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Wednesday, December 12, 2012

Dought & clear - Which should he give priority to – ‘Umrah or paying off his debt?

I would like to perform 'Umra. I vowed hat if my salary increases I
will perform 'Umra. But I have debts to pay off. Is it permissible if
I go for 'Umra now, or must I wait until my debt is paid? May Allah
reward you!.
Praise be to Allaah.
The rights of other people take precedence over the obligation to
perform Hajj and 'Umrah, so it is not permissible for a Muslim to go
for Hajj or 'Umrah if there is someone asking for repayment of a loan
that he took from him. This is because Islam places a great emphasis
on protecting people's rights and is keen for the spirit of love and
friendship to remain among them, so that none of them will consume the
wealth of others or transgress against them.
Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) was asked the
following question:
I owe money to a number of people. Can I go to Makkah to fast there
with my children, noting that I will be ableto share the cost of rent
with my children?
His answer was as follows:
I will ask you a question:is charity better, or the zakaah that is
obligatory? Zakaah is better.
Is a voluntary act better, or an obligatory one? The obligatory one is better.
Is it logical to start with the obligatory action before the voluntary
one, or vice versa? Reason dictates that I should start with the
obligatory action before the voluntary one. So it is not permissible
for a person to go to Makkah to do a voluntary 'Umrahwhen he is in
debt. A debt must be paid off, but is a voluntary 'Umrahobligatory? No
it is not. Even the obligatory Hajj is waived in the event ofdebt.
Religion is not based on emotions. Even the duty that Allaah has
enjoined upon His slaves, which is to go on Hajj to the Ka'bah and to
do 'Umrah, if a person is in debt, it is waived in his case, and he
will meet his Lord without sin. If a man is in debt and he does not do
Hajj and it issaid that he has not done the obligatory duty, we say
that the words "has not done theobligatory duty" are mistaken. Why is
this a mistake? Because there was no obligation upon him, and there is
no obligation upon him until now. Hajj is only anobligation for the
one who is free of debt.
Hence we say to this brother: Don't be hard on yourself, keep your
money, stay in your country, and save the money in order to pay off
your debt. Do not be like the one who built a castle and destroyed a
country.
We think that this brother has to stay in hisown country.
Yes, if it so happens that someone offers him money to cover all the
expenses and he says Do not give me even a single dirham – in that
case we say: If his travelling for 'Umrah willnot affect his work
through which he earns money, then he should go, because in this case
will it affect his creditor or not? No it will not.
If someone says to him, I know that you owe ten thousand riyals, and I
know that debt must be given precedence over voluntary acts of
worship, but come with me, you and your family,for free, there and
back – can he go with him? In this case we say: If he has a job and
his absence from work will cause him a loss in salary, then he should
not go. But if he does not have a job, and going with him will not
affect anything, then there is nothing wrong with him going with him.
It makes no difference whether the debt is due now or later. But if it
is deferred, and he knows that when the time comes he will be able to
pay it off, then it does not matter, like a man who owes money that is
due in two months time, for example, and he knows that when the time
comes he will be able to pay it off – in that case we say: Go, because
staying in his country will not make a difference to the creditor. End
quote.
Al-Liqa' al-Shahri (no. 33,question no. 4)
This has been discussed previously on our website in the answer
toquestion no. 11771 , 36868 and 36852 .
What you must do is wait until you have paid off the entire debt.
Then if what you did was a vow, you must fulfil it, because it is
obligatory to fulfil a vowto do an act of worship.
But it was merely an intention to do 'Umrah out of gratitude to
Allaah, without making avow, then in that case it is mustahabb to
fulfil thepromise to do 'Umrah, which is one of the greatest acts of
worship by means of which the Muslims draw close to their Lord.
And Allaah knows best.

Dought & clear - Should he issue papers for someone to show that he owns neglected land that belongs to the state?

There is some neglected land in a place that is remote from the city
that belongs to the state but no one is using it. Is it permissible to
issue papers showing that thisland belongs to some person so that he
can sell it and benefit from it?.
Praise be to Allaah.
Land that has no owner and does not serve and purpose– such as
watercourses, places where firewood is gathered, grazing land and
public amenities – may be taken possessionof by reviving it,
becausethe Prophet (blessings and peace of Allah be upon him) said:
"Whoever revives disused land, it becomes his." Narrated by Abu Dawood
(3073) and at-Tirmidhi (1378); classed as hasan by al-Haafiz Ibn Hajar
in Buloogh al-Maraam (897); he also mentionedother isnaads for this
hadeeth in al-Fath (5/19), then he said: There is some weakness in its
isnaads, but they strengthen one another. See also Irwa' al-Ghaleel
(5/553).
Reviving land may be done by building fences around it, digging a
wellin it and extracting water from it, or diverting a stream of water
to it.
It says in Zaad al-Mustaqni': The one who encloses disused land, or
digs a well in it and finds water, or brings water to it from aspring,
and the like, or diverts water away fromit in order to cultivate it,
has revived it. End quote. See also ash-Sharh al-Mumti' (10/329). If
this person has revived the land in the manner referred to above, it
is permissible to issue papers to him sothat he might take possession
of it.
But if he has not revived it, it is not permissible todo that, because
that involves lying, bearing false witness and consuming wealth
unlawfully.

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And Allah Knows the Best!

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Published by :->
M NajimudeeN Bsc- INDIA

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Dought & clear - Should he issue papers for someone to show that he owns neglected land that belongs to the state?

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And Allah Knows the Best!

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Published by :->
M NajimudeeN Bsc- INDIA

¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤ ¤

What would you do in the following case?

During a battle in the way of Allah (swt), sayyedina Ali, found
himself face to face with a kafir who attacked him violently. They
were both brave and powerful men, but the kafir was no match for
sayyedina Ali, who soon was sitting astride his chest, ready to finish
him off.
"I invite you to bear witness that there is no god except Allah, and
Muhammad is the Messenger of Allah," saidAli. "Accept Islam, and your
life will be spared."
"Never!" panted the kafir.
Sayyidina Ali lifted his sword and was just about to plunge it into
his enemy, when the kafir spat defiantly in hisface.
Much to the kafir's surprise, sayyidina Ali immediately jumped away
from his enemy and lowered his sword.
"Go away!" said sayyidina Ali, "I cannot kill you now."
"Why did you do that?" asked the kafir. "You could have killed me easily."
"I was fighting you purely in the way of Allah," replied Ali, "but
when you spat in my face, your insult made me angry and if I had
killed you in anger, it would have taken me to the Hell Fire - so I
had nochoice but to let you go. To kill someone in angeror out of
desire for revenge is not bravery, but the act of a coward."
On hearing this, the kafirwas so impressed by sayyidina Ali's
sincerity and self-control that he embraced Islam on the spot: "I bear
witness thatthere is no god but Allah," he said, "and I bear witness
that Muhammad is the Messenger of Allah"
May Allah give us sincerity and clean our hearts.