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Tuesday, July 22, 2014

Menstruation and Post-Natal bleeding, - Dought& clear, - * Is there any nifaas in the case of caesarean birth?




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Is there any nifaas in the case of caesarean birth?.
Praise be to Allaah.
Nifaas is the bleeding that occurs because of childbirth, whether the birth was natural or by Caesarean. In fact if a woman has a miscarriage and delivers a formed foetus – i.e., one in which features such as the head, arm or leg had appeared, which is only after eighty days of pregnancy – the bleeding that occurs because of that is also nifaas.
It says inKashshaaf al-Qinaa‘(1/218): Nifaas is bleeding from the uterus that occurs at the time of birth, or two or three days before it, and after it up to 40 days. The ruling on nifaas is valid and applies even if the miscarriage occurred as a result of deliberate action such as the woman striking herself or taking medicine (to induce an abortion) and so on… if human features can be seen in the (foetus). But if she produces an ‘alaqah (clot of blood) or a mudghah (unformed embryo resembling a piece of chewed flesh), then the rulings on nifaas do not apply. The minimum length of pregnancy at which human features may appear is eighty-one days, but in most cases, according to what was stated by al-Majd, Ibn Tameem, Ibn Hamdaan and others, is three months. End quote.
Nifaas may last for a few days then cease; there is no stipulation that it should continue for forty days.
And Allah knows best.



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Menstruation and Post-Natal bleeding, - Dought& clear, - * She saw menstrual blood after breaking the fast, but she is not sure whether it came before orafter breaking the fast




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One day during Ramadan, shortly after breaking the fast, I saw menstrual blood, but I do not know whether my period began before breaking the fast or after. Do I have to make up the fast of that day or not?
Praise be to Allah.
One of the basic principles of fiqh that were mentioned by the scholars (may Allah have mercy on them) is the principle that every incident is presumed to have begun at the closest time.
What this principle means is that if something happens, and it may have happened at a time that is closer or a time that is further, and there is nothing to suggest which of the two times is most likely, then we assume that it happened that the closer of the two times, because this is the time at which we may be certain that it happened, whereas the other is the subject of some doubt.
One of the applications of this principle is that if a person sees maniy (semen) on his garment, and he knows that it is the result of a wet dream, but he does not remember any wet dream, in that case he may attribute it to the latest time that he slept and repeat any prayer that he offered after that sleep.
This principle was stated by az-Zarkashi in his bookal-Manthoor fi’l-Qawaa‘idand as-Suyooti inal-Ashbaah wa’l-Nadhaa’ir; they also discussed some minor issues connected to it, which you may read in either of the two sources mentioned for further information.
Based on that, if a woman saw menstrual blood and does not know when it began, was it before Maghrib or after, then in this case she should assume that the bleeding began at the closer of the two times. The closer of the two times in your case leads to the conclusion that it began after Maghrib.
It says inal-Mawsoo‘ah al-Fiqhiyyah(26/194): Under this heading comes the idea that was narrated from the fuqaha’: if a woman sees menstrual blood and does not know when it began, she comes under the same ruling as a man who sees maniy (semen) on his garment and does not know when it happened. That is, he has to do ghusl and repeat the prayers from when he last slept. This is the least complicated and the clearest of the scholarly opinions. End quote.
Shaykh Muhammad ibn Saalih al-Mukhtaar ash-Shanqeeti (may Allah preserve him) was asked about a woman who saw some menstrual blood after Maghrib prayer, and she does not know whether it came before Maghrib or after – what is the ruling on her prayer and fasting?
He replied: If she saw the blood and thinks it most likely that it came before Maghrib, then there is no doubt that the fast of that day is invalid and she has to make it up.
But if she thinks it most likely that the blood is fresh and that it happened after Maghrib, then there is no doubt that her fast is valid and she has to pray Maghrib when she becomes pure (i.e., her period ends and she does ghusl); she should make it up and offer that prayer.
But if she is uncertain, then the basic principle according to the scholars (may Allah have mercy on them) is that it should be attributed to the closest time. The basic principle is that the fast remains valid unless there is evidence to prove that it is not valid, and the basic principle is that she has fasted a whole day and has done what is required of her, unless we are certain that there is any evidence to the contrary. So in this case her fast is deemed to be valid. As for the blood, it does not affect that day. On the other hand, if you say that her fast is valid, she has to make up Maghrib, and if you say that her fast is not valid, she does not have to make up Maghrib, so if her fast is valid she has to make up Maghrib, because the time of Maghrib began when she was not menstruating, and her menses began after that, so she has to make up Maghrib, because what matters is the beginning of the time (for Maghrib), not the end.
End quote fromSharh Zaad al-Mustaqni‘by Shaykh ash-Shanqeeti
To sum up: your fast is valid so long as you are not certain that the bleeding started before Maghrib.
And Allah knows best.





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Night Prayer, - Dought & clear, - * If a person prays some of Taraweeh withthe imam then prays Witr and leaves, will it be recorded for him as having prayed qiyaam al-layl?




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In the mosque in the neighbourhood where I live, twenty rak‘ahs of Taraweeh are offered, as well as two rak‘ahs of al-shaf‘ and Witr. Now, as ‘Isha’ prayer will be held very late, we were thinking of praying Witr for those who want to leave the prayer early, and on that basis this group will pray the two rak‘ahs of al-shaf‘ and Witr with the qaari’, then they will leave, and the qaari’ will stay and complete the remaining rak‘ahs. Is it permissible to do that? Will those who are going to pray ten rak‘ahs with the (one) rak‘ah of Witr and then leave take the same reward as those who pray behind the other imam and pray twenty-three rak‘ahs in all? I hope you can advise us about this issue because we are thinking of implementing it starting next Ramadan, in sha Allah. May Allah reward you with good for this advice.
Praise be to Allaah.
Firstly:
It is proven from the Messenger (blessings and peace of Allah be upon him) that he encouraged praying Taraweeh in congregation and he said: “Whoever stays with the imam until he leaves, (the reward of) qiyaam al-layl will be written for him.”
Narrated and classed as saheeh by al-Tirmidhi (806); also narrated by Abu Dawood (1375), al-Nasaa’i (1605), and Ibn Maajah (1327). Also classed as saheeh by al-Albaani inSaheeh al-Tirmidhi.
This reward will not be attained by anyone but the one who prays with the imam until he has finished all the prayers. The one who only prays some of the prayer and then leaves is not entitled to the reward promised in this hadeeth, which is that of spending a night in prayer (qiyaam laylah).
Shaykh Ibn Baaz (may Allah have mercy on him) was asked:
If a person prays in Ramadan with someone who prays twenty-three rak‘ahs, but he only prays eleven and does not complete the prayer with the imam, is this action of his in accordance with the Sunnah?
He replied: The Sunnah is to complete the prayer with the imam, even if he prays twenty-three rak ‘ahs, because the Messenger (blessings and peace of Allah be upon him) said: “Whoever stands (in prayer) with the imam until he finishes, Allah will record for him (the reward of) spending a night in prayer.” According to another report: “… The rest of that night.”
It is better for one who is praying behind an imam to stay with him until he finishes, whether he prays eleven rak‘ahs or thirteen or twenty three or whatever. That is preferable, to follow the imam until he finishes. End quote fromMajmoo‘ Fataawa Ibn Baaz, 11/325
Shaykh Ibn Jibreen (may Allah have mercy on him) said:
Praying qiyaam in Ramadan is attained by praying part of the night, such as half of it or one third of it, whether that is by praying eleven rak‘ahs or twenty-three. Qiyaam is attained by praying behind the neighbourhood imam until he finishes, even if he finishes within one hour.
Imam Ahmad used to pray with the imam and not leave until he finished, acting in accordance with the hadeeth. And whoever wants to attain this reward has to pray with the imam until he finishes Witr, whether he prays a little or a lot, and whether the time taken is long or short. End quote.
Fataawa al-Shaykh Ibn Jibreen. 24/9
If two imams pray in the mosque, then Taraweeh prayer is the prayer of both the imams, so the one who wants to attain the reward of spending the night in prayer should not leave until the second imam has completed his prayer and leaves.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked: What about one who prays Taraweeh with the first imam, then leaves and says: I will have (the reward for) praying qiyaam al-layl according to the text of the hadeeth because I started with the imam and finished with him?
He replied: As for his saying, “Whoever stands (in prayer) with the imam until he finishes, Allah will record for him (the reward of) spending a night in prayer”, that is correct.
But if there are two imams in one mosque, is each one of them regarded as independent of the other or is each of them the deputy of the other?
What would seem to be correct is the second understanding – that each of them is the deputy of the other and is complementary to him. Based on this, if two imams pray in the mosque, then these two imams are to be regarded as if they are one imam. So the worshipper should stay until the second imam finishes, because we know that prayer behind the second imam is complementary to prayer behind the first one.
Based on this, what we advise our brothers to do is to follow the imams there in the Haram until they are completely finished. Although some brothers leave when they have prayed eleven rak‘ahs and say that this is the number of rak‘ahs that the Messenger of Allah (blessings and peace of Allah be upon him) prayed, and we agree with them that it is better to follow the number that the Messenger (blessings and peace of Allah be upon him) prayed and no one doubts this, nevertheless I think that there is no reason why the number of rak‘ahs should not be increased. This is not on the basis of turning away from the number chosen by the Prophet (blessings and peace of Allah be upon him), but on the basis that this is part of the goodness that it is prescribed to seek more of.
But the problem is if there are two Witrs in one night, what should the worshipper do?
We say: if you want to pray tahajjud with the second imam, when the first imam prays Witr, do an additional rak‘ahs so that you will be praying two by two, and if you do not want to pray tahajjud at the end of the night, then pray Witr with the first imam, then if it so happens that after that you pray tahajjud, then do another rak‘ah after Witr with the second imam. End quote.
Majmoo‘ Fataawa wa Rasaa’il Ibn ‘Uthaymeen, 13/436
What should be done in this case is that the people of the mosque should agree upon the number of rak‘ahs they will pray each night, which should suit all or most of them, so that there will not be any division among the worshippers and so that none of them will be deprived of reward, which they may be keen to attain were it not for their work.
We ask Allah to accept from us all and help us to obey Him.
And Allah knows best.





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Night Prayer, - Dought & clear, - * Dividing Qiyaam al-layl into two parts during the last ten days of Ramadan




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I hope that you could tell me about the opinions of the scholars with regard to the ruling on dividing Taraweeh prayers in the last ten days of Ramadan into two parts: at the beginning of the night and at the end, as is done in many mosques. Please also mention the evidence if possible.
Praise be to Allaah.
What is mustahabb during the nights of Ramadan is to spend them in qiyaam, prayer and worship, and to single out the last ten nights for extra worship and striving, seeking forgiveness and mercy and seeking Laylat al-Qadr which is better than a thousand months.
Moreover, Taraaweeh prayer is regarded as a kind of Qiyaam al-layl and they call it Taraweeh because people take brief breaks between rak’ahs. Hence the matter is broad in scope, and it is permissible for a person to pray whatever he wants of rak’ahs, at whatever time of the night he wants.
It says inal-Mawsoo’ah al-Fiqhiyyah(34/123):
There is no difference of opinion among the fuqaha’ with regard to it being Sunnah to pray during the nights of Ramadan (Qiyaam al-layl), because the Prophet (blessings and peace of Allah be upon him) said: “Whoever spends the nights of Ramadan in prayer, out of faith and seeking the reward of Allah, his previous sins will be forgiven.”
The fuqaha’ said: Taraweeh is the qiyaam (Qiyaam al-layl) of Ramadan. Hence it is best to spend most of the night in it, because it is Qiyaam al-layl. End quote.
What many imams do nowadays -- especially in the last ten days of Ramadan -- leading the people in Taraweeh prayer immediately after ‘Isha’, then going back to the mosque in the last part of the night to pray qiyaam, is something that is prescribed and it is not forbidden. There is no reason to suggest it is not allowed. What is required is to strive hard in the last ten days according to one's ability. If a person breaks up his night between prayer, resting, sleeping, and reading Qur'aan, then he has done well.
Shaykh ‘Abd-Allaah Abaabateen said, as is narrated inal-Durar al-Saniyyah(4/364):
In response to what some people do of objecting to the one who prays more during the last ten days of Ramadan than he usually did in the first twenty days, on the grounds that this is more than is usual and is ignorance of the Sunnah and the practice of the Sahaabah, Taabi’een and imams of Islam,
We say: There are hadeeths from the Prophet (blessings and peace of Allah be upon him) which encourage praying Qiyaam al-layl during Ramadan, and particularly emphasise it during the last ten days.
Once it becomes clear that there is no specific number of rak’ahs for Taraweeh, and that the time for it according to all scholars is from after the Sunnah of ‘Isha’ until the break of dawn, and that spending the night in worship is a confirmed Sunnah, and that the Prophet (blessings and peace of Allaah be upon him) prayed taraweeh for many nights in congregation, then how can anyone object to the one who prays more during the last ten nights than he did at the beginning of the month? So during the last ten days, he prays at the beginning of the night, as he did at the beginning of the month, or a little, or a lot, without praying Witr, for the sake of those who are weak and want to limit themselves to that; then after that he does more prayers in congregation and calls all of it qiyaam or taraweeh.
Perhaps the one who objects to that is confused by what many of the fuqaha’ say, that it is mustahabb for the imam not to pray more than one includes than one khatmah (reading of the entire Qur’aan), unless the people behind him prefer to do more than that. The reason they gave for not doing more than one khatmah is the hardship that may be caused for the people behind him, not because doing more than that is not prescribed in sharee’ah. So from their wording we may conclude that if people behind him want to do more than one khatmah, that is good, as was clearly stated in the words of the scholars.
As for what many of the common people say, calling what is done at the beginning of the night Taraweeh and the prayers offered after that qiyaam, this is what the uneducated people say. Rather all of it is qiyaam and taraweeh. The qiyaam of Ramadaan is called Taraweeh because they used to have a rest (yastareehoona) after every four rak’ahs because they used to make the prayers lengthy. The reason why some people object to that is that it is contrary to what is customary among the people of their countries and most of the people nowadays; and because of ignorance of the Sunnah and reports and of the practice of the Sahaabah, Taabi’oon and the imams of Islam; and because of what some people think, that our prayer during the last ten days is a kind of salat al-ta’qeeb which was regarded as makrooh by some scholars, but that is not in fact the case, because ta’qeeb is a voluntary prayer offered in congregation after finishing Taraweeh and Witr.
This is how all the fuqaha’ defined ta’qeeb, as a voluntary prayer offered in congregation after finishing Witr immediately after Taraweeh. From these words it is clear that prayer offered in congregation before Witr is not ta’qeeb. End quote.
Shaykh Saalih al-Fawzaan said inIthaaf Ahl al-Eemaan bi Majaalis Shahr Ramadaan:
In the last ten days of Ramadan, the Muslims increase their efforts in worship, following the example of the Prophet (blessings and peace of Allah be upon him) and seeking Laylat al-Qadr which is better than a thousand months. Those who pray twenty-three rak’ahs at the beginning of the month break it up during the last ten days, so they pray ten rak’ahs at the beginning of the night, calling it Taraweeh, and they pray ten at the end of the night, making them lengthy, and following it with three rak’ahs of Witr, which they call qiyaam. This is a variation in naming only. In fact all of it may be called Taraweeh or it may be called qiyaam. As for those who pray eleven or thirteen rak’ahs at the beginning of the month, they add ten rak’ahs to that during the last ten days, which they pray at the end of the night, making it lengthy, making the most of the virtue of the last ten days and increasing their efforts to do good. They have a precedent among the Sahaabah and others who prayed twenty-three rak’ahs, as stated above. Thus they combine the two opinions: the opinion which favours offering thirteen rak’ahs during the first twenty days and the opinion which favours offering twenty-three during the last ten days.
And Allah knows best.




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