Ramadan File, Dought & clear, - * The muezzin gave the adhaan seven minutes before the proper time and they broke their fast.

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We broke our fast when the neighbourhood muezzin gave the adhaan, and seven minutes later we heard another muezzin. After asking our local muezzin we found out that he had given the adhaan by mistake, thinking that the time had started. What should the people of our neighbourhood do?.
Praise be to Allaah.
If a person breaks his fast thinking that the sun has set, then he finds out that it had not set, he has to make up that day. This is the view of the majority of scholars.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni(4/389):
This is the view of most of the scholars, fuqaha’ and others. End quote.
The Standing Committee was asked about a man who broke his fast based on his two daughters’ saying that the sun had set, then when he went out to pray, he heard the muezzin giving the call for Maghrib prayer.
They replied:
If you broke your fast after the sun had set, then you do not have to make up that day. But if you find out or you think it most likely or you are not sure whether you broke your fast before the sun set, then you and those who broke their fast with you have to make up that day, because the basic principle is that it was still daytime, and this principle cannot be altered except in accordance with sharee’ah, which in this case means when sunset happens. End quote.
Fataawa al-Lajnah al-Daa’imah, 10/288
Shaykh Ibn Baaz was asked about some people who broke their fast and then found out that the sun had not set. He replied:
The person to whom that happened should refrain from eating and drinking until the sun sets, and he has to make up that day according to the majority of scholars. There is no sin on him if he broke his fast after doing his best to find out whether the sun had set. This is like when a person wakes up during the day on the thirtieth day of Sha’baan, then he finds out during the day that Ramadaan has begun. He should refrain from eating and drinking for the rest of the day, and he should make up that day according to the majority of scholars, and there is no sin on him, because when he ate and drank he did not know that it was Ramadaan. His ignorance of that means that there is no sin on him. As for making it up, he must make it up. End quote.
Majmoo’ Fataawa Ibn Baaz, 15/288
Some scholars are of the view that fasting is valid in this case, and that it is not essential to make it up. This was narrated from Mujaahid and al-Hasan, and it is the view of Ishaaq and of Ahmad according to one report, and of al-Muzani and Ibn Khuzaymah. It was the view favoured by Shaykh al-Islam Ibn Taymiyah, and was regarded as more likely to be correct by Ibn ‘Uthaymeen.
SeeFath al-Baari, 4/200;Majmoo’ Fataawa li Shaykh al-Islam, 25/231;al-Sharh al-Mumti’, 6/402-408
They quoted as evidence the hadeeth narrated by al-Bukhaari (1959) from Hishaam ibn ‘Urwah from Faatimah from Asma’ bint Abi Bakr al-Siddeeq (may Allaah be pleased with him) who said: “We broke our fast at the time of the Prophet (peace and blessings of Allaah be upon him) on a cloudy day, then the sun came out.” It was said to Hishaam: Were they commanded to make it up? He said: It has to be made up. Ma’mar said: I heard Hishaam say: I do not know whether they made it up or not.
The words of Hishaam, “It has to be made up” were said by him on the basis of his ijtihaad. He did not say that the Prophet (peace and blessings of Allaah be upon him) commanded them to make it up. Hence al-Haafiz said:
As for the hadeeth of Asma’, it cannot be deduced from it that it should be made up or that it should not. End quote.
Shaykh Ibn ‘Uthaymeen said inal-Sharh al-Mumti’(6/402):
So they broke their fast during the day based on their assumption that the sun had set but they were unaware not of the shar’i ruling but of the situation. They did not think that it was still daytime. But the Prophet (peace and blessings of Allaah be upon him) did not tell them to make it up; if making it up had been obligatory it would have been the law of Allaah and it would have been known, but since it was not known and was not narrated from the Prophet (peace and blessings of Allaah be upon him), the basic principle is that the duty has been discharged and it does not have to be made up. End quote.
Shaykh al-Islam Ibn Taymiyah said inMajmoo’ al-Fataawa(25/231):
This indicates that it is not obligatory to make it up. If the Prophet (peace and blessings of Allaah be upon him) had told them to make it up, that would have been well known as it is narrated that they broke their fast. Since that was not narrated, this indicates that he did not tell them to do that. If it is said, that it was said to Hishaam ibn ‘Urwah, “Were they commanded to make it up?” and he said, “Is there any other alternative?” – the answer is that Hishaam said that on the basis of his own opinion and did not narrate that in the hadeeth. The fact that he did not have any knowledge of that is indicated by the fact that Ma’mar is reported to have said: I heard Hishaam say: I do not know whether they made it up or not. Both were narrated from him by al-Bukhaari. Hishaam narrated from his father ‘Urwah that they were not commanded to make it up, and ‘Urwah was more knowledgeable than his son.” End quote.
If you want to be on the safe side and make up a day in its place, then you are doing well. Making up one day is a simple matter, praise be to Allaah, and there is no sin on you for what happened.
And Allaah knows best.

- PUBLISHERNajimudeeN M

Ramadan File, Dought & clear, - * Zakaah on jewellery that has been prepared for use.

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My father-in-Law gave 560grams Gold ornaments at the time of Marriage in 1994. Also we got some gold jewels as a gift from relatives at the time of my wife delivery. I bought some Jewels for my wife in the mean time(1994-2004). Now my wife told me that we have to give 240 Grams gold as a Zakaat.
My Question is: I should pay Zakaat for all the above 3 categories ?.
Praise be to Allaah.
Jewellery that has been prepared to be worn and used as an adornment is something concerning which the fuqaha’ differed as to whether it is obligatory to pay zakaah on it. The Hanafis are of the view that it is obligatory to pay zakaah on it, but the majority of Maalikis, Shaafa’is and Hanbalis are of the view that it is not obligatory to pay zakaah on it.
The more correct view is that of the Hanafis, because of the great deal of evidence, including the following:
1 – The general meaning of the evidence which indicates that it is obligatory to pay zakaah on gold and silver, without differentiating between jewellery that is worn and other kinds.
2 – It was narrated that ‘Aa’ishah (may Allaah be pleased with her), the wife of the Prophet (peace and blessings of Allaah be upon him), said: The Messenger of Allaah (peace and blessings of Allaah be upon him) entered upon me and I was wearing rings of silver on my hand. He said: “What is this, O ‘Aa’ishah?” I said: “I made them to adorn myself for you, O Messenger of Allaah.” He said: “Have you given zakaah on them?” I said: “No.” He said: “The punishment for them in Hell is enough for you.”
Narrated by Abu Dawood, 155; classed as saheeh by al-Albaani inSaheeh Abi Dawood.
It was narrated from ‘Amr ibn Shu’ayb, from his father, from his grandfather, that a woman came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and she had a daughter of hers with her. On her daughter’s hand were two thick bracelets of gold. He said to her: “Have you given the zakaah on these?” She said: “No.” He said, “Would you like Allaah to make you two bracelets of fire on the Day of Resurrection because of these?” So she took them off and gave them to the Prophet (peace and blessings of Allaah be upon him) and said: “They are for Allaah and His Messenger.” Narrated by Abu Dawood, 1563; al-Nasaa’i, 2479; classed as hasan by al-Albaani inSaheeh Abi Dawood.
Secondly:
You have to pay zakaah when you come to know that it is obligatory. As for the years that have passed when you did not know that zakaah was obligatory on jewellery that has been prepared for use, you do not have to pay zakaah on it.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about a woman who has jewellery for adornment that stayed with her for years, then she came to know that it was obligatory for her to pay zakaah on it – did she have to pay zakaah for the past years? He replied: You have to pay zakaah from the time when you came to know that it is obligatory to pay zakaah on jewellery. As for the past when you did not know about that, it is not obligatory for you to pay zakaah, because the rulings of sharee’ah are only binding after one comes to know of them.
Fataawa Islamiyyah, 2/84.
With regard to a similar matter, he said (2/85):
She has to pay zakaah on her jewellery in the future each year if it reaches the nisaab (minimum threshold)… as for the years that have passed, before she came to know that zakaah must be paid on jewellery, she does not have to do anything about them, because she was unaware of that and because there is some element of confusion concerning this issue, since some of the scholars do not think that it is obligatory to pay zakaah on jewellery that is worn or is prepared to be worn. But the more correct view is that it is obligatory to pay zakaah on it, if it reaches the nisaab and one full (Hijri) year has passed, because of the evidence of the Qur’aan and Sunnah to that effect.
Thirdly:
Zakaah on jewellery that is prepared to be used applies to jewellery of gold and silver. Based on this, there is no zakaah on gems that you have bought, if they are not gold or silver.
See also question no. 40210.
Fourthly:
The zakaah must be paid by the owner of the jewellery, not by the husband.
Shaykh Ibn Baaz (may Allaah have mercy on him) said: “Zakaah must be paid by the owner of the jewellery. If it is paid by her husband or someone else on her behalf and with her permission, there is nothing wrong with that. The zakaah need not be paid from the jewellery itself, rather it is sufficient ti give the equivalent value each time one year passes, according to the value of gold and silver in the market when the year has passed.
Fataawa Islamiyyah, 2/85
But if the gift has been given to you both, and you have not given your share of it to your wife, then you have to pay the zakaah on your share, if it meets the nisaab, which is 85 grams.
The amount that must be paid is one-quarter of one-tenth or 2.5%, so for one hundred grams it is two and a half grams.
And Allaah knows best.

- PUBLISHERNajimudeeN M