Fathwa, - Separation between spouses is not divorce, even if it lasts long

Question
Assalam o Alaikum brother I would like to ask sumthing from you asyou
have better knowledge. When I got married to my husband he said that I
could ask for separation or divorce whenever i wanted. Doesthat mean
he has given me right to divorce myself whenever i want? We had some
issues in our marriage and I didnt want to be with him anymore. I am
not with him for last 3 months now. M I divorced already? He doesnt
want to leave me and want meto go back to him. But as i had intended
to leave him and not been with him for last 3 months. I am not sure if
I am divorced already or not? Can you please help me with this. If I
go back to him is there a nikkah to be done again or we can just start
living together again? Wasalam Sister
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
, is His Slave and Messenger.
The saying of the husband to his wife that she could ask for
separation or divorce whenever she wants is not an authorization for
the wife to divorce herself. Rather, the wife has the right to seek
divorce if there is a sound reason for that. We have pointed out the
valid reasons for seeking divorce in Fatwa 131953 . For more benefit,
kindly refer to Fataawa 85390 and 86307 .
The principle state is that the marriage is still valid and the wife
is still married to her husband until her husband, the Islamic judge,
or whatever acts on his behalf dissolves her marriage, like the
Islamic centers. Accordingly, you know that you are still in marriage
with your husband and what you have stated that you have intended to
leave him and the like does nothave any effect. If marriage is still
valid, then there is no need for what was stated of renewing the
contract. Each of you should deal with the other kindly andeach of you
should know his duties and fulfill themproperly. In that way,
thefamily will be stable and happy. Please refer to Fataawa 85308 and
85167 about the rights of the husband and wife upon each other.
As for divorce, its ends are mostly bad and it leads to the break-up
of the family and the loss of children, if the couple areblessed with
children. So,both husband and wife should observe patience towards one
another, both of them should overlook the minor mistakes of the other,
and mutual understanding and respect should prevail among them.
If the situation reaches a dead end and life between them becomes
miserable and the woman hates her husband and fears not to fulfill his
rights, then she has the right to seek divorce from him, even inreturn
for compensation to be paid for the husband. That is what the
scholars call Khul'. Formore information, pleaserefer to Fatwa 89039 .
We should draw attention to the following two matters:
Firstly, separation between the husband and wife is not deemed divorce
no matter how long it lasts as we have pointed out in Fataawa 82732
and 89825 .
Secondly, the wife shouldnot leave the marital house or go out of her
husband's house withouthis permission except with a sound reason;
otherwise, she will be disobedient to her husband and to her Lord.For
more benefit, please refer to Fatwa 99860 .
Allaah Knows best.- -e-p - ▓███▓ Translator:->
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Fathwa, - It is not undutifulness to let old parents cook for adult sons

Question
Salaamu Alaykum dear Shaykh, I am in urgent need of an answer for
mySituation. May Allah guide us to his truth. Ameen. I have two
Questions bi ithnillah ta ala : 1. I am 22 years old and my Parents
have reached an old age (Mother is over 60 and Father over 70, both
live seperate) and they still cook food for us (2 brothers who live
with them) when we are at their place. I dont want them to do this as
they have reached an old age ma sha Allah and I am also scared of
being accounted for it on Yawmal-Aakhir. It would be nota problem if
they dont cook anymore as I could take care of myself with the help of
Allah. What is the best do? Tell them not to cook? Eat outside? Do
anything else? Please clarify in sha Allah... 2. What is the ruling
regarding obedience to them and the way of treatment as they were born
in a muslim country,used to pray etc but now have stopped all these
acts of obedience to Allahsubhana wa ta ala... My Father doesnt want
to pray and my mother prays maybe once in 2 or 3 months as she wants
to... Please help me out with my Situation and may Allah reward you.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
isHis slave and Messenger.
First of all, may Allaah reward you for your keenness on being kind
and dutiful to your parents and for being merciful to them.
The Sharee'ah has highlighted the right of being kind and dutiful to
the parents in all cases even if they are wrong asthis does not make
them lose this right. The best way of being kind and dutiful to your
parents is to endeavor to guide them to the straight path and teach
them the matters of their religion. Also, you should supplicate Allaah
to guide them and enable them to repent, and you should remind them of
Allaah and the bad fate of the one who dies while he is negligent of
his religion especially theprayer which is the pillar of Islam and the
link between a person and his Lord.
For more benefit on how to be kind and dutiful to the parents and how
to invite them to preserve the prayer, please refer to Fataawa 21794 ,
82254 and 19274 .
Also, you should endeavor to eliminate the causes of this dissension
between your parents as much as possible and reunite the family.
As regards cooking, then if they are able to do so, then it might be
more appropriate to let them do it as this might be useful for them
and they might feel at ease when serving their children. However, you
should help them as much as possible even by purchasing food from
restaurants sometimes and the like.
But if they, or one of them, cook with difficultyand they need help or
a servant to help them and the like, then the children are obligated
to serve them each according to his own ability. Ibn Muflih saidin
Al-Aadaab Ash-Shar'iyyah while clarifying the rights of the parents on
their children: " Among their rights is to serve them if they both or
one of them needs to be served, and honor their invitation and obey
their order as long as it is not a sin. "
Allaah Knows best.- -e-p - ▓███▓ Translator:->
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Fathwa, - He wrote a house in his second wife's name before his death

Question
Assalaamu 'Alaykum; Please calculate the inheritance according to the
following information -Does the deceased have male relatives who are
entitledto inherit: (A son) Number 5 -Does the deceased have female
relatives who are entitledto inherit : (A daughter) Number 5 (A wife)
Number 1 - Additional information: Assalamu alaikum, My father did
second marraige after hisfirst wife died. From his first wife he had 3
sons and 3 daughters. and from second wife 2 sons and 2 daughters. Am
from second mother. When my father was alive he wrote house in my
mother name, in which we are staying. Now he is no more. My other
brothers(Sons of first mother) they are demanding share from my mother
from this house. How we have to divide the share. What precations to
be taken, please guide me.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
isHis slave and Messenger.
If the deceased did not leave any other heir except those mentioned in
the question, then his wife gets one-eighth of the inheritance as her
legal share due to the existence of direct heirs (children); Allaah
says (what means): { But if youleave a child, then for them [i.e. the
wives] is aneighth of what you leave,after any bequest you [may have]
made or debt. } [Quran 4:12]
The remainder will be divided amongst the sonsand daughters by
Ta'seeb(by virtue of having a paternal relation with the deceased and
not having an allotted share, so they get what is left after the
allotted shares have been distributed); the male twice the share of
the female as Allaah says (what means): { Allaah instructs you
concerning your children[i.e. their portions of inheritance]: for the
male, what is equal to the share of two females. }[Quran 4:11]
Therefore, the inheritance should be divided into 120 shares, the wife
gets one-eighth,which is 15 shares, each son gets 14 shares, and each
daughter gets 7 shares.
As regards the house whom the deceased had written in the name of his
wife, then if he had done so as a will that she takes after his death,
then this is a will for an heir and it is forbidden inIslam. This will
cannot be effective except after the consent of all the other heirs
for the Hadeeeth of Abu Umaamah Al-Baahili who said: " I heard
theMessenger of Allaah saying: ' Verily Allaah has given every
rightful person his right, so there is no bequest for an heir. ' This
was related by Ahmad , Abu Daawood , Ibn Maajah , and At-Tirmithi .
Ahmad and At-Tirmithi deemed it Hasan (good). Ibn Khuzaymah and Ibn
Al-Jaarood deemed it strong. Ad-Daaraqutni reported it from Ibn
'Abbaas but added at the end of it: ' Unless the heirs agree to this
'. Ibn Hajar considered its Isnaad (chain of narrators) to be Hasan.
Therefore, if your half-brothers from your father's former wife do not
agree to make this will effective, then they have the right to take
their share from the house and it is not permissible for your mother
to prevent them from their right.
On the other hand, if the deceased had written thehouse as a Hibah
(gift) to his wife, not as a will to be effective after his death,
then if he had gifted it to her during hisdeath sickness, then this
gift is not effective because the gift during death sickness takes the
same ruling of the will [i.e. not effective and forbidden]. Ibn
Al-Munthir said: " All the scholars whom I know their statements
agreed that the ruling of gifts during the illness in which the donor
died hasthe same ruling as the will; this is the view of Al-Madeeni,
Ash-Shaafi'i, and Al-Koofi. " Since it has the same ruling as a will,
then the previous explanation applies to it that it is not effective
except with the consent of the other heirs.
However, if the deceased had gifted the house to his wife while he was
in good health and he was not during an illness that might cause him
to die, then a man gifting the house where he lives to his wife is not
consideredan effective gift until he himself goes out of it
(thehouse), and takes all his belongings from it and she takes
possession of the house and disposes of it as if it was her own
property, so if he had notdone so and he lived in itwith her until he
died, then it becomes inheritance that should be divided among the
heirs like all his other wealth, and in this case the gift is
considered void as stated by some jurists.
Allaah Knows best.

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Many benefits of seeking forgiveness

Do you want to have peace of mind, reassurance, and joy?
You should ask for the forgiveness of Allaah The Almighty. Allaah The
Almighty Says (what means): } And [saying],"Seek Forgiveness of your
Lord and repent to Him, [and] He Will Let you enjoy a good provision {
[Quran 11: 3]
Do you want to have a strong body and be healthy; free of diseases and
disabilities? You should ask for the forgiveness of Allaah The
Almighty. Allaah The Almighty Says (what means): } AskForgiveness of
your Lord and then repent to Him. He will send [rain from] the sky
upon you in showers and Increase you in strength [added] to your
strength. { [Quran 11: 52]
Do you want to drive disasters and accidents away and be safe from
Fitnah (trials) and dilemma? You should ask for the forgiveness of
Allaah The Almighty. Allaah The Almighty Says (what means): } But
Allaah would not punish them while you, [O Muhammad], are among them,
and Allaah would not punish them while they seek forgiveness. { [Quran
8: 33]
Do you want rain in continuing showers, righteous children, lawful
money, and expanded sustenance? Then you should ask for the
forgiveness of Allaah The Almighty. Allaah The Almighty Says (what
means): } And said, 'Ask forgiveness of your Lord. Indeed, He Is ever
a Perpetual Forgiver. He will send [rain from] the sky upon you in
[continuing] showers. And give you increase inwealth and children and
provide for you gardens and provide for you rivers. { [Quran 71: 10-
12]
Do you want your sins to be forgiven, your rewards to be increased,
and your rank to be elevated? You should ask for the forgiveness of
Allaah The Almighty. Allaah The Almighty Says (what means): } And say,
'Relieve us of our burdens.' We will [then] forgive your sins for you,
and We will Increase the doers of good [in goodness and reward]." {
[Quran 2: 58]
Asking for forgiveness is the successful remedy for getting rid of
sins. This is why the Prophet, , ordered us to ask for the forgiveness
of Allaah The Almighty frequently. The Prophet, , said: "O people! Ask
for the forgiveness of Allaah and repent to Him as I ask for the
forgiveness of Allaah and repent to Him one hundred times a day."
Allaah The Almighty is satisfied with the one who asks for His
forgiveness as this person acknowledges his sin as if he says, "O
Allaah! I have made a mistake and I was negligent withYour rights as I
wronged myself and the devil tempted me and mysoul which is a
persistent enjoiner of evil betrayed me. I relied on Your mercy,
forgiveness,and forbearance. Now, I come to You while repenting and
regretting, so forgive me, removemy sins and mistakes as I do not have
any other Lord but You. O Allaah! Even if my sins are grave Your
Forgiveness is greater and more comprehensive ."- -e-p - ▓███▓
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