Trust (amaanah) in Islam, Dought & clear, - * Ruling on the worshipper doing the actions of prayer at the same time as the imam

I was praying behind the imam in Maghrib prayer, and when he rose from
bowing, I rushed to rise from bowing and I do not know whether I did
that at the same time as him or shortly after him. Hence I do not know
whether the prayer was valid or not, because I read on your website
that this is makrooh, as the Prophet (blessings and peace of Allah be
upon him) forbade that. But if the Prophet (blessings and peace of
Allah be upon him) forbade it, how can it be makrooh? Isn't it more
likely that it would be haraam? I hope that you can clarify.
Praise be to Allah
Firstly:
Your prayer is valid:
1 –
because bowing or prostrating at the same time as the imam is makrooh,
and it does not invalidate the prayer, as we have explained in fatwa
no. 33790.
2 –
what appears to be the case from what you say is that you were
following the imam, and you started to rise from bowing after the imam
began to rise, so you were still basically following him, and you did
not go ahead of him or do the act at the same time as him. Therefore
uncertainty in this case does not count for anything, because
certainty cannot be dispelled by uncertainty.
Secondly:
The basic principle with regard to things forbidden by the Messenger
of Allah (blessings and peace of Allah be upon him) is that they are
to be understood as meaning that the thing forbidden is haraam.
Ibn an-Najjaar (may Allah have mercy on him) said:
If it says that something is forbidden (in a text of the Qur'an or
Sunnah), then it is understood to be haraam according to the four
imams and others. Ash-Shaafa'i (may Allah have mercy on him)
emphatically rejected the view of those who say that it means it is
makrooh.
End quote fromSharh al-Kawkab al-Muneer(3/83)
This is applicable whether the prohibition is mentioned in the texts
of the Qur'an or in the texts of the Sunnah.
That is because Allah, may He be exalted, has emphasised that it is
obligatory to shun and refrain from that which the Prophet (blessings
and peace of Allah be upon him) forbids.
Allah, may He be exalted, says (interpretation of the meaning):
"And whatsoever the Messenger (Muhammad (blessings and peace of Allah
be upon him)) gives you, take it, and whatsoever he forbids you,
abstain (from it), and fear Allah. Verily, Allah is Severe in
punishment"
[al-Hashr 59:7].
That is because taking the fact that the Prophet (blessings and peace
of Allah be upon him) forbade something as proof that it is haraam is
the way of the believers, namely the Sahaabah and Taabi'een.
But the wording of something being forbidden may be regarded as
meaning that it is makrooh, and not haraam, if there is proof to that
effect. There may be many indications that the prohibition mentioned
in a text means that something is makrooh rather than haraam.
For more information, please see fatwa no. 184119
Thirdly:
With regard to the prohibition mentioned in the hadith of Abu
Hurayrah, in which it tells us that the Messenger of Allah (blessings
and peace of Allah be upon him) said: "The imam has only been
appointed to be followed, so when he says takbeer then say takbeer,
and do not say takbeer until after he has said takbeer; and when he
bows then bow, and do not bow until after he has bowed; … and when he
prostrates then prostrate, and do not prostrate until he has
prostrated…" Narrated by Abu Dawood (603); classed as saheeh by
al-Albaani inIrwa' al-Ghaleel(2/121)
Some of the scholars looked at the wording of the hadith and
understood the prohibition according to the basic principle, i.e.,
that it indicates that it is haraam. Hence they said: It is obligatory
to follow the imam, and it is haraam to go ahead of him, and it is
also haraam to do the actions at the same time as him.
Shaykh Muhammad ibn 'Ali ibn Adam al-Ethiopi said:
Al-'Allaamah ash-Shawkaani (may Allah have mercy on him) said,
commenting on the hadith of Abu Hurayrah (may Allah be pleased with
him), in which it says: "When he says takbeer then say takbeer":
This indicates that the worshipper who is praying behind the imam
should not start to say the takbeer until after the imam has finished
saying it. The same applies to bowing, rising from bowing, and
prostrating. This is also indicated by his words in the second report:
"Do not say takbeer, do not bow, and do not prostrate", and by all the
other reports which mention this prohibition or forbidding.
There was a difference of opinion concerning that, as to whether it is
obligatory or recommended. What appears to be the case is that it is
obligatory, without differentiating between the opening takbeer
(takbeerat al-ihram) and others. End quote.
Al-Jaami' said:
What ash-Shawkaani said about the command meaning that it is
obligatory is the view that was regarded as most likely to be correct
by as-San'aani in his'Iddah, vol. 2, p. 241. It is also more likely to
be correct in my view. So it is haraam for the worshipper to go ahead
of his imam, or do the actions at the same time as him, because the
clear prohibition mentioned above in the report of Abu Dawood
indicates that it is haraam. And Allah knows best.
End quote fromSharh Sunan an-Nasaa'i(10/112-113)
Most of the scholars said that the prohibition on doing actions of the
prayer at the same time as the imam indicates that it is only makrooh.
Ibn Qudaamah (may Allah have mercy on him) said:
What is recommended is for the worshipper to start doing the actions
of prayer, such as moving up and down, after the imam has done them,
and it is makrooh for him to do them with the imam, according to most
of the scholars.
End quote fromal-Mughni(2/208)
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said:
Doing the actions of prayer at the same time as the imam is makrooh,
and it was said that it is contrary to the Sunnah, but the more
correct view is that it is makrooh.
Examples of doing things at the same time as the imam include:
when the imam says "Allahu akbar" for rukoo' (bowing), and starts to
bow down, and you and the imam bow down at the same time. This is
makrooh because the Messenger (blessings and peace of Allah be upon
him) said: "When he bows then bow, and do not bow until he has bowed."
In the case of sujood (prostration), when the imam says takbeer for
prostration, and you prostrate and you and the imam reach the floor at
the same time. This is makrooh because the Messenger (blessings and
peace of Allah be upon him) said: "Do not prostrate until he (the
imam) has prostrated."
Al-Bara' ibn 'Aazib said: After the Prophet (blessings and peace of
Allah be upon him) said "Sami'a Allahu liman hamidah (Allah hears
those who praise Him)" [and we had all risen from bowing], not one of
us would bend his back (in order to prostrate] until the Prophet
(blessings and peace of Allah be upon him) went down in prostration,
then we would go down in prostration after him.
End quote fromash-Sharh al-Mumti'(4/189).
Perhaps the indication that the prohibition mentioned in the text –
concerning the one who does the actions of the prayer at the same time
as his imam – is makrooh and not haraam, in their view, is two things:
1.
That the Prophet (blessings and peace of Allah be upon him) denounced
in the strongest terms only the one who goes ahead of the imam.
It was narrated from Abu Hurayrah (may Allah be pleased with him) that
the Prophet (blessings and peace of Allah be upon him) said: "Does not
one of you fear, if he raises his head before the imam, that Allah may
turn his head into the head of a donkey, or that Allah may change his
form into the form of a donkey?" Narrated by al-Bukhaari (691) and
Muslim (427). No such stern denunciation came concerning doing the
actions of prayer at the same time as the imam, so the ruling thereon
is less strict.
Ibn al-Mulaqqin (may Allah have mercy on him) said:
The apparent meaning of the hadith indicates that it is haraam to go
ahead of the imam and the implicit meanings is that it is permissible
to do the actions of prayer at the same time as the imam. However,
there is no doubt that it is makrooh to do so, and it causes one to
miss out on the virtue of praying in congregation.
End quote fromal-I'laam bi Fawaa'id 'Umdat al-Ahkaam(2/552)
Some of the scholars objected to understanding this hadith as meaning
that it is permissible to do the actions of prayer at the same time as
the imam; rather when taken as a whole, the hadiths indicate that this
is not permissible.
Al-'Iraaqi (may Allah have mercy on him) said: The Prophet (blessings
and peace of Allah be upon him) said, in the hadith of Abu Hurayrah
that was narrated by Abu Dawood – "When he says takbeer then say
takbeer, and do not say takbeer until he has said takbeer"; and
concerning bowing: "Do not bow until he has bowed"; and concerning
prostration: "Do not prostrate until he has prostrated" – what this
additional material that was reported by Abu Dawood indicates is that
it is not possible that doing the actions with the imam could be
permissible
End quote fromTarh at-Tathreeb(2/330)
Ibn Hajar (may Allah have mercy on him) said:
Abu Dawood added: "and do not bow until he has bowed, and do not
prostrate until he has prostrated." This is a good addition, which
rules out the possibility that what was meant by his words "when he
says takbeer then say takbeer" was doing it at the same time as the
imam.
But this report of Abu Dawood clearly rules out doing these actions
before the imam or at the same time as him. And Allah knows best.
End quote fromFath al-Baari(2/179)
In'Umdat al-Qaari(5/217) it says:
The report of Abu Dawood clearly rules out doing any of (the actions
of prayer) before the imam or at the same time as him. End quote.
2.
Perhaps the majority regarded the reason for this prohibition as being
the fact that it is obligatory to follow the imam and not differ from
him, as is explained at the beginning of the hadith of Abu Hurayrah
quoted above. It was also narrated by al-Bukhaari (722) and Muslim
(414) as follows: The Prophet (blessings and peace of Allah be upon
him) said: "The imam is appointed to be followed, so do not differ
from him."
The precise meaning of being an imam is that the imam is to be ahead
of those who are praying behind him both in the place where he stands
and in his actions and words.
If a person bows at the same time as the imam, for example, even
though he has not properly followed the imam, he has not completely
abandoned the idea of following, which is in contrast to the case of
one who bows before the imam. The latter has done an action that is
diametrically opposed to following the imam.
Hence doing actions at the same time as the imam is makrooh because it
detracts from the proper meaning of following the imam, which is
required, but it is not entirely contrary to it, unlike doing actions
before the imam, which is haraam because it is entirely contrary to
the idea of following the imam, which is obligatory.
And Allah knows best.

Trust (amaanah) in Islam, Dought & clear, - * Ruling on avoiding eating meat during the first ten days of Muharram

My husband's family customarily avoid eating meat from the beginning
of Muharram until the tenth of the month, and they say that this was a
covenant that their forefathers took upon themselves, therefore each
one of them must adhere to this covenant. Is this permissible?
Praise be to Allah
Refraining from eating permissible things that Allah has allowed comes
under the heading of monasticism that was prohibited by Allah, may He
be exalted, and His Messenger. Shaykh al-Islam Ibn Taymiyah (may Allah
have mercy on him) said:
Monasticism means giving up things that are permissible, such as
marriage, eating meat, and so on. A group among the Sahaabah (may
Allah be pleased with them) thought of following some monastic
practices, but Allah, may He be exalted, sent down revelation
forbidding them to do that, as He said (interpretation of the
meaning):"O you who believe! Make not unlawful the Taiyibat (all that
is good as regards foods, things, deeds, beliefs, persons, etc.) which
Allah has made lawful to you, and transgress not. Verily, Allah does
not like the transgressors" [al-Maa'idah 5:87]. And it is proven
inas-Saheehaynthat there was a group of the Companions of the Prophet
(blessings and peace of Allah be upon him), one of whom said: As for
me, I will fast and never not fast. Another said: As for me, I will
pray qiyaam (voluntary prayers at night) and never sleep. Another
said: As for me, I will not marry women. Another said: As for me, I
will not eat meat. The Prophet (blessings and peace of Allah be upon
him) stood up to deliver a speech and said: What is the matter with
men of whom one says such and such? But I fast and do not fast, I pray
qiyaam and I sleep, I marry women, and I eat meat. Whoever turns away
from my Sunnah is not of me." The saheeh texts explain that
monasticism is an innovation and misguidance.
End quote fromal-Jawaab as-Saheeh(2/194-197)
To sum up: whoever seeks to worship Allah, may He be exalted, by
refraining from eating meat or from other permissible things on
specific days, this comes under the heading of prescribing religious
practice for which Allah has not given permission.
That applies whether this is due to a belief that these days have some
special characteristic that dictates refraining from eating meat,
or because one regards it as haraam or makrooh
or because of a belief that refraining from eating meat during these
days is obligatory or mustahabb
or because of a belief that one may draw closer to Allah by refraining
from eating meat or from other permissible things in a particular way.
All of that comes under the heading of innovations and misguidance for
which Allah has not given permission.
Ash-Shaatibi (may Allah have mercy on him) said:
Everyone who restricts himself from consuming that which Allah has
permitted, without a legitimate shar'i reason for doing so, has
diverged from the Sunnah of the Prophet (blessings and peace of Allah
be upon him), and the one who acts upon something other than the
Sunnah by way of a religious practice is essentially an innovator.
End quote fromal-I'tisaam(p. 59)
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
Allah, may He be exalted, commanded mankind to worship Him alone and
not to associate anything with Him in worship, and to worship Him
according to what He prescribed; and He commanded that they should not
worship Him by any acts of worship other than that. Allah, may He be
exalted, says (interpretation of the meaning):
"So whoever hopes for the Meeting with his Lord, let him work
righteousness and associate none as a partner in the worship of his
Lord"
[al-Kahf 18:110]
"…that He might try you, which of you is the best in deeds"
[Hood 11:7].
With regard to the one who follows the path of asceticism and worship,
if he appears outwardly to be following Islamic teachings, but his
intention is to show off, gain a good reputation and gain people's
respect, then his good deeds are invalid and are not acceptable to
Allah. It is proven inas-Saheehthat Allah says: "I am the least in
need of a partner. Whoever does any deed in which he associates
someone else with Me, I disavow him and all of his deeds are for the
one whom he associated with Me." And in as-Saheeh it is narrated that
the Prophet (blessings and peace of Allah be upon him) said: "Whoever
talks about his good deeds (to show off), Allah will expose him (on
the Day of Resurrection), and whoever makes a (hypocritical) display,
Allah will make a display of him."
If he is sincere in his intention, but he worships Allah by doing acts
of worship other than those that are prescribed, such as one who
remains silent constantly, or stands in the sun or on the roof
constantly, or does not wear ordinary clothes, and always wears wool
or sackcloth, and the like, or covers his face, or refrains from
eating bread or milk, or drinking water, and so on – these acts of
worship are invalid and are to be rejected, as it is proven
inas-Saheehin a report from 'Aa'ishah that the Prophet (blessings and
peace of Allah be upon him) said: "Whoever introduces anything into
this matter of ours that is not part of it will have it rejected.
And it is proven from him inas-Saheehthat there was a group among his
Companions, one of whom said: As for me, I will fast and never not
fast. Another said: As for me, I will pray qiyaam (voluntary prayers
at night) and never sleep. Another said: As for me, I will not marry
women. Another said: As for me, I will not eat meat. The Prophet
(blessings and peace of Allah be upon him) stood up to deliver a
speech and said: What is the matter with men of whom one says such and
such? But I fast and do not fast, I pray qiyaam and I sleep, I marry
women and I eat meat. Whoever turns away from my Sunnah is not of me."
So this is the principle with regard to acts of worship, because
fasting and prayer are both acts of worship.
Refraining from eating meat or getting married is permissible in
principle, but when that went beyond the framework of the Sunnah and
the individual committed himself to more than is prescribed, or
committed himself to refraining from that which is permissible, as
monks do, the Prophet (blessings and peace of Allah be upon him)
disavowed those who do such things as having turned away from his
Sunnah towards something else, and he said: "There is no monasticism
in Islam."
End quote fromMajmoo' al-Fataawa(11/612-614)
Conclusion:
Having the custom of not eating meat during these days, in the manner
mentioned – whether that was based on a covenant with Allah, or with
other people, or with one's own self, or without any covenant – all
comes under the heading of innovation that is not permissible as a
means of drawing closer to Allah, may He be exalted, and it is not
permissible to obey one's parents and grandparents concerning that, or
to follow them in doing it.
And Allah knows best.

Plural marriage and fair treatment of co-wives, Dought & clear, - * His wife is pregnant and he wants to marry a second wife; should he delay the marriage contract?

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I am married and have a wonderful family. I was contacted by a sister whom I was intended to marry prior to this current situation. The question of polygamy was raised and thru futher conversation began plans to expand my family. We have coorespond for sometime by way of the internet and phone. Sometime as pasted an due to the fact that my current wife is pregnant. I delayed any chance of actually marring. I want to write a marriage contract in order to not sin. What would you advise? She wishes to marry and not wait. I pray that I am asking my question in the best manner. Can we write the contract and delay consumating after the arrival of the child. Or should I wait and repent to Allah.
Praise be to Allaah.
It is permissible for a man to marry a second wife and as many as four wives, because Allaah says (interpretation of the meaning):
“then marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one”
[al-Nisa 4:3]
This is subject to the condition that he be financially and physically able for it, and able to treat them fairly.
Secondly:
You can do the marriage contract now, and delay consummation until your first wife gives birth, or you can do the marriage contract and consummate the marriage straight away, because there is no connection between your wife’s pregnancy and your taking a second wife.
Undoubtedly in a case such as yours it is better to do the marriage contract so that you will not do anything haraam. By doing the marriage contract, the woman will become your wife and it will be permissible for you to talk to her, be alone with her and touch her, and everything that it is permissible for a man to do with his wife.
But you have to fear Allaah and treat your wives fairly, and it is not permissible for you to favour one of them at the expense of the other.
And it is not permissible for you to form a relationship with a non-mahram woman. If any such thing has happened then what you must do is repent to Allaah and put an end to this relationship until the marriage contract is done.
And Allaah knows best.

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Plural marriage and fair treatment of co-wives, Dought & clear, - * She is very anxious because the second wife may inherit the same as her

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My father took a second wife a while ago, after being married to my mother for twenty-five years. Since that time my mother has been depressed because this woman may inherit the same as her, and she says: I have been suffering all these years, then this woman comes and gets the same inheritance as I will get; I will never accept that. When I asked a Shaykh about this matter, he said that in his country there is a custom in inheritance whereby the second wife does not inherit from the property that was present during the man’s first marriage and during the second marriage, both wives inherit from whatever extra property there is. Is this correct? Is there any other solution?.
Praise be to Allaah.
Firstly:
Allaah has permitted a man to be married to one or two, up to four, at any one time, as He says (interpretation of the meaning):
“And if you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one or (slaves) that your right hands possess. That is nearer to prevent you from doing injustice”
[al-Nisa’ 4:3]
If a man takes a second wife then he dies, both wives share the inheritance, and one does not get more than the other. They are both included in the verse in which Allaah says (interpretation of the meaning):
“their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts”
[al-Nisa’ 4:12]
This is the ruling of Allaah, Who is the wisest of Judges and the most Merciful of those who show mercy. Every believing man and woman must submit to this and humble themselves, and not feel resentment towards the ruling of Allaah and what He has prescribed in sharee’ah, as Allaah says (interpretation of the meaning):
“It is not for a believer, man or woman, when Allaah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allaah and His Messenger, he has indeed strayed into a plain error”
[al-Ahzaab 33:36]
“But no, by your Lord, they can have no Faith, until they make you (O Muhammad ) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission”
[al-Nisa’ 4:36]
Our advice to your respected mother is to fear Allaah and to accept what He has decreed, and to have certain faith that the ruling of Allaah is just, merciful, good and right.“And who is better in judgement than Allaah for a people who have firm Faith?” [al-Maa'idah 5:50].
She should be very wary of turning away from the ruling of Allaah or rejecting it, or feeling anxious because of it, because that is a serious matter.
No one knows whether he will be an heir or the one from whom others inherit, so why should he become so attached to worldly things and feel content with them whilst losing his religious commitment by turning away and not accepting what Allaah has decreed?
Secondly:
The property that was present during the first marriage falls into two categories:
1 – That which has passed from the husband’s possession to the wife’s by being given as a gift or because it is part of her dowry etc. This is the property of the wife and does not form part of the husband’s estate if he dies. For example, if the husband gives his wife a house, gold or furniture, or if the gold or furniture was part of the dowry, as is the custom in some countries.
2 – That which belonged to the husband and still belonged to him until he died. This is included in his estate and it should be divided among all his heirs according to their shares. For example, if the husband had real estate or money, which he took possession of before his first marriage, or after that, or after his second marriage, and it did not cease to be his property by being given as a gift, etc. This is included in his estate after he dies.
Perhaps what the Shaykh you refer to said applied to the furnishings of the house etc, which in some countries people regard as being part of the wife’s dowry, so it belongs to her and is not included in the husband’s estate.
Similarly, the delayed portion of the dowry belongs to the wife and she may take it from the estate before it is divided, because it comes under the same ruling as a debt.
Some husbands give the first wife some money or property that is to belong to her. If this is done before the second marriage takes place, there is nothing wrong with it, but if it is done after that it is not permissible unless he gives the second wife something similar. The Standing Committee for Research and Issuing Fatwas was asked: I have two wives and I want to buy gold for one of them as a gift. Is it permissible for me to do that? Or is this regarded as not treating co-wives fairly? Please note that I am not falling short with regard to the rights of the other wife.
They replied: Whoever has two or more wives must treat them fairly. It is not permissible for him to single out one of his wives in any way to the exclusion of the other(s) with regard to spending, accommodation and spending time with them. There is a stern warning issued to the one who has two wives and does not treat them equally. It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever has two wives and favours one of them over the other will come on the Day of Resurrection with half of his body leaning.” Narrated by Imam Ahmad inal-Musnad(2/295, 347, 471). Al-Nasaa’i and Ibn Maajah narrated something similar in theirSunans.
It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever has two wives and inclines more towards one of them will come on the Day of Resurrection with half his body leaning.” Narrated by Abu Dawood in hisSunan(2/601). Al-Tirmidhi narrated a similar report in hisJaami’.
This evidence indicates that it is essential to treat co-wives fairly and that it is haraam for the husband to favour one of them more than the other, apart from the inclination of the heart, for the inclination of the heart cannot be controlled. Hence the Messenger of Allaah (peace and blessings of Allaah be upon him) used to say: “O Allaah, this is my division in that over which I have control, so do not call me to account for that over which I have no control” (i.e., the love of the heart).
Based on that, it is not permissible for this husband to give things that he owns to one wife and not to the other. If he gives a house etc to one of his wives then he must treat all his wives equally and also give the same to all of his wives, or something of equal value, unless the second wife lets him off.
And Allaah knows best.

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