fiqh
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I`tikaaf: Miscellaneous (Ahadith 1752 - 1757)

Bismillah.

One Cute Incident:

Volume 3, Book 33, Number 257:
Narrated 'Amra bint 'Abdur-Rahman from 'Aisha (radiallaahu `anhaa):
Allah's Apostle (sallallaahu `alayhi wasallam) used to practice Itikaf every year in the month of Ramadan. And after offering the morning prayer, he used to enter the place of his Itikaf. 'Aisha (radiallaahu `anhaa) asked his permission to let her practice Itikaf and he allowed her, and so she pitched a tent in the mosque. When Hafsa (radiallaahu `anhaa) heard of that, she also pitched a tent (for herself), and when Zainab (radiallaahu `anhaa) heard of that, she too pitched another tent. When, in the morning, Allah's Apostle (sallallaahu `alayhi wasallam) had finished the morning prayer, he saw four tents and asked, "What is this?" He was informed about it. He then said, "What made them do this? Is it righteousness? Remove the tents, for I do not want to see them." So, the tents were removed. The Prophet did not perform Itikaf that year in the month of Ramadan, but did it in the last ten days of Shawwal.

Types of I`tikaaf:

Volume 3, Book 33, Number 258:
Narrated Abdullah bin Umar (radiallaahu `anhu):
'Umar bin Al-Khattab (radiallaahu `anhu) said, "O Allah's Apostle (sallallaahu `alayhi wasallam)! I vowed in the Pre-lslamic period to perform Itikaf in Al-Masjid-al-Haram for one night." The Prophet (sallallaahu `alayhi wasallam) said, "Fulfill your vow." So, he performed Itikaf for one night.
Volume 3, Book 33, Number 259:
Narrated Ibn 'Umar (radiallaahu `anhu):
that 'Umar (radiallaahu `anhu) had vowed in the Pre-lslamic period to perform Itikaf in Al-Masjid-al-Haram. (A sub-narrator thinks that 'Umar (radiallaahu `anhu) vowed to perform Itikaf for one night.) Allah's Apostle (sallallaahu `alayhi wasallam) said to 'Umar (radiallaahu `anhu), "Fulfill your vow."

When is I`tikaaf?:

Volume 3, Book 33, Number 260:
Narrated Abu Huraira (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) used to perform Itikaf every year in the month of Ramadan for ten days, and when it was the year of his death, he stayed in Itikaf for twenty days.

One Cute Incident:

Volume 3, Book 33, Number 261:
Narrated `Amra bint `Abdur-Rahman from `Aisha (radiallaahu `anhaa):
Allah's Messenger (sallallaahu `alayhi wasallam) mentioned that he would practice I`tikaf in the last ten days of Ramadan. `Aisha (radiallaahu `anhaa) asked his permission to perform I`tikaf and he permitted her. Hafsa (radiallaahu `anhaa) asked `Aisha (radiallaahu `anhaa) to take his permission for her, and she did so. When Zainab bint Jahsh (radiallaahu `anhaa) saw that, she ordered a tent to be pitched for her and it was pitched for her. Allah's Messenger (sallallaahu `alayhi wasallam) used to proceed to his tent after the prayer. So, he saw the tents ans asked, "What is this?" He was told that those were the tents of Aisha, Hafsa, and Zainab (radiallaahu `anhunna). Allah's Apostle (sallallaahu `alayhi wasallam) said, "Is it righteousness which they intended by doing so? I am not going to perform I`tikaf." So he returned home. When the fasting month was over, he performed Itikar for ten days in the month of Shawwal.

The Fiqh of I`tikaaf:

Volume 3, Book 33, Number 262:
Narrated 'Urwa:
Aisha (radiallaahu `anhaa) during her menses used to comb and oil the hair of the Prophet (sallallaahu `alayhi wasallam) while he used to be in Itikaf in the mosque. He would stretch out his head towards her while she was in her chamber.

Kitaab-ul-I`tikaaf [Book of Retiring to a Mosque for Remembrance of Allah] ends here.


The Fiqh of I`tikaaf (Ahadith 1740 - 1742)

Bismillah.
Volume 3, Book 33, Number 245:
Narrated 'Aisha (radiallaahu `anhaa):
The Prophet (sallallaahu `alayhi wasallam) used to (put) bend his head (out) to me while he was in Itikaf in the mosque during my monthly periods and I would comb and oil his hair.
Volume 3, Book 33, Number 246:
Narrated 'Aisha (radiallaahu `anhaa):
Allah's Apostle (sallallaahu `alayhi wasallam) used to let his head in (the house) while he was in the mosque and I would comb and oil his hair. When in Itikaf he used not to enter the house except for a need.
Volume 3, Book 33, Number 247:
Narrated 'Aisha (radiallaahu `anhaa):
The Prophet (sallallaahu `alayhi wasallam) used to embrace me during my menses. He also used to put his head out of the mosque while he was in Itikaf, and I would wash it during my menses.
In view of the fact that the purpose of I’tikaaf is to withdraw oneself from worldly affairs and devote oneself entirely to the remembrance of Allâh, therefore, one must during the course of I’tikaaf avoid unnecessary talk and work. Whatever time one finds, one must spend in performing nawafil (Salâh), tilawah, and other ‘ibâdah, dhikr and tasbihat. Moreover, the learning and teaching of ‘ilm of dîn, lectures and study of Islâmic books is not only permissible but also a cause of obtaining thawab.

The Fiqh of I`tikaaf

  • If one observing I’tikaaf lets a part of his body out of the mosque, he is neither considered to have exited the premises nor does this affect the validity of his I’tikaaf. Therefore, he is allowed to take or give anything through the window or door of the mosque.
  • It is acceptable in the Sharee’ah (Islamic jurisprudence) for one observing I’tikaaf to wash and comb his hair, apply perfume, perform Ghusl (ritual bath for purification), shave and groom himself.
  • It is permissible for one observing the I’tikaaf to look at his wife and be touched by her without lust. And it is valid under the Sharee’ah for the wife to serve her husband, such as cleaning and combing his hair, and washing his clothes, etc.
  • It is impermissible for one in I’tikaaf to exit the mosque, save for the express purpose of fulfilling a natural inevitable necessity, such as urination, excretion and fetching food and water for himself, if there is no one else to bring it to him. The same applies to any essential need which he can not satisfy in the mosque; he has the right to go out for it without fearing for the validity of his I’tikaaf.
  • If a person performing I’tikaaf goes out of the mosque due to a need, it is not binding upon him to move hastily. He should walk at his normal pace, provided that he returns to the mosque as soon as he has achieved his objective.
  • According to the majority of religious scholars, the one observing I’tikaaf must not leave the mosque to visit a patient or even attend a funeral procession. But, he does have the right to inquire about the health of a patient while passing by, without going to him.
  • If one observing I’tikaaf goes out for a necessity, such as the death of his father or son, and he has not previously stipulated that he may have to leave the mosque for a similar critical reason, he must restart his I’tikaaf after he has fulfilled his need.
  • It can be derived from the aforementioned Hadeeth that a wife is to abide in her husband’s house, even if he will not go to her for any purpose or if a Sharee’ah-defined impediment hinders him from going home, such as traveling or I’tikaaf; in all cases, it is forbidden for the wife to go out of his home, without his permission.
  • If one exits his place of seclusion without a necessity, hisI’tikaaf becomes invalid.
  • There is a difference of opinion among scholars with regard to the prerequisites of I’tikaaf, [as it is said one must] be fasting and seclude himself only in a mosque where the Friday prayers are held in congregation. The sound view is that fasting is not a precondition, since the Prophet, sallallaahu ‘alayhi wa salam, observed I’tikaaf in Shawwaal. Furthermore, it is permissible to do I’tikaaf in the mosque in which, though congregational prayers are offered, the Friday prayer is not, necessarily. In that case, one should go out to attend the Friday prayer and his I’tikaaf will still be valid. But, it is better for one to seclude himself in a mosque in which the Friday prayers are held.

Going Overboard with Fiqh (Ahadith 1415 - 1419)


Bismillah.
Hadith no. 1413 (below) is a repeat. Read it here.
Volume 2, Book 26, Number 713:
Narrated Jabir bin 'Abdullah (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) and his companions assumed Ihram for Hajj and none except the Prophet (sallallaahu `alayhi wasallam) and Talha had the Hadi (sacrifice) with them. 'Ali (radiallaahu `anhu) arrived from Yemen and had a Hadi with him. 'Ali (radiallaahu `anhu) said, "I have assumed Ihram for what the Prophet (sallallaahu `alayhi wasallam) has done." The Prophet (sallallaahu `alayhi wasallam) ordered his companions to perform the 'Umra with the lhram which they had assumed, and after finishing Tawaf (of Ka'ba, Safa and Marwa) to cut short their hair, and to finish their lhram except those who had Hadi with them. They (the people) said, "How can we proceed to Mina (for Hajj) after having sexual relations with our wives?" When that news reached the Prophet he said, "If I had formerly known what I came to know lately, I would not have brought the Hadi with me. Had there been no Hadi with me, I would have finished the state of lhram." 'Aisha (radiallaahu `anhaa) got her menses, so she performed all the ceremonies of Hajj except Tawaf of the Ka'ba, and when she got clean (from her menses), she performed Tawaf of the Ka'ba. She said, "O Allah's Apostle (sallallaahu `alayhi wasallam)! (All of you) are returning with the Hajj and 'Umra, but I am returning after performing Hajj only." So the Prophet (sallallaahu `alayhi wasallam) ordered 'Abdur-Rahman bin Abu Bakr (radiallaahu `anhu) to accompany her to Tan'im and thus she performed the 'Umra after the Hajj.
Hadith no. 1414 (below) is also a repeat. Read it here.
Volume 2, Book 26, Number 714:
Narrated Hafsa (radiallaahu `anhaa):
(On 'Id) We used to forbid our virgins to go out (for 'Id prayer). A lady came and stayed at the Palace of Bani Khalaf. She mentioned that her sister was married to one of the companions of Allah's Apostle (sallallaahu `alayhi wasallam) who participated in twelve Ghazawats along with Allah's Apostle (sallallaahu `alayhi wasallam) and her sister was with him in six of them. She said, "We used to dress the wounded and look after the patients." She (her sister) asked Allah's Apostle (sallallaahu `alayhi wasallam), "Is there any harm for a woman to stay at home if she doesn't have a veil?" He said, "She should cover herself with the veil of her companion and she should take part in the good deeds and in the religious gatherings of the believers." When Um 'Atiyya (radiallaahu `anhaa) came, I asked her. "Did you hear anything about that?" Um 'Atiyya (radiallaahu `anhaa) said, "Bi Abi" and she never mentioned the name of Allah's Apostle (sallallaahu `alayhi wasallam) without saying "Bi Abi" (i.e. 'Let my father be sacrificed for you'). We asked her, "Have you heard Allah's Apostle (sallallaahu `alayhi wasallam) saying so and so (about women)?" She replied in the affirmative and said, "Let my father be sacrificed for him. He told us that unmarried mature virgins who stay often screened or unmarried young virgins and mature girls who stay often screened should come out and take part in the good deeds and in the religious gatherings of the believers. But the menstruating women should keep away from the Musalla (praying place)." I asked her, "The menstruating women?" She replied, "Don't they present themselves at 'Arafat and at such and such places?"

Today's Ahadith:

Volume 2, Book 26, Number 715:
Narrated 'Abdul 'Aziz bin Rufai:
I asked Anas bin Malik (radiallaahu `anhu), "Tell me what you remember from Allah's Apostle (sallallaahu `alayhi wasallam) (regarding these questions): Where did he offer the Zuhr and 'Asr prayers on the day of Tarwiya (8th day of Dhul-Hajja)?" He replied, "(He offered these prayers) at Mina." I asked, "Where did he offer the 'Asr prayer on the day of Nafr (i.e. departure from Mina on the 12th or 13th of Dhul-Hijja)?" He replied, "At Al-Abtah," and then added, "You should do as your chiefs do."
Volume 2, Book 26, Number 716:
Narrated 'Abdul 'Aziz:
I went out to Mina on the day of Tarwiya and met Anas (radiallaahu `anhu) going on a donkey. I asked him, "Where did the Prophet (sallallaahu `alayhi wasallam) offer the Zuhr prayer on this day?" Anas (radiallaahu `anhu) replied, "See where your chiefs pray and pray similarly."
Volume 2, Book 26, Number 717:
Narrated 'Abdullah bin 'Umar (radiallaahu `anhu):
Allah's Apostle (sallallaahu `alayhi wasallam) offered a two-Rakat prayer at Mina. Abu Bakr (radiallaahu `anhu), 'Umar (radiallaahu `anhu) and 'Uthman (radiallaahu `anhu), (during the early years of his caliphate) followed the same practice.
Volume 2, Book 26, Number 718:
Narrated Haritha bin Wahab Al-Khuza'i (radiallaahu `anhu):
The Prophet (sallallaahu `alayhi wasallam) led us in a two-Rakat prayer at Mina although our number was more than ever and we were in better security than ever.
Volume 2, Book 26, Number 719:
Narrated 'Abdullah bin Masud (radiallaahu `anhu):
I offered (only a) two Rakat prayer with the Prophet (at Mina), and similarly with Abu Bakr (radiallaahu `anhu) and with 'Umar (radiallaahu `anhu), and then you differed in opinions. Wish that I would be lucky enough to have two of the four Rakat accepted (by Allah).
  1. Prophet (sallallaahu `alayhi wasallam) shortened salah in Minaa. Should we do it or not? Answer here.
  2. There's no need to fight over this issue, as Abdullah ibn Mas`ud (radiallaahu `anhu) comments in the last narration. Because the real question is whether those 2 or four rak`aat will be accepted by Allah or not?
    It often happens that we get so engrossed in Fiqh issues that the spirit in worship gets lost somewhere. Must prevent that! Yes, knowing the 'how' is very important, but we shouldn't forget the 'why' in the process. Allahul Musta`aan!
Taken from: http://ilookilisten.wordpress.com/2013/03/17/going-overboard-with-fiqh-ahadith-1415-1419/

What is the ruling on following one of the four madhhabs in all cases and situations?

Question:

What is the ruling on following one of the four madhhabs in all cases and situations?

Answer:

Praise be to Allaah, and blessings and peace be upon His Messenger and his family and companions.

Firstly: 
the four madhhabs are named after the four imams – Imam Abu Haneefah, Imam Maalik, Imam al-Shaafa’i and Imam Ahmad.

Secondly:  
These imams learned fiqh (jurisprudence) from the Qur’aan and Sunnah, and they are mujtahideen in this regard. The mujtahid either gets it right, in which case he will have two rewards, the reward for his ijtihaad and the reward for getting it right, or he will get it wrong, in which case he will be rewarded for his ijtihaad and will be forgiven for his mistake.

Thirdly:
  the one who is able to derive rulings from the Qur’aan and Sunnah should take from them like those who came before him; it is not right for him to follow blindly (taqleed) when he is believes that the truth lies elsewhere. Rather he should follow that which he believes is the truth. It is permissible for him to follow in matters in which he is unable to come to a conclusion based on the Qur’aan and Sunnah and he needs guidelines concerning a particular issue.

Fourthly: 
Whoever does not have the ability to derive rulings himself is permitted to follow one whom he feels comfortable following. If he is not comfortable following him then he should ask until he finds someone with whom he is comfortable.

Fifthly: 
From the above it is clear that we should not follow their opinions in all situations and at all times, because they may make mistakes, but we may follow their views that are sound and are based on the evidence.

Fataawa al-Lajnah, 5/28

It says in Fataawa al-Lajnah, no. 3323:

Whoever is qualified to derive rulings from the Qur’aan and Sunnah, and has strong knowledge in that regard, even if that is with the help of the legacy of fiqh that we have inherited from earlier scholars of Islam, has the right to do that, so he can act upon it himself and explain it in disputes and issue fatwas to those who consult him. Whoever is not qualified to do that has to ask trustworthy people who so that he may learn the rulings from their books and act upon that, without limiting his asking or his reading to one of the scholars of the four madhhabs. Rather people refer to the four imams because they are so well known and their books are well written and widely available.

Whoever says that it is obligatory for the learned people to follow the scholars blindly in all cases is making a mistake and being inflexible, and is thinking that these learned people are inadequate, and he is restricting something that is broad in scope.

Whoever says that we should limit following to the four madhhabs is also mistaken, because he is restricting something that is broad in scope with no evidence for doing so. With regard to the common (i.e., uneducated) man there is no difference between the four imams and others such as al-Layth ibn Sa’d, al-Awzaa’i and other fuqaha’.

Fataawa al-Lajnah, 5/41

It says in Fatwa no. 1591:

None of them called people to follow his madhhab, or was partisan in following it, or obliged anyone else to act in accordance with it or with a specific madhhab. Rather they used to call people to follow the Qur’aan and Sunnah, and they would comment on the texts of Islam, and explain its basic principles and discuss minor issues according to general guidelines, and issue fatwas concerning what people asked about, without obliging any of their students or anyone else to follow their views. Rather they criticized those who did that and said that their opinions should be cast aside if they went against a saheeh hadeeth. One of them said: “If the hadeeth is saheeh then that is my madhhab.” May Allaah have mercy on them all.

It is not obligatory for anyone to follow a particular madhhab, rather we should strive to learn the truth if possible, or to seek the help of Allaah in doing so, then to rely on the legacy that the earlier Muslim scholars left behind for those who came after them, thus making it easier for them to understand and apply the texts. Whoever cannot derive rulings from the texts etc for some reason that prevents him from doing so should ask trustworthy scholars for whatever rulings of sharee’ah he needs, because Allaah says (interpretation of the meaning):

“So ask the people of the Reminder [Scriptures — the Tawraat (Torah), the Injeel (Gospel)] if you do not know”

[al-Anbiya’ 21:7]

So he has to strive to ask one whom he trusts among those who are well known for their knowledge, virtue, piety and righteousness.

Fataawa al-Lajnah al-Daa’imah, 5/56
 

And Allaah knows best.

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source: http://islamqa.com/en/ref/21420 
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