Dought & clear, - Buying a dialysis machine for a hospital from zakaah funds

Is it permissible to buy a dialysis machine for a hospital from zakaah funds? That is because the patients who need kidney dialysis in this city are forced to wait for a long time, hours or days, to get their turn, which has a negative effect on them, their health and their lives, because there are not enough resources for the patients in the city.
Praise be to Allah.
Allah, may He be exalted, has limited spending of zakaah funds to the eight categories mentioned in the verse in which He says (interpretation of the meaning):
“As-Sadaqat (here it means Zakat) are only for the Fuqara (poor), and Al-Masakin (the poor) and those employed to collect (the funds); and for to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allah’s Cause (i.e. for Mujahidoon - those fighting in the holy wars), and for the wayfarer (a traveller who is cut off from everything)”
[at-Tawbah 9:60].
Based on that, it is not permissible to use zakaah funds to purchase dialysis equipment, because this is not one of the categories mentioned, and because the benefit of such equipment is not only for the poor; rather all patients will benefit from it, poor and rich alike.
But if a poor person needs treatment in a local hospital in order to undergo dialysis or other kinds of treatment, because it is not possible to do it in a free hospital, then it is permissible to give him zakaah for this purpose.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked:
What is the ruling on giving zakaah to some charitable organisations for the purchase of dialysis equipment?
He replied:
That is not valid; it must be given to the poor person to keep as his property on the basis that he is poor, apart from the view of those who expand the meaning of “for Allah’s cause” to include all kinds of charity, which is a less strong view.
End quote fromThamaraat at-Tadween, no. 236, 7/2/1420 AH
However, the matter of spending to buy this equipment should not be connected only to the obligatory zakaah for which there are very specific categories of recipients; there are also funds from charitable donations that Muslims are encouraged to give, and there are also charitable endowments (awqaaf, sing. waqf) that the founders should devote to such beneficial causes.
And Allah knows best.Dought & clear, -

Dought & clear, - Ruling on divorce (talaaq) by one who is drunk

There is a man who used to get drunk and beat his wife, and he divorced her several times verbally; for example, he used to say to her “You are thrice divorced (talaaq)” when he was not sober, then after that he used to make up with her. But now he has repented to his Lord; he has started to pray and he regrets what he used to do. What is the Islamic ruling in this case?
Praise be to Allah
The scholars differed concerning the divorce issued by one who is drunk, if he became drunk by consuming that which Allah has forbidden of all types of intoxicants (khamr): does it count as a divorce or not? There are two views:
The first view
The first view is that the divorce does count as such. This is the view of Abu Haneefah and Maalik, and it is one of the two views narrated from ash-Shaafa‘i and Ahmad (may Allah have mercy on them).
They said: That is because his reason has diminished because of sin, so the divorce counts as such, as a punishment to him and as a deterrent to committing the sin.
See:al-Mughniby Ibn Qudaamah, 7/289. They quoted evidence to support their view.
The second view
The second view is that his divorce does not count as such. This is the view of the literalists and is the second view narrated from ash-Shafaa‘i and Ahmad. This is the view that Imam Ahmad finally settled on. They quoted several things as evidence, including the following:
1.
The words of Allah (interpretation of the meaning):“O you who believe! Approach not As-Salat (the prayer) when you are in a drunken state until you know (the meaning) of what you utter” [an-Nisa’ 4:43]. Here Allah, may He be glorified, states that the word of one who is drunk does not count for anything, because he does not know what he is saying.
2.
It is narrated in a saheeh report from the Prophet (blessings and peace of Allah be upon him) that a man came to him and confessed to zina (fornication or adultery) and he said: “Has he been drinking wine?” A man got up and smelt his mouth, and did not detect any smell of wine. Narrated by Muslim (1695). This indicates that if he had drunk wine, then his confession would not be acceptable. By the same token, divorce issued by someone in this state does not count as such.
3.
Because this is the view of ‘Uthmaan ibn ‘Affaan and Ibn ‘Abbaas (may Allah be pleased with them), and no one among the Sahaabah differed with them.
Imam al-Bukhaari (may Allah have mercy on him) said:
‘Uthmaan said: The one who is insane or drunk cannot issue a divorce. Ibn ‘Abbaas said: Divorce issued by one who is drunk or one who is compelled does not count as such.
Ibn al-Mundhir (may Allah have mercy on him) said: This is proven from ‘Uthmaan, and we do not know of anyone among the Sahaabah who disagreed with him.
4.
Because he has lost control of his will, he is like one who is compelled.
5.
Because he has lost his mind or his reason, he is like one who is insane or asleep.
6.
Because being of sound mind is a condition of accountability, and there is no accountability for one who does not understand the religious teachings.
See:Majallat al-Buhooth al-Islamiyyah, 32/252;al-Mawsoo‘ah al-Fiqhiyyah, 29/18;al-Insaaf, 8/433
The second view was regarded as more correct by a number of scholars, such as Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim; fatwas were issued on this basis by Shaykh Ibn Baaz and Ibn ‘Uthaymeen (may Allah have mercy on them).
Shaykh Ibn Baaz (may Allah have mercy on him) was asked: Does divorce issued by one who is drunk count as such? If it does count as such, then will he be brought to account for other transgressions he may commit, such as zina, murder and stealing? If that is the case, then what is the difference between the two?
He replied: The scholars differed as to whether divorce issued by one who is drunk counts as such. The majority of scholars are of the view that his divorce does count as such, and he is also accountable for his actions; his sins are not an excuse for waiving his divorce, just as they are not an excuse for waiving accountability for his actions such as murder, stealing or zina, and so on.
Some of the scholars are of the view that divorce issued by one who is drunk does not count as such; this is what is narrated from the Rightly-Guided Caliph ‘Uthmaan (may Allah be pleased with him), because he is not in his right mind at that time, so he is not accountable for things he says that harm others, and divorce harms him and others. So he is not accountable for it, because the punishment for drunkenness is flogging; making his divorce count as such is not part of his punishment. The same applies if he manumits a slave or engages in other transactions, such as selling, buying, giving gifts and so on – they are all invalid.
With regard to his deeds and actions, he is accountable for them, and his being drunk is not an excuse for him in the case of zina, stealing, murder or anything else, because a person is accountable for his actions whether he was sober or not. He may have taken drunkenness as a means of doing things that Allah has forbidden of reprehensible actions, and he may be using it as an excuse so as to evade the rulings on these sins. Hence the scholars are unanimously agreed that he is accountable for his actions.
However the correct view is that he is not accountable for it. If it is known that he issued the divorce in a state of drunkenness when he was not of sound mind, then the divorce does not count as such. By the same token, if he manumitted his slave or disposed of his wealth when he was in a drunken state, then he is not accountable for that (and it is not valid). The same applies if he sold or bought anything, and the same applies to all other conduct in which being of sound mind is necessary; they are not valid or binding, because this comes under the heading of verbal conduct, as explained above. This is the correct view, on the basis of which we issue our fatwa, which is that his divorce does not count as such when it is proven that he was drunk at the time of issuing the divorce and was not sober at that time.
But if he was not sinning, in the sense that he was given a drink and did not know that it was an intoxicant, or he was forced to drink it, and he consumed the drink because he was compelled to do so, then he is not sinning, and the divorce issued in this case does not count as such, according to all scholars, because his state of drunkenness did not result from deliberate actions, so he is not accountable for it; rather he was wronged or deceived.
End quote fromFataawa at-Talaaq, p. 29
See:ash-Sharh al-Mumti‘, 10/433, al-Maktabah at-Tawfeeqiyyah edn.
Based on that, the divorce mentioned does not count as such. We praise Allah, may He be exalted, for having enabled him to repent and having guided him to the right way, and we ask Allah to make us and him steadfast.
And Allah knows best.
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Dought & clear, - Riba is haraam for the one who takes it and the one who pays it, and it is haraam to help with it in any waywhatsoever

In one of the questions on your website you stated that working in an auditing office that deals with customers who are involved in some riba-based transactions is not permissible, and you quoted the hadeeth of the Prophet (blessings and peace of Allah be upon him) in which he cursed four categories of people, including the two who witness riba and the one who writes it down. But some commentators on the hadeeth, such as al-Haafiz ibn Hajar, said: This only applies to the one who helps the one who is engaging in riba; as for the one who writes it down or witnesses what happens so as to ensure the rights of both parties, his intentions are good and he is not subject to the warning mentioned; rather it applies only to the one who helps the one who engages in riba by writing it down and witnessing it. In the commentary of al-Abi on Saheeh Muslim, it says: What is meant by the one who writes it down is the one who writes the document, and what is meant by the one who witnesses it is the one who witnesses it and supports the deal. They are equally subject to the curse because the contract cannot be done except with all of them.
What is the evidence for the view of the scholars (apart from Ibn Baaz) that the hadeeth is general in meaning and applies to all of them, those who help and those who do not?
Praise be to Allah.
Firstly:
Auditing the accounts of customers who deal with riba is haraam work, because it involves approving of riba, writing it down, and keeping quiet about it and not denouncing it.
Please see the answers to questions no. 108105, 118189and 175492.
Secondly:
Muslim (1598) narrated that Jaabir said: The Messenger of Allah (blessings and peace of Allah be upon him) cursed the one who consumes riba and the one who pays it, the one who writes it down and the two who witness it, and he said: they are all the same.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
That is, (they are all the same) in terms of being cursed, because they co-operated in that.
End quote fromFataawa Noor ‘ala ad-Darb, 16/2
Imam al-Bukhaari (may Allah have mercy on him) referred to this hadeeth that was narrated by Imam Muslim in the title which he gave to a chapter of hisSaheeh, which he called: Chapter on the one who consumes riba, the one who witnesses it and the one who writes it down.
Then he quoted two hadeeths in this chapter, one of which was the hadeeth of ‘Aa’ishah: When the last part of al-Baqarah was revealed, the Prophet (blessings and peace of Allah be upon him) recited it, then he forbade trade in alcohol. The second hadeeth is the hadeeth of Samurah, according to which the Prophet (blessings and peace of Allah be upon him) said: “Last night, I dreamt that two men came to me and took me out to a sacred land, then we set out until we came to a river of blood in which a man was standing, and on the bank of the river there was another man in front of whom were some rocks. The man who was in the river came, and when he wanted to get out, the (other) man threw a rock in his mouth, and sent him back to where he had been. Every time he came and wanted to get out, he threw a rock into his mouth and sent him back to where he had been. I said: ‘What is this?’ He said: ‘The one who you saw in the river is the one who consumed riba.’
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
Ibn at-Teen said: There is no mention in these two hadeeths of the one who writes down riba and the one who witnesses it. My response is that he mentioned them by implication because they help the one who consumes it to do so. This only applies to the one who helps the one who is engaging in riba. As for the one who writes it down or who witnesses the deal in order to tell exactly what happened, this is a good intention and is not included in the warning mentioned. Rather what is included is the one who helps the one who is engaging in riba by writing it down and witnessing it; his status is the same as that of the one who says“Trading is only like Riba (usury)” [al-Baqarah 2:275]. End quote.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
The one who helps another to commit sin will incur a burden of sin as much as he deserves. It is proven that the Prophet (blessings and peace of Allah be upon him) cursed the one who consumes riba, the one who pays it, the two who witness it and the one who writes it down, because the two witnesses and the one who writes it down are helping to confirm this transaction, so they incur whatever they deserve of the curse.
End quote fromal-Liqa’ ash-Shahri, 35/24
In fact what we have previously affirmed on our website does not differ in the slightest from what we have quoted here and what the questioner has quoted from al-Haafiz Ibn Hajar or from al-Abi (may Allah have mercy on them both).
Auditing bank accounts or the accounts of riba-based companies comes under the heading of helping in the haraam riba transaction and participating in it; it is not possible to complete riba-based deals without the help of accountants.
But there remain these two forms that are not included in haraam writing down or witnessing:
1.
Where one witnesses or writes down the deal in order to document it and testify to the involvement of the people who are party to it, as was mentioned by al-Haafiz Ibn Hajar (may Allah have mercy on him). This is like one who sees a crime such as murder or theft taking place, so he takes pictures, or he writes down what happened, so that he may give testimony concerning it before the judge and help to catch the perpetrator and help justice. This person has nothing to do with the criminal act and therefore has nothing to do with the perpetrator. And he is not helping with the sin or crime in any way whatsoever; rathe, in fact he was striving to change evil and establish justice to the best of his ability.
This is what al-Haafiz Ibn Hajar (may Allah have mercy on him) was referring to, and in our previous answers we were not suggesting that this kind of action is haraam; rather it is something that is Islamically prescribed and is necessary.
2.
Where a person or company or accounts department enters into a transaction with another person or company or firm that deals with riba or other haraam transactions, but the first party has nothing to do with its haraam actions; rather he or they are dealing with them within the limits of permissible transactions and contracts.
For example, the company may be dealing with riba-based transactions, but my job is supervising a permissible project that does not involve any riba-based transactions, or their riba-based transactions are between them and the bank, and someone else takes care of dealing with customers, buying and selling and so on, which has nothing to do with the riba-based transactions. In such cases, there is no blame on the one who deals with the company or plays any part in it. We have never disallowed this type of involvement before; rather we stated clearly that this is permissible
Shaykh Ibn ‘Uthaymeen said:
It is permissible for a person to deal with someone who deals with riba, but his interactions with him are done in a sound manner. For example, it is permissible to buy goods from this man who deals in riba, and it is permissible to borrow money from him, and there is nothing wrong with that. The Prophet (blessings and peace of Allah be upon him) used to interact with the Jews, even though they used to consume haraam wealth; he used to accept their gifts and invitations, and he bought and sold with them too.
To sum up: if a person earns money from haraam sources but you deal with him in a permissible transaction, there is no blame on you for doing so.
Fataawa from Noor ‘ala ad-Darb, 16/2
And Allah knows best.
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For children, - Power and Worth of Bismillah: I can walk on water

Syed Murtadha was a great aalim (scholar) who lived many years ago. He had many students who attended his classes.
At one of his classes he noticed that one of the students always came late. One day Syed Murtadha asked the student "Why are you always late?"
The student replied that he lived across the river and always took the first ferry across but the ferry service did not start any earlier.
Syed Murtadha wrote something on a piece of paper, folded it and gave it to the student. "Keep this with you" he said "and you will be able to walk across the river from tomorrow - but do not open the paper."
The next day the student got to the river and put his foot tentatively on the water. He could not believe that he could actually walk on the water.
For the next few days, he got to the classes on time.
One day, he could not hold back his curiosity. He looked inside the folded piece of paper. On it was written Bismillahirrahmanirrahim (In the name of Allah, the beneficent the merciful).
For a moment he thought - "Is this all that helps me walk on water!" He put the paper in his pocket as usual and went to the river to go to his classes. This time he could not walk on the water and had to wait for the ferry. This meant that he was late for his class.
When the class was over, Syed Murtadha called him over and said "You looked into the paper when I had told you not to!"
With Bismillahirrahmanirrahim (In the name of Allah, the beneficent the merciful) you can move mountains provided you have trust and faith in Allah.

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