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Monday, October 22, 2012

Dance of life

Forget dancers who balance pots on their heads. Have you seen the
brick man go abouthis daily grind
On a construction site where bricks are carefully stacked, I saw a
brick man who was tidying them up even further, beautifully
symmetrical layering , reminding me of the time when we gave our
children wooden blocks to play with, andmake houses. One of the early
domestic workers who worked with us used to call the play things murgi
ghar.
Then to my sheer amazement this lean man with a sleeveless banyan, and
a kind of short pants with a towel around it, like the kerala style of
wearing a dhoti, put a flat piece of old rusted metal on his head,
overa turban made of a dirty towel and balancing himself like
akuchipudi dancer, tooktwo bricks at a time with his two arms,
heldwide open, and did an extraordinary pile on the tray on his head –
two inside and then two outside. Then another two inside, and then
with two arms taking up two on either side, another set.Like this it
went on till he had four layers of four bricks each and then finally
balancing himself and always with head erect, he took two more and
carefully raising his arms put them on top of the 16 – like a mantapam
on his head,all the while straight backed, with only knees bending and
arms totally in balance.
In perfect balance
Then he walked across the road, in delicate perfect balance, and
climbed up several steps created out of bamboo to the third floor of
this house under construction, putthem down and came back again for
more.
He could have been one of the dancers whom we see in Rajasthan with
six or seven pots balanced ontheir head swinging to the amazement and
applause of tourists. Or the kuchipudi dancers who balance pots and
also dance with their feet in large thalis . An achievement of
balance, we would think! We would then pay to watch the dancers and
their skills.The brick man had no such audience. Watching him and his
extraordinary balancing act were four 'supervisor' type men sitting on
plastic chairs talking to each other.
My brick man would bea perfect candidate for being included in the
Kalakshetra dancing school, where balance is the fundamental
principle, back straight,a straight line from the back of the head to
theback of the feet, is the ultimate as the famous dancer and teacher,
Prof Chandrasekhar explained during one of his lectures at Rabindra
Bhavan. I could almost see him move in graceful natya , balancing two
diyas on outstretched palms, with a pot on his head - totally relaxed.
Alas, no such luck for my brick man…
I presumed, knowing a little about wage fixation, that he would be
paid per square metre of the bricks thathe carried and not by the
number of trips that he made, like the best of dancers. This is of
course, not 'breaking news' in countries like India – we have seen
similar scenarios in Africa, unrecognised physically punishing labour
with gross inequality and lack of recognition of value. We also know
that the option of mechanising that task, or upgrading its physical
punishment, by let us say, giving him a wheelbarrow to pile his
bricks, or a donkey with two packs on its back would probably deprive
him of his wage, as someone else would be willing to do that,
displacing this 'lowest of the low' worker of his livelihood. The
dilemma is deeply entrenched in countries like ours, where wage led,
employment-led growth is not the mantra and where poverty and
inequality and unemployment rage. I continue to watch my elegant
delicate brick man, helplessly, from my balcony as he dances across
the street.

Slaughtering the sacrifice is better than giving its price in charity

My brother and I each have a house and on Eid in sha Allaah we want to
slaughter one ram and give the other in charity without actually
slaughtering it. Do we have to slaughter the two rams or not?.
Praise be to Allaah.
What is prescribed in your case is for you to slaughter the two
sacrifices. It is not acceptable for you to share in one sacrifice,
because you stated that you live separately from your brother. We have
listed the conditions for sharing sacrifices in the answer to question
no. 96741 .
There we mentioned thedifference of scholarly opinion concerning the
ruling on sacrifices, and stated that it is a confirmed Sunnah (Sunnah
mu'akkadah) according to the majority and it is obligatory according
to a few fuqaha'.
The scholars stated that slaughtering the sacrifice is better than
giving its price in charity. Based on that, you can offer the
sacrifice and give the meat in charity, or you can delegate someone to
sacrifice it on your behalf in countries or regions where there is a
great deal of need.
It says in Mataalib Ooli al-Nuha (2/473): Slaughtering the sacrifice
or the 'aqeeqahis better than giving its price in charity. This
wasstated by Imam Ahmad (may Allaah have mercy on him). The same
applies to the hadiy (sacrifice offered during Hajj). The Prophet
(peace and blessings of Allaah be upon him) slaughtered his sacrifice
and hadiy, as did the caliphs who came after him. If giving the price
in charity was better they would not have failed to do that. End
quote.
And Allaah knows best.

Is it permissible for two brothers to share one udhiyah (sacrifice) although they live separately?

Is it permissible for my brother and I to share in one Udhiyah while
both of us have our own homes in different cities? Our mother lives
sometimes with me, and sometimes with my brother and our father has
passed away. If the mother buys an Udhiyah from her own money, is it
adequate for me and my brother?.
Praise be to Allaah.
Firstly:
Udhiyah is a confirmed Sunnah (Sunnah mu'akkadah) and is not
obligatory, according to the majority of fuqaha'. Some scholars are of
the view that it is obligatory for the one who is able to offer it.
This is the view of Abu Haneefah and of Ahmad according to one report,
and it is the view favoured by Shaykh al-Islam Ibn Taymiyah.
Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) said: The view
that it is obligatory is stronger that the view that it is not
obligatory, but that is subject to the condition that one be able to
do it. End quote from al-Sharh al-Mumti' (7/422).
Secondly:
A sacrifice is valid on behalf of a man and the members of his
household, because of the report narrated by al-Tirmidhi (1505) and
Ibn Majaah (3147) from 'Ata' ibn Yasaar who said: I asked Abu Ayyoob
al-Ansaari: How were sacrifices offered amongyou at the time of the
Messenger of Allaah SAWS (peace and blessings of Allaah be upon him)?
He said: A man would sacrifice a sheep on behalf of himself and the
members of his household, and they would eat some of it andgive some
to others. Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
It says in Tuhfat al-Ahwadhi: This hadeeth clearly states that one
sheep is sufficient on behalf of a man and the members ofhis
household, even if they are many, and that is the correct view.
Al-Haafiz Ibn al-Qayyim said in Zaad al-Ma'aad: Itwas the teaching of
the Prophet SAWS (peace and blessings of Allaah be upon him) that one
sheep would be sufficient on behalf of a man and the members ofhis
household, even if they were many in number.
Al-Shawkaani said in Nayl al-Awtaar: The correct view is that one
sheep is sufficient for the members of a household, even if they are
one hundred or more, as is indicated by the Sunnah. End quote.
Thirdly:
Members of the household include one's wife and children, and other
relatives if they live in the same house and the head of the household
spends on them or they share household expenses andfood and drink.
But the one who lives in a separate house or has his own income cannot
be included in the udhiyah and it is prescribed for him to offer his
own sacrifice separately.
Maalik (may Allaah have mercy on him) said, concerning the membersof a
household who share in the sacrifice: They are the people on whom he
spends, whether they are few or many. Muhammad ibn Maalik added: And
his child and parents, if theyare poor. Ibn Habeeb said: He may
include in his sacrifice adult children, even if they areindependent
of means, and his brother, brother's son and other relatives if he
spends on them, and the members of his household. That is permitted
for three reasons: ties of kinship, shared accommodation and spending
on him. Muhammad said: He mayinclude his wife in his udhiyah because
the wife has the strongest bond with him.
End quote from al-Taaj wa'l-Ikleel Sharh Mukhtasar Khaleel (4/364).
Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) was asked: Is it
permissible to offer one udhiyah for two brothers living in one house
with their children and sharing their food and drink?
He replied: Yes, that is permissible. It is permissible for the
members of one household to offer only one sacrifice, even if they are
two families, and they will attain thereby the virtue of sacrifice.
End quote fromFataawa Noor 'ala al-Darb.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: I am
married, praise be to Allaah, and I have children. I live in a city
other than the city in which my family live, buton holidays I go to
the city where my family are. On Eid al-Adha my children and I came
five days before the Eid but we did not offer a sacrifice despite the
fact that I am able to, praise be to Allaah.
Is it permissible for me to offer a sacrifice? Is myfather's sacrifice
valid onbehalf of myself and my wife and children? What is the ruling
on sacrifice for the one who is able? Is it obligatory for the one who
is not able? Is itpermissible to take a loan in order to offer
thesacrifice?
He replied: The sacrifice is Sunnah, not obligatory, and one sheep is
sufficient on behalf of a man and the members of his household,
because the Prophet SAWS (peace and blessings of Allaah be upon him)
used to sacrifice two horned rams that were white speckled with black
every year, one on behalf of himself and themembers of his household,
and the other on behalf of those among his ummah who believed in the
Oneness of Allaah (Tawheed).
If you live in a separate house, then it is prescribed for you to
offer the sacrifice on behalf of yourself and the members of your
household, and the sacrifice offered by your father on behalf of
himself and the members of his household is not sufficient for you,
because you are not living with them in the same house, rather you
live in a separate house. There is nothing wrong with a Muslim taking
a loan to offer a sacrifice ifhe is able to repay it. May Allaah help
us all.
End quote from Majmoo'Fataawa al-Shaykh Ibn Baaz (18/37).
Fourthly:
Based on the above, your sacrifice is not sufficient for your brother,
even if you get together on the days of Eid, and vice versa.
With regard to your mother, her sacrifice is sufficient on behalf of
herself and the membersof the household with whom she is staying.

And Allaah knows best.

Should she offer a sacrifice (udhiyah) or offer ‘aqeeqah for herself, as her father did not offer ‘aqeeqah on her behalf?

A 39 years old woman wants to sacrifice an animal. It was said to
herthat she should make 'Aqeeqah (the sacrifice which has to be done
after the birth of a son) for herself first as her father did not do
it for her when she was born. Her husband did not do 'Aqeeqah for
their children either. They have a daughter and a son. Should she make
'Aqeeqah for her children and herself? Or as for the children it
should be done by their father? She has a 15 years old daughter and
a16 years old son. Is 'Aqeeqah compulsory or it becomes cancelled if
the child reaches adulthood?.
Praise be to Allaah.
Firstly:
'Aqeeqah is a confirmed Sunnah (Sunnah mu'akkadah) according to the
correct view. This has been explained in the answer to question no.
20018 . The one who is addressed here is the father; it is not
required of the mother or the children.
The duty to offer 'aqeeqah is not waived when the child reaches
puberty. If the father is able then it is mustahabb for him to offer
'aqeeqah on behalfof his children for whomhe did not yet offer
'aqeeqah.
If the father did not offer 'aqeeqah for his child, is it prescribed
for the child or anyone else to offer 'aqeeqah on his behalf? The
fuqaha' differed concerning that, but the correct view is that this is
prescribed and is mustahabb.
Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (9/364):
If 'aqeeqah was not offered at all and thechild reaches puberty and
earns a living, then he does not have to offer 'aqeeqah. Ahmad was
asked about this matter and he said: That applies to the father,
i.e.,he should not offer 'aqeeqah for himself; theSunnah has to do
with someone else (namely the father).
'Ata' and al-Hasan said: he may offer 'aqeeqah for himself, because it
is prescribed for him and because he is held in pledge for it, so it
shouldbe prescribed for him to release himself.
And we think that it is prescribed for the fatherand no one else
should do it. End quote.
Ibn al-Qayyim (may Allaah have mercy on him) said in Tuhfat al-Mawdood
fi Ahkaam al-Mawlood: Chapter nineteen: The ruling on one whose
parents did not do 'aqeeqah for him;should he offer 'aqeeqah for
himself when he reaches puberty? Al-Khallaal said:Chapter on what is
recommended for one for whom 'aqeeqah was not done when he was small
and he may offer 'aqeeqah for himself when he is an adult. Then he
quoted some of the discussion of Ismaa'eel narrated from Sa'eed
al-Shaalinji who said: I asked Ahmad about a man whose father told him
that he had not offered 'aqeeqah for him, could he offer 'aqeeqah for
himself? He said: That is the duty of the father.
Al-Maymooni said: I said to Abu 'Abd-Allaah: If 'aqeeqah was not done
for a person, could it be done for him when he is an adult? He
mentioned something that was narrated concerning ('aqeeqah for) an
adult, but he classed it as da'eef (weak). But he regarded it as
something good, if 'aqeeqah was not done for him when he was small,
for it to be done for him when he is an adult. He said: If a person
does that, I would not disapprove ofit. He said: 'Abd al-Malik told me
elsewhere that he said to Abu 'Abd-Allaah: Should 'aqeeqah be offered
for him when he is an adult?He said: I did not hear anything about an
adult.I said: His father was poor then he became well off and he does
not want to leave his son without offering 'aqeeqah for him. He said:
I do not know and Idid not hear anything with regard to an adult. Then
he said to me: But if someone who does it, that is good, and there are
some people who regard it as obligatory. End quote.
Shaykh Ibn Baaz (may Allaah have mercy on him) said, after quoting these words:
The first view is more correct, which is that it ismustahabb to offer
'aqeeqah on behalf of oneself, because 'aqeeqah is a confirmed Sunnah
but the father omitted to do it, so it is prescribed for him to do it
if he is able. That is because of the general meaning of the
ahaadeeth, such as the words of the Prophet (peace and blessings of
Allaah be upon him): "Every child is in pledge for his 'aqeeqah which
should be sacrificed for him on the seventh day, and his head should
be shaved and he should begiven a name." Narrated by Imam Ahmad and
the authors of al-Sunan fromSamurah ibn Jundub (may Allaah be pleased
with him) with a saheeh isnaad. And Umm Karaz al-Ka'biyyah narrated
that the Prophet (peace and blessings of Allaah be upon him) enjoined
that 'aqeeqah be done for a boy with two sheep and for a female with
one sheep, as was narrated by the five. Al-Tirmidhi narrated
andclassed as saheeh a similar report from 'Aa'ishah. This is not
addressed only to the father; rather it also includes the child, the
mother and other relatives of the newborn. End quote from Majmoo'
Fataawa al-Shaykh Ibn Baaz (26/266).
Based on this, it may be said to the sister who is asking this
question: Youmay offer 'aqeeqah on behalf of yourself, or on behalf of
your children iftheir father did not offer'aqeeqah on their behalf.
Secondly:
Udhiyah is a confirmed Sunnah and is prescribed for both men and
women. One udhiyah is sufficient on behalf of a man and the members of
his household, or on behalf of a woman and the members of her
household.
This woman may offer a sacrifice, whether her husband also offers a
sacrifice or not.
If she offers a sacrifice, that will suffice for her 'aqeeqah too.
Ibn al-Qayyim (may Allaah have mercy on him) said: Chapter eighteen on
the ruling on combining 'aqeeqah and udhiyah.
Al-Khallaal said: Chapter on what was narrated about the udhiyah
sufficing for the 'aqeeqah too.
'Abd al-Malik al-Maymooni told us thathe said to Abu 'Abd-Allaah
(i.e., Imam Ahmad): Is it permissible to offer the udhiyah on behalf
of a child instead of the 'aqeeqah? He said:I do not know. Then he
said: More than one said that. I said: From among the Taabi'een? He
said: Yes.
And 'Abd al-Malik told me elsewhere that Abu 'Abd-Allaah said that
some of them said that ifhe offers an udhiyah that will suffice for
the 'aqeeqah too.
'Usmah ibn 'Isaam told us: Hambal narrated to us that Abu 'Abd-Allaah
said: I hope that the udhiyah will suffice for the 'aqeeqah too, in
sha Allaah, for the one who did not offer 'aqeeqah.
'Usmah ibn 'Isaam told us elsewhere: Hanbal told us that Abu
'Abd-Allaah said: If a sacrifice (udhiyah) is offered on his behalf,
the udhiyah will suffice for the 'aqeeqah. He said: And I saw Abu
'Abd-Allaah buying an udhiyah that he sacrificed on behalf of himself
and his family, and his son 'Abd-Allaah was small when he sacrificed
it. I think he intended thereby to do the 'aqeeqah and the udhiyah,
and he shared out the meat and ate some of it.
And Allaah knows best.