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Sunday, April 21, 2013

Fathwa, - Thinking that Ghusl is notdue unless there is ejaculation out of ignorance

Question
I am a newlywed young man. I thought that Ghusl is not due, even if
one inserted hiswhole penis inside his wife's vagina, unless there is
ejaculation from either of them. Then I came to know the grave mistake
that we made. What is the Sharee'ah ruling on this? Is there a
Kaffaarah (expiation) due? What is the Sharee'ah ruling on theprayers
as well as other acts of worship which we performed without Ghusl,
taking into consideration thatwe did this out of ignorance?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
, is His Slave and Messenger.
Ghusl for Janaabah is obligatory for both the husband and wife when
there is penetration, even without ejaculation.The Prophet , said: "
When a man sits in between the four parts of a woman and has sexual
intercourse with her (by penetration), Ghusl becomes obligatory. "
[Al-Bukhaari]
'Aa'ishah narrated that the Prophet , said:" When a man sits in
between the four parts of a woman and the two circumcised parts touch
each other, Ghusl becomes obligatory. " [Muslim]
Consequently, you are required to make up all the past prayers which
you performed without Ghusl. It is known that purification is a
prerequisite for prayer. The Prophet , said: " Prayer is not accepted
without purification. " [Al-Bukhaari and Muslim]
Likewise, if you performed Hajj in this state, it is invalid
becauseone of its pillars, which isTawaaf (circumambulating the
Ka'bah) is invalid. Since Tawaaf is like prayer, it isnot valid unless
one performs it while he is in a state that requires neither Wudhoo'
(ablution) nor Ghusl. The Prophet , said: " Tawaaf is prayer except
that Allaah Has Made talking in it lawful. So, whoever speaks let him
say something good. " [At-Tirmithi, Ad-Daaraqutni and Ibn Khuzaymah]
Nevertheless, you are notrequired to give any form of Kaffaarah.
Rather, you are required to make up the past obligatory prayers as
well as Hajj. Meanwhile, you are required to know the rulings of the
individual obligations, such as prayer, Zakaah, fasting and Hajj. You
should also learn whatever you are able to of the Sharee'ah sciences
in order to worship Allaah with sure knowledge and according to His
Sharee'ah. You are required to intensify asking for forgiveness due to
your negligence in knowing well the acts of worship that are
obligatory upon you. Allaah Knows best. - - ▓███▓ Translator:->
http://translate.google.com/m/ ▓███▓ - -

Fathwa, - Blood which comes out from festers

Question
I suffer from bleeding acne in my face. Sometimes when I complete
Wudhoo' (ablution), the pimpleson my face bleed. Am I required to
repeat Wudhoo', taking into account that the bleeding may last for ten
minutes. What should I do?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify
that there is none worthy of worship except Allaah, and that Muhammad
, is His Slave and Messenger.
According to the preponderant opinion of the scholars, your Wudhoo' is
valid and youare not required to repeat it. That is because the blood
which comes out from places other than the two excretory organs does
not invalidate Wudhoo'.
The blood which comes out from acne, if it comesout without pressing
the pimples, is pardoned andyou are blameless because it is difficult
to avoid. This is applicable whether there is a little or large amount
of blood, unless there is a very large amount that makes you
embarrassed to stay among people. In the latter case, it is
recommended to wash it.On the other hand, if blood comes out due to
either pressing or peeling the skin, you are blameless for the small
amount but you are required to wash it if there is a large amount
because you are the reason behind this.
The Shaafi'i scholar Shaykh Sulaymaan ibn Mansoor Al-Jamal said: "
Blood which comes out from pimples or wounds is pardoned, even if it
is a large amount, because it is a widespread condition among people.
Nevertheless, if one was the reason behind the coming out of blood, a
large amount is not customarily pardoned. "
We advise you to wash your face gently in Wudhoo' in order not to make
washing a reason for the blood coming out. Allaah Knows best.

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Kinship Rights - III

Allaah The Almighty does not command injustice, and therefore it is
improper to request the husband to remain close to his parents in
order to satisfy his parents while they are a whip of torture, harm,
evil and oppression against his wife. The same applies to the wife's
parents. Both the husband and the wife are required to fear Allaah The
Almighty and treat each other fairly. Hence, the situation should be
weighed upon the scale of the Sharee'ah. If there is great harm and
the woman is patient, this is better and would be greatly rewarded.
Allaah The Exalted Says (what means): {So give good tidings to My
servants, who listen to speechand follow the best of it.} [Quran 39:
17-18]
Commenting on this verse, some scholars said that "the best of it"
refers to the best of the Quran. This is because the Quran includes
what is good and what is best. In such a case, the wife has the right
to return harm withthe same level of harm and likewise the husband.
The best ofthe Quran, however, is to return harm and evil with
kindness and beneficence. Allaah The Almighty refers to people who do
so Saying (what means): {But none isgranted it except those who are
patient, and none is granted it except one having a great portion [of
good].} [Quran 41: 35]
This is regarding the parents of both the husband and the wife. As for
other kindred like brothersand sisters, both the husband and the wife
are required to obeythe orders of Allaah The Almightyconcerning their
kinship. A brother might take the status of a father. Some scholars,
includingthe Hanafi scholars as well as others, are of the view that
an elder brother replaces his dead father in being worthy of kindness
and respect. Some scholars are of the view that paternal uncles
replace fathers and likewise maternal aunts replace mothers. This is
why the Prophet said: "The maternal aunt is in the place of the
mother." [Al-Bukhaari]
Consequently, if the wife has an elder brother who married her off or
used to support and protect her, he is entitled to kindness and
respect in the sameway mentioned previously. Such kindness is not
restricted to the wife's father; rather, it includes brothers and
other kindred, even paternal uncles. It was narrated that the Prophet
said: "A man's paternal uncle is a peer to his father." [Ahmad & Abu
Daawood] This indicates that the paternal uncle takes the place of the
father, and the maternal aunttakes the place of the mother. It was
narrated that when a disputed arose regarding the custody of Hamzah's
daughter the Prophet commanded that she would be given to her maternal
aunt and further he said: "The maternal aunt is in the place of the
mother." [Al-Bukhaari]
This means that it is a duty to maintain good relations with all of
one's in-laws, not only parents-in-law. If a husband notices his
wife's kindness and respect for her elder brother, he should
understand - particularly if she is an orphan and her brother was the
one who brought her up. A husband should be dutiful to this elder
brother and honor him. A husband has a duty towards his brother-in-law
like the duty he has towards his parents-in-law.
Our Muslim societies are in need of everyone to fulfill the rights of
kinship. In the past, people cherished the rights of their in-laws,
because people's nature was wholesome. People would teach their sons
and daughters to maintain kinship ties. Nevertheless, since values of
upbringing have deteriorated in recent times and duties towards kin
have been neglected, attention needs to be drawn to them. Muslims need
to be furtheralerted on this subject and called to fulfill their
duties towards their kin. Muslim scholars are required to draw
Muslims' attention to this.
The situation is so bad now that a husband might even sue his aged
father-in-law. A judge in one of the Muslim countries relates, "The
most difficult lawsuits that annoy me the most are to see an old man
at the end of his life who has a respectable position versus a
foolish, ignorant young man who scorns his [this old man's] daughter
within his hearing, scandalizes and humiliates him and does not
observe the least of kinship rights. This makes my heart bleed, and
sometimes I become too disturbed to pass a judgmentdue to what I see
and hear."
Where is obedience to the command of Allaah to maintain kinship ties?
We see old men at the end of their life being humiliated by their
sons-in-law. Some husbands frequently go to their fathers-in-law only
to complain to them about their daughters, criticize them, and expose
their mistakes. The woman's father could be sick yet his son-in-law
would not have mercy on his old age.
Such behavior saddens the believer. It is obligatory to give this
issue its due importance. Such negative behavior cannot beshunned
unless we achieve two things:
The first is the righteous upbringing of our sons and daughters. They
are to be directed to, educated and brought up to noble morals and
maintaining kinship ties. Therefore, when the son gets married, he is
grateful and fulfills his duty towards his wife's fatherand kinship.
Likewise, the mothershould teach her daughter and righteously direct
to and teach her noble morals and the best habits.
The second is that all Muslims should exchange sincere advice. There
have recently been many disputes among people and spouses and very few
people offer sincere advice and admonition. Sorrowfully, one gets to
see some men speaking lowly of their in-laws to friends or relatives,
yet none of them tells him to fear Allaah The Almighty, advises him to
be grateful, or remind him that Allaah The Exalted Says (what means):
{And do not forget graciousness between you.} [Quran 2: 237]
It is obligatory for us to exchangeadvice, and it is also obligatory
torevive that which Allaah The Almighty commanded to be revived of
fearing Him concerningkinship. Allaah The Almighty Says (what means):
{And fear Allaah, through whom you ask one another, and the wombs
[kinship].} [Quran 4: 1]
During the pre-Islamic era, it was the habit of the Arabs, even though
they were misguided polytheists, that when there was a conflict
between two men and one of them wanted to admonish, remind or even
threaten the other, he would say to him, "I beseech you by Allaah and
kinship ties." Thereupon, the other would surrender and if the former
wanted him not to do something, he would refrain; andif he wanted him
to do something, he would obey. The reason behind this was their
feeling of the greatness of kinship ties.
It was narrated that the Messenger of Allaah said: "You will conquer a
land where Qiraat [a unit to measure land] is used. So, be kind to its
nation, forthey are [our] kin." [Al-Bukhaari and Muslim] By the land
where Qirat is used, the Prophet wasreferring to Egypt. He told them
that they would conquer that land where the Qiraat is used, and he
commanded them to be kind to its people dueto kinship ties. That is
because Haajar, the mother of Ismaa'eel (Ishmael), may Allaah exalt
their mention, was from Egypt. Also, Maariyah the Coptic, the mother
of Ibraaheem, the son of the Prophet was from Egypt. The Prophet
commanded the Muslims to treat the Egyptians kindly and considered
them kindred of the whole Ummah (Muslim nation). This is concerning
distant kinship ties, so how about the close ones?
We must advise each other to fulfill these duties. When we attend
gatherings and we observe someone abusing his wife's family, we are
required to remind him of the punishment ofAllaah The Almighty and
admonish him to fear Allaah The Almighty. When we know about a problem
between relatives thatwould lead to severing kinship ties, wise people
are required to intervene for reconciliation. Such actions bring the
satisfaction of Allaah The Almighty who commands us to cherish kinship
ties. - - ▓███▓ Translator:-> http://translate.google.com/m/
▓███▓ - -

Kinship Rights - II

A scholar relates that the father-in-law of one of his students would
come to him and say bad things about that student. He would accuse him
of having donehorrible, mischievous acts. The student did not know
that his father-in-law would complain about him to his Shaykh. The
father-in-law would tell the scholar that he admonishes the student
very often and that he was void of goodness. Every time the student
went to see the scholar, the latter would ask him about his
relationship with his father-in-law and the student would reply that
his father-in lawwas as good as one would wish his father-in-law to
be. The student also said that he was very kind, affectionate and
dutifulto him.
Once, his Shaykh, the scholar, made him swear and asked him to tell
the truth. The student swore that he was on excellent terms with his
father-in-law, and that he had never lied about that.Then he told the
Shaykh about his dutifulness to his in-laws. Thereupon, the Shaykh was
shocked at that father-in-law's conduct and he told his student about
what his father-in-law had said. He advised his student to bekind to
his father-in-law, if that father was telling the truth, and to bear
with him if he was tellinglies. Thereupon, the student criedand swore
by Allaah The Almightythat he was truthful about what he had said.
The Shaykh then waited for the student's father-in-law. When he showed
up, the Shaykh said to him, "You have claimed such and such." The
father-in-law replied, "Indeed, by Allaah, he does that."The Shaykh
asked him, "Do you swear by Allaah?" The man replied, "Yes, I swear by
Allaah." Thereupon, the Shaykh supplicated Allaah against him tobe
punished before the advent of the evening if he was lying. Before
sunset, the father-in-law was paralyzed. We seek refuge in Allaah from
this. Injustice is like darkness.
If one's wife's father abuses and humiliates him, he should know that
by being kind to him he seeks to please Allaah The Almighty. By
returning his maltreatment with kindness he fears Allaah The Almighty
and he obeys His orders regarding being dutiful to relatives.
The wife's role:
Just as a husband is required to perform his duties towards his
parents-in-law, a wife is required to fulfill her duty towards her
parents-in-law as well. A righteous woman should understand the
parents' love for their son and she must not be the least jealous or
try to weakenthe relation between her husband and his parents. She
should also know that if she wishes Allaah The Almighty to bless her
married life and grant her happiness with her husband, she should
support him to be dutiful to his parents.
When the husband's parents are in need for him, the wife -their
daughter-in-law- should be there for them, too, to show them,
kindness, love, respect, and dutifulness.
Allaah The Almighty made the fathers-in-law Mahrams (permanently
non-marriageable) to their daughters-in-law in orderto strengthen
family ties between them, as the daughter-in-law would consider her
father-in-law to be like her own father; therefore, she would treat
him kindly, look after him and deal with him mercifully. A
daughter-in-law should be just as kind to her mother-in-law as well.
Problems with mothers-in-law:
Problems between wives and their mothers-in-law mostly occur due to a
clear reason: the mother's love for her son. A wife has to know that
the highest degree of kindness and mercy that could occur between two
humans is that between the mother and her child, and mothers should
not be blamed for this. When the Prophet wept due to the death of his
son Ibraaheem, he was asked about this, and he replied: "This is mercy
that Allaah created in Hisservants' hearts." [Al-Bukhaari]
Allaah The Almighty casts mercy into mothers' hearts. Thanks to this
mercy, mothers are compassionate and merciful to their children and
make them herfirst concern. A wife is required to understand this.
However, if the wife surrenders to jealousy, she will try to sever
kinship ties between her husband and his mother and father. By doing
so, she would incur the wrath of Allaah The Almighty. There are many
mothers whose hearts bleed due to the harm that their daughters-in-law
do to them. Allaah The Almighty knows best that there are many fathers
and mothers who weep because of the injustice and harm of their
daughters-in-law. A believing woman has to fear Allaah The Almighty
and be kind to her in-laws.
The consequence of undutifulness:
If a woman encourages her husband to act unjustly and severties with
his parents, she should know that inevitably Allaah The Almighty will
punish her as well as her husband someday. Undutifulness to one's
parents is one of the sins for which punishment is received in this
worldly life. Some scholars say that if a woman encourages her husband
to be undutiful to his parents, she commits two misdeeds:
First: she is her husband's partner in being undutiful to his parents,
and we seek refuge in Allaah from this,
Second: she severs her kinship ties.
It was related in some traditions that the misdeed which is
immediately punished in this life in addition to the punishment of the
Hereafter is severing kinship ties. Allaah The Exalted Says (what
means): {So would you perhaps, if you turned away, cause corruption on
earth and sever your [ties of] relationship? Those [who do so] are the
ones that Allaah has cursed, so He deafened them and blinded their
vision.} [Quran 47: 22-23]
Some scholars say that Allaah TheAlmighty hardens the heart of the
person who severs kinship ties. Therefore, no matter how much he is
admonished and no matter how many signs he sees, his heart is not
awakened. We ask Allaah to safeguard us from that. Even if his heart
does awaken, that will not be for long.This is why when someone
complains to scholars about hardness of the heart, they ask him about
how strong he maintains his kinship ties.
A woman who encourages her husband to sever his kinship ties severs
her own and does not obey the orders of Allaah regarding her husband
and her relatives. Rather, a woman has tobear with her parents-in-law
and seek the reward from Allaah The Almighty.
In-Laws interference:
If the husband's parents are harmful to her, she is required to
consult scholars about what should be done. Sometimes, the couple's
parents interfere in theirchildren's married life, which makes both
spouses uncomfortable. In such a case, both the husband and the wife
are required to weigh the harm against the advantages of maintaining
strong relations with the interfering parent. If theevil of their
interference is greater than the evil of keeping his wife away from
her parents, in such a case, a husband has to keep his wife away from
her parents, but allow her to visit them from time to time in order to
show dutifulness to them. Likewise, when the husband's parents
interfere in their son's marital life and cause harm, the wife in such
a case has two options, either she adopts patience and seeks the
reward from Allaah The Almighty, and this is better and closer to
perfection, or she weighs the extent of the harm. If the evils
resulting from the in-laws' interference are greater, she should ask
her husband to keep her away from his parents.
Husbands, on their part, are required to be fair to their wives. If
the husband observes that the parents' interference in the marital
affairs harms his life and his wife, who cannot be patient regarding
that, he is required to fear Allaah concerning his wife and protect
her from his family and parents. If he keeps his wife away from his
parents and lives away from them, he is not considered undutiful to
them, because he is trying to protect his home from their harm.
However, he is required to check on his parents and be dutiful to
them. A son is allowed to do this because Allaah neither commands
injustice nor is pleased with it. - - ▓███▓ Translator:->
http://translate.google.com/m/ ▓███▓ - -