Showing posts with label ruling. Show all posts

Mortgage (Ahadith 1777 - 1778)

Bismillah.
Volume 3, Book 34, Number 282:
Narrated 'Aisha (radiallaahu `anhaa):
The Prophet (sallallaahu `alayhi wasallam) purchased food grains from a Jew on credit and mortgaged his iron armor to him.

Volume 3, Book 34, Number 283:
Narrated Qatada:
Anas (radiallaahu `anhu) went to the Prophet (sallallaahu `alayhi wasallam) with barley bread having some dissolved fat on it. The Prophet (sallallaahu `alayhi wasallam) had mortgaged his armor to a Jew in Medina and took from him some barley for his family. Anas (radiallaahu `anhu) heard him saying, "The household of Muhammad (sallallaahu `alayhi wasallam) did not possess even a single Sa' of wheat or food grains for the evening meal, although he has nine wives to look after."
Mortgage: convey (a property) to a creditor as security on a loan.
It is neither the taking out of a loan nor a mortgage which by itself is unlawful or prohibited in Islam; what is unconditionally and specifically prohibited and absolutely unlawful in the Sight of Allah is the ‘interest’ element in the loan or the mortgage.
Thus if one takes out an interest-free mortgage on their house or property, such a transaction would be absolutely lawful in the Sight of Shariah Law.
This is the general and overall ruling. Further details will come in the future inshaAllah.

Money Exchange (Hadith No. 1771)

Bismillah.
Narrated Abu Al-Minhal:
I used to practice money exchange, and I asked Zaid bin 'Arqam about it, and he narrated what the Prophet said in the following: Abu Al-Minhal said, "I asked Al-Bara' bin 'Azib and Zaid bin Arqam (radiallaahu `anhumaa) about practicing money exchange. They replied, 'We were traders in the time of Allah's Apostle (sallallaahu `alayhi wasallam) and I asked Allah's Apostle (sallallaahu `alayhi wasallam) about money exchange. He replied, 'If it is from hand to hand, there is no harm in it; otherwise it is not permissible."
Dealing in currencies is permissible so long as the exchange takes place in the same sitting as the contract is made. It is permissible to sell euros for dollars so long as the exchange takes place in the same sitting as the contract is made. But when the deal is concerning the same type of currency, such as selling one dollar for two dollars, that is not permissible because it is a type of riba.  In that case they should be of equal amounts and the exchange must take place in the same sitting as the contract if the exchange is concerning one type of currency. The evidence for that is the report narrated by ‘Ubaadah ibn al-Saamit (may Allaah be pleased with him) who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, salt for salt, like for like, same for same, hand to hand. If the types are different then sell however you like, so long as it is hand to hand.” Narrated by Muslim, 1587. 
It says in Majmoo’ Fataawa Ibn Baaz (19/171-174): 
Dealing in currency, buying and selling, is permissible, but that is subject to the condition that the exchange be hand-to-hand if the currencies are different. If a person sells Libyan currency for American or Egyptian or whatever currency hand to hand, there is nothing wrong with that, such as if he buys dollars for Libyan currency hand to hand, exchanging it in one sitting, or he buys Egyptian or English currency etc for the Libyan or whatever currency hand to hand, there is nothing wrong with that. But if there is a delay, then it is not permissible, and if the exchange is not done in the same sitting, it is not permissible, because in that case it is regarded as a kind of riba-based transaction. So the exchange must take place in the same sitting, hand to hand, if the currencies are different. But if they are of the same kind, two conditions must be met: they should be of equal amounts and the exchange should take place in the same sitting, because the Prophet (peace and blessings of Allaah be upon him) said: “Gold for gold, silver for silver…”
 The ruling on currency is as mentioned above; if they are different then it is permissible for the amounts exchanged to be different, so long as the exchange takes place in the same sitting. If they are of the same kind, such as dollars for dollars, or dinars for dinars, then the exchange must take place in the same sitting and they should be of the same amount. And Allaah is the source of strength. End quote from IslamQA.
More on it here.

Fasting while Travelling (Ahadith 1657 - 1664)

Bismillah.
Volume 3, Book 31, Number 162:
Narrated Ibn Abi Aufa (radiallaahu `anhu):
We were in the company of Allah's Apostle (sallallaahu `alayhi wasallam) on a journey. He said to a man, "Get down and mix Sawiq (powdered barley) with water for me." The man said, "The sun (has not set yet), O Allah's Apostle (sallallaahu `alayhi wasallam)." The Prophet (sallallaahu `alayhi wasallam) again said to him, "Get down and mix Sawiq with water for me." The man again said, "O Allah's Apostle (sallallaahu `alayhi wasallam)! The sun!" The Prophet (sallallaahu `alayhi wasallam) said to him (for the third time) "Get down and mix Sawiq with water for me." The man dismounted and mixed Sawiq with water for him. The Prophet (sallallaahu `alayhi wasallam) drank it and then beckoned with his hand (towards the East) and said, "When you see the night falling from this side, then a fasting person should break his fast."

Volume 3, Book 31, Number 163:
Narrated 'Aisha (radiallaahu `anhaa):
Hamza bin 'Amr Al-Aslami (radiallaahu `anhu) said, "O Allah's Apostle (sallallaahu `alayhi wasallam)! I fast continuously."

Volume 3, Book 31, Number 164:
Narrated 'Aisha (radiallaahu `anhaa):
(the wife of the Prophet (sallallaahu `alayhi wasallam)) Hamza bin 'Amr Al-Aslami (radiallaahu `anhu) asked the Prophet (sallallaahu `alayhi wasallam), "Should I fast while traveling?" The Prophet (sallallaahu `alayhi wasallam) replied, "You may fast if you wish, and you may not fast if you wish."

Volume 3, Book 31, Number 165:
Narrated Ibn 'Abbas (radiallaahu `anhu):
Allah's Apostle (sallallaahu `alayhi wasallam) set out for Mecca in Ramadan and he fasted, and when he reached Al-Kadid, he broke his fast and the people (with him) broke their fast too. (Abu 'Abdullah said, "Al-Kadid is a land covered with water between Usfan and Qudaid.")

Volume 3, Book 31, Number 166:
Narrated Abu Ad-Darda (radiallaahu `anhu):
We set out with Allah's Apostle (sallallaahu `alayhi wasallam) on one of his journeys on a very hot day, and it was so hot that one had to put his hand over his head because of the severity of heat. None of us was fasting except the Prophet (sallallaahu `alayhi wasallam) and Ibn Rawaha (radiallaahu `anhu).

Volume 3, Book 31, Number 167:
Narrated Jabir bin 'Abdullah (radiallaahu `anhu):
Allah's Apostle (sallallaahu `alayhi wasallam) was on a journey and saw a crowd of people, and a man was being shaded (by them). He asked, "What is the matter?" They said, "He (the man) is fasting." The Prophet (sallallaahu `alayhi wasallam) said, "It is not righteousness that you fast on a journey."

Volume 3, Book 31, Number 168:
Narrated Anas bin Malik (radiallaahu `anhu):
We used to travel with the Prophet (sallallaahu `alayhi wasallam) and neither did the fasting persons criticize those who were not fasting, nor did those who were not fasting criticize the fasting ones.

Volume 3, Book 31, Number 169:
Narrated Tawus:
Ibn 'Abbas (radiallaahu `anhu) said, "Allah's Apostle (sallallaahu `alayhi wasallam) set out from Medina to Mecca and he fasted till he reached 'Usfan, where he asked for water and raised his hand to let the people see him, and then broke the fast, and did not fast after that till he reached Mecca, and that happened in Ramadan." Ibn 'Abbas (radiallaahu `anhu) used to say, "Allah's Apostle (sallallaahu `alayhi wasallam) (sometimes) fasted and (sometimes) did not fast during the journeys so whoever wished to fast could fast, and whoever wished not to fast, could do so."
Lessons from the above narrations:
  1. It is permissible to fast while travelling.
  2. If fasting is a burden while travelling, it's better to avoid it because it's not righteousness.
  3. Whether a person fasts while travelling or does not, they should not be criticized. It's their own personal choice.
  4. If the fasts of Ramadan are missed due to travelling, they have to be made up later. This will be discussed in future posts as well inshaAllah.

Game and Ihraam (Hadith No. 1574)


Bismillah.
Volume 3, Book 29, Number 51:
Narrated 'Abdullah bin 'Abbas (radiallaahu `anhu):
From As-Sa'b bin Jath-thama Al-Laithi that the latter presented an onager to Allah's Apostle (sallallaahu `alayhi wasallam) while he was at Al-Abwa' or at Waddan, and he refused it. On noticing the signs of some unpleasant feeling of disappointment on his (As-Sab's) face, the Prophet (sallallaahu `alayhi wasallam) said to him, "I have only returned it because I am Muhrim." 
Apparently there's ikhtilaaf (difference) between today's hadith and yesterday's post. And due to this ikhtilaaf, scholars have also differed in their opinions regarding the ruling for a muhrim eating game. One group says a muhrim is allowed to eat game because of Abu Qatada's hadith, and the other group says a muhrim must not eat game because of the above hadith and this ayah:
..forbidden is (the pursuit of) land-game as long as you are in a state of Ihram (for Hajj or 'Umrah). [5:96]
The correct and balanced opinion, that of most scholars (including Imaam Maalik, Shafi`i and Ahmad etc.), is that a muhrim is allowed to eat the game that was not hunted for him specifically. But the game that was hunted for him, as it was done in the above mentioned hadith, he cannot eat it, nor accept it.
If it so happens that someone offers you something that's forbidden in Ihraam while you're in Ihraam, you may refuse them politely, saying something like "a muhrim is not allowed to have such-and-such". Prophet (sallallaahu `alayhi wasallam) refused politely as well, and when he saw the person getting disappointed, he told him the reason. Remember, accepting something that's forbidden in Ihraam while you're in Ihraam for the fear of offending the other person is not allowed. Fear disobeying Allah more.

Excellence of `Umrah (Hadith No. 1524)


Bismillah.

Kitaab-ul-`Umrah [Book of Minor Pilgrimage] starts today.

Volume 3, Book 27, Number 1:
Narrated Abu Huraira (radiallaahu `anhu):
Allah's Apostle (sallallaahu `alayhi wasallam) said, "(The performance of) 'Umra is an expiation for the sins committed (between it and the previous one). And the reward of Hajj Mabrur (the one accepted by Allah) is nothing except Paradise."
This Hadith is the best news I've received in a long time! Makes me want to go back to Saudi again. :(
We sin every hour of the day. Salah expiates those sins. And we sin repeatedly throughout the days and months. InshaAllah, when Allah gives us the tawfeeq to do (multiple) `Umrah(s), those sins shall also be forgiven. Such a blessing of Allah! Alhamdulillah. How can one ever despair of His Mercy?
May Allah invite me and you (the reader), and all the Muslims to visit His House often. And may He accept the visits from us then. Ameen.
Here's an image to make you feel the same longing as I'm feeling right now:
Baytullah. <3
Baytullah. <3
Having said (and done) that, there's a side question: what's the ruling on `Umrah? Is it an obligation upon all Muslims, or recommended? Read the detailed answer with all the proofs here.

Shortening Prayers (Hadith No. 885)


Assalamu`alaykum,
Bismillah.

Book of Shortening the Prayers (at-Taqseer) starts today.. 

I warn you beforehand, there'll be lots of opinions and rulings on it. It's simple, yet we've made it so complicated. Anyway, I hope, that with Allah's mercy, we'll be able to understand this concept fully by the end of this "book", and find it easy to apply the rulings in our daily lives. Stay tuned. Allah-ul-Musta`aan!
One post been done on it already.

Volume 2, Book 20, Number 186:
Narrated Ibn Abbas :
The Prophet once stayed for nineteen days and prayed shortened prayers. So when we travel led (and stayed) for nineteen days, we used to shorten the prayer but if we travelled (and stayed) for a longer period we used to offer the full prayer.
The meaning of shortening prayers is that the four-rak’ah prayers become two rak’ahs when travelling. [IslamQA]
With regard to shortening prayers when travelling, this is a confirmed Sunnah (Sunnah mu’akkadah) which should not be forsaken. The Prophet (peace and blessings of Allaah be upon him) shortened prayers during all his journeys, and it is not proven that he offered the prayers in full whilst travelling.

Shar`i Ruling

The scholars are unanimously agreed that shortening the prayers is better for the traveller than offering them in full, because the Prophet (peace and blessings of Allaah be upon him) shortened prayers during all his journeys, and there is no saheeh report that he offered the prayers in full whilst travelling. 
Ibn ‘Umar (may Allaah be pleased with him) said: I accompanied the Messenger of Allaah (peace and blessings of Allaah be upon him) and he did not do more than two rak’ahs whilst travelling, and the same applies to Abu Bakr, ‘Umar and ‘Uthmaan (may Allaah be pleased with them). Narrated by al-Bukhaari (1102). 
The Hanafis are of the view that it is obligatory for the traveller to shorten his prayers, but the correct view is that of the majority, that shortening the prayers is sunnah mu’akkadah (a confirmed Sunnah), and that it is better than offering the prayers in full. 
See: al-Ijmaa’ by Ibn al-Mundhir (27); al-Mughni (1/382); al-Mawsoo’ah al-Fiqhiyyah (27/274).

Reasons which make it permissible to shorten prayers:

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said in Majmoo’ al-Fataawa (22/293): 
The reason for shortening prayers is travelling only, and it is not permissible in situations other than travelling. As for joining prayers, the reason for it is need and excuses, so if a person needs to he may join both shortened and full-length prayers whilst travelling, and he may join prayers when it is raining and so on, or because of sickness and the like, and for other reasons, because the purpose behind it is to spare the ummah hardship. End quote.
Wassalam.

The Ruling on Christmas & New Year


حكم الاحتفال بعيد ميلاد عيسى والعام الجديد
باللغة الإنجليزية
The Ruling on
Christmas & New Year


  Praise be to Allaah.
           
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said[1] the following in his commentary on the aayah (interpretation of the meaning),
“And those who do not witness falsehood [al-zoor]…” [al-Furqaan 25:72]

As regards the festivals of the mushrikeen: they combine confusion, physical desires and falsehood, there is nothing in them that is of any religious benefit, and the instant gratification involved in them only ends up in pain. Thus they are falsehood, and witnessing them means attending them.
This aaayah itself praises and commends (those who do not witness falsehood), which has the meaning of urging people to avoid taking part in their festivals and other kinds of falsehood. We understand that it is bad to attend their festivals because they are called al-zoor (falsehood).
It indicates that it is haraam to do this for many reasons, because Allaah has called it al-zoor. Allaah condemns the one who speaks falsehood [al-zoor] even if no-one else is harmed by it, as in the aayah forbidding dhihaar [a form of divorce in which the man says to his wife “You are to me like the back of my mother”], where He says (interpretation of the meaning):
“… And verily, they utter an ill word and a lie [zooran]…” [al-Mujaadilah 58:2].
And Allaah says (interpretation of the meaning):
“… So shun the abomination of idols, and shun lying speech (false statements) [al-zoor].” [al-Hajj 22:30].
So the one who does al-zoor is condemned in this fashion.
In the Sunnah: Anas ibn Maalik (may Allaah be pleased with him) said:
“The Messenger of Allaah (peace and blessings of Allaah be upon him) came [to Madeenah] and they had two days in which they would (relax and) play. He said, “What are these two days?” They said, “We used to play (on these two days) during the Jaahiliyyah.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has given you something better instead of them: Yawm al-Duhaa [Eid al-Adha] and Yawm al-Fitr [Eid al-Fitr].” (Reported by Abu Dawood).
This indicates clearly that the Prophet (peace and blessings of Allaah be upon him) definitely forbade his ummah to celebrate the festivals of the kuffaar, and he strove to wipe them out by all possible means. The fact that the religion of the People of the Book is tolerated does not mean that their festivals are approved of or should be preserved by the ummah, just as the rest of their kufr and sins are not approved of. Indeed, the Prophet (peace and blessings of Allaah be upon him) went to great lengths to command his ummah to be different from them in many issues that are mubaah (permitted) and in many ways of worship, lest that lead them to be like them in other matters too. This being different was to be a barrier in all aspects, because the more different you are from the people of Hell, the less likely you are to do the acts of the people of Hell.
The first of them is: The hadeeth “Every people has its festival, and this is our festival” implies exclusivity, that every people has its own festival, as Allaah says (interpretation of the meaning):
“For every [nation] there is a direction to which they face (in their prayers)…” [al-Baqarah 2:148]
…and
“…To each among you, We have prescribed a law and a clear way…” [al-Maa’idah 5:48].
This implies that each nation has its own ways. The laam in li-kulli [“for every”, “to each”] implies exclusivity. So if the Jews have a festival and the Christians have a festival, it is just for them, and we should not have any part in it, just as we do not share their qiblah (direction of prayer) or their laws.
The second of them is: one of the conditions set out by ‘Umar ibn al-Khattaab (may Allaah be pleased with him) and agreed upon by the Sahaabah and by all the Fuqahaa’ after them is: that those of the People of the Book who have agreed to live under Islamic rule (ahl al-dhimmah) should not celebrate their festivals openly in Daar al-Islam (lands under Islamic rule). If the Muslims have agreed to prevent them from celebrating openly, how could it be right for the Muslims to celebrate them? If a Muslim celebrates them, is that not worse than if a kaafir does so openly?
The only reason that we forbade them to celebrate their festivals openly is because of the corruption involved in them, because of the sin or symbols of sin. In either case, the Muslim is forbidden from sin or the symbols of sin. Even if there was no evil involved apart from the kaafir feeling encouraged to celebrate openly because of the Muslim’s actions, how can a Muslim do that? The evil involved (in their festivals) will be explained below, in shaa Allaah.
Al-Bayhaqi reported with a saheeh isnaad in Baab Karaahiyat al-Dukhool ‘ala Ahl al-Dhimmah fi Kanaa’isihim wa’l-Tashabbuh Bihim Yawmi Nawroozihim wa Maharjaanihim (Chapter on the Abhorrence of Entering the Churches of Ahl al-Dhimmah on the Occasion of their New Year and Other Celebrations): From Sufyaan al-Thawri from Thawr ibn Yazeed from ‘Ata’ ibn Deenaar who said: ‘Umar said: “Do not learn the language of the non-Arabs, do not enter upon the mushrikeen in their churches on their feast-days, for the wrath (of Allaah) is descending upon them.”
‘Umar ibn al-Khattaab said: “Avoid the enemies of Allaah on their festivals.”
It was reported with a saheeh isnaad from Abu Usaamah: ‘Awn told us from Abu’l-Mugheerah from ‘Abd-Allaah ibn ‘Amr: “Whoever lives in the land of the non-Arabs and celebrates their New Year and their festivals, and imitates them until he dies in that state, will be gathered with them on the Day of Resurrection.”
‘Umar forbade learning their languages, and even entering their churches on the day of their festival, so how about doing some of the things they do on those days, or doing things that are a part of their religion? Is not going along with their actions worse than learning their language? Is not doing some of the things they do on their festival worse than just entering upon them? If divine wrath is descending upon them on the day of their festival because of what they do, then is not the one who does what they do, or a part of it, also exposed to the same punishment? Do not the words “Avoid the enemies of Allaah on their festivals” mean that we should not meet them or join them on those days? So how about the one who actually celebrates their festivals?
‘Abd-Allaah ibn ‘Amr clearly stated: “Whoever lives in the land of the non-Arabs and celebrates their New Year and their festivals, and imitates them until he dies in that state, will be gathered with them on the Day of Resurrection.”
This implies that the one who joins in with them in all of these matters is a kaafir, or that doing this is one of the major sins (kabaa’ir) that will doom one to Hell; the former meaning is what is apparent from the wording.
He mentioned – and Allaah knows best – the one who lives in their land, because at the time of ‘Abd-Allaah ibn ‘Amr and the other Sahaabah, they used to forbid open celebration of kaafir festivals in the Muslim lands, and none of the Muslims imitated them in their festivals; that was possible only when living in the lands of the kaafirs.
‘Ali (may Allaah be pleased with him) refused to even acknowledge the name of their festivals which were exclusively theirs, so how about actually celebrating them?
Ahmad mentioned the meaning of the reports narrated from ‘Umar and ‘Ali (may Allaah be pleased with them) on this topic, and his companions discussed the matter of festivals.
Imaam Abu’l-Hasan al-Aamidi said: the one who is known as Ibn al-Baghdaadi said in his book ‘Umdat al-Haadir wa Kifaayat al-Musaafir: “It is not permitted to attend the festivals of the Christians and Jews. Ahmad stated this in the report of Muhannaa, and his evidence for that is the aayah (interpretation of the meaning):
‘And those who do not witness falsehood [al-zoor]…’ [al-Furqaan 25:72].
He said: (This is) al-Sha’aaneen and their festivals. He said: The Muslims are to be prevented from entering upon them in their synagogues and churches.”


Ibn Uthaymeen said the following[2] about this issue:

Greeting the kuffaar on Christmas and other religious holidays of theirs is haraam, by consensus, as Ibn al-Qayyim, may Allaah have mercy on him, said in Ahkaam Ahl al-Dhimmah: “Congratulating the kuffaar on the rituals that belong only to them is haraam by consensus, as is congratulating them on their festivals and fasts by saying ‘A happy festival to you’ or ‘May you enjoy your festival,’ and so on. Even if the one who says this has been saved from kufr, it is still forbidden. It is like congratulating someone for prostrating to the cross, or even worse than that. It is as great a sin as congratulating someone for drinking wine, or murdering someone, or having illicit sexual relations, and so on. Many of those who have no respect for their religion fall into this error; they do not realize the offensiveness of their actions. Whoever congratulates a person for his disobedience or bid’ah or kufr exposes himself to the wrath and anger of Allaah.”
Congratulating the kuffaar on their religious festivals is haraam to the extent described by Ibn al-Qayyim because it implies that one accepts or approves of their rituals of kufr, even if one would not accept those things for oneself. But the Muslim should not accept the rituals of kufr or congratulate anyone else for them, because Allaah does not accept any of that at all, as He says (interpretation of the meaning):
“If you disbelieve, then verily, Allaah is not in need of you, He likes not disbelief for His slaves. And if you are grateful (by being believers), He is pleased therewith for you. . .” [al-Zumar 39:7]
“This day, I have perfected your religion for you, completed My favour upon you, and have chosen for you Islaam as your religion.” [al-Maa’idah 5:3]
So congratulating them is forbidden, whether they are one’s colleagues at work or otherwise.
If they greet us on the occasion of their festivals, we should not respond, because these are not our festivals, and because they are not festivals which are acceptable to Allaah. These festivals are innovations in their religions, and even those which may have been prescribed formerly have been abrogated by the religion of Islaam, with which Allaah sent Muhammad (peace and blessings of Allaah be upon him) to the whole of mankind. Allaah says (interpretation of the meaning”:
“Whoever seeks a religion other than Islaam, it will never be accepted of him, and in the Hereafter he will be one of the losers.” [Aali ‘Imraan 3:85]
It is haraam for a Muslim to accept invitations on such occasions, because this is worse than congratulating them as it implies taking part in their celebrations.
Similarly, Muslims are forbidden to imitate the kuffaar by having parties on such occasions, or exchanging gifts, or giving out sweets or food, or taking time off work, etc., because the Prophet (peace and blessings of Allaah be upon him) said:
“Whoever imitates a people is one of them.”
Shaykh al-Islaam Ibn Taymiyah said in his book Iqtidaa’ al-siraat al-mustaqeem mukhaalifat ashaab al-jaheem:
“Imitating them in some of their festivals implies that one is pleased with their false beliefs and practices, and gives them the hope that they may have the opportunity to humiliate and mislead the weak.”
Whoever does anything of this sort is a sinner, whether he does it out of politeness or to be friendly, or because he is too shy to refuse, or for whatever other reason, because this is hypocrisy in Islaam, and because it makes the kuffaar feel proud of their religion.
Allaah is the One Whom we ask to make the Muslims feel proud of their religion, to help them adhere steadfastly to it, and to make them victorious over their enemies, for He is the Strong and Omnipotent.


[1] Iqtidaa’ al-Siraat al-Mustaqeem Mukhaalifat Ashaab al-Jaheem by Shaykh al-Islam Ibn Taymiyah, p. 183.
[2] Majmoo’ah Fataawa wa Rasaa’il al-Shaykh Ibn ‘Uthaymeen, 3/369

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