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Saturday, July 5, 2014

Zakaath, - Dought&clear, - If the land does not sell, is zakaah due on it?




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I have bought some land, intending to sell it when its value increases. But its value decreased and it did not sell, it remained in my possession for 10 years and its value did not increase, should I pay Zakah on it?.
Praise be to Allaah.
Land that is bought with the intention of selling it after a while when prices have increased is subject to zakaah, because it comes under the heading of trade goods.
The value of trade goods should be worked out at the end of the year based on the current market price, regardless of the price for which they were bought, and zakaah must be paid. The rate of zakaah is one quarter of one tenth.
See the answer to question no. 38886.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: I have a piece of land and I am waiting for the prices of land to go up so that I can sell it, and it has been several years. Should I pay zakaah on it?
He replied: If a person buys land to make a profit then the land does not sell and becomes cheaper, and he keeps it until the price goes up, then he must pay zakaah on it every year, because it comes under the heading of trade goods. If he does not have anything with which to pay the zakaah, and he cannot find a buyer, then he should work out its price at the time when zakaah becomes obligatory and work out its zakaah, and in the following year he should work out the zakaah on its value, then in the third year and so on. Then whenever he sells it he should pay the total amount of zakaah that he had calculated. End quote.
Majmoo’ al-Fataawa(18/225).
He was also asked about a person who bought some land with the aim of trading in it, but it remained in his possession for a number of years. Does he have to pay zakaah on it?
He replied: If a person buys land for trading, then he has to pay zakaah every year, whether the value increases or decreases, and whether it sells quickly or it does not sell. He should work out its value every year at the current market price, then if he has money he should pay its zakaah from the money that he has, and if he does not have any money he should work out the zakaah for each year, and when he sells it he should pay the zakaah for the past years. End quote fromLiqa’ al-Baab al-Shahri(15/12).
And Allaah knows best.





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Fasting, - Doupht&clear, - She has fibroids and bleeds all month; how should she pray and fast?




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My mother is fifty-one years old; she has fibroids and suffers from bleeding throughout the month. Can she pray and fast, and if so how?.
Praise be to Allaah.
The scholars differed concerning menopause in women. Some of them said that it occurs at the age of fifty years or sixty years; the correct view is that there is no limit to it and it may vary from one woman to another.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
Women vary; some reach menopause at an early age, and some continue menstruating until after the age of sixty or seventy. If a woman sees menses then she is a menstruating woman, no matter what her situation is, because Allah, may He be blessed and exalted, says (interpretation of the meaning):“And those of your women as have passed the age of monthly courses” [al-Talaaq 65:4], and He did not mention any particular age. So menopause differs from one woman to another.
To sum up, menses is, as Allah described it, anadha(harm, illness, painful condition). When this bleeding occurs, she has to do what is required. End quote.
Fataawa Noor ‘ala al-Darbby Ibn ‘Uthaymeen, 12/123
Based on that, if your mother had reached the stage of menopause and stopped menstruating, then developed this problem, the blood is not menses, so she should wash the blood away, wear a pad and do wudoo’ for each prayer.
If that happened to her before she reached the stage of menopause, then she has to work out the days of her usual period each month, then stop praying at that time. Then when that time ends, she should do ghusl and start praying again, even if she is bleeding, because it is not deemed to be menstrual blood.
The scholars of the Standing Committee for Issuing Fatwas said:
If a woman experiences continuous bleeding, when she wants to pray, she should wash her private parts, then put a pad so as to prevent leaks; then she should do wudoo’ and pray. She should do that at the time of each prayer, because the Prophet (blessings and peace of Allah be upon him) said to the woman who was experiencing istihaadah (irregular vaginal bleeding): “Do wudoo’ at the time of each prayer.” End quote.
Fataawa al-Lajnah al-Daa’imah, 4/259
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked about a woman who reached the age of fifty-six, whose menstrual period had become irregular since the age of fifty. She would bleed two or three times a month, lasting for up to nine days, with blood like menstrual blood. In between the bleeding, she did not see any tuhr (white discharge indicating the end of menses) or complete dryness. Every time she started bleeding, she would stop fasting and praying. During this time, it was discovered that she had a growth in her uterus, and the doctor said that it was causing the bleeding. What should this woman do with regard to prayer, fasting and marital relations. What is the ruling on the past six years?
He replied: If the doctors have determined that the bleeding is due to sickness, then she is pure (taahir) and should pray and fast. If that is not the case then she comes under the ruling on istihaadah; she should stop praying and fasting for the length of her previous period each month, then she should pray and fast even if she is bleeding, and she may have marital relations with her husband. With regard to what is past, she does not have to do anything, because the Prophet (blessings and peace of Allah be upon him) did not instruct women who suffered istihaadah to repeat previous prayers. End quote.
Thamaraat al-Tadween, p. 25
And Allah knows best.





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Fasting, - Doupht&clear, - Her nifaas (post-partum bleeding) came back when she was fasting




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If a woman’s nifaas stops after one week of giving birth and she starts fasting with Muslims during Ramadaan then the bleeding reoccurs, should she break her fast in this case? Does she have to make up the days she fasted and the days she did not fast?.
Praise be to Allaah.
If the woman who is bleeding in nifaas becomes pure (i.e., the bleeding stops) within forty days and she fasts for a few days, then the bleeding comes back within forty days, then her fast is valid, but she has to stop praying and fasting during the days on which the bleeding comes back – because it is (still) nifaas – until she becomes pure or the forty days end. When forty days have ended, she has to do ghusl, even if she has not seen the tuhr (white discharge signalling the end of menses or nifaas), because forty days marks the end of nifaas according to the more sound of the two scholarly opinions. After that, she has to do wudoo’ at the time of every prayer, until the bleeding stops, as the Prophet (peace and blessings of Allaah be upon him) instructed the woman who was suffering from istihaadah (non-menstrual vaginal bleeding). And her husband may be intimate with her after forty days, even if she has not seen the tuhr, because the bleeding in this case is irregular bleeding which does not prevent her from praying and fasting, and does not prevent her husband from being intimate with his wife.
But if the bleeding after forty days coincides with the usual time of her menses, then she should stop praying and fasting and regard it as menses. And Allaah is the Source of Strength.





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Fasting, - Doupht&clear, - Can he work at night and not fast by day because of taking medicine?




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I am twenty-seven years old and I have been suffering a chronic nervous disease for six years. I was unable to work and my father was the one who has been taking care of buying the medicines, which are very expensive. I looked for work but I could not find anything except working as a security guard at night, from 6 PM to 6 AM, so that I could help in buying the medicines. I consulted my doctor and he advised me to take the medicine during the day in three doses instead of at night, because it causes sleepiness. This year I want to fast the month of Ramadan, so I am asking you to please advise me of the best way and is fasting obligatory for me?
Praise be to Allah.
Firstly:
We ask Allah the Almighty, Lord of the Mighty Throne, to grant you a speedy recovery.
Secondly:
It is permissible for the one who is sick to not fast during the day in Ramadan, then when Allah heals him, he must make up the days when he did not fast, because Allah, may He be exalted, 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. Allah intends for you ease, and He does not want to make things difficult for you”
[al-Baqarah 2:185].
Thirdly:
First of all you should try to look for work during the day that is compatible with your illness, as you have to take the medicine at night. By doing that you will combine both interests. If you cannot find any work except at night, and you are not able to take the medicine then because it makes you sleepy, there is nothing wrong with you working at night and taking the medicine during the day, and this will be an excuse for you not to fast.
If it is possible for you to leave the job, even if that is during the month of Ramadan, and then resume after Ramadan, that is better, so long as it will not result in negative consequences for you, such as being dismissed from your job. See the answer to question no. 65871
Al-‘Allaamah al-Haytami (may Allah have mercy on him) said: It is permissible not to do it (i.e., fasting) in the case of work such as harvesting or building for himself or for someone else, voluntarily or in return for payment, if it is not possible to work at night and if fasting could affect his ability to earn a living that he cannot do without. In that case, it appears that he may break the fast, but only as much as is necessary.
End quote fromTuhfat al-Muhtaaj, 3/430
In other words, it is permissible to break the fast for the one whose ability to earn al iving that he cannot do without will be affected. But his breaking of the fast should only be as much as is necessary. Based on that, there is no sin on you for breaking the fast if you are not able to leave your job, even if that is only for Ramadan.
If there is a hope of recovery from this sickness, then you have to make up the missed fasts when you are able to do so.
If the sickness will remain with you, according to the doctor’s opinions, then you do not have to make up the fasts, but you have to feed one poor person for each day you do not fast.
And Allah knows best.




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