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Tuesday, July 15, 2014

Conditions for Zakaah Being Obligatory, - Dought & clear, - * Is zakaah waivedbecause of having to offerexpiation (kafaarah)?




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If a person has to offer expiation for manslaughter or accidental killing (which is to free a slave), is zakaah on his wealth waived in return for freeing the slave or does he have to pay zakaah on all his wealth?.
Praise be to Allaah.
Firstly:
What is required of the one who possesses wealth that is subject to zakaah is to pay zakaah on it when one year has passed since he acquired it, even if he owes a debt, according to the more correct of the two scholarly opinions. Debt should not be deducted from the total amount of wealth on which he is paying zakaah, and it makes no difference whether the time paying the debt is deferred or it is due at present. Please see the answer the questions 22426and 106434.
Secondly:
Once it is established that debt does not mean that zakaah is waived, then there is no difference between a debt that is owed to Allah, may He be exalted, such as zakaah, expiation and vows, and debts that are owed to other people.
It says inMughni al-Muhtaaj(2/125): Debt does not mean that [zakaah] is waived, whether it is presently due or not, whether it is of the same type of wealth or not, or whether it is due to Allah, such as zakaah, expiation and vows, or not, according to the most correct opinion and because of the general meaning of the evidence for zakaah being obligatory. End quote.
And Allah knows best.



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Conditions for Zakaah Being Obligatory, - Dought & clear, - * He is travelling -- can he delegate someone to pay zakaah on his behalf at home or should he wait until he gets back?




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I have migrated from my homeland and I have wealth back home for which one hijri year has passed. Is it permissible for me to delegate someone in my home country to pay zakaah on my wealth, or should I wait until I go back home and pay it myself?.
Praise be to Allaah.
If zakaah is due from a Muslim, he has to pay it immediately and it is not permissible for him to delay it, except for one who has an excuse. Al-Nawawi (may Allah have mercy on him) said: It is obligatory to pay zakaah immediately, when it becomes due, if it is possible to pay it, and it is not permissible to delay it. This is the view of Maalik, Ahmad and the majority of scholars, because Allah says (interpretation of the meaning):“and give Zakaah” [al-Baqarah 2:43], and the command implies that it should be done immediately. End quote fromal-Majmoo‘, 5/308
InTuhfat al-Muhtaaj(3/334), it says concerning the traveller who is far away from his wealth: It seems that he has to delegate someone immediately to pay the zakaah in the land where the wealth is. End quote.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked:
I own some cattle in Egypt; should I pay zakaah on them when I am in another country, or should I wait until I go back to my country?
He replied: No, you have to pay zakaah every time one year passes, so you should delegate someone to pay it there in Egypt. Delegating someone to pay zakaah is permissible, because the Prophet (blessings and peace of Allah be upon him) used to send out workers to collect the zakaah, so they would take it from the people and bring it to the Messenger of Allah (blessings and peace of Allah be upon him). And it is proven that he (blessings and peace of Allah be upon him) also delegated ‘Ali ibn Abi Taalib (may Allah be pleased with him) to slaughter what remained of his sacrificial animals during the Farewell Pilgrimage.
So delegate someone whom you trust in Egypt to pay the zakaah on this livestock; it is not permissible for you to delay it until you go back, because that delay means depriving the people who are entitled to it of it at the time it is due, and you do not know, perhaps you may die before you go back to Egypt and your heirs may not pay the zakaah on your behalf, in which case you would still be liable for that zakaah. So hasten to pay your zakaah, may Allah bless you, and do not delay it.
End quote fromMajmoo‘ Fataawa Ibn ‘Uthaymeen, 18/316
Based on that, you have to delegate someone to pay zakaah on your behalf in your homeland, and you do not have the right to delay it until you go back.




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Fasting, - Doupht&clear, - * Her period comes twice a month – should she stop praying and fasting each time?




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I have some health problems and my period comes twice each month, and lasts for seven to ten days each time. How should I fast in Ramadaan, and how should I pray?.
Praise be to Allaah.
The ruling depends on the reason for it; if the reason is present, the ruling applies. If there is menstrual blood which is known by its characteristics and colour, then the woman must follow the rulings on menstruation, and prayer, fasting and intercourse are forbidden at that time, even if it happens more than once in a month and even if it lasts more than the usual number of days each month.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a woman whose period came, then she became pure and did ghusl, then after she had prayed for nine days, she started to bleed again, so she did not pray for three days, then she became pure and prayed for eleven days, then her period came again as usual. Should she repeat the prayers she offered during those three days or should they be regarded as part of her period?
He replied:
When the period comes it is hayd (menstruation) regardless of whether a long time or a short one has passed between it and the previous period. If a woman has her period then becomes pure, then after five days, or six, or ten, her period comes again, she should stop praying because this is hayd. This applies all the time. Every time she becomes pure then her period comes again, she has to stop praying etc. But if she bleeds continually and it only stops for a short while, then she is mustahaadah (one who suffers from istihaadah or non-menstrual vaginal bleeding), and in that case she should only stop praying for the duration of her normal menses.
Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen, 11 Shawwaal 230.
And Allaah knows best.



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Fasting, - Doupht&clear, - * If a pregnant woman feels a bit tired can she break her fast?




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Can a pregnant woman break her fast in Ramadan if she feels a bit tired?.
Praise be to Allaah.
It should be noted that not every kind of tiredness or hardship is regarded as an excuse which makes it permissible not to fast in Ramadaan, because fasting is not free of some tiredness and hardship, but in most cases it is a small-scale, ordinary kind of hardship.
Based on this, if a pregnant woman feels a little bit tired, one of the following two scenarios must apply:
1 – when she feels a little tired but it does not cause intense, extraordinary hardship, and she does not fear for herself or her unborn child. In this case she is obliged to fast and it is not permissible for her to break the fast.
2 – when the hardship experienced is severe and she fears that she or her unborn child may be harmed. In this case it is better for her not to fast, and that may be obligatory for her.
See also questions no. 3434and 50005.
The fact that a pregnant woman is permitted not to fast is indicated by the words of the Prophet (peace and blessings of Allaah be upon him): “Allaah has waived half of the prayer and fasting from the traveller, and from pregnant and breastfeeding women.” Narrated by al-Nasaa’i, 2274; classed as hasan by al-Albaani inSaheeh Sunan al-Nasaa’i.
If a pregnant woman does not fast, then she is obliged to make up the days when she did not fast. Does she also have to feed poor people for the days when she did not fast because she feared for her unborn child? There is a difference of opinion among the fuqaha’ concerning that.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said, when discussing the differences of scholarly opinion concerning what a pregnant woman must do if she does not fast:
The third view is that she has to make up the fasts only and does not have to feed poor people. This is the most correct view in my opinion, because the situation of pregnant and breastfeeding women is no different to that of sick people and travellers, so they have to make up the fasts only.
Fromal-Sharh al-Mumti’, 6/362
And Allaah knows best.





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