Tuesday, 28 February 2012

It is permissible to eat ostrich meat if it is slaughtered properly

Is Ostrich meat permissible ?

Praise be to Allaah.

Yes, it is permissible to eat ostrich meat, because Allaah has blessed His slaves by subjugating to them that which is in the heavens and on earth. 

It is difficult to enumerate all the animals that we are permitted to eat. The basic principle concerning all of them is that in general they are permissible, except for those which have been excluded. We may list those which are haraam as follows: 

1.       Pigs – they are haraam according to the texts of the Qur’aan and Sunnah, and there is scholarly consensus on this point.

2.       All carnivores which have fangs, such as lions, tigers, leopards, wolves, dogs, etc.

3.        All birds which have talons, such as hawks, falcons, vultures, eagles, Indian falcons, etc. 

It was narrated from Ibn ‘Abbaas that the Prophet (peace and blessings of Allaah be upon him) forbade all carnivorous animals which have fangs and all birds which have talons.

(Narrated by Muslim, 1934) 

4.    Domestic donkeys 

It was narrated that ‘Ali (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade mut’ah (temporary marriage) in the year of Khaybar and he forbade the meat of domesticated donkeys.”

(Narrated by al-Bukhaari, 5203; Muslim, 1407) 

5.                 Animals which we are commanded to kill, such as snakes, scorpions and mice. 

6.                 Things which are abominable or repulsive. One of the basic principles concerning halaal and haraam is paying attention to what is regarded as good and what is regarded as repulsive. Al-Shafaa’i believed this to be the most important and most comprehensive principle. The basis for this is the aayaat (interpretation of the meanings): 

“and prohibits them as unlawful Al Khabaa’ith (i.e. all evil and unlawful as regards things, deeds, beliefs, persons and foods)”

[al-A’raaf 7:157] 

“They ask you (O Muhammad) what is lawful for them (as food ). Say: ‘Lawful unto you are At Tayyibaat [all kinds of Halaal (lawful good) foods which Allaah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits)]’” [ al-Maa’idah 5:4] 

On this basis, ostrich meat is permitted beyond any shadow of a doubt. The fuqaha’ have stated that ostrich meat is permissible under several subject headings, including: 

(a)               al-dhabh (slaughtering meat): when discussing that which makes the animal more at ease, they said: it should be cut in the neck if it has a short neck, and at the point where the neck meets the chest if it has  a long neck, such as a camel, ostrich or goose, because that makes it easier for the soul to depart.

(b)              The penalty of hunting by a muhrim (one who is in a state of ihraam for Hajj or ‘umrah). Al-Shaafa'i said: if the muhrim catches an ostrich, then a sacrifice must be offered for that. (al-Umm, 2/210)

(c)               The permissibility of different parts of it. Ibn Hazam said: Whoever swears that he will not eat eggs does not break that vow unless he eats the egg of a chicken in particular; the vow is not broken by his eating the egg of an ostrich or any other bird, or fish eggs, because of that which we have mentioned. This is the view of Abu Haneefah, al-Shaafa'i and Abu Sulaymaan. (al-Muhalla, 6/327) 

Note: 

Al-Fayoomi said:

The word ostrich (na’aamah) applies to both male and female; the plural is na’aam.(al-Misbaah al-Muneer, p. 615) 

And Allaah knows best.

Ruling on trimming the beard because it looks scary

I have a question about the beard. I know that the beard should be left alone and not trimmed.  But there are some people who let their beards grow and they look scary. Our imam told us that this is not sunnah: to let the beard grow so long that the faces look scary. Some men only have gotee, hair on their on their upper lip and and chine and they are alims and imams. Can you please help me on this suject

Praise be to Allaah. 

The Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him) indicates that it is obligatory to let the beard grow and that it is haraam to shave it or cut it. It was narrated in al-Saheehayn that the Prophet (peace and blessings of Allaah be upon him) said: “Cut the moustache and let the beard grow; be different from the mushrikeen.” (al-Bukhaari, al-Libaas, 5442; Muslim, al-Tahaarah, 382) 

There are many ahaadeeth which say the same as this hadeeth, indicating that it is obligatory to leave the beard alone and let it grow and that it is haraam to shave it or cut it. Whoever claims that letting the beard grow is no more than a Sunnah for which a person may be rewarded and the one who does not do it will not be punished is going against the saheeh ahaadeeth. The report that says that the Prophet (peace and blessings of Allaah be upon him) used to trim the length and breadth of his beard is a false hadeeth. But it should be noted that Islam is the religion of beauty, as it was narrated in the hadeeth, “[A man said,] ‘What if a man likes his clothes and his shoes to look good?’ The Prophet (peace and blessings of Allaah be upon him) said, ‘Allaah is Beautiful and loves beauty.’” (Narrated by Muslim, al-Eemaan, 131). The Prophet (peace and blessings of Allaah be upon him) commanded [one of his companions] to change grey hair, when he said, “Change this grey hair, but avoid black.” (Narrated by Muslim, Kitaab al-Libaas wa’l-Zeenah, 2102). The Prophet (peace and blessings of Allaah be upon him) recommended combing hair, and said, “Whoever has hair, let him take care of it.” (Abu Dawood, Kitaab al-Tarajjul, 3632. Al-Albaani said in Saheeh Sunan Abi Dawood: it is hasan saheeh. Hadeeth no. 3509). Al-Haafiz Ibn Hajar said: “Ibn Battaal said: combing means tidying the hair of the head and beard, and oiling it.” This is the Sunnah of the Prophet (peace and blessings of Allaah be upon him), and he (peace and blessings of Allaah be upon him) said, “Whoever turns away from my Sunnah has nothing to do with me.” (Narrated by al-Bukhaari, al-Nikaah, 4675) 

It should be noted that the beauty referred to is shar’i or Islamic beauty (beauty as prescribed in Islam), and not the so-called beauty which appeals to sick minds which are enamoured of kaafir fashions and the appearance of corrupt people such as male and female actors and singers, or fashion models. Hence when some people were misled by those immoral western women who pluck or shave or draw their eyebrows, or make their nails long (like wild beasts), or have tattoos, and thought that this is beauty, many Muslim women imitated them in these things, even though they are forbidden by sharee’ah. The point is not what is fashionable in the east or the west, the point is the sharee’ah which advocates wearing perfume (for men), keeping clean, dressing nicely, combing the hair, changing grey hair, and other kinds of beautification which are prescribed in Islam. And Allaah is the Source of strength.

Does the ruling on driving a car vary from one country to another?

Throughout the Muslim world we find that there are differences between one country and another, in manner of dress, customs and traditions. For example we see that in some countries our sisters wear niqaab, because they follow the fatwa that says that niqaab is obligatory, but that is not widespread in another country, and the opinion that they follow there is that niqaab is not obligatory, rather it is mustahabb. Similarly with regard to women driving cars, in some countries the shaykhs have declared it to be haraam because of the harms that would result if it were allowed, whilst in other countries it is a very ordinary thing for a woman to drive a car, and they have been doing so for decades.
 To what extent is there flexibility in rulings? Is what is happening correct, I mean is it right that something may be obligatory in one country and mustahabb in another?.

Praise be to Allaah.  

The rulings of sharee’ah are of two types: 

1 – Those where the evidence of sharee’ah points to the ruling, regardless of various customs or what good or bad consequences may result. 

In this case the ruling is fixed and does not vary from one place to another or from one person to another, unless a person is forced to do something, is sick or is excused, in which case the ruling is waived as much as required by his situation according to what it says in sharee’ah.  

An example of such a fixed rule is the obligation to offer the five daily prayers, to fast Ramadaan, to enjoin what is good and forbid what is evil, to seek knowledge, etc. 

Another example is the obligation for the Muslim woman to cover her entire body, including the face and hands. This ruling is obligatory and does not vary from one place to another. 

We have already discussed this obligation in questions no. 21134 and 13647, where we quote the evidence for that. 

2 – Rulings which are based on specific reasons, or where the ruling as to whether a thing is forbidden, allowed or obligatory depends upon whatever good or bad consequences will result from that, and where there is no shar’i evidence to suggest a fixed ruling that does not vary. The issue of women driving cars may come under this heading. 

The scholars have issued fatwas stating that it is haraam because of the negative consequences that may result from it. 

This applies completely to the land of the two Holy Sanctuaries. With regard to other countries, the matter should be referred to trustworthy scholars for they know their countries’ situation best. 

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

People have spoken a great deal in the al-Jazeerah newspaper about the issue of women driving cars. It is well known that it leads to evil consequences which are well known to those who promote it, such as being alone with a non-mahram woman, unveiling, reckless mixing with men, and committing haraam actions because of which these things were forbidden. Islam forbids the things that lead to haraam and regards them as being haraam too.  

Allaah commanded the wives of the Prophet and the believing women to stay in their houses, to observe hijab and to avoid showing their adornments to non-mahrams because of the permissiveness that all these things lead to, which spells doom for society. Allaah says (interpretation of the meaning): 

“And stay in your houses, and do not display yourselves like that of the times of ignorance, and perform As-Salaah (Iqamat-as-Salaah), and give Zakaah and obey Allaah and His Messenger. Allaah wishes only to remove Ar-Rijs (evil deeds and sins) from you, O members of the family (of the Prophet), and to purify you with a thorough purification”

[al-Ahzaab 33:33] 

“O Prophet! Tell your wives and your daughters and the women of the believers to draw their cloaks (veils) all over their bodies (i.e. screen themselves completely except the eyes or one eye to see the way). That will be better, that they should be known (as free respectable women) so as not to be annoyed”

[al-Ahzaab 33:59] 

“And tell the believing women to lower their gaze (from looking at forbidden things), and protect their private parts (from illegal sexual acts) and not to show off their adornment except only that which is apparent (like both eyes for necessity to see the way, or outer palms of hands or one eye or dress like veil, gloves, headcover, apron), and to draw their veils all over Juyoobihinna (i.e. their bodies, faces, necks and bosoms) and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons, or their brothers or their brother’s sons, or their sister’s sons, or their (Muslim) women (i.e. their sisters in Islam), or the (female) slaves whom their right hands possess, or old male servants who lack vigour, or small children who have no sense of feminine sex. And let them not stamp their feet so as to reveal what they hide of their adornment. And all of you beg Allaah to forgive you all, O believers, that you may be successful”

[al-Noor 24:31] 

And the Prophet (peace and blessings of Allaah be upon him) said: “No man is alone with a (non-mahram) woman but the Shaytaan is the third one present.” 

Islam forbids all the things that may lead to immorality or accusations of immoral conduct made against chaste women, who never even think of anything touching their chastity, and it has stipulated a punishment for that which is one of the most severe of punishments, in order to protect society from the spread of the causes of immorality. 

Women driving is one of the means that lead to that, and this is something obvious, but ignorance of the rulings of sharee’ah and the negative consequences of carelessness with regard to the things that lead to evil – as well as diseases of the heart that prevail at present – and love of permissiveness and enjoying looking at non-mahram women all lead to indulging in this and similar things, with no knowledge and paying no attention to the dangers that it leads to. Allaah says (interpretation of the meaning): 

“Say (O Muhammad): (But) the things that my Lord has indeed forbidden are Al-Fawaahish (great evil sins and every kind of unlawful sexual intercourse) whether committed openly or secretly, sins (of all kinds), unrighteous oppression, joining partners (in worship) with Allaah for which He has given no authority, and saying things about Allaah of which you have no knowledge”

[al-A’raaf 7:33] 

“and follow not the footsteps of Shaytaan (Satan). Verily, he is to you an open enemy”

[al-Baqarah 2:168] 

And the Prophet (peace and blessings of Allaah be upon him) said: “I am not leaving behind me any fitnah more harmful to men than women.”  

It was narrated that Hudhayfah ibn al-Yamaan (may Allaah be pleased with him) said: “The people used to ask the Messenger of Allaah (peace and blessings of Allaah be upon him) about good things, but I used to ask him about bad things, fearing that I would live to see such things. I said, ‘O Messenger of Allaah, we were in a state of ignorance (jaahiliyyah) and evil, then Allaah sent us this good (i.e., Islam). Will there be any evil after this good?’ He said, ‘Yes.’ I said, ‘Will there by any good after that evil?’ He said, ‘Yes, but it will be tainted.’ I said, ‘How will it be tainted?’ He said, ‘(There will be) some people who will guide others in a way that is not according to my guidance. You will approve of some of their deeds and disapprove of others.’ I said, ‘Will there be any evil after that good?’ He said, ‘Yes, there will be people calling at the gates of Hell, and whoever responds to their call, they will throw them into it (the Fire).’ I said, ‘O Messenger of Allaah, describe them to us.’ He said, ‘They will be from among our people, speaking our language.’ I said, ‘What do you command me to do if I live to see such a thing?’ He said, ‘Adhere to the jamaa’ah (group, community) of the Muslims and their imaam (leader).’ I asked, ‘What if there is no jamaa’ah and no leader?’ He said, ‘Then keep away from all those groups, even if you have to bite (eat) the roots of a tree until death overtakes you whilst you are in that state.’” Agreed upon. 

I call upon every Muslim to fear Allaah in all that he says and does and to beware of fitnah and those who promote it. He should keep away from all that angers Allaah or leads to His wrath, and he should be extremely cautious lest he be one of these callers to Hell of whom the Prophet (peace and blessings of Allaah be upon him) tells us in this hadeeth. 

May Allaah protect us from the evil of fitnah and its people, and protect this ummah from the evil of those who promote bad things. May He help the writers of our newspapers and all the Muslims to do that which pleases Him and may He set the Muslims straight and save them in this world and in the Hereafter, for He is Able to do that. 

Majmoo’ Fataawa al-Shaykh Ibn Baaz, 3/351-353. 

Shaykh Ibn ‘Uthaymeen was asked: I hope you can explain the ruling on women driving cars. And what is your opinion on the idea that women driving cars is less dangerous than their riding with non-mahram drivers? 

The answer to this question is based on two principles which are well known among the Muslim scholars: 

The first principle is: that whatever leads to haraam is itself haraam. The evidence for this is the verse in which Allaah says (interpretation of the meaning): 

“And insult not those whom they (disbelievers) worship besides Allaah, lest they insult Allaah wrongfully without knowledge”

[al-An’aam 6:108] 

So Allaah forbids insulting the gods of the mushrikeen – even though that serves an interest – because it leads to insults against Allaah. 

The second principle is: that warding off evil – if it is equal to or greater than the interests concerned – takes precedence over bringing benefits. The evidence for that is the verse in which Allaah says (interpretation of the meaning): 

“They ask you (O Muhammad) concerning alcoholic drink and gambling. Say: In them is a great sin, and (some) benefits for men, but the sin of them is greater than their benefit”

[al-Baqarah 2:219] 

Allaah has forbidden alcohol and gambling even though there is some benefit in them, so as to ward off the evils that result from them.  

Based on these two principles, the ruling on women driving should be clear, because women driving includes a number of evils, including the following: 

1 – Removal of hijab, because driving a car involves uncovering the face which is the site of fitnah and attracts the glance of men. A woman is only regarded as beautiful or ugly on the basis of her face, i.e., if it is said that she is beautiful or ugly, people only think in terms of her face. If something else is meant it must be specified, so that one would say that she has beautiful hands or beautiful hair or beautiful feet. Hence it is known that the face is the focal point. If someone were to say that a woman can drive a car without taking off her hijab, by covering her face and wearing dark glasses over her eyes, the answer to that is that this is not what really happens when women drive cars. Ask those who have seen them in other countries. Even if we assume that this could be applied initially, it would not last for long, rather the situation would soon become as it is in other countries where women drive. This is how things usually develop; they start out in an acceptable fashion then they get worse.

2 – Another evil consequence of women driving cars is that they lose their modesty, and modesty is part of faith as is narrated in a saheeh report from the Prophet (peace and blessings of Allaah be upon him). Modesty is the noble characteristic that befits the nature of women and protects them from being exposed to fitnah. Hence it is mentioned in a metaphorical sense (in Arabic), in the phrase “more modest than a virgin in her seclusion.” Once a woman’s modesty is lost, do not ask about her. 

3 – It also leads to women going out of the house a great deal, but their homes are better for them – as the Prophet (peace and blessings of Allaah be upon him) said – because those who love to drive enjoy it very much, hence you see them driving around in their cars here and there for no purpose, except to enjoy driving.  

4 – You may find a divorced woman going where she wants, whenever she wants and however she wants, for whatever purpose she wants, because she is alone in her car, at any time she wants of the day or night. She may stay out until late at night. If people are complaining about this with regard to young men, then what about young women, going all over the place the length and breadth of the country, and maybe even beyond its borders. 

5 – It is a means of women rebelling against their families and husbands; at the least provocation they may go out of the house and drive in the car to wherever they think they can get some peace, as happens in the case of some young men, who are able to put up with more than women.  

6 – It is a cause of fitnah in many places: when stopping at the traffic lights, or at gas stations, or at inspection points, or when stopped by policemen at the scenes of traffic infractions or accidents, or if the car stalls and the woman needs help. What will her situation be in this case? Perhaps she may come across an immoral man who takes advantage of her in return for helping her, especially if her need is great to the point of urgency. 

7 – When women drive it leads to overcrowding in the streets, or it deprives some young men of the opportunity to drive cars when they are more deserving of that. 

8 – It causes fitnah to flourish because women – by their nature – like to make themselves look good with clothing etc. Do you not see how attached they are to fashion? Every time a new fashion appears they throw away what they have and rush to buy the new things, even if it is worse than what they have. Do you not see the adornments that they hang on their walls? In the same way – or perhaps more so – with the cars that they drive, whenever a new model appears they will give up the first for the new one. 

With regard to the questioner asking, “And what is your opinion on the idea that women driving cars is less dangerous than their riding with non-mahram drivers?” – what I think is that both of them involve danger, and one is more serious than the other in some ways, but there is no necessity that would require one to do either of them. 

Please note that I have answered this question at length because of the controversy that surrounds the issue of women driving cars, and the pressure faced by conservative Saudi society, which is striving to adhere to its religious commitment and morals, to allow women to drive cars. 

This would be nothing strange if it were to come from an enemy who seeks to cause harm this land which is the last bastion of Islam that the enemies of Islam wish to penetrate. But what is even stranger is that this is coming from our own people who speak our language and live under our banner, people who are dazzled by what the kaafir nations have of material advancement and admire their ways which are devoid of any moral restrictions. 

End quote from Shaykh Ibn ‘Uthaymeen. 

With regard to countries in which woman are allowed to drive cars, Muslim women should avoid that as much as possible, for the reasons mentioned above. 

In cases of necessity, such as helping accident victims or fleeing from a criminal, there is nothing wrong with a Muslim woman using a car in such situations, if she cannot find a man to help her. 

There are other cases, such as women who have to go out to work and have no husband, father or guardian to look after them and no income from the government to meet their needs, and they cannot find work that they can do at home, such as some internet-based jobs, so they are forced to go out. In that case they can use the means of transportation that poses the least danger to them. 

There may be some means of transportation that are available only to women, or a group of women may hire a driver to take them to work or university. Using taxis– for those who can afford it – may be better than using public transportation where a woman may be exposed to humiliation and aggression, so they should use taxis, so long as they are not alone with the driver. 

If a woman is forced to drive a car in cases of extreme need, then she should drive wearing full jilbaab and hijab, and with fear of Allaah. 

We have already mentioned above what constitutes need. 

Women should also seek fatwas from the trustworthy scholars in their own countries – not those who are too lenient – who understand both sharee’ah and the situation in that country. 

And Allaah says (interpretation of the meaning): 

“So keep your duty to Allaah and fear Him as much as you can”

[al-Taghaabun 64:16] 

We ask Allaah to keep us safe and sound. May Allaah send blessings and peace upon our Prophet Muhammad and upon his family and companions.

Prohibition on keeping dogs except those exempted by sharee’ah

What is the ruling on raising dogs in the house?.

Praise be to Allaah.

Firstly: 

It is not permissible for a Muslim to keep a dog, unless he needs this dog for hunting, guarding livestock or guarding crops.  

Al-Bukhaari (2145) narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever keeps a dog, a qiraat from his good deeds will be deducted every day, except a dog for farming or herding livestock.” 

Muslim (2978) narrated from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever keeps a dog that is not a dog for hunting, herding livestock or farming, two qiraats will be deducted from his reward each day.” 

Muslim (2943) narrated from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever keeps a dog, except a dog for herding livestock or a dog for hunting, a qiraat will be deducted from his good deeds each day.” ‘Abd-Allaah said: Abu Hurayrah said: Or a dog for farming. 

Ibn ‘Abd al-Barr said: This hadeeth shows that it is permissible to keep a dog for hunting and herding livestock, and also for farming. 

Ibn Maajah (3640) narrated from ‘Ali ibn Abi Taalib (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “The angels do not enter a house in which there is a dog or an image.” Classed as saheeh by al-Albaani in Saheeh Ibn Maajah. 

These ahaadeeth indicate that it is haraam to keep a dog, except for those which were exempted by the Messenger (peace and blessings of Allaah be upon him).

 The scholars differed as to how to reconcile between the reports which speak of one qiraat being deducted and those which speak of two qiraats being deducted. 

It was said that two qiraats will be deducted if the dog is more harmful and one qiraat will be deducted if it is less so. 

And it was said that that at first the Prophet (peace and blessings of Allaah be upon him) said that one qiraat would be deducted, then the punishment was increased after that, so he said that two qiraats would be deducted in order to put people off from keeping dogs even more. 

The qiraat is an amount that is known to Allaah, may He be exalted, and what is meant is that some of the reward for a person’s good deeds will be deducted. 

See Sharh Muslim by al-Nawawi, 10/342; Fath al-Baari, 5/9 

Shaykh Ibn ‘Uthaymeen said in Sharh Riyaadh al-Saaliheen, 4/241: 

With regard to keeping dogs, this is haraam and is in fact a major sin, because the one who keeps a dog, except those for which an exception has been made, will have two qiraats deducted from his reward every day. 

It is by the wisdom of Allaah that like calls to like and evil calls to evil. It is said that the kaafirs, Jews, Christians and communists in the east and the west all keep dogs, Allaah forbid. Each one takes his dog with him and cleans it every day with soap and other cleansing agents. But even if he were to clean it with the water of all the seas in the world and all the soap in the world, it would never become pure! Because its impurity is inherent, and inherent impurity cannot be cleansed except by destroying it and erasing it altogether. 

But this is by the wisdom of Allaah, and the wisdom of Allaah is that like calls to like and evil calls to Shaytaan because this kufr of theirs is by the inspiration of the Shaytaan and the command of the Shaytaan, for the Shaytaan enjoins evil, immorality, kufr and misguidance. So they are slaves to the Shaytaan and to their whims and desires, and they are also evil and love vile things. We ask Allaah to guide us and them. End quote.

 Secondly: 

Is it permissible to keep dogs to guard houses? 

Answer: 

The Prophet (peace and blessings of Allaah be upon him) made only three exceptions to the prohibition on keeping dogs: hunting, guarding livestock and guarding crops. 

Some scholars are of the view that it is not permissible to keep a dog for any reason other than these three. Others are of the view that it is permissible to draw analogies between these three and similar or more likely cases, such as guarding houses, because if it is permissible to keep dogs to guard livestock and crops, it is more appropriate that it should be permissible to keep dogs to guard houses. 

Al-Nawawi said in Sharh Muslim (10/340): 

Is it permissible to keep a dog to guard houses, alleys and the like? There are two points of view. The first is that it is not permissible, because of the apparent meaning of the ahaadeeth, which clearly state that keeping dogs is forbidden except for farming, hunting and herding. The more correct view is that it is permissible, by analogy with those three cases, knowing that the reason that is understood from the ahaadeeth is necessity. End quote. 

The view that was classed as saheeh by al-Nawawi (may Allaah have mercy on him), that keeping a dog to guard the house is permissible, was also classed as saheeh by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) in Sharh Saheeh Muslim. He said: 

The correct view is that it is permissible to keep a dog to guard the house, because if it is permissible to keep a dog in order to benefit from it, as in the case of hunting, it is more appropriate that one be allowed to keep a dog in order to ward off harm and protect oneself.

 End quote.

Doubts about the obligation to let the beard grow and answers to them

A number of Muslim scholars have issued fatwas stating that letting the beard grow is obligatory for every Muslim, and that the reason for that is so that they will not resemble the kuffaar, as is narrated from the Prophet (peace and blessings of Allaah be upon him) in more than one hadeeth. 
But everyone can see on television that many of the Jews let their beards grow, so doesn’t that contradict the reason for letting the beard grow, and may alter the ruling and make it Sunnah only? 
Similarly, wasn’t the command to be different from the kuffaar by letting the beard grow due to the Muslims mixing with them at the time of the Islamic conquests, so the Messenger (peace and blessings of Allaah be upon him) wanted to make us distinct from them. This no longer applies because Islam has prevailed over the Arab lands, praise be to Allaah. Does this also make it only Sunnah?.

Praise be to Allaah.

Firstly: 

We have quoted the evidence that it is haraam to shave the beard in the answer to question no. 1189. 

Secondly: 

With regard to the view that the reason for it being obligatory to let the beard grow was in order to be different from the mushrikeen, and that this reason no longer applies and so it is not obligatory to let the beard grow – the answer to this is as follows: 

1-    The view that the reason no longer applies is the view of one who ignores reality, because it may be said: who are the majority among the mushrikeen – those who shave their beards or those who let them grow? Undoubtedly the majority are those who shave their beards .

2-    Moreover, being different from the mushrikeen is not the only reason, so we cannot say that the ruling no longer applies because the reason for it is no longer there, because there are other reasons, such as the fact that shaving the beard is an imitation of women, and changing the creation of Allaah, and that letting the beard grow is one of the sunnahs of the fitrah and is the way of the Messengers. 

Even if we assume that “being different from the mushrikeen” no longer applies as a reason, the shar’i ruling remains in effect because of the other reasons. 

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked about what some people say about the reason for letting the beard grow being to be different from the Magians and Christians as it says in the hadeeth, and that this is a reason that no longer applies nowadays, because they let their beards grow. 

He replied: 

We may answer this in several ways: 

1-    Letting the beard grow is not only for the sake of being different, rather it is also part of the fitrah as is proven in Saheeh Muslim, as letting the beard grow is part of the fitrah with which Allaah has created mankind, so that they regard as beautiful that which is in accordance with it and regard as ugly that which goes against it.  

2-    The Jews, Christians and Magians nowadays do not all let their beards grow, and not even a quarter of them do that, rather the majority of them shave their beards as is quite obvious. 

3-    If a ruling is established in sharee’ah for a reason that no longer applies, and this ruling is in accordance with the fitrah or is one of the symbols of Islam, then it remains even if the reason no longer applies. Do you not see that raml (walking at a fast pace) in tawaaf was originally intended so that the Prophet (peace and blessings of Allaah be upon him) and his companions could demonstrate physical strength in front of the mushrikeen who said: There have come to you people who have been weakened by the fever of Yathrib. This reason no longer applies, but the ruling remains in effect, because the Prophet (peace and blessings of Allaah be upon him) did raml in the Farewell Pilgrimage.   

To conclude: What is required of the believer, if Allaah and His Messenger have enjoined something, is to say: We hear and obey, as Allaah says (interpretation of the meaning): 

“The only saying of the faithful believers, when they are called to Allaah (His Words, the Qur’aan) and His Messenger (peace and blessings of Allaah be upon him), to judge between them, is that they say: ‘We hear and we obey.’ And such are the successful (who will live forever in Paradise)”

[al-Noor 24:51] 

And they should not be like those who say: We hear and disobey, or who give false reasons and baseless excuses. This is the situation of one who does not submit truly to the command of Allaah and His Messenger. Allaah says (interpretation of the meaning): 

“It is not for a believer, man or woman, when Allaah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allaah and His Messenger, he has indeed strayed into a plain error”

[al-Ahzaab 33:36] 

“But no, by your Lord, they can have no Faith, until they make you (O Muhammad (peace and blessings of Allaah be upon him) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission”

[al-Nisa’ 4:65] 

I do not know how the one who says such things will be able to face his Lord on the Day of Resurrection. We must hear and obey and heed the command of Allaah and His Messenger in all cases. End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen (11/129-130). 

And he also said (may Allaah have mercy on him): Letting the beard grow is the way of the Messengers. Allaah says of Haroon that he said to his brother Moosa (interpretation of the meaning): 

“O son of my mother! Seize (me) not by my beard, nor by my head! Verily, I feared lest you should say: ‘You have caused a division among the Children of Israel, and you have not respected my word!’”

[Ta-Ha 20:94] 

The last and best of the Messengers, Muhammad (peace and blessings of Allaah be upon him), let his beard grow, as did the caliphs who came after him, and his companions and the leaders and common folk of the Muslims in all but the most recent period, when many of them have gone against the way of their Prophet (peace and blessings of Allaah be upon him) and their righteous predecessors (may Allaah be pleased with them). But this is the way of the Prophets and Messengers and their followers, and it is part of the fitrah with which Allaah created people, as is proven in Saheeh Muslim. Hence the correct view is that it is haraam to shave it, as was the view favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him), because of the command of the Prophet (peace and blessings of Allaah be upon him) to let it grow. 

As for saying that the reason for letting it grow is to be different from the Jews and that this no longer applies, this is not acceptable, because the reason is not only to be different from the Jews. 

Rather what is proven in al-Saheehayn is: “Be different from the mushrikeen” and in Saheeh Muslim it also says: “Be different from the Magians.” Moreover, being different from these people is not the only reason, rather there is another, greater reason, namely following the guidance of the Messengers (peace and blessings be upon them) by keeping the beard. 

And the obligation to follow the fitrah. 

And not changing the creation of Allaah in ways that Allaah has not permitted. 

All of these are reasons why it is obligatory to keep the beard and let it grow, as well as being different from the enemies of Allaah, such as the mushrikeen, Magians and Jews. 

Moreover, the claim that the reason for letting the beard grow no longer applies is not true, because most of the enemies of Allaah today among the Jews and others shave their beards, as is well known to anyone who has any knowledge of other nations and their actions. Even if we assume that most of them today let their beards grow, this does not alter the fact that it is prescribed in Islam to let the beard grow, because the fact that the enemies of Islam imitate something that is prescribed for the Muslims does not mean that it is no longer prescribed. Rather we should adhere more closely to it because they are imitating us and following us, and they are regarding it as something good and returning to the fitrah. End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen (16/46-47). 

And Allaah knows best.

Monday, 20 February 2012

If it is mustahab to recite(from memory) with wudhu then would it be makrooh to do so with out wudhu?.

Praise be to Allaah.

There is nothing wrong with reciting Qur’aan in a state of minor impurity (without wudoo’), and some of the scholars have stated that there is consensus on its permissibility. There are saheeh hadeeths concerning this matter which demonstrate that it is not necessary to do wudoo’ if one wants to recite Qur’aan and is in a state of minor impurity. Rather the difference of scholarly opinion has to do with touching the Qur’aan and whether one who is in a state of major impurity (janaabah) can recite it; the majority of scholars are of the view that both of these matters are not allowed. 

It was narrated from ‘Abd-Allaah ibn ‘Abbaas (may Allah be pleased with him) that that he stayed one night with Maymoonah, the Mother of the Believers, who was his maternal aunt. I lay down across the width of the mattress and the Messenger of Allaah (blessings and peace of Allah be upon him) and his wife lay along its length. The Messenger of Allaah (blessings and peace of Allah be upon him) slept until halfway through the night, or just before or after that. The Messenger of Allaah (blessings and peace of Allah be upon him) woke up and started wiping the sleep from his face with his hand. Then he recited the last ten verses of Soorat Aal ‘Imraan, then he got up and went to a waterskin that was hanging there, and did wudoo’ from it and did it well, then he stood and prayed. 

Narrated by al-Bukhaari, 4295; Muslim, 763 

Imam al-Bukhaari included this hadeeth in a chapter entitled: Chapter on Reciting Qur’aan after Minor Impurity and otherwise. 

Ibn ‘Abd al-Barr (may Allah have mercy on him) said: 

This indicates that Qur’aan may be recited without wudoo’, because he slept for a long time, so there is no question that he woke up without wudoo’; then he woke up and recited Qur’aan before he did wudoo’, then he did wudoo’ after that and prayed.

End quote from al-Tamheed lima fi al-Muwatta’ min al-Ma‘aani wal Asaaneed, 13/207 

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

This indicates that it is permissible for one who is in a state of minor impurity to recite Qur’aan; this is the consensus of the Muslims. 

End quote from Sharh Muslim, 6/46 

And Allah knows best.

After he relieves himself he feels that some drops are coming out of hime

When he urinates and the urine stops a little, he washes the place of urination, but when he moves and stands up, he feels that some drops came out of him. For this reason he sits in the washroom for a long time. He says: What should I do? Should I ignore this feeling and this doubt and complete my wudoo’? Or should I wait until the urine ceases completely? Please advise me, may Allah reward you.

Praise be to Allaah.

This may be happening as the result of waswaas and may be something imaginary, which is from the Shaytaan. Or it may really happen to some people. If it is really happening, he should not rush until the urine has stopped, then he should wash his private part with water and that is the end of the matter. If he is worried that something may happen after that, he should sprinkle the parts of his clothes that are around the private part with water, then ignore anything that he may imagine after doing wudoo’, because this may help him to get rid of this waswaas. 

But if it is just his imagination or waswaas, and is not real, then he should not pay any attention to it. The believer should not pay attention to such things, because this makes the Shaytaan do it more. The Shaytaan is keen to spoil the good deeds of the son of Adam, such as prayer and so on. So it is essential to be aware of his tricks and whispers, and to rely on Allah and put one's trust in Him, and assume that what doubts he develops are from the Shaytaan, so that he will not take any attention to that with regard to his wudoo’ and then his prayer. He should not pay attention to any of these imaginary things. Then if something really does come out of him, without a doubt, he should clean himself again and repeat his wudoo’. 

But as for merely thinking it happened, he should not pay any attention to it; even if he thinks it is 90% possible that something has come out of him, he should not pay any attention to it, because this is something that will make the Shaytaan do it to him again. So as long as he is not certain, he should carry on and pray and do wudoo’. Hence when the Prophet (blessings and peace of Allah be upon him) was asked: O Messenger of Allah, a man thinks that something came out of him whilst he was praying, he said: “He should not stop [praying] unless he hears a sound or notices a smell.” So the Prophet (blessings and peace of Allah be upon him) told them that he should not stop his prayer because of something he imagines, unless he hears a sound or notices a smell. So similarly, when a person has finished doing wudoo’, then he feels something, he should not go and do wudoo’ again; rather he should continue with his wudoo and prayer and other actions until he is 100% certain that something has come out. Otherwise, the basic principle is that nothing has come out of him and that this is waswaas and a trick of the Shaytaan, with which he tries to exhaust the believer and distract him by means of these things. We ask Allah to keep us safe and sound.

End quote. 

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

Is it permissible to wear something made from snakeskin?

Is wearing snakeskin permissible?

Praise be to Allaah.

Animals are of two types: those whose meat may be eaten and those whoseeat may not be eaten. 

With regard to animals whose meat may be eaten if they are slaughtered in the shar‘i manner, their skins are taahir (pure) according to scholarly consensus, even if they are not tanned. 

With regard to animals whose meat may not be eaten, they are divided into two categories: those which are najis (impure) when alive, and those which are taahir. 

Those that are najis in and of themselves are pigs, according to consensus, and dogs according to the Shaafa‘is and Hanbalis, so slaughtering them (in the shar‘i manner) does not make their skins taahir. 

With regard to those that are not najis in and of themselves although their meat may not be eaten, the fuqaha’ differed as to whether their skins become taahir if they are slaughtered (in the shar‘i manner). The Shaafa‘is and Hanbalis are of the view that they do not become taahir through slaughter. The evidence quoted by these scholars is that the Messenger of Allah (blessings and peace of Allah be upon him) forbade sitting on the skins of wild animals and riding on tiger skins. This is general in meaning and applies to that which is slaughtered (in the shar‘i manner) and that which is not. Because slaughtering it (in the shar‘i manner) does not make the meat taahir, it does not make the skin taahir either. 

The Hanafis and Maalikis are of the view that the skins become pure if the animal is slaughtered in the shar‘i manner. They quoted as evidence the words of the Messenger of Allah (blessings and peace of Allah be upon him): “The tanning of leather is its slaughter.” And because slaughter (in the shar‘i manner) has the same effect as tanning in removing moist impurities. With regard to the prohibition on sitting on the skins of wild animals and riding on tiger skins, that is because these things are used by people who show off, or because they used to use them without tanning them.

Al-Mawsoo‘ah al-Fiqhiyyah, 7/95-96 

The more correct view is that the skins of animals whose meat cannot be eaten is not taahir, whether it is tanned or not, because najis skins cannot be purified by means of tanning. 

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

Animal skins are of three types: 

1.     Those that are taahir, whether they are tanned or not. This includes the skins of animals that are slaughtered (in the shar‘i manner) if they may be eaten.

2.     Skins that are not taahir whether after tanning or before tanning. They are najis. This is the skins of animals whose meat may not be eaten, such as pigs.

3.     Skins that become taahir after tanning and are not taahir before that. These are the skins of animals whose meat may be eaten, if they died without being slaughtered (in the shar‘i manner). End quote. 

Liqa’ al-Baab al-Maftooh, 52/39 

See also the answer to questions no. 1695 and 144270 

Secondly: 

The majority of scholars are of the view that it is haraam to eat snakes. 

An-Nawawi (may Allah have mercy on him) said in al-Majmoo‘, 9/16-17: 

The opinions of the scholars concerning the vermin of the earth such as snakes, scorpions, dung beetles, cockroaches, mice and so on is that they are haraam. This is the view of Abu Haneefah, Ahmad and Dawood. Maalik said: they are halaal. End quote. 

It says in al-Mawsoo‘ah al-Fiqhiyyah (11/233): 

The Hanafis, Shaafa‘is and Hanbalis say that snake meat is haraam. End quote. 

See also the answer to question no. 138842. 

Based on the above: 

The skins of snakes are not taahir, even if they are tanned, because they are animals whose meat may not be eaten. So it is not permissible to wear anything made of their skin, whether it is shoes, khufoof (leather slippers) or anything else. 

And Allah, may He be exalted, knows best.

Ruling on urine of a nursing infant who is fed artificial milk

If an infant is fed with artificial milk in the first two years, is he regarded as having been weaned, and does that change the ruling on his najaasah?.

Praise be to Allaah.

With regard to the ruling on his urine in the first two years changing in the case of his being fed with milk other than that of his mother, that is a matter concerning which there are differences of opinion. The most likely to be correct - and Allah knows best - is that he is like the one who is breastfed by his mother, and it cannot be said that he is being given solid food. If he is being given artificial milk in place of his mother’s milk, the most correct view - and Allah knows best - is that it is sufficient to sprinkle water over his urine, like the one who is being nourished by his mother’s milk. This is what is most likely to be the correct view. And Allah knows best. End quote. 

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

Fataawa Noor ‘ala al-Darb (2/660).



 
 

Is there a du‘aa’ to be said when doing ghusl?

Is there a du‘aa’ to be said when doing ghusl?.

Praise be to Allaah.

There is no specific du‘aa’ for ghusl that is narrated in the Sunnah, but the majority of fuqaha’ regarded it as mustahabb to say Bismillah when beginning ghusl, as is also the case with regard to wudoo’, although there is no specific evidence for that with regard to ghusl. 

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

It should be noted that the ruling on saying Bismillah when doing ghusl, as is done when doing wudoo’, is a matter concerning which there is a difference of opinion. End quote from al-Insaaf (1/188). 

It has previously been explained that the more correct opinion is that it is mustahabb to say Bismillah when doing wudoo’ and ghusl. See the answer to question no. 83172.

Thursday, 16 February 2012

No zakaah is due on rental cars and delivery trucks

Is there any zakaah on rental cars and vehicles that companies own for moving products?.

Praise be to Allaah.

There is no zakaah on rental cars or delivery trucks, rather zakaah is due on the rental income if they reach the nisaab and one year has passed. 

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: Is there any zakaah on commercial trucks that go and bring grain etc, or camels that are used for the same purpose? 

He replied: There is no zakaah on trucks and camels that are used to move grains, goods and other things, because they are not prepared for sale, rather they are prepared to be used to move things. But if the trucks – or other things such as camels, donkeys, mules or other animals that it is permitted to sell – are prepared for sale, then zakaah becomes due on them, because in that case they have become trade goods and zakaah is due on them, because of the report narrated by Abu Dawood and others from Samurah ibn Jundub who said: The Prophet (peace and blessings of Allaah be upon him) used to enjoin us to give zakaah on that which we had prepared for sale. This is the view of the majority of scholars. Imam Abu Bakr ibn al-Mundhir (may Allaah have mercy on him) narrated that there was consensus among the scholars on this point. End quote. 

Majmoo’ Fataawa Ibn Baaz, 14/181 

The scholars of the Standing Committee were asked: How should we pay zakaah on delivery trucks and rental cars? Should it be based on their value or on the earnings? 

They replied: So long as these vehicles are prepared for rental, then zakaah is due on the earnings when one year has passed, not on their value. End quote. 

Majmoo’ Fataawa al-Lajnah al-Daa’imah, 9/349.

Is zakaah due on manufacturing equipment?

Is manufacturing equipment subject to zakaah, knowing that its value may be very high?.

Praise be to Allaah.

Company buildings, heavy and light machinery and vehicles that are used to transport goods or company workers are not subject to zakaah.  

The early scholars stated that the tools of craftsmen such as carpenters, builders, blacksmiths and the like are not subject to zakaah. Al-Kasaani said in Badaa’i’ al-Sanaa’i’ (3/398): As for the tools of the craftsman and the buckets and containers, they are not trade goods, because they are not usually sold with the goods. End quote. 

In Kashshaaf al-Qinaa’ (168/2) it says: There is no zakaah on craftsmen’s tools, containers used for displaying goods or the jars and bottles used for perfume and groceries, or for oil and honey, unless they are intended for sale, i.e., the bottles and their contents, in which case zakaah should be paid on both because they are goods for trade. The same applies to the equipment used for tending animals. If they are to be kept then there is no zakaah on them, because they are tools of the trade, but if they are to be sold with the animal then they are trade goods and zakaah should be paid on them. End quote. 

The fact that these machines may be huge and produce a great deal does not alter the shar’i ruling at all, rather the basic principle still applies and the ruling remains as it is. The fact that cars and planes can cover huge distances does not affect the rulings on concessions granted to travellers. Similarly, changes in tools used for manufacturing do not affect the rulings at all. Stated by Shaykh ‘Abd-Allaah al-Bassaam. Majallat al-Majma’ al-Fiqhi, 4/1/722 

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about modern enterprises that have appeared nowadays, such as enterprises for animal production, milk production, agricultural production, and large real estate projects such as high-rise buildings. Is there any zakaah on these things, and how should the zakaah be paid? 

He replied: if these projects and enterprises are set up for the purpose of buying and selling, with the aim of making a profit, then the owner must pay zakaah on them every time one year passes, if these things are prepared for sale, whether they are buildings, land, shops, animals on his farm, and so on. He should pay zakaah when one year has passed, based on their value. But equipment that is not for sale is not subject to zakaah, and the land on which the farm is located is not subject to zakaah if it is not prepared for sale, rather it is the place where the owner raises the animals for sale or it is cultivated by him and so on. So the zakaah is on the produce, but the land itself which is prepared for cultivation or where he raises animals is not subject to zakaah. The same applies to carpenters and blacksmiths – there is no zakaah on the tools that they have for use such as hammers and and all other tools. Rather zakaah is due on wealth that is prepared for sale and tools that are prepared for sale – as stated above – when one year has passed he should pay zakaah according to their value. Zakaah should also be paid on vehicles that are prepared for sale and land that is prepared for sale.”  

Majmoo’ Fataawa Ibn Baaz, 14/184 

The scholars of the Standing Committee were asked: In our institute there is equipment that is used for the work of the institute, such as vehicles, compressors and mixers. Is zakaah due on them or not? 

They replied: 

Zakaah is due on the rental fees paid if they are rented out, after one year has passed, if that reaches the nisaab. If the owner of the institute enters into contracts and uses these machines to fulfil the contracts, then the zakaah should be paid from the profits earned from these contracts, after one year has passed, but no zakaah is due on the machines themselves or on their value, because they have not been prepared for sale, rather they have been prepared for use. End quote. 

Fataawa al-Lajnah al-Daa’imah, 9/345 

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

No zakaah is required of a man for what he keeps of vessels, furniture, tools, cars, property etc, even if he has prepared them for renting out. If a person owns many properties that are worth millions, but he does not deal in them by buying or selling, rather he prepares them for using or renting, then no zakaah is due on these properties, even if they are many. Rather zakaah is due on what he earns from them in rental payments or income; zakaah must be paid on rental income when one year has passed since the beginning of the contract. If one year has not yet passed, then no zakaah is due, because in principle there is no obligation (with regard to these matters) unless there is evidence. Rather the evidence indicates that zakaah is not required on them, because the Prophet (peace and blessings of Allaah be upon him) said: “The Muslim does not have to pay zakaah on his slave or his horse.” This indicates that “non-zakaatable” wealth that a person keeps for himself is not subject to zakaah, and wealth that a person prepares to provide an income for himself, such as real estate etc, is undoubtedly something that a person wants for himself and not for others, because he is not selling it, rather he is keeping it for income. End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen, 18/254.

Is zakaah due on bonuses?

The company for which I work gives fifteen days’ wages as a bonus at the end of every year of service, but this bonus comes at the end of the period of service. If I take this bonus after the end of the period of service, is zakaah due on it or not?.

Praise be to Allaah.

If the situation is as described, then no zakaah is due on that bonus until you receive it, and one year has passed from the time of receiving it. End quote.

Is zakaah due on business premises?

In 1996 I bought a shop for my brother to work in, but the shop has remained closed until now; my brother has not worked in it and I have not benefited from it. It did not enter my mind that zakaah may be due on it until recently. The price of the shop when I bought it was 400,000, then the price dropped to 300,000 in the year 2000. Now the price is between 700,000 and 800,000. In the coming year, in sha Allaah, I will try to open the shop so that someone can work in it and benefit from it.
 I hope that you can advise us as to whether zakaah is due on it or not. What can I do if I do not have enough money to pay zakaah?.

Praise be to Allaah.

The Muslim does not have to pay zakaah on his car, house or shop, even if the value of these things is great. Rather zakaah is due on things that are bought and sold for the purpose of trade and profit, which are called “trade goods”. If a person has any property or real estate – land, houses or shops – which he has acquired for the purpose of trade, buying and selling, then he should work out their value at the time when zakaah becomes due and pay one-quarter of one-tenth. But if a person has acquired that property to live in, or to farm it, or to rent it out or to buy and sell in it, then no zakaah is due on it. 

The scholars of the Standing Committee said: 

Wealth that people own is of various types. With regard to money, zakaah is due on it if it reaches the minimum threshold (nisaab) and one hijri year has passed. In the case of agricultural land, zakaah is due on the grains and crops on the day of the harvest, not on the land itself. In the case of land or buildings that are rented out, zakaah is due on the rent when one year has passed, not on the land or building itself. If the land, building or other goods are for trade, then zakaah is due on them when one year has passed, and you should pay zakaah on the profit when one year has passed for the capital, if the capital has reached the nisaab. End quote. 

Fataawa al-Lajnah al-Daa’imah, 9/331 

Based on this, you do not have to pay zakaah on this shop. 

And Allaah knows best.

Zakaah on monthly salaries and how is zakaah to be paid by one who is in debt?

I keep my money in the bank, as my monthly salary is deposited directly by my work, and I withdraw it to pay my expenses. I do not know the amount for which one year has passed, so that I can pay zakaah on it. I decided on the first on Ramadaan as the day for paying zakaah, by working out how much is in my bank account, even if the last payment of my monthly salary was deposited a few days before Ramadaan. 
I have two questions: 
1 – Is what I am doing to work out my zakaah valid? 
2 – I recently took a loan from my work to buy a house and I will be paying it off in monthly installments deducted from my salary during the coming year. Should I subtract the outstanding loan from the calculation for zakaah, knowing that I have savings in my bank account? For example, if I have savings of one hundred thousand riyals in the bank when Ramadaan comes, and the outstanding loan that I owe is seventy thousand riyals, what is the correct calculation?.

Praise be to Allaah.

Firstly: 

It is not permissible to put money in riba-based banks unless that is essential in order to protect it, so long as that is without interest. See the answers to questions no. 23346, 22392 and 49677. 

Secondly: 

If one full year has passed since you acquired the nisaab (minimum threshold) then zakaah must be paid immediately, and it is not permissible to delay it beyond that when one is able to pay. A person does not have the choice of selecting a particular month for paying zakaah on his wealth, rather that month should be after one year has passed, unless he is paying it in advance in Ramadaan, before the year has passed, in which case there is nothing wrong with it. But after the year has passed, it is not permissible to delay it until Ramadaan. 

See the answer to question no. 26716 and 8400. 

Thirdly: 

If you pay zakaah on all your wealth, even your monthly salary, this is safer and is the easiest way of paying zakaah on what you have saved of your salary. 

See the answer to question no. 26113 and 50801. 

Fourthly: 

We have already explained that riba (usury) is haraam, and it is haraam with regard to building and buying houses. If that loan is riba-based, then you must hasten to repent and get rid of it, seeking that which is with Allaah and fearing His punishment. 

See the answer to question no. 45951, 21914, 22905 

Fifthly: 

With regard to the zakaah of one who is in debt, the correct scholarly view is that the debt cannot be subtracted from the wealth on which zakaah is due. In the example which you mention, you have to pay zakaah on the full one hundred thousand, and you cannot subtract from it the debt that you owe. 

See the answer to question no. 65763, 22449 and 22426. 

And Allaah knows best.

 

Learn Holy Quran because it will be a proof for us muslim on the Day of Judgment.

This is due to the statement of the Messenger: “And the Quran is a proof for you or against you.” [Muslim] so the deputy of every Muslim is to read quran and learn quran with tajweed so one of two things will occur with this proof, the Book of Allah. And this quran education will be in your favor, a proof for us on the Day when we will need every single good deed and learning quran along with doing quran memorization is one of it and to add more spread the quran teaching and spread the kids quran knowledge and listening to quran online and understand the quran tafseer , it will be something standing against us and follow the guidance of or prophet Muhammad peace be upon him, and these good deeds will be a proof against us! Who could be saved from the terrors of that Day if Allah’s own Speech is against him?!?! Think carefully, so reading Arabic Quran and teaching our kids quran qaida with the tafseer of quran  and let the kids memorize quran dear Muslim brother or sister, about your position with the reading Quran! Are you neglecting it, contradicting it, being heedless of its orders and prohibitions, are you thinking deeply over it?! Will it be on your side on the Day of Judgment.? So learn quran recitation! O Allah! We ask you, by Your Glorious Speech and the rest of your beautiful Names and Attributes, to make the Quran a proof for us! So the Quran tutor should let his student know about these facts also,

Tuesday, 7 February 2012

He made a promise to Allaah to give up sin several times but he went back to it

I made a promise to Allaah that I would not commit a certain sin, but every time I broke my promise to Allaah and committed that sin. But I soon regret what I have done and repent to Allaah, and I pray the two rak’ahs of repentance prayer, repenting separately for each occurrence of sin), and I renew my promise to Allaah not to commit that sin after I finish the prayer of repentance. But because my faith is weak, as days go by I commit that sin again, then I repent again and renew my promise to Allaah again and again, only He knows how many times. 
My question is: 
What do I have to do as a result of my failing to keep my promise every time, after Allaah has blessed me and enabled me to keep away from those evil actions and I have repented to Allaah sincerely?.

Praise be to Allaah.  

We praise Allaah for having enabled you to repent sincerely, and we ask Him to make you steadfast in following His religion.  

With regard to what you asked about: 

Making a promise to Allaah is a kind of vow and an oath (yameen). 

Allaah says (interpretation of the meaning): 

“And of them are some who made a covenant with Allaah (saying): ‘If He bestowed on us of His Bounty, we will verily, give Sadaqah (Zakaah and voluntary charity in Allaah’s Cause) and will be certainly among those who are righteous’”

[al-Tawbah 9:75]

Abu Bakr al-Jassaas said in Ahkaam al-Qur’aan (3/208) concerning this verse: 

This indicates that whoever makes a vow to observe an act of worship has to fulfil it, because a promise or covenant is a vow and an obligation. End quote. 

Al-Zuhri (may Allaah have mercy on him) said: Whoever makes a promise to Allaah and breaks it, let him give in charity that which Allaah has enjoined in the case of a broken oath. This was quoted in al-Mudawwanah, 1/580. And he said: This was the view of Ibn ‘Abbaas, ‘Ata’ ibn Abi Rabaah and Yahya ibn Sa’eed. Ibn Wahb said, narrating from Sufyaan al-Thawri from Firaas from al-Shu’bi: If a person says, “I promise Allaah…” then this is an oath (yameen). End quote. 

Shaykh al-Islam [Ibn Taymiyah] said in al-Ikhtiyaaraat (pp 562-563): 

If a person says, “I promise Allaah that I will perform Hajj this year,” then this is a vow, a promise and an oath (yameen). End quote. 

If the vow serves the purpose of an oath (yameen), which is to oblige oneself or someone else to do a certain thing or not to do a certain thing, then it comes under the ruling on oaths (yameen), and if he does not fulfil it then he must offer the expiation for breaking an oath (kafaarat yameen). 

Ibn Qudaamah said in al-Mughni (13/622): 

When a person makes a vow which serves the purpose of an oath (yameen), which is to oblige oneself or someone else to do a certain thing or not to do a certain thing, and his intention is not to make a vow (nadhr), this comes under the ruling of an oath (yameen). End quote. 

Based on this, you have to offer the expiation for breaking an oath (kafaarat yameen). It is sufficient for you to offer one expiation for all previous transgressions, if the vows all had to do with the same action – which is what appears to be the case from your question. If the vows had to do with different actions then you have to offer one expiation for each action. 

Shaykh al-Islam said in al-Ikhtiyaaraat (pp. 562-563): 

Whoever repeats an oath before offering expiation, the correct view is that if this oath had to do with one action, only one expiation is to be offered; otherwise he must offer two. End quote. 

The expiation for breaking an oath is to set free a slave, or to feed or clothe ten poor persons. Whoever cannot do any of those things should fast for three days, because Allaah says (interpretation of the meaning): 

“Allaah will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masaakeen (poor persons), on a scale of the average of that with which you feed your own families, or clothe them or manumit a slave. But whosoever cannot afford (that), then he should fast for three days. That is the expiation for the oaths when you have sworn. And protect your oaths (i.e. do not swear much). Thus Allaah makes clear to you His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) that you may be grateful”

[al-Maa'idah 5:89] 

See also question no. 9985 

And Allaah knows best.

He owes many expiations for breaking oaths (kafaarat yameen), and he does not know how to do it

I owe many expiations for breaking oaths, but when I wanted to offer this expiation, I did not know how to do it. There are no poor or needy people. Is it permissible for me to offer this expiation in the form of cash? How much should I give to each poor person? Is it permissible for me to give it to charities supporting the mujaahideen?.

Praise be to Allaah.  

Firstly: 

Kafaarat yameen (expiation for breaking an oath) means freeing a believing slave, or feeding or clothing ten poor people. Whoever cannot do that must fast for three days. The basis for that is the verse in which Allaah says (interpretation of the meaning): 

“Allaah will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masaakeen (poor persons), on a scale of the average of that with which you feed your own families, or clothe them or manumit a slave. But whosoever cannot afford (that), then he should fast for three days. That is the expiation for the oaths when you have sworn”

[al-Maa’idah 5:89] 

Secondly: 

If a person swears many oaths before breaking the oath, and the thing sworn about was the same, then he only has to offer expiation once. But if he swore many oaths about different things, then he has to offer expiation for each oath. 

Thirdly: 

Kafaarat al-yameen must be given to the poor, as stated by Allaah. There is no reason why it cannot be given to the mujaahideen who are fighting for the sake of Allaah, because Allaah has mentioned them among those who may be given zakaah, especially if there are no poor or needy people to whom it may be given. 

Fourthly: 

It is not permissible to pay cash instead of offering kafaarat al-yameen, because that is going against the text. Your Lord is not forgetful and He did not state that cash may be given instead of the expiations mentioned in the text. 

Ruling on a woman saying zihaar to her husband; and does she have to offer expiation for that?

My husband always makes fun of me and mocks me, and I have put up with a lot and been patient. But one day he insulted me in all kinds of ways and made me cry and get angry. So I said to him, “You are to me like my brother, you are to me like my brother’s back.” 
Is this considered to be zihaar [a jaahili form of divorce in which the husband says to his wife, “You are to me like my mother’s back”]? What is the kafaarah (expiation) that I have to offer?.

Praise be to Allaah.  

It is not permissible for a Muslim to make fun of his brother. Allaah says (interpretation of the meaning): 

“O you who believe! Let not a group scoff at another group, it may be that the latter are better than the former. Nor let (some) women scoff at other women, it may be that the latter are better than the former. Nor defame one another, nor insult one another by nicknames. How bad is it to insult one’s brother after having Faith [i.e. to call your Muslim brother (a faithful believer) as: ‘O sinner’, or ‘O wicked’]. And whosoever does not repent, then such are indeed Zaalimoon (wrongdoers).”

[al-Hujuraat 49:11] 

The husband is obliged to treat his wife kindly. Allaah says (interpretation of the meaning): 

“and live with them honourably”

[al-Nisa’ 4:19] 

And the Prophet (peace and blessings of Allaah be upon him) said: “The best of you are those who are best to their wives, and I am the best of you to my wives.” Narrated by al-Tirmidhi, 3895. 

Our advice to you is to continue to be patient and put up with your husband’s mistreatment, and pray for him to be guided, and keep reminding him of his duties. 

With regard to your telling him, “You are haraam to me like my brother” etc., this is not zihaar, rather it is a yameen mukaffarah (an expiable oath). Zihaar is done by a man to his wife, not vice versa. Allaah says (interpretation of the meaning): 

“Those among you who make their wives unlawful to them by Zihaar (i.e., by saying to them ‘You are like my mother’s back’)…”

[al-Mujaadilah 58:2] 

Shaykh Muhammad al-Saalih al-‘Uthaymeen was asked: 

My wife always says to me, “You are my husband, you are my brother, you are my father, you are everything to me in this world.” Do these words make me haraam to him or not? 

He replied: 

These words do not make her haraam for you, because what she means by saying “You are my father and brother” etc is that you are like her father and brother in love and care. She does not intend to make you a mahram like her father and brother.  

Even if we were to assume that she does mean that, you are not haraam for her, because zihaar cannot be given by women to their husbands, rather it is something given by men to their wives. Hence if a woman tries to give her husband zihaar by saying to him, “You are to me like my father’s back” or “my brother’s back” etc, this is not zihaar, but it comes under the ruling of oaths, in the sense that it is not permissible for her to allow him to be intimate with her unless she offers kafaarat al-yameen (expiation for breaking a vow). If she wishes, she can offer the expiation before she allows him to be intimate with her, or if she wishes she may do that afterwards. 

Kafaarat yameen (the expiation for breaking a vow) is to feed or clothe ten poor persons, or to free a slave. If the person cannot do any of these things, then he or she must fast for three days. 

Fataawa al-Mar’ah al-Muslimah, 2/803. 

And Allaah knows best.