Menstruation and Post-Natal bleeding, - Dought& clear, - * She thought that the bleeding that results from an abortion was nifaas so she broke her fast

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One day in Ramadaan I went to the hospital to abort a pregnancy that had lasted less than three months. I took some medicine, and after the abortion I ate some food because I thought that it was permissible for me to eat. But after I went back home I researched on the internet and I found out that I should have fasted and prayed, because that bleeding was irregular bleeding. So I made up the day I had missed after Ramadaan ended. Is what I did sufficient or what do I have to do?.
Praise be to Allaah.
Firstly:
We have explained the ruling on deliberate abortion in the answer to question no. 42321, please refer to it. We have also explained the rulings on loss of the foetus at various stages of pregnancy in the answer to question no. 12475.
Secondly:
If a woman miscarries a foetus and it has no discernible human features, such as a head or limbs, then the bleeding that accompanies that is irregular bleeding, which does not stop her from praying and fasting. If there are discernible human features, then the bleeding is nifaas. The minimum period in which human features appear is eighty-one days, as is stated in the answer to question no. 37784.
Thirdly:
If you broke your fast because you thought that the bleeding was nifaas, then you found out that it was irregular bleeding and you made up the day you missed and the prayers, then you do not have to do anything lese. If you have not made up the prayers of that day, then hasten to do so.
May Allaah help us and you to obey Him and seek His pleasure.
And Allaah knows best.

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Menstruation and Post-Natal bleeding, - Dought& clear, - * If her period comes when she is junub, should she still do ghusl for janaabah?

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How should a woman purify herself from janaabah when she is menstruating? If she purifies herself from janaabah when she is menstruating, should she do wudoo’ and take three handfuls of water then wash her right side then her left side? Or should she just wash herself without doing wudoo’ because she is also menstruating? Is she cleansed of janaabah and is only menstruating, or what?.
Praise be to Allaah.
If a menstruating woman becomes junub, or she is junub and her period begins, it is prescribed for her to do ghusl to cleanse herself from janaabah. The point here is that she will then be able to recite Qur’aan without touching the Mus-haf, because the one who is junub is not allowed to touch the Qur’aan, unlike one who is menstruating. See question no. 2564and 60213.
The way in which this ghusl is done, as in all other cases prescribed by sharee’ah, is to start by washing the parts of the body that are washed in wudoo’, then pour three handfuls of water over the head, then wash the right side then the left, then pour water over the whole of the body. Thus janaabah is removed but menstruation remains.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni(1/134): If she does ghusl from janaabah at the time when she is menstruating, her ghusl is valid and the ruling on janaabah no longer applies to her. This was stated by Ahmad who said: The janaabah is removed but the menses is not, until the flow of blood ceases. He said: I do not know of anyone who said that she does not have to do ghusl except ‘Ata’, but it was also narrated that he said that she should do ghusl. End quote.
And Allaah knows best.

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Menstruation and Post-Natal bleeding, - Dought& clear, - * Types of Istihaadah

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If a woman bleeds so much that it is istihaadah (non-menstrual vaginal bleeding), how should she pray?.
Praise be to Allaah.
Istihaadah means three things:
1 – The woman had a regular period before she experienced istihaadah. In this case she should refer to the regular period that she used to have, and during that time she should stop praying and she is subject to the rulings on menses, and anything other than that is istihaadah, and she is subject to the rulings on istihaadah at that time.
For example: A woman used to get her period for 6 days at the beginning of each month, then she began to experience istihaadah and she bleeds all the time. So her period is the first six days of every month, and everything else is istihaadah, because of the hadeeth of ‘Aa’ishah (may Allaah be pleased with her) according to which Faatimah bint Abi Hubaysh said: O Messenger of Allaah, I am experiencing istihaadah and I never become pure; should I stop praying? He said: “No, that is a vein. But stop praying for the number of days that you used to menstruate, then do ghusl and pray.” Narrated by al-Bukhaari. InSaheeh Muslimit says that the Prophet (peace and blessings of Allaah be upon him) said to Umm Habeebah: “Stop praying for the number of days that your menses used to last, then do ghusl and pray.” Based on this, the woman who is experiencing istihaadah should stop praying for the number of days that her period used to last, then she should do ghusl and pray, and not worry about the bleeding at that time.
2 – If she did not have a regular period before the istihaadah, rather she has been experiencing istihaadah since the first time she got her menses, then she should distinguish between different types of blood. Her menses is when the blood is dark or thick or has a distinctive odour, and she is subject to the rulings on menses at that time. Anything other than that is istihaadah and she comes under the rulings on istihaadah.
For example: A woman sees blood when she first starts to menstruate, and it is continuous, but for ten days it is dark and the rest of the time it is red. Or she sees that it is thick for ten days and thin for the rest of the time. Or she notices that for ten days it has the odour of menstrual blood and for the rest of the time it has no odour. So her menses is the dark blood in the first case, the thick blood in the second and the blood that has an odour in the third. Everything apart from that is istihaadah, because the Prophet (peace and blessings of Allaah be upon him) said to Faatimah bint Abi Hubaysh: “When it is menstrual blood it is dark and recognizable, so when it is like that, then stop praying, and when it is otherwise, do wudoo’ and pray, for that is from a vein.” Narrated by Abu Dawood and al-Nasaa’i; classed as saheeh by Ibn Hibbaan and al-Haakim. Although the isnaad and text of this hadeeth are subject to further discussion, the scholars (may Allaah have mercy on them) followed it, and that is better than trying to make her follow the pattern of the majority of women.
3 – If she does not have a regular period and cannot distinguish it properly because the istihaadah is ongoing from the first time she saw the blood, and her blood is all the same or its characteristics are varied but it cannot be menstrual blood. This woman should act on the basis of what is the usual pattern among women, so her menses is six or seven days each month, and she should start from the first time when she saw blood; everything apart from that is istihaadah.
For example: if the first time she saw blood was on the fifth of the month, and it continued with no change to distinguish menstrual bleeding by colour etc, then her period is six or seven days of each month starting from the fifth of the month, because of the hadeeth of Hamnah bint Jahsh (may Allaah be pleased with her) who said: “O Messenger of Allaah, I bleed a great deal all the time. What do you think – should I stop praying and fasting?” He said: “I suggest you use a piece of cotton, for it will absorb the blood.” She said: It is more than that. In this report he said: “That is a kick from the shaytaan, so count your menses as six or seven days, which is something between you and Allaah, then wash yourself and when you see that you have become pure and you are certain of it, then pray for twenty-four or twenty-three days, and fast.” This hadeeth was narrated by Ahmad and Abu Dawood, and narrated and classed as saheeh by al-Tirmidhi. It was narrated that Ahmad classed it as saheeh and that al-Bukhaari classed it as hasan.
The words of the Prophet (peace and blessings of Allaah be upon him), “six or even days” does not mean that one has the choice, rather it is for the purpose of ijtihaad, so the woman should look at those whose situation is closest to hers in terms of physical resemblance, age and relationship, etc., and see whose cycle most closely resembles hers. If the closest one has a six-day period then she should regard her menses as six days, and if the closest is seven days then she should regards her menses as seven days. End quote.
Risaalah fi’l-Dima’ al-Tabee’iyyah li’l-Nisa’by Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him)
At the time when she decides that the blood is menstrual blood, then she is menstruating, and at the time when she decides that the period has ended, then she is pure and she should pray and fast, and may have intercourse with her husband.

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Pilgrimage, & Dought & clear, - * Tawaaf (circumambulation of the Ka‘bah) when one is uncertain about one’s state of purity

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Is it valid to perform tawaaf al-wadaa‘ (farewell tawaaf) when I am not certain as to whether I am in a state of purity? Praise be to Allah, I performed the obligatory Hajj for the first time this year, but I am not sure about one of the rituals, namely the farewell tawaaf. I did the farewell tawaaf on the Thursday, but I had been sleeping in the Haram since Wednesday. When I went to sleep I was in a state of purity, praise be to Allah, but when I woke up at dawn on Thursday and went to do wudoo’, I was not sure whether I was junub (in a state of major impurity) or not, because a very small amount of maniy (semen) may have come out, but I could not be sure. I could not be certain, hence I checked carefully so that I could be certain, to the extent that I checked the private part itself and not just the garment – I apologise for the expression – and I thought that there was nothing there, but I found there was some semen on my garment, although I am not certain about that either, because it may have been an old mark on the garment. The point is that I did not do ghusl; I only did wudoo’ and I prayed Fajr and did the farewell tawaaf, and I went back to Riyadh, where I work. Is the fact that I did not do ghusl in order to be on the safe side regarded as neglect of my religious duty and bad etiquette towards Allah? Should I have taken a new garment with me to do ghusl after waking up – whether I was junub or not – especially since this often happens to me with regard to janaabah. What is the ruling of the validity of my Hajj?
Praise be to Allah.
Firstly:
Tawaaf without being in a state of purity is a topic concerning which there is a difference of opinion among the fuqaha’. The view of the majority of scholars is that tawaaf without wudoo’ is invalid.
This has been discussed previously in the answer to question no. 34695
Secondly:
What happened in your case of uncertainty as to whether you were junub or not does not affect anything, because you are not certain that semen had come out. The basic principle concerning purity is that it is not rendered invalid unless there is something to prove that.
An-Nawawi (may Allah have mercy on him) said: If a person is certain that he was in a state of purity and is uncertain as to whether it has been rendered invalid, then he is still in a state of purity because certainty cannot be cancelled out by uncertainty.
End quote fromal-Majmoo‘, 1/331
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: If a person is certain that he was in a state of purity, and is uncertain as to whether it has been rendered invalid, then he should proceed on the basis of certainty. This is general in application and has to do with the things that necessitate ghusl or wudoo’.
Then he gave an example and said: A man woke up and noticed some wetness on him, but he did not see an erotic dream and he is not sure whether it is maniy or not? He does not have to do ghusl when he is uncertain.
End quote fromash-Sharh al-Mumti‘, 1/190
Based on that, your tawaaf is valid and there is no blame on you for what you did.

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Pilgrimage, & Dought & clear, - * She tried to work out where tawaaf ended, but she is not sure precisely where the Black Stone is, and she is asking whether her tawaaf was valid

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I visited Makkah in Ramadan and I have some questions that have been on my mind concerning the validity of my ‘umrah, and I hope that you can answer me as quickly as possible, may Allah reward you with good. Please publish my question on your website so that others may benefit.
~1~
The line was removed, hence for this reason and because of the severe crowding, we were unable to figure out exactly where the Black Stone is. Hence I did tawaaf and so on to the best of my ability. Is this action valid?
~2~
My mahram cut my hair after I had performed ‘umrah, but he did not do ‘umrah himself. Is that acceptable?
Praise be to Allah.
Whoever circumambulates the Ka‘bah seven times, from the Black Stone to the Black Stone, his tawaaf is valid, but if he fell short of that, even by one footstep, then his tawaaf is not valid.
An-Nawawi (may Allah have mercy on him) said: If any of the seven circuits remains incomplete, then his tawaaf is not valid, regardless of whether what was omitted was small or great, and whether he is now in Makkah or in his homeland, but he is not obliged to offer a compensatory sacrifice. This is our view and it is the view of the majority of scholars.
End quote fromSharh al-Muhadhdhab(8/29)
Al-Hajjaawi said inaz-Zaad: Whoever omits anything of tawaaf, it is not valid.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:
“Anything” includes even if he omitted one step or one handspan of tawaaf; in that case it is not valid.
End quote fromash-Sharh al-Mumti‘(7/249)
Secondly:
In order for tawaaf to be valid, it is not essential that the individual stand on the line, whether at the beginning or end of tawaaf. Rather if he comes in line with the Black Stone, then goes around seven times from the Black Stone to the Black Stone, then his tawaaf is valid.
Al-Hajjaawi said inZaad al-Mustaqni‘: Then he should come in line with the Black Stone with all of his body.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: I have my reservations about the idea of coming in line with it with all of the body, because it seems that what the Sahaabah (may Allah be pleased with them) did is that when they came in line with it, that was either with the entire body or with the right side of the body or the left side, and the matter is not so strict. But according to the fuqaha’ this is essential. But then there is a problem: how is one to do that precisely? According to the author, the entire body must come in line with the Black Stone. However the correct view is that that is not obligatory and that if he comes in line with it, even if that is only with part of his body, then that is sufficient. This was the view of Shaykh al-Islam, and there is no need to come in line with it with all of the body, although if that is possible then it is undoubtedly preferable.
End quote fromash-Sharh al-Mumti‘.
Based on that, if the matter is as you describe, that you tried hard to figure out where the Black Stone is, and you did the best you could, then it does not appear to be the case that you have to do anything further, so long as you completed seven circuits from the Black Stone to the Black Stone, even if it so happened that you made a slight error at the beginning or end of one of these circuits, so long as you started tawaaf and ended it in line with the Black Stone, to the best of your knowledge.
Thirdly:
With regard to your saying that your mahram cut your hair, there is nothing wrong with that. What is required is cutting the hair after finishing tawaaf and sa‘i. Whoever did that, it is a valid, whether he was in ihram for Hajj or ‘Umrah or not, if he was one of your mahrams.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: If a woman cuts her hair herself, or a man shaves his head himself, or someone who is in ihram shaves it, or someone who is not in ihram shaves it, all of that is acceptable.
End quote fromMajmoo‘ al-Fataawa(22/483).
And Allah knows best.

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Pilgrimage, & Dought & clear, - * Is it proven that all the Prophets (peace be upon them) performed Hajjto the Ka‘bah?

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All praises, thanks, devotions and worship for Allah and only Allah, the one and only God. May the peace and blessings be upon our master Muhammad sal'Allah alayhe wasallam, his family, his offspring, his companions and all those who follow him till the end of time.
Dear shaykh I want to know if all the prophets that Allah send for the mankind performed Haj and if Issa (AS) after his return to Earth will perform Haj? Is there any hadith indicating this?
Praise be to Allah.
The scholars differed concerning this matter. It was said that all the Prophets (peace be upon them) performed Hajj to the Ka‘bah, from Adam to Muhammad (blessings and peace of Allah be upon him).
Abu’l-Ma‘aali al-Juwayni (may Allah have mercy on him) said inNihaayat al-Matlab(4/125):
it was said that the first one who performed Hajj to the Ka‘bah was Adam (peace be upon him), and it was said that there is no Prophet who did not perform Hajj to this House. End quote.
Ibn Hajar al-Haythami (may Allah have mercy on him) said inal-Fataawa al-Fiqhiyyah(2/120):
There is no Prophet who did not perform Hajj to the Ka‘bah. This is contrary to the view of those who made an exception in the case of Hood and Saalih. End quote.
Ibn ‘Allaan (may Allah have mercy on him) said:
Ibn Ishaaq said: Allah did not send any Prophet after Ibraaheem but he performed Hajj. Others stated that there was no Prophet who did not perform Hajj.
End quote fromDaleel al-Faaliheen(7/17)
It was narrated from Ibn Abi Labeed that Muhammad ibn Ka‘b – or someone else – said:
Adam performed Hajj and the angels met him and said: May Allah accept your Hajj rituals, O Adam.
Al-Bidaayah wa’n-Nihaayah(2/299)
· It was also said that all of the Prophets performed Hajj to the Ka‘bah except Saalih and Hood (peace be upon them both)
Ibn Ishaaq said inas-Seerah(p. 95):
A trustworthy man from among the people of Madinah narrated to me that ‘Urwah ibn az-Zubayr said: There is Prophet who did not perform Hajj to the Ka‘bah, apart from Hood and Saalih. Nooh performed Hajj. When the earth was flooded, the same happened to the Ka‘bah as happened to the rest of the earth, and the Ka‘bah was on top of a reddish hill. Then Allah sent Hood, but he was distracted by the affairs of his people, until Allah took his soul in death, and he did not perform Hajj until he died. Then Allah sent Saalih, but he was distracted by the affairs of his people, so he did not perform Hajj until he died. When Allah, may He be glorified and exalted, instructed Ibraaheem to call mankind for Hajj, then (after that) there was never any Prophet who did not perform Hajj.
A shorter version was also narrated by al-Bayhaqi (5/288) from ‘Urwah ibn az-Zubayr, who said: There is no Prophet who did not perform Hajj to the Ka‘bah, except Hood and Saalih.
Ibn Katheer (may Allah have mercy on him) said: We have previously mentioned their Hajj. What is meant is Hajj to that place, even if there was no structure there. And Allah knows best.
End quote fromal-Bidaayah wa’n-Nihaayah(2/299)
· It was also said that seventy-five of the Prophets performed Hajj to the Ka‘bah
It was narrated that Mujaahid said: Seventy-five of the Prophets all circumambulated the House.
End quote fromAkhbaar Makkah(1/45)
· It was said that every Prophet after Ibraaheem (peace be upon him), the Close Friend (Khaleel) of Allah, performed Hajj to the Ka‘bah
Al-Azraqi (may Allah have mercy on him) said inAkhbaar Makkah(1/43):
He mentioned the Hajj of Ibraaheem (peace be upon him), his proclamation of the Hajj, the Hajj of Prophets after him, and his circumambulation (tawaaf) and that of the Prophets after him.
Then he narrated that Ibn Ishaaq said: Ibraaheem (peace be upon him) used to perform Hajj every year on al-Buraaq. He said: And after that the Prophets and the nations performed Hajj.
The best of these reports in terms of isnaad is that which says that seventy Prophets performed Hajj to the Ka‘bah.
At-Tabaraani narrated inal-Mu‘jam al-Kabeer(12283) from Ibn ‘Abbaas who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Seventy Prophets prayed in Masjid al-Khayf, including Moosa. It is as if I can see him, wearing two qatwaani garments, in ihram, riding one of the camels of Shanu’ah with a bridle of twisted palm fibre”
Classed as hasan by al-Albaani inSaheeh at-Targheeb(1127)
It was narrated that Abu Moosa (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Seventy Prophets passed by ar-Rawha’, including the Prophet of Allah Moosa (peace be upon him), barefoot and wearing abayahs, heading towards the Ancient House of Allah.”
Al-Mundhiri (may Allah have mercy on him) said:
It was narrated by Abu Ya‘la and at-Tabaraani, and there is nothing wrong with its isnaad. It was also narrated by Abu Ya‘la from the hadeeth of Anas ibn Maalik.
End quote fromat-Targheeb wa’t-Tarheeb(2/118)
Muhammad ibn Ishaaq said: Someone whom I trust narrated to me from ‘Abdullah ibn ‘Abbaas (may Allah be pleased with him) that he said: Seventy Prophets travelled the valley of ar-Rawha’ as pilgrims.
End quote fromAkhbaar Makkahby al-Azraqi (1/49)
Ahmad narrated inaz-Zuhd(p. 34) from Mujaahid who said: Seventy Prophets performed Hajj to the Ka‘bah, including Moosa ibn ‘Imraan (peace be upon him).
The fact that the sound reports mention this number does not rule out the possibility that others also performed Hajj. All that may be said is that there is no marfoo‘, saheeh hadeeth that speaks of any others, as far as we know. So we stick to what is mentioned in the saheeh Sunnah, and with regard to anything other than that, we neither affirm it nor deny it. There is no great benefit in knowing about that. What the Muslim should do, if he has performed Hajj, is praise Allah, and if he has not performed Hajj then he should try hard to do so, and ask Allah to make it easy for him.
Secondly:
It is proven that ‘Eesa (peace be upon him) will come down at the end of time, and that he will enter ihram for Hajj or ‘Umrah or both.
Muslim (1252) narrated from Abu Hurayrah (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “By the One in Whose hand is my soul, the son of Maryam will certainly enter ihraam in the valley of al-Rawha’, as a pilgrim performing Hajj or ‘Umrah, or both.”
It was also narrated by Ibn Hibbaan (6820) under the heading, “Reports which state that ‘Eesa ibn Maryam will perform Hajj to the Ancient House after he kills the Dajjaal.”
“Enter ihram” means that he will recite the Talbiyah for Hajj or ‘Umrah or both together.
“The valley of ar-Rawha’” is a place between Makkah and Madinah.
An-Nawawi (may Allah have mercy on him) said:
This will happen after ‘Eesa (peace be upon him) comes down from heaven at the end of time.
And Allah knows best.

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Making Up Missed Prayers, - Dought & clear, - * He did not know that ghusl from janaabah is obligatory; should he repeat the prayers?

I did not know that it is obligatory to do ghusl from janaabah (full
ablution following sexual activity) in order to pray. Do I have to
repeat the prayers?.
Praise be to Allaah.
Every Muslim, male or female, has to learn the rulings of Islam,
especially those that have to do with the duties that Allaah has
enjoined upon him and that he is able to do. Whoever has wealth has to
learn the rulings on zakaah; whoever works in business has to learn
the rulings on buying and selling. And everyone has to learn the
correct beliefs and what is required of every accountable person, the
rulings on purification and prayer. Allaah has made it easy for us to
seek knowledge in various ways, so many people have no excuse for
saying that they did not know, except negligence.
With regard to this particular matter, which is not knowing that it is
obligatory to do ghusl from janaabah, and that you offered many
prayers whilst in this state, the scholars are of the view that this
is regarded as something that may be excused, so you do not have to
make up the prayers. But you have to do ghusl and repeat the prayer at
the time of which you hear of the ruling. They quoted several reports
as evidence for that:
1 - It was narrated from Abu Hurayrah that the Messenger of Allaah
(peace and blessings of Allaah be upon him) entered the mosque and a
man entered and prayed and greeted the Prophet (peace and blessings of
Allaah be upon him) with salaam and he returned the greeting. Then he
said: "Go back and pray, for you have not prayed." So he went back and
prayed as he had prayed the first time. Then he came and greeted the
Prophet (peace and blessings of Allaah be upon him) with salaam and he
said: "Go back and pray for you have not prayed." This happened three
times, then he said: "By the One Who sent you with the truth, I cannot
do any better; teach me." He said: "When you stand to pray, say
takbeer ("Allaahu akbar"), then recite whatever you can of Qur'aan,
then bow until you are at ease in bowing, then stand up until you are
standing straight. Then prostrate until you are at ease in
prostration, then sit up until you are at ease in sitting, and do that
throughout the whole prayer." Narrated by al-Bukhaari, 724; Muslim,
367. The Prophet (peace and blessings of Allaah be upon him) did not
tell him to make up his past prayers, rather he told him to make up
the current prayer only.
2 - It was narrated that 'Abd al-Rahmaan ibn Abza said: A man came to
'Umar ibn al-Khattaab and said: I have become junub but I cannot find
any water. 'Ammaar ibn Yaasir said to 'Umar ibn al-Khattaab: "Do you
not remember when we were on a journey, you and I (and became junub)?
You did not pray, but I rolled in the dust and prayed. I mentioned
that to the Prophet (peace and blessings of Allaah be upon him) and
the Prophet (peace and blessings of Allaah be upon him) said: 'It
would have been sufficient for you to do this,' and the Prophet (peace
and blessings of Allaah be upon him) struck his palms on the ground
and blew onto them, then he wiped them over his face and hands."
Narrated by al-Bukhaari, 331; Muslim, 368.
'Umar ibn al-Khattaab (may Allaah be pleased with him) did not pray
because he did not know that tayammum is obligatory for the one who
cannot find water. 'Ammaar ibn Yaasir (may Allaah be pleased with him)
did tayammum in a different way because he did not know how to do
tayammum correctly. But the Prophet (peace and blessings of Allaah be
upon him) did not tell them to make up the prayers that they had
missed.
Shaykh al-Islam Ibn Taymiyah (may Allaah be pleased with him) said:
Based on this, if a person did not purify himself as prescribed in
sharee'ah because the text had not reached him, such as if he ate
camel meat and did not do wudoo', then the text reached him and he
came to know that it is obligatory to do wudoo' after eating camel
meat, or if he prayed in a camel pen then the text reached him (which
says that it is not allowed to pray in camel pens), does he have to
repeat the past prayers? There are two opinions, both of which were
narrated from Ahmad.
A similar case is if a man touches his penis and prays, then he finds
out that the one who touches his penis has to do wudoo'.
The correct view in all these cases is that he does not have to repeat
the prayers, because Allaah has forgiven things done by mistake or out
of forgetfulness, and because He says (interpretation of the meaning):
"And We never punish until We have sent a Messenger (to give warning)"
[al-Isra' 17:15]
If a person has not heard of the command of the Messenger of Allaah
(peace and blessings of Allaah be upon him) concerning a particular
matter, then the obligation is not confirmed in his case. Hence when
'Umar and 'Ammaar became junub and 'Umar did not pray and 'Ammaar
prayed after rolling in the dust, the Prophet (peace and blessings of
Allaah be upon him) did not tell either of them to repeat the prayer.
Similarly he did not tell Abu Dharr to repeat the prayers when he was
junub and did not pray for several days. And he did not tell those of
his companions who had eaten until they could distinguish the white
thread from the black thread to make up their fasts, and he did not
tell those who had prayed facing Bayt al-Maqdis (Jerusalem) before
news of the abrogation reached them to make up those prayers.
A similar case is that of the woman who was suffering from istihaadah
(non-menstrual vaginal bleeding) and had not prayed for some time
because she thought that she did not have to pray. There are two views
as to whether such a woman has to make up the prayers she missed. One
view is that she does not have to make up the prayers - as was
narrated from Maalik and others - because when the woman who was
suffering from istihaadah said to the Prophet (peace and blessings of
Allaah be upon him): "I have been bleeding heavily for some time and
it prevents me from praying and fasting," he told her what she should
do in the future, and he did not tell her to make up the prayers of
the past.
It seems to me, based on mutawaatir reports, that with regard to women
and men living in the desert and elsewhere who have reached the age of
puberty and do not know that prayer is obligatory for them, and even
if it is said to such a woman, "You have to pray" and she says, "Not
until I grow up and become an old woman, thinking that the command to
pray is only addressed to old women, and even the followers of some
shaykhs (among the Sufis) groups do not know that prayer is obligatory
for them, according to the correct view, they do not make to make up
past prayers regardless of whether it is said that they were kaafirs
or they were excused for their ignorance.
Majmoo' al-Fataawa, 21/101, 102.
See also the answer to question no. 21806.
It may be noted here that if the questioner was in a place where the
means of acquiring knowledge were available but he was careless and
did not try to find out, then he has to make up the prayers that he
offered without ghusl from janaabah, so long as he is not very old. If
he is very old, he does not have to make them up because of the
hardship that that would cause, because Allaah says (interpretation of
the meaning):
"and [Allaah] has not laid upon you in religion any hardship"
[al-Hajj 22:78]
And Allaah knows best.

Making Up Missed Prayers, - Dought & clear, - * Praying Maghrib behind one who is praying‘Isha’

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I came back from a journey and I had not prayed Maghrib. I entered the mosque and found them praying ‘Isha’. Should I pray ‘Isha’ with them or pray Maghrib on my own and then pray ‘Isha’?.
Praise be to Allaah.
Rather you should join the imam in the prayer, with the intention of praying Maghrib, then you should sit in the third rak’ah and recite the Tashahhud and say the salaam, then join the imam in what is left of ‘Isha’ prayer. Or wait during the Tashahhud until the imam finishes the prayer and say the tasleem with him, then pray ‘Isha’.
This is the view of Imam al-Shaafa’i (may Allaah have mercy on him), and is one of the two views narrated from Imam Ahmad. Al-Mardaawi stated inal-Insaaf(4/413) that this view was favoured by a number of the companions of Imam Ahmad, including Shaykh al-Islam Ibn Taymiyah and his grandfather al-Majd ibn Taymiyah.
Al-Nawawi (may Allaah have mercy on him) said inal-Majmoo’, 4/143:
If he intends to pray Fajr behind one who is praying Zuhr and the congregational prayer is completed, if he wishes he may wait during the Tashahhud until the imam finishes, and say the tasleem with him, which is better, or if he wishes he may decide to leave him and say the tasleem. This leaving does not invalidate his prayer, and there is no scholarly dispute on this point, because he is excused from following the imam. End quote.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked:
Some worshippers were delayed in praying Maghrib, and they found that the imam had started to pray ‘Isha’. Should they pray Maghrib in a congregation on their own, or join the imam? And how should they pray?
He replied:
The correct view is that if a person comes (to the mosque) and the imam is praying ‘Isha’, whether he is with a group or not, he should join the imam, with the intention of praying Maghrib. It does not matter if the imam’s intention is different from that of one who is praying behind him, because the Prophet (peace and blessings of Allaah be upon him) said: “Actions are but by intentions, and each person will have but that which he intended.” If they join him in the second rak’ah, they can say the tasleem with him, because they will have prayed three rak’ahs, and it does not matter if they sit for the Tashahhud during their first rak’ah. If they join him in the first rak’ah, then when he stands up for the fourth rak’ah, they can sit and recite the Tashahhud and say the tasleem, then join him in what remains of ‘Isha prayer.
The second opinion concerning this matter is that they should join him with the intention of praying ‘Isha’, then pray Maghrib after that, and the obligation to offer the prayers in order is waived because of the duty to join the congregation.
The third view is that they should pray Maghrib on their own, then join him in whatever is left of ‘Isha’ prayer. The last two views involve something about which there is some reservation. The first view involves neglecting the order of prayers by putting ‘Isha’ before Maghrib. The second view involves having two congregations in one mosque at the same time, which is dividing the ummah.
But the first view which we mentioned is the correct one. Someone may say that there is something wrong, which is saying the tasleem before the imam. In fact there is nothing wrong with this. It is narrated in some places in the Sunnah that a member of the congregation may do something separately from the imam, such as in the fear prayer, where the imam leads them in one rak’ah, then they complete the prayer by themselves and leave.
Another example is the story of the man who joined Mu’aadh ibn Jabal (may Allaah be pleased with him) in prayer, but when he started to recite Soorat al-Baqarah or another similar soorah, he left him and did not complete the prayer with him.
And the scholars said that if a man is praying in congregation then he feels that is about to pass wind or that he needs to break his wudoo’ by urinating or defecating, then there is no sin on him if he decides to pray alone and completes his prayer and leaves. This indicates that praying alone in the case of need is not regarded as wrong. End quote.
Liqaa’aat al-Baab il-Maftooh, 3/425
Shaykh Ibn Baaz was asked: I entered the mosque and the ‘Isha’ prayer had started. Before I joined the prayer, I remember that I had not prayed Maghrib. Should I pray Maghrib and then catch up with ‘Isha’ with the congregation, or should I pray with the congregation and then pray Maghrib afterwards?
He replied: if you enter the mosque and ‘Isha’ prayer has started, then you remember that you did not pray Maghrib, then you should join the congregation with the intention of praying Maghrib. When the imam stands up for the fourth rak’ah, you should sit in the third rak’ah and recite the final tashahhud – i.e.,al-tahhiyaatuand the blessings upon the Prophet (peace and blessings of Allaah be upon him) – and make du’aa’ after that, then wait for the imam to say the tasleem and say the tasleem with him. It does not matter if the imam and the member of the congregation have different intentions, according to the sound scholarly opinion. If you pray Maghrib on your own and then join the congregation in what is left of ‘Isha’ prayer, there is nothing wrong with that. End quote.
Majmoo’ Fataawa Ibn Baaz, 12/189
The Standing Committee was asked: what should a man do if he forgets Fajr prayer, for example, and does not remember until the iqaamah is given for Zuhr, or he forgets Zuhr and does not remember until the time for ‘Asr begins. Should he join the imam with the intention of offering the obligatory prayer that he missed or with the intention of offering the prayer that is currently due, and make up the missed prayer after that?
He replied: He should offer the prayer that he forgot behind the imam, and it does not matter if his intention is different from that of the imam, according to the sound scholarly opinion. End quote.
Fataawa al-Lajnah al-Daa’imah, 7/407.

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Making Up Missed Prayers, - Dought & clear, - * He does not remember the number of prayers and fasts that he owes. What should he do?

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If someone doesn't remember that how many prayers and fasts he/she has left, how should he/she proceed to make over them?.
Praise be to Allaah.
Firstly:
If prayers have been missed, one of the following three scenarios must apply:
1 – The prayer was missed for a reason such as sleeping or forgetting. In that case it must be made up, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever forgets a prayer or sleeps and misses it, the expiation for that is to pray it when he remembers.” Narrated by al-Bukhaari, 572; Muslim, 684.
He should offer these prayers in order as enjoined, because of the hadeeth of Jaabir ibn ‘Abd-Allaah, according to which ‘Umar ibn al-Khattaab (may Allaah be pleased with him) came on the day of al-Khandaq after the sun had set, and started cursing the kuffaar of Quraysh and saying, “O Messenger of Allaah, I could hardly pray ‘Asr until the sun had almost set.” The Prophet (peace and blessings of Allaah be upon him) said: “By Allaah, I did not pray it either.” We went to Bat-haan and he did wudoo’ for prayer and so did we, then he prayed ‘Asr after the sun had set, then he prayed Maghrib after that. Narrated by al-Bukhaari (571) and Muslim (631).
2 – He omitted the prayer for a reason but he was not aware of it, such as unconsciousness. In this case the prayer is waived for him and he does not have to make it up.
The scholars of the Standing Committee were asked:
I was involved in a car accident and I stayed in the hospital for three months, where I did not wake up and I did not pray for all that time. Is it waived for me or do I have to make up all the missed prayers?
They replied:
The prayers during the period mentioned are waived in your case, so long as you were unconscious throughout that period. End quote.
They were also asked:
If a person remains unconscious for a month and does not pray throughout that period, then he regains consciousness after that, does he have to repeat the missed prayers?
They replied:
He does not have to make up the prayers that he missed during that period, because he comes under the same ruling as one who is insane, and the Pen is lifted from one who is insane (i.e., his deeds are not recorded). End quote.
Fataawa al-Lajnah al-Daa’imah, 6/21
3 – He missed the prayers for no reason. One of two scenarios applies in this case:
Either he denied and refused to accept that they are obligatory. In this case there is no dispute that this is kufr and he has nothing to do with Islam. He has to enter Islam and then do all the duties and obligations of Islam, but he does not have to make up the prayers he missed when he was a kaafir.
Or he did not pray because he was negligent and lazy. In this case the prayers are not valid if he makes them up, because he had no excuse at the time when he missed them. Allaah has enjoined prayers at certain, clearly-defined times, as He says (interpretation of the meaning):
“Verily, As‑Salaah (the prayer) is enjoined on the believers at fixed hours”
[al-Nisa’ 4:103]
And the Messenger (peace and blessings of Allaah be upon him) said: “Whoever does an action that is not part of this matter of ours will have it rejected.” Narrated by al-Bukhaari, 2697; Muslim, 1718.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked:
I did not pray until the age of twenty-four. Now with every fard (obligatory prayer) I offer another fard. Is it permissible for me to do that? Should I carry on doing that, or is there something else I have to do?
He replied:
The one who missed prayers deliberately does not have to make them up, according to the correct scholarly view. Rather he has to repent to Allaah, because prayer is the foundation of Islam, and failing to pray is the greatest of sins. In fact, failing to pray constitutes major kufr according to the more correct of the two scholarly opinions, because it is narrated that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The covenant that stands between us and them is prayer; whoever does not pray is a kaafir.” Narrated by Imam Ahmad and the authors ofal-Sunanwith a saheeh isnaad from Buraydah (may Allaah be pleased with him).
And the Prophet (peace and blessings of Allaah be upon him) said: “Between a man and shirk and kufr there stands his giving up prayer.” Narrated by Imam Muslim in hisSaheehfrom Jaabir ibn ‘Abd-Allaah (may Allaah be pleased with him). And there are other ahaadeeth which indicate the same thing.
What you have to do is repent sincerely to Allaah by regretting what you have done in the past, giving up not praying, and sincerely resolving not to go back to it. You do not have to make up anything, either with every prayer or otherwise. Rather all you have to do is repent. Praise be to Allaah, whoever repents, Allaah accepts his repentance. Allaah says (interpretation of the meaning):
“And all of you beg Allaah to forgive you all, O believers, that you may be successful”
[al-Noor 24:31]
And the Prophet (peace and blessings of Allaah be upon him) said: “The one who repents from sin is like one who did not sin at all.”
You have to be sincere in your repentance, and take stock of yourself, and strive to offer prayers regularly on time in congregation. And you have to ask Allaah to forgive what you have done, and do a lot of righteous deeds, and be optimistic, for Allaah says (interpretation of the meaning):
“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82]
After mentioning shirk, murder and zina (adultery) in Soorat al-Furqaan, Allaah says (interpretation of the meaning):
“and whoever does this shall receive the punishment.
69. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace;
70. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allaah will change their sins into good deeds, and Allaah is Oft‑Forgiving, Most Merciful”
[al-Furqaan 25:68]
We ask Allaah to guide us and you, to make our repentance sound and help us to remain constant in doing good. End quote.
Majmoo’ Fataawa al-Shaykh Ibn Baaz, 10/329, 330
Secondly:
With regard to making up missed fasts, if you did not fast during the time when you did not pray, then you do not have to make up those fasts, because the one who does not pray is a kaafir in the sense of major kufr that puts him beyond the pale of Islam – as stated above. When a kaafir becomes Muslim, he is not obliged to make up acts of worship that he did not do when he was a kaafir.
But if you did not fast at a time when you were praying, then one of the following two scenarios must apply:
Either you did not form the intention to fast from the night before, and you decided rather that you would not fast. In this case making up the fasts would not be valid in your case, because you failed to do the act of worship at the time prescribed for it by Islam, with no excuse.
Or you started to fast then you broke the fast during the day. In this case you have to make it up, because when the Prophet (peace and blessings of Allaah be upon him) commanded the one who had had intercourse during the day in Ramadaan to offer expiation for that, he said to him: “Fast one day in its stead.” Narrated by Abu Dawood, 2393; Ibn Maajah, 1671; classed as saheeh by al-Albaani inIrwa’ al-Ghaleel, 940.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about the ruling on breaking the fast during the day in Ramadaan with no excuse. He replied:
Breaking the fast during the day in Ramadaan with no excuse is a major sin, which makes a person a faasiq (disobedient, evildoer) who has to repent to Allaah and make up the day when he broke his fast. I.e., if he fasted then during the day he broke his fast with no excuse, then he has sinned, and he has to make up the day when he broke the fast, because when he started it, it became binding upon him, so he has to make it up, like a vow. But if he did not fast at all, deliberately, with no excuse, then it is most likely that he does not have to make it up, because that will not benefit him at all, for it will never be accepted from him. The basic principle with regard to every act of worship which is to be done at a specific time is that if it is delayed beyond that time with no excuse, it will not be accepted, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does any action that is not in accordance with this matter of ours will have it rejected.” And he has transgressed the limits set by Allaah, and transgressing the limits set by Allaah is zulm (wrongdoing), and good deeds are not accepted from the wrongdoer. Allaah says (interpretation of the meaning):
“And whoever transgresses the limits ordained by Allaah, then such are the Zaalimoon (wrongdoers)”
[al-Baqarah 2:229]
If he had done this act of worship ahead of time – i.e., before the time for it began – it would not have been accepted of him, and by the same token, if he does it after that it will not be accepted from him, unless he has an excuse. End quote.
Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen(19, question no. 45)
What he has to do is repent sincerely from all sins, and perform obligatory duties regularly and on time, and give up evil deeds, and do a lot of naafil deeds and acts of worship.
And Allaah knows best.

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Womens Work, - Dought & clear, - * Woman working in a home for the elderly

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Is it permissible for a women to work in a home for the elderly that is mixed, men and women together, where the workers have to wash the people, both men and women, and change their diapers, or she may have to give them forbidden drinks and meals containing pork? Can a Muslim woman work in this place if she avoids giving the people alcohol and haraam meats? Also please note that she is not allowed to wear anything but a scarf on her head and a knee-length shirt over trousers, on grounds of necessity. Some people have told the women that doing this kind of work is better than being dependent on the social agencies that offer help to families whose head is out of work.
Praise be to Allaah.
With regard to offering alcohol and pork to the residents of the home for the elderly, this is undoubtedly haraam, and the Prophet (peace and blessings of Allaah be upon him) cursed ten types of people with regard to alcohol, including the one who carries it and the one who pours it. It was narrated that Anas ibn Maalik (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed ten types of people with regard to wine: the one who presses (the grapes), the one for whom it is pressed, the one who drinks it, the one who carries it, the one to whom it is carried, the one who pours it, the one who sells it and consumes its price, the one who buys it and the one for whom it is bought.” (Narrated by al-Tirmidhi, 1295; Abu Dawood, 3674). So it is not permissible to carry it or serve it and to be paid for that. The Prophet (peace and blessings of Allaah be upon him) said: “When Allaah forbids people to eat something, He also forbids its price to them [i.e., they are not allowed to sell it].” (Classed as saheeh by al-Albaani – may Allaah have mercy on him) inSaheeh Abi Dawood, no. 2978).
It is also well known that alcohol and pork are forbidden in the Qur’aan.
There remain two further issues of concern:
The first is that the Muslim woman who works in this home is not wearing complete shar’i hijaab.
The second is that washing the elderly people and changing their diapers will lead to seeing and touching their ‘awrahs. This is permissible in cases of necessity, but I do not think they will appoint men to take care of men and women to take care of women; usually they bring all the people together in one place and both women and men work with both sexes.
So my advice is that a Muslim woman, in particular, should not work in this place. This work is also not desirable because it involves dealing with impure things. Accepting help from the social institution, even though it involves the humiliation of the Muslim taking aid from the kaafirs, is still easier to bear that this work which involves going against sharee’ah.
We ask Allaah to cause Islam and the Muslims to prevail. And Allaah is the Source of help.

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Womens Work, - Dought & clear, - * She wants to work but her husband refuses

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My husband does not let me work or study, but I think that I am able for that. Does he have the right to prevent me from working or studying? He is not listening to me and that hurts my feelings.
Praise be to Allaah.
Both spouses must refer to the sharee’ah concerning all matters in their lives. Whatever is the ruling of sharee’ah is what they must apply and follow. This is the way that leads to happiness and ease in this world and in the Hereafter, as Allaah says (interpretation of the meaning):
“(And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day. That is better and more suitable for final determination”
[al-Nisa’ 4:59]
With regard to women working and going out of the home, we say:
1 – The basic principle is that women should stay in their houses. This is indicated by the verse in which Allaah says (interpretation of the meaning):
“And stay in your houses, and do not display yourselves like that of the times of ignorance”
[al-Ahzaab 33:33]
Although this was addressed to the wives of the Prophet (peace and blessings of Allaah be upon him), all believing women should follow them in that. It was addressed to the wives of the Prophet (peace and blessings of Allaah be upon him) because of their honoured status and because they are the example for the believing women.
This is also indicated by the words of the Prophet (peace and blessings of Allaah be upon him): “Woman is ‘awrah, and when she goes out the Shaytaan gets his hopes up. She is never closer to Allaah than when she is in the innermost part of her house.” (Narrated by Ibn Hibbaan and Ibn Khuzaymah; classed as saheeh by al-Albaani inal-Silsilah al-Saheehah, no. 2688.
And the Prophet (peace and blessings of Allaah be upon him) said concerning women praying in the mosques: “Their houses are better for them.” (Narrated by Abu Dawood, 567’ classed as saheeh by al-Albaani inSaheeh Abi Dawood).
2 – It is permissible for a woman to work or study so long as a number of conditions are met:
- That this work is suited to the nature and aptitude of women, such as medicine, nursing, teaching, tailoring and so on.
- The work should be in a place that is for women only, with no mixing between the sexes. It is not permissible for a woman to study or work in a mixed school.
- The woman should wear proper Islamic hijaab at work.
- Her work should not lead to her travelling without a mahram.
- Her going out to work should not involve her committing any sin, such as being alone with the driver, or wearing perfume where non-mahram men will be able to smell it.
- That should not lead to her neglecting her duties of looking after the house or taking care of her husband and children.
3 – What you have mentioned about your being able and willing to work, teach or study is something good. Perhaps that will help you to serve Allaah, such as teaching Muslim girls in your house or in the Islamic center – subject to the conditions mentioned above – or doing something that will benefit you and your family, such as sewing and the like, which will be a means of stopping boredom.
You could also join one of the Islamic Open Universities, which will let you enroll in a distance-learning program, so that you can increase your knowledge and understanding of Islam, as well as attaining a higher status before Allaah. For the angels lower their wings for the seeker of knowledge, and the inhabitants of the heavens and the earth pray for forgiveness for the scholar, even the fish in the sea, as it says in the hadeeth narrated by al-Tirmidhi (no. 2682), Abu Dawood (3641), al-Nasaa’i (158) and Ibn Maajah (223); this hadeeth was classed as saheeh by al-Albaani inSaheeh al-Tirmidhi.
Ask Allaah to bless you with righteous offspring, because in raising these children a woman will fill her time and will not feel bored, and she will be rewarded for all of that, praise be to Allaah.
Remember that it is obligatory to obey your husband unless he tells you to do something sinful. So if a husband tells his wife not to go out to work or to study, she has to obey him, and this will lead to her happiness and salvation. According to a hadeeth narrated by Ibn Hibbaan in hisSaheeh, “If a woman prays her five daily prayers, fasts her month (of Ramadaan), guards her chastity and obeys her husband, it will be said to her: ‘Enter Paradise from whichever of its gates you wish.’” (Classed as saheeh by al-Albaani inSaheeh al-Jaami’, no. 661).
But the husband should not exploit this right to hurt his wife’s feelings or ignore her opinion or go against her wishes. Rather he has to fear Allaah and try to consult with his wife and discuss with her, and explain the shar’i ruling to her, and give her permissible alternatives that will make her happy, develop her potential and achieve some of what she wants.
We ask Allaah to help us all to do that which He loves and which pleases Him.
And Allaah knows best.

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Womens Work, - Dought & clear, - * Is it permissible in Islamic sharee’ah for awoman to be a ruler?

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Are women allowed to be rulers in the islamic shariah? (i would prefer evidence from the Qur'an).
Praise be to Allaah.
Firstly:
We appreciate our brother’s keenness to find out and follow the evidence from the Qur’aan, but there will not necessarily be evidence specifically from the Qur’aan for every issue. Rather the evidence for many rulings is to be found in the saheeh Sunnah of the Prophet (peace and blessings of Allaah be upon him), not the Qur’aan. The Muslim has to follow the evidence of both the Qur’aan and Sunnah. Allaah says (interpretation of the meaning):
“O you who believe! Obey Allaah and obey the Messenger (Muhammad), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allaah and His Messenger, if you believe in Allaah and in the Last Day. That is better and more suitable for final determination”
[al-Nisa’ 4:59]
Allaah has commanded us to obey Him and to obey His Messenger (peace and blessings of Allaah be upon him), and He has commanded us to refer matters of dispute to His Book and the Sunnah of His Messenger (peace and blessings of Allaah be upon him).
Allaah says (interpretation of the meaning):
“And whatsoever the Messenger (Muhammad) gives you, take it; and whatsoever he forbids you, abstain (from it). And fear Allaah; verily, Allaah is Severe in punishment”
[al-Hashr 59:7]
Ibn Maajah (12) narrated from al-Miqdaam ibn Ma’di Yakrib that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Soon there will come a time when a man will be reclining on his pillow, and when one of my hadeeth is narrated to him, he will say, ‘The Book of Allaah is (sufficient) between us and you. Whatever it states is permissible we will take as permissible, and whatever it states is forbidden, we will take as forbidden.’ Verily, whatever the Messenger of Allaah (peace and blessings of Allaah be upon him) has forbidden is like that which Allaah has forbidden.”
Classed as saheeh by al-Albaani inSaheeh al-Jaami’, 8186
Secondly:
The evidence from the Qur’aan and Sunnah indicates that it is not permissible for a woman to assume positions of senior public authority, such as the caliph (khaleefah), minister of state (wazeer or vizier) or judge (qaadi) and so on.
1 – Evidence from the Qur’aan:
Allaah says (interpretation of the meaning):
“Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means”
[al-Nisa 4:34]
Al-Qurtubi said:
The words “Men are the protectors and maintainers of women” mean that they spend on them and protect them, and also that they (men) are the rulers and governors, and the ones who go on military campaigns, and none of these are the role of women.
Tafseer al-Qurtubi, 5/168.
Ibn Katheer said:
It means the man is in charge of the woman; he is her leader, the ruler over her who disciplines her if she goes astray.
“because Allaah has made one of them to excel the other” means, because men are superior to woman, and a man is better than a woman. Hence Prophethood was given only to men, as is the role of caliph, because the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge of them.”
Tafseer Ibn Katheer, 1/492.
2 –Evidence from the Sunnah:
It was narrated that Abu Bakrah said: When the Messenger of Allaah (peace and blessings of Allaah be upon him) heard that the people of Persia had appointed the daughter of Chosroes as their queen, he said, “No people will ever prosper who appoint a woman in charge of them.”
Narrated by al-Bukhaari, 4163.
Al-Shawkaani said inNayl al-Awtaar, 8/305:
This indicates that women are not qualified to rule, and it is not permissible for people to appoint them as rulers, because they must avoid that which will cause them not to prosper.
Al-Maawirdi said, in the context of his discussion of the position of wazeer:
It is not permissible for a woman to play this role, because the Prophet (peace and blessings of Allaah be upon him) said, “No people will prosper if they delegate their affairs to a woman.” And because these positions require wisdom and resolve, which women may be lacking in, and requires appearing in public to handle matters directly, which is haraam for them to do.
Al-Ahkaam al-Sultaaniyyah, p. 46.
Ibn Hazm (may Allaah have mercy on him) said, in the context of his discussion on the role of caliph:
There is no dispute that it is not permissible for a woman (to be caliph).
Al-Fasl fi’l-Milal wa’l-Nihal, 4/129.
Inal-Mawsoo’ah al-Fiqhiyyah(21/270) it says:
The fuqaha’ are agreed that one of the conditions of the position of caliph is that the holder should be male. The leadership of a woman is not valid, because the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge of them.” That is also so that he will be able to mix with men, to devote his time solely to dealing with affairs of state, and because this position involves handling very serious matters. The responsibility is great and this is a man’s role.
Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him) was asked the following question:
What is the Islamic view on a woman being nominated as a candidate for the position of head of state, or head of a government, or a public ministry?
He replied:
It is not permissible to appoint or elect a woman as head of state. This is indicated by the Qur’aan, Sunnah and scholarly consensus. In the Qur’aan, Allaah says (interpretation of the meaning):
“Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other…”
[al-Nisa 4:34]
The ruling in the verse is general and includes a man’s position of leadership in his family, and applies more so to his position of public leadership. This ruling is supported by the reason given in the verse itself, which is men’s intellectual superiority and better understanding etc, which are basic qualifications for leadership.
In the Sunnah, the Prophet (peace and blessings of Allaah be upon him) said: “No people will ever prosper who appoint a woman in charge of them.” Narrated by al-Bukhaari.
Undoubtedly this hadeeth indicates that it is haraam for a woman to take a position of public leadership, or to become the governor of a province or city, because all of that comes under the general meaning of the hadeeth, and the Prophet (peace and blessings of Allaah be upon him) said that those who appoint a woman as their leader will never prosper. Prospering means being successful and doing well.
The ummah unanimously agreed in practical terms at the time of the Rightly-Guided Caliphs and the imams of the first three generations, which the Prophet (peace and blessings of Allaah be upon him) testified were the best of generations, that women should not be appointed as governors or judges. There were women who were brilliant in religious knowledge, to whom scholars would refer concerning knowledge of Qur’aan, hadeeth and religious rulings, but no woman aspired to positions of public leadership during that time or any other position of that nature. The shar’i responsibilities of such positions cannot be carried out by women, because that involves travelling to the provinces, and mixing with the members of the ummah, and meeting with them, and leading the army sometimes in jihad, and negotiating with the enemy, and accepting oaths of allegiance from members of the ummah, and meeting with them, men and women, at times of war and peace, and so on. This is not appropriate for a woman, and it goes against the rulings of sharee’ah that are established to protect her and keep her safe from having to go out and mix in such a manner.
Rationally speaking, women should not be given positions of public office, because what is required of the one who is chosen for such a position is that he should a man of great resolve, determination, smartness, will power and good management skills. These characteristics are lacking in women because they have been created with weakness in their intellect and thinking, and with strong emotions, so electing them to such positions is not in the interests of the Muslims and does not help them to achieve greatness.
And Allaah is the source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and upon his family and companions.
Majallat al-Mujtama’, issue no. 890.
And Allaah knows best.

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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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For children, - 10-90 Rule or Attitude

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How much do you see of an Iceberg?
Only 10% of any Iceberg is visible. The remaining 90% is below the sea level.
The Iceberg phenomenon is also applicable to we human beings ...
Do you know how?
Only 10% is what happens around us and 90% is how we react or respond to what happens and that's our Attitude.
Similarly, only 10% is our knowledge and skills. And remaining 90% is our Attitude.
In other words, our Attitude (values, standards, judgments, motives, ethics and beliefs) impact our Behavior. Hence, our life is a reflection of our attitudes.
Let each letter of the alphabetic has a value equals to it sequence of the alphabetical order:
ABCDEFGHIJKLMNOPQRSTUVWXYZ
0102030405060708091011121314151617181920212223242526
SKILLSTotal
191109121219=82%
KNOWLEDGETotal
111415231205040705=96%
HARDWORKTotal
0801180423151811=98%
But:
ATTITUDETotal
0120200920210405=100%
Then, look how far the love of God will take you?
LOVEOFGODTotal
1215220515060715O4=101%
Therefore, one can conclude with mathematical certainty that:
While Skills, Knowledge and Hard Work will get you close, and Attitude will get you there, It's the Love of Godthat will put you over the top!
Note:A positive attitude is like a magnet for positive results. Positive attitudes create a chain reaction of positive thoughts. It's your attitude and not your aptitude that determines your altitude.
Holy month of Ramadhan is best to practice and follow the above laws, because the Holy month of Ramadhan is a month of becoming Abdullah [an obedient servant of Allah (SWT)]. It is a month of adopting the etiquette of Allah (SWT) in the language of tradition or adopting the divine color in the language of the Noble Qur'an: "(We take our) color from Allah, and who is better than Allah at coloring. We are His worshippers". (Noble Qur'an 2:138) And the Holy Prophet Muhammad (saw) is reported to have said: "Adopt the etiquette of Allah (SWT)."

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Womens Work, - Dought & clear, - * It is notpermissible fora woman to beappointed as a judge

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Is it permissible for a woman to be appointed as a judge (qaadi) in Islamic sharee’ah?.
Praise be to Allaah.
Shaykh Ibn Jibreen was asked whether it is permissible for a woman to be a qaadi. He replied:
It is not permissible for a woman to be appointed to public positions which generally require speaking with men, mixing with them and going out frequently, asking questions of non-mahram men, and answering their questions. Such behaviour indicates that a woman is careless and audacious, which will lead to her giving up her modesty. This position also requires her to raise her voice. That is contrary to her femininity and modesty. Similarly a woman cannot become an imam or khateeb or lawyer who has to frequent the courts and offices which are filled with men.
This is also a kind of imitating men, and the Prophet (peace and blessings of Allaah be upon him) cursed women who imitate men.
With regard to jobs which a woman may need, there is nothing wrong with a woman being appointed to them, such as teaching female students, being a doctor or nurse treating female patients. A woman may also work in offices that are visited only by women, so that women will not be forced to mix with men, which may be a cause of spreading wanton display (tabarruj) and unveiling, and other things that lead to evil and immorality. And Allaah knows best.
Al-Lu’lu’ al-Makeen min Fataawa al-Shaykh Ibn Jibreen, p. 304.

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Womens Work, - Dought & clear, - * Is it permissible fora father to force his daughter to work in a mixed environment?

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Can a father force his daughter to work in a mixed environment?.
Praise be to Allaah.
Working in mixed environments is not free of the risk of some haraam things happening, such as looking, being alone with a person of the opposite sex, or feeling attracted. Hence the scholars have issued fatwas stating that it is haraam, based on what usually happens. It says inFataawa al-Lajnah al-Daa’imah(12/156):
Mixing of men and women in schools and elsewhere is a great evil and has serious implications for people’s religious and worldly interests. It is not permissible for a woman to study or work in a place where men and women mix, and it is not permissible for her guardian to allow her to do that.
Based on that, the father has no right to force his daughter to work in a mixed workplace. If he forces her to do that then she does not have to obey him, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no obedience in sinful matters, rather obedience is only (required) in that which is good and proper.” Narrated by al-Bukhaari, 7257; Muslim, 1840.
This daughter must explain to her father the dangers of working in a mixed environment, and that it is haraam. She should remind him of his duty to protect his family and save them from the Fire, and she should do so in a wise manner and with beautiful preaching.
And Allaah knows best.

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