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Tuesday, February 28, 2012

She had an abortion in the second month; does she have to offer any expiation?

I have five children, praise be to Allaah. Allaah decreed that I should conceive a sixth child, but I took some pills to abort it, approximately one and a half months after conception, and it was aborted. Now I greatly regret what I did. What should I do? Do I have to offer any expiation?.

Praise be to Allaah.  

The basic principle is that it is not permissible to abort a woman’s pregnancy at any stage except for a legitimate shar’i reason. If the pregnancy is still a nutfah (drop), i.e., forty days or less, and if aborting it will serve a shar’i interest or ward off some harm that may affect the mother, it is permissible to abort it in this case. That does not include fears of hardship incurred by raising children or not being able to pay their expenses or to educate them, or being content with a certain number of children, or other excuses that are not acceptable according to sharee’ah. 

But if the pregnancy has lasted for more than forty days, it is haraam to abort it, because after forty days it becomes an ‘alaqah (clot) which is the beginning of a person. It is not permissible to abort it after it reaches this stage, unless a trustworthy council of doctors agrees that continuing the pregnancy poses a threat to the life of the mother, and there is the fear that she may die if the pregnancy continues. Therefore your aborting the pregnancy after one and a half months on the basis of your own justification means that you committed a forbidden action, so you have to repent sincerely from that and not do such a thing again in the future. 

Fataawa al-Lajnah al-Daa’imah, 21/450. 

Secondly: 

With regard to expiation, no expiation is required of you, because expiation is only required for abortion of a foetus into whom the soul has been breathed, which is after one hundred and twenty days have passed since conception.

 It says in Fataawa al-Lajnah al-Daa’imah (21/434): 

If the soul had been breathed into the foetus that was aborted, i.e., four or more months had passed, then expiation must be offered, which is to free a believing slave; if that is not possible then you have to fast for two consecutive months. If the soul had not yet been breathed into the foetus then it was a sin to abort the foetus, but no expiation is required. Rather what is required is repentance and praying for forgiveness.

Ruling on aborting a deformed foetus

A woman is pregnant and has had several scans, which show that there are deformities in the foetus. Is it permissible to abort it?.

Praise be to Allaah.  

Firstly: We have already stated in the answer to question no. 12811 the ruling on aborting a foetus that is physically deformed, and that this is permissible before the soul is breathed into the foetus, i.e., before 120 days of pregnancy have passed. This is allowed after exhausting all possible means of treating the problem. But after the soul has been breathed into the foetus it is not permissible to abort it because of deformity.

 The parents have to be patient and accept the will and decree of Allaah, and remember the words of Allaah (interpretation of the meaning): 

“and it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Allaah knows but you do not know”

[al-Baqarah 2:216] 

“it may be that you dislike a thing and Allaah brings through it a great deal of good”

[al-Nisa’ 4:19]

And the Prophet (peace and blessings of Allaah be upon him) said: “How wonderful is the affair of the believer, for all his affairs are good, and that applies to no one but the believer. If something good happens to him he gives thanks and that is good for him, and if something bad happens to him he bears it with patience and that is good for him.” Narrated by Muslim, 2999. 

Secondly: Here we will add something from a fatwa of the Standing Committee concerning this matter. 

The Standing Committee was asked about aborting a pregnancy in the fifth month, after scans proved that the foetus was deformed and the top of the skull was absent. 

They replied: 

It is not permissible to abort the foetus because of the deformity mentioned in the question. Allaah may heal the foetus during the remainder of the pregnancy, and it may be born normal and healthy, as has happened to many people. 

Fataawa al-Lajnah al-Daa’imah, 21/440. 

They were also asked about a pregnant woman who was treated for cancer with radiotherapy, which would affect the foetus and cause it to be born deformed – is it permissible to abort it? 

They replied: 

It is not permissible to abort the foetus which it is feared may be deformed. Rather the matter should be left to the will of Allaah; it may be free of deformity. 

Fataawa al-Lajnah al-Daa’imah, 21/249. 

They were also asked about a woman in the fifth month of pregnancy; scans had shown the presence of several deformities in the foetus which made the doctors sure that it would die after birth. These deformities were as follows:  a deformity in the heart, a severe deformity of the spinal cord and spinal column, the size of the head is very small, there is a large sac between the head and body that is bigger than the head, the intestines are outside the abdominal cavity, and there is a deformity in the brain. Is it permissible to abort it? 

They replied: 

After studying the question, the Committee replied that it is not permissible to abort this pregnancy, because often the doctor’s reports are speculative, and the basic principle is that the foetus must be respected and it is forbidden to abort it, because Allaah may make the foetus whole during the remainder of the pregnancy, so it may be born free of the things that the doctors mentioned, even if what they said was correct. We must think positively of Allaah and ask Him to heal him and make him whole, and to cause him to be born healthy. His parents have to fear Allaah and ask Him to heal him from all ills and to delight them with a healthy child. The Prophet (peace and blessings of Allaah be upon him) said: “Allaah says: ‘I am as My slave thinks I am.’” 

Fataawa al-Lajnah al-Daa’imah, 21/250-251. 

They were also asked about a woman in the fifth month of pregnancy, whose foetus has some deformities which expose the mother’s life to danger. Is it permissible to abort it? 

They replied: 

After studying the question, the Committee replied that if the situation is as described, and continuation of the pregnancy to full term will result in danger to the mother’s life, then there is nothing wrong with aborting the pregnancy before it reaches full term, in order to protect the mother’s life. But if the abortion is because of the deformities only, then it is not permissible to abort the pregnancy. 

Fataawa al-Lajnah al-Daa’imah, 21/452.

Does a woman have to defend herself against a would-be rapist?

Does a woman have to defend herself if someone wants to rape her, and is she allowed to use a weapon for that purpose?

Praise be to Allaah.

A woman who is being forced to commit zinaa [unlawful sexual activity] is obliged to defend herself and should not give in even if she kills the one who wants to do that to her. This self-defence is waajib (obligatory), and she is not at fault if she kills the one who wants to force her into zinaa. Imaam Ahmad and Ibn Hibbaan reported that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever is killed defending his property is a shaheed (martyr), whoever is killed defending himself is a shaheed, whoever is killed defending his religion is a shaheed, and whoever is killed defending his family is a shaheed.” In the commentary on this hadeeth it says: “whoever is killed defending his family is a shaheed” refers to the one who defends the honour of his wife and female relatives.

If a man is obliged to defend his wife and fight off the one who wants to rape her – even if this leads to his own death – then this obligation applies even more to the woman herself, who must defend herself and not give in to the aggressor who wants to violate her honour, even if she is killed, because if she is killed she will also be a shaheedah, just as her husband will be a shaheed if he was killed defending her honour. Shahaadah (martyrdom, the status of shaheed) is a high status which is only achieved by the one who dies in the way of obedience to Allaah and that which He loves, which indicates that Allaah loves this kind of defence, a man’s fighting to defend his wife’s honour and a woman’s fighting to defend herself. But if she is unable to defend herself, and the evil aggressor overpowers her and rapes her by force, then she should not be subjected to any punishment (hadd or ta’zeer); rather, the punishment should be carried out on the evil aggressor.

It says in al-Mughni by Ibn Qudaamah al-Hanbali: “Concerning a woman who was pursued by a man, and she killed him to protect herself, Ahmad said: ‘If she knew that he wanted [to rape] her, and she killed him to protect herself, then she is not at fault.’ Ahmad mentioned the hadeeth which al-Zuhri reported from al-Qaasim ibn Muhammad, from ‘Ubayd ibn ‘Umayr, in which it said that a man had visitors from [the tribe of] Hudhayl, and he wanted [to rape] a woman, so she threw a rock at him and killed him. ‘Umar said, ‘By Allaah, there is no diyah for him ever’ i.e., she did not have to pay the ‘blood money’ for him. If it is permissible to defend one's money, which one can give away, then a woman defending and protecting herself and her honour which cannot be given away, is clearly more permissible than a man defending his money. If this is clear, then she is obliged to defend herself if she can, because letting someone overpower her [rape her] is haraam, and by not defending herself, she lets him overpower her.” [al-Mughni, 8/331]

And Allaah knows best. Al-Mufassal fi Ahkaam al-Mar’ah, 5/42-43.

Ibn al-Qayyim (may Allaah have mercy on him) said in al-Turuq al-Hukmiyyah, 18: “(Section) … A woman who had committed zinaa was brought to ‘Umar ibn al-Khattaab (may Allaah be pleased with him), and he asked her about it and she admitted it, so he commanded that she should be stoned. ‘Ali said: ‘Maybe she had a reason.’ So he said to her, ‘What made you do that?’ She said, ‘I had a partner who shared livestock with me; his camels had water and milk, and mine had none. I got thirsty, so I asked him to give me something to drink, but he refused unless I let him have his way with me. I refused three times, but I was so thirsty that I thought I was going to die, so I gave him what he wanted, and he gave me something to drink.’ ‘Ali said: ‘Allaahu akbar! “… But if one is forced by necessity without wilful disobedience nor transgressing due limits, then there is no sin on him. Truly Allah is Oft-Forgiving, Most Merciful.” [al-Baqarah 2:173 – interpretation of the meaning].’”

In Sunan al-Bayhaqi it says: “From Abu ‘Abd al-Rahmaan al-Sulami, who said: ‘A woman was brought to ‘Umar who had been extremely thirsty, and had passed by a shepherd and asked him to give her something to drink; he had refused to give her something to drink unless she let him have his way with her. [‘Umar] consulted with the people as to whether he should have her stoned. ‘Ali said, ‘She was forced to do it. I think you should let her go.’ So he did so. I say: this is what should be done. If a woman is in desperate need of food and drink from a man, which he will not give her unless she lets him have his way with her, and she is scared that she will die without them, so she lets him have his way with her, then she is not to be punished. If it were asked, is it permissible for her in this situation to let him have his way with her, or does she have to suffer [her hunger and thirst] with patience, even if she dies? The answer is that her case is like that of a woman who is forced to commit zinaa, to whom it is said, ‘Either you let me have my way with you, or I will kill you.’ The woman who is forced to do this should not be punished; she can save herself from being killed in this manner, but if she bears it (i.e., being killed) with sabr (patience), this is better for her. (But she does not have to put up with with being killed). And Allaah knows best.”

Rulings to do with abortion

I would like to know the rulings that have to do with abortion of the foetus at various stages.

Praise be to Allaah.  

Firstly: 

We have already stated in the answer to question no. 42321 the ruling on abortion. Please refer to this information. 

Secondly: 

With regard to the rulings following an abortion, they vary according to the time of the abortion, and fall into four categories, as follows: 

1 – If the pregnancy is aborted within the first two stages (the nutfah (drop) stage which results from the mixing of the “two waters” which is the first forty days after the embryo attaches itself in the womb, and the ‘alaqah (clot) stage where it turns into solid blood during the second forty days), which add up to a total of eighty days, then in this case if it is aborted as a nutfah or ‘alaqah, there are no rulings to be followed, and there is no scholarly dispute on this point. The woman should continue to fast and pray as if she had not had an abortion, but she has to do wudoo’ for each prayer if she has any bleeding, as in the case of a woman suffering from istihaadah (non-menstrual vaginal bleeding). 

2 – If the pregnancy is aborted in the third stage, the mudghah (chewed piece of flesh) stage, when the embryo looks like a piece of meat with the limbs and features beginning to appear, which lasts for forty days from the eighty-first to the one hundred and twentieth day, then there are two scenarios:  

(i)                This embryo does not have any human features and the midwives or other attendants did not testify that this was the beginning of a human being. In this case the ruling on abortion of this mudghah is the same as the ruling on abortion in the first two stages, and there are no rulings to be followed.

(ii)              The embryo has complete human features or some human features  such as a hand or foot, etc, or there are features but they are indistinct, or the midwives or other attendants testified that this was the beginning of a human being. In this case the rulings on nifaas are to be followed, and this signals the end of ‘iddah (waiting period following divorce or death of the husband, if applicable). 

3 – If the pregnancy is aborted in the fourth stage, i.e., after the soul has been breathed into the foetus, which is after the beginning of the fifth month or after one hundred and twenty days of pregnancy have passed. Here there are two scenarios: 

(i)                If the foetus did not cry after birth, then the rulings mentioned with regard to the second stage of the mudghah are to be followed, but in addition the foetus should be washed, shrouded and the funeral prayer offered for him; he should be given a name and the ‘aqeeqah offered for him.

(ii)              If the foetus cried after birth, then the rulings concerning a full-term baby apply, as mentioned above; in addition the child may take possession of wealth bequeathed or inherited; he may inherit or be inherited from, etc. 

Fataawa al-Lajnah al-Daa’imah, 21/434-438.

 

Following note from Muslim Quran online Blog

The first lesson to be learned by all Muslims is the importance of the Reading Quran Online. All Muslim should learn holy Quran online  is the Book of Allah All mighty. Every word which the quran reciter recites or he read quran is the word of Allah it is mentioned in Quran in Arabic that it is the guidance which has come from Allah. That is why we as Muslim say it is the Holy Book. We should  learn quran and focus on quran teaching thought by the quran tutor to the students and the tutor should arrange the kids quran lessons in such an easy manner so they can understand it easily and make there quran recitation online as beautiful as he could and teach them that the words of Koran were sent by Allah to our beloved Prophet Muhammad (SAWW) through the angel Jibraeel. And further more elaborate wile reading quran with teaching them the quran tafseer and the tajweed quran with its rules let then do quran memorization in the proper manner We as Muslim should respect the teachings of Quran and in every other manner

when we are reading it or when we listen to                     

  

                                                                                                                                               

                                            

 

 

 

 

Abortion after the soul has been breathed into the foetus

What is the ruling on abortion after the fifth month of pregnancy?

Praise be to Allaah.

The fuqaha’ of the Sunni Islamic madhhabs are agreed that it is haraam to kill the foetus after the soul has been breathed into it, i.e., after 120 days have passed since conception. It is not permissible to kill it under any circumstances except when continuing the pregnancy would lead to the mother’s death. 

The differences among the fuqaha’ have to do with abortion in the period before the soul is breathed into the foetus. After the soul is breathed into it, the fuqaha’ are agreed that the foetus has become a human being and a soul which has dignity and is to be respected. Allaah says (interpretation of the meaning):

“And indeed We have honoured the Children of Adam…”[al-Israa’ 17:70] 

And He says (interpretation of the meaning): 

“… if anyone killed a person not in retaliation of murder, or (and) to spread mischief in the land — it would be as if he killed all mankind, and if anyone saved a life, it would be as if he saved the life of all mankind…”[al-Maa'idah 5:32]  

The Maaliki faqeeh Ibn Jizzi narrated in al-Qawaaneen al-Fiqhiyyah that there was scholarly consensus that it is haraam to have an abortion after the soul has been breathed into the foetus. He said: “When the womb has accepted the sperm it is haraam to interfere with it. It is worse (to do so) when it has been formed; and it is worse when the soul has been breathed into it, for that is considered to be the killing of a soul, according to scholarly consensus.” (al-Qawaaneen al-Fiqhiyyah, 141) 

Similarly it says in Nihaayat al-Muhtaaj: “The prohibition becomes stronger the closer the time is for the soul to be breathed into the foetus, because it is a crime. Then if it has taken on a human form and the midwives can palpate it, it must be protected fully.” (Nihaayat al-Muhtaaj, 8/442) 

The author of al-Bahr al-Raa’iq stated that when some of the features of the foetus become distinct, it is to be considered as a child. The author of al-Binaayah said: “It is not permitted to interfere with the foetus once its features have become distinct. If it can be distinguished from the ‘alaqah (clot) and the blood, it should be considered as having become a soul, and there is no doubt that the sanctity of the soul is protected by scholarly consensus and by the texts of the Qur’aan.” 

Thus it is clear to us that abortion after the soul has been breathed into the foetus is a crime which it is not permitted to commit, except in cases of extreme and certain necessity, not where necessity is merely imagined, i.e., where the necessity is proven. This means cases where preserving the foetus would put the mother’s life in danger, noting that with the advances in modern medicine and the scientific possibilities available nowadays, abortions performed to save the mother’s life have become very rare. 

Monday, February 20, 2012

When he wakes up and finds some wetness on his clothes and doesn’t know what it is

I have an awkward question. What do you do when, upon waking up, you are unsure if you need a fardh ghusal? In other words, you are not sure if you had emmitted semen whilst sleeping for whatever reson (the signs aren't visible, or only partially etc.) and you don't know whether a bath has become obligatory upon you. Please advise me on this situation.

Praise be to Allaah.  

When a person wakes up and has had an erotic dream, but he does not find any wetness on his clothes, then he does not have to do ghusl, according to scholarly consensus, because the Prophet (peace and blessings of Allaah be upon him) was asked by a woman, “O Messenger of Allaah, Allaah is not shy of (telling you) the truth. Does a woman have to do ghusl if she has an erotic dream?” The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Yes, if she sees water.” (Narrated by al-Bukhaari, 282; Muslim, 313). This indicates that it is not obligatory to do ghusl is one does not see water. Al-Mughni, 1/269. 

But if one finds wetness, this must mean one of three things: 

1 – That one is certain that it is maniy (semen), in which case ghusl is obligatory according to scholarly consensus. Al-Mughni, 1/269.

2 – That one is certain that it is not maniy, in which case ghusl is not obligatory, but this liquid must be washed away, because in this case the ruling is the same as the ruling on urine. Al-Sharh al-Mumti’, 1/280.

3 – If he is not sure what it is, and does not know whether it is maniy (semen) or madhiy (prostatic fluid). In this case there is a difference of opinion among the scholars: 

Al-Nawawi stated in al-Majmoo’ (2/146) that the rulings on both maniy and madhiy apply, so he should do ghusl to remove the janaabah (impurity following sexual activity) on the basis that it may be maniy, and he should cleanse his clothes of the impurity on the basis that it might be madhiy – because he cannot discharge his duty of purifying himself without doing that. 

The madhhab of Imam Ahmad, which was also the view preferred by Shaykh al-Islam Ibn Taymiyah, is that if he was thinking thoughts of desire before he fell asleep, or if he had played with his wife or looked at her, then this wetness should be counted as madhiy, because the liquid that is emitted because of those things is usually madhiy and the basic principle is that it is not anything else. So he should cleanse his clothes of the madhiy by sprinkling them with water, but he does not have to do ghusl. 

But if he did not think thoughts of desire, or play with or look at his wife before falling asleep, then this wetness is to be considered as maniy, because of the report narrated by ‘Aa’ishah who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) was asked about a man who finds some wetness and does not remember having an erotic dream. He said: ‘He should do ghusl.’ And he was asked about a man who thought that he had had an erotic dream but he did not find any wetness. He said, ‘He does not have to do ghusl.’” (Narrated by Abu Dawood, 236; classed as hasan by al-Albaani in Saheeh Abi Dawood, 216.

 Al-Khattaabi said in Ma’aalim al-Sunan: “The apparent meaning of this hadeeth is that ghusl is obligatory if one sees wetness, even if he is not certain that it is maniy. This opinion was narrated from a group of the Taabi’een, including ‘Ata’, al-Shu’bi and al-Nakha’i.”

 This wetness has to have come out for a reason, and there is no apparent reason other than an erotic dream, and the water that usually comes out because of an erotic dream is maniy. So this uncertainty may be dealt with by going by what is most usual.

 See al-Mughni, 1/270; Sharh al-‘Umdah, 1/353.

 Both opinions are valid, but if you follow the second view it will be sufficient, in sha Allah. If you want to be on the safe side and be sure that your prayer is valid, and you follow the first opinion, that will be better.

 We ask Allaah to enable us to understand our religion, and Allaah knows best. May Allaah send blessings and peace upon our Prophet Muhammad and upon all his family and companions.

Ruling on touching books or magazines which contain verses of the Qur’aan for one who is menstruating or in a state of impurity following sexual activity (i.e. junub)

I know that it is not permissible to touch the Mus-haf (copy of the Qur’aan containing Arabic text only) unless one has wudoo’, but does this ruling apply to single verses or books of Tafseer (Qur’aanic commentary) or books of Seerah (Prophet’s biography) etc?

Praise be to Allaah.  

It is not permissible for a person who is in a state of impurity to touch a single aayah because the ruling on that is the same as the ruling on the Mus-haf. But if there are other things written alongside the aayah, as in books of Tafseer and Fiqh, then the ruling depends on which is the greater; if there is more Qur’aan than anything else, then it is haraam to touch it without wudoo’, but if there is more of writings other than Qur’aan, then it is permissible to touch it. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: “Anything on which there is Qur’aan comes under the same rulings as the Mus-haf if there is only Qur’aan on it, but if other things are written on it as well as Qur’aan, then the ruling depends on which is the greater. It is permissible to touch books of tafseer, hadeeth, fiqh and essays in which there is some Qur’aan.” (Sharh al-‘Uddah, 1/385).

Friday, February 17, 2012

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Tuesday, February 7, 2012

Does a tree growing on the grave indicate that the deceased person was righteous?

I noticed that some people, when they see a tree growing on a grave, they describe the occupant of the grave as having such and such characteristics. If a tree grows on a grave does it mean anything?

Praise be to Allaah.

There is no basis for this. If trees or other plants grow on graves it is not a sign that their occupants were righteous. That is a false notion. Trees may grow on the graves of righteous and evil people alike, not only on the graves of the righteous. We should not be deceived by the claims of the myth-makers and followers of deviant beliefs who claim otherwise. And Allaah is the One Whose help we seek. 

Should the funeral prayer be offered for the shaheed when he is killed?





Should the funeral prayer be offered for Muslims who are slain in battles against the kuffaar?.

Praise be to Allaah.  

The shaheed (martyr) is a Muslim who dies fighting the kuffaar and for that reason. See al-Mawsoo’ah al-Fiqhiyyah, Kuwait edition, 26/272 

The majority of scholars said that the funeral prayer should not be offered for him. That is the view of Imam Maalik and al-Shaafa’i, and the more correct of the two views narrated from Imam Ahmad. See al-Mughni, 2/334. That is because the Prophet (peace and blessings of Allaah be upon him) did not pray for the martyrs of Uhud (narrated by al-Bukhaari, 1347), and because the purpose behind the funeral prayer is to intercede for the deceased. But the martyr receives expiation for everything (so he has no need of intercession), apart from debt; debt is not waived because of martyrdom, rather it remains owed by the deceased. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: 

It is not prescribed to offer the funeral prayer for the martyrs who die in battle, or to wash them, because the Prophet (peace and blessings of Allaah be upon him) did not offer the funeral prayer for the martyrs of Uhud, neither did he wash them. This was narrated by al-Bukhaari in his Saheeh (1347) from Jaabir ibn ‘Abd-Allaah (may Allaah be pleased with him). 

Majmoo’ Fataawa Ibn Baaz, 13/162 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: 

No one among the people – neither the imam nor anyone else – should offer the funeral prayer for the shaheed, because the Prophet (peace and blessings of Allaah be upon him) did not offer the funeral prayer for the martyrs of Uhud, and because the purpose behind the funeral prayer is to intercede for the deceased. The Prophet (peace and blessings of Allaah be upon him) said: “There is no Muslim man who dies, and forty men who do not associate anything in worship with Allaah offer the funeral prayer for him, but their intercession with Allaah for him will be accepted.” But the martyr receives expiation for everything apart from debt, because debt cannot be waived by martyrdom, rather it remains owed by the deceased and is to be paid off from his estate if he left anything behind. Otherwise if he took it with the intention of paying it back, Allaah will pay it back on his behalf. 

Al-Sharh al-Mumti’, 5/367 

Some of the scholars were of the view that it is permissible to offer the funeral prayer for the shaheed – but it is not obligatory. This was narrated from Imam Ahmad (see al-Mughni, 2/334). That is because of the following ahaadeeth: 

1 – It was narrated from Shaddaad ibn al-Haad that a man from among the Bedouin came to the Prophet (peace and blessings of Allaah be upon him) and believed in him and followed him, then he said: “I will migrate with you.” They stayed there for a while, then they engaged in fighting the enemy. He was brought to the Prophet (peace and blessings of Allaah be upon him), and he had been struck by an arrow… Then the Prophet (peace and blessings of Allaah be upon him) shrouded him in his cloak, then he placed him in front of him and offered the funeral prayer for him. 

Narrated by al-Nasaa’i; classed as saheeh by al-Albaani in Ahkaam al-Janaa’iz, p. 82 

2 – It was narrated from ‘Abd-Allaah ibn al-Zubayr that on the day of Uhud, the Messenger of Allaah (peace and blessings of Allaah be upon him) ordered that Hamzah be wrapped in his cloak, then he offered the funeral prayer for him. He said takbeer nine times, then the slain were brought and laid in rows, and he offered the funeral prayer for them and for him with them. 

Narrated by al-Tahhaawi in Ma’aani al-Athaar, 1/290; classed as hasan by al-Albaani in Ahkaam al-Janaa’iz, p. 82. 

Among those who favoured this view was Shaykh Naasir al-Deen al-Albaani, may Allaah have mercy on him. See Ahkaam al-Janaa’iz, p. 81.

Ruling on one who gives charity and zakaah only with the aim of making his wealth grow

I only give zakaah or charity with the aim of making my wealth grow and increasing the barakah in it. What is your advice?.

Praise be to Allaah.

There is nothing wrong with that, as Allaah pointed out something like that in the words of Nooh to his people (interpretation of the meaning):

“I [Nooh] said (to them): ‘Ask forgiveness from your Lord, verily, He is Oft‑Forgiving;

11. ‘He will send rain to you in abundance,

12. ‘And give you increase in wealth and children, and bestow on you gardens and bestow on you rivers”

[Nooh 71:10-12]. 

And the Prophet (peace and blessings of Allaah be upon him) said: “Wealth never decreases because of charity.” 

And he (peace and blessings of Allaah be upon him) said: “Whoever would like to have his lifespan extended and his provision increased, let him uphold his ties of kinship.” 

Allaah has only stipulated these worldly benefits in order to encourage people, because if they are encouraged they will do these good deeds, and the one who is seeking the Hereafter will attain benefits in this world and in the Hereafter, as Allaah says (interpretation of the meaning):

“Whosoever desires (by his deeds) the reward of the Hereafter, We give him increase in his reward”[al-Shoora 42:20], i.e., We will give him reward in this world and in the Hereafter. As for only doing acts of worship in the hope of gaining worldly benefits only, this is undoubtedly a shortcoming in intention which is caused by love of this world in the heart of the one who does that. End quote. 

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him).

Permissibility of announcing death in chat rooms for the purpose of receiving condolences

I often see in chat rooms pages that are just for condolences on the death of one of the relatives of the member in the chat room. What is your opinion?.

Praise be to Allaah.

It seems to us that it is permissible to announce the death in a chat room of one of its members or one of his relatives for the purpose of receiving condolences and so that people may pray for mercy if it is the member who is deceased, or offer condolences to the one who has lost a family member. This does not come under the heading of the kind of death announcements that are forbidden, so long as it is free from exaggeration in praising the deceased and it does not involve the forbidden matter for which those scholars who forbade it, forbade making announcements in newspapers, namely undue expenses.  

Shaykh ‘Abd al-Azeez ibn Baaz (may Allah have mercy on him) was asked: 

What is the ruling on offering condolences in newspapers? Is it regarded as a kind of death announcement that is forbidden? 

He replied:

That does not come under the heading of death announcements that are forbidden, although not doing it is preferable, because it costs a lot of money. 

Fataawa al-Shaykh Ibn Baaz, 13/408. 

There are interests to be served by announcing the death before the burial such as: supplication may be offered for mercy for him and for him to be made steadfast during the questioning in the grave; the numbers of good people who offered a funeral prayer for him can be increased; the grief of his family may be reduced by these who are close to him. As for announcing the death after the burial, interests are also served by this, among the most important of which are: condolences to the member who has lost one of his family or one of his relatives. 

Among the evidence which points to the principle that we have mentioned here, which is that it is permissible to announce the death of a Muslim, especially before the burial, without any exaggeration in praise of the deceased, is the fact that the Prophet (blessings and peace of Allah be upon him) announced the death of the Negus, the King of Abyssinia. 

It was narrated that Abu Hurayrah (may Allah be pleased with him) said: the Messenger of Allah (blessings and peace of Allah be upon him) announced to us the death of the Negus, the ruler of Abyssinia, on the day on which he died, and he said: “Pray for forgiveness for your brother.” 

Al-Bukhaari (1263) and Muslim (951). 

In the hadeeth there is a mention of the deceased so that others are encouraged to pray for him as he deserves and to offer the funeral prayer for him, as the Prophet (blessings and peace of Allah be upon him) offered the funeral prayer in absentia with his companions. 

Ibn Qudaamah (may Allah have mercy upon him) said:

Al-Kharqi said, it is recommended to offer condolences to the family of the deceased.

We do not know of any difference of opinion concerning this matter. 

The purpose behind offering condolences is to console the family that has been bereaved, to fulfil their rights and to draw closer to them; the need for that after the burial is the same as the need for it before the burial. 

Al-Mughni, 2/408 

Al-Nawawi (may Allah have mercy on him) said:

It should be noted that offering condolences is recommended before the burial and afterwards.

al-Adhkaar, p. 148, 149.  

There is no specific time for offering condolences and no specific place. Simply announcing a death in a chat room is not contrary to any text or any of the aims of sharee’ah. 

The Scholars of the Standing Committee said: there is no specific time or place for offering condolences.

Fataawa al-Lajnah al-Daa’imah, 9/134. 

For more details please see the answer to question number 119130

For information on the haraam type of kind of death announcements, and that simply announcing the death is permissible in and of itself, and for information on the words of the scholars and what they quoted as evidence of the hadeeth about the Negus and others, please see the answer to question number 60008

And Allah knows best.

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Can the funeral prayer be offered for one who did not pray?

Are we obliged to attend the funeral prayer of a person who calls themself a Muslim (or who believes in Allah), yet drinks alcohol and has never prayed or fasted a single day in their life?.

Praise be to Allaah.

Firstly: 

Attending the funeral of a Muslim, i.e., washing him or shrouding him or offering the prayer for him or burying him, is a communal obligation; if there is someone among the Muslims who can do that, then it becomes mustahabb for you and not obligatory. 

It says in Zaad al-Mustaqni’: Washing the deceased, shrouding him, offering the prayer for him and burying him is a communal obligation (fard kifaayah).  

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in al-Sharh: It should be noted that with regard to every communal obligation, if it is undertaken by one who can do it properly, it is waived in the case of the others, but if there is only one person who can do it, then in his case it becomes an individual obligation (fard ‘ayn).  

The author says “burying him is a communal obligation”, and that on which burial depends is also a communal obligation, and that on which the prayer depends is also a communal obligation, thus carrying him from his house to the prayer place is a communal obligation, and carrying him from the prayer place to the graveyard is a communal obligation, because that without which the obligatory duty cannot be done is also obligatory. End quote from al-Sharh al-Mumti’, 5/265. 

Secondly: 

With regard to the one who does not pray, if he does not pray at all he is a kaafir, whether he does not pray because of laziness or because he denies that it is obligatory, according to the more correct of the two scholarly opinions, because of a great deal of evidence, some of which has been mentioned in the answer to question number 5208 and 83165. 

Based on that, it is not permissible for you to offer the funeral prayer for one who you know died not praying, because of the general meaning of the verses in which Allaah says (interpretation of the meaning):“And never (O Muhammad صلى الله عليه وسلم) pray (funeral prayer) for any of them (hypocrites) who dies, nor stand at his grave. Certainly they disbelieved in Allaah and His Messenger, and died while they were Faasiqoon (rebellious, — disobedient to Allaah and His Messenger صلى الله عليه وسلم)”

[al-Tawbah 9:84]

“It is not (proper) for the Prophet and those who believe to ask Allaah’s forgiveness for the Mushrikoon, even though they be of kin, after it has become clear to them that they are the dwellers of the Fire (because they died in a state of disbelief)”

[al-Tawbah 9:113]. 

So the one who did not pray should not be washed or shrouded or the prayer offered for him, and he should not be buried in the Muslim graveyard, because he is a kaafir, as stated above. 

As for the disobedient Muslim, such as the one who used to drink alcohol but he prayed regularly and did not stop praying, the funeral prayer should be offered for him, but the imam or scholar may refrain from offering the funeral prayer for him, as a rebuke to deter people from doing what he did and to scare those who are like him, but other people should offer the funeral prayer for him. 

And Allaah knows best.

Thursday, February 2, 2012

Rinsing the nose and mouth when fasting

Is it permissible to rinse the nose and mouth during the day in Ramadaan for one who is fasting?.

Praise be to Allaah.

It is proven that the Messenger of Allaah (peace and blessings of Allaah be upon him) said to al-Laqeet ibn Saburah: “Do wudoo’ well and make the water go between your fingers, and be thorough in rinsing the nose, unless you are fasting.” So he (peace and blessings of Allaah be upon him) told him to do wudoo’ well then he said: “…and be thorough in rinsing the nose, unless you are fasting.” This indicates that the fasting person may rinse his mouth and nose, but he should not be too thorough in doing so lest the water reach his throat. As for rinsing the nose and mouth, they are essential when doing wudoo’ and ghusl, because they are obligatory parts of those actions, whether one is fasting or not. End quote. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him)

Ruling on anaesthetic injections and cleaning, filling or extraction of teeth whilst fasting

If a person has pain in his tooth, then a Dentist cleans, fills or removes it, does it affect his fasting? Does an anesthetic injection invalidate fasting?.

Praise be to Allaah.

The things mentioned in the question do not have any effect on the validity of the fast, rather they are forgiven, but he should be careful to avoid swallowing any medicine or blood. Similarly the injection mentioned does not have any effect on the validity of the fast, because it is not like food or drink, and the basic principle is that the fast remains valid. End quote. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him)

There is no connection between fasting and cutting one's nails or shaving one’s pubic hairs

Is there any truth that one should not cut their nails or shave the pubic hairs while fasting?

Praise be to Allaah.  

These actions are not things that are obligatory for the fasting person in particular, but they are not things that go against fasting either. Rather the fasting person refrains from eating, drinking and having intercourse, which are things that invalidate the fast. He should also keep away from sins and bad things, such as backbiting and spreading slander, which reduce the reward for fasting. But with regard to cutting the nails and shaving the pubic hair, these are matters that pertain to the fitrah (natural state of man), which the Lawgiver said should not be left for more than forty days. They have nothing to do with the soundness of one’s fast. 

And Allaah knows best.

Fasting person using miswaak and toothpaste

What is the ruling on using the siwaak and toothpaste during the day in Ramadaan?.

Praise be to Allaah.

It is permissible for a fasting person to use miswaak and toothpaste whilst fasting, so long as he is careful not to swallow anything. In fact using the miswaak is Sunnah when fasting and otherwise. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: As for the miswaak, it is permissible and there is no difference of opinion concerning that. But they differed as to whether it is makrooh after the sun has passed the meridian, and there are two well known views, both of which were narrated from Ahmad. But there is no shar’i evidence suggesting this to be makrooh which can be regarded as an exception from the general meaning of the texts about the miswaak. End quote from al-Fataawa al-Kubra (2/474). 

The scholars of the Standing Committee for Issuing Fatwas were asked:  

Can the fasting person wear perfume? Is it permissible for him to use the miswaak during the day? Can a woman put henna or oil on her hair?  

They replied: he may put perfume on his clothes or on that which he wears on his head or body. But he should not put it in his nose.  

He may use the miswaak during the day, because the Prophet (peace and blessings of Allaah be upon him) said: “Were it not that it would be too difficult for my ummah, I would have told them to use the miswaak before every prayer.” Saheeh – agreed upon. This includes Zuhr and ‘Asr prayer for the one who is fasting and for others, and we do not know of any saheeh evidence to suggest that this is not allowed. 

A woman may put on henna or put oil on her hair, because that does not affect the fast. A man may also apply medicine and so on, even if he is fasting. End quote. 

Fataawa al-Lajnah al-Daa’imah (10/328). 

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: What is the ruling on using toothpaste when fasting?  

He replied: 

Cleaning the teeth with toothpaste does not break the fast as is the case with the miswaak. But one should be careful to avoid letting any of it reach his throat, but if that happens accidentally then he does not have to make up the fast. End quote from Majmoo’ Fataawa al-Shaykh Ibn Baaz (15/260). 

And Allaah knows best.

Eating out of forgetfulness in Ramadan does not matter

What is the ruling on one who eats or drinks out of forgetfulness during Ramadan?

Praise be to Allaah.  

That does not matter and his fast is valid, because Allaah says at the end of Soorat al-Baqarah (interpretation of the meaning): 

“Our Lord! Punish us not if we forget or fall into error”

[al-Baqarah 2:286] 

It was narrated in a saheeh report from the Messenger of Allaah (peace and blessings of Allaah be upon him) that Allaah said, “I have done that.” And it was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever forgets that he is fasting and eats or drinks, let him complete his fast, for the One Who fed him and gave him to drink was Allaah.” (Agreed upon). 

The same applies if he has intercourse because of forgetfulness; his fast is still valid according to the more correct of the two scholarly opinions, because of this aayah and this hadeeth, and because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever breaks his fast in Ramadaan out of forgetfulness, he does not have to make that day up and he does not have to offer any expiation (kafaarah).” (Narrated and classed as saheeh by al-Haakim). This wording includes intercourse and other things that break the fast, if the fasting person does them because of forgetfulness. This is from the mercy, bounty and kindness of Allaah, for which we praise and thank Him.