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Monday, March 13, 2017

Sifat al-Hajj wa’l-‘Umrah (Description of Hajj and ‘Umrah), Dought & clear, - * Is it acceptable to slaughter the sacrificial animal in the case of Hajj tamattu‘ on the day of at-Tarwiyah?











My friend’s parents went to perform the obligatory Hajj in the mid-1990s, and they did tamattu‘ with a group from our country Egypt. Then everyone who was in the group slaughtered the sacrificial animal on the day of at-Tarwiyah and ate from it on the day of at-Tarwiyah and the day of ‘Arafah. They did that on the basis of a fatwa given by the leader of the group, who told them that it came from Shaykh Jaad al-Haqq (may Allah have mercy on him). He also told them that this was how they slaughtered the sacrificial animals every year. Is their offering the sacrifice at that time acceptable, or do they have to offer a compensatory sacrifice? If they have to offer a compensatory sacrifice, do they have to pay the cost themselves when they are in Makkah (as it is possible for them to go for ‘Umrah next year or the following year), or can they appoint someone as their proxy among people they know in Makkah? Please advise us, may Allah reward you.
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Praise be to Allah.
Firstly:
The fuqaha’ differed concerning the time when the sacrificial animal is to be slaughtered by those who are doing tamattu‘ (‘Umrah followed by Hajj, exiting ihram in between) and qiraan (‘umrah followed by Hajj, without exiting ihram in between). The majority are of the view that the time for offering the sacrifice begins on the Day of Sacrifice, and it is not valid if done before that.
The Shaafa‘is are of the view that it is permissible to sacrifice it after entering ihram for Hajj, or after exiting ihram for ‘Umrah and before entering ihram for Hajj, according to the more correct opinion.
Ibn Qudaamah (may Allah have mercy on him) said inal-Mughni(3/247):
With regard to the time for offering (the sacrifice), it is the Day of Sacrifice. This was the view of Maalik and Abu Haneefah, because before the Day of Sacrifice it is not permissible to slaughter the udhiyah (sacrifice), so by the same token it is not permissible to slaughter the hadiy (sacrificial animal) for Hajj tamattu ‘ during that time, as it is also not permissible before exiting ihram from ‘umrah. Ash-Shaafa‘i said: It is definitely permissible to slaughter it after entering ihram for Hajj. With regard to the time before that, after exiting ihram for ‘umrah, it may or may not be permissible. The reason why it may be permissible is that it is a sacrifice that is connected to ihram, and may be made up for by fasting. Therefore it is permissible to slaughter it before the Day of Sacrifice, like the compensatory sacrifice to be offered if one puts on perfume when in ihram or puts on tailored clothing. Because it is permissible to make it up before the Day of Sacrifice, it is also permissible to slaughter it before that day, like all other fidyahs. End quote.
An-Nawawi (may Allah have mercy on him) said: To sum up, there are three scholarly views concerning the time when it is permissible to do it:
1. After entering ihram for ‘umrah
2. After finishing ‘umrah – which is the most correct view
3. After entering ihram for Hajj.
End quote fromal-Majmoo‘(7/184)
The most correct view is that of the majority.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said, when discussing the conditions of the hadiy (sacrifice):…
4. It should be slaughtered at the proper time for slaughtering. Concerning that there is a difference of scholarly opinion, which we may sum up as follows:
The first view is that the sacrifice of tamattu‘ should not be slaughtered except at the time when the udhiyah sacrifices are also slaughtered, which is the day of ‘Eid and the three days following ‘Eid.
The second view is that it is permissible to bring forward the sacrifice after having entered ihram for ‘Umrah. So the hadiy may be slaughtered even before going out to Mina for Hajj, because it is permissible to fast – for the one who does not have a hadiy – before going out for Hajj even though it is making up for the sacrifice. So if that is permissible in the case of making up, then it is more apt to say that it is permissible in the case of the original action. This is the well-known view among the Shaafa‘is.
The correct view is that it is stipulated that it should be done at the right time, and that the hadiy in the case of tamattu‘ can only be offered on the days when the sacrificial animals are to be slaughtered, namely the day of ‘Eid and the three days that follow it.
The evidence for that is that if it was permissible to bring forward slaughter of the sacrificial animal before the day of Eid, then the Prophet (blessings and peace of Allah be upon him) would have done that, but he said: “I will not exit ihram until I offer the sacrifice.” And that is only permissible on the day of Eid.
End quote fromash-Sharh al-Mumti‘(7/91).
Secondly:
If the pilgrim relied on a fatwa that permitted slaughtering the sacrificial animal on the day of at-Tarwiyah, then his sacrifice is acceptable and he does not have to do anything further. If a person has to offer a compensatory sacrifice, he may appoint a proxy to slaughter it on his behalf in Makkah, and he does not have to slaughter it himself or send the cost to Makkah.
To sum up: your friend’s parents do not have to do anything further, and their sacrifice is acceptable, in sha Allah.
And Allah knows best.























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Sifat al-Hajj wa’l-‘Umrah (Description of Hajj and ‘Umrah), Dought & clear, - * They moved on from Muzdalifah at the end of the night, and stoned the Jamrah and did tawaaf and sa‘i before Fajr












Is it permissible for a group of physically weak pilgrims to move on from Muzdalifah as soon as the moon disappears, and to be allowed to stone the Jamrah and do tawaaf and sa‘i before Fajr? What is the ruling on that?
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Praise be to Allah.
What they did is permissible and there is nothing wrong with it, because if it is permissible for a person to move on from Muzdalifah, it is permissible for him to do everything that follows that. So if they move on, for example, from Muzdalifah at the end of the night after the moon disappears, and they reach Mina, then they may stone the Jamrah and go down to Makkah to do tawaaf (circumambulate the Ka‘bah) and sa‘i (go between as-Safah and al-Marwah), and come back. And if they come back before sunrise, there is no problem with that, because it was only made permissible to move on (earlier) for those who are weak so that they would be able to do the rituals of Hajj before the crowds of people became very great. End quote.
Majmoo‘ Fataawa Ibn ‘Uthaymeen (23/76)






















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Saturday, March 11, 2017

Engagment, Dought & clear, – * Engagement according to sharee’ah












What is the concept of engagement in Islam. Usually an engagement party is one in which the fiance/fiancee exchange rings. Is this the prescribed method in the shariah?.
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Praise be to Allaah.
Engagement according to sharee’ah means that the man asks the woman to marry him. The view of the scholars is that engagement is prescribed for one who wants to get married. Allaah says (interpretation of the meaning):
“And there is no sin on you if you make a hint of betrothal…”
[al-Baqarah 2:235]
and it was narrated that the Prophet (peace and blessings of Allaah be upon him) got engaged to ‘Aa’ishah. (Al-Bukhaari,al-Nikaah, 4793). And inal-Saheehit also states that the Messenger (peace and blessings of Allaah be upon him) got engaged to Hafsah. (Al-Bukhaari,al-Nikaah, 4830).
The Messenger of Allaah (peace and blessings of Allaah be upon him) encouraged the one who wants to get engaged to look at the woman to whom he wishes to propose. According to the hadeeth, “When any one of you proposes marriage to a woman, if he can look at that which will encourage him to go ahead and marry her, then let him do so.” (Abu Dawood,al-Nikaah, 2082; classed as hasan by al-Albaani inSaheeh Abi Dawood, 1832).
But in Islamic sharee’ah there are no specific practices that must be followed with regard to engagement. What some Muslims do, announcing the engagement, having a party to celebrate and exchanging gifts, all comes under the heading of customs which are permissible in principle, and none of them are haraam except those which sharee’ah indicates are haraam – which includes the exchange of rings between the engaged couple, a custom which is known in Arabic as “dublah.” This custom goes against sharee’ah for the following reasons:
1 – Some people think that these rings increase the love between the spouses and have an effect on their relationship. This is an ignorant (jaahili) belief and is an attachment to something for which there is no basis in sharee’ah and which does not make sense.
2 – This custom involves imitating the non-Muslims such as Christians and others. It is not a Muslim custom at all. The Messenger (peace and blessings of Allaah be upon him) warned us against that when he said, “You will inevitably follow the paths of those who came before you, handspan by handspan, cubit by cubit, until even if they entered the hole of a lizard, you will follow them.” We said, “O Messenger of Allaah, (do you mean) the Jews and Christians?” He said, “Who else?” (Narrated by al-Bukhaari,al-I’tisaam bi’l-Kitaab wa’l-Sunnah, 6889; Muslim,al-‘Ilm, 6723).
And the Prophet (peace and blessings of Allaah be upon him) said: “Whoever imitates a people is one of them.” (Narrated by Abu Dawood,al-Libaas, 4031; classed as saheeh by al-Albaani inSaheeh Abi Dawood, 3401).
3 – This engagement usually takes place before the ‘aqd (marriage contract), in which case it is not permissible for the man to put the ring on his fiancée’s hand himself, because she is still a stranger (non-mahram) to him, and has not yet become his wife.
Finally, we will quote the words of Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) on this matter:
“ ‘Dublah’ is a word that refers to the engagement ring. In principle there is nothing wrong with rings (i.e., they are permissible), unless they are accompanied by certain beliefs, as some people do when the man writes his name on the ring that he gives to his fiancée, and the woman writes her name on the ring that she gives to her fiancé, believing that this will guarantee the bonds between the spouses. In this case this ‘dublah’ or engagement ring is haraam, because it represents an attachment to something for which there is no basis in sharee’ah and which does not make sense. Similarly it is not permissible for the man to put the ring on the woman’s hand himself, because she is not yet his wife, so she is still a stranger (i.e., non-mahram) to him; she is not his wife until after the marriage contract is done.”
Al-Fataawa al-Jaami’ah li’l-Mar’ah al-Muslimah, 3/914.






















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