Giving Food

Giving food in Surah Al-Insaan (No.76):
This is a good gesture of Allaah's Mercy to Mention giving food in a
Surah that is entitled "Al-Insaan".Allaah The Exalted Says (what
means): {And they give food in spite of love for it to the needy, the
orphan, and the captive…} [76:8]
Ibn 'Abbaas and Mujaahid said, "This verse denotes that they feed the
needy, the orphan and the captive despite the scarcity of food and
their need and love for it."
What about you and your food?
How great a deed is feeding the hungry in our time!
Allaah The Exalted Says (what means): {Or feeding on a day of severe
hunger…} [90:14]
An-Nakha'i commented on this verse saying, "They feed the hungry at
times when food is notample."
Mohammed ibn Al-Munkadir said, "Feeding hungry Muslims guarantees the
forgiveness of sins."
He also said on another occasion: "Feeding the hungry and saying kind
words to others usher you to Paradise."
Dear brother and sister, you may notice how our days - in some Muslim
countries - have turned into days of severe hunger. Food has become
scarce and meat has also become scarce as well as being too expensive
for the poor.
What about you, dear readers? What about your food?
An explicit command:
Feeding people in general and a hungry person in particular has been
explicitly mentioned in the command of the Messenger of Allaah . Abu
Moosa Al-Ash'ari reported that the Prophet said: "Feed the hungry, pay
a visit to the sick and free ree the captives." [Saheeh] A reported
saying reads, "The best charity is to satisfy a hungry person." Alas,
a Muslim may sit at an Iftaar table with delicious and tasty dishes
while his neighbors break their fast with a few morsels of food, if
they can be found!
The Righteous Predecessors :
Our righteous predecessors were keen to feed people and favored this
act of worship over many others, whether it was for a hungry poor
person or feeding a righteous Muslim. Poverty is notan essential
condition in this regard. The Messenger of Allaah said: "O people!
Spread the Islamic greetings amongst yourselves, feed the hungry,
maintain kinship relations, observe prayer at night while people are
asleep and you will peacefully enter the Paradise." [Saheeh]
Some of the righteous predecessors said, "It is better for me to
invite ten of my friends and feed them delicious food that they like
than freeing ten slaves from the children of Ismaa'eel (i.e. Arabs)."
Abu As-Siwaar Al-'Adawi said, "Some men from the 'Uday tribe used to
pray in this mosque and none of them would break his fast alone. If
one found someone to eat with, he would eat. If he could not find
someone to eat with, he would take his food and go to the mosque to
share it with the people in the mosque."
Fruits of Feeding the Hungry:
The act of worship of feeding the hungry gives rise to many other acts
of worship such as showing affection towards one's fellow Muslims whom
he feeds and this can be a reason for him being granted Paradise. The
Prophet said: "You shall not enter Paradise as long as you do not
affirm belief (in all those things which are the articles of faith)
and you will not believe as long as you do not love one another."
[Muslim]
It also gives rise to (the act of worship) being in the company
ofrighteous people and hoping for the rewards of Allaah The Almighty
in offering them food asthey gain strength to perform acts of worship.
Food baskets:
Some righteous predecessors used to send their friends abasket full of
sugar or other such food.
Yunus ibn 'Ubayd Yahdi said, "I gave a basket of sugar to Al-Hasan
Al-Basri as a gift and I have not seen any sugar better than this one.
He opened the basket and said to his companions, "Eat and enjoy." -
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The channels of Zakaah

Allaah Almighty classifies the eligible recipients of Zakaah under
eight categories. He, Almighty Says (what means): "Zakaah expenditures
are only forthe poor and for the needy and for those employed to
collect [Zakaah] and for bringing hearts together [for Islam] and for
freeing captives [or slaves] and for those in debt and for the cause
of Allaah and for the [stranded] traveler – an obligation [imposed] by
Allaah. And Allaah is Knowing and Wise." [Quran 9: 60]
The following is the list of the eight categories of eligible people
with a brief definition of each one:
1. The Poor:
The poor is a person who does not have sufficient wealth to fulfill
his needs and the needs of his dependents, such as food, drink,
clothing and housing. He may be considered poor (according to his
situation) even though he may possess the minimum amount required for
payment of Zakaah (i.e. Nisaab).
2. The Needy:
The needy (Miskeen) may be someone whose level of poverty is more than
the poor or less than him. However, their ruling isthe same in all
matters. These poor and needy can have decent houses and clothes and
yet be considered poor and needy if they do not possess their basic
essential needs. The Messenger ofAllaah defined the Miskeen in some
narrations as: "The Miskeenis not the one who goes around among the
people (begging) maybe receiving a morsel or two,and a date or two.
Rather, the Miskeen is the one who does not have enough wealth to
suffice him, however he does not let others know about it in order to
be given charity and he does not stand and beg people." [Al-Bukhaari]
3. The Zakaah employees (or those who are involved with its work):
Those are the Muslims who are employed to collect Zakaah, either
through persuasion or force – from those who are not willing to give
it. They are given their salaries from the Zakaah collection.
4. Reconciliation of hearts (Al-Mu'allafati Quloobuhom):
They are those new Muslims whose faith is weak and may sometimes have
a strong influence among their people. Thus, they are given from
Zakaah in order to appease their hearts, strengthen their faith and
make them attach wholeheartedly to Islam. This in hopes that
comprehensive benefit may be gained from them or their evil be
restrained.
Zakaah may also be given to non-Muslims in hopes that they may accept
Islam or that their people may become Muslims. Thus, such people are
given from Zakaah in order to encourage them to accept Islam and
endear it to them.
5. The slaves:
The intent of this category is thatthe Muslim who is a slave be
purchased from Zakaah (funds) and freed (solely for the sake of
pleasing Allaah). It also applies tothe Muslim who is an indentured
servant (i.e. he has a contract with his owner to be freed upon paying
a sum of money). Such a person may be given from Zakaahthat which will
help him fulfill the contract and thus become a freeman after that.
6. The indebted:
He is a person who owes a debt that he did not acquire through
disobedience to Allaah and His Messenger, sallallaaahu alayhi
wasallam, and it has become impossible for him to pay it off. Such a
person is given the amount which will allow him to pay off his debt
from Zakaah. Thisis due to the statement of the Prophet : "Begging is
not permissible, except for three: For the person who is extremely
poor, or the person who has severe debt, or the person who owes a
(debt of) blood (money)." [At-Tirmithi and Abu Daawood] Ifone decides
to pay Zakaah due onhim in the form of repaying debtsfor someone, he
should inform him. Otherwise, it will not be considered as Zakaah.
Rather will count as charity, and he would still have to pay out the
Zakaah due on him.
7. In the way of Allaah:
This is paid for Jihaad (fighting) inorder to elevate the Word of
Allaah, the Most High, or anythingthat assists in it in any form.
Hence, the one who goes out to fight in the way of Allaah is given
(from Zakaah), even if he is wealthy. According to the opinion of
Imaam Ahmad this also applies to assisting a person who is too poor to
perform Hajj.
8. The wayfarer:
He is the traveler who spent all his money outside his hometownor city
during his travel. Therefore, he is given from Zakaah that which will
fulfill his needs as a stranger, even if he is a wealthy man in his
homeland. This is due to the poverty he is experiencing in his journey
and being cut off from his resources. This is the case when there is
no one who can give him a loan thatwill be of assistance to him in
fulfilling his needs. If there is someone who can give him a loan,
then he is obligated to take the loan and he is not given Zakaah as
long as he is considered a wealthy man in his own land (this is
according to theMaaliki school of jurisprudence). This only applies if
his travel is fora permissible cause (i.e. did not travel to commit a
sin).
General guidelines:
1. If a Muslim pays Zakaah of his wealth to any one of the eight
categories of (eligible) recipients, then that is sufficient. However,
he should give precedence to those recipients who are most important
and have a greater need.
2. Zakaah is not paid to those whom it is obligatory upon the Muslim
to spend on, like the parents, the children, and the wife, because it
is obligatory upon him to spend on them whenever they are in need.
3. Zakaah is not acceptable except with its intention. If a person
pays it without having theintention of paying the obligatoryZakaah, it
will not be considered Zakaah. This is due to the Prophet informing us
that deeds are judged by their intentions, and that every person will
get what he intended. [Al-Bukhaari]
Therefore, the one who pays it must do so with the intention of paying
his due Zakaah that is obligatory upon him to pay. He should also make
his intention topay it solely for the sake of Allaah, as sincere
intention is a condition for the acceptance of every act or worship.

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Her married brother died before her father died; who has the right of inheritance after the death of her father?.

My father died a month back.
He has a house in his name.
His son ( my brother ) died in an accident 8 years back leaving his wife.
I am the only daughter.
My mother ( my fathers one and only wife) is alive.
My father has two brothers and 4 sisters.
How to divide the property?
Praise be to Allah.
If the heirs are limited tothose mentioned in the question, then the
estateis to be divided among them as follows:
The daughter gets half, because Allah, may He beexalted, says
(interpretation of the meaning):
"…if only one [daughter], her share is half…"
[an-Nisa' 4:11].
The wife gets one eighth, because Allah, may He be exalted, says
(interpretation of the meaning):
"…their (your wives) share is a fourth if you leave no child; but if
youleave a child, they get aneighth of that which youleave after
payment of legacies that you may have bequeathed or debts…"
[an-Nisa' 4:12].
The rest of the estate goes to the siblings, male and female, with
each male getting the share of two females, because Allah, may He
beexalted, says (interpretation of the meaning):
"if there are brothers and sisters, the male will have twice the share
of the female"
[an-Nisa' 4:176].
With regard to your brother who died beforeyour father, he has no
share of the estate, because one of the conditions of inheritance is
that the heir should still be alive. Based on that, his wife has no
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How should they dividethe house that they haveinherited? They worked to complete it, some of them spent on construction and some spent on finishing it.

A man left behind a two-storey house; each storey was an apartmentthat
was not completely finished. The heirs are his wife, four sons and two
daughters. The first son and the mother finished the first floor and
he got married and moved in. The third son finished the second floor,
and got married and lives there with his mother. Then the secondson
built an apartment on top of the house (a third floor) without any
help from anybody. Thenthe mother built an apartment on the top of the
house (a fourth floor), where the fourth son now lives, so that there
would not be any problems. The fourth sondid some of the finishing.
Please note that the older daughter got married when the father was
still alive and the younger daughter got married after he died. Also,
everything that the mother did of construction was paid for from the
husband's pension.
How should this house – including the apartment that was built by the
second son and the apartment that was builtby the mother – be divided?
Praise be to Allah.
Firstly:
The scholars are unanimously agreed that ownership of the estate
passes to the heirsas soon as the deceased dies. It says in
al-Mawsoo'ah al-Fiqhiyyah (24/76): Thefuqaha' are unanimouslyagreed
that the estate passes to the heir, if there are no debts, from the
moment the deceased dies. End quote.
Secondly:
If a man dies and leaves behind a wife, four sons and two daughters,
and he did not leave behind any other heir, then the wife gets a share
of one eighth, because there are descendants who inherit. Allah, may
He be exalted, says (interpretation of the meaning):
"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"
[an-Nisa' 4:12].
The rest goes to the sonsand two daughters, witheach male getting the
share of two females, because Allah, may He beexalted, says
(interpretation of the meaning):
"Allah commands you as regards your children's (inheritance); to the
male, a portion equal to that of two females"
[an-Nisa' 4:11].
Thirdly:
If the heirs have agreed among themselves to some way of dividing the
estate, there is nothing wrong with thatand it is called "division by
mutual consent." But if they disagree then theway to deal with it is
to refer to the sharee'ah courts.
The scholars of the Standing Committee were asked:
How should inherited houses and movable possessions such as cars,
tools and so on be divided, when there is mutual consent and when
there is no mutual consent among the heirs? How should a rented store
be divided (i.e., the deceased used to rent it from someone else)? If
we say that the rental contract is inherited, please note that the
heirs are not able to benefit from these things because they cannot
all benefit from these things.
They replied: It should be divided among them according to the shares
of inheritance prescribed in Islam, withthe help of experts in
evaluation of the estate. If they agree amongst themselves to this
division and they are mature adults, there is nothing wrong with that.
But if they disagree, then the dispute should be referred to the
sharee'ah court. End quote from Fataawa al-Lajnah ad-Daa'imah, 16/459
It says in al-Mawsoo 'ah al-Fiqhiyyah (33/215):
The partners all want to divide the shared wealth, or some of them
want to do that and the others have agreed to the division and the
manner of implementingit, so they do not have any need to go to the
judge. In that case the division is called divisionby mutual consent.
One or more may want to do that but others may refuse. If the one who
wants to do it refers the matter to the court, and the judge takes
charge of dividing the wealth in accordance with Islamic principles,
in this case the division is called compulsory division.
Division by mutual consent is that which is done with the approval of
all partners.
Compulsory division is that which is done through the court because
there is no agreement among the partners. End quote.
On the basis of the above:
If you have agreed to divide the wealth amongst yourselves in a
certain manner, then praise be to Allah, and the matter is as you
haveagreed, no matter what form it takes.
But if you disagree, thenthe way to deal with it isto refer the matter
to the sharee'ah court to judge between you.
If there is no sharee'ah court, or you refuse to refer the matter to
the court, then the current value of the house, with all its floors
and finishings, should be worked out, then each heir should be given
back what he spent on construction or finishing, or an amount in
addition to his share should be worked out for him. The value of the
apartment where he is living should not be given to him in full,
evenif he built it independently, because the value of the apartment
includes a share of the value of the land. What he spent should also
not be given to him in full because the value of the structure he
built or the finishing usually depreciates with use, and he originally
spent itfor his own benefit.
Whatever is left of the value of the house should then be divided
among all the heirs, as described above.
For example, what the mother spent on construction or finishingmay
either be returned to her possession, and she may dispose of it
however she wants, or itmay be included in the estate and be divided
among all the heirs according to their shares.
In this case, either the house should be sold and each one can take
his share of the inheritance along with what he spent on construction
or finishing, or each one can stay in the apartment he built on the
basis that he will paywhat he owes to the other heirs, or it may
remain a debt that he owes to them, if the one who is entitled to that
agrees to it.

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