Dought & clear, - Does the husband’s son inherit from the wife of his father?

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A woman died and left behind some wealth from a pension that was originally for her husband, and passed to her after he died. Does the son of her husband have any right to this wealth?
Praise be to Allah
If the wife was entitled to the pension, then whatever she took possession of from it became her property alone, and it is not permissible for anyone to dispose of it or any part of it except with her permission.
See the answer to question no. 147802
If she has died and she had saved up some of this pension, then this money and whatever else she left behind becomes the right of her heirs who survived her, and the heirs of her husband have no right to any of it.
The husband’s son does not inherit anything from the wife of his father, so he has no right to this money unless his father’s wife bequeathed something to him.
And Allah knows best .

- PUBLISHERNajimudeeN M

Dought & clear, - If a person is persisting in minor sins, will praying for forgiveness be of any benefit so that they do not become major sins?

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Can praying for forgiveness intercede in the case of minor sins which, if one persists in them, become major sins? Does persisting mean doing them whilst denying them or does denouncing them and also praying for forgiveness make them minor sins?
Praise be to Allah
The majority of earlier and later scholars of all groups are of the view that sins may be divided into minor and major. There is clear evidence to that effect from the Qur’an and Sunnah, as well as the statements of the earlier and later generations of the ummah.
Sharh an-Nawawi ‘ala Muslim , 2/85
We have explained earlier that it is not permissible to be careless about minor sins or regard them or what they may lead to as insignificant, because persisting in a minor sin is a major sin, and regarding them as insignificant and taking the matter lightly may lead to doom.
Ibn al-Qayyim (may Allah have mercy on him) said:
Persisting in a minor sin may be equal in seriousness to a major sin or even more serious.
End quote from Ighaathat al-Lahfaan , 2/151
See also the answers to questions no. 127480and 130711
Secondly:
Al-Qurtubi said: Persisting means resolving in the heart to do something and not give it up. Qataadah said: Persisting means adhering steadfastly to sin.
Al-Mawsoo‘ah al-Fiqhiyyah , 36/305
The one who persists in disobeying Allah and disobeying the Messenger is the one who is determined in his heart to repeat the sin whenever he has the opportunity; he is the one who is to be regarded as persisting in sin.
Thirdly:
The difference between repentance and praying for forgiveness:
Shaykh Ibn Baaz (may Allah have mercy on him) was asked: What is the difference between repentance and praying for forgiveness?
He replied:
Repentance is regret for what has passed, giving it up, and resolving not to go back to it. This is called repentance. As for praying for forgiveness, it may be repentance or it may be mere words. A person may say: “O Allah, forgive me” or “I seek forgiveness from Allah,” but it is not repentance unless it is accompanied by regret and giving up the sin, and resolving not to go back to it. This is called repentance and it is called praying for forgiveness. The beneficial and productive kind of praying for forgiveness is that which is accompanied by regret, giving up the sin and resolving sincerely not to go back to it.
End quote from the Shaykh’s website
http://www.binbaaz.org .sa/mat/10479
What the individual must do is understand that true prayer for forgiveness means seeking forgiveness from Allah, may He be glorified and exalted. If he is not sincere in his request and does not seek forgiveness from Him, then it is just words that pass through his lips, without humbling himself before his Lord and without his heart focusing on his need for Allah, so what kind of prayer for forgiveness is this?!
It says in al-Mawsoo‘ah al-Fiqhiyyah , 4/35:
The kind of praying for forgiveness that is required is that which is accompanied by giving up the sin and resolving not to go back to it; it is not merely words that are uttered by the tongue whilst persisting in that sin. In that case it is (also) a sin for which he needs to seek forgiveness. End quote.
An-Nawawi (may Allah have mercy on him) said:
The scholars (may Allah have mercy on them) said: Persisting in a minor sin makes it a major sin. It was narrated from ‘Umar, Ibn ‘Abbaas and others (may Allah be pleased with them): There is no major sin if one prays for forgiveness and no minor sin if one persists in it. What is meant is that the major sin may be erased by praying for forgiveness, but the minor sin becomes a major sin if one persists in it. Shaykh Abu ‘Amr ibn as-Salaah (may Allah have mercy on him) said: The one who persists is the one who has the intention to do it again, which is contrary to the idea of repentance. Persisting in a minor sin could change it to a major sin.
End quote from Sharh Saheeh Muslim , 2/82
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
Praying for forgiveness is of no benefit when one persists in sin, because it is closer to making a mockery (of faith) than to good deeds.
End quote from Thamaraat at-Tadween , p. 141
Al-Bukhaari (6308) narrated from al-Haarith ibn Suwayd: ‘Abdullah ibn Mas‘ood told us two hadeeths, one from the Prophet (blessings and peace of Allah be upon him) and the other from himself. He said: “The believer sees his sins as if he is sitting under a mountain and fears that it may fall on him, and the evildoer sees his sins like flies that pass in front of his nose, and he does something like this to them [i.e., tries to swat them with his hand].” Then he said – and this is the marfoo‘ report – “Allah rejoices more over the repentance of His slave than a man who made a halt in a desolate place, and he has his mount with him on which is his food and drink, then he lies down and goes to sleep, then wakes up to find that his mount has disappeared, then when the heat and thirst or whatever Allah wills has become too much for him, he decides: I will go back to my place. So he goes back and sleeps for a while, then he lifts his head and sees his mount.”
It is also narrated by Muslim (2744) but he did not mention the words of the mawqoof report.
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said in Fath al-Baari , 11/105:
The believer is overwhelmed by fear (of Allah) because of what he has of strong faith, so he does not feel safe from punishment because of that. This is how the Muslim should be, always fearing Allah and remembering that He is always watching, so he regards his righteous deeds as little and is worried about the smallest bad deed.
Al-Muhibb at-Tabari said: Rather this is the description of the believer, because of his great fear of Allah and His punishment, for he is certain that he has committed sin but he is not certain of forgiveness. The evildoer has little knowledge of Allah, therefore he has little fear of Him and he regards sin as insignificant.
Ibn Abi Jamrah said: What we learn from the hadeeth is that if a believer has little concern about sin and takes the matter lightly, this indicates that he is an evildoer.
Ibn Battaal said: We learn from it that the believer should have a great fear of Allah, may He be exalted, with regard to every sin, whether it is minor or major, because Allah, may He be exalted, may punish for a minor sin, as He is not to be questioned about what He, may He be glorified and exalted, does. End quote.
It is a sign of Ibn Mas‘ood’s understanding of Islam that he narrated this hadeeth after the other. The first one indicates that the believer should not take any sin lightly, whether it is minor or major, and that he should always fear its consequences in this world and the Hereafter. This is how the repentant believer is over whose repentance Allah rejoices greatly.
With regard to the questioner saying “Does persisting mean doing them whilst denying them or does denouncing them and also praying for forgiveness make them minor sins?”, it is not very clear what is meant by that; we hope that what we have said in the answer is sufficient.
And Allah knows best .

- PUBLISHERNajimudeeN M

Dought & clear, - It is not permissible to hold two Jumu‘ahs in one mosque

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I am currently studying in Canada, and there is construction work underway to expand the mosque. Hence at present it does not have enough space for everyone to attend Jumu‘ah prayer. For this reason they hold two Jumu‘ahs, so that everyone can pray. But the problem is that the first prayer is at twelve thirty, i.e., approximately one hour before the time for the prayer begins. Is this permissible according to the opinion of any scholar? What is the ruling on the prayers that I have offered previously?
Praise be to Allah
The majority of Hanafi, Maaliki and Shaafa‘i scholars are of the view that Jumu‘ah prayer can only be offered after the sun has passed the meridian. The Hanbalis are of the view that it is permissible to offer this prayer before the meridian.
See: al-Umm , 1/223; al-Majmoo‘ , 4/377-381; al-Insaaf , 2/375-376; al-Mawsoo‘ah al-Fiqhiyyah , 27/197-198
However, it is better to offer the prayer after the sun has passed the meridian. If the congregation has no choice but to offer the prayer approximately one hour before the sun passes the meridian, there is no blame on them.
The scholars of the Standing Committee for Issuing Fatwas were asked:
Is it permissible to pray Jumu‘ah one hour before the sun passes the meridian – because of the necessity of going to work in France? Please note that if we do not offer the prayer before going to work, which is one hour before the sun passes the meridian, we will not be able to pray Jumu‘ah. Does necessity make that permissible?
They replied:
There is a difference of scholarly opinion concerning the beginning of the time for Jumu‘ah prayer. The majority of fuqaha’ are of the view that the beginning of the time for Jumu‘ah is the same as the beginning of the time for Zuhr, which is when the sun passes the meridian, so it is not permissible to offer the prayer a long time before the sun passes the meridian or a short time before, and the prayer offered before that time is not valid, because Salamah ibn al-Akwa‘ (may Allah be pleased with him) said: We used to pray Jumu‘ah with the Prophet (blessings and peace of Allah be upon him) when the sun passed the meridian, then we would go back and seek shade. Narrated by al-Bukhaari and Muslim. And because Anas (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) used to pray Jumu‘ah when the sun had passed the zenith. Narrated by al-Bukhaari. And a number of scholars said that it is not permissible before the sixth or fifth hour.
Imam Ahmad ibn Hanbal and a number of other scholars were of the view that the beginning of the time for Jumu‘ah prayer is the same as the beginning of the time for the Eid prayer; as for the sun passing the meridian, it is the start of the time when it becomes obligatory to set out for Jumu‘ah prayer. They quoted as evidence for the permissibility of offering Jumu‘ah prayer before the sun passes the meridian the hadeeth of Jaabir (may Allah be pleased with him) who said: The Messenger of Allah (blessings and peace of Allah be upon him) used to pray – i.e., Jumu‘ah – then we would go to our camels and take them to the watering place when the sun had passed the meridian. Narrated by Muslim. And Salamah ibn al-Akwa‘ (may Allah be pleased with him) said: We used to pray Jumu‘ah with the Messenger of Allah (blessings and peace of Allah be upon him), then we would leave and the walls would not have any shadow (i.e., the sun was at the meridian). Narrated by Abu Dawood.
To reconcile between the hadeeths we may note that the Messenger of Allah (sa) used to pray Jumu‘ah after the sun passed the meridian most of the time, and he prayed it shortly before the sun passed the meridian sometimes.
Based on that, it is preferable to pray Jumu‘ah after the sun has passed the meridian, paying attention to what the Prophet (blessings and peace of Allah be upon him) usually did, and so as to avoid an area of scholarly differences of opinion. This is what indicates that this issue is a matter of ijtihaad and is broad in scope. So if someone prays Jumu‘ah shortly before the meridian, his prayer is valid, in sha Allah, especially if there is an excuse, such as that mentioned by the questioner. End quote.
Fataawa al-Lajnah ad-Daa’imah , 8/216-217
Shaykh Ibn Jibreen was asked:
We are government-sponsored Saudi students in the United States. We pray Jumu‘ah prayer one hour before its time begins, because the time for it begins at 1:15, but we pray at 12.15. That is because a number of the students have lectures at the same time, and they can only offer the prayer at this early time. If this is permissible for these students, there are still some students who do not have lectures but they also pray at the early time with them, because there is only one mosque. Is their prayer acceptable?
The shaykh (may Allah preserve him) replied:
Many of the scholars are of the view that the beginning of the time for Jumu‘ah prayer is the same as the beginning of the time for the Eid prayer, i.e., after the end of the time during which it is not allowed to pray (following Fajr prayer), and it lasts until the time for ‘Asr begins. But they regard it as mustahabb to pray Jumu‘ah after the sun has passed the meridian, i.e., when the time for Zuhr has begun, because it is offered instead of Zuhr prayer, and this was the usual time for Jumu‘ah from the time of the Prophet (blessings and peace of Allah be upon him) and the time of the Rightly Guided Caliphs. But there are some reports which indicate that some of the Sahaabah used to offer it earlier, before the meridian. As there is the excuse of being busy at the usual time for this prayer, we say that there is nothing wrong with offering it before the sun passes the meridian meridian, even if it is an hour or so before, because that is permissible according to many of the scholars and because there is justification for bringing it forward. Based on that, there is nothing wrong with them all praying at the time mentioned, even though the excuse applies only to some of them and not others. And Allah knows best.
End quote from the Shaykh’s website.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked:
There are some khateebs who enter the mosque on Friday and begin the khutbah before the time for the prayer; sometimes the prayer begins when the sun has not yet passed the meridian. Is this correct?
He replied:
This issue – i.e., starting the khutbah and prayer on Friday before the sun has passed the meridian – is something concerning which there is a difference of opinion among the scholars. Some of them say that it is not permissible until the sun has passed the meridian. Others say that it is permissible. The correct view is that it is permissible an hour or half an hour or the like before the sun passes the meridian. End quote.
Liqa’ al-Baab al-Maftooh , 16/19
From the above it is clear that if Jumu‘ah prayer is offered approximately one hour before the sun passes the meridian, it is valid.
With regard to holding two Jumu‘ahs in one mosque, this is not permissible.
The scholars of the Standing Committee for Issuing Fatwas were asked:
The number of mosques in which Jumu‘ah prayers are held in Paris and in other cities is few, in addition to the fact that they are too small for the worshippers because of the large numbers.
As a solution to this crisis, which is depriving many worshippers of the chance to fulfil the obligation of praying Jumu‘ah in France, one of them suggested that Jumu‘ah prayer should be held in two “shifts” in one mosque, each shift with its own imam and khateeb (i.e., Jumu‘ah prayer should be held for the first shift at the appropriate time, then after the end of the khutbah and prayer, a new imam should come and deliver a khutbah and lead Jumu‘ah prayer for those worshippers who agreed to wait and pray with the second shift. What is the Islamic ruling on that?
They replied:
Holding two Jumu‘ahs in one mosque is not permissible according to Islam, and we know of no basis for it in the religion of Allah. The basic principle is that one Jumu‘ah prayer should be held in one city, and there should not be numerous Jumu‘ahs unless it is for a legitimate shar‘i reason, such as if the mosque is too far for some of those for whom Jumu‘ah is obligatory, or the first mosque in which Jumu‘ah is held is too small to accommodate all the worshippers, or similar reasons which justify holding a second Jumu‘ah. In that case, another Jumu‘ah should be held in a place that will fulfil the purpose for which another Jumu‘ah is being held.
The brothers who are asking this question should look for another location that is central for those who come to the mosque in question for the second Jumu‘ah, and they should hold another Jumu‘ah in that place, even if it is not a mosque, such as private houses or public gardens and squares in which the relevant authorities allow Jumu‘ah prayer to be held. End quote.
Fataawa al-Lajnah ad-Daa’imah , 8/262
And Allah knows best .

- PUBLISHERNajimudeeN M