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Monday, March 4, 2013

The Explanation of Soorat Al-Bayyinah (Clear Evidence) - I

In the Name of Allaah, the Most Beneficent, the Most Merciful
1. Those who disbelieved among the People of the Scripture and the
polytheists were not to be parted [from disbelief] until therecame to
them clear evidence —
2. A Messenger from Allaah, reciting purified scriptures.
3. Within which are correct writings [i.e. rulings and laws].
4. Nor did those who were given the Scripture become divided until
after there had come to them clear evidence.
5. And they were not commanded except to worship Allaah, [being]
sincere to Him in religion, inclining to truth, and toestablish prayer
and to give Zakaah (alms). And that is the correct religion.
As for the People of the Scripture they are the Jews and Christians,
while the polytheists are those who worship idols and fire from
amongst the Arabs and the non-Arabs. Mujaahid said: " were not to be
parted " means that they (the People of the Scripture) will not cease
until the Clear Evidence came to them. What the 'Clear Evidence' is,
is explained by the following verse (which means): " A Messenger from
Allaah, reciting purified scriptures ", That is, Muhammad, sallAllaahu
alayhi wa sallam, and that which he recites from the Noble Quran,
which was copied by the Heavenly Host (i.e., the angels), on purified
sheets, as in the Words of Allaah (which mean) :
"[It is recorded] in honored sheets, exalted and purified, [carried]
by the hands of messenger-angels, noble and dutiful. " [Quran
80:13-16]
" Within which are correct writings [i.e., rulings and laws] ."
Ibn Jareer said: "It means that amongst the purified scriptures are
Scriptures from theBooks of Allaah, of inestimable value, full of
justice, perfectly correct, without any error, because they are from
Allaah, theAlmighty, the All-Powerful."
Qataadah said: " A Messengerfrom Allaah, reciting purified scriptures
" means that the Quranis mentioned with the best description and that
Allaah extolsit in the most laudatory terms."
Ibn Zayd said, concerning theverse (which means): " Within which are
correct writings " : "It means correct and fair. I say: The Words of
Him, the Most High: " Nor did those who were given the Scripture
become divided until after there had come to them clear evidence " are
like His Words (which mean) : " And do not be like the ones who became
divided and differed after the clear proofs had come to them. And
those will have a great punishment ." [Quran 3: 105] Thatis, the
communities (the People of the Books) before us, after Allaah, the
Exalted, revealed to them proofs and clear signs, became divided and
disputed amongst themselves as to what was required of them by Allaah,
the Most High, in their revealed books. They became involved in major
differences as is made clear by the Hadeeth (narration) in which the
Prophet, sallAllaahu alayhi wa sallam, said: "Verily, theJews are
divided into seventy-onedifferent sects, and verily, the Christians
are divided into seventy-two sects, and verily, my community will be
divided into seventy-three different sects - all of whom will be in
the Hell-Fire except one." His Companions asked: "And who are they, O,
Messenger of Allaah?" He, sallAllaahu alayhi wa sallam, replied:
"Those who follow the path of me and my Companions ."
And they were not commanded except to worship Allaah, [being] sincere
to Him in religion, inclining to truth… " This is like Allaah's Words
(which mean) : "And We sent not before you any messenger except that
We revealed to him that, there is no deity except Me, so worship Me. "
[Quran 21: 25] For this reason, Allaah Says (which means): " inclining
to truth " that is, professing and practicing the True Religion
(Islamic Monotheism) without associatingany partners with Allaah, as
in HisWords (which mean) : "And We certainly sent into every nation a
messenger, [saying] 'Worship Allaah and avoid false deities.' " [Quran
16: 36]
" and to establish prayer " - whichis the most noble of all physical
activities .
"and to give Zakaah (alms) " - which is to be charitable towardsthe
poor and the needy .
" And that is the correct religion ."
That is the True, the Correct, and the Just Faith - to belong to the
most upright, religious community - a moderate community. Many
scholars, including Az-Zuhri and Ash-Shaafi'i have concluded from this
verse that true faith must include action (not just belief in the
heart), and for this reason, Allaah, the Exalted, Says (what means):
"And they were not commanded except to worship Allaah, [being] sincere
to Him in religion, inclining to truth, and to establish prayer and to
give Zakaah (alms). And that is the correct religion . " :

The Sacred months

Allaah Almighty Says (what means): "Indeed, the number of months with
Allaah is twelve (lunar) months in the register of Allaah (from) the
day He created the heavens and the earth; ofthese, four are sacred.
That is the correct religion (i.e. way), so do not wrong yourselves
during them. And fight against the disbelievers collectively as they
fight against you collectively. And know that Allaah is with the
righteous (who fear Him)" [Quran 9: 36]
It is with the wisdom of Allaah that He favored some months over
others, like favoring the month of Ramadhaan over all other months,
because it is the month of mercy, the month of Quran, the month of
forgiveness and freeing of people from the Fire. Itis a month which
people glorified during the pre-Islamic period as well, and after
Islam it became even more glorified.
Moreover, the month of Muharram (which means forbidden in Arabic) was
called that because the Arabs used to forbid fighting during it. Safar
(which means zero in Arabic) was given this name because the Arabs
used to loot all the property of the enemy after defeating them in
battle (i.e. they left nothing behind). Rabee' Al-Awwal (which means
graze in Arabic) because they used to graze their cattle during this
month. Jumaadaa (which means solid in Arabic) was giventhis name
because water used to freeze during thismonth. Rajab (which means
remove in Arabic) was given this name because the Arabs used to remove
the heads of their spears and refrain from fighting. Sha'baan (which
is anything positioned between two things in Arabic) was given this
name because it comes between Ramadhaan and Rajab. Ramadhaan (which
means heat in Arabic) was given this name because of the hot
temperature and excessive heat of the sun during this month. Shawwaal
(which means raise in Arabic) was giventhis name because she camels
would raise their tails when they became pregnant. Thul-Qi'dah (which
means sitting in Arabic) was given this name because it was the month
during which theywould sit and stop fighting. Thul-Hijjah (which
refers to Hajj in Arabic) was given this name because it was the month
during which theyperformed Hajj.
In the abovementioned verse, Allaah informs us that since He created
the Heavens and earth, and created days and nights, and made the sun
and the moon, each float in an orbit, as a result of which the
darkness of nights and the light of days occur. It was from that time
that Allaah had set the months to be twelve, and He, Almighty,
informed us that He, Almighty, designated four of them to be sacred.
We must respect the sanctity of these sacred months, by adhering to
the commandments of Allaah, and rejecting that which the people of the
pre-Islamic period were upon, like delaying the restrictions of these
months or changing theirsequence. It is for this reason that the
Prophet said in his farewell pilgrimage: "O People! Time has gone back
to how it was at the time Allaah created the Heavens and the Earth. A
year has twelve months, four of which are sacred, three consecutive,
Thul-Qi'dah, Thul-Hijjah, Muharram, and Rajab, which comes between
Jumaadaa and Sha'baan." [Al-Bukhaari]
The words (which mean) "…when He created the Heavens and earth…"
[Quran 9: 36] are to clarify that the decree of Allaah took place very
early on, and that He set the months, named them and sequenced them
when He created the Heavens and the earth, then He revealed this upon
His Prophets withinthe divined Books.
The verse is informing us that the ruling of these months will remain
(names, sequence and sacredness), and the changes made by the
disbelievers to the sequence would have no effect. Moreover, whatever
the disbelievers had changedcould not change what Allaah had decreed.
This verse also indicates that it is compulsory to base acts of
worship and Islamic rulings on these months, and not the onesthe
Christians use. Therefore, it is not fit for a Muslim to prefer using
these Roman or Christian months over these Arabic(named) months.
They are: Thul-Qi'dah, Thul-Hijjah, Muharram, and Rajab which is
between Jumaadaa Al-Aakhirah and Sah'baan. It was also called Rajab of
Mudhar, because the tribe of Mudhar used to adhere to its sacredness,
while another tribe by the name of Rabee'ah Ibn Nizaar used to change
sacredness of Rajab to Ramadhaan. In order to lift this confusion the
Prophet said: "Rajab, which comes between Jumaadaa and Sah'baan".
Allaah Says in the same verse (which means): "…that is the right
religion" meaning, this Sharee'ah (Islamic law) and obedience therein,
isthe right and straight path. Then Allaah continues Saying that
(which means): "Do not wrong (oppress) yourselves therein" [Quran 9:
36] which is referring to all months ofthe year but the sacred months
hold a special position which makes oppressing oneself greater, just
as Allaah Says (what means): "no sexual relation (with spouse), no
sinning, nor unjust dispute" [Quran 9: 36] and this certainly does not
indicate that one can sin other than the time of Hajj but it is to
reflect the greatness ofsinning during its rituals.
Do not wrong (oppress) yourselves by fighting and committing sins,
because when Allaah honors something for one reason, it becomes that
much honored, but when He honors for two or more reasons, then
sacredness becomes more, and punishment for disobedience is multiplied
accordingly. For example, one who obeys Allaah during the sacred
months in the sacred area will receive more reward than obeying Allaah
during other months, and the one who obeys Allaah during months other
than the sacred months outside the sacred area will receive less
reward than he who obeys Allaahinside the sacred area. Allaah gave an
indicationto this in His Saying (which means): "O wives of the
Prophet, whoever of you should commit a clear immorality – for herthe
punishment will be doubled two fold, and ever is that for Allaah,
easy." [Quran 33:30]

The company gave him some money to buy a computer to develop his skills at work; is it permissible for him to sell it and make use of the money?.,Dought clear -

I am an engineer working for a company. One of the perks that I get in
return for my work is a sum of money to compensate me for what I have
spent on updating my engineering skills, such as conferences and
books. If I do not use themoney during one year, the company keeps the
money. The company also allows me, as a one-off, to buy a computer
without stipulating any maximum limit on the price of this computer.
Some of my colleagues who have the same perks bought a computer and
gave the invoice to the company to show that they bought this
computer, then they returned the computer to the store and took the
money andkept it. Is it permissible for me to do the same thing?.
Praise be to Allah.
It is not permissible for you to make use of this money except in
accordance with the conditions stipulated by those who are in charge
of your work, which is buying a computer and using it as they have
stipulated to update your engineering skills and so on. It is not
permissible for you to buy the computer and give the invoice to the
company, then return the computer to the store and take its price, as
your colleagues have done. That is for the following reasons:
1.
This is contrary to the conditions on the basis of which you took this
money, and it is not permissible, because anycondition that does not
permit something prohibited or prohibit something permissible must be
fulfilled, because the Prophet (blessings and peace of Allah be upon
him) said: "The Muslims are bound by their conditions." Narrated by
Abu Dawod, 3594; classed as saheeh by al-Albaani in Saheeh Abi Dawood.
2.
This is regarded as deceit, lying and using tricks to consume people's
wealth unlawfully, because you are making them think that you have
bought the computer when in fact you have returned itand taken its
price. Deceit and lying are both haraam according to the laws of
Allah, may He be glorified.
3.
It is proven that the Messenger of Allah (blessings and peace of Allah
be upon him) said: "It is not permissible (to take) the wealth of a
man unless he gives it willingly."
Narrated by Ahmad, 20172); classed as saheeh by al-Albaani in Saheeh
al-Jaami', 7662.
It is certain that if those who are in charge of thecompany knew that
you had taken this money and not bought a computer with it, they would
not approve of that.
4.
In most cases the company only stipulates that their employees should
buy these computers for the benefit of the company, by raising the
standards of the employees, updating the computers that they use, and
other things that will benefit the company and its productivity and
efficiency. This is like what is called in sharee'ah a gift given with
the expectation of some return, which is when one person gives agift
to another in the hope that he will compensate him for it, which is a
kind of gift with conditions or a gift that brings a reward. In the
case of this kind of gift, if the giver does notget what he intended
of returns or the recipient does not adhere to the conditions
stipulated by the giver, the giver has the right to take back hisgift.
Ibn 'Aabideen (may Allah have mercy on him) said in his Haashiyah
(5/710): A woman gave up her mahr to her husband on condition that he
take her for Hajj, but he did not take her for Hajj. Muhammad ibn
Muqaatilsaid: She may take back her mahr, because consent to give the
gift was on condition that there be some compensation; if there isno
compensation there is no consent, and the gift is not valid if there
isno consent. /

Based on that, it is not permissible to make use of this money except
in the manner stipulated by the company.
And Allah knows best.

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.