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Showing posts with label fataawaa. Show all posts
Showing posts with label fataawaa. Show all posts

Friday, August 26, 2011

Zakaatul-Fitr :::: Shaykh Zayd al-Madkhalee on who Zakaatul-Fitr can be given


The particular group of people to whom the Zakaat ul Fitr is to be distributed to
- Shaykh Zayd al-Madkhalee


The Scholars have differed concerning the issue of distributing the Zakaat ul Fitr, such that there are two sayings:
The first saying: That it is to be distributed amongst the eight types of individuals that have been mentioned by Allaah in Soorah At-Tawbah in His saying:
((Indeed the Sadaqaat (obligatory Zakaat) are for the poor and the destitute and those employed to collect (the funds); and for those whose hearts have inclined (towards Islaam), and to free the captives; and for those in debt, and in the Path of Allaah (the Mujahideen), and for the wayfarer: an obligation imposed by Allaah, and Allaah is All-Knower All-Wise.)) Soorah At-Tawbah: 60
This is a saying which is well-known from amongst the Shaafi’ee’s.
The second saying: Is that it is not to be distributed except amongst the poor and the destitute as occurs in the Hadeeth of Ibn ‘Abbaas which preceded in which there was the statement: ((a sustenance for the destitute))*.
Ibn Al-Qayyim (rahimahullaah) said: ((It was from his guidance (Sallalaahu ‘alaihi wa sallam) that he would specify those that were destitute for this particular Sadaqah, so he would not distribute it amongst the eight types of people – handful by handful. Nor did he command for that to be done that way, nor did any one of the companions do that, nor did those that came after them. Rather it is one of two sayings with us that it is impermissible to give it except to the destitute in particular.))
So this is the saying which is to be taken, except if you see dire need amongst someone from the other categories or an acceptable advantage by way of the Sharee’ah (to give it such), in which case it is to be given from this Sadaqah after it has been given to the poor and the destitute – in an ample portion. This is because it is a means of sustenance for them as has been established through that narration.
Here arises an issue which should be taken into consideration which is:
That it is permissible for one individual person to distribute his Zakaat to either one destitute person or to a number of them. Just as it is (allowed) for a group of people to give their fitrah to a single poor person so long as they are not committing an injustice in the right of the others who are present.
The second issue which is also recommended to pay attention to is that: It is impermissible to give it to those that it is impermissible to give the Zakaat to in accordance to that which we mentioned concerning the Zakaat of the types of wealth. And Allaah Knows best.
__________________________
Shaykh Zayd al-Madkhalee
Al-Afnaan an-nadiyyah sharh mandhoomah as-subul as-sawiyyah le-Fiqh As-Sunan al-marwiyyah vol 3 pages 97-98
Translated by Aboo Haatim Muhammad Farooq


*The full text of the Hadeeth:
((Allaah’s Messenger (Sallalaahu ‘alaihi wa sallam) ordered the giving of Zakaat ul Fitr as a purification for the fasting person from idle talk and obscenity, and as a sustenance for the poor. So whosoever gives it before the prayer (of ‘Eid) then it is an accepted Zakaat, and whosoever gives it after the prayer, then it is a Sadaqah (charity) from the Sadaqaat.))
Reported by Aboo Dawood in the book of Zakaat chapter: Zakaat ul Fitr; number 1609 and Ibn Maajah in the book of Zakaat chapter: Sadaqatul Fitr; number 1827and Ad-Daaraqutnee in the book of Zakaat ul Fitr number 1.

Wednesday, August 3, 2011

Prolonging the Du'aa of Qunoot and raising the hands - Shaykh Muqbil bin Haadee al-Waadi`ee

PROLONGING THE DUAA OF QUNOOT  

Shaykh Muqbil bin Haadee al-Waadi`ee

Translated by Aboo Talhah Dawud Burbank

Shaikh Muqbil ibn Haadee al-Waadi`ee was asked:

What is the ruling on the duaa in the Taraaweeh Prayer, and what is the authenticity of the hadeeth for raising the hands in the Witr Prayer- along with a mention of the evidence?

The response:
As for duaa in the Taraaweeh Prayer, lengthening it as is done, then that is an innovation, an innovation, an innovation (bid'ah, bid'ah, bid'ah). The Prophet (صلّى الله عليه و سلّم) taught al-Hasan to say:

((اللّهمَّ اهْدِنيِ فِيمَنْ هَدَيْتَ، وَعافِنِي فِيمَنْ عافَيْتَ، وَتَوَلَّنيِ فِيمَنْ تَوَلَّيْتَ، وَبارِكْ لِي فِيما أَعْطَيْتَ، وَقِنيِ شَرَّ ما قَضَيْتَ، إنَّكَ تَقْضِي وَلا يُقْضٰى عَلَيْكَ، وَإِنَّهُ لا يَذِلُّ مَنْ وَالَيْتَ، وَلا يَعِزُّ مَنْ عَادَيْتَ، تَبارَكْتَ رَبَّناَ وَتَعَالَيْتَ))

Allaahummahdinee feeman hadayta, wa aafinee feeman aafayta, wa tawallanee feeman tawallayta, wa baarik lee feemaa atayta, wa qinee sharra maa qadayta, fa innaka taqdee wa laa yuqdaa alaika, wa innahu laa yadhillu man waalayta, wa laa ya`izzu man aadayta, tabaarakta Rabbanaa wa ta`aalayta.

(O Allaah! Continually guide me and make me amongst those whom You have guided; and make me one of those whom You save and make secure from all evils; and make me one of those whom You love, and whose affairs You take care of; and grant me blessings in all that You have given me; and save ne from the evil of what You have decreed; for You alone decree, and none can contradict Your Decree. None can humiliate those whom You have befriended, and those who are enemies to You will never have dignity and honour. Exalted are You, O Allaah, and Supreme.)

Likewise what occurs in the Haramayn (i.e.Makkah and al-Madeenah) with regard to prolonging that, then it is not legislated; and the best way is the way of Muhammad (صلّى الله عليه و سلّم).

As for raising the hands, then it is reported by way of Abdullaah ibn Naafi ibn Abil-Amyaa, and he is weak (daeef); and it occurs in the Musnad of Imaam Ahmad as a hadeeth of Anas, and its basis occurs in the two
Saheehs, but it does not mention raising the hands, so we are in doubt as to its establishment; so raising the hands in the du`aa of Qunoot is not legislated.

[Tuhfatul-Mujeeb `alaa Asilatil-haadir wal-ghareeb (pp.137-138) of Shaikh Muqbil.]

Tuesday, August 10, 2010

Ramadaan Fataawaa

Question:

Is it permissible for a breast-feeding woman to break her fast? And when should she make up for it? And may she feed (poor people instead of fasting)?

Answer:

If the breast-feeding woman fears that the fasting will harm her child by reducing the milk, then she may break her fast, but she must make up for it later, because she is similar to a sick person, about whom Allaah says:

وَمَن كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ يُرِيدُ اللّهُ بِكُمُ الْيُسْرَ وَلاَ يُرِيدُ بِكُمُ الْعُسْرَ
...and whoever is ill or on a journey, the same number [of days which one did not observe Saum (fasts) must be made up] from other days. Allaah intends for you ease, and He does not want to make things difficult for you. [al-Baqarah 2:185]

Then once the danger is past, she may make it up for, either during the winter, when the days are shorter and the weather is cooler, or, if she is unable to do it in the winter, then in the following year. But as for feeding (poor people), it is not permissible except in a situation where the thing which prevents her from fasting or the excuse for not fasting is continues, and it is not expected that it will be removed, in these circumstances, she may feed (poor people) instead of fasting.

Shaykh Muhammad bin Saalih al-'Uthaymeen
Fataawaa Arkaanul-Islaam
Darus-Salaam Vol.2, pg. 643

__________


Question:

If a man still had some days to make up from the month of Ramadaan and he did not make them up before the start of the next Ramadaan, what should he do?

Answer:

It is well known that Allaah, the Most Glorified, the Most High says:

فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ وَمَن كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ
So whoever of you sights (the crescent on the first night of) the month (of Ramadaan i.e. is present at his home), he must observe Saum (fasts) that month, and whoever is ill or on a journey, the same number [of days which one did not observe Saum (fasts) must be made up] from other days. [Al-Baqarah 2:185]


So, this man, who broke his fast for some valid legal reason, is obliged to make up for it, in obedience to the Command of Allaah, the Most Glorified, the Most High. He must make it up in that year, and he should not delay it until after the following Ramadaan. ‘Aa'ishah, may Allaah be pleased with her, said:
”I had days to make up from Ramadaan, and I was unable to make them up until Sha’ban (i.e. the month before the following Ramadaan).” [1]
This is due to the Messenger of Allaah’s relationship with her, so her saying ’I was unable to make them up until Sha’baan’ is a proof that they must be made up for before the start of the next Ramadaan.
But if he delayed it after the following Ramadaan, he should seek forgiveness from Allaah and repent to Him, and be remorseful for what he has done, and make up for these days. The obligation to make it up for is not removed merely because it has been delayed, so he should make up for these days even if it was after the next Ramadaan. And Allaah is the Granter of Success.

____________________
[1] Reported by Al-Bukhari in the Book of Fasting, in the Chapter: When the Missed Days of Fasting Should be Made up for (1950).


Shaykh Muhammad bin Saalih al-'Uthaymeen
Fataawaa Arkaanul-Islaam
Darus-Salaam Vol.2, pg. 673


__________


Question:

Regarding the pregnant woman and the breastfeeding woman; if they fear for themselves or upon the child during the month of Ramadhaan – such that they eat, what then is due upon them? Should they eat and feed others (i.e. to the poor) and make up the fasts or should they eat and make up the fasts and not feed others or should they eat and feed others not make up for them? What is correct from these three?

Answer:

If the pregnant woman fears for herself or for her baby for the reason of fasting during Ramadhaan; then she should eat and upon her is to make up for them only. Her state in that is similar to the state of the one who is sick and is unable to find strength to fast – or that he fears some harm upon himself.
Allaah The Most High says:
وَمَن كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ
((And whosoever is sick or is upon a journey; then the period is made up from other days…)) [Soorah Al-Baqarah: 185]
Likewise is the case for the breastfeeding woman if she fears for herself when she breastfeeds her child during Ramadaan. Or that she fears upon her child if she were to fast and not breastfeed him – then she is to eat and upon her is to make up for them only.



Permanent Committee for Research and Verdicts
Shaykh `Abdul-`Azeez Bin Baz
Shaykh `Abdullah bin Ghudayaan
Shaykh `Abdur-Razzaaq al-`Afeefee
Fataawaa Al-Lajnah ad-daa'imah vol. 10 page 220 question two of fatwa number 1453
Translated by Aboo Haatim Muhammad Farooq

Wednesday, August 6, 2008

Questions and Answers on Eemaan and Takfeer :::: Imaam 'Abdul-'Azeez bin Baaz

Questions and Answers on Eemaan and Takfeer

The Noble Shaykh, the Imaam ‘Abdul-‘Azeez bin ‘Abdillaah bin Baaz

رحمه الله تعالى

Translated by Aboo Sufyaan

____

Q1: There are those who say that the saying – and it is the saying of the Salaf – we do not declare anyone to be a kaafir (disbeliever) from Ahlul-Millah (The people People of the Religion of Islaam) due to a sin as long as he did not make it permissible -they say: ‘this is the saying of the Murji’ah’- so what is your comment (upon that)?

The Noble Shaykh رحمه الله تعالى answered:

“This is wrong!

This is the saying of Ahlus-Sunnah: he does not become a kaafir as long as he doesn’t make it permissible. The zaanee (fornicator) does not disbelieve, the one who drinks khamr does not disbelieve. He is a sinner (‘aasee), except if he makes that permissible. This is the saying of Ahlus-Sunnah in opposition to the Khawaarij.

The Khawaarij, they are the ones who declare people to be disbelievers due to sins. [1] As for Ahlus-Sunnah then they say: ‘he is a sinner and the prescribed punishment is obligatory upon him, and it is obligatory upon him to make tawbah (repentance), but he does not disbelieve if he does not make the sin permissible'. He commits zinaa and does not make it permissible, he drinks khamr and does not make it permissible, and what is similar to that. He takes ribaa and does not make it permissible, he is not a kaafir. He is an ‘aasee (sinner), deficient in Eemaan, weak in Eemaan, in opposition to the Khawaarij and the Mu’tazilah. This is the saying of Ahlus-Sunnah wal-Jamaa’ah.

As for if he makes it permissible, so he says zinaa is halaal, he disbelieves. Or he says khamr is halaal, he disbelieves according to all of Ahlus-Sunnah wal-Jamaa’ah. Or he says ribaa is halaal, he disbelieves. Or he says disobedience to the parents is halaal, he disbelieves. But if he does it without belief (that it is permissible), and he knows that it is haraam – he is disobedient to the parents and he knows that it is haraam; he commits zinaa and he knows it is haraam; he drank khamr and knows that it is haraam – this one is a sinner, deficient in Eemaan, weak in Eemaan according to Ahlus-Sunnah, and he does not become a disbeliever. But he is deserving to have the prescribed punishment applied to him: the punishment for drinking khamr, the punishment for zinaa, he is disciplined for disobedeience and disrespect (towards his parents), he is disciplined for taking ribaa.”


Q2: Are the ‘Ulamaa’ (scholars) who say that there is no kufr (for the one) who abandons the actions of the limbs along with his pronouncement of the Shahaadatayn and the presence of the foundation of Eemaan of the heart, are they from the Murji’ah?

The Noble Shaykh رحمه الله تعالى answered:

“No, this one is from Ahlus-Sunnah wal-Jamaa’ah, whoever said there is no kufr for the one who abandons as-Siyaam (fasting), or az-Zakaah, or Hajj, this one is not a kaafir, but rather he has come with a tremendous kabeerah (major sin). And he is a kaafir according to some of the ‘Ulamaa’, but according to what is correct he does not disbelieve with major kufr (kufr al-akbar).

As for the one who abandons the Salaah, then the most correct opinion is that is the major kufr if he intentionally abandons it. And as for abandoning the Zakaah, Siyaam and Hajj, then it is kufr doona kufr (the kufr less than the major kufr that removes one from Islaam), a major sin from the kabaa’ir (major sins).

And the daleel for that is that the Prophet صلى الله عليه و سلم said to the one who withholds the Zakaah:

“He will be brought on Yawm al-Qiyaamah and will be punished with his wealth.”

Likewise as is proven by the Qur’aan:

“On the Day when that (Al-Kanz: money, gold and silver, etc., the Zakaah of which has not been paid) will be heated in the Fire of Hell and with it will be branded their foreheads, their flanks, and their backs, (and it will be said to them):-‘This is the treasure which you hoarded for yourselves. Now taste of what you used to hoard.’" [At-Tawbah (9):35]

The Prophetصلى الله عليه و سلم informed that he will be punished by his wealth; by his camel, his cow, his sheep, his gold and his silver, then he will see his path after this to Jannah or to the fire. [2]

It proves that he did not disbelieve, and that he will see his path either to Jannah, or to the Fire. It proves that he is under the threat of punishment, perhaps he will enter the Fire, and perhaps he will be sufficed by the punishment in the Barzakh (the abode of the Grave) and does not enter the Fire, and perhaps he will go to Jannah after the punishment that is in the Barzakh – do we understand?”


To be continued, inshaa'Allaah....



[1] [TN]: The first to make takfeer of the Muslims due to sins were the Khawaarij, as Shaykhul-Islaam Ibn Taymiyyah mentions: “And they (the Khawaarij) were the first of those who declared the people of the Qiblah to be disbelievers due to sins, rather due to what they see to be from sins, and they made permissible the blood of the people of the Qiblah due to that. So they were just as the Prophet (e) described them: “They will kill the People of Islaam and leave alone the people who worship the awthaan (idols and what is other than Allaah).” And they made takfeer of ‘Alee bin Abee Taalib, and ‘Uthmaan bin ‘Affaan and those who followed them, and they murdered ‘Alee bin Abee Taalib making his murder halaal. And ‘Abdur-Rahmaan bin Muljam al-Maraadee from them killed him, and he and other than him from the Khawaarij were those who strove in ‘Ibaadah, but they were ignoramuses who split away from the Sunnah and the Jamaa’ah (united body of the muslims), so they said: the people are only either mu’min or kaafir, and the mu’min is the one who carries out all of the obligatory acts and abandons all of the prohibited acts. So whoever is not like that, then he is a kaafir, abiding eternally in the Fire. Then they made everyone who opposes their saying the same.” [Al-Fataawaa (7/482)]

[2] Muslim (#987) from the Hadeeth of Aboo Hurayrah


Monday, August 20, 2007

From the Fataawaa of our 'Ulamaa' ::::

ash-Shaykh, al-'Allaamah, Rabee' bin Haadee al-Madkhalee (حفظه الله) was asked:

Question: Does one pray behind an imaam of a masjid that makes qunoot in Fajr and makes du'aa and raises his hands and do we follow him (in that)? And if they pray
salaatul-Istisqaa' in the masjid, do we pray with them?

Answer: If the imaam prays and makes qunoot, then make qunoot with him. The follower differing and opposing the imaam, even if he sees the salaah of the Imaam is not correct according to his madhhab, it is correct in the madhhab of this Imaam, but it is not correct with you – pray behind him. The Messenger (Sallallaahu 'alayhi wasallam) ordered with the salaah behind him and said: "If they lead you in the salaah correctly, then they and you will receive the rewards but if they make a mistake (in the salaah), then you will receive the reward and the sin will be theirs." (1) So you pray behind him.

The Salaf used to, meaning Ar-Rasheed (the ameer) came for the Hajj and he stopped in Madeenah and had hijaamah (cupping) done, and he asked (Imaam) Maalik: 'I was treated by hijaamah, do I pray without (a new) wudhoo'.' He said: 'Yes, pray!' So he prayed with the people and did not make wudhoo' due to hijaamah.

With the Ahnaaf (the Hanafees), hijaamah nullifies wudhoo'. So it was said to Aboo Yoosuf, 'How did you pray behind Ar-Rasheed and he had hijaamah done and did not make wudhoo'?' He said: 'Subhaanallaah! (He is) Ameerul-Mu'mineen!'

And there is for Shaykhul-Islaam Ibn Taymiyyah some speech, that you pray behind the Imaam. If you differ with him in an issue; you see that what he has is false, (that) his salaah is not correct, but he has usool (fundamental principles) and he has adillah (proofs) – he sees his salaah is correct – then pray behind him even if you don't see the correctness of his salaah, then pray behind him – except if you are sure that he did not make wudhoo'. (like) he said to you: 'I do not make wudhoo' and I pray without wudhoo'.' Then his salaah is null and void, for you and him."

(1) Collected by al-Bukhaaree #662, from the hadeeth of Aboo Hurayrah
[
Eng. 1/663]

Translated by Br. Aboo Sufyaan