Zakaath, - Dought&clear, - * Zakaahon grapes

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Are grapes subject to zakaah?.
Praise be to Allaah.
Zakaah is due on grapes if they reach the nisaab, which is five wasqs (i.e., 300 saa’s), because of the report narrated by al-Bukhaari (1405) and Muslim (979) from Abu Sa’eed al-Khudri (may Allaah be pleased with him), that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “There is no zakaah on anything less than five wasqs.”
Half of one-tenth of the grapes should be given if they were irrigated at a cost, such as if they were irrigated by machines. But if they were not irrigated at a cost, such as if they were irrigated by rainfall or rivers, then the full one-tenth must be given.
Al-Nawawi said inal-Majmoo’(5/440): Zakaah is not due on dates and grapes unless their dry weight reaches the nisaab, which is five wasqs.
The Scholars of the Standing Committee for Issuing Fatwas said: If the grapes reach the nisaab, which is five wasqs, then zakaah is due on them, so one half of one tenth should be given on grapes. If he sells them he should pay one half of one tenth of their price. This applies if they were irrigated at a cost, such as if they were irrigated by machines or channels or sprinklers. But if they were not irrigated at a cost, such as if they were irrigated by rainfall or rivers, then the full one-tenth must be paid. End quote.
Fataawa al-Lajnah al-Daa’imah(9/229)
And Allaah knows best.

- PUBLISHERNajimudeeN M

Zakaath, - Dought&clear, - * No zakaah is due on figs

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Is zakaah due on figs?.
Praise be to Allaah.
No zakaah is due on vegetables, such as tomatoes and cucumbers, or on fruits, such as pomegranates, figs, peaches and melons, because they are not measured or stored; but if one deals in them then zakaah should be paid after one year if their value reaches the nisaab, as with all other trade goods.
It was narrated from Abu Sa’eed al-Khudri (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “There is no zakaah due on less than five wasqs of dates or grains.” Narrated by Muslim (979).
The relevant point here is “less than five wasqs”, which indicates that measures are relevant. That which is not measurable is not subject to zakaah.
Ibn Qudaamah said inal-Mughni(2/294): There is no zakaah on other fruits, such as peaches, pears, apples, apricots, figs and walnuts.
Al-Nawawi said inal-Majmoo’(4/435): The texts of al-Shaafa’i and his companions are agreed that there is no zakaah on figs, apples, quince, pomegranates, peaches, walnuts, apricots, bananas, and so on.
The scholars of the Standing Committee for Issuing Fatwas said: Figs are not subject to zakaah, because they are fruits like pomegranates and pears and so on, and they are not things that are measured or stored.
Fataawa al-Lajnah al-Daa’imah(9/233).
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked inFataawa Noor ‘ala al-Darb: Is zakaah due on olives, olive oil, pomegranates, and figs? Because we live in an area where these crops are cultivated widely.
He replied: No zakaah is due on these crops; rather zakaah is due on dates and grapes. As for olives, pomegranates, oranges, apples and citrons, no zakaah is due on any of them. But if a person sells them and gets money for them and it stays with him for a whole year, then he has to pay zakaah, but this is zakaah on money, not fruit. End quote.
This was stated in a fatwa by Shaykh Ibn Baaz (may Allaah have mercy on him) inMajmoo’ al-Fataawa(14/70).
And Allaah knows best.

- PUBLISHERNajimudeeN M

Fasting, - Doupht&clear, - * When is the bleeding following an abortion regarded as nifaas?

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Someon has just had an abortion, is it permissioble for her to fast or does she have to wait a certain period of time?.
Praise be to Allaah.
It is not permissible for a woman who is bleeding following childbirth to fast, and her fast is not valid. She has to make up the days that she missed because of nifaas (post-partum bleeding).
Nifaas is the blood passed by a woman because of childbirth.
But if a woman miscarries (or has an abortion), the blood that she passes is not considered to be nifaas unless the foetus had human features.
Human features do not appear in the foetus before eighty days of pregnancy, because the Prophet (peace and blessings of Allaah be upon him) said: “The creation of any one of you is put together in his mother’s womb for forty days, then he becomes a ‘alaqah(a piece of thick coagulated blood) for a similar period, then he becomes like a chewed piece of flesh for a similar period, then Allaah sends an angel who is enjoined to write down four things, and it is said to him: ‘Write down his deeds, his provision, his lifespan and whether he is doomed for Hell or destined for Paradise. Then the soul is breathed into him.” Narrated by al-Bukhaari, 3208.
This hadeeth indicates that a human being goes through a number of stages during pregnancy.
For forty days he is anutfah(mixed drops of male and female sexual discharge, for the next forty days he is a‘alaqah(a piece of thick coagulated blood), then for forty days he is amudghah(a lump of chewed flesh), then the soul is breathed into him after one hundred and twenty days have passed.
Human features begin to appear at themudghahstage, not before that, because Allaah says (interpretation of the meaning):
“O mankind! If you are in doubt about the Resurrection, then verily, We have created you (i.e. Adam) from dust, then from a Nutfah (mixed drops of male and female sexual discharge, i.e. the offspring of Adam), then from aclot (a piece of thick coagulated blood) then from a little lump of flesh — some formed and some unformed (as in the case of miscarriage) — that We may make (it) clear to you (i.e. to show you Our Power and Ability to do what We will)”
[al-hajj 22:5]
Allaah described themudghahas being formed and unformed. What is meant by formed is that there appear on the embryo traces of how the body will look, such as the head, limbs, etc.
Based on this, if this woman had an abortion, if that happened before eighty days of pregnancy, then the blood she passes is not the blood of nifaas, rather it is istihaadah (non-menstrual bleeding) which does not stop her from praying and fasting, but she has to do wudoo’ for each prayer.
If the abortion took place after the soul was breathed into the foetus – i.e., after one hundred and twenty days of pregnancy – then the blood is definitely nifaas.
If the abortion took place between eighty and one hundred and twenty days, then the embryo should be examined. If it has human features then the blood is nifaas, and if it does not then the blood is istihaadah.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in his essayal-Dima’ al-Tabee’iyyah li’l-Nisa’(The Natural Blood of Women), p. 40:
Nifaas is not established unless the embryo expelled has human features. If she expels a small embryo that has no human features then her bleeding is not nifaas, rather it is bleeding from a vein, so it comes under the same ruling as istihaadah. The earliest at which human features may appear is eighty days from the beginning of pregnancy, but it usually happens at ninety days.
The woman in nifaas has to stop praying and fasting until she becomes pure. When the bleeding stops and she becomes pure, she should do ghusl and pray and fast. If the bleeding lasts for more than forty days, if the additional bleeding coincides with her usual menstrual cycle then it is hayd (menstruation); if it does not coincide with her usual cycle then it is istihaadah, so she should do ghusl and pray and fast, and do everything that women who are taahir (pure) do.
And Allaah knows best.

- PUBLISHERNajimudeeN M