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Tuesday, April 23, 2013

Fathwa, - Muslim jurists’ opinions on wiping over torn leather socks

Question
I was wearing socks believing that they covered all my feet. I was
surprised, after finishing prayer, to find that there was a hole in my
sock thesize of a fingerprint. My question is, were those prayers
valid? Should I make up for them ?
May Allaah reward you .
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.
If this hole was above theankle, then there is no harm done; for it is
not on the area that should be washed during ablution. However, if
this hole was on the ankle or below it, then it is within the area of
ablution. Jurists' held different opinions on whether or not to wipe
over the socks in this case.
Imaam Ahmad 's school ofFiqh ruled that it is impermissible as they
would not cover the whole foot, and this is one of the opinions of
Imaam Ash-Shafi'i as well.This is because what is uncovered should be
washed and what is covered should be wipedover, and if these two
events combine, then washing takes precedence as if the feet became
fully uncovered.
Abu Haneefah 's school ofFiqh ruled that if the tear reaches the size
of three fingers, then it is impermissible to wipe over them during
ablution, and if it were less than that, it is permissible.
Imaam Maalik 's school of Fiqh ruled that if the holeis the third of
the size of the socks, then it is impermissible to wipe over them
during ablution, and if it were less than that, it is permissible.
The scholars who adopted this opinion relied on the generality of the
narrations on wiping over the leather socks; they did not specify that
leather socks should be free from any kind of tears or holes. As long
as one can walk with the leather socks, then they are just like
thegood ones. Besides most of the late Arabs' leather socks were torn,
and the Prophet , commanded the Companions to wipe over them without
givingany details. Thus, the ruling is applied to the people's
commonly worn leather socks at that time,most of which were
torn.Additionally, if these leather socks were prohibited for one in
the state of Ihraam to wear them, and wearing them entails expiation,
then it is permissible to wipe over them in ablution just like those
that are free of tears.
Hence, it is permissible towipe over torn leather socks as long as the
tears are small, based on the previously-mentioned evidence.
Socks take the same ruling as leather socks; accordingly, this tear,
which is the size of a fingerprint, is considereda small tear and it
is permissible to wipe over the socks. Therefore, your ablution was
valid and you do not have to make up for those prayers.
Allaah Knows best. - - ▓███▓ Translator:->
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Fathwa, - No Ablution for the Amputated Limb

Question
I am handicapped; my legs are amputated approximately 15 cm below the
knee. Do I have to wash my amputated legs during ablution or should I
wipeover my artificial limbs orwhat should be done in this regard ?
May Allah reward you .
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.
If the amputee still has parts of the amputated limbs, which should be
washed during ablution, then he is unquestionably obliged to wash
them. However, if the limbs were amputated above the part which should
be washed during ablution, then he is unquestionably not obliged to
wash them.
If the amputee has his legs severed from the ankles, or the arms were
amputated from the elbows, then he should wash the ends of his legs
and arms. However, other scholars believed that it is merely
recommended to wet thetips of the amputated limbs, which are among the
parts of the body thatrequire ablution.
Hence, if your legs were amputated above the ankle joint, as it seems
from your question, then you are not obliged to wash the amputated
legs or wipe over the artificiallimbs; for Allaah The Exalted Enjoined
washingthe feet up to the ankle for ablution; Allaah The Exalted Says
(what means): { And wash your feet to the ankles. } [Quran 5:6] The
obligation is removed if the organ involved is removed.
Allaah Knows best.

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Summary of Zakaah rulings

The position of Zakaah and the Basic Rule of Its Ordainment:
Zakaah is one of Islam's pillars and great foundations. It is Joined
by Allaah The Almighty with prayer in many locations of His Glorious
Book. The source of its obligation lies in the Quran, the Prophetic
Sunnah andthe consensus of the Islamic ummah.
Concerning the Book of Allaah The Almighty, a mention may be made of
His Saying (what means):
• #{And establish prayer and give zakaah and obey the Messenger - that
you may receive mercy.}## [Quran 24:56]
• #{O you who have believed, indeed many of the scholars and the monks
devour the wealth of people unjustly and avert [them] from the way of
Allaah. And those who hoard gold and silver and spend it not in the
way of Allaah - give them tidings of a painful punishment. The Day
when it will be heated in the fire of Hell and seared therewith will
be their foreheads, their flanks, and their backs, [it will be
said],"This is what you hoarded for yourselves, so taste what you used
to hoard."}## [Quran 9:34-35]
As far as the Prophetic Sunnah is concerned, the Messenger of Allaah
said: ~"Islam is based on five (pillars): to testify that there is
none worthy of worship except Allaah and that Muhammad is the
Messenger of Allaah; to establish prayer; to giveZakaah; to observe
the fast of Ramadhaan; and to perform Hajj to the House (i.e. the
Ka'bah) for him who could find thereto a way)."~~ [Al-Bukhaari and
Muslim]
The Messenger of Allaah further said: ~"Any owner of goldor silver who
does not pay the Zakaah due on it will, on the Day of Resurrection,
have his treasureheated in the Fire of Hell and thenmade into plates.
His flanks, forehead and back will be branded with them. Every time
they (i.e. the plates) get cold, they will be heated again on a day
that will last fifty-thousand years. This will be done to him until
Allaah Pronounces the judgment on His slaves. Then onewill be shown
his path, leading him either to Paradise or to Hellfire."~~ [Muslim]
Ruling on Zakaah:
Zakaah is due on everyone who meets the following conditions:
1- Faith in Islam: the disbeliever isnot asked to give it even though
he will be accounted for not giving it since the disbelievers
areaddressed by Sharee'ah commands.
2- Freedom: it is not due on a slave's wealth even though it is due on
the wealth of the mentally disabled and children.
3- The full possession of the due Nisaab (i.e. the minimum
amountliable for Zakaah) and the Nisaab of each kind will be
accurately defined later. If one's wealth is less than the Nisaab, no
Zakaah will be due except for the Rikaaz, which is what is found
buried from the time of Jaahiliyyah (i.e. pre-Islamic period of
ignorance).
4- Stability of Nisaab: it is not dueon the share of the Mudhaarib
before distributing the money.
5- The elapse of a full lunar year on prices, articles of
merchandiseand live stock. Concerning grains, fruits, what comes out
from the land, products of grazing animals, the profit from trade and
Rikaaz, Zakaah is due on that even if a full lunar year does not
elapse on it.
In other words, Zakaah is due on every free Muslim in full possession
of a due Nisaab upon which a lunar year has elapsed, whether he is
young or old, sane or insane. The only exception is that the young or
insane does not give out his Zakaah by himself but it is given out by
his guardian.
Kinds of wealth on which Zakaah is due:
1- Currencies and prices (i.e. gold,silver and cash money)
2- Articles of merchandise
3- Livestock
4- What comes out from the land of grains and fruits
The focus will be made in what follows on prices and articles of merchandise.
The due Nisaab of Zakaah on prices and articles of merchandise:
1- The Nisaab of gold is 20 dinars (i.e. approximately 85 grams).
2- The Nisaab of silver is 200 dirhams (i.e. approximately 595 grams).
3- The Nisaab of cash money is debatable. It is more precautious to be
that which benefits the poor better. Take this illustrative example:
suppose that a gram of gold is worth 50 riyals and that ofsilver is 1
riyal: if gold is considered, then the Nisaab is 50×85=4,250 riyals
and if silver is considered, then the Nisaab will be 1×595=595 riyals.
Thus, consideration of silver will be more beneficial to the poor.
Being so, whoever has 595 riyals and above has indeed possessed the
due Nisaab and Zakaah becomes due on him. Some scholars measure the
Nisaab onlyin gold especially these days when silver is very cheap and
he who possesses 595 riyals is not rich.
Zakaah on articles of merchandise:
Articles of merchandise are goods planned for sale with the intention
of making profit, like cars, equipment and various kinds of
commodities ready for trade (i.e. those which are purchased with the
intention to be sold in trade rather than to beused). If a lunar year
elapsed, a merchant should assess the commodities he has according
totheir market value at the very time Zakaah became due on him rather
than according to their value on the day he bought them.This is in
order not to wrong the poor, in case the price rose, or the merchant,
in case the price fell. The assessment should depend on the retail
price for the retailers, the wholesale price for the wholesalers and
the average for those who combine both.
Notice: a man may buy a commodity with the intention to sell it and
make a profit but he uses it instead. On the other hand, another man
may buy a commodity with the intention to use it and, seeing it
improper, he sells it instead. On which of both is Zakaah due?
The separating limit is the original intention. If one's original
purpose when purchasing a commodity is to selland trade in it, then it
will belongto the articles of merchandise on which Zakaah is due even
though it may probably be used. If the original purpose of buying is
to use it, then no Zakaah will be dueon it even though it may probably
be sold.
If one bought a commodity with the intention to use it and a year
later intended to sell it, it would be considered an article of
merchandise from that very date and not from the date he bought it.
Vice versa, if he bought it with the intention to traffic in it and a
year later he intended to use it, Zakaah would not be due from that
very date and would be due only for the previous time.
Zakaah on shares:
Concerning the Zakaah of shared companies, the purpose of a
shareholder from possession is one of two:
1- To intend an investment in the long term and gain profits and
revenues. If he is in the Saudi market, no Zakaah will be due on the
shareholder because the company pays it on his behalf. If he is in
another market where the companies do not abide by paying Zakaah, he
should estimate the Zakaah by accounting the real holdings on which
Zakaah is due far from the market value. If it is difficult for him
and he likes to be more cautious, then he should give Zakaah like the
rights of sharers (i.e. owners) which is 2.5%. The rights of sharers
are the total assets minus the total deductions and the result is
multiplied by 2.5%.
2- To intend by possession of shares to trade or make a Mudhaarabah
with the expectation that their price will rise so as to sell them.
That is to buy today and sell tomorrow andso on. This person should
give Zakaah on the shares he has like articles of merchandise. If a
lunaryear elapsed on him, he should consider the market value rather
than the nominal or real value of the shares and give Zakaah on them
as articles of merchandise (i.e. 2.5%).
A differentiation should be made between an investor and a Mudhaarib.
The one who intends to sell a share within a year is a Mudhaarib on
whom the Zakaah of articles of merchandise is due and the one who
intends to sell after more than a year is an investor.
Equity funds:
Equity funds are frequently like a Mudhaarib in purchasing and selling
shares. So the Zakaah due on them is like that due on articles of
merchandise as was clarified in number (2). If it is the day that ends
a lunar year on which an almsgiver gives out his Zakaah, he should
assess the equities he has on that day and give out as much as 2.5%
thereof.It is worth mentioning that the funds themselves usually do
not give out Zakaah and it is entrusted to the customer, the owner of
the equities.
Zakaah on jewelry:
Scholars have two different opinions about the obligation of Zakaah on
jewelry. What is intended by jewelry is only gold and silver. No
Zakaah is due on precious stones, pearls and the like, regardless of
how high their price may be.
1- The first opinion claims that noZakaah is due on jewelry because
the purpose is to use them permissibly rather than to trade in them.
Thus, the meaning of increase does not apply to them, neither in
reality nor in consideration. They bring many indications in support
of this opinion and, at the same time, render weak the indications of
those who advocate the obligation of Zakaah on jewelry. This opinion
is adopted by many scholars.
2- The other opinion argues that Zakaah is due on jewelry in view of
the general traditions concerning the Zakaah on gold and silver and
the Hadeeth of the woman with the two bracelets and others. This is
the opinion of many including Ibn Baaz, Ibn 'Uthaymeen and others.
However, it is worth mentioning that, in the case of adopting the
opinion that no Zakaah is due on the jewelry of women, the following
criteria should be observed:
a- To intend only adornment thereby and, in case saving is intended,
Zakaah becomes due on it.
b- To intend to use it in a current rather than a future need. An
example of a future need is that one keeps it for his would-be wife.
In this case, Zakaah becomes due on it.
c- To remain fit for adornment. But whatever is crushed or broken and
thus becomes unusable thereof, then Zakaah is due on it because it is
not prepared for such use.
d- To be used permissibly. If its use is impermissible, then
Zakaahbecomes due on it. An example of impermissible use is to be in
the form of a statue or an idol and so on.
e- Not to exceed the limit of moderation and usage in the amount of
jewelry that is used. But if it exceeds the limits of extravagancy,
then Zakaah becomes due on what is beyond the limit of moderate usage.
Zakaah on salaries:
Zakaah is not due on a salary once it is received. It should be joined
with what one has. If a lunar year elapsed and he has something
thereof, he should give out Zakaah for it.
Zakaah on residential date-palm trees:
Some people have date-palm trees in their homes or resorts whose
fruits reach the due Nisaab and take no heed of givingthe Zakaah due
on them. The dueNisaab of fruits is five Wasaqs and the Wasaq is sixty
Saa's (i.e. three-hundred Saa's or nearly six-hundred and fifty-three
or six-hundred and twelve kilograms). If the date-fruits reach the due
Nisaab, one-twentieth (i.e. 5%) becomes due because it is irrigated by
artificial means as is prevalent in our lands these days. If it is
watered by rain, then one-tenth (i.e. 10%) is due. If it is equally
watered by artificial as well as natural means then 7.5% is due.
Channels of spending Zakaah:
The channels of spending Zakaah are the eight categories mentioned in
Saying of Allaah TheAlmighty (what means): #{Zakaahexpenditures are
only for the poor and for the needy and for those employed to collect
[Zakaah] and for bringing hearts together [for Islam] and for freeing
captives [or slaves] and for those in debt and for the cause of Allaah
and for the [stranded] traveler - an obligation[imposed] by Allaah .
And Allaah is Knowing and Wise.}## [Quran 9:60]
The following points should be made here:
• Zakaah is neither permissible nor sufficient for him upon those whom
the almsgiver should spend like a child, wife or father. According to
some scholars, Zakaah is not valid for everyone whom the almsgiver
should inherit when that one dies.
• Zakaah to a relative is better than to anyone else because it acts
both as Zakaah and a means of strengthening kinship ties. Relatives
are worthier of the favor, provided that they are not among those upon
whom the almsgiver should spend as was previously clarified.
• Zakaah should not be paid to the almsgiver's employees, such as a
driver and servant, in order to avoid mixing Zakaah with obligatory
fees.
• It is permissible to pay Zakaah in advance to serve a public benefit
such as when a calamity befalls the Muslims or there is a needy person
whose state requires Zakaah to be given in advance. In such a case,
Zakaah may be paid in advance and deducted from the obligatory alms
when a lunar year elapses.
• It is also permissible to delay Zakaah to serve a predominant need
or benefit. Such a case is when the lunar year elapses on one upon
whom Zakaah is due and he has no money at hand to pay Zakaah from or
he has goods offered for sale which he could only sell after a long
time. In this case, there is no harm to delay Zakaah till money
becomes available. Another example is that the almsgiver knows that
hisrelative is in need and he could only convey Zakaah to him after
along time. At any rate regardless of what Zakaah is delayed, with or
without a legal excuse, the almsgiver remains liable for it and will
not be free from this obligation until he gives it. It should be
accounted from the very day it becomes due rather than the day on
which it is paid.
How to calculate Zakaah:
A Muslim could calculate his Zakaah according to one of the following two ways:
1- To make for each lump sum hegains an independent lunar year from
the very moment he possesses it until it amounts the due Nisaab and,
if a lunar year elapses on that kind of money, hewill give Zakaah on
what he has of it and the same applies to all kinds. For example, if
one receives the salary for the month of Muharram, its lunar year will
be Muharram of the following year and the lunar year of the salary of
Safar will be Safar of the following year. The same applies to any
money he receives, that is, to record the very day on which he
receives that money and then wait for the elapse of a lunar yearon it.
But it should be kept in mind that if the money is a trade profit or
comes from that of a previous Zakaah, it should have the same lunar
year of the principal and not an independentyear. Nevertheless, this
way is somewhat difficult.
2- The other way is easier; it is to consider the time at which one
attains a due Nisaab and waits until a lunar year elapses from the
very date he got the Nisaab. Then, he gives Zakaah on all the wealth
he has on which Zakaah isdue even if no lunar year elapsed on the
whole of it. At the same time every year, he should give out Zakaah on
the wealth he has. This way he will be relieved of calculating Zakaah
on each part of his wealth individually.
A practical example for Zakaah according to the second way:
Fix for yourself a day for Zakaah, say, the fifteenth of Ramadhaan
every year. Being so, when it is the fifteenth of Ramadhaan this year,
you should collect the following:
• Your cash stock whether in bank accounts or cash in hand.
• The market value of the Mudhaarabah shares on that day.
• The last assessment of equities on equity funds.
• Gold and silver not prepared forthe adornment of women like gold ingots.
• Gold and silver prepared for adornment according to the opinion
which adopts the obligation of Zakaah on it.
• Debts you have with others in case your debtors are rich and the
debts are payable during the same year.
• All you offered for sale of land, homes, livestock or goods in a
marketplace or others.
• The total of all that was previously mentioned minus the debts you
owe and expect to pay throughout the same year. For example, if you
buy a house in installments for one million riyals, you should not
deduct the whole sum but only what you will pay throughout the present
year: the installment sum multiplied by twelve.
The final result of all that was previously mentioned minus debts is
the money on which Zakaah is due.
In conclusion, I remind all brothers and sisters to exalt the symbols
of Allaah The Almighty, perform them as they are commanded by their
Lord and learn that wealth belongs to Allaah The Almighty which He
Distributes among His servants toTest which of them is better in deed
and in this let the competitors compete.
May Allaah Accept from all of us our fasting, Qiyaam and righteous
deeds. Allaah Knows best and may He Send blessings and peace upon our
Prophet Muhammad all his family and Companions.

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Giving Food

Giving food in Surah Al-Insaan (No.76):
This is a good gesture of Allaah's Mercy to Mention giving food in a
Surah that is entitled "Al-Insaan".Allaah The Exalted Says (what
means): {And they give food in spite of love for it to the needy, the
orphan, and the captive…} [76:8]
Ibn 'Abbaas and Mujaahid said, "This verse denotes that they feed the
needy, the orphan and the captive despite the scarcity of food and
their need and love for it."
What about you and your food?
How great a deed is feeding the hungry in our time!
Allaah The Exalted Says (what means): {Or feeding on a day of severe
hunger…} [90:14]
An-Nakha'i commented on this verse saying, "They feed the hungry at
times when food is notample."
Mohammed ibn Al-Munkadir said, "Feeding hungry Muslims guarantees the
forgiveness of sins."
He also said on another occasion: "Feeding the hungry and saying kind
words to others usher you to Paradise."
Dear brother and sister, you may notice how our days - in some Muslim
countries - have turned into days of severe hunger. Food has become
scarce and meat has also become scarce as well as being too expensive
for the poor.
What about you, dear readers? What about your food?
An explicit command:
Feeding people in general and a hungry person in particular has been
explicitly mentioned in the command of the Messenger of Allaah . Abu
Moosa Al-Ash'ari reported that the Prophet said: "Feed the hungry, pay
a visit to the sick and free ree the captives." [Saheeh] A reported
saying reads, "The best charity is to satisfy a hungry person." Alas,
a Muslim may sit at an Iftaar table with delicious and tasty dishes
while his neighbors break their fast with a few morsels of food, if
they can be found!
The Righteous Predecessors :
Our righteous predecessors were keen to feed people and favored this
act of worship over many others, whether it was for a hungry poor
person or feeding a righteous Muslim. Poverty is notan essential
condition in this regard. The Messenger of Allaah said: "O people!
Spread the Islamic greetings amongst yourselves, feed the hungry,
maintain kinship relations, observe prayer at night while people are
asleep and you will peacefully enter the Paradise." [Saheeh]
Some of the righteous predecessors said, "It is better for me to
invite ten of my friends and feed them delicious food that they like
than freeing ten slaves from the children of Ismaa'eel (i.e. Arabs)."
Abu As-Siwaar Al-'Adawi said, "Some men from the 'Uday tribe used to
pray in this mosque and none of them would break his fast alone. If
one found someone to eat with, he would eat. If he could not find
someone to eat with, he would take his food and go to the mosque to
share it with the people in the mosque."
Fruits of Feeding the Hungry:
The act of worship of feeding the hungry gives rise to many other acts
of worship such as showing affection towards one's fellow Muslims whom
he feeds and this can be a reason for him being granted Paradise. The
Prophet said: "You shall not enter Paradise as long as you do not
affirm belief (in all those things which are the articles of faith)
and you will not believe as long as you do not love one another."
[Muslim]
It also gives rise to (the act of worship) being in the company
ofrighteous people and hoping for the rewards of Allaah The Almighty
in offering them food asthey gain strength to perform acts of worship.
Food baskets:
Some righteous predecessors used to send their friends abasket full of
sugar or other such food.
Yunus ibn 'Ubayd Yahdi said, "I gave a basket of sugar to Al-Hasan
Al-Basri as a gift and I have not seen any sugar better than this one.
He opened the basket and said to his companions, "Eat and enjoy." -
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