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Wednesday, October 29, 2014

Pilgrimage, & Dought & clear, - * He cannot shave his head or cut his hair during ‘umrah because his head is very sensitive; whatshould he do?



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My head is very sensitive and I have shaved my hair off completely. I am going to do ‘umrah in sha Allah; what should I do about shaving my head? Please note that I cannot shave my head and I cannot cut my hair. If I shave my head, the sensitivity will come back.
Praise be to Allah.
Shaving the head or cutting the hair is one of the obligatory parts of ‘umrah for men; a man cannot exit ihram unless he does it. If a person omits one of the obligatory parts of ‘umrah, he must do it if there is still enough time and he is able to do it. If he is not able to do it or he misses the time for it, then if he had an excuse there is no sin on him, and he has to offer the fidyah. If he did not have any excuse, then he has sinned and he has to repent and offer the fidyah. The fidyah is a sheep that is fit to be offered as an udhiyah (sacrifice), or one seventh of a camel or one seventh of a cow, which is to be slaughtered in Makkah and the meat distributed to the poor of the Haram; he should not eat any of it.
The scholars of the Standing Committee said:
If a person omits any of the obligatory parts of Hajj or ‘Umrah, he must offer a sacrifice. The sacrifice may be one seventh of a camel, one seventh of a cow or a sheep that is fit to be offered as an udhiyah (sacrifice). It is to be slaughtered in Makkah and the meat distributed to the poor of the Haram.
End quote fromFataawa al-Lajnah(11/342).
Shaykh Ibn ‘Uthaymeen was asked about a man who exited ihram for ‘umrah after circumambulating the Ka‘bah (tawaaf) and going between as-Safa and al-Marwah (sa‘i), and he did not shave his head or cut his hair, then he entered ihram for Hajj. What does he have to do?
He replied:
What appears to be the case is that his tamattu‘ Hajj is not invalidated and is still valid, but he has to offer a fidyah (ransom) for failing to shave his head or cut his hair, based on the well-known view among the fuqaha’ that the one who omits an obligatory part of the rituals must offer a fidyah for that.
End quote fromLiqa’ al-Baab al-Maftooh(5/4). This applies if he has some hair on his head that he can pass the razor over and shave it, as he mentioned in the question that he had shaved it.
But if he went to ‘umrah having already shaved his head just prior to that, and there was nothing left on his head to be shaved, then he does not have to shave his head or offer a fidyah; rather when he finished his sa‘i his ihram ended, and he does not have to do anything further.
And Allah knows best.





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Pilgrimage, & Dought & clear, - * Is it permissible forhim to take a secured loan, pledging gold as collateral, inorder to obtainmoney so that he and his wifecan go for Hajj?



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I got married recently, and my wife and I want to go and perform the obligatory Hajj before we start a family. We have run out of some money, but we still have some of the gold that we received as gifts. We want to take a secured loan, pledging it (the gold) as collateral, in order to obtain money so that we can go for Hajj.
Is it permissible to do Hajj in this way and with money like this? Or is it better to sell (the gold)?
Is zakaah due on this gold if it is pledged as collateral?
Praise be to Allah.
Firstly:
there is nothing wrong with you doing Hajj with this money that you borrow, so long as you have gold or other wealth which will enable you to pay off the debt if you are not able to pay it off otherwise.
Taking secured loans is permissible according to the Qur’an and Sunnah, and scholarly consensus.
The purpose behind it is to secure the debt and guarantee that the lender will get his rights back from the borrower.
Allah, may He be exalted, says (interpretation of the meaning):
“And if you are on a journey and cannot find a scribe, then let there be a pledge taken (mortgaging); then if one of you entrust the other, let the one who is entrusted discharge his trust (faithfully), and let him be afraid of Allah, his Lord. And conceal not the evidence for he, who hides it, surely his heart is sinful. And Allah is All-Knower of what you do”
[al-Baqarah 2:283].
There is nothing wrong with pledging gold or silver, or other kinds of wealth, as collateral for a secured loan, because of the general meaning of the words “then let there be a pledge taken (mortgaging)”
The scholars of the Standing Committee were asked:
A friend comes to us, who has some gold, and he asks us for some money, so we give him the money and we take the gold in return for that money until he pays off the debt. What is the ruling on that?
The scholars of the committee replied:
Pledging gold as collateral for silver, or silver as collateral for gold, is permissible.
End quote fromFataawa al-Lajnah ad-Daa’imah(13/480)
The scholars of the Standing Committee were also asked:
I have a company that sells electrical equipment by instalments, by way of secured loans. When a customer comes to buy an electrical device for a certain amount, I ask him for collateral of gold equivalent in value to that price, or slightly less than that, which I keep as collateral until he has finished paying off all the instalments required of him during a set period. When the customer has finished paying off those instalments during the period agreed to, I return the collateral to him in full, just as I received it from him. Is what I am doing the correct prescribed way of dealing with secured loans?
They replied:
Your asking those who purchase items from you on credit to give collateral to secure that credit that is similar in value, whether it is gold or anything else, is permissible according to sharee‘ah. (The permissibility of) secured loans is proven in the Qur’an and Sunnah, and by scholarly consensus. The purpose of the collateral is to guarantee the debt with something that it is permissible to sell according to sharee‘ah, so that the debt will be repaid from the collateral or its price, if the borrower is unable to pay off the debt. But you have to take good care of the collateral, because it is a trust that has been placed in your keeping. If the borrower does not pay off the debt that he owes, or he does not sell the collateral in order to pay you back from its price, then the issue of selling the collateral and taking what is owed to you from its price should be referred to the Islamic court.
End quote fromFataawa al-Lajnah ad-Daa’imah(11/140-141)
See the answer to question no. 132648for information on the wisdom behind the permissibility of secured loans.
Secondly:
If the value of this gold that is given as collateral reaches the nisaab (minimum threshold at which zakaah becomes due), or you have other gold which, when added to it, will reach the nisaab, then zakah must be given on it when one full year has passed since it came into your possession. The fact that it is being held as collateral for a debt does not mean that the obligation of giving zakaah on it is waived, because you still have full ownership of it.
And Allah knows best.



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Pilgrimage, & Dought & clear, - * Will the one who does Hajj or ‘Umrah on behalf of another person have the same reward?



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Allah blessed me and enabled me to do ‘umrah twice this year. The first was in Sha‘baan and the second was in Ramadan. But the second time I did it on behalf of my deceased father. Will the reward of ‘umrah in Ramadan be recorded for me?
Praise be to Allah.
The scholars (may Allah have mercy on them differed as to whether the one who does Hajj or ‘Umrah on behalf of another person will have the same reward as the one on whose behalf it is done. There are two views:
-1-
The first view is that the proxy will have a reward like that of the one on whose behalf he does it, so both of them are included in the virtue mentioned in the words of the Prophet (blessings and peace of Allah be upon him): “Whoever performs Hajj and does not commit any obscenity or commit any evil will go back (free of) sin as on the day his mother bore him” and “ ‘Umrah during it – i.e., Ramadan – is equivalent to Hajj.”
Those who held this view quoted as evidence the general meaning of the hadeeths quoted above. They also noted that if “the one who tells others of some good deed will have a reward like that of the one who does it,” as is mentioned in the saheeh hadeeth from the Prophet (blessings and peace of Allah be upon him), then it is more appropriate that the one who does an action on behalf of someone else should also receive the reward in full.
Ibn Hazm (may Allah have mercy on him) said: It was narrated from Dawood that he said: I said to Sa‘eed ibn al-Musayyab: O Abu Muhammad, who will have the reward, the one who performs Hajj or the one on whose behalf he performs Hajj? Sa‘eed said: Allah, may He be exalted, so generous that He will reward both abundantly. Ibn Hazm said: Sa‘eed (may Allah have mercy on him) is right.
End quote fromal-Muhalla(7/61)
Shaykh Muhammad ibn Ibraaheem Aal ash-Shaykh (may Allah have mercy on him) said: The one who does Hajj on behalf of the deceased will have the reward of Hajj if he did that voluntarily (without being paid for it). Abu Dawood said inMasaa’il al-Imam Ahmad, narrating from Imam Ahmad: I heard a man say to Ahmad: I want to do Hajj on behalf of my mother; do you think that I will also have the reward of Hajj? He said: Yes, because you are paying a debt that she owes. End quote. This is the apparent meaning of what was narrated by at-Tabaraani inal-Awsatfrom Abu Hurayrah (may Allah be pleased with him), that the Prophet (blessings and peace of Allah be upon him) said: “Whoever does Hajj on behalf of one who has died, the one who does it will have a reward like that of the one on whose behalf he did Hajj. Whoever gives food to one who is fasting with which to break his fast will have a reward like his, and whoever calls others to do some good deed will have a reward like that of the one who does it.”
End quote fromFataawa ash-Shaykh Muhammad ibn Ibraaheem Aal ash-Shaykh(5/184)
Shaykh al-Albaani (may Allah have mercy on him) classed as da‘eef the hadeeth “Whoever does Hajj on behalf of one who has died, the one who does it will have a reward like that of the one on whose behalf he did Hajj”
Silsilat al-Ahaadeeth ad-Da‘eefah wa’l-Mawdoo‘ah
-2-
The second view is that the virtue or reward mentioned in the hadeeths quoted above applies only to the one on whose behalf it is done; as for the proxy, he will have a reward for his kindness towards his brother in performing the ritual on his behalf, and for whatever acts of worship he does separately from the actions of Hajj, and that he does in the Haram, such as prayer, dhikr and so on.
InFataawa al-Lajnah ad-Daa’imah(11/77-78) it says: Whoever does Hajj or ‘umrah on behalf of another person, whether that is in return for payment or otherwise, the reward of Hajj or ‘Umrah will go to the person on whose behalf he did it, and there is the hope that he will also have a great reward, commensurate with his sincerity and intention to do good. End quote.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked: Will the one who does Hajj on behalf of another person attain the reward mentioned by the Prophet (blessings and peace of Allah be upon him): “Whoever performs Hajj and does not commit any obscenity or commit any evil will go back (free of) sin as on the day his mother bore him”?
He replied: The answer to this question depends on whether this man is doing Hajj on his own behalf or on behalf of someone else. If he is doing Hajj on behalf of someone else and has not yet done Hajj on his own behalf, then he will not attain the reward mentioned by the Prophet (blessings and peace of Allah be upon him), because he is only doing Hajj on behalf of someone else. But in sha Allah, if he intends to benefit his brother and meet his need, then Allah, may He be exalted, will reward him.
End quote fromMajmoo‘ Fataawa ash-Shaykh Ibn ‘Uthaymeen(21/34)
He (may Allah have mercy on him) also said: The reward for deeds having to do with the rituals of Hajj all goes to the one who appointed him as his proxy; as for multiplying the reward for prayers and tawaaf that he does voluntarily outside of the rituals of Hajj, and reading Qur’an, that will go to the one who is doing Hajj and not to the one who appointed him to do it on his behalf.
End quote fromad-Diya’ al-Laami‘ min al-Khutab wa’l-Jawaami‘(2/478)
This issue is one concerning which there is a difference of opinion among the scholars, and the texts concerning it are not quite clear. So to be on the safe side we should say that the issue of reward is something that Allah will decide. The Fatwa Committee issued other fatwas concerning this matter and said: With regard to a man performing Hajj on behalf of another person, and whether that is like his performing Hajj on his own behalf, or is less or more than that in terms of virtue (and reward), that is something that Allah, may He be glorified, will decide.
End quote fromFataawa al-Lajnah ad-Daa’imah(11/100)
And Allah knows best.




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