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Monday, August 13, 2012

1a] Those who do not have wudoo’ or women who are menstruating touching the cover of the Mushaf and books oftafseer

1a]
do not apply in this case.
The Shaafa'is stated clearly that this permissibility is subject tothe
condition that the tafseer be more than the Qur'aan, because there is
no disrespect towards theQur'aan in this case, and itis not like the
Mushaf (which contains the text of the Qur'an only). The Hanafis
differed concerning that and said that it is obligatory to do wudoo'
before touching books of tafseer. End quote.
Shaykh Ibn 'Uthaymeen (may Allah have mercy onhim) said: With regard
to books of tafseer, it is permissible to touch them, because they are
regarded as tafseer and the verses in them are fewer than the
commentary.
They quoted as evidence for this the fact that the Prophet (blessings
and peace of Allah be upon him) sent letters to the disbelievers in
which there were verses of the Qur'aan. This indicates that the ruling
is connected to what constitutes the majority of a text.
But if the amounts of tafseer and Qur'aan are equal, in this case it
is a combination of something permitted and something not allowed, and
neither of them outweighs the other. In this case we should err onthe
side of caution and follow the rulings that apply to the Qur'aan.
But if the tafseer is larger, even by a small amount, then it comes
under the rulings on tafseer.
End quote from ash-Sharhal-Mumti', 1/267
It says in Fataawa al-Lajnah ad-Daa'imah (4/136): It is permissible to
translate the meanings of the Qur'aan into a language other than
Arabic, just as it is permissible to comment on its meaning in Arabic.
That is regarded as explaining the meaning that the translator
understands from the Qur'aan, but it cannot be called Qur'aan.
Based on that, it is permissible for a person to touch a translation
of the meanings of the Qur'aan in a language other than Arabic and a
tafseer that is written in Arabic when he does not have wudoo'. End
quote.
And Allah knows best.

1] Those who do not have wudoo’ or women who are menstruating touching the cover of the Mushaf and books oftafseer

1]
There are Mushafs that have a cover made of thick cloth – is it
permissible to touch themfor one who is not in a state of purity? What
is the ruling on touching theedges of the pages of the Mushaf to turn
the page, as there are those who regard it as permissible tohold it?
When can we say concerning books of tafseer that it is a tafseer that
it is permissible for menstruating women to read from, and when can we
say that it comes under the rulings on Mushafs and it is not
permissible for a menstruating woman to touch it?
Praise be to Allah.
Firstly:
It is not permissible for one who is in a state of impurity to touch
the Mushaf without a barrier, according to the majority of fuqaha',
because of what it says in the letter of 'Amr ibn Hazm that the
Prophet (blessings and peace of Allah be upon him) sent to the people
ofYemen, in which its says: "No one should touch the Qur'aan except
one who isin a state of purity." Narrated by Maalik, 468; Ibn Hibbaan,
793; al-Bayhaqi, 1/87. al-HaafizIbn Hajar said: The hadeeth in the
book mentioned was classed assaheeh by a number of imams in terms of
the isnaad and in terms of its been a widely-circulated hadeeth.
Ash-Shaafa'i saidin his Risaalah: They did not accept this hadeeth
until it was proven to them that it was the letter of the Messenger of
Allah (blessings and peaceof Allah be upon him). Ibn'Abd al-Barr said:
This is a letter that is well known to the scholars of seerah (the
Prophet's biography),and its contents are well known to the scholars;
it is so well known that there is no need for an isnaad, because it is
like a mutawaatir report (one that is narrated by so many from so many
that it is inconceivable that they could have agreed upon a lie); this
is why people are aware of it andhave accepted it .
End quote from at-Talkhees al-Habeer, 4/17
The hadeeth was classed as saheeh by al-Albaani inIrwa' al-Ghaleel, 1/158
Secondly:
The covers of the Mushaf that are attached to it [that is, they are
attached to it with adhesive or stitches, etc] come under the same
ruling as the Mushaf itself, so it is not permissible to touch
themwithout wudoo'. The same applies to the edgesof the pages.
It says in al-Mawsoo'ah al-Fiqhiyyah (38/7): The majority of Hanafi,
Maalikiand Shaafa'i fuqaha' are ofthe view that it is not allowed for
the one who is not in a state of purity to touch the cover of the
Mushaf that is attached toit, or the margins in whichthere is no
writing on the pages of the Mushaf, or the spaces between the lines,
or the empty pages on which there is no writing at all. That is
because they are part of the page on which Qur'aan is written;
therefore they come under the same ruling as it. Some of the Hanafis
and Shaafa'is are of the view that that is permissible. End quote.
With regard to covers thatare separate from the Mushaf, that is, a bag
in which the Mushaf is placed and taken out of, there is nothing wrong
with touching it without being in a state of purity, even if the
Mushaf is inside it.
It is permissible to touch the Mushaf with a barrier that is separate
from it, such as the bag in which it is placed or gloves and the like.
It says in Kashshaaf al-Qinaa' (1/135): The onewho is in a state of
impurity may carry the Mushaf in its bag or wrapper, without touching
it, because the prohibition has to do withtouching it. Carrying it is
not the same as touching it, and he may look at it and turn the pages
with the edge of his sleeve or astick and the like, such as a piece of
cloth or wood, because then he is not touching it. And he may touch
the Mushaf with a barrier because of what was stated above. End quote.
Thirdly:
It is permissible for the one who is in a state of impurity – minor or
major– to touch books of tafseer according to the majority of fuqaha'.
However there are some who restrict that to booksin which the tafseer
or commentary is greater than what they contain ofQur'aan, whilst
others do not stipulate this condition.
It says in al-Mawsoo'ah al-Fiqhiyyah (13/97): It is permissible
according to the majority of fuqaha' forone who is in a state of
impurity to touch books of tafseer even if they contain verses of the
Qur'aan, and to carry them and read in them, even if he is junub. They
said: That is because whatis meant by tafseer is to learn the meanings
of the Qur'aan, not to recite it, sothe rulings on the Qur'aando not
apply in this case. :->

She got married a second time for the purpose of going back to her first husband

I was married before for 4 years I have one child withmy first
husband. we got divorced 2 years ago 3 times. I got married again to a
second husband in order to get back with my first husband because I
was still in love with my first husband and we have a child together.
My second husband did not know I wanted to marry him so I can get back
with my second husband. My second marriage was not pre planed by my
first husband nor my second husband. it was just my intention to get
married again to get divorced and get back with my first husband.
before I got married to mysecond husband my first husband said to me
if I ever get divorced again hewould marry me. so I got married to my
second husband and after being married to my second husband I starting
making problems in our marriage for my second husband to give me a
divorce. we did have intercourse. after I asked him to give me a
divorce. he refused to give me a divorce. so I left his house to go to
my parents house. we have got separated for 3 months he did not call
me but I realized I made a mistake and for the fear of allah I called
him and apologized to him and asked him not to give me a divorce even
thought I really wanted a divorce from him. so as time went by kept
prayingto allah and just for allah to do what was best for me.
after 5 months of being separated I heard he was saying negative stuff
about me so I called him and said bad things to himand asked him to
give me a divorce again. and then after a month later he called my
father and told my father he divorced me and had no intention of ever
getting back with me.
I have been divorced from my second husband for about one year now.
and I want to get back with my first husband whom I havea child with
at the age of 4. is it okay for me to get back with my first husband?
does our religion allow for me to get back with my first husband?
Praise be to Allah.
If a thrice-divorced womangets married to another husband, but has the
intention of getting divorced from him so that she can go back to the
firsthusband, there is a difference of opinion among the fuqaha'
concerning that. Some of them regard it as coming under the heading of
tahleel (a marriage aimed at making it permissible for the woman to go
back to her first husband), which is haraam, and some of them say that
her intention does not affect anything.
See the answer to question no. 131290 , when it says that the opinion
that this is haraamis more likely to be correct,and that if the woman
gets divorced she does notbecome permissible for the first husband.
You did right to repent and go back to your husband and ask him not to
divorced you, because itis not permissible for a woman to annoy her
husband or ask him for a divorce (talaaq or khula') unless there is a
reason that makes it permissible to do that, such as if he is
mistreating her.
But if this husband divorces you of his own accord or in response to
your request because of his mistreatment and his speaking harshly to
you, without the intention of making it permissible for you to go back
to your first husband, then it seems that once your 'iddah has ended
it will become permissible for you to go back to your first husband,
with a new marriage contract.
And Allah knows best.

Abu Ayyub Al-Ansari is chosen by Allah tohost Rasulullah

On Friday morning after Rasulullah (SAW) migrated to Medina, the
Prophet (Peace be upon him), sent for Bani An-Najjar, his maternal
uncles, to come and escorthim and Abu Bakr to Madinah . He rode
towards the new headquarters amidst the cordial greetings of his
Madinese followers who had lined his path. He halted at a place in the
vale of Banu Salim and there he performed his Friday prayer with a
hundred others. Meanwhile the tribes and families of Madinah , the new
name for Yathrib anda short form of 'The Messenger's Madinah (City)',
came streaming forth, and vied with one another in inviting the noble
visitor to their homes. The girls of the Madinese used to chant
beautiful verses of welcome rich in all meanings of obedience and
dutifulness to the new Messenger.
Though not wealthy, every Ansar (Helper) was wholeheartedly eager
andanxious to receive the Messenger in his house. It was indeed a
triumphal procession. Around the camel of Muhammad (Peace be upon him)
and his immediate followers, rode the chiefs of the city in their best
raiment and in glittering armour, everyone saying: "Alight here O
Messenger of Allah,abide by us." Muhammad (Peace be upon him) used to
answer everyone courteously and kindly:"This camel is commanded by
Allah, wherever it stops, that will be my abode."
The camel moved onwardwith slackened rein, reached the site of the
Prophetic Mosque and knelt down. He did not dismount until it rose up
again, went on forward, turned back and then returned to kneel down
inthe very former spot. Here, he alighted in a quarter inhabited by
BanuNajjar, a tribe related to the Prophet (Peace be upon him) from
the maternal side. In fact, it was his wish to honour his maternal
uncles and live among them. The fortunate host, Abu AyyubAl-Ansari,
stepped forward with unbounded joy for the Divine blessingappropriated
to him, welcomed the Noble Guest and solicited him toenter his house.