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Sunday, July 6, 2014

Taraaweeh prayers, - Dought&clear, - * Goingaround to different mosques in order to have more focus (khushoo’) in prayer



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I want to know how sound this hadeeth is: “Let each one of you pray in the mosque that is closest to him and not go around to different mosques.” What should we say to the one who goes around to different mosque in order to have more focus and presence of mind in prayer, without missing ‘Isha’ prayer?.
Praise be to Allaah.
As far as I know, there is a difference of opinion concerning the authenticity of this hadeeth. If we assume that it is sound, it may be interpreted as meaning that this applies if doing that may lead to the people abandoning the mosque that is closest to them. Otherwise it is well known that the Sahaabah (may Allah be pleased with them) used to come to the Prophet's Mosque in order to pray behind the Prophet (blessings and peace of Allah be upon him). In fact, Mu’aadh (may Allah be pleased with him) used to pray ‘Isha’ with the Prophet (blessings and peace of Allah be upon him), then he would go back to his people and lead them in prayer, even though it was later.
If a person frequents the mosque because of good recitation, and because that good recitation of the imam helps him to focus in prayer, there is nothing wrong with that. Otherwise, if there is the fear of any problem resulting from that, or there is the fear that this may be regarded as disrespect to the imam of the local mosque, if he (the person who goes to another mosque) is a prominent figure and his going away from the local mosque to another mosque may be regarded as undermining the position of the imam, then in this case we say that he should pay attention to the potential bad consequences of this action and avoid doing it.
And Allah knows best.







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Taraaweeh prayers, - Dought&clear, - * Always recitingQunoot in Witr every night



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I missed ‘Isha’ prayer and the imam began to pray Taraweeh. I joined the prayer with the imam with the intention of praying ‘Isha’. The imam prayed two rak’ahs then he said the salaam, and I remained sitting but did not say the salaam. When he stood up to pray again I stood up with him and completed my ‘Isha’ prayer with him. Is the way I offered this prayer correct? If it was not correct, what should I do?.
Praise be to Allaah.
The scholars differed concerning the ruling on offering an obligatory prayer behind an imam who is offering a naafil prayer. We have quoted some of the scholarly opinions on this matter in the answer to question number 79136.
Imam al-Shafaa’i and Ibn al-Mundhir are of the view that this is permissible, and this is also narrated from Ahmad. The scholars of the Standing Committee and Shaykh Ibn Baaz also favoured this view, and in the question mentioned above we quoted him as saying that it is permissible, namely praying ‘Isha’ behind one who is praying Taraweeh, and that the person praying behind him should complete his prayer on his own after the imam says the salaam.
As for what the questioner did, sitting after the imam said the salaam so that he could follow him in the next two rak’ahs of Taraweeh, there are two scholarly opinions concerning the one who starts his prayer on his own -- can he follow an imam who is leading a congregation? Some of them said that this is not allowed and some of them said that it is valid.
Shaykh al-‘Uthaymeen did not give a definitive opinion concerning this action and he said, after stating that it is permissible for one who is offering an obligatory prayer to pray behind one who is offering a naafil prayer, which includes it being permissible to offer ‘Isha’ prayer behind one who is praying Taraweeh:
Rather what I am not sure about is their waiting for the imam until he starts the next two rak’ahs and completing the prayer with him. This is what I am not sure about, because the Messenger (blessings and peace of Allah be upon him) said: “Whatever you catch up with, pray, and whatever you miss, complete it.” The apparent meaning is that a person should complete what he missed with his imam on his own, meaning that he should not wait until the imam starts another prayer. Rather we say: When the imam says the salaam at the end of the prayer in which you caught up with him, then complete the prayer and do not wait until he starts another prayer. End quote.
Fataawa Noor ‘ala al-Darb(Tape no. 15, side B)
Al-Nawawi thought it more likely that this is permissible, as he said:
If he prays ‘Isha’ behind Taraweeh, that is permissible, and when the imam says the salaam, he should stand up to do the remaining two rak’ahs. It is better for him to complete them on his own. If the imam gets up to do two more rak’ahs of Taraweeh, he should form the intention to follow him again in his two rak’ahs. There are two opinions as to whether it is permissible for one who started the prayer on his own to then intend to follow the imam. The more correct view is that it is valid. End quote.
Al-Majmoo’ Sharh al-Muhadhdhab, 4/270
Based on this, the prayer was valid and you do not have to repeat it, but it is better -- in the future -- to complete your prayer on your own and not to join with the imam again.
The brother who asked this question does not have to repeat the prayer or to repeat the two rak’ahs. The ‘Isha’ prayer that he offered behind the imam who was praying Taraweeh is valid. But we think that it is better for him to complete what remains for him of his prayer on his own. But if he follows the last two rak’ahs with the imam again, that is permissible.
And Allah knows best.




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Taraaweeh prayers, - Dought&clear, - * Is the du’aa’ of Witr obligatory, andwhat should a person say if he cannot memorize it?



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I have noticed that it takes me time to learn a certain dua or surah by heart .i know that dua -e - qunood is farz in 3 witr prayer of the isha prayer...i always used to read some other surah instead of this dua as i did not know the dua by heart but i recently found out that it is farz so i tried to learn the dua but it is taking me time...so for several days i have been doing this that when i do 3 witr , in the third rakah i read from a book which i pick up from the side table during the prayer..i still face the qiblah when i pick it up, infact i do not have to move to pick it up....i want to know if that is allowed that u read a surah or dua from a book during the prayer.
Praise be to Allaah.
1 – There is noting wrong with reading the du’aa’ of Qunoot from a piece of paper or a booklet in Witr prayer until one is able to memorize it, after which you can stop reading it and can recite it from memory. It is also permissible to recite Qur’aan from the Mus-haf during naafil prayers for those who have not memorized a lot of Qur’aan.
Shaykh Ibn Baaz was asked about the ruling on reading Qur’aan from the Mus-haf in Taraaweeh prayer, and what the evidence is for that from the Qur’aan and Sunnah.
He replied:
There is nothing wrong with reading from the Mus-haf when praying at night during Ramadaan because that will enable the believers to hear all of the Qur’aan. And because the evidence of sharee’ah from the Qur’aan and Sunnah indicates that it is prescribed to recite Qur’aan in prayer, which includes both reading it from the Mus-haf and reciting it by heart. It was narrated from ‘Aa’ishah (may Allaah be pleased with her) that she told her freed slave Dhakwaan to lead her in praying night prayers during Ramadaan, and he used to read from the Mus-haf. This was narrated by al-Bukhaari (may Allaah have mercy on him) in hisSaheeh, in a mu’allaq majzoom report.
Fataawa Islamiyyah, 2/155
2 – It is not obligatory for the du’aa’ of Qunoot to be in the words narrated from the Prophet (peace and blessings of Allaah be upon him); rather it is permissible for the worshipper to say other words or to add to them. Even if he were to recite verses from the Qur’aan that include words of supplication, that would be sufficient. Al-Nawawi (may Allaah have mercy on him) said: Note that there is no specific du’aa’ for Qunoot according to the preferred point of view. Any du’aa’ that is said will serve as Qunoot, even if one recites a verse or verses from the Qur’aan that include words of supplication, this will count as Qunoot, but it is better to recite the words that were narrated in the Sunnah.
Al-Adhkaar al-Nawawiyyah, p. 50
3 – As for what the brother mentions about reciting Qur’aan instead of the du’aa’ of Qunoot, there is no doubt that he should not do this, because the purpose behind Qunoot is du’aa’ or supplication. Hence if these verses include words of supplication, it is permissible to recite them as Qunoot, for example, the verse in which Allaah says (interpretation of the meaning):
“Our Lord! Let not our hearts deviate (from the truth) after You have guided us, and grant us mercy from You. Truly, You are the Bestower”
[Aal ‘Imraan 3:8]
4 – With regard to what the brother says about Qunoot being obligatory, this is not correct, because Qunoot is Sunnah. Based on this, if a worshipper omits Qunoot, his prayer is still valid.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about the ruling on reciting the du’aa’ of Qunoot in Witr during the nights of Ramadaan, and whether it is permissible to omit it.
He replied:
Qunoot is Sunnah in Witr and if a person omits it sometimes, there is nothing wrong with that.
And he was asked about a person who always recites Qunoot in Witr every night – was that narrated from our forebears (the salaf)?
He replied:
There is nothing wrong with that, rather it is Sunnah, because when the Prophet (peace and blessings of Allaah be upon him) taught al-Husayn ibn ‘Ali (may Allaah be pleased with him) to say Qunoot in Witr, he did not tell him to omit it sometimes or to do it all the time. This indicates that either is permissible. Hence it was narrated that when Ubayy ibn Ka’b (may Allaah be pleased with him) led the Sahaabah in prayer in the Mosque of the Messenger of Allaah (peace and blessings of Allaah be upon him), he used to omit Qunoot some nights; perhaps that was in order to teach the people that it is not obligatory. And Allaah is the Source of strength.
Fataawa Islamiyyah, 2/159.




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Zakaath, - Dought&clear, - * He has put his car up for sale but he is using it for now until he finds the right price. Does he have to pay zakaah?



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A person has a car on sale until he finds a suitable price. But he still is using it. Shall he pay Zakat on it if it completes a year in this case?.
Praise be to Allaah.
The majority of scholars are of the view that it is obligatory to pay zakaah on trade goods, subject to two conditions:
1 – That he should have taken possession of it through his own actions, i.e., by buying it or accepting it as a gift, not by inheritance, because inheritance comes under the heading of things that a person acquires involuntarily.
2 – That he took possession of it with the intention of selling it. If he took possession of it with the intention of keeping it, then decided to sell it, he does not have to pay zakaah.
Ibn Qudaamah (may Allaah have mercy on him) said: An item is not regarded as trade goods unless two conditions are met:
1 – That he should have taken possession of it through his own actions, either by buying it or accepting it as a gift. It makes no difference whether he took possession of it in return for payment or not.
2 – He should intend at the time of taking possession of it that it is for trade. If he did not intend at the time of taking possession of it that it was for trade, then it is not trade goods even if he formed that intention afterwards.
End quote fromal-Mughni(2/336).
Some scholars are of the view that it becomes trade goods when he forms the intention, even if he did not taken possession of it through his own actions. This was narrated from Ahmad (may Allaah have mercy on him).
Ibn Qudaamah said, after the words quoted above:
It was narrated from Ahmad in another report, that goods become trade goods as soon as one forms the intention to sell them, because of the words of Samurah (may Allaah be pleased with him): The Messenger of Allaah (peace and blessings of Allaah be upon him) commanded us to pay zakaah on that which we prepared for sale. Based on this, it makes no difference whether he took possession of it through his own actions or whether it was in return for payment or not, rather when he forms the intention to sell them, they become trade goods.
End quote fromal-Mughni(2/336).
The first view is the opinion of the Hanbalis, Hanafis, Maalikis and Shaafa’is.
See:Badaa’i’ al-Sanaa’i(2/12);Sharh al-Kharashi ‘ala Khaleel(2/195);al-Majmoo’(6/5) andal-Mawsoo’ah al-Fiqhiyyah(23/271).
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) preferred the second view, which was also narrated from Ahmad, but he differentiated between selling a car or land in order to earn money and make a profit, and selling them because one no longer needs them. In the first case zakaah is due, but not in the second.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: The second view concerning this issue is that it becomes trade goods by intention even if he did not take possession of it through his own actions, and even if he took possession of it with no intention of selling it, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him): “Actions are but by intention and each person will have but that which he intended.” This man formed the intention to sell it so it is trade goods.
For example, if he buys a car for his personal use, then he decides to use it as capital for business. In this case he must pay zakaah when one year has passed since he made that decision. If he has a car that he is using then he decides to sell it then it is not trade goods, because in this case he is not selling it for trade, but because he no longer wants it.
Another example is if he has land that he bought to build on, then he decided to sell it and buy a different piece of land, so he put it up for sale. This is not regarded as trade goods, because the decision to sell in this case is not to use it to raise capital but because he no longer wants it. There is a difference between the person who uses it to raise capital for business and a person who no longer wants this thing and wants to sell it. In the first case zakaah is due according to the most correct opinion, but no zakaah is due in the second case.
End quote fromal-Sharh al-Mumti’(6/143).
To sum up:
If you are selling the car because you no longer want it, then there is no zakaah on it, but if it is in order to do business, earn money from it and make a profit, then you have to pay zakaah when one year has passed since you decided to trade in it. That is not affected by the fact that you are not using it.
And Allaah knows best.



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