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Sunday, March 3, 2013

Does being in debt mean that zakaah is no longer due? Can he delayzakaah because he has no cash available?.,Dought clear -

In our country we have been affected by war and we were expelled from
our land 23 years ago. Praise be to Allah, my father and I are settled
now and we have a business. We borrowed money in order to settle and
start a business, the value of which was 1 million. When we worked out
the value of zakaah that we owe on the property and trade goods that
wehave in our possession, it was estimated to be 7 million, and the
trade goods on which zakaah is due are worth 5 or 6 million.
My questions are:
1. Are we required to pay zakaah, as we have not paid it all these
yearsbecause we were not able to pay off the debt of 1 million? Was it
correct for us not to pay zakaah?
2. We do not have any cash now, if we are required to pay zakaah. We
helped a brother of ours to pay off a debt heowed, so that he could
pay off the borrowed amount without paying the interest that had been
agreed upon. Is it possible for us to waive this debt and thus pay off
the zakaah that we owe?
3. We own some property in the country where the war was, that we took
possession of after the war ended, andwe are planning to sell this
property in order to pay off debts and so thatwe can buy a house in
the place where we live now. Is this property subject to zakaah?.
Praise be to Allah.
Firstly:
Zakaah is due on trade goods according to the correct scholarly
opinion. Whatever has been prepared for trade is subject to zakaah if
it reaches the nisaab or minimum threshold and one hijri year has
passedsince the capital was acquired.
Secondly:
According to the correct scholarly view, debt does not mean that
zakaah is waived. If a person owns the minimum threshold and one hijri
year has passed, he must pay his zakaah, even if he owes a debt that
brings his wealth lower than the minimum threshold. But if he pays off
his debts before the new zakaah year begins, and his wealth falls
below the minimum threshold, then he does not have topay anything.
See the answer to question no. 109896
Thirdly:
Based on the above, you have to pay zakaah for the years during which
you did not pay zakaah when it was due from you. The fact that you did
not know that debt does not waive the obligation of zakaah does not
cancel out the obligation that was due from the wealth, even if it
does mean that the burden of sin for not paying zakaah on time
iswaived.
Fourthly:
If a person lends money to someone, he does nothave the right to let
him off and count it as part of his zakaah. This is the view of the
majority of scholars. So you do not have the right to count what you
lent to this person as being part of your zakaah. But if you gave him
the zakaah of your wealth, and he returned it to you in order to pay
off his debt or part of it, there is no blame on you for that.
See the answer to question no. 13901 . Based on that, it is not
permissible for you to count what you lent to this man as part of your
zakaah.
Fifthly:
If zakaah is due from a person and he does not have any cash with
which to pay the zakaah,then he has the choice: either he can sell
some of the wealth on which zakaah is due and pay the zakaah; or he
can give some of the trade goods that he has that are equal in value
to the zakaah he owes, if thosegoods are things that will be of
benefit to the poor, such as food, clothing and so on; or this zakaah
may remain something that he owes until he acquires cash with which to
pay zakaah, if selling something on which zakaah is due will affect
him adversely. See the answer to question no. 177963
Sixthly:
With regard to the property in the land where war occurred, if you
could not dispose of it or reach it because of the war, no zakaah is
due on it for the past period, because it comesunder the ruling on
property that was usurped and could not be disposed of. But as you
have been able to obtain it and dispose of it, then to be on the safe
side you should pay zakaah of one year on it for what has passed, even
if it was many years. See the answer to question no. 129657
All of this applies if this wealth was things on which zakaah is due
in the first place, such as cash, gold, silver and thelike. As for
property suchas agricultural land and real estate, there is no zakaah
on that at all; rather zakaah is due on the crops and returns. During
wartime, there were no crops or returns.
And Allah knows best.

She is going to go to Jeddah and she does nothave any firm intention to do ‘umrah; from where should she enter ihram if she does decide to do ‘umrah?.,Dought clear -

I am currently living in Canada for the purpose of study, but my
permanent place of residence is between Jeddah and Amman. When I
stayed in Ammanduring the summer break, I decided to go toJeddah to
deal with some official papers, andI intended to do 'umrah if Allah
made that possible for me and if I had a mahram and enough time to do
'umrah. I intended to do 'umrah from Jeddah because my mahram would be
there. But because I was not certain that I would be able to do
'umrah, on the day I travelled by plane I did not do ghusl, because I
was menstruating and I had not yet decided to do 'umrah. When I got
there on the second day I did ghusl and formed the intention to do
'umrah from Jeddah, and I did it.
My questions are:
Is my ihram from the miqaat of Jeddah considered valid or not? Because
of my family circumstances, we are always moving back andforth between
Jeddah and Amman, and we always enter ihram fromour house in Jeddah,
even if we are on our way back from a trip to Amman and after
stayingin Jeddah for several days. We do not remember how many times
we have done 'umrah in this manner.
What is required of us if we should have entered ihram from the miqaat
for the people of ash-Shaam (Greater Syria)? After I did 'umrahI was
uncertain as to whether I was completely clean following my period. If
I think it most likely that I was still menstruating whilst I was
doing 'umrah, what is the ruling on my 'umrah andwhat expiation do I
haveto offer?.
Praise be to Allah.
Firstly:
If a person passes the miqaat intending to do Hajj or 'umrah, it is
not permissible for him to pass it without entering ihram, because of
the report narrated by Ibn 'Abbaas (may Allah be pleased with him) who
said: The Messenger of Allaah (peace and blessings of Allaah be upon
him) defined the meeqaat of the people of Madeenah as Dhu'l-Hulayfah;
that of the people of Shaam (Syria) as al-Juhfah; that of the people
of Najd as Qarn al-Manaazil; and that of the people of Yemen as
Yalamlam. And he said: "And these miqaats are for the people at those
very places, and besides them for those who come through those places,
and are not residents thereof, with the intention of performing Hajj
and 'Umrah; and whoever is living within these boundaries can enter
ihraam from the place where he lives, and the people of Makkah can
start from Makkah."
Narrated by al-Bukhaari,1526; Muslim, 1181
An-Nawawi (may Allah have mercy on him) said:ash-Shaafa'i and our
companions said: If the one who has come from far away comes to the
miqaat intending to perform Hajj or 'Umrah or qiraan (i.e., both), it
isharaam for him to pass itwithout entering ihram, according to
scholarly consensus.
End quote from al-Majmoo', 7/214
But if he passed the miqaat without intending to do Hajj or 'umrah, or
he was not sure and had not yet made up his mind, then he decided to
do 'umrahafter passing the miqaat,he should enter ihram from the place
where hedecided to do 'umrah, unless he is in Makkah, in which case he
should go outside of the Haram zone then enter ihram for 'umrah from
there.
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said, commenting on
the hadeeth of Ibn 'Abbaas quoted above:
From this we understandthat if a person travels without the intention
of doing Hajj or 'umrah and he passes the miqaat, then after that he
decides to do Hajj or 'umrah, he should enter ihram from the place
where he decided to do Hajj or 'umrah, and he does not have to go back
to the miqaat, because the Prophet (blessings and peace of Allah be
upon him) said: "from the place he sets out".
End quote from Fath al-Baari
Shaykh Muhammad al-Mukhtaar ash-Shanqeeti (may Allah preserve him) said:
The second scenario: if he went to Jeddah and was hesitant, thinking:
I do not know if I will have enough time or not, then in such cases it
is permissible for him not to enter ihram at themiqaat of Madinah.
For example: there is a person who has some business to do in Jeddah
and he does not know whether he will have enough time to do 'umrah or
not. If he is not sure about the time, it is permissible for him to go
to Jeddah without ihram, and do what he needs to in Jeddah, then enter
ihram from Jeddahif he decides to go to 'umrah from there, because the
Prophet (blessings and peace of Allah be upon him) said: "and whoever
is living within these boundaries can enter ihraam from the place he
decides (to do 'umrah)."
This applies to the one who does not have the clear intention of
performing 'umrah fromMadinah, so he is uncertain and hesitant; he
does not have to enter ihram until he is certain that he is going to
do 'umrah.
End quote from Sharh Zaad al-Mustaqni'.
Shaykh 'Abd al-'Azeez ibn 'Abdullah ibn Aal ash-Shaykh (may Allah
preserve him) was asked:
My colleagues and I were sent to Jeddah to do work for Hajj for two
months. Some of us put our ihram in our cars or suitcases, then when
we found some free time we intended to do 'Umrah and entered ihram
from Jeddah. Is this permissible, or do we have to go to the miqaat of
as-Sayl and enter ihram from there?
He replied: If you had decided to do 'umrah before travelling, and
from the time you started your journey to Jeddah your intention was to
do 'umrah, then what you have to do is enter ihram from the miqaat,
because the intention to do 'umrah had already been formed. But if the
decision to do 'umrah was not made until afteryou had settled in
Jeddah, then you should enter ihram from Jeddah.
But if your intention wasnot fixed, in the sense that you were not
sure, then this uncertainty means that you had not firmly decided to
do 'umrah. Based on that, if you made your mind up when you were
closer (to Makkah) than the miqaat, you can enter ihram from the place
where you formed your intention. And Allah knows best.
End quote from Majallat al-Buhooth al-Islamiyyah, 60/95
Secondly:
If a person passes the miqaat, intending to do Hajj or 'umrah, then he
does not enter ihram from the miqaat, he has to go back to the
miqaatthat he passed and enterihram from there. If he does not go
back, he hasto offer a sacrifice for each time that he passedit.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked about a person
who was obligedto offer a sacrifice because he entered ihram from
Jeddah after passing the miqaat, and he has made this mistake several
times – what does he have to do? Should he offer one sacrifice and
will that be sufficient, or is the answer something otherthan that?
He replied: He has to offer a sacrifice for each occasion, to be
slaughtered in Makkah for the poor, if he passed the miqaat intending
to do Hajj or 'umrah, then he entered ihram from Jeddah. One seventh
of a camel or one seventh of a cow is acceptable as a sacrifice for
that. He also has to repent to Allah, may He be glorified, from that,
because it is not permissible for a Muslim to pass the miqaat,
intending to do Hajj or 'Umrah, without entering ihraam, because the
Prophet (blessings and peace of Allah be upon him) said: "And these
miqaats are for the people at those very places, and besides them for
those who come through those places, and are not residents thereof,
with the intention of performing Hajj and 'Umrah"; and because Ibn
'Abbaas (may Allah be pleased with him) said: Whoever omits a ritual
(of Hajj or 'umrah) or forgets it, let him offer a sacrifice.
End quote from Majmoo'al-Fataawa, 17/12
He has to try hard to remember how many times he has to offer
sacrifices for, until he thinks it most likely that he has discharged
his duty.
Thirdly:
If a woman sees the tuhr(signal of the end of menses) that she usually
sees at the end of her period, whether that is complete dryness or the
white discharge, whatever usually signals the end of her period, and
she purifies herself and does tawaaf (circumambulation of the Ka'bah)
and sa'i (going between as-Safa and al-Marwah), or praysand fasts,
then after thatshe becomes uncertain about the state of purity on
which she based those acts of worship, she should not pay any
attention to that uncertainty and she does not have to do anything,
because uncertainty after completing an act of worship does not have
any impact, so long as she started it when she was certain about her
situation, on the basis ofwhat she usually sees at the end of her
menses.
But if she was hasty and was not sure whether her menses had ended
before she started 'umrah, and she did not sees what she usually sees
every time her period ends, then after that she began to doubt whether
her menses hadended, as is the case in this question, then her 'umrah
is not complete, because the basic principle is that she was still
menstruating and she did not know whether her period has ended. So she
has to avoid all the things that are prohibited during ihram, the most
important of which is intercourse with her husband, because she is
still in a state of ihram until she goes back to Makkah, does tawaaf
and saa'i, and cuts her hair, then exits her ihram.
If she did any of the actions that are prohibited during ihrambefore
that, she is excused for them because she thought that her 'umrah had
ended.
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said: With regard
to what she has done of the things that are prohibited (during ihram),
let us assume that her husband had intercourse with her, and
intercourse during ihram is the most seriousof the prohibited actions;
however there is no blame on her because she was unaware of the
ruling. Ifa person does one of theactions that are prohibited during
ihramout of ignorance or because he forgot or was forced to do it,
there is no blame on him.
End quote from Majmoo'al-Fataawa, 21/351
And Allah knows best.

The young man who learned what cannot be taught,Islamic Stories, -

Once upon a time, there lived in Basra an old man whose only
occupation was caring for and loving his only son who was a handsome
young man. The old man invested all his money on his son's education.
The young man went away for a few years and acquired an education at a
well known university under the great scholars of thatage.
The day had arrived for the son to return from his studies and the old
man waited at the door for his son. When the son came and met his
father, the old man looked into his eyes and felt great
disappointment. "What have you learnt my son?" he asked, "I have
learnt everything there was to be learnt, father",he said. "But have
you learnt what cannot be taught?" asked the father. "Go, my son and
learn what cannot be taught", said the old man.
The young man went back to his master and asked him to teach him what
cannot be taught.
"Go away to the mountains with these four hundred sheep and come back
when they are one thousand", said the master.
The young man went to the mountains and became a shepherd. There for
the first time he encountered a silence. He had no one totalk to. The
sheep did not understand his language. In his desperation, he would
talk to them but they would look back at him as if to say he was
stupid. Slowly but surely he began to forget all his worldly
knowledge, his ego, his pride and hebecame quiet like the sheep and
great wisdomand humility came to him.
At the end of two years when the number of sheep had grown to
onethousand, he returned to his master and fell on his feet. "Now you
have learnt what cannot be taught," said the master.
NB. It is interesting to note that the Nabis of Allah Taala (Alayhimus
salaam) at some time in their lives, generally before Nubuwwat, tended
to sheep, and other such animals.

Islamic Stories, - Ibrahim ibn Adham and the man who didn't disobey Allah again

A man came to Ibrahim ibn Adham, may Allah be pleased with him, and
said, "Abu Ishaq, I am unable to control myself.Please give me
something to help me with it"
"If you accept five conditions," said Ibrahim, "and are able to put
them into practice, your disobedience will not cause you any problem."
"Just tell me what they are, Abu Ishaq!" the mansaid. "The first is
that when you want to disobey Allah you do noteat anything He
provides." "Then how will I get anything to eat? Everything on the
earth is from Him!" "So isit right to eat His provision and disobey
Him at the same time?" replied Ibrahim.
"No, it is not. What is thesecond condition?""When you want to disobey
him, move off His land."
"That is even more difficult! Exclaimed the man. "In that case
wherewill I live?"
"Is it right to eat his provision and live on His land and then to
disobeyHim?" asked Ibrahim."No, it is not."
"What is the third condition?" "When you want to disobey Him in spite
of eating His provision and living on His land, find a place where He
will not see you and disobey Him there."
"What do you mean, Ibrahim? He knows everything that happenseven in
the most hidden places!" "So is it right to disobey Him when you eat
His provision and liveon His land and when you know that He can see
everything you do?""It certainly is not!" the man replied.
"Tell me the fourth condition." "That when the Angel of Death arrives
to take your soul,you say to him, 'Give me a reprieve so that I can
repent and act righteously for Allah.'"
"But he won't listen to me!" "Then if you cannotward off death long
enough to give yourself time to repent, and you know that when it
comes there will be no reprieve, how can you hope to be saved?"
"What is the fifth?" "Thatwhen the angels of the Fire come to you to
take you to the Fire, you do not go with them.""They will take me
whether I like it or not!" exclaimed the man.
"So how can you hope to be saved?"
"Enough, enough, Ibrahim! I ask Allah's forgiveness and I turn toHim!"
The man's repentance was sincere and from that time on he was
assiduous in his worship and avoided acts of disobedience until the
day he died.