Hajj & Umrah, - Educational situationsfrom the school of Hajj - I

At the time the Islamic world is overwhelmed by the bliss of the Hajj days and their rituals legislated by Allah Almighty, to Purify and Bestow mercy upon His slaves, a lot of people write and talk about faith-related, spiritual, scientific, educational and Jihaad-related reflections, taking various models, ideas and lessons to learn from the school of Hajj.
In the Islamic religion, there is no support pillar, nor a method, nor a deed, without great wisdom lying behind it – disposed by )Allah( The Exalted in Might, and disclosed, in part, to those endowed with knowledge among people – in order to reflect on the Greatness of The Creator, the overwhelming Power of The Sovereign of the dominion, and the Mercy of The Most Merciful, The Ever Merciful, through it.
Endless lessons:
Among those educational aspects, about which there are lots of writings, without encompassing even the least or identifying their meanings and purposes, Mr. Fahd Al-Juhani says:
We may pause with some lessons, learned from the school of Hajj, or say, the "university of Hajj". Of course, we do not intend to enumerate or count them all. They are but references and enlightening hints, which show the spirit and greatness of Islam.
1- Unity and gathering together in one line:
How excellent, necessary and important those meanings are for the revival of the Ummah! They are evident and clear in Hajj. Although Muslims come from all parts of the world, different in their countries, colors, languages and names, they gather together in one place and time, explicitly and implicitly in Hajj. At the same time, they are united implicitly so that if you ask anyone of them why he has come for Hajj, he will say, without hesitation, that he has come in obedience of Allah Almighty, seeking His Pardon and Mercy. Allah Almighty Says )what means(:}Then depart from the place from where ]all[ the people depart…{]Quran 2:199[ So, all the deeds and acts of the pilgrims in Hajj would be the same, and the aspects of their unity and gathering together in the rituals would be too evident to detail. Thus, if there was no benefit in Hajj other than this lesson to learn and return with to our countries, it would be sufficient and have the clearest influence and be a Quantum leap toward the elevation and honor of the Islamic Ummah.
2- Organization of time and commitment to appointment:
That is another lesson to learn from Hajj. There is a strong relation between Hajj rituals and time, which indicates the great importance of time, as shown in the fact that Allah Assigns a certain time to each ritual, like standing at ‘Arafah, spending the night at Muzdalifah, departure therefrom to Mina, throwing Jamrat Al-‘Aqabah, the beginning of the time of throwing pebbles during the Days of Tashreeq, just after the sun declines from the middle of the sky. Hajj is performed at a definite time of the year, not before or after it; this guides us to – and alerts us about – being concerned with time. No doubt, time is life, and it is the capital that the Muslim should guard from spending in any useless or pointless affair that has no religious or worldly benefit, or in what has been made unlawful by Allah Almighty.
3- Making things easy rather than difficult:
Ease and removal of difficulty are among the good merits of Islam; and the manifestations of this are shown clearly in Hajj. It was narrated by Al-Bukhaari and Muslim on the authority of ‘Abdullaah ibn ‘Amr ibn Al-‘Aas, May Allah Be Pleased with him, that he said that – when the Messenger of Allah, sallAllahu ‘alayhi wa sallam, stood at Mina, during his Farewell Hajj, for the people to ask him – he was never asked about anything to be done before or after the other, except that he answered:"Do, and there is no blame."It is also shown in the concession given to those legally excused, as appears in the permission given by the Messenger of Allah, sallAllahu ‘alayhi wa sallam, to Al-‘Abbaas ibn ‘Abd Al-Muttalib, may Allah be pleased with him, to spend the nights which the pilgrim should spend in Mina in Makkah, in order to be able to provide the pilgrims with water supplies; and the permission given to the weak among the women and the children to depart from Muzdalifah at night and throw Jamrat Al-‘Aqabah ahead of its due time. There is a lot more evidence for making things easy rather than difficult upon the pilgrims. Moreover, giving the freedom of choice bears much more facilitation and ease. In your Hajj, you are given the choice to perform Hajj At-Tamattu‘ )to perform Hajj after having performed ‘Umrah during the months of Hajj(, Al-Qiraan )to assume Ihraam with the intention to perform both ‘Umrah and Hajj jointly(, or Al-Ifraad )to have the intent to perform Hajj solely(; and to have your head shaved or to cut your hair short; to hasten your departure )within two days( or to delay your departure )after the third day( to the end of Hajj. Undoubtedly, that is great lesson for every caller to Allah, teacher and mentor, and every Muslim in general; to make things easy, not difficult upon others, in response to the statement of the Prophet, sallAllahu ‘alayhi wa sallam, where he said:"Make things easy, and do not make them difficult; and give glad tidings, and do not cause the people to have aversion )to religion(."
4- Self-upbringing, self-watchfulness and adherence to piety:
One of the clearest aspects observed in Hajj is the accurate organization and compulsory discipline and seriousness of the pilgrims. From the beginning to the end of the journey of Hajj, there are clear spatial and time limits. The spatial boundaries are the Hajj definite Meeqaats which the pilgrim, who does not live in Makkah, should not go beyond, as well as the places of Tawaaf, Sa‘y, and so on; the time limits are to do the rituals at particular times, like standing at and leaving ‘Arafah, spending the night at Muzdalifah, throwing the pebbles, and so on. A clear manifestation of organization, noticeable in Hajj, is to oblige all pilgrims to put on one form of dress of a certain quality, and avoid the list of prohibitions which invalidate the state of Ihraam.
All those limits are set by Allah Almighty as He Says )what means(:
•}These are the Limits of Allah, so do not transgress them. And whoever transgresses the Limits of Allah – it is those who are the wrongdoers.{]Quran 2:229[
•}And those are the limits ]set by[ Allah. And whoever transgresses the Limits of Allah has certainly wronged himself.{]Quran 65:1[
In the "Book of Hajj", Al-Bukhaari, May Allah Have mercy upon him, has a chapter with the following title: "A Chapter on the command of the Messenger of Allah, sallAllahu ‘alayhi wa sallam, to adhere to tranquility on departure, and signaling to them with his whip". When the Messenger of Allah, sallAllahu ‘alayhi wa sallam, left on the Day of ‘Arafah, he heard a loud noise and the sound of the beating of camels behind him. So he signaled to the people with his whip and said:"O people! Adhere to tranquility for haste is not a sign of piety."Look, my dear brother and sister, at those great meanings on which the Muslim is brought up in Hajj, as regards the love for organization and discipline, and strengthening the spirit of seriousness. Thus, the Muslims return to their families with those valuable educational meanings.
5- Organization, discipline and seriousness:
Those meanings are well manifested in the feelings of Hajj. Allah Almighty Enjoined righteousness in His talk about Hajj. He Says )what means(:}And take provisions, but indeed, the best provision is fear of Allah. And fear Me, O you of understanding.{]Quran 2:197[ This leads the Muslim pilgrim to have self and internal watchfulness of Allah. Allah Knows every deed he does. Allah Almighty Forbade him sexual relations, wickedness and wrangling to improve his conduct:}Hajj is ]during[ well-known months, so whoever has made Hajj obligatory upon himself therein ]by entering the state of Ihraam[, there is ]to be for him[ no sexual relations and no disobedience and no disputing during Hajj. And whatever good you do – Allah Knows it.{]Quran 2:197[ From the beginning to the end of Hajj, the Muslim should observe )the Commands of( Allah and abide by righteousness. In this way, his intent, Hajj, love, hope, fear, humiliation and supplication will be for Allah Almighty. When he assumes the state of Ihraam, he makes himself a watcher that alerts and reminds him. Since he learns that Allah Knows all that he does, he then does not approach the nullifiers of Ihraam; and if he makes a mistake, he will then make expiation for it according to what is mentioned, and it is Allah Who Knows him well. If, during Tawaaf, there is crowdedness between men and women, he will watch his sight and keep it from looking at what is unlawful and guard his heart, hearing, seeing and tongue, during Hajj, in order to maintain his rituals, hoping that his worship would be accepted. The same applies to all rituals. That is, as it seems clear, to raise, develop, purify and justify the soul. It is, by Allah, a great lesson for the pilgrim to reflect on, obtain benefit from, generalize and apply to all his life affairs.
6- Mutual accord, recognition and sympathy among Muslims:
How good Hajj is when it enables you to be acquainted with anyone of your fellow Muslims from another part of the world, where you know his conditions, love him as well as he loves you, and both you and he, together, aid each other, and we all sympathize with each other, with no relationship to gather us, neither of blood, nor of nation, nor of dust or of property, nor of anything other than the religion of Islam. Yes. In Hajj, the most beautiful and wonderful meanings of brotherhood appear, and we become, as stated by the Messenger of Allah, sallAllahu ‘alayhi wa sallam,"The believer is, in relation to another believer, like a firmly joined structure of which the parts strengthen each other."
Consider, my dear brother and sister, the following Hadeeth narrated in Saheeh Muslim on the authority of Ibn ‘Abbaas, May Allah Be Pleased with him, that once, the Messenger of Allah, sallAllahu ‘alayhi wa sallam, met a group of riders at )the place of( Rawhaa’, whom he asked:“Who are the people?”They said: “)We are among( the Muslims.” Then, they asked: “Who are you?” He said:“I am the Messenger of Allah.”A woman )from among them( raised a young boy to him )to see( and said: “Could Hajj be performed by that )young boy(?” He said:“Yes, and you would receive a reward )for enabling him to perform it(.”
Hajj always develops mutual accord, recognition, affection and proximity among the Muslims: no one among us is superior to another except by virtue of piety. In confirmation of that, Allah Almighty Says )what means(:
•}That they may witness benefits for themselves and mention the Name of Allah on known days over what He Has Provided for them of ]sacrificial[ animals. So eat of them and feed the miserable and poor.{]Quran 22:28[
•}…then eat from them and feed the needy and the beggar...{]Quran 22:36[
Yes. Allah Almighty Instructs His slaves and Brings up the pilgrims to His House to aid each other, cooperate with each other, sympathize with each other, and the rich among them feed the poor, and the strong help the weak, thereby consolidating important meanings of collaboration and cooperation.
7- Honoring and protecting women:
Women have been utilized by those in whose hearts there is a disease as a means to their straying purposes, and a ladder to their suspicious wishes, to corrupt the society and alienate the Ummah. They claim, out of ignorance, that women have been wronged, exposed to humiliation, and deprived of their rights and freedom in the Muslim society. Let us say, with the highest voice, that no religion, cult or law other than Islam has ever given women their rights, honored, raised and maintained them, so much that some Western women hope to lead a life like that of Muslim women in their position, chastity and happiness in bringing up their children, and honor in wearing their Hijaab. That is because Western women have long suffered from injustice, humiliation and contempt. In Hajj, there are various forms in which women are honored, cared for and maintained. When a man stood up and said:"O Messenger of Allah! I have been enlisted in such-and-such battle, and my wife has set out for Hajj." The Messenger of Allah, sallAllahu ‘alayhi wa sallam, said to him, "Go and perform Hajj in the company of your wife."
Since Islam has not enjoined Jihaad upon women in order to guard them and respect their weakness, Allah Has Recompensed them with Hajj and ‘Umrah. It was narrated on the authority of ‘Aa’ishah, May Allah Be Pleased with her, that she said:"O Messenger of Allah! Is Jihaad obligatory for women?" He said, "Yes. Obligatory for them is Jihaad in which there is no fight, i.e. Hajj and ‘Umrah."]Ahmad and Ibn Maajah[
Consider with me, dear brother and sister, the following Hadeeth narrated by Al-Bukhaari and Muslim on the authority of ‘Aa’ishah, May Allah Be Pleased with her, where she said:
The Messenger of Allah, sallAllahu ‘alayhi wa sallam, entered upon me while I was weeping. He asked me the reason for it. I replied, "I heard what you said to your Companions and I cannot do the ‘Umrah." He asked me, "What is the matter with you?" I replied, "I am not praying )as I have got my menses(." He said, "There is no harm in it as you are one of the daughters of Aadam and the same is written for you as for others. So, you should perform Hajj and I hope that Allah Will Enable you to perform ‘Umrah as well."
Is this not a kind of honor for women, asking about their state, soothing their hearts, and caring for their affairs? Would that my people know this! Would that they perceive that to abide by the Islamic method of dealing with and caring for women maintains the manners of the society and the Ummah from all kinds of social, moral and educational corruption in which the materialistic world lives – and is visible here and there.
8- Tolerance, pardon and soundness of the heart:
It was narrated on the authority of Abu Hurayrah, May Allah Be Pleased with him, that he said that the Messenger of Allah, sallAllahu ‘alayhi wa sallam, said:"Whoever performs Hajj to this House )the Ka‘bah( during which he neither has sexual intercourse )with his wife( nor commits wickedness will return )as sinless( as a newborn on the very day his mother gave birth to him."]Al-Bukhaari and Muslim[ There is no day on which Allah Releases people from Hell more than on the Day of ‘Arafah. This shows the great extent of the Pardon, Mercy, perfect Generosity and Munificence of Allah with the visitors of His House. During those blessed days, the mercy )of Allah( descends, the blessings are multiplied, and sins are removed by )Allah( The Forgiver, The Merciful, The Pardoning, The Generous, The Munificent and The Forbearing. So, would we obtain benefit from Hajj? That is: to return with tolerance, forgiveness, sound breasts and pure hearts; having no feelings of resentment towards the Muslims, according to which I would excuse all my brothers and sisters, pardon those who wronged me, deal with the mistakes of others in kindness, and purify my heart from all feelings of resentment, envy, grudge or hatred, in the hope that Allah Would Forgive and Pardon me; He Is The Most Merciful of those who show mercy;"Verily, Allah Bestows mercy upon the merciful among His slaves."

Hajj & Umrah, - Lessons Drawn from the Obligation of Hajj - II

The Prophet, sallAllahu ‘alayhi wa sallam, also said:
•"All of my Ummah will enter Paradise except those who refuse."It was said, "O Messenger of Allah, who are those who refuse?" He said,"Whoever obeys me will enter Paradise and whoever disobeys me has refused."
•"Whoever does any action that is not in accordance with this matter of ours )i.e. Islam(, will have it rejected."
Allah Almighty also Says )what means(:}So let those beware who dissent from the Prophet's order, lest Fitnah strike them or a painful punishment.{]Quran 24: 63[
Complete submission and surrender to the Command of Allah Almighty:
Whoever is enslaved by his customs, taken over by his traditions, or owned by habits and desires, will not be liberated nor freed; especially if he weighs all things with his mind and does not take any action. Rather, he does not adhere to any matter except after conducting an accurate materialistic evaluation. This is the way of the slaves of mind and matter. However, Hajj, with its mysterious and unfamiliar description, is a challenge to the slaves of systems and arrangements. It is an invitation to achieve complete submission, belief in the unseen, absolute surrender to the Command of the Beloved; Allah Almighty, without seeking any proofs or depending on logic or mental proof. Such absolute submission to the command and complete surrender to its requirements without knowing the wisdom behind it is the absolute kind of servitude and slavery to the Greatest God; Allah Almighty.
Allah Almighty Has Assigned the pilgrims – as Imaam Abu Haamid Al-Ghazaali, May Allah Have mercy upon him, said – with:
Some acts which involve no fraternizing among people and whose meaning no intel¬lect can comprehend, such as throwing pebbles and running to and from repeatedly between Safa and Marwah for example. It is through such acts that perfect bondage and slavery is manifest. Zakaah is kindness; its meaning is understood and intellect inclines to it. Fast¬ing is a break with bestial passion, which is the tool of the enemy of Allah Almighty, and involves concentration on worship by abstaining from ]normal[ occupations. Rukoo‘ )bowing( and )Sujood( )prostration( in prayer ]express[ submission to Allah Almighty through acts which represent the ]outward[ forms of submission, But the running to and fro ]between Safa and Marwah[, and the casting of stones and similar acts afford no obvious benefit to the soul nor any natural sociability; nor is the intellect able to discover their meaning. For whatever the intellect understands, to that is nature inclined; inclination thus cooperates with the command and together with it incites to action. Thus, perfect bondage and slavery are hardly manifest. For this reason, the Prophet, sallAllahu ‘alayhi wa sallam, said, with special reference to Hajj:"Here I am in Hajj, truly in devotion and slavery."He did not say this in prayer or anything else.
If the Wisdom of Allah Almighty has decreed that the salva¬tion of people shall require that their acts be in accordance with the requirements of submission and ser-vitude – for that whose meanings cannot be discovered is the most consummate of all the kinds of worship in cleansing souls and turning them away from the requirements of nature and ethics to the require¬ments of servitude.
A lesson regarding the unity of the Islamic Ummah:
Amongst the greatest benefits of Hajj is that it affirms the unity of the Islamic Ummah that is established by the Noble Quran and the honorable Sunnah as Allah Almighty Says )what means(:}Indeed this, your religion, is one religion.{]Quran 21: 92[
In Hajj, we find that all Muslims are united in performing the same specific rituals, away from any differences or distinctions. All pilgrims perform Tawaaf around the same House, make Sa‘y in the same place, stand at the same destination, turn to only one direction, recite the same Book, worship the same Lord beside Whom there is no other god and follow the same Prophet, sallAllahu ‘alayhi wa sallam. All such things enhance the Islamic brotherhood and religious relationship among all Muslims. Different colors, different shapes and different countries raise the sublimity of the religion and combine the power of religion in their hearts and the acts of Hajj among their bodies and conduct. They, through actions, reject the differences of nationalities, races and parties. This proves that this Ummah can only be united by the call of belief and faith, as Allah Almighty Says )what means(:
•}Indeed this, your religion, is one religion, and I Am your Lord, so worship Me.{]Quran 21: 92[
•}The believers are but brothers.{]Quran 49: 10[
Also, the Messenger of Allah, sallAllahu ‘alayhi wa sallam, said:“The relationship between one believer and another is like a structure, parts of which support other parts.”
If Muslims realize this noble meaning, act upon it and apply it, differences and causes of dissension will vanish. Rather, they will be like a single body, submitting to the Saying of Allah Almighty )which means(:}And hold firmly to the Rope of Allah all together and do not become divided.{]Quran 3: 103[
Adopting a moderate and balanced approach in all matters:
One has to avoid all types of exaggeration, going to extremes or being careless. Imaam Ahmad reported from Ibn ‘Abbaas, May Allah Be Pleased with him, who said: “The Messenger of Allah, sallAllahu ‘alayhi wa sallam, said to me on the morning of Al-‘Aqabah: “Come and pick up pebbles for me.” So I picked up pebbles for him that were a little larger than a chickpea. He put them in his hand and said:“With pebbles like these stone )the Jamaraat(.”Then he added:“O people, beware of going to extremes, for those who came before you were destroyed because of going to extremes in religion.”
Really, the Ummah is in pressing need to adopt a moderate and balanced approach in all matters, without being negligent or careless, and without exaggerating or going to extremes, but rather being moderate as Allah Almighty Says )what means(:}And thus We Have Made you a just community that you will be witnesses over the people and the Messenger will be a witness over you.{]Quran 2: 143[
Unity of history and objectives:
When the Muslim individual lives the memory of Hajj or performs it in its real sense, he records his name as one of a great caravan that responded to the call of the Messengers, May Allah Exalt their mention, and obeyed the Lord of the worlds. This caravan has been led by the Prophets and Messengers from Ibraaheem )Abraham( and those who came before and after him: Nooh )Noah(, Ismaa‘eel )Ishmael(, Is-haaq )Isac(, Moosa )Moses( ‘Eesa )Jesus( and Muhammad, May Allah Exalt their mention.
Every Muslim should know that he is not the first to experience such matters, but rather there were many before him such as the prophets, messengers, guided leaders and believing followers who underwent the same difficulties and experienced the same situations and obstacles. However, they endured and showed patience towards them. Therefore, they were rewarded greatly in the worldly life and the Hereafter. They came to have the upper hand over their enemies and their voices recited the Talbiyah of Hajj loudly, although many of them lived at a time in which they could not approach the House or even pray in it, not to mention performing Hajj or ‘Umrah.
When one remembers this, his heart will feel reassured and his feet will stand firm on this way. Actually, we are in dire need of this form of standing firm in the time of strangeness and alienation, and of knowing that the prosperous end will be for you as what happened with the believers who were before you. Allah Almighty Says )what means(:}And those who disbelieved said to their messengers, "We will surely drive you out of our land, or you must return to our religion." So their Lord Inspired to them, "We Will surely Destroy the wrongdoers. And We will surely cause you to dwell in the land after them. That is for he who fears My position and fears My threat."{]Ibraaheem 14: 13-14[
Hajj still has greater wisdom than that, such as learning humility, remembering the Hereafter, renewing faith through seeing the places of worship and destinations of invitation. What we have mentioned is just a drop in the ocean. Whoever contemplates the matter thoughtfully will surely learn many other lessons. That is because Allah Almighty Says )what means(:}That they may witness benefits for themselves.{]Quran 22: 28[

Dought & clear, - Her husband divorced her and she got her period on the same day that the divorce papers were signed, then he took her back with a text message after three months

i have a question and i will be greatful if u can answer me as soon as possible because currently the decision has to be taken immediately.My friend husband has given her divorce in india.he legally signed the papers in front of two witnesses.the divorce was named as TALAQ E BAEEIN. And my friend was in state of menses the day he signed that day her periods began.She was told to wait for her iddah to get over and accordingly if we take that day of menses she finished her iddah.Now after three months he has sent her text message formally annoucing that he has taken her into his nikah back as his wife.
My question is
1-is talaq e baeein it the first or second or third divorce.As he has not uttered the words before also wen she was in nikaah.
2-can he take back his wife by just a mobile sms.
3-plz tell me if the divorce is valid if she is menstruating.
Plz help me in the light of Quran and Sunnah.
140315
Ruling on kissing and embracing one wife in front of her co-wives!
.
Praise be to Allah.
Firstly:
Revocable divorce is the first or second talaaq, so long as it is not talaaq in return for money (i.e., so long as it is not khula‘). Then this revocable divorce is counted as one of the three talaaqs, and it is permissible to take the wife back during her ‘iddah, even if that is without her consent, with no new marriage contract or mahr; rather the original marriage contract remains in effect.
As for irrevocable divorce (at-talaaq al-baa’in), it is divided into two types, major and minor. Irrevocable divorce in the major sense means that the husband has completed three talaaqs, as a result of which the marriage contract between them comes to an end, and it is not permissible for him to marry her again until after she has married another husband in a genuine marriage, not a tahleel marriage (one aimed making it permissible for her to go back to the first husband), then the second husband divorces her or passes away.
Irrevocable divorce in the minor sense refers to cases where talaaq is issued in return for compensation, or it occurs before consummation of the marriage, or where the husband has issued one or two talaaqs and has not taken her back before her ‘iddah ended. As a consequence of that, the marriage contract between them comes to an end, but it is possible for the husband to remarry her with her consent, and with a new marriage contract and mahr. This has been explained previously in fatwa no. 46561.
Hence it is known that this talaaq that your friend signed for his wife is a revocable talaaq, so long as it did not happen in return for money, and was not a third talaaq, as appears to be the case from your question.
Secondly:
The ‘iddah of a woman divorced by talaaq varies according to her situation. This has been explained previously in detail in fatwa no. 12667
So long as this woman menstruates, as is mentioned in the question, then her ‘iddah is according to her menstrual cycle. So what she must do is wait until she has had three menstrual cycles after her divorce, including the menses that came on the day of the talaaq, if he divorced her before her menses began, as we shall see below. If her husband took her back during this ‘iddah, i.e., before her third menses, then she is still his wife.
But if he took her back after the end of the ‘iddah, then in that case the taking back is not valid, and she has become irrevocable divorce in the minor sense.
Thirdly:
The fuqaha’ are unanimously agreed that taking back the wife is valid if done by means of words to that effect, such as if he says to her: “I take you back” or “I take her back”. However they differed as to whether taking back may be achieved by means of actions, such as intercourse and the things that lead to it, e.g., touching, kissing, being alone together. This has been discussed previously in the answer to question no. 23269.
You say that your friend sent her a text message saying that he was taking her back. If he intended to take her back by means of this message, then it was fulfilled thereby. The scholars have stated that writing down the taking back, with the intention of doing so, counts as taking back. It says inI‘aanat al-Taalibeen ‘ala Hall Alfaaz Fath al-Ma‘een(4/34): Writing may take the place of speaking, if accompanied by the intention. End quote.
However we should point out that just as it is not necessary to have the wife’s consent to taking her back, it is also not necessary to inform her of it; rather even if he takes her back without her knowledge, the taking back is still valid, and she is obliged to comply with the implications of his taking her back once she is certain of his claim to have taken her back during the ‘iddah, or once he establishes proof for her.
It says inBadaa’i‘ as-Sanaa’i‘ fi Tarteeb ash-Sharaa’i‘(3/181):
Similarly, informing her that he is taking her back is not an essential condition; even if he does not tell her that he is taking her back, that is acceptable, because taking back is his right exclusively. End quote.
Fourthly:
Issuing a talaaq during menses is a sin and an act of disobedience; it is contrary to the command of the Prophet (blessings and peace of Allah be upon him). As to whether it is applicable to the wife, that is a matter concerning which the scholars differed. We have discussed this difference of opinion previously; for information on the most correct view, please see fatwa no. 72417
This difference of opinion is of concern if the husband issued a divorce to his wife at the time when she was menstruating. As for completing the official procedures and filing the divorce papers, that has nothing to do with whether the woman is menstruating or not. If he divorced her during a period of purity in which he had not had intercourse with her, but the divorce papers were signed when she was menstruating, then this divorce was done in accordance with the Sunnah and counts as such, according to scholarly consensus, even if she got her menses on the same day, after he had actually divorced her.
And Allah knows best.

Dought & clear, - What is the ruling on people gathering to receive condolences?

What is the ruling on the family of the deceased sitting and gathering in a specific place to receive condolences?
Praise be to Allah.
What is meant by gathering to receive condolences is when the family of the deceased sit and gather in a certain place where those who wish to offer condolences can go to see them, whether that is in the house of the deceased’s family, or in the tents that they set up for that purpose, and so on.
This matter is one of those concerning which there is a considerable difference of opinion among the scholars. There are two scholarly opinions concerning it:
-1-
The first opinion is that there should be no gathering for the purpose of offering condolences, and such gatherings are makrooh. This is the view of the Shaafa‘is and Hanbalis, and many of the Maalikis; some of them even stated that it is haraam.
The strongest evidence quoted by those who say that it is makrooh consists of two things:
(i) The report of Jareer ibn ‘Abdullah who said: We used to regard gathering with the family of the deceased and making food after the burial as coming under the same heading as wailing (which is forbidden). Narrated by Ahmad, 6866; and Ibn Maajah, 1612.
(ii) This is something that was not done by the Prophet (blessings and peace of Allah be upon him) or any of his Companions, hence it is something that has been introduced; it is also contrary to the practice of the righteous early generations, who did not gather to receive condolences.
Imam ash-Shaafa‘i said: I would regard such gatherings as makrooh, even if there is no weeping involved, because it renews grief and imposes a burden on the family of the deceased.
al-Umm, 1/318
An-Nawawi said: With regard to sitting to receive condolences, ash-Shaafa‘i, al-Musannif and others stated that it is makrooh. … They said: rather people should go about their business, and whoever happens to meet them (the family members of the deceased) may offer them condolences. There is no differentiation between men and women with regard to being makrooh to sit to receive condolences.
End quote.Al-Majmoo‘ Sharh al-Muhadhdhab, 5/306
Al-Mirdaawi said: It is makrooh to sit to receive condolences. This is our opinion and it is the opinion of most of our companions, as was clearly stated.
End quote.Al-Insaaf, 2/565
Abu Bakr at-Turtooshi said: Our Maaliki scholars said: Sitting to receive condolences is an innovation and is makrooh. But if a person sits in his house or in the mosque grieving, without sitting for the purpose of receiving condolences, there is nothing wrong with that. When the news came to the Prophet (blessings and peace of Allah be upon him) of the death of Ja‘far, he sat in the mosque grieving , and the people offered him condolences.
End quote.Al-Hawaadith wa’l-Bida‘, p. 170
This view was mentioned in a fatwa by Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him), when he said: With regard to the family of the deceased, it is not prescribed for them to gather in the house and receive condolences, because some of the salaf (early generations) regarded this as being a type of wailing (which is forbidden). Rather they should stay at home and close their doors, and whoever happens to meet them in the marketplace or in the mosque may offer them condolences.
End quote fromMajmoo‘ al-Fataawa, 17/103
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The second opinion is that there is nothing wrong with gathering and sitting to receive condolences, so long as the gathering is free of objectionable matters and innovations, and so long as it does not renew or perpetuate grief, or involve imposing burdens on the family of the deceased. This is the view of some of the Hanafis, some of the Maalikis and some of the Hanbalis. See:al-Bahr ar-Raa’iq, 2/207;Mawaahib al-Jaleel, 2/230
Ibn Nujaym al-Hanafi said: There is nothing wrong with sitting to receive condolences for three days, without committing any objectionable action such as burdening the family of the deceased with requirements to make preparations to receive the visitors and offer food.
End quote.Al-Bahr ar-Raa’iq, 2/207
This view was narrated from Imam Ahmad by Hanbal and al-Khallaal.
Al-Mirdaawi said: And it was narrated from him that he granted a concession allowing that, because he offered condolences and sat to receive condolences. al-Khallaal said: Imam Ahmad was lenient with regard to sitting with the bereaved family in more than one place. … And it was narrated from him that he granted a concession to the family of the deceased. This was narrated by Hanbal and was the view favoured by al-Majd [i.e., Ibn Taymiyah].
And it was narrated from him that he granted a concession to the family of the deceased and others, to calm them down.
End quote.Al-Insaaf, 2/565
Ibn ‘Abd al-Barr said inal-Kaafi(1/283): I hope that the issue of sitting together briefly to offer condolences is not serious. End quote.
Among contemporary scholars, this view was favoured by Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) when he said, as it says inMajmoo‘ al-Fataawa(13/373): This is the view favoured by Shaykh Muhammad al-Mukhtaar ash-Shanqeeti inSilsilat Duroos Sharh az-Zaad.
The strongest evidence quoted by those who regard it as permissible is as follows:
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The hadeeth of ‘Aa’ishah, the wife of the Prophet (blessings and peace of Allah be upon him) according to which, that if a member of her family died, the women would gather together, then they would depart, except her own relatives and close friends. She would order that a pot of talbeenah be cooked, then some thareed would be made and the talbeenah would be poured over it. Then she would say: Eat some of it, for I heard the Messenger of Allah (peace and blessings of Allaah be upon him) say: “Talbeenah soothes the heart of the sick person, and it takes away some of the grief.”
Narrated by al-Bukhaari, 5417; Muslim, 3216.
Talbeenah is a broth made from (barley) flour and bran, to which honey may be added. It is so called because it resembles milk (laban) in its whiteness and consistency.
This hadeeth clearly indicates that they did not see anything wrong with gathering, whether it was the family of the deceased who gathered, or others who gathered with them.
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It was narrated that Abu Waa’il said: When Khaalid ibn al-Waleed died, the women of Banu’l-Mugheerah gathered, weeping for him. It was said to ‘Umar: Send word to them, telling them not to do that, and that you should not hear anything about them that you dislike. ‘Umar said: Why shouldn’t they shed tears for Abu Sulaymaan, so long as they do not put dust on their heads or make a loud noise
Narrated by Ibn Abi Shaybah inal-Musannaf(3/290) and ‘Abd ar-Razzaaq as-San‘aani (3/558), with a saheeh isnaad.
They gave two responses to the report of Jareer ibn ‘Abdullah:
(i) that the most correct view concerning it is that it is da‘eef (weak). It was criticised by Imam Ahmad and ad-Daaraqutni.
This report was narrated by Ahmad ibn Munayyi‘ in hisMusnad, Ibn Maajah inas-Sunan(1612), and at-Tabaraani inal-Mu‘jam al-Kabeer(2/307) via Hushaym from Ismaa ‘eel ibn Abi Khaalid, from Qays, from Jareer.
This isnaad appears to be saheeh, because its narrators are known for their good memory and are trustworthy. Hence it was classed as saheeh by a number of scholars, such as an-Nawawi inal-Majmoo‘(5/320), Ibn Katheer inIrshaad al-Faqeeh(1/241), al-Busayri inMisbaah az-Zujaajah, 1/289, ash-Shawkaani inNayl al-Awtaar(4/148), Shaykh Ahmad Shaakir inTahqeeq al-Musnad(11/126), al-Albaani inAhkaam al-Janaa’iz(p. 210), the commentators onMusnad Ahmad(11/505), and others.
However in the hadeeth there is a subtle flaw that was pointed out by the scholars and critics, which is the tadlees of Hushaym ibn Basheer; even though he was trustworthy, he often practiced tadlees [tadlees means giving the impression that he heard it from a particular person when he did not hear it from him directly] and irsaal [irsaal means attributing a hadeeth directly to the Prophet (blessings and peace of Allah be upon him) without mentioning the name of the Sahaabi in the isnaad or chain or narrators], and sometimes narrated from da‘eef (weak) and majhool (unknown) narrators.
Al-Haafiz adh-Dhahabi said inTadhkirat al-Huffaaz(1/249): There is no dispute that he was among those who were known for their good memory and trustworthy narrators, but he practised tadlees a great deal; he narrated from a number of people from whom he did not hear hadeeth directly. End quote.
Hence a number of earlier scholars regarded this hadeeth of Jareer as flawed, because of the tadlees of Hushaym. For example:
Abu Dawood said: I mentioned to Ahmad the hadeeth of Hushaym, from Ismaa‘eel, from Qays, from Jareer, “We used to regard gathering with the family of the deceased and making food for them as being acts of Jaahiliyyah.” He said: They claimed that he heard it from Shareek. Ahmad said: I do not know of any basis for this hadeeth.
End quote.Masaa’il al-Imam Ahmadnarrated by Abu Dawood as-Sijistaani, p. 388
Inal-‘Ilalby ad-Daaraqutni (13/462) there is something which suggests the possibility of Hushaym practicing tadlees in this hadeeth.
If the one who practiced tadlees is Shareek ibn ‘Abdullah an-Nakha‘i, the qaadi of Kufah, then the report is da‘eef (weak), because his hadeeth is da‘eef according to all scholars of hadeeth; a hadeeth that is reported only by one such as he cannot be accepted as the basis for a shar‘i ruling concerning halaal and haraam.
Yes, he was followed (in the narration of a similar hadeeth) by Nasr ibn Baab, as is narrated inMusnad Ahmad(6905), but it says in the biography of this Nasr inTa‘jeel al-Manfa‘ah(p. 420): al-Bukhaari said: They accused him of lying. Ibn Ma‘een said: His hadeeth is worthless. ‘Ali ibn al-Madeeni said: I rejected his hadeeth. Abu Haatim ar-Raazi said: His hadeeth is to be rejected. Abu Khaythamah Zuhayr ibn Harb said: He is a liar. End quote.
Therefore the similar hadeeth which he narrated cannot strengthen the report of Shareek; rather there is a strong possibility that the one who practiced tadlees in the report of Hushaym is Nasr ibn Baab himself, and not Shareek.
To sum up: the report of Jareer ibn ‘Abdullah al-Bajali has not been proven via any saheeh isnaad, and the well-known report is flawed because of tadlees. For more information see the book:at-Tajliyah li Hukm al-Juloos li’t-Ta‘ziyahby Shaykh Zaafir Aal Jab‘aan, p. 27
(ii) Even if we assume that it is saheeh, what is meant is gatherings in which food is made by the family of the deceased in order to honour those who come and gather with them.
Hence two things are mentioned in the report: “We used to regard gathering with the family of the deceased and making food after the burial as coming under the same heading as wailing (which is forbidden).” The gathering which involves both of these two things is that which is regarded as coming under the same heading as wailing.
Ash-Shawkaani said: That is, they used to regard gathering with the family of the deceased after the burial and eating food in their house as a type of wailing, because that was burdensome for them and preoccupied them despite what they were preoccupied with of the death of the deceased, and because it is contrary to the Sunnah; they are instructed to make food for the family of the deceased, but they went against it and burdened them with the obligation of making food for others.
End quote.Nayl al-Awtaar, 4/118
Shaykh Ibn Baaz said: What is meant is that gathering to read Qur’an and eat food has no basis; rather this is a kind of innovation. But if a person visits them to greet them, pray for them and offer condolences, and he recites in a gathering a brief recitation without any prior intention of doing so, because they have gathered, so he recites one or more verses for the benefit of all and to offer sincere advice to all, there is nothing wrong with that. But if the family of the deceased bring people together or they bring together a certain group to recite Qur’an, or they give them food or money (in return for doing so), this is an innovation for which there is no basis.
End quote.Fataawa Noor ‘ala ad-Darb, 14/202
With regard to the view that gathering to offer condolences was not done by the Prophet (blessings and peace of Allah be upon him) and his Companions, therefore it is an innovation, the response to that is that gathering to offer condolences comes under the heading of traditions or customs, and not acts of worship, and the issue of innovation is not applicable with regard to traditions or customs; rather the basic principle with regard to traditions or customs is that they are permissible.
Moreover, offering condolences is something that is prescribed in sharee‘ah, and there is no means of achieving that nowadays except by receiving people who come to offer condolences, or sitting to receive condolences, so this is something that helps to fulfil the Sunnah.
Shaykh Ibn Baaz was asked about receiving people who come to offer condolences, or sitting to receive condolences. He said: I do not see anything wrong with the one who has suffered the calamity of the death of a relative or wife and the like receiving people in his house who have come to offer condolences at an appropriate time, because offering condolences is Sunnah, and receiving those who have come to offer condolences is something that helps them to fulfil the Sunnah. And if they honour them by offering coffee or tea or perfume, all of that is fine.
End quote.Majmoo‘ Fataawa wa Maqaalaat Mutanawwi‘ah, 13/373
Shaykh Saalih Aal ash-Shaykh said:
What we see of our scholars in this land and other lands, even the scholars, is that they sit (to receive condolences), because this interest could not be achieved otherwise, and if that is not done, then the Sunnah of offering condolences cannot be done either.