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Sunday, January 20, 2013

Dought & clear - , She helped her neighbour give birth then the child died and she does not know whether the cause was her pulling him by his head or the difficulty of the birth; what should she do?.

My grandmother, who is 84 years old, has been constantly asking about
this fatwa for more than 40 years, because she always has a guilty
conscience and feels thatshe did wrong and wants to expiate for it if
there is any sin on her. The story began when my grandmother helped
her neighbour give birth, because at that time there were no health
centres or hospitals. During the birth, my grandmother pulled the baby
out by his head because the birth was difficult and the baby was stuck
in the birth canal. My grandmother pulled the baby out and found that
he had died and his face was blue; she does not know whether the baby
died because of her pulling on his head or if he had suffocated when
he was stuck in the birthcanal. I hope that you can tell us whether
thereis any sin on her and what she must do in order to put her mind
at rest, as her conscience has always been bothering her. She is an
old lady, religiously committed and always does good deeds; perhaps in
the past she was unaware of what can be done during a difficult birth.
It was her eagerness to do good deeds that prompted herto help her
neighbour?.
Praise be to Allaah.
The shar'i ruling concerning your question depends; there are three
possible scenarios.
(i)
If doctors and specialist obstetricians say that it is most likely
that your grandmother had nothing to do with the death of the infant
during the birth, and that what she tells of thedetails that she
remembers about the birth indicate that the death occurred naturallyas
a result of the difficultlabour. In this case your grandmother is not
liable and there is no sin on her; she does not have to pay diyah
(bloodmoney) or offer expiation because she is not responsible and had
no connection to the death.
(ii)
If the consultant doctors are uncertain and the details that the
questioner related cannot help them to define the cause of death, then
are your grandmother does not have to do anything, because the basic
principle is that the individual is innocent and that cannot be
changed without proof and evidence.
(iii)
But if the doctors think itmost likely that the cause of the infant's
death was a mistake during the birth, and that pulling on the head in
this manner led to suffocation, then this is accidental killing, and
the one who did that has to repent sincerely and fast two
consecutivemonths as expiation for accidental killing. She also has to
pay diyah (blood money) to the heirs of the infant unlessthey agree to
let her off. The Prophet (blessings and peace of Allah be upon him)
said: "The one who gives medical treatment when he is not known to
have knowledge of medicine is liable." Narrated by Abu Dawood and
classedas hasan by al-Albaani. Saheeh al-Jaami', 6153.
Imam ash-Shaafa'i (may Allah have mercy on him) said:
If someone orders a manto treat him with cupping, circumcise his child
or treat his animal, and they die as a result of his actions, if he
did what is usually done in the interests of the one to whom it was
done according to those who have knowledge of such matters, then he is
not liable; but if he did whatis not usually done by one who is
seeking to do the right thing and has knowledge of such matters, then
he is liable.End quote from al-Umm, 6/185
Imam al-Khattaabi (may Allah have mercy on him) said:
I do not know of any dissenting opinion with regard to medical
treatment; if (the doctor)mishandles the case and the patient dies, he
is liable. The one who deals with matters of knowledge or practical
matters when he has no knowledge thereof is a wrongdoer; if damage
results from his actions, he is liable and must paythe diyah, but the
hadd punishment is not to be carried out on him.
End quote from Ma'aalimas-Sunan, 4/39
For more information please see al-Mawsoo'ahal-Fiqhiyyah
al-Kuwaitiyyah, 12/138; Ahkaam al-Jarraahah at-Tibbiyyah by
ash-Shanqeeti, p. 519-534
To sum up, it is essential to consult specialist doctors. If they
think it most likely that your grandmother made a mistake, then she is
liable and must pay the diyah and observe the expiatory fast;
otherwiseshe does not have to do anything. May Allah *- visit for
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Dought & clear - , Can zihaar occur beforeconsummation of the marriage? What is the ruling on one who divorced his wife by zihaar if he has intercourse with his wifebefore offering expiation?.

I have been married for about two months. One week before my wedding,
oneof my female relatives tried to hurt me by saying something about
me to my wife to cause trouble for me. I heard about this from one of
my sisters and I said: "Mywife is as haraam to me as my mother; I
shall not consummate the marriage with her until after I harm her as
she tried to harm me." My sister tried to calm me down and my brother
came to me and spoke tome. Then I calmed down and forgot about the
matter until a while ago,when my wife and I were speaking about
zihaar. Please note that Iswore the oath when I was married, but I had
not yet consummated the marriage. Now I am uncertain about my
situation. I asked a shaykh from Yemen and he gave me an answer based
on the Ithna 'Ashari madhhab! He toldme that it is regarded as an oath
and expiation must be offered for it, but I am not sure about the
fatwa of the Ithna 'Ashari madhhab.
Praise be to Allaah.
Firstly:
If a man states that his wife is as haraam to him as his mother is or
another mahram womanwho is permanently forbidden to him, then he has
uttered a great evil and spoken falsehood, and he comesunder the
rulings that result from zihaar. His wife remains haraam to him until
he has fasted for two consecutive months; if he is not able to do that
because of a legitimate shar'i reason, then he must feed sixty poor
persons.
For zihaar to take place, it is not stipulated that he should have
consummated the marriage with his wife; it is sufficient for him
merely to have done the marriage contract with her for these rulings
to come into effect.
Secondly:
What appears to us to bethe case is that what yousaid comes under the
heading of conditional zihaar. Because you decided not to cause harm
to that woman, then you come under the rulings on zihaar. So you have
to repent from saying that and your wife remains haraam to you until
you have offered the expiation forzihaar.
The scholars of the Standing Committee were asked:
There was an argument between my father and my oldest brother, and my
oldest brother said something, which was: "My wife is as haraam to me
as my mother." That was in a moment of anger. My brother has done the
marriage contract with this wife of his but he has not consummated the
marriage with her and there has not been any wedding party until now.
I hope that you canadvise me.
They replied:
If what is mentioned about your brother declaring his wife to be
haraam to himself is correct, and that happened after he did the
marriage contract with his wife, then he has committed a major sin and
he has to offer expiation for zihaar before he can touch his wife,
whether he said that before consummating the marriage with her or
after. Expiation for zihaar is freeing a believing slave. If that is
not possible, then he must fast for two consecutive months. If he is
not able to do that, then he should feed sixtypoor persons, giving
thirty saa's of wheat, half a saa' for each poor person.
Shaykh Ibraaheem ibn Muhammad Aal ash-Shaykh; Shaykh 'Abdar-Razzaaq
'Afeefi; Shaykh 'Abdullah ibn Ghadyaan; Shaykh 'Abdullah ibn Munayyi'
End quote from Fataawa al-Lajnah ad-Da'imah, 20/277
If you had consummatedthe marriage with your wife – as appears to be
the case – then you haveto stop being intimate with her immediately;
it is not permissible for you to continue being intimate with her
beforeyou have offered expiation for zihaar.
The scholars of the Standing Committee said:
With regard to what youhave done of intercourse before offering
expiation as a result of ignorance before starting to fast, you do not
owe any penalty for that because you had the excuse of ignorance. But
now you must avoid having intercourse until you have completed the
fasting.
Shaykh 'Abd al-'Azeez Aal ash-Shaykh, Shaykh 'Abdullah ibn Ghadyaan.
Shaykh Saalih al-Fawzaan, Shaykh BakrAbu Zayd
End quote from Fataawa al-Lajnah ad-Daa'imah, 20/322
Thirdly:
It is not permissible for aMuslim to follow the Shi'i (Ithna 'Ashari)
madhhab with regard tobasic issues or minor matters, or to be happy if
they are in agreement with Ahl as-Sunnah (concerning some issue),just
as it does not matterif they differ from us. It is not permissible
for you to consult one who will advise you in accordance with their
madhhab or give you a fatwa based on their opinions.


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Success of a farmer

grew superior quality, award-winning corn in his farm. Each year, he
entered his corn in the state fair where it won honors and prizes.
One year a newspaper reporter interviewed himand learned something
interesting about how hegrew his corn. The reporter discovered that
the farmer shared his seed corn with his neighbours.
"How can you afford to share your best seed cornwith your neighbours
when they are entering corn in the competition with yours each year?"
The reporter asked. "Whybother ? "
The farmer replied, "Didn't you know? The wind picks up pollen grains
from the ripening corn and swirls it from field to field. If my
neighbours grow inferior, sub-standard and poor quality corn,
cross-pollination will steadily degrade the quality of my corn. If I
have to grow good corn, I must help my neighbours to grow good corn
too."
The farmer gave a superbinsight into the connectedness of life. His
corn cannot improve unless his neighbours' corn also improves. So it
is in the other dimensions and areas of life!
Those who choose to be in harmony must help their neighbours and
colleagues to be at peace. Those who chooseto live well must help
others live well too. The value of a life is measured by the lives it
touches…
Success does not happen in isolation; it is most often a participatory
and collective process. So share the good practices, ideas and new
knowledge with your family, friends , team members and neighboursand
all. As they say: "Success breeds Success."
Author unknown
Abdullah ibn Umar (radhiyallahu anhu) narrated that the Prophet (peace
be upon him) said: �The best friend in the Sight of Allah is he who is
the well-wisher of his companions, and the bestneighbour is one who
behaves best towards his neighbours.� ( Tirmidhi

Correct Yourself First Before Asking Others

PEOPLE COMPLAINING ABOUT RAMPANT EVIL PRACTICES, degradation of
society, onslaught of vulgarity and obscenity etc. This is generally
followed by sermons on righteous path that has been neglected for a
long time. In brief it has become our national characteristic to find
faults without looking for their remedies in right earnest.
What is unfortunate and disconcerting is the perception and treatment
of the problem. Every one joins in and contributes his/her bit by
making one remark or the other on the social ills and the drift from
the religious practices. In doing so, they place all the blame on
others, absolving themselves completely. They totally forget and
ignore the fact that they are as much part of the society as others,
whom they are blaming. People indulge in this sort of discussion for
the sake ofdiscussion and criticize others for the sake of criticism.
They have little or no desire to improve the situation or bringing
change in the decaying social order. They do not have a clue of the
correcttrack or the righteous path. Neither they try to analyze the
situation nor look for the causes whichhave been instrumental for the
drift to the present day degradation.
So, what is really needed? To begin with an honest, sincere and
objective analysis of the present situation is required and then an
equally honest, sincere, and pragmatic solution isto be found to
correct the situation. Unless there is a strong will and commitment to
bring about a material change, there is little hope that we could come
out of thepresent predicament by sheer desire. No amount of sermons or
criticism for the sake of criticism can bring about any improvement in
the present situation. Hence, as the very first step we should make it
a habit never to participate in the discussions which arepurposeless
and devoid of actions and aim at criticizing others.
For analyzing the situation pragmatically, itis easy to recognize that
society is made of individuals and we are a part of it. As an
individual when we are apart of the society we areto be blamed as much
forthe degradation as anybody else, because responsibility of ills
rest on our shoulders as much. So, why not look at our own actions
instead of finding faults with others – Search the Self. It is a lot
easier to correct ourselves than to correct others. Now, at this stage
the Devil (Satan) is bound to come in the way and show hundred and one
ways to absolve oneself and batter the society. For instance, it can
be argued:
How can it help the society when only one individual mends his ways
and the rest do not change?
How can one individual correct himself in a miasmal environment?
An individual by himself as a mentor or reformer would be an outcast
and be jeered at.
An individual is likely to lose the worldly benefits if one adopts the
righteous path all by oneself.
So, the easy way out is tostay in the main stream and keep doing as
othersare doing. It definitely requires a lot of courage and
resilience to combat the Devil's designs. But once the initial shyness
isovercome, the sailing should be smooth and calm. When one could
bolster enough courage and resilience to act and act single handedly;
then is the time for soul searching and realize that what one is doing
should not be done and what one is not doing that should be done.
Thank God people generally are not in that state of mind where
theycould be naive and ignorant about the dos and don'ts. Because when
they grumble about the degradation ofsociety they surely know what
should be done andwhat not.
Therefore, the bottom line message is; correct yourself first. It is
obviousone can not correct himself completely overnight. So,
priorities have to be set and then set the ball rolling. For instance,
one may not be in the habit of offering prayers (Salah), keeping fast
(Sawm), reciting / reading Qur'an, giving obligatory charity, (Zakah),
obeying parents etc. On the other hand one might have been in the
habit of drinking, gambling, womanizing, cheating, lying, backbiting
etc. (Only a few well known dos and don'ts have been listed for
reference purpose). In such a situation one should make one's own
selection of things and lay down his priorities i.e. how to go about
leaving the don'ts and adopting the dos. One must make a beginning, no
matter how insignificant and small, but it must be with a will and
conviction so that one sticks to it. Then gradually but firmly one
should leave the don'ts and adopt the dos one byone. As one will
progress on the righteous path, one will feel the help from Allah
(swt), as He has promised in Qur'an:
وَالَّذِينَ جَاهَدُوا فِينَا لَنَهْدِيَنَّهُمْ سُبُلَنَا
"As for those who strive hard in Us (Our cause), We will surely guide
them to Our Paths (i.e. Allah's religion – Islamic Monotheism).
(29:69)
For the sake of example, if one does not pray at all, he should start
with one (Salah) at least which could be of his choice. If one does
not recite Qur'an, he can make a beginning by reciting only a few
versesdaily. Similarly, if one is ahabitual liar or backbiter,he
should try to cut down the frequency in such indulgence. Likewise, if
one indulges in accepting unlawful gratitude's (bribe) he should make
an effort to cut it down. When one makes a sincere and honest effort
to leave themunkirats (what is forbidden) and adopt theAl-Maruf (what
should bedone) and asks for Allah's(swt) help and mercy, He will Insha
Allah grant himthat.
When one changes and moulds one's life style in line with the precepts
of Islam , one will most certainly find oneself peaceful and
contended. But attainment of that exalted condition is both easy and
difficult. It is easy in the sense that Allah's (swt) help and
blessings will follow all along at every step if oneendeavors to tread
the righteous path with sincerity, zeal, conviction,and perseverance.
Also, itis difficult in the sense that one will achieve nothing if one
tries to change others before changing oneself. So, thekey to success
is that one should apply and adopt all the principles and precepts of
the Deen (Islam) in one's own day to day life and present oneself as a
model to begin with. Incidentally, by presenting oneself as a model of
that one desires others to follow, one would be emulating Rasulullah
(saw) as he never asked anyone to do or perform somethingwhich he
would not be doing himself.
Having attained the position of self modeling,one can then be in a
persuasive position to influence others. It is the law of Nature
[Allah (swt)] that every human being enjoys a sphere of influence in
which his / her opinion and advice carry weight. Rasulullah (saw) has
also pointed out toward this Divine rule and said:
كلكم راعٍ وكُلُّكُمْ مَسْؤْلٌ عَنْ رَعِيَّته – مسلم,ابواب الجهاد باب
هاجاء فى الامام
Each one of you has (control) a sphere of influence and every one will
be asked about thosewho were under his influence.
It is very true. If we look around we can see that every individual
has his/her own sphere of influence, big or small, where people within
that sphere look up and listen to him/her for advice and opinion. If
this sphere is very small; it consists of at least the family members.
Therefore, if none else, a person can at least influence his own
family members and his goal (ofinfluencing) becomes easier if his
family members see him practicing the same things which he asks them
to do. So, as the saying goes, charity begins at home; make a
beginning to influence your family members first. It is not only the
softest nut to crack, but also the religions (Deeni) duty to make
one's family members tread the righteous path. For Allah (swt) has
said in Qur'an:
يَأَيُّهَا الَّذِينَ ءَامَنُواْ قُواْ أَنفُسَكُمْ وَأَهْلِيكُمْ نَارًا
"O you who believe! Ward off yourselves and your families against a
Fire (Hell)." (66:6)
Influencing family members to follow one's advice and preaching is
much easier than convincing others to adopt his ways. Also, this is a
Sunnah, as Rasulullah(saw) did the same whenhe received the first
message from Allah (swt) i.e. he (saw) presented it to his family
members to begin with.
It is true that initially onewould face some resistance even from the
family members also. Some will adopt the change quicker than others,
some might accept the change in piecemeal; while, still others would
threaten torevolt being the members of the same family they should all
see the wisdom and truth in the righteous path and will rally around
the leader of the family sooner or later.
When the family members come along and start following the Islamic
teachings and precepts, one has succeeded in creating a small world
for oneself and the family around him. This by itself should be a
great source of the feeling of happiness and contentment . If one
could correct oneself andmake one's family members follow the precepts
of Islam, it will undoubtedly be a great achievement; an achievement
for which one could expect the mercy and blessedness ofAllah (swt) the
Almighty.
Now, if we pause a little and look back where we had started from. It
was about the complaint and criticism of others and the society for
drifting from the righteous path and indulgence in unethical and
un-Islamic deeds and actions. In thisregard all that people aredoing
is nothing more than lip service and no constructive work. By passing
judgments in thecozy atmosphere of drawing rooms, one cannot expect to
correct and alleviate the ills of society and un-Islamic way of life.
It is a futile and inane exercise with no positive or concrete
results.
So, why waste time unnecessarily with no outcome. Instead, why not do
something positive and rewarding; also, something on whichyou have
control and canexercise restrain. If one could achieve sanity and
purity of purpose through Islamic teachings and precepts in one's own
house hold, it shall indeed be a big leap forward. Those who are
genuinely concerned with the present drift from Islamic teachings can
make a beginning within their own family.
This way a number of house holds/families will emerge acting upon the
teachings and precepts of Islam. Such house holds should act as oasis
in the desert and might help others to emulate and change their way
forthe better.
Anas (ra) says: "A person who was wearing yellowcolored clothing was
sitting by Rasulullah (saw). It was the habit of Rasulullah (saw) not
to bluntly express things he did not approve of. (Therefore he kept
silent). When that personleft, Rasulullah (saw) saidto those present,
'It would have been better if you told him not to wear yellow
clothing'." (Shamaa-il Tirmidhi