Maintaining the ties of kinship

various Hadeeth of the Prophet, , call strongly for the upholding of
kinship ties and encourage this by offering worldly and religious
rewards.
There is no doubt that a society whose members maintain family
relations and treat each other mercifully forms an invincible fortand
a fortified castle. It produces close-knit families and a solid social
structure that provides the world with leaders, instructors, thinkers,
teachers, callers and reformers, who carry the torches of guidance to
their nation and all of humanity.
This article focuses on upholding good relations with kindred, which
is among the greatest and noblest morals.
Definition
Kinship ties refer to a person's bond with his paternal and maternal
relatives; and, maintaining them implies being good and kind to one's
relations in both words and deeds. This includes visiting them, asking
after them, supporting the needyamong them and helping them with their
affairs.
There are many virtues of upholding kinship ties, as doing so is:
1- A sign of faith: Abu Hurayrah narrated that the Prophet, , said:
"Whoever believes in Allaah and the Last Day should behospitable to
his guest; and whoever believes in Allaah and the Last Day should
maintain his kinship ties; and whoever believes in Allaah and the Last
Day, should speak well or remain silent." [Al-Bukhaari] In this
Hadeeth, the Prophet, , referred to three things that make people
cooperate with and love each other: extending a warm welcome to
visitors, preserving the ties of kindred andusing kind words. In fact,
he, , established a connection between these qualities and faith, in
effect, saying that anyone who believes in Allaah The Almighty and the
Last Day does not sever his kinship ties; and, that is because
maintaining kinship ties is a sign of faith.
2- A cause for increased blessings in one's provisions and age: All
people want to have a luxurious and prolonged life, because the desire
for possessions and life aretwo basic instincts in every human being.
Therefore, whoever wants to achieve this should have good relations
with his or her family, as Anas narrated that the Prophet, , said:
"Whoever loves to be granted ample provisions and a long life, should
maintain good ties with his or her relatives." [Al-Bukhaari]. In a
different wording, 'Ali related that the Prophet, , added that if such
aman also "desires to be [..] protected against an evil end [of life],
let him fear Allaah The Almighty and maintain good ties with his
relatives." [Al-Bazzaar and Al-Haakim]
3- A reason for Allaah The Almighty to also maintain ties with a
servant and honor him or her: 'Aa'ishah related that the Prophet, ,
said: "The womb [i.e., ties of kinship] is suspended from the throne
[of Allaah The Almighty], saying: Whoever preserves me, Allaah will
uphold ties with him [or her] and he who severs me, Allaah willsever
the bond with him." [Muslim] Allaah The Almighty positively responds
to this plea, thereby treating with kindness those who keep good
relations with family and cutting off those who do not. And,
certainly, it would be horrible for a weak, helpless slave if Allaah
The Almighty severed ties with him.
4- A factor that enables one to be admitted to Paradise: The Prophet,
, said: "O people exchange greetings (i.e., say: 'As-salaamu 'Alaykum'
(peace be on you) to one another), feed people, maintain kinship ties
and pray at night when others are asleep, so that you may enter
Paradise in peace." [Ahmad, At-Tirmithi and ibn Maajah]
Maintaining ties of kinship does not mean visiting, helping or serving
one's relatives in return for similar deeds on their part. True
upholding of family relations is to do so with those kith and kin who
sever their bondwith us. Thus, it refers to visiting relatives who do
not visit us, and being good to those who wrong us. 'Abdullaah ibn
'Amr ibn Al-'Aas narrates that the Prophet, , said: "A man who
perfectly maintains the ties of kinship is not he who recompenses the
good done to him by his relatives; rather, he is the one who is on
agreeable terms with those kin who have severed [their] bond with
him." [Al-Bukhaari]
In another Hadeeth on the authority of Abu Hurayrah it was mentioned
that a man came to the Prophet, , and said: "I have relatives whom I
maintain ties with, but they cut me off, and I treat them kindly, but
they deal badly with me. I am gentle with them, but they are harsh to
me.'' The Messenger of Allaah, , replied: "If you are as you say, it
is as if you are feeding them hot ashes; you will have a supporter
from Allaah against them, as longas you continue to act the way you
are." [Muslim]
Imaam An-Nawawi said: "Hotashes are used as a metaphor to demonstrate
that such relatives bear as much guilt as the pain and agony
experienced by the person who eats them. As for theone who treats such
relatives kindly, there is no argument against him, rather they are
the ones who commit a grievous sin by mistreating and harming him."
Moreover, this Hadeeth is a consolation for the many who are afflicted
with rude relatives; in their repayment of evil with good and the
former's meeting their wickedness with goodness, it is evident that it
is only the

The Salam is the payment in advance

The salam is payment in advance with delaying the receipt of the sold
item. The Muslim faqihs (jurists) define the salam as: "A contract
according to which the price of a clearly defined item is paid in
advance atthe place of concluding the contract, and the sold item is
to be received later."
This kind of transactions is permissible according to the Quran, the
Sunnah (Prophetic Tradition) and the consensus of Muslim scholars.
What proves that is what Allaah, The Exalted, Says (what means): {O
you who have believed, when you contracta debt for a specified term,
write it down...} [(Quran 2: 282]
Ibn 'Abbaas says: "I testify that Allaah has made lawful to
us(Muslims) to pay in advance for the price of a thing to be delivered
later after a specified term. He then recited this above-mentioned
verse."1
When the Prophet arrived at Madeenah and found its people paying in
advance the price of fruits to be delivered later after a year, two or
three, he said: "Whoever pays in advance the price of a thing - (or
"...of fruits..." according to another narration) - to be delivered
later should pay it for a specified measure at specified weight for
aspecified period." [Al-Bukhaari and Muslim]
This Hadeeth proves that the salam is permissible when these
conditions are fulfilled. Besides, Ibnul-Munthir and other scholars
report that scholars uniformly agree that the salam is permissible3.
Moreover, people need the salam, since one of the parties of the
transaction may be in need for being paid the price of an item in
advance while the other may be in need for buying an item for a cheap
price.
In addition to the conditions of selling, there are some conditions
necessary for validating the salam:
First: The sold item whose price isto be paid in advance must have
definite properties. This is because items whose properties cannot be
defined undergo many changes, which causes disputes between the two
parties of the sale (at the time of receiving the sold item).
Thereupon, the salam is not valid in items whose properties may
change, such as pulses, leather, utensils and jewels.
Second: The kind and the class of the sold item must be defined. For
example, if the sold item is wheat, the kind must be defined, which is
wheat here, and the class of that wheat must be defined such as
As-salamuni (a type of wheat).
Third: The sold item must be a specified quantity, weight or measure.
This is according to the meaning of the Hadeeth in which the Prophet
says: "Whoever pays in advance the price of a thing to be delivered
later shouldpay it for a specified measure or aspecified weight and
for a specified period." [Al-Bukhaari and Muslim]
Besides, if the quantity of the sold item is unspecified, it becomes
difficult to be exact.
Fourth: There must be a specified period for receiving the sold item.
This is because the Prophet says in the above-mentioned Hadeeth,
"...for a specified period." Besides, Allaah, Exalted be He, says
(what means): {O you who have believed, when you contract a debt for a
specified term, write it down...} [Quran 2: 282]
With regard to this issue, both the Hadeeth and the noble verse state
that in the salam both parties agree to the condition stating that the
sold item is to bedelivered later according to a specified period
known to both of them.
Fifth: The item sold must be present when the time of reception is
due, in order to be delivered at the stipulated time. Thereby, if that
item is not available when its time of delivery is due, the salam does
not become valid, such as paying the price of ripe dates and grapesin
advance and stipulating that the sold item be delivered in winter,
(such crops are not available at such a time).
Sixth: The price of the sold item must be paid fully in advance at the
time of concluding the contract. This is according to the Hadeeth in
which the Prophet ( ) says: "Whoever pays in advance the price of a
thing to bedelivered later should pay it for a specified measure..."
In this connection, Imaam Ash-Shaafi'i said: "The transaction of the
salam is not valid, except when the price is paid in advance and
before the two parties (the seller and the buyer) leave the place
where theyhave concluded the transaction. Besides, if the price of the
sold item is not paid at the time of concluding the contract, it will
beregarded as selling a debt for a debt, which is impermissible."
Seventh: The sold item is not to be specific (e.g. a certain house or
a specified tree). Rather, it should be regarded as a debt in the
seller's liability. Thereby, the salam is not valid when specifying a
certain house or a certain tree to be given, because this tree or
house may get damaged before being delivered to the buyer. In this
way, the desired purpose for which the salam has been decreed will not
be fulfilled.
Besides, the delivery of the sold item is to be in the same place
where the contract of the salam has been concluded, if possible.
Ifthis place is not fit for delivery (e.g. they concluded the contract
at a certain spot on land or at sea), then the place of delivery must
be mentioned in the contract. Moreover, if the two parties agree on
the place of delivery, the salam becomes permissible. Otherwise, they
must resort to the place where the contract has been concluded, for it
was fit for concluding the transaction from the start, as mentioned
before.
One of the rulings on the salam isthat it is impermissible to sell
theitem sold according to the salam to someone else (by the buyer)
before it is received. This is because the Prophet ( ) forbade selling
foodstuffs before receiving them4. In this case, the hawalah5 is
invalid, since the hawalah is only valid regarding a stable debt while
the salam can then be annulled.
Another ruling on the salam is that if the sold item is not present or
available at the due time, such as in cases when the trees have not
born fruits at the year of delivery, the one who has paid for the item
in advance may choose whether to wait until the fruits are available,
or he may askfor annulling the contract and ask for the money he has
paid. This is because in case the contract is annulled, it is
obligatory for the seller to repay the price paid in advance. If the
payment given by the buyer against the sold item is damaged, a
compensation for it must be paid. And Allaah, Exalted be He, knows
best.
In fact, allowing such a kind of transactions is a sign of the
facilitation and benevolence by which our Sharee'ah is characterized.
This is because thesalam facilitates many things for people and helps
them do what benefits them. Besides, the salamdoes not involve ribaa'
or the like of other forbidden transactions. All praise is due to
Allaah for the facilitation He grants.
Endnotes
1. Al-Hakim (3189) [2/342], Al-Bayhaqi (11081) [6/30] and 'Abur-Razzaq
(14064) [8/5].
2. Al-Bukhaari (2239) [4/540] and Muslim (4094) [6/42]. See also
Al-Bukhari (2253) [4/457].
3. See: "Al-Ijma ' " [p. 54]
4. Ahmad (15253) [3/402] and An-Nasaa'i (4610) [7/329].
5. Hawalah: The transference of a debt from the liability of the
debtor to the liability of another

The ethical framework for a Muslim investor

Money, money, money. Doesn't it make your head spin sometimes?Think of
all the things you can do if you just had a little more…
Unfortunately, this compelling greed and need sometimes drivesus to
make financially unsound decisions, and worse still, even un-Islamic
ones. The following article outlines various aspects ofIslamic
financial dealings, from paying the one you hire to what not to pay
when you owe someone. There are so many evidences with regard to
Islamic finance that they cannot and must not be ignored. If you ever
intend to spend another dollar, you must read on.
The Hirer and the Laborer
Nothing bonds employees to their place of work more than the
fulfillment of their contractual rights, including receiving their
wages on time – such treatment fosters loyalty and a sense of
belonging as well as financial security for themselves and their
family. The Prophet said: "Give the laborer his wages before his sweat
dries away." [Ibn Maajah]. He gave a stern warning to those who do not
meet their obligations by saying: "Allaah Almighty Said (what means):
'I will be an opponent to three types of people on the Day of
Resurrection: one who makes a covenant in My name, but proves
treacherous; one who sells a free person and eats his price and onewho
employs a laborer and takes full work from him, but does not pay him
for his labor.'" [Al-Bukhaari].
Our Wealth and Charity
However, the highest among the list of financial obligations is thatof
our obligation toward our Creator. The rich begin to fulfill this
obligation by giving Zakaah to the poor and they continue the
fulfillment by giving charitable donations whenever needed. Fulfilling
one's obligationtowards Allaah purifies the capital from inadvertent
errors and suspicion, as well as purifies the soul from stinginess and
selfishness.
Charity does not eat away capital,rather it increases it. On the
otherhand, withholding Zakaah is a direct reason for bankruptcy. When
people withhold Zakaah, Allaah withholds rain from them and if it were
not for the sake of preserving cattle and wildlife, therain would
cease altogether. Evidence abounds on these issuesfrom both the Quran
and Sunnah.
Allaah Says (what means): "… Andthose who hoard gold and silver and
spend it not in the way of Allaah – give them tidings of a painful
punishment. The Day when it (the gold and silver whose Zakaah was not
paid) will be heated in the Hellfire and seared therewith will be
their foreheads, their flanks and their backs, (it will be said),
'This is what you hoarded for yourselves,so taste what you used to
hoard.'" [Quran 9:34-35].
Allaah also Says (what means): "And those within whose wealth is a
known right (Zakaah). For thepetitioner and the deprived." [Quran
70:24-24].
And in another verse, Allaah Says (what means): "Take, (O Muhammad),
from their wealth a charity by which you purify them and cause them
increase, and invoke (Allaah's blessings) upon them. Indeed, your
invocations are reassurance for them. And Allaah is Hearing and
Knowing." [Quran 9:103].
The Prophet said: "No owner of treasure who does not pay Zakaah (would
be spared) but (his hoard) would be heated in the Hellfire. These
would be made into plates and with these, his sides and his forehead
would be cauterized till Allaah pronounces judgment among Hisservants
during a Day, the extent of which would be fifty thousand years. He
would then see his path, leading either to Paradise or to Hellfire…"
[Muslim].
One has only to regard the effect that Zakaah has on society to
recognize its importance. The money is paid by the rich in orderto
fulfill their obligation towards Allaah, and then used by the poorto
relieve their suffering. In a society where giving and receiving are
carried out in good faith, the poor live peacefully with the rich in a
flourishing and stable solidarity. The Prophet gave an example of this
society by saying: "When the Ash'arites run short of provisions in the
campaigns or run short of food for their children in Al-Madeenah, they
collect whatever is with them in a cloth and then partake equally from
one vessel. They are from me and I am from them." [Al-Bukhaari].
Avoiding Ribaa (Interest)
A careful analysis of the history ofcivilizations reveals a common
root to all turmoil and political unrest – and that root is usury.
This is the reason why Islam tookan extremely firm stand on the issue
of interest.
Muslim investors should be extremely careful to avoid engaging in
transactions involving interest or in any transaction involving
interest masquerading as a seemingly lawful transaction.
Allaah forbade interest and threatened those who take it with severe
punishment, when He Says (what means):
"Those who consume interest cannot stand (on the Day of Resurrection)
except as one stands who is being beaten by Satan into insanity. That
is because they say: 'Trade is (just) like interest.' But Allaah has
permitted trade and has forbidden interest. So whoever has received an
admonition from his Lord and desists may have what is past, and his
affair rests with Allaah. But whoever returns (to dealing in interest
or usury) – those are the companions of the Fire; they will abide
eternally therein. Allaah destroys interest and gives increase for
charities. And Allaah does not like every sinning disbeliever." [Quran
2:275-276].
Allaah Almighty declared war against those who take interest and
encouraged lenders to be patient with borrowers to the point of
absolving them from all, or part, of the loan in the following verse,
when He Says (what means):
"O you who have believed, fear Allaah and give up what remains (due
to you) of interest, if you should be believers. And if you donot,
then be informed of a war (against you) from Allaah and His Messenger.
But if you repent, youmay have your capital – (thus) you do no wrong,
nor are you wronged. And if someone is in hardship, then (let there
be) postponement until (a time of) ease. But if you give (from your
right as) charity, then it is better for you, if you only knew."
[Quran 2:278-281]
Islam's ruling on taking interest is very straightforward and severe.
It is considered to be one of the seven mortal sins. The Prophet said:
"Avoid the seven great destructive sins." Thepeople inquired: 'O
Allaah's Messenger! What are they?' He said: 'To join others in
worship along with Allaah, to practice sorcery, to take the life which
Allaah has forbidden except for a just cause (according to Islamic
law), to eat up Ribaa (usury), to eat up an orphan's wealth, to show
one's back to the enemy and fleeing from the battlefield at the time
of fighting; and to accuse chaste women, who do not have any unchaste
thoughts and are good believers.'" [Al-Bukhaari].
The Prophet went on to cursethe taker of interest, its payer and also
the one who records it, including the two witnesses. He said: "They
are all equal." [Muslim].
The Prophet further said: "This night I dreamt that two men came and
took me to a holy land whence we proceeded on tillwe reached a river
of blood, where a man was standing, and on its bank was standing
anotherman with stones in his hands. The man in the middle of the
river tried to come out, but the other threw a stone in his mouthand
forced him to go back to his original place. So, whenever he tried to
come out, the other man would throw a stone in his mouth and force him
to go back to his former place. I asked: 'Whois this?' I was told:
'The person inthe river used to eat Ribaa.'"

Dought & clear - , She helped her neighbour give birth then the child died and she does not know whether the cause was her pulling him by his head or the difficulty of the birth; what should she do?.

My grandmother, who is 84 years old, has been constantly asking about
this fatwa for more than 40 years, because she always has a guilty
conscience and feels thatshe did wrong and wants to expiate for it if
there is any sin on her. The story began when my grandmother helped
her neighbour give birth, because at that time there were no health
centres or hospitals. During the birth, my grandmother pulled the baby
out by his head because the birth was difficult and the baby was stuck
in the birth canal. My grandmother pulled the baby out and found that
he had died and his face was blue; she does not know whether the baby
died because of her pulling on his head or if he had suffocated when
he was stuck in the birthcanal. I hope that you can tell us whether
thereis any sin on her and what she must do in order to put her mind
at rest, as her conscience has always been bothering her. She is an
old lady, religiously committed and always does good deeds; perhaps in
the past she was unaware of what can be done during a difficult birth.
It was her eagerness to do good deeds that prompted herto help her
neighbour?.
Praise be to Allaah.
The shar'i ruling concerning your question depends; there are three
possible scenarios.
(i)
If doctors and specialist obstetricians say that it is most likely
that your grandmother had nothing to do with the death of the infant
during the birth, and that what she tells of thedetails that she
remembers about the birth indicate that the death occurred naturallyas
a result of the difficultlabour. In this case your grandmother is not
liable and there is no sin on her; she does not have to pay diyah
(bloodmoney) or offer expiation because she is not responsible and had
no connection to the death.
(ii)
If the consultant doctors are uncertain and the details that the
questioner related cannot help them to define the cause of death, then
are your grandmother does not have to do anything, because the basic
principle is that the individual is innocent and that cannot be
changed without proof and evidence.
(iii)
But if the doctors think itmost likely that the cause of the infant's
death was a mistake during the birth, and that pulling on the head in
this manner led to suffocation, then this is accidental killing, and
the one who did that has to repent sincerely and fast two
consecutivemonths as expiation for accidental killing. She also has to
pay diyah (blood money) to the heirs of the infant unlessthey agree to
let her off. The Prophet (blessings and peace of Allah be upon him)
said: "The one who gives medical treatment when he is not known to
have knowledge of medicine is liable." Narrated by Abu Dawood and
classedas hasan by al-Albaani. Saheeh al-Jaami', 6153.
Imam ash-Shaafa'i (may Allah have mercy on him) said:
If someone orders a manto treat him with cupping, circumcise his child
or treat his animal, and they die as a result of his actions, if he
did what is usually done in the interests of the one to whom it was
done according to those who have knowledge of such matters, then he is
not liable; but if he did whatis not usually done by one who is
seeking to do the right thing and has knowledge of such matters, then
he is liable.End quote from al-Umm, 6/185
Imam al-Khattaabi (may Allah have mercy on him) said:
I do not know of any dissenting opinion with regard to medical
treatment; if (the doctor)mishandles the case and the patient dies, he
is liable. The one who deals with matters of knowledge or practical
matters when he has no knowledge thereof is a wrongdoer; if damage
results from his actions, he is liable and must paythe diyah, but the
hadd punishment is not to be carried out on him.
End quote from Ma'aalimas-Sunan, 4/39
For more information please see al-Mawsoo'ahal-Fiqhiyyah
al-Kuwaitiyyah, 12/138; Ahkaam al-Jarraahah at-Tibbiyyah by
ash-Shanqeeti, p. 519-534
To sum up, it is essential to consult specialist doctors. If they
think it most likely that your grandmother made a mistake, then she is
liable and must pay the diyah and observe the expiatory fast;
otherwiseshe does not have to do anything. May Allah *- visit for
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