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Sunday, July 20, 2014

Conditions for Zakaah Being Obligatory, - Dought & clear, - * They are owed something by the company and the judge ruled that they should be compensated –do they have to pay zakaah on it?




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I work for a petroleum company and they used to give us dinner, then they stopped doing so. A few years later we were given compensation through the courts for those meals, a cash payment between 5,000 and 20,000 dinars. Do we have to pay zakaah on this money? Does it come under the ruling on a debt that is unlikely to be paid or is it regarded like money that was taken from us and therefore is subject to zakaah?.
Praise be to Allaah.
Zakaah is not due on this money until one year has passed since you acquired it, because one of the conditions of zakaah being obligatory is that the wealth should be in one's full possession, and full possession of this money was not achieved until after you received it; before you received it, possession was not established, you might have received it and you might not have, based on the judge’s decision and whether the company was willing to pay.
The scholars of the Standing Committee were asked about a case where the government delayed paying money to those who were entitled to it for nine years – do they have to pay zakaah on it?
They replied:
If the matter is as described, they should wait for one year starting from the date when they receive it, then they should pay zakaah on it. There is no zakaah due for the past because they did not have full possession of it. End quote.
Fataawa al-Lajnah al-Daa’imah(9/284).
And Allaah knows best.





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Fasting, - Doupht&clear, - * Reasons for which one mayexcused from fasting in Ramadaan




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What are the reasons for which one may be excused from fasting in Ramadaan?
Praise be to Allaah.
One of the ways in which Allaah has made things easy for His slaves is that He has only enjoined fasting upon those who are able to do it, and He has excused those who are unable to fast for a legitimate shar’i reason. The legitimate reasons for which one may be excused from fasting are as follows:
1 – Sickness
Sickness means everything that means that a person is not healthy.
Ibn Qudaamah said: the scholars are agreed that it is permissible for the sick person not to fast in general. The basis of that is the aayah in which Allaah says (interpretation of the meaning):
“but if any of you is ill or on a journey, the same number (should be made up) from other days”[al-Baqarah 2:184]
It was narrated that Salamah ibn al-Akwa’ (may Allaah be pleased with him) said: “When this aayah was revealed –‘And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)’ [al-Baqarah 2:184 – interpretation of the meaning]– those who wanted not to fast could do that, and pay the fidyah (i.e., feed one poor person for each day). That remained the case until the following aayah was revealed, i.e., the verse:
‘And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)’
[al-Baqarah 2:185 – interpretation of the meaning]– so it abrogated it.”
The sick person who fears that fasting may make his sickness worse or that it will slow down his recovery or damage a part of his body, has the option of not fasting, and indeed it is Sunnah for him not to fast and it is makrooh for him to complete his fast, because that may lead to his death. So he has to be cautious and protect himself. Moreover, if the sick person is very ill, that makes it permissible for him not to fast. But if a healthy person fears difficulty or tiredness, it is not permissible for him to break his fast, if all that happens to him when he fasts is that he becomes tired.
2 – Travelling
In order for traveling to result in a concession excusing one from fasting, the following conditions must be met:
a- The journey must be long enough that prayers may be shortened.
b- The traveler must not intend to settle in the place to which he travels.
c- His journey must not be for any sinful purpose, rather it should be for a sound purpose, according to the majority of scholars. That is because being allowed not to fast is a concession and relief that the sinner does not deserve on his journey, because the purpose of his journey is to commit sin – such as one who travels in order to commit banditry, for example.
Cancellation of the concession for traveling:
This concession of traveling is cancelled by two things:
(i) When the traveler returns home and enters his hometown, which is the place where he resides.
(ii) When the traveler decides to stay indefinitely, or for a lengthy period in one place, and the place is fit for settling in. Thus he becomes a resident (or non-traveller), so he should pray his prayers in full and not break his fast in Ramadaan, because the rulings on travel no longer apply to him.
3 – Pregnancy and breastfeeding
The fuqaha’ are agreed that pregnant and breastfeeding women may break their fast in Ramadaan, on the condition that they think there is a risk that they or their children may become ill or more ill, or be harmed or may die. The evidence for this concession in their case is the aayah (interpretation of the meaning:
“and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”[al-Baqarah 2:185]
This does not refer to merely being sick, for the sick person who will not be harmed by fasting is not allowed to break the fast; here sickness is mentioned as a metaphor for any situation where fasting when sick may cause harm. This is what is meant by sickness here. That may be the case in pregnancy and when breastfeeding, so these two cases are included in the concession of breaking the fast. The evidence that women in these cases are allowed not to fast is the hadeeth of Anas ibn Maalik al-Ka’bi (may Allaah be pleased with him), who said that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has relieved the traveler of fasting and half of prayer, and He has relieved the pregnant and breastfeeding woman of fasting.”
4 – Senility and old age
Senility and old age refers to one who is old and has lost his strength, or who is approaching death, so that every day he becomes weaker, until he dies, or who is suffering from a terminal or incurable illness and has no hope of recovery. The evidence that it is prescribed for such people not to fast is the aayah (interpretation of the meaning):
“And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)”[al-Baqarah 2:184]
Ibn ‘Abbaas (may Allaah be pleased with him) said that this aayah has not been abrogated, and it applies to old men and old women who cannot fast, so for each day they should feed one poor person.
5 – Intense hunger and thirst
If a person is overtaken by intense hunger or unbearable thirst, then he should break his fast and eat just as much as he needs to ward off that hunger, then he should refrain from eating for the rest of the day, and make up that fast later on.
The scholars added to intense hunger and thirst the fear of weakness when meeting the enemy, or fearing or expecting an attack, such as when one is surrounded. So if a fighter knows for sure or thinks it most likely that there will be fighting because he is facing the enemy, and he fears that fasting may make him weak when fighting, and he is not traveling, then he may break his fast before fighting.
6 – Compulsion
Compulsion means one person forcing another to do something or not to do something against his will, by means of threats.





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Fasting, - Doupht&clear, - * Ruling on fasting for one who is diabetic, and when is it permissible forhim not to fast?




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I have diabetes typeII wich is NIDM non insuline depend diabetes, I don't use any medicine, I only controll diet and I do litle phisical exercise to keep in right level of my sugar(blood).
I have this decease one year and two monhts. Last Ramadan I fasted some days but I could n't continue do to my low level of sugar(blood). This year I feel good (Alhamdu Lillah)I ONLY feel pain in my brain during fasting!? So my question is, is it my DUTY to fast dispite my desease? Can test my blood during fasting times; "causing blood to come from my fingers"?
Praise be to Allaah.
It is prescribed for sick people not to fast in Ramadaan, if fasting will cause harm or make the sickness worse, or if they need treatment during the day in the form of medicine or pills that must be swallowed, because Allaah says (interpretation of the meaning):
“and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”[al-Baqarah 2:185]
And the Prophet (peace and blessings of Allaah be upon him) said: “Allaah loves people to avail themselves of His concessions (rukhsah) just as He hates them to commit sin.” According to another version, “As He loves His commands to be obeyed.”
With regard to taking blood from veins for testing etc., the correct view is that this does not break the fast, but if it is done often, it is better to leave it until night-time. If it is done during the day then to be on the safe side that day should be made up, because this is akin to cupping.”
(Fatwa of Shaykh Ibn Baaz (may Allaah have mercy on him), fromFataawa Islamiyyah, vol. 2, p. 139)
Sickness is of various kinds:
1 – That which does not affect the fast, such as a light cold or mild headache or toothache, and the like. In this case it is not permissible to break the fast, even though some of the scholars permitted that because of the aayah (interpretation of the meaning):
“and whoever is ill…”[al-Baqarah 2:185]
But we say that this ruling is based on a reason, which is that not fasting is easier. If that is the case, then we would say that not fasting is better, but if fasting does not have an effect on him then it is not permissible to break the fast, and he has to fast.
2 – If fasting is difficult for the sick person, but it does not harm him, then it is makrooh for him to fast and it is Sunnah for him to break his fast.
3 – If fasting is difficult for him and will cause him harm, such as a man who has kidney disease or diabetes and similar cases where fasting will cause harm. In this case fasting is haraam. Hence we may see that some mujtahids and sick people make a mistake when fasting is difficult for them and may harm them, but they refuse to break their fast. We say that they are mistaken because they refuse to accept the kindness of Allaah and the concession that He has given to them, and they are harming themselves, although Allaah says (interpretation of the meaning):
“And do not kill yourselves”[al-Nisa’ 4:29]
al-Sharh al-Mumti’by Shaykh Ibn ‘Uthaymeen, vol. 6, 352-254.





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Fasting, - Doupht&clear, - * Making Up Fasting for a Woman who's Pregnancy, Postpartum, and Breastfeeding Prevented her from Fasting




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I Have started fasting this Ramadaan, but I was unable to make up the fasting for the days I missed last Ramadaan which was due to the post-natal period and what followed it of months of breast feeding the baby. What shall I do and do I have to pay for Kaffaarah (atonement)?
Since you were unable to do so due to the excuse of continuing from the post natal period into that of the breast feeding, then you should fast for the number of days missed at your earliest opportunity. You need not pay for Kaffaarah




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