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Thursday, July 10, 2014

Taraaweeh prayers, - Dought&clear, - * Is Witr prayer different from the night prayer?




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Is there a difference between Witr prayer and the night prayer?.
Praise be to Allaah.
Witr prayer is part of the night prayer, but there is still a difference between them.
Shaykh Ibn Baaz (may Allaah have mercy on him) said:
Witr is part of the night prayer, and it is Sunnah and it is the end of the night prayer, one rak’ah with which one concludes the night prayers at the end of the night, or in the middle of the night, or at the beginning of the night after ‘Isha’ prayer. You pray whatever you can, then you conclude it with one rak’ah. End quote.
Fataawa Ibn Baaz, 11/309
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:
The Sunnah – both in word and in deed – distinguishes between the night prayers and witr prayer. The scholars also distinguished between them with regard to the ruling and the way in which they are done.
With regard to differentiation made in the Sunnah, according to the hadeeth of Ibn ‘Umar (may Allaah be pleased with him), a man asked the Prophet (peace and blessings of Allaah be upon him): How are the night prayers done? He said: “Two by two, then when you fear that dawn is about to break, pray Witr with one rak’ah.” Narrated by al-Bukhaari. Seeal-Fath, 3/20.
With regard to the way in which the Prophet (peace and blessings of Allaah be upon him) differentiated between them in his actions, according to the hadeeth of ‘Aa’ishah (may Allaah be pleased with her): The Prophet (peace and blessings of Allaah be upon him) used to pray when I was lying down across his bed. When he wanted to pray Witr, he would wake me up and I would pray Witr. Narrated by al-Bukhaari. Seeal-Fath, 2/487. Also narrated by Muslim (1/51) with the wording: “He used to offer his prayers at night when I was lying in front of him.” Then when only Witr was left, he would wake her up and she would pray witr. And Muslim also narrated (1/508) that she said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to pray thirteen rak’ahs at night, five of which were witr, in which he would not sit except at the end. And he narrated from her (1/513) that when Sa’d ibn Hishaam said to her: “Tell me about the Witr of the Messenger of Allaah (peace and blessings of Allaah be upon him),” she said: “The Prophet (peace and blessings of Allaah be upon him) used to pray nine rak'ahs during which he would not sit except in the eighth rak’ah, when he would remember Allaah and praise Him and call upon Him, then he would get up without saying the salaam, then he would stand and pray the ninth rak’ah, then he would sit and remember Allaah (dhikr) and praise Him and call upon Him, then he would say a tasleem that we could hear.”
With regard to the way in which the scholars differentiated between the ruling on witr and the night prayers, the scholars differed as to whether Witr is obligatory. Abu Haneefah was of the view that it is obligatory, and this was narrated from Ahmed inal-Insaafandal-Furoo’. Ahmad said: Whoever fails to pray Witr deliberately is a bad man whose testimony should not be accepted.
The well known view in our madhhab is that witr is Sunnah. This is the view of Maalik and al-Shaafa’i.
With regard to the night prayers, there is no such scholarly dispute. InFathal-Baari(3/27) it says: I have not seen anyone narrate the view that it is obligatory except for some of the Taabi’een. Ibn ‘Abd al-Barr said: Some of the Taabi’een held an odd view and said that qiyaam al-layl is obligatory, even if it is done only for the length of time that it takes to milk a sheep. But the view of the majority of scholars is that it is recommended. End quote.
With regard to the scholars’ differentiating between the ways in which witr and the night prayers are done, our Hanbali fuqaha’ have clearly stated that they are done differently. They said: The night prayers are done two by two, and they said concerning witr: witr may be prayed with five, or seven, rak’ahs, in which one does not sit except in the last one. If a person prays witr with nine rak’ahs, he should sit immediately after the eighth rak’ah and recite the tashahhud, then he should stand up before saying the salaam and do the ninth rak’ah, then he should say the tashahhud and the salaam. This is what was stated by the author ofZaad al-Mustaqni’. End quote.
Majmoo’ Fataawa Ibn ‘Uthaymeen, 13/262-264.
Thus it is clear that witr prayer is part of the night prayers, but it differs from them in some minor details such as how it is done.
And Allaah knows best.




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Taraaweeh prayers, - Dought&clear, - * Is it permissible to pray Witr with nine rak’ahs, two tashahhuds and one salaam?




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What is the ruling on praying Taraweeh in congregation in the mosque, with nine rak’ahs and a tashahhud after the eighth rak’ah, and another tashahhud after the ninth rak’ah, followed by the salaam? Some people say that this is bid’ah (an innovation).
I hope that you can tell me the ruling with the evidence, supported by the comments of earlier and later scholars.
Praise be to Allaah.
The best way of praying Taraweeh is to pray eleven rak'ahs, as the Prophet (peace and blessings of Allaah be upon him) used to do during Ramadaan and at other times. He used to pray two by two, then pray Witr with three. If a worshipper does more or less than eleven rak’ahs, there is nothing wrong with that. We have explained that in the answer to question no. 9036.
As for the way of praying Witr that is asked about here, it is one of the ways of praying Witr. It was narrated that ‘Aa’ishah (may Allaah be pleased with her) was asked about the Witr of the Messenger of Allaah (peace and blessings of Allaah be upon him) and she said: “The Prophet (peace and blessings of Allaah be upon him) used to pray nine rak'ahs during which he would not sit except in the eighth rak’ah, when he would remember Allaah and praise Him and call upon Him, then he would get up without saying the salaam, then he would stand and pray the ninth rak’ah, then he would sit and remember Allaah (dhikr) and praise Him and call upon Him, then he would say a tasleem that we could hear.” Narrated by Muslim, 746.
Ibn al-Qayyim said, explaining the various ways in which the Prophet (peace and blessings of Allaah be upon him) prayed Witr:
The fifth way is nine rak’ahs in which he would pray eight of them continuously, and did not sit at all except in the eighth, when he sat and remembered Allaah and praised Him and called upon Him, then he got up without saying the salaam, then he prayed the ninth rak’ah, then he sat and recited the tashahhud and said the salaam, then he prayed two rak’ahs sitting down after he said the salaam. End quote.
Zaad al-Ma’aad, 1/317
Some people think that these ahaadeeth contradict one another, because it is proven inal-Saheehaynthat the Prophet (peace and blessings of Allaah be upon him) prayed at night two by two (rak’ahs), but that is not the case, because this hadeeth was narrated concerning qiyaam al-layl, but the way of praying that we have mentioned and that is mentioned in the question was narrated concerning Witr prayer.
Ibn al-Qayyim (may Allaah have mercy on him) said, after quoting the ahaadeeth about the ways in which the Prophet (peace and blessings of Allaah be upon him) prayed Witr:
All of these are saheeh ahaadeeth which do not contradict one another. The Prophet (peace and blessings of Allaah be upon him) said: “The night prayers are two by two,” which is a saheeh hadeeth. But at the same time he prayed witr with nine or seven or five rak’ahs. All of his Sunnahs are true and confirm one another. The Prophet (peace and blessings of Allaah be upon him) answered the one who asked him about the night prayers by saying that they are two by two, and he did not ask him about Witr. As for seven or five or nine or one, this has to do with Witr prayer. Witr refers to the one rak’ah that is offered separately from the prayers that are offered before it, as well as the five, seven or nine are joined to one another, just as Maghrib is the name for three rak’ahs that are joined to one another. If the five or seven are separated with two salaams like the eleven, then Witr is the name given to the rak’ah that is performed separately, as the Prophet (peace and blessings of Allaah be upon him) said: “The night prayers are two by two, and when one of you fears that dawn is about to break, let him pray witr with one rak’ah, to make the prayer that he has offered odd-numbered.” So the actions and words of the Prophet (peace and blessings of Allaah be upon him) are in agreement, and they confirm one another. End quote.
I’laam al-Muwaqqi’een, 2/424, 425
In the answer to question no. 52875we have explained that Witr prayer is part of the night prayer, but they differ in the way that they are done.
Based on this, Taraweeh prayers cannot be offered as nine rak'ahs joined together with two tashahhuds and one salaam, rather the prayer that is offered in this manner is Witr.
And Allaah knows best.


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Zakaath, - Dought&clear, - * The nisaab (minimum threshold) for agricultural produce and the amount of zakaah that is due on it




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What is the minimum threshold for zakaah on agricultural produce? Is there a difference between crops that are irrigated by rainfall and crops that are irrigated by mechanical means? What is the rate that should be paid on dates and grains?.
Praise be to Allaah.
The Messenger (blessings and peace of Allah be upon him) explained the nisaab for grains and crops, which is five wasqs, and a wasq is sixty saa‘s. So the nisaab is three hundred saa‘s measured by the saa‘ of the Prophet (blessings and peace of Allah be upon him), of dates, grapes, and grains such as corn, barley, rice and so on. The saa‘ of the Prophet (blessings and peace of Allah be upon him) is equal to two handfuls scooped up by someone with hands of average size, and each handful is equivalent to a mudd. This is the amount of a saa‘. In terms of weight it is four hundred and eight (480) mithqaal, and a mudd is one hundred and twenty (120) mithqaal, of grains that are of an average size, neither very heavy nor light. [So the nisaab is equal to approximately 612 kilograms]
If the grains are irrigated by rainfall and rivers, then (the rate of zakaah) is one tenth, or one hundred saa‘s from every thousand saa‘s, and so on. If they are irrigated by mechanical means or using animals (to bring water) such as camels and so on, then one-half of one-tenth is due, i.e., fifty from every thousand. The same ruling also applies to dates. End quote.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him)




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Zakaath, - Dought&clear, - * Is there any zakaah due from one who cut corn beforeit ripened to provide food for his animals?




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There is a peasant who planted some acres of corn; approximately 3 months after planting it, he ground it when the grains and leaves were still green, then he put it together to give it as food to cattle.
My question is: does he have to give zakaah? Please note that he irrigated it with well water.
Praise be to Allaah.
Firstly:
In the answer to question no. 99843we explained that zakaah is due on grains of types that are measurable and storable, if what the land produces reaches five wasqs, i.e., three hundred saa‘s. This is equivalent to 612 kg of good-quality wheat; some scholars give the amount as 653 kg. One-tenth is to be given if the crop was irrigated by rainwater, rivers or springs, and half of one tenth is to be given if it was irrigated by costly (artificial) means.
Based on that, if the corn is of a type that is measurable and storable, if the amount produced exceeds three hundred saa‘s, because the cultivated land covers a large area, then for the corn that is produced zakaah must be given at the rate of half of one tenth, because water was brought from the well to irrigate the crop, which can only be done by costly means such as machines, fuel and so on.
Secondly:
What we have mentioned above about the minimum threshold (nisaab) for zakaah on grains is the first condition for zakaah being obligatory. The second condition is that this minimum amount should have been in his possession at the time that zakaah became due.
The time when zakaah becomes due on grains is when they become hard, and on other crops it is when they become visibly ripe. This is the view of the majority of fuqaha’, apart from Abu Haneefah, who said that zakaah becomes due when the crops begin to appear; it is also different from the view of those, among the Hanbalis and others, who say that the time when it becomes due is when it is harvested.
Inal-Mawsoo‘ah al-Fiqhiyyah(15/12 it says:
The majority of fuqaha’ are of the view that zakaah becomes due on crops when they have visibly ripened, because in that case the crop is fully developed.
End quote.
Al-Maawardi (may Allah have mercy on him) said:
With regard to the zakaah on grains, it becomes obligatory when they become dry, hard, strong and been harvested. The zakaah should be paid after they have been threshed and sifted, when only the grain is left.
Al-Haawi al-Kabeer, 3/243
Ibn Qudaamah (may Allah have mercy on him) said:
The time when zakaah becomes due on grains is when they become hard, and in the case of crops is when they have visibly ripened.
Ibn Abi Moosa said: Zakaah becomes due on grains on the day of harvest, because Allah says (interpretation of the meaning):“but pay the due thereof (its Zakat) on the day of its harvest” [al-An ‘am 6:141].
To sum up: if he disposed of the crop or grains before zakaah became due, then he does not have to do anything, because he disposed of it before it became due. This is similar to the case if he had eaten or sold his livestock before zakaah became due on it. But if he disposed of it after zakaah became due on it, then zakaah is not waived, as would also be the case if he had done that with the livestock. According to both scholarly views, zakaah does not definitely become obligatory until the crops are in the basket and the grains are on the threshing floor. If they are destroyed before that, not by his actions or due to any negligence on his part, then he does not have to give zakaah.
Al-Mughni, 2/300
Based on that, if a person cuts a crop on which zakaah is ordinarily due in order to use it as animal feed, for example, he does not have to give zakaah on what he cut, because what he cut was not the grain or crop on which zakaah is due. What is left of hard (i.e., fully developed) grains should be examined, and if it reaches the minimum threshold (nisaab) then zakaah is due on it, otherwise it is not.
It is not permissible for the one who has grains to deliberately cut them before they are fully developed with the aim of evading zakaah, otherwise he is sinning, and some scholars regard it as obligatory for him to pay zakaah in this case.
Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allah have mercy on him) said:
In our opinion there are two conditions:
1. That the minimum threshold (nisaab) be reached
2. That this amount should be in his possession at the time when zakaah becomes due
The words “when the grain becomes hard (i.e., fully developed) and the crop becomes visibly ripe, zakaah becomes due” – he previously stipulated that the minimum amount should be in his possession at the time when zakaah becomes due.
The time when it becomes due is when the grain becomes hard, i.e., when it becomes strong and fully formed, and does not yield if pressed (i.e. it is not soft).
The crop becoming visibly ripe, with regard to the fruit of a date palm, is when it turns red or yellow; with regard to grapes, it is when they soften up and become sweet. In other words, instead of being hard they become soft, and instead of being sour they become sweet.
When the grain is hard and the crop is visibly ripe, zakaah becomes due; before that it is not due.
In addition to that we could also say: if it is destroyed – even by his own actions – such as if the grain is harvested before it becomes hard (fully developed), or the crop was cut before it ripened, then no zakaah is due on them, because that happened before zakaah became due. But they said that if he did that in order to evade zakaah, it is still obligatory for him, as a punishment that fits his crime and because everyone who uses tricks to evade some duty, that duty becomes binding on him.
Ash-Sharh al-Mumti‘ ‘ala Zaad al-Mustaqni‘, 6/75-80
To sum up:
If this farmer cut the grain before it became hard (i.e., fully-formed), then he does not have to pay any zakaah. He does have to pay zakaah if the grain was hard and fully-formed, if what was harvested reached the minimum threshold (nisaab).
And Allah knows best.




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