Fathwa, - Implicit words of divorce are ineffective without the intention

Question
I once said to my wife some words that would be considered implicit
divorce. My intention wasn't to divorce her but to let her know my
displeasure. I had always thought that the words have to explicit for
divorce to occur. Later on, I read on IslamQA there is an opinion that
even implicit words lead to divorce. The shaykh said the strongest
opinion is that it's not a divorce. Later on, I read the same thing on
your website and other places.My issue is that when I read a fatwa or
know about difference of opinions I always feel like if I don't follow
the strictest opinion I'm sinning. Once I read the fatwa on IslamQA I
became confused. It's a few years ago but I think when confronted by
suchdifference of opinion as a layman I was interestedin following the
scholars of Hanbali madhhab. The fatwa even mentioned ibn Qudama that
an intention is required; so, I'm not sure why I've been so confused.
I don't recall making my mind atall because I must have thought that
even if it was a divorce it was only the first one. My wife doesn't
recall I told her that she was divorced once nor do I remember telling
her such a thing. Then, last year there were two instances whenI said
implicit words and again remembered the opinion and again became
worried. I emailed the local fatwa body in our country asking them if
the words would be considered implicit divorce and fromtheir answer I
understood that the words would not be implicit words of divorce and I
was also told that implicit words require anintention of divorce. In
second instance I had told my wife to stay at her house )she was
visiting( but as I said these words I thought about the implicit
divorce issue and added the words "for a few weeks", just in case! I
was trying to get her to stand up to her mother with these warnings so
the mother won't interfere in personal matters which are resolved now.
My heart feel settled now that it's correct that an intention is
required but clarify how many times my wife is divorced.
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.
As we have explained previously in Fataawa 82248and 90531,
divorcethrough metaphors for divorce does not become effective without
an intention to divorce, whether these metaphors are implicit
orexplicit in nature, according to the opinion we adopt here in
Islamweb.
Accordingly, as long as you did not utter explicit words of divorce
nor did you utter metaphors for divorce with intention, then you have
not divorced your wife. If you have doubt regarding divorce, then do
not pay attention to that doubt because the basic ruling is that the
marriage is still valid and this cannot be removed by doubt.
Finally, beware of Waswasah )i.e. insinuating whispers( regarding the
matter of divorce or the like because it has evil consequences.

Fathwa, - Bathing and removing pubic hair of a physically or mentally ill woman

Question
ASSALAMUALIKUM WA RAHMATULLAHI WA BARKATAHU SIR , 1. IF A WOMEN IS
MENTALLY OR PHYSICALLY ILL MARRIED ORUNMARRIED HER MALE MEHRAM
EXAMPLE:SON,GRANDSON ,BROTHER YOUNGER OR OLDER GIVE BATH TO HER AND
CLEAN HER PUBLIC HAIR . )IF THEREIS NO ONE TO DO SO ( 2. IF WOMEN IS
MENTALLY OR PHYSICALLY ILL HER HUSBAND CAN HAVE SEX WITH HER IF SHE
BECAME PREGNANT WHAT SHOULD BE DONE SHE CANNOT AFFORD THIS AND VISE
VERSA
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.
If the woman is unable toclean herself and remove her pubic hair, then
the basic principle is that another woman, from her relatives or
otherwise, should do thatfor her. It is not permissible for a man even
from among her Mahrams to do that. If there is no woman, then it is
permissible for one of her Mahram males to clean her, remove her pubic
hair and the like, but he should be careful not to look at or touch
her private parts as long as there is no necessity todo that. So, he
can wear thick gloves or the like toavoid touching her private parts.
On the other hand, if the sick or insane woman becomes pregnant, or
that the wife of the sick or insane man becomes pregnant, then it is
not permissible to terminate her pregnancy unless it isproved that
continuing the pregnancy will cause danger to the life of the mother
and thus it will be permissible to abort it.
Allaah Knows best.

Fathwa, - Permissible to marry one's sister's step-daughter

Question
Assalamu alaikum is it permissible for a persion to marry the step
daughter of his sister?
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.
The daughter of a man's sister's husband, from another wife, is not
included in the women who are forbidden for marriage, and thus it is
permissible for him to marry her as long as there is no other
impediment that prevents that.
Allaah Knows best.

How to perform 'Umrah'

What is Umrah?
In Arabic, the word 'Umrah is derived from I'timaar which means a
visit. However, 'Umrah inIslamic terminology, means paying a visit to
Ka' bah, performing Tawaaf)circumambulation( around it, walking
between Safaa and Marwah seven times. A performerof 'Umrah puts off
his Ihraam by having his hair shaved or cut. 'Umrah can be performed
along with Hajj and in other days as well.
'Umrah can be performed during anytime in the year, there is no fixed
time for 'Umrah.
The Pillars of `Umrah are four:
a(Ihraam: which is assumed at the Meeqaat.
b(Tawaaf: around the House.
c(Sa'y: walking between As-Safaa and Al-Marwah, which consists ofseven circuits.
d(Tahal-lul: which means comingout of the state of Ihraam; becoming
lawful what was previously prohibited during Ihraam.
During 'Umrah, pilgrims do not go to Minaa, 'Arafaat and Muzdalifah or
throw pebbles on the Jamrahs )stone pillars representing devils( or
offer animal sacrifice. These rites are only performed during Hajj.
How to perform 'Umrah:
1.When the one who wants to perform 'Umrah arrives at the Meeqaat, it
is recommended for him )both man and woman( to take a bath if
convenient, including menstruating women and those experiencing
postnatalbleeding. The man perfumes his head and beard but not his
Ihraam garments. There is no harm in what remains of it after Ihraam.
There is nothing wrong ifit is not possible to take a bath atMeeqaat.
2.Men are to change into their clothing of Ihraam while the women only
need to make their intention at that time in the clothing they are
already wearing. There is no specific clothing designated for women,
except that they are prohibited from wearing the Niqaab )face-veil(
and gloves. Instead, they may cover their hands with the lower part of
their khimaar )headcovering(, while using the upper part of their
jilbaab )outer garment( or a separate piece of fabric to cover their
faces by drawing it down, if there is need to do so.
As for men, they must assume their Ihraam at the Meeqaat by wearing
two pieces of fabric called the Izaar and the Ridaa'. The Ridaa'
covers the top half of the body, while the Izaar covers the lower
half. No other clothing is allowed to be worn in addition to these –
no underwear, no pants, no shirt, no turban, no hat, etc. are to be
worn.
Then the pilgrim makes the intention at the Meeqaat to beginthe rites
of 'Umrah by entering the state of Ihraam. The intention must be made
in the heart, while the statement made afterwards is: "Labayka 'Umrah"
or "Allahumma labbayka 'Umrah". This statement begins the rites of
`Umrah. So the first pillar of `Umrah is the Ihraam. The intention is
made in the heart, while the tongue recites the opening Talbiyyah. And
if you wish, when uttering Talbiyyah, you may state a condition to
Allaah fearing that which may prevent you from completion of the
'Umrah whether illness or fear - saying "in habasanee haabes fa
mahillee haithu habastanee" )I come out of the state of Ihraam from
the place You prevent me from continuing(. So if you do that andare
then prevented or become ill - then you may come out of Ihraam. Then
repeat the Talbiyyah: "labbayk Allahumma labbayk, labbayka laa
shareeka laka labbayk, innal-hamda wan-ni'mata laka wal-mulk, laa
shareeka lak" )"In response to your call O Allaah I perform 'Umrah,
here I am O Allaah. In response to Your call. You have no partner. In
response to Your call. All Praise and Blessings, and the Ownership of
all that You created is Yours )alone(. You haveno partner"(
Upon arriving at the sacred mosque in Makkah )Al-Masjid Al-Haraam(,
you should enter with your right foot and say:"Bismillaah, Allaahumma
Salli 'AlaaMuhammad, Allaahumma Ighfirli waftahli Abwaaba Rahmatik.
)In the name of Allaah! O Allaah! Exaltthe mention of your Messenger.
OAllaah! Forgive my sins, and open the gates of Your mercy for
me(."You should enter in a manner expressing humility and gratitude to
the blessings He, Almighty, conferred upon you.
3.Upon arriving at the K'abah, stop reciting the Talbiyyah, then
approach the Black Stone, touch it with your right hand and kiss it.
If this isn't possible, you should face the Black Stone and point to
it. Don't push and shove,causing harm and being harmed by other
people. When touching the Stone, the following is said:"Bismil-laah,
Allaahu Akbar" )In the name of Allaah, Allaah is the Greatest( or
"Allaahu Akbar")Allaah is the Greatest(.
A pilgrim must walk, keeping the Ka'bah on his left. When you reach
the Yamaani corner touch it with your right hand, if possible, but do
not kiss it, and say: "Bismil-laahi wa Allaahu Akbar". If this is
difficult for you, then go on performing tawaaf without touching it,
pointing at it or even saying "Allaahu Akbar" because this was not
narrated from the Propheton the other hand whenever you reach or are
parallel to the black stone, touch it with your right hand, kiss it
and say, "Bismillaah Allaahu Akbar", if it is not possible then it is
enough to point at it and say, "Bismillaah, Allaahu Akbar".
During this Tawaaf it is preferred for a man to dotwo things:
a(Al-Idhtibaa' from the beginning of Tawaaf until the end, which is
placing the middle of one's Redaa' under the right arm and the ends of
it over the left shoulder. When you are finished performing Tawaaf,
you may return your Reda' to its original state because the time for
A-Idhtibaa' is only during Tawaaf.
b(Ar-Raml during the first three circuits only. Ar-Raml means speeding
up one's pace with small steps.
Make supplication from your heart, for that which will benefit you.
Recite whatever you wish, supplicate to Allaah by asking for good,
recite the Quran, anything you wish. There are no specific statements
or supplications to berecited during the Tawaaf that are authentically
established in the Sunnah. However it is recommended to say between
the two corners during each circumbulance as it is reported from the
Messenger of Allaah:"...Our Lord, grant us good in this life and good
in the hereafterand save us from the punishmentof the
Hellfire."]Quran: 2:201[
4.When you complete seven circuits of Tawaaf, approach Maqaam
Ibraaheem )Ibraaheem'sstation( and recite this verse)which means(:"And
take you)people( the Maqaam )place( of Ibraheem as a place of
Prayer... "]Quran: 2:125[
Then pray two short Rak'ahs, as close as conveniently possible, behind
Maqaam Ibraheem. If it is not possible then you can pray them anywhere
in the sacred mosque. It is preferred to recite during the first
Rak'ah the chapter "Al-Kafiroon" ]109[ and during the second one the
chapter of "Al-lkhlaas" ]112[.
Upon completing the two Rak'ahs, return to the Black Stoneand touch
it, if convenient
5.The next stage is to go to Safaa. Upon approaching the footof Safaa,
the following verse is recited )which means(:"Verily, As-Safaa and
Al-Marwah are from the symbols of Allaah. So it is not a sin on him
who performs Hajj or 'Umrah of the house )ka 'bah( to perform the
going )tawaaf( between them. And whoever does good voluntarily, then
verily,Allaah is the All-Recognizer, All-Knower."]Quran; 2:158[
6.Then climb untomountSafaauntil the Ka'bah is visible, if possible.
Facing the Ka'bah the following is to be said 3 times, and between
each time one is to make ones own supplication:
"Allaahu Akbar, Allaahu Akbar, Allaahu Akbar. Laa ilaaha
il-lall-llaahu wadahu la shareeka lahu, lahul mulku wa lahul hamdu, wa
huwa 'alaa qulli shay'in qadeer. Laa ilaaha il-lall-llaahu wahdahu,
anjaza wa'dahu, wa nasara 'abdahu, wa hazamal ahzaaba wahdahu" )Allaah
is the Greatest,Allaah is the Greatest, Allaah is the Greatest. None
has the right to be worshipped except Allaah alone, Who has no
partner. To Him belongs the dominion, to Him belongs all praise, and
He has power over everything. He fulfilled His promise, gave victory
to His servant, and defeated the confederates alone.(
7.Then descend and go towards Marwah, running between the fluorescent
green lights )for men only(, upon reaching Marwah climb upon it if it
is possible, and repeat the same procedure as when ascending Safaa
except youare not to recite the above-mentioned verse, because it is
recited when ascending Safaa for the first time only. This completes
one circuit. Then one continues back to Safaa running between the
fluorescent green lights )for men only( - thus completing two
circuits.
There are no particular supplications to be recited between Safaa and
Marwah. Seven circuits are to be completed ending the last one
onMarwah.
Then one is to have his hair cut although shaving it is better. Women
should shorten their hairby a finger-tips length from the end. The
rights of 'Umrah have now been completed.