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Thursday, February 21, 2013

Dought & clear,- Ruling on khul‘ during menses; should the menstrual cycle during which the khul‘ occurredbe counted?.

I was given a 2nd talaaq by my husband in January after I came off my
menstrual cycle. I then started my iddah period. I did not have
another cycle until March and then not again until last week. I spoke
to an imam about my situation as my husband has been abusive and
oppressive since the start of our marriage and advised I seek a khula,
which my husband agreed to. I am confused because I was on my menses
when he released me by khul and I was already going through my iddah
from his talaaq. What is the status of my divorce? This is very
stressful for me and I do not know what I am doing.
Praise be to Allah.
Firstly:
When a woman's husband divorces her (talaaq), she should count three
menstrual cycles if she is one of those who menstruate and she is not
pregnant, according to scholarly consensus, because Allah, may He be
exalted,says (interpretation of the meaning):
"And divorced women shall wait (as regards their marriage) for
threemenstrual periods"
[al-Baqarah 2:228].
But if the separation occurs as the result of something other than
talaaq, such as khul' or annulment of the marriage, then she should
observe 'iddah for one menstrual cycle, according to the correct
scholarly view. This has been discussed previously in the answerto
question no. 5163.
Secondly:
If a man divorces his wife (by talaaq), and during her 'iddah she asks
for khul' and he responds to her request, it is valid, because she is
still his wife.
Ibn Qudaamah (may Allah have mercy on him) said: The woman who is
revocably divorced (first or second talaaq) is still a wife and a
subsequent talaaq (divorce), zihaar (a jaahili form of divorce inwhich
the husband says to his wife, 'You are to me like my mother's back'),
eela' (an oath notto have sexual relations with one's wife) and li'aan
(a procedure in which the husband formally accuses his wifeof adultery
and she formally denies the charge, and each invokes the curse of
Allah upon him or herself if he or she is lying) are all valid; and
one of them may inherit from the other, according to scholarly
consensus; and if he separates from her by means of khul', his khul'
is valid.
End quote from al-Mughni, 7/400
The khul' is valid even if she is menstruating, because khul'can only
occur at the request of the wife because of what she is faced with
ofbad treatment on the husband's part. So it is permissible for it to
occur at the time of menses in order to put an end to harm (caused by
the husband's mistreatment).
Ibn Qudaamah (may Allah have mercy on him) said: There is nothing
wrong with khul' at the time of menses or during a period of purity in
which the husband has had intercourse with her. The prohibition on
talaaq at the time of menses is because of theharm that may affect
thewife due to making the 'iddah longer. But khul' is for the purpose
of putting an end to harm that she is suffering because of bad
treatment and staying with one whom she hates and resents, whichis
greater than the harm caused by making the 'iddah longer. So it is
permissible to ward off the greater harm by means of the lesser. Hence
the Prophet (blessings and peace of Allah be upon him) did not ask the
woman who separated from her husband by means of khul' about her
situation, because the khul' that could lead to making the 'iddah
longer happened at her request, which indicates that she gave her
consent and proves that it was in her interests. End quote from
al-Mughni, 7/247
Al-Baghawi (may Allah have mercy on him) said:Khul' at the time of
menses or during a period of purity in which the husband has had
intercourse with heris not bid'ah (an innovation), because theProphet
(blessings and peace of Allah be upon him) gave permission to Thaabit
ibn Qays to separate from his wife by means of khul' without knowing
about her situation (regarding menses etc). Were it not that it is
permissible in all circumstances, he would probably have asked about
her situation.
End quote from Ma'aalimat-Tanzeel, 8/148
It says in al-Mawsoo'ah al-Fiqhiyyah, 8/326: The majority of fuqaha' –
Hanafis, Shaafa'is and Hanbalis – are of the view that khul' at the
time of menses is permissible, because of the general meaning of the
words of Allah, may He be exalted (interpretation of the meaning):
"then there is no sin on either of them if she gives back (the Mahr or
a part of it) for her Al-Khul' (divorce)" [al-Baqarah 2:229].
And because she has a need to put an end to her suffering by
separating from her husband, as she is offering to give up wealth for
that purpose.
The Maalikis, according to their well-known opinion, are of the view
that khul' is not allowed during the woman's period. End quote.
See also Badaa'i' as-Sanaa'i', 3/96; at-Taaj wa'l-Ikleel Sharh
Mukhtasar Khaleel, 5/304; Mughni al-Muhtaaj, 4/498
Once it is established that khul' at the time of menses is
permissible, the woman who has been divorced by means of khul' does
not finish her 'iddah when she becomes pure from the menstrual period
duringwhich the khul' occurred. Rather she must go through another
menstrual cycle, then become pure and do ghusl; then her 'iddah will
have ended, because the period during which the khul' occurred was not
a complete menstrual cycle, and 'iddah has to be a complete
menstrualcycle.
Ibn Qudaamah (may Allah have mercy on him) said: The menstrual cycle
during which she was divorced (talaaq) does not count as part ofher
'iddah, and there is no difference of opinionamong the scholars
concerning that, because Allah, may He beexalted, has commandedthat
she wait for three menstrual cycles, so it includes three complete
cycles; the cycle during which she was divorced does not count because
it is only part of a cycle. End quote.
And Allah knows best

Dought & clear,- Ruling on distributing leaflets and pamphlets that contain Qur’anic verses for da‘wah purposes to non-Muslims.

My question is regardingdistributing leaflets/pamphlets for dawah
purposes that contain Quranic verses. Itis likely that many of them
will end up on the streets or bins after being distributed. Isnt this
wrong and should this discourage us givingout such material? Also, is
this ok, considering that the targeted recipients are non-muslims who
are impure?
Praise be to Allah.
Firstly:
Distributing leaflets and pamphlets for da'wah purposes is a good deed
and is calling people to Allah. It is something from which many
peoplebenefit, especially non-Muslims. It is a means of spreading the
religion of Allah, establishing proof for them and leaving no excuse
for them, and conveying to them the message of their Lord. But this
work should be done in a thoughtful manner, following guidelines and
methods through which the aim may be achieved in an appropriate manner
without going against the rulings of Islam.
Secondly:
Leaflets and pamphlets for da'wah purposes that contain Qur'anic
verses do not come under the same rulings as the Mushaf, and the one
who touches them cannot be said to have touched the Mushaf, because
the Qur'anic material in them is mixed with other material. So they
come under the same ruling asthe ruling on books of fiqh, tafseer and
the like,and it is permissible for a non-believer or one who is in a
state of impurity to touch them.
Ibn Qudaamah (may Allah have mercy on him) said:
With regard to the verse that the Prophet (blessings and peace of
Allah be upon him) wrote – i.e., to Heraclius – his intention thereby
was to correspond, and a verse in a letter or a book of fiqh and the
likedoes not come under theprohibition on touching it, and the book or
letterdoes not become a Mushaf.
End quote from al-Mughni, 1/109
Shaykh Ibn Baaz (may Allah have mercy on him) said:
Some of the scholars are of the view that it is permissible for a
non-believer to touch the Mushaf if there is thehope that he will
become a Muslim. They quoted as evidence for that the fact that the
Prophet (blessings and peace of Allah be upon him) wrote to Heraclius,
the ruler of Byzantium, (a letter containing) the verse in which
Allah, may He be glorified and exalted, says (interpretation of the
meaning): "Say (O Muhammad SAW): 'O people of the Scripture (Jews and
Christians): Come to a word that is just between us and you" [Aal
'Imraan 3:64]. They said: This verse is a verse of the Book of Allah
that he wrote to Heraclius. But the correctview is that this is not
proof; rather it only indicates that it is permissible to write one or
two verses of the Book of Allah. As for handing over the entire Mushaf
(to a non-Muslim), it is not proven that the Prophet (blessings and
peace of Allah be upon him) did that.
End quote from Majmoo'Fataawa Ibn Baaz, 24/340-341
Thirdly:
If these books or leaflets are translated into another language,
otherthan Arabic, then the matter is easier. It does not matter if the
non-believer touches a translation of the meanings of the Holy Qur'an
into a language other than Arabic, even if it is a translation of an
entire soorah, because the translation is an interpretation of the
meanings of the Qur'an, and it does not come under the same rulings as
the Qur'an. The non-believer is not forbidden to touch books of
tafseer or Islamic knowledge, unless he is doing so by way of
mishandling them or showing disrespect. See the answer to question no.
119323 .
To sum up:
There is nothing wrong with distributing these leaflets and pamphlets
for da'wah purposes, even if they contain some verses of the Holy
Qur'an or hadeeths of the Prophet (blessings and peace of Allah be
upon him), and there is nothing wrong with allowing the non-believer
to touch them and read them, because of the great interests that are
served by that, of acquainting him with the religion of Allah, and
establishing proof for him and leaving him with no excuse by conveying
the message. The interests ofconveying the message to him in the hope
that he might become Muslimtake precedence over the possible negative
consequences of allowing him to touch them and handle them.
Disallowing the printing of these books and leaflets that are aimed
atnon-Muslims would cancel out a great deal of good and impose
restrictions on the means of calling non-Muslims to Allah.
With regard to throwingthese leaflets into the trash, it is not
permissible according toIslam, but it is only haraam for the one who
does that action himself. As for the one who prints and distributes
these leaflets and spendson that, he will have (thereward of) his good
deeds and is not responsible for the actions of others.
See the answer to question no. 39376
If it is possible to write on them a request not tothrow them on the
ground or the like, or asking the reader to leave them in an
appropriate place, that would be a good idea.

And Allah knows best.

The man who plucked out his eye

The man who plucked out his eye
Ka'ab relates, once at thetime of Prophet Musa (AS), there was a
drought. The Bani Israeel asked him to prayfor rain. Prophet Musa told
them to come with him to the mountain. When they climbed the mountain
he said to his people, "Whoever has commited a sin? then do not follow
me." They all turned back down the mountain except for oneman. He was
blind from one eye and known to the people as Barkh. Prophet Musa
asked him,"Did you not hear what Isaid?" "Yes" he replied. Prophet
Musa asked again, "Have you never commited a sin?" Barkh paused and
then replied,"I cannot remember commiting a sin except for one, but I
do not know whether it is regarded as a sin. I will mention in to you
and if it is a sin I shall return." Prophet Musa enquired,"What is
it?" Barkh replied, "Once I happened to pass the door of a house which
was open. I glanced in and saw somebody, but Iwas not able to tell
whether it was a man or a woman. I said to my eye, 'Out of my whole
body you hurried to commit a sin, you cannotremain with me anymore',
so I plucked out my eye. If this is a sin, I will return." Prophet
Musa assured him that he had not sinned and then told him to pray for
rain. They prayed to Allah, "OhAlmighty, whatever you have does not
finish. There is no end to your treasures; you cannot beaccused of
being miserly. Oh Allah show usyour mercy and send forth rain." The
narrator states that they both walked home in the mud.

Why bitter fruits were sweet to Ayyaz

There was a famous ruler by the name SultanMahmud and he had a slave
called Ayyaz. SultanMahmud loved Ayyaz very much because of hisgreat
wisdom. From timeto time, Sultan would test Ayyaz with various things
to see how much love Ayyaz had for him. One day, Sultan Mahmudgathered
the most bitterfruits from his garden and called Ayyaz. Sultan told
Ayyaz to eat them. Ayyaz took the fruits in his hands and kissed them
and then started eating them without anyhesitation. Sultan observed
that Ayyaz was eating the fruits with great pleasure and the bitter
taste was not affecting him in any way. Now Sultan started thinking
that he might've picked the wrong fruits, so, he tookone of the fruits
from Ayyaz to find out. As soon as Sultan took a bite, he was
overwhelmed by the bitterness of the fruit and started screaming for
water. When Sultan settled down, he asked Ayyaz why he was unaffected
by the fruits. Ayyaz said "You only see the bitterness of the fruits
but you don't see the one who gave them to me? They were given to me
by the king himself!"
My dear friends, today we find some commandments of Allah to be bitter
and hard to follow. However, we should rather follow them with great
love because they were givento us by the King of all kings, Allah.