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Wednesday, July 9, 2014

Zakaath, - Dought&clear, - * Are printing materials subject to zakaah?




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There is a man who owns a printing press. Is zakaah due on the materials and equipment in the printing press and on what he produces, or is zakaah due only on the products?.
Praise be to Allaah.
Firstly:
In the answer to question no. 74987we have stated that manufacturing equipment, materials and tools which are intended for use and not for sale are not subject to zakaah. Rather zakaah is due on the profits that result from using these tools and equipment, if it reaches the nisaab and one full hijri year has passed.
Based on that, these materials in the printing press are not subject to zakaah.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked a similar question and he replied:
Zakaah must be paid by the owners of printing presses and factories etc on the things that are prepared for sale; as for the things that are prepared for use, no zakaah is due on them. The same applies to cars, furniture and vessels that are prepared for use; no zakaah is due on them, because of the report narrated by Abu Dawood (may Allaah have mercy on him) with a hasan isnaad from Samurah ibn Jundub (may Allaah have mercy on him) who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to command us to pay zakaah on that which we had prepared for sale. End quote.
Majmoo’ Fataawa Ibn Baaz, 14/186-187
Shaykh Ibn ‘Uthaymeen was asked about a man who had a laundry, and some people said to him: You have to pay zakaah on the equipment that you have. Is this correct?
He replied: Zakaah is to be paid on trade gods, which are things that a person buys and sells, and whenever he thinks he can earn something he sells it and whenever he thinks he will not earn anything he does not sell it. Laundry materials are not regarded as trade gods, because the owner of the laundry wants to keep them with him, so they come under the same heading as what a man keeps in his house such as furniture, vessels and so on. So zakaah is not due on them. Whoever told him that zakaah is due on them is mistaken.
Majmoo’ Fataawa Ibn ‘Uthaymeen, 18/207
Secondly:
Zakaah is due on the profits of this printing press if they reach the nisaab and one full hijri year passes; one quarter of one tenth must be paid, i.e., 2.5 %.
Thirdly:
There are some of the goods owned by the printing press that are regarded as trade goods; this includes everything that the printing press buys with the aim of re-selling it after making some changes to it, such as paper, ink, materials used for binding books, and books owned by the printing press which they print in order to sell, etc.
All of these things are regarded as trade goods, so their value should be calculated at the end of every year, and zakaah paid at a rate of 2.5 per cent.
SeeMajallat al-Majma’ al-Fiqhi, 4/1/735, article by Dr. Wahbah al-Zuhayli.




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Fasting, - Doupht&clear, - * Can he break the fast because his work is too hard?




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Is it permissible for those who do hard work to break the fast during Ramadaan, such as those who work in foundries and factories and do other kinds of hard work?.
Praise be to Allaah.
Some scholars have issued fatwas saying that it is permissible for these people not to fast. I sent the fatwa to Shaykh ‘Abd-Allaah ibn Muhammad ibn Humayd and Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on them) for their comments on it and they said:
The basic principle is that it is obligatory to fast Ramadaan, and to form the intention to fast from the night before, for all adult Muslims, who should start the day fasting, except for those to whom the Lawgiver has granted a concession, who are allowed not to fast – namely the sick, travellers and those who come under those headings. Those who do hard work come under the heading of those who are obliged to fast and they are not like the sick or travellers. They have to form the intention to observe the Ramadaan fast from the night before, and to start the day fasting. If one of them is forced to break the fast during the day, then it is permissible for him to break the fast with enough to ward off any harm, then he must refrain from eating and drinking for the rest of the day, and he has to make up that fast at the proper time. If there is no such necessity then it is obligatory to complete the fast. This is what is indicated by the shar’i evidence from the Qur’aan and Sunnah, and it is what is indicated by the words of the scholars of all madhhabs.
Those in positions of authority among the Muslims among whom are people who do hard work should examine their case when Ramadaan comes, and if possible, they should not burden them with too much work that may force them to break the fast during the day in Ramadaan, rather they should have the work done at night, or distribute work hours in a fair and just manner so that people may both work and fast.
As for the fatwa referred to, this has to do with an individual case where they issued a fatwa based on their ijtihaad for which they are to be appreciated, but they did not mention the conditions that we have mentioned or the view of the scholars of all madhhabs. We ask Allaah to help us all to do that which is good. End quote.
Shaykh ‘Abd-Allaah ibn Muhammad ibn Humayd (may Allaah have mercy on him).
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him).
Majmoo’ Fataawa Ibn Baaz, 14/245
And Allaah knows best.





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Fasting, - Doupht&clear, - * When can a menstruating woman fast?




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My monthly period usually lasts between seven and eight days. Sometimes on the seventh day I do not see any blood, nor any sign that the period is over. What is the ruling on praying, fasting and having intercourse in this case?
Praise be to Allaah.
Do not hasten until you see the white discharge which women recognize and which is the sign that the period is over. The fact that the bleeding has stopped does not mean that the period is over. When you see the sign that the period is over, and the usual number of days has passed, then the period is over.




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Fasting, - Doupht&clear, - * Not fasting because of military parades and marches, and because of the fear of dying




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We went out in Ramadaan on a military parade in Palestine, marching for nearly four hours. In the end we came back and we were nearly dying. There were some people who broke their fast because they could not bear the exhaustion and they looked as if they were about to die. Is what some of the young men did of breaking their fast wrong? What is the solution if it was wrong?.
Praise be to Allaah.
Firstly:
We ask Allaah to show us a day when the Jews who have usurped the land of the Muslims will be humiliated, and to make His religion prevail and restore people’s rights to them. And we ask Him to accept those Muslims who die defending their religion, honour and land as martyrs. We ask Him to help the mujaahideen and those who are striving to serve Islam and support the oppressed.
Secondly:
Breaking the fast during the day in Ramadaan for those who have legitimate excuses is undoubtedly permissible, and may be obligatory in some cases. That includes breaking the fast when meeting the enemy, or beforehand in order to prepare to meet them and fight them. There is evidence in the saheeh Sunnah which indicates that this is obligatory.
It was narrated that Abu Sa’eed al-Khudri (may Allaah be pleased with him) said: We traveled with the Messenger of Allaah (peace and blessings of Allaah be upon him) to Makkah when we were fasting. We made a stop, and the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “You have drawn near to your enemy, and breaking the fast will make you stronger.” This was a concession, so some of us fasted and some did not. Then we made another stop and he said: “In the morning, you are going to meet your enemy. And breaking the fast will make you stronger, so break the fast.” He emphasized it (the second time), so we broke the fast. Narrated by Muslim 91120).
For more details on that, please see the answer to question no. 12641.
If what you did was urgent training to prepare to meet the Jewish enemy, then it is permissible for the one who wants to meet the enemy to help himself by not fasting and thus strengthen himself for fighting. But if what you did was training that could have been delayed, or was a parade after which you would not meet the enemy, then it seems that it was not permissible for you to break the fast. A distinction should be made between the two matters and it is not permissible to confuse them. The first case in which is it permissible or obligatory to break the fast is when it is certain or most likely that you will meet the enemy, and the second case in which it is not permissible to break the fast is when it is a military parade and training in which you are not preparing to meet the enemy soon, or it could be delayed until after sunset, so that the troops will be able to do the training and fast.
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said:
An example of that is one who needs to break the fast in order to gain strength for jihad for the sake of Allaah in fighting the enemy. He may break the fast and should make up the fasts that he misses, whether that is when he is travelling or he is in his homeland, if the enemy comes there, because that is defending the Muslims and making the word of Allaah supreme. InSaheeh Muslimit is narrated that Abu Sa’eed al-Khudri (may Allaah be pleased with him) said: We traveled with the Messenger of Allaah (peace and blessings of Allaah be upon him) to Makkah when we were fasting … and he quoted the hadeeth. This hadeeth suggests that gaining strength for fighting is a reason separate from travelling, because the Prophet (peace and blessings of Allaah be upon him) gave the reason for breaking the fast as gaining strength for fighting the enemy, not travelling. Hence he did not tell them to break the fast at the first halting-place.
Majaalis Shahr Ramadaan(eighth session).
Inal-Mawsoo’ah al-Fiqhiyyah(28/57) it says:
They (the scholars) added to the exhaustion of hunger and thirst the fear of physical weakness when meeting the enemy that one is likely or certain to meet, such as if one is surrounded. If the warrior knows for certain or thinks it most likely that there will be fighting because he is confronting the enemy, and he is afraid that he will be too weak to fight because of fasting, and he is not travelling, then he may break the fast before fighting.
Al-Bahooti said: If someone is fighting the enemy or the enemy has surrounded his town and fasting will make him too weak to fight, then breaking the fast is justified even if he is not travelling, because there is a need for that. End quote.
Thirdly:
If those who broke the fast with you thought it most likely that they would be able to continue fasting, and for that reason they joined the parade with you, then fasting became so difficult for them that they were afraid that they might die, it was permissible for them to break the fast, and in fact that was obligatory for them, so long as they broke the fast by eating and drinking only as much as was needed to remove the fear of dying, after which they should have refrain from eating and drinking until sunset. They have to make up that day and not do that again so long as they have no concession allowing it.
The scholars of the Standing Committee said:
If the fasting person needs to break the fast during the day, and if he does not break the fast he fears that he may die, he should break the fast at the time he has to, and after consuming what he needs to keep body and soul together, he should refrain from eating and drinking until night comes, and he should make up the day when he broke his fast after Ramadaan ends, because of the general meaning of the words of Allaah (interpretation of the meaning):
“Allaah burdens not a person beyond his scope”
[al-Baqarah 2:286]
“Allaah does not want to place you in difficulty”
[al-Maa’idah 5:6]
Majallat al-Buhooth al-Islamiyyah(24/67).
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked:
What is the ruling on one who spoils an obligatory fast because of thirst?
He replied:
The ruling is that it is haraam for one who is observing an obligatory fast, whether that is in Ramadaan or when making it up, or fasting as an expiation (kafaarah) or a ransom (fidyah – in the case of errors made during Hajj) to spoil his fast. But if his thirst becomes so intense that he fears he may be harmed, or that he may die, then it is permissible for him to break his fast and there is no sin on him. Even if that happens in Ramadaan, if he fears he may be harmed or die, it is permissible for him to break the fast.
Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen(19/question no. 149).
Inal-Mawsoo’ah al-Fiqhiyyah(28/56) it says:
If a person is overcome by severe hunger or thirst, he may break the fast and make it up later on.
The Hanafis limited it to two conditions:
1 – If he fears that he may die, and thinks that is most likely, not just something that he imagines, or if he is afraid that he may lose his mind or lose some of his faculties, such as pregnant and breastfeeding women, if they fear that they or their children may die.
The Maalikis said that if a person fears for himself then it is haraam for him to fast, because preserving one’s life and faculties is obligatory.
2 – He should not deliberately exhaust himself.




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