Islamic Articles - Dought&clear, - * Will her deceased husband be punished because his mother delayed giving his wife her due share of the inheritance?

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My husband died before the marriage was consummated, and I have an inheritance with his mother, but she is depriving me of it and will not give me the value of that share. Almost one year has passed; am I obliged to give zakaah on it? I do not know how much it is.
Also, will my husband be punished or kept from being granted bliss in his grave because of the delay in sharing out of the inheritance? In order for him not to be punished, do I have to let him off with regard to my mahr and my inheritance?
Praise be to Allah.
Taking possession and gaining ownership of the wealth is one of the conditions of zakaah being obligatory; there is no zakaah on wealth when possession and ownership thereof is not established, because when possession and ownership are not established, the owner of the wealth cannot dispose of it in his own interests, so it is more appropriate that no one else should be entitled to any rights over it before possession and ownership are established.
The scholars of the Standing Committee were asked:
My father died – may Allah have mercy on him – and he left behind in his estate some money that was deposited in bank accounts. Because the division of this money to the heirs was not completed until after more than two years had passed since the death of our father for a number of reasons, some of which were beyond our control and others were due to the fact that some of the heirs live abroad and were late in appointing someone to attend court, and it took some time for those banks to decide about division of the estate, no zakaah has been paid on that money since the death of our father, may Allah have mercy on him. As a little more than two years have passed since then, should the zakaah be paid on the shares of all the heirs put together or should it be paid on each share on its own, and what is the rate of zakaah?
The committee replied:
If the situation is as described, then no zakaah is due on the wealth of your father for the two years during which the estate was not divided, because it was not possible for each of the heirs to take possession of his share, for reasons that were beyond the control of the heirs, and because some of the heirs were far away and they were scattered, which was a cause of the delay in the division of the estate being carried out, as you mentioned. So the share of each heir comes under the ruling on wealth the ownership of which is not established, and one of the conditions of zakaah being valid is that possession and ownership should be established. But when each heir has taken his share of the estate, if one full year passes and it reaches the minimum threshold (nisaab), then zakaah becomes due at the rate of one quarter of one tenth (2.5%). End quote.
Based on that, you do not have to pay zakaah on any inheritance which you have not been able to take possession of or have it at your disposal, or know the value thereof, because your ownership is not established and you are not able to dispose of it in your own interests or in the interests of anyone else. If you do become able to take possession of it or dispose of it, then you must pay zakaah on it from the time when you become able to dispose of it, if it reaches the minimum threshold, when one full year has passed.
Secondly:
Your husband will not be punished for what his mother does of delaying your inheritance or depriving you of the inheritance to which you are entitled, so long as he did not leave instructions to that effect or ask his mother to deprive you of the inheritance, and he did not approve of that during his lifetime, because he has no control over this wealth after his death. When he died, it passed to his heirs and it is now the property of his heirs, and is not his property. So he will not be accountable for what others do with his wealth. Allah, may He be exalted, says (interpretation of the meaning):“On no soul does Allah place a burden greater than it can bear. He gets reward for that (good) which he has earned, and he is punished for that (evil) which he has earned” [al-Baqarah 2:286].
Al-Bukhaari (6442) narrated that Ibn Mas‘ood said: The Prophet (blessings and peace of Allah be upon him) said: “Which of you loves the wealth of his heir more than his own wealth?” They said: O Messenger of Allah, there is no one among us but his own wealth is dearer to him than that of his heir. He said: “Verily his wealth is that which he has sent on ahead (by spending it in charity and good causes, so the reward for it is stored up for him), and the wealth of his heir is that which he has kept back.”
After his death it is described as his heir’s wealth.
Al-Haafiz (may Allah have mercy on him) said:
Everything that the deceased leaves behind becomes the property of the heir.
End quote fromFath al-Baari(11/260)
And Allah knows best.

- PUBLISHERNajimudeeN M

Islamic Articles - Dought&clear, - * He was the cause of his grandfather losing his Social Security pension; is he liable for that?

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Ten or more years ago, my paternal grandfather was not working because he was old, and he was given a sum of money every year by Social Security. Then I registered a company in his name, and I registered employees too, then after that he lost the Social Security pension that he used to get every year, because of the company I registered in his name. Of course all the money earned by the company was for me, because I was a government employee and I was not allowed to open a company. Hence I had no choice but to use my grandfather's name, which I did with his consent. Please note that my grandfather did not understand anything because of his great age, as he had reached the age of nearly eighty years. Then he died (may Allah have mercy on him) approximately 5 years after the date of registering the company. After he died, I fired all the workers who had been under his sponsorship, and I shut down the company.
My question now is:
Am I liable for his pension during these five years that he used to get from Social Security, that was withheld from him by Social Security because of my registering a company in his name and changing his profession from pensioner to businessman?
Praise be to Allah.
Firstly:
If your grandfather had given you permission to do that, and he was in his right mind and aware of the consequences that would result from his giving you permission, then you are not liable for what resulted from that of his being deprived of his pension.
Al-Kaasaani said: The one who is given permission is not liable for the consequences of an action for which he was given permission.
End quote from Badaa’i‘ as-Sanaa’i‘, 7/305
As-Subki said: Approval of a thing means approval of what results from it.
End quote fromal-Ishtibaah wa’n-Nazaa’ir, 1/152
Ibn al-Qayyim said: The one who is given permission to do an action is not liable for the consequences result from it.
End quote fromI‘laam al-Muwaqqi‘een, 2/33
Shaykh Ibn ‘Uthaymeen said: A person is not liable for anything that may result from an action for which permission was given; if no permission was given, then he is liable.
End quote fromManzoomah fi Usool al-Fiqh, p. 15
Secondly:
If your grandfather was not aware of anything at the time when you registered the company in his name, then his consent is not valid, according to sharee‘ah.
As you were the cause of his losingof his Social Security pension, then you are liable for his pension for the five years during which he stopped receiving it. Liability usually occurs when damage is caused to something or its owner is caused to miss out on its benefits.
Shaykh al-Islam Ibn Taymiyah said: Damage is of two types: damaging something that exists or causing the loss of benefits of something that did not come about when it should have been there.
End quote fromal-Fataawa al-Kubra, 5/406
The total sum of money should be distributed to his heirs in accordance with the shares dictated by sharee‘ah.
And Allah knows best.

- PUBLISHERNajimudeeN M

Quraanic Exegesis, Dought&clear, - * Tafseer of the verse “So flee to Allaah. Verily, I (Muhammad صلى الله عليه وسلم) am a plain warner to you from Him” [al-Dhaariyaat 51:50]

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meaning of the first in which Allah says )interpretation of the meaning(: “So flee to Allaah. Verily, I )Muhammad صلى الله عليه وسلم( am a plain warner to you from Him” ]al-Dhaariyaat 51:50[? Why does the verse not start with the word Qul )“Say”( as many verses do?.
Praise be to Allaah.
Firstly:
This verse is one of the greatest verses in the Holy Qur’aan. It combines meanings of both fear and hope: fear of Allah and turning to Him, for there is no refuge from Him except in Him. The fact that no one offers refuge from Him except Him serves to tell His slaves that He is More Merciful than anyone else, and He wants to show mercy and forgive.
InMadaarij al-Saalikeen)1/469-481(, al-‘Allaamah ibn al-Qayyim spoke at length explaining that the level of “ fleeing to Allah” is one of the levels of those who are striving to reach Allah.
Allah says )interpretation of the meaning(:“So flee to Allaah. Verily, I )Muhammad صلى الله عليه وسلم( am a plain warner to you from Him” ]al-Dhaariyaat 51:50[.
Imam al-Tabari )may Allah have mercy on him( said:
Allah says: Flee, O people, from the punishment of Allah to His Mercy by believing in Him, following His commands and striving to obey Him.“Verily, I )Muhammad صلى الله عليه وسلم( am a plain warner to you from Him”means: I am a warner to you from Allah, sent to warn you of His punishment and make you fear the punishment that Allah sent against those nations He has told you about, and which He will cause them to taste in the Hereafter. The word “plain” )mubeen( means: to explain to you His warning. End quote.
Jaami‘ al-Bayaan, 22/440
Al-Qurtubi )may Allah have mercy on him( said:
Because of what is mentioned in the verses about how the nations disbelieved and rejected their Prophets and Allah brought about their destruction because of that, Allah says to His Prophet )blessings and peace of Allah be upon him(: Tell them, O Muhammad, i.e., tell your people:“Verily, I )Muhammad صلى الله عليه وسلم( am a plain warner to you from Him”i.e., flee from disobedience of Him to obedience to Him.
Ibn ‘Abbaas said: Flee to Allah by repenting from your sins. And it was narrated that he said: Flee from Him to Him, and strive to obey Him.
Muhammad ibn ‘Abd-Allah ibn ‘Amr ibn ‘Uthmaan ibn ‘Affaan said: “Flee to Allah” means, Go to Makkah.
Al-Husayn ibn al-Fadl said: Flee from everything except Allah. The one who flees to anything else will not escape His punishment.
Abu Bakr al-Warraaq said: Flee from obeying the Shaytaan to obeying al-Rahmaan )the Most Merciful(.
Al-Junayd said: The Shaytaan calls to falsehood, so flee to Allah and He will protect you from him.
Dhu’l-Noon al-Masri said: Flee from ignorance to knowledge, and from disbelief )kufr( to gratitude )shukr(.
‘Amr ibn ‘Uthmaan said: Flee from yourself to your Lord.
He also said: Flee to )and be content with( that which Allah has already decreed for you, and do not rely on your own efforts.
Sahl ibn ‘Abd-Allah said: Flee from everything except Allah to Allah.
“Verily, I )Muhammad صلى الله عليه وسلم( am a plain warner to you from Him”means: I am warning you of His punishment for disbelief and sin. End quote.
Al-Jaami‘ li Ahkaam al-Qur’aan, 17/53-54
Al-‘Allaamah ‘Abd al-Rahmaan al-Sa‘di )may Allah have mercy on him( said:
When Allah called people to look at His signs which prompt one to fear Him and turn to Him, He enjoined that which is the aim behind that, which is to flee to Him, i.e., flee from that whichAllah hates, both visible and hidden, to that which He loves, both visible and hidden; flee from ignorance to knowledge, from kufr to faith, from disobedience to obedience, from heedlessness to remembrance )dhikr(of Allah. The one who achieves all of that has fulfilled all the commitments enjoined by Islam, and will no longer have any fears; he will have achieved his ultimate goal.
Allah called turning back to Him fleeing, because turning to anyone or anything other than Him involves a great deal of fear and negative consequences. In turning to Him there are all the things that one likes, security, happiness and victory. So the individual flees from His will and decree to His will and decree. Everyone you fear you can flee from, except Allah, may He be exalted; the more you fear Him, the more you flee to Him.“Verily, I )Muhammad صلى الله عليه وسلم( am a plain warner to you from Him”means: a warner to you of the punishment of Allah with a clear message. End quote.
Tayseer al-Kareen al-Rahmaan, p. 811
Secondly:
With regard to the wordQul)“say”(, it appears in many verses of the Holy Qur’aan, in almost three hundred and ten verses, in various contexts and places, with a variety of meanings. But that does not mean that every command that Allah enjoins His Prophet )blessings and peace of Allah be upon him( to convey to the people must begin with the word “Qul”. The Qur’aan has a well-known style and the Arabic language encompasses many styles of eloquent expression, and this is part of the beauty and distinct quality of the language.
With regard to this word in particular, Dr. Fadl Hasan ‘Abbaas says:
With regard to the word “Qul”, the one who ponders the verses of the Qur’aan and its style will find that this word appears whenever there is a need for it, which is when the style is one of prompting, whether the prompting is to teach or to refute specious arguments. That may be seen in the last three soorahs, and also in the following verses )interpretation of the meaning(:
“Say )O Muhammad صلى الله عليه وسلم(: ‘Shall I take as a Wali )Helper, Protector, Lord or God( any other than Allaah, the Creator of the heavens and the earth? And it is He Who feeds but is not fed.’ Say: ‘Verily, I am commanded to be the first of those who submit themselves to Allaah )as Muslims(.’ And be not you )O Muhammad صلى الله عليه وسلم( of the Mushrikoon )polytheists, pagans, idolaters and disbelievers in the Oneness of Allaah(.
15. Say: ‘I fear, if I disobey my Lord, the torment of a Mighty Day.’
16. Who is averted from )such a torment( on that Day, )Allaah( has surely, been Merciful to him. And that would be the obvious success”
]al-An‘aam 6:14-16[
“Say )to the disbelievers(: ‘Tell me, if Allaah took away your hearing and your sight, and sealed up your hearts, who is there — an Ilaah )a god( other than Allaah who could restore them to you?” See how variously We explain the Ayaat )proofs, evidences, verses, lessons, signs, revelations, etc.(, yet they turn aside’”
]al-An‘aam 6:46[
“Say )O Muhammad صلى الله عليه وسلم(: ‘Truly, my Lord has guided me to a Straight Path, a right religion, the religion of Ibraaheem )Abraham(, Haneefa ]i.e. the true Islamic Monotheism — to believe in One God )Allaah, i.e. to worship none but Allaah, Alone([ and he was not of Al-Mushrikoon.’
162. Say )O Muhammad صلى الله عليه وسلم(: ‘Verily, my Salaah )prayer(, my sacrifice, my living, and my dying are for Allaah, the Lord of the ‘Aalameen )mankind, jinn and all that exists(’”
]al-An‘aam 6:161-162[
The one who ponders these verses will have no doubt that their context is one of prompting and teaching. End quote.
Qadaaya Qur’aaniyyah fi’l-Mawsoo‘ah al-Breetaaniyyah )p. 57(
It is important for us to know that reaching these eloquent meanings from these verses is a matter of personal understanding; another researcher may come with a different eloquent meaning alongside the first one, or one that is more likely to be correct. With regard to such matters we should study the style of the Qur’aan in expression and see the different contexts in which a particular word was mentioned, in order to understand the role it is playing in expressing the eloquent meaning and see the reason why it was mentioned.
And Allah

- PUBLISHERNajimudeeN M