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Wednesday, July 17, 2013

Fathwa - The sale of this land is valid

Question
We bought a piece of residential land about 25 years ago.The land has
Railway crossing near it.We have sold the land to third person an
received some amount inadvance from him,when remaining amount will be
paid the ownership will be transfered to purchaser.After we have
received the amount of advance we come to know that the railway line
results in some cracks in nearby houses. We have not told purchaser
about this as we were unaware of the fact...No what we shoul ddo? will
this sale transaction be valid?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
What you have mentioned does not affect the validity of the sale and
you are not obligated to tell the buyer about it because if the
railway existed during the sale, then it is something that cannot be
hidden, and if it did not exist, then the occurrence of what you
mentioned )i.e. the cracks in nearby houses( is just an expectation
that does not count at all.Again, you have sold the land to him and he
may benefit from it by building or in other purposes.
In any case, expecting an effect to occur due to therailway line that
is near the land does not affect the stated sale and it is not
obligatory to tell the buyer about it.
Allaah Knows best.

Fathwa - Wages and duration of labor contract must be specified

Question
Dear Shaykh, Assalaamhu Alaikum My question is about working for my
mother who has a house and wishes to rent roomsin it. She agreed, and
as I need to earn a proper salary/wage, she agreed to pay me every
month from the rental profits, provided I look after the running of
the property. Mother has said that she doesn't want any of the profit
and would allow me to have all of it as a wage in return to fulfilling
certain work conditions i.e. deal with estate agents or advertise for
tenants. Deal with any repairs such as calling out electricians,
plumbers etcand paying them out of the rental profits. Deal with
paying bills out of the rental profits. And dealing with tenants'
complaints and ensuring that they have what they need. The amount of
rental income she could receive could vary in the year according to
how many rooms we fill in or how long the tenants stay. Some months
she may get £600 and other months it could be £1200 and then other
months it could be £2400 or even more etc. The problem here is how
should a work contract in Islam bemade between my mother and I? Should
there be a defined fixed period of a beginning and an end
stipulated)and renewed if necessary(, and should she pay me a fixed
wage/salary as opposed to me accepting any odd amount that we are left
with at the end of the month for the same conditions required of me?
And also there may be times where nothing is required of me i.e. a
month or two may pass and the tenants have no need of me or there are
no repairs to be made or no bill to pay etc. Am I still entitled to my
wage/salary for this period within the contract? Is it permissiblefor
me to except whatever amount we receive in total profit at the end of
the month, every month i.e. £600 one month, £1800 the next month etc.
for my services on the basis that my mother has agreed to not wanting
any of the profit and has said that I can take all of it? Please
advise me as to how I should go about all of this insha'Allah.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad,
is His Slave and Messenger.
There is nothing wrong with working with your mother in running the
house for her, however, there should be a fixed fee and it is not
appropriate for it to be unknown, i.e. to be what remains after paying
billsand the like from the rental income from the rooms. In addition,
this income is not stable for itmay be little or much.
Anyway, you can agree with your mother to get a fixed salary and if
whatremains from the rent money exceeds it, she can give it to you as
a giftif she wills. Also, you haveto agree with her on a fixed period
of the contract and it may be onan annual or monthly basis, i.e. that
a specific sum of money for each month or so.
Allaah Knows best.

- Ramadan Articles, - How we should receive Ramadan - II

5. ReceivingRamadanby making the best use of time
Time is very precious because every minute that passes can never
return.Ramadanis also a means of success or failure, salvation or
destruction…
Amongst the obligatory and recommended acts of worship inRamadanare:
First:Fasting during the daytime:
Allaah The Almighty Says )what means(:}So whoever sights ]the new moon
of[ the month, let himfast it; and whoever is ill or on a journey -
then an equal number of other days.{]Quran 2: 185[
Moreover, the Prophet,, said:"Whoever fasts Ramadan out of faith and
seeking the reward of Allaah, his previous sins will be
forgiven."]Al-Bukhaari and Muslim[
Second:Performing voluntary night prayers )theTaraaweehprayer(:
It was narrated that the Prophet,, said:"Whoever stands )in voluntary
prayer at night in( Ramadan out of faith and seeking the reward of
Allaah, his previous sins will be forgiven."]Al-Bukhaari and Muslim[
Third:Reciting the Quran:
Ramadanis the month of the Noble Quran. Allaah The AlmightySays )what
means(:}The month of Ramadan ]is that[ in which was revealed the
Quran, a guidance for the people and clearproofs of guidance and
criterion.{]Quran 2: 185[
The angel Jibreel )Gabriel(would study the Quran with the Prophet,, in
the month ofRamadan. Hence, our righteous predecessors would devote
themselves and their time to reciting the Quran inRamadan. So would
used to recite the Quran in the prayers and at othertimes.
Az-Zuhrisaid at the advent of the blessed month ofRamadan,"It is only
for reciting the Quran and giving food."
Fourth: GivingIftaar)the fast-breaking meal( to fasting people:
It was narrated that the Prophet,, said:"Whoever gives food tosomeone
who is fasting to break his fast with will have a reward like his,
without that detracting from the fasting person's rewardin the
slightest."]Al-Bukhaari andMuslim[
Fifth:Generosity:
It was narrated that the Messenger of Allaah,, was the most generous
of people, and he was the most generous duringRamadan. ]Al-Bukhaari
and Muslim[.
Sixth:Performing 'Umrah)lesser pilgrimage( inRamadan:
It was narrated that the Prophet,, said:"'Umrah in Ramadan is
equivalent )in reward( to Hajj."In another narration:"To Hajj with me
."]Al-Bukhaari and Muslim[
Seventh:PerformingI'tikaaf)seclusion in the mosque(:
I'tikaafis in the last ten days ofRamadan. It was narrated that
'Aa'ishahsaid,"The Prophetwould practice I'tikaaf duringthe last ten
days of Ramadan until he passed away and then his wives would practice
I'tikaaf after him."]Al-Bukhaari and Muslim[
Eighth:Seeking the Night ofAl-Qadr)Divine decree( and spending its
time in prayer:
It was narrated that the Prophet,, said:"Whoever stands )in prayer(
during the Night of Al-Qadr out of faith and seeking the reward of
Allaah, he will be forgiven his previous sins."]Al-Bukhaari and
Muslim[
This is is during the last ten days ofRamadan.
6. ReceivingRamadanby perfecting and excelling in deeds
Allaah The Almighty Says )what means(:
•}Indeed, We will not allow to be lost the reward of any who did well
in deeds.{]Quran 18: 30[
•}For indeed, Allaah does not allow to be lost the reward of those who
do good.{]Quran 11: 115[
We mentioned this because some people, may Allaah guide them, made the
fast a pretext forneglecting public duties and the tasks that they are
assigned. If one were to ask one of them why, he would reply, is it
not sufficient that I am fasting? It is as if fasting entails
laziness, neglecting public duties, and making things difficult for
others. On the contrary, it calls for being active, striving,
treatingpeople kindly and making things easy for them.
7. ReceivingRamadanwith forgiveness, tolerance and good morals
It was narrated that the Messenger of Allaah,said:"If one of you is
fasting, he should avoid sexual relations with his wife and
quarreling, and if somebody fights or quarrels withhim, he should
respond: 'I am fasting.'"]Al-Bukhaari and Muslim[
Thus, we have to adhere firmly tothe noble morals of Islam in this
month as well as in all other months. That is to say, everyone should
fulfill his obligations towards his Lord, the Prophet,and his fellow
Muslims and ask for his needs kindly so that he may attain piety,
which is the main aim behind fasting as Allaah The Almighty Says )what
means(:}Decreed upon you is fasting as it was decreed upon those
before you that you may become righteous.{]Quran 2: 183[
Consequently, fasting entails:
1-Refraining from satisfying the desires of the stomach and the sexual organs.
2-Restraining the eyes, tongue, feet, ears and all other organs of the
body from committing sins.
3-Making the heart refrain from ill thoughts and thoughts that would
direct it away from Allaah The Almighty and from thinking about
anything except Allaah TheAlmighty.
8. ReceivingRamadanby calling oneself to account
Allaah The Almighty Says )what means(:}O you who have believed, fear
Allaah. And let every soul look to what it has putforth for tomorrow -
and fear Allaah. Indeed, Allaah is Acquainted with what you do. And be
not like those who forgotAllaah, so He made them forget
themselves.{]Quran 59:18-19[
Furthermore, 'Umar ibn Al-Khattaab,said,"Hold yourself to account
before you are held to account, and weigh yourselves before you are
weighed, as reckoning yourselvestoday will make it easier for you to
be reckoned tomorrow."
Self-reckoning should be before and after doing any action:
Doing it before doing any action is to reckon oneself on his intention
and in following the way of the Prophet,.
Reckoning after the action is of three types:
First,one should reckon his soul for its gross negligence wit respect
to the acts of worshipingAllaah The Almighty which it has not
performed properly, and the right of Allaah, in acts of
Worship, has six requirements:
1- Sincerity of intention in doing any action.
2- Attempting to do it perfectly and in a way that would Allaah The Almighty.
3- Doing itin accordance with theguidance of the Prophet,.
4-Worshipping Allaah as though one sees Him
5-Acknowledging the Blessings of AllaahThe Almighty upon him with
regard to enabling him to do the act.
6-Acknowledging one's shortcomings with respects to it.
Secondone should reckon his soul for any action that he has done when
it would have been better for him not to have done.
Thirdone should cast a critical look back at whatever permissible acts
he has done andask himself why he did them: Were they for the sake of
Allaah The Almighty and the Hereafter? If so, he will be rewarded
greatly,however, if he did it for this world and its trivial gains, he
willmiss great rewards.
Therefore, we could receive, live, feel delighted and benefit from the
blessed month ofRamadan,and if we cannot do that, we would be like the
Prophet,, said:"It may be that all a fasting person gets from his fast
is hunger and thirst, and it may be that all a person who prays at
night gets from his prayer is sleeplessness."]Ahmad[
]Al-Albaani:Saheeh)Authentic([
We ask Allaah The Almighty sincerely to accept our good deeds and not
to return them as empty.

- Ramadan Articles, - How we should receive Ramadan - I

People have various ideas and ways of receiving the blessed month
ofRamadanand invest this occasion in fulfilling their favorite actions
and activities. Some of them make this an occasion for laziness,
idleness, sleep and neglecting the differentacts of obedience that
they could otherwise be doing. Others find this a good opportunity for
watching shows on satellite television while others stay up late at
night and use this precious time to pay visits, go to markets, relax,
make trips and the like while others make it an occasion for
exaggeration in eating, drinking and doing whatever they like, as
ifRamadanis the month of food and drink, and not the month of fasting.
However, there are some other people for whom Allaah The Almighty
wants good for and thus guides them to the right way so that they
became able to differentiate between what is right and what is wrong.
Such people receive this blessed month warmly and happily since they
believe that it is a golden opportunity to attain forgivenessfor sins
and make a new start that would be sin-free. In fact, the blessed
month ofRamadanisthe month of forgiveness, mercy and emancipation from
Hell. The Prophet,, used to give his Companions glad tidings on the
arrival ofRamadansaying:"There has come to you Ramadan, a blessed
month which Allaah has enjoined you to fast, during which the gates of
Paradise are opened and the gates of Hell are closed, and the
rebellious devils are chained up. In it there is a night which is
better than a thousand months - whoever is deprived of its goodness is
indeed deprived."]An-Nasaa'i, Al-Albaani:Saheeh)Authentic([
Consequently, these people knewwell the virtues, rewards and goodness
of this blessed month and thus they decide to reap all these fruits
and benefits so that they may not be among those who will say ]what
Allaah The Almighty Says )which means([:}I wish I had sent ahead ]some
good[ for my life.{]Quran 89: 24[ or say ]what Allaah The Almighty
Says )which means([:}My Lord, send me back, that I might do
righteousness in that which I leftbehind.{]Quran 23:99-100[ They do
not wish to be among those who will regret their negligence at a time
when regret will be of no use.
Therefore, those people whom Allaah has guided to receive the blessed
month ofRamadanproperly, are determined to do the following:
1.Sincere Repentance
Repentance of sins is obligatory at all times, especially in the month
ofRamadan. If a person does not repent inRamadan, then when would he
repent? If one does not feel regret inRamadan, then when would he feel
regret? Allaah The Almighty Says )what means(:}And turn to Allaah in
repentance, all of you, O believers, that you might succeed.{]Quran
24:31[
O you who delay His repentance, until when will you postpone it?
You told yourself: When I observefast inRamadan, I will repent. Well,
here are the days of the blessed month ofRamadanfast approaching, yet
you still refuse to turn to your Lord in repentance. You are turning
away from Him, not coming closer to Him. You still insist resolutely
on your disobedience. Do you not fear that the Angel of Death may come
to you while you are in such a state? How could you be guided to the
path of repentance while you firmly insist on going in the opposite
direction?
Allaah The Almighty forgives all sins: He spreads out His Hand at
night to accept the repentance ofthe one who has sinned during the
day, and He spreads out His Hand by day to accept the repentance of
the one who has sinned during the night. Allaah The Almighty rejoices
over those who turn to Him in repentance and over the regret of the
sinful people. Therefore, He opens a door from the direction of the
west for seventy years for the purpose of repentance, and it will not
be closed until the sun rises from the west as the Prophet,, said.
]Ahmad and At-Tirmithi[
So where are those who long to turn to Allaah The Almighty in repentance?
2.ReceivingRamadanby devotingall actions sincerely and solely to
Allaah The Almighty
One concept should be very clear to all from the onset: If your acts
lack sincerity, then do not botherexhausting yourself because no
action will be accepted without sincerity. Allaah The Almighty Says
)what means(:}So whoever would hope for the meeting withhis Lord - let
him do righteous work and not associate in the worship of his Lord
anyone.{]Quran 18: 110[ It was narrated that the Prophet,,
said:"Allaah The Almighty Says: 'I am so self-sufficient that I am in
no need of having an associate. Thuswhoever does an action for someone
else's sake as well as mine, I will leave him to whom he has
associated with Me.'"]Muslim[
Fasting is one of the greatest acts of worship that instill sincerity
in the heart of the Muslim. This is because the fasting person cannot
be known except by Allaah The Almighty, The Most Exalted, especially
if he observes fasting in days other than the days ofRamadanand even
inRamadan, for one can pretend that he is fasting while he is not. In
addition to this, the fasting person keeps away from the slightest
thing that can affecthis fasting out of sincerity to Allaah The
Almighty and seeking His pleasure. Therefore, Allaah The Almighty has
hidden the reward of fasting and made it forHimself in much the same
way asthe fasting person has hidden hisfasting from other people, and
ofcourse Allaah The Almighty only gives that which is bountiful and
plentiful. Allaah The Almighty says in aQudsi)Sacred(Hadeeth:}Every
deed of the son of Aadam)Adam( will be rewarded between ten and seven
hundred fold, except fasting, for it is for Me and I shall reward it
Myself.{]Al-Bukhaari and Muslim[
3.ReceivingRamadanby adheringstrictly to theSunnahof the Prophet,
No act can be accepted unless it meets two conditions: that it is
accompanied by asincere intention, which is that one should do it only
for the sake of Allaah The Almighty, andin that it isin accordance
with the guidance of the Prophet,.
The verse mentioned above refers to both of these conditions.
*}So whoever would hope for the meeting with his Lord - let him do
righteous work{refers tofollowing the guidance of the Prophet,, and
*}And not associate in the worship of his Lord anyone.{]Quran 18: 110[
refers to a sincereintention.
Indeed the Prophet,, clarifiedeverything about the matter of fasting
such as when to start andstop fasting, its pillars, its obligations,
its recommended acts, its manners, its virtues and its benefits,
things that break thefast, what cannot affect the fast, excuses that
allow one to break the fast, and everything else that is related to
the fast.
4.ReceivingRamadanwith patience
In fact,Ramadanis the month of patience and forbearance. In it, one
abstains from some of his usual habits, food, drink, sexual
intercourse and anything else that would break the fast as a form of
obedience to Allaah The Almighty and worship that brings one closer to
Him.
Patience is one of the most difficult things for the soul. Therefore,
patience represents half of faith and the patient will be given an
immense reward as Allaah The Almighty Says )what means(:}Indeed, the
patient will be given their reward without account.{]Quran 39: 10[
Patience is of three types:
1- Patienceconcerning the obligations )required by Allaah The
Almighty( that one should fulfill;
2- Patiencein abstaining from actions forbidden by Him, that one should not do;
3- Patienceconcerning afflictions,that one should not resent or
complain of his Lord to.
One should have all three of these.
There are many reasons why one should observe patience, including:
1-Love for Allaah The Almighty.
2-Fear of Allaah The Almighty.
3-Nobility and purity of the soul.
4-Lack of worldly desires and certainty that one will soon depart this world.
5-Avoiding excess in food, drink, clothing, sex, and mixing with people.
6-Feeling shy and embarrassed before Allaah The Almighty.
7-Remembering the blessings that Allaah The Almighty has given as well
as his kindness.
8-Acknowledging the evil and dire consequences of disobedience.
9-Certain knowledge of the consequences of disobedience and the harm
that may result from it.
10-Knowledge of the good consequences and rewards of obeying Allaah
The Almighty .
11-Faith that is firmly-rooted in the heart.
If one pays attention and adheresto these factors, then they will
bethe finest help for him in fulfillingacts of obedience and
refraining from doing sinful acts, particularly, in this month of
fasting that entails exerting oneself in doing many righteous acts and
keeping away from committing sins.