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Saturday, October 5, 2013

Fiqh of Inheritance, - Causes of Inheritance

Inheritance in the IslamicSharee'ah)legislation( has three causes:
First cause: Marriage
Under Sharee'ah, marriage refers to the valid marital contract -- even
in the absence of meeting in seclusion between the spouses or sexual
intercourse between them. Both spouses inherit from each other, so
long as the marital contract is in effect between them. For example,
if a man divorces his wife and her'Iddah)post-marriage waiting period(
elapses, then there would be no mutual inheritance between them, due
to the termination of the marriage, which is the cause of inheritance.
However, if he divorces her during his fatal sickness and is accused
of having done so with the intention of preventing her from
inheritance, in this case, she inherits )her share of( his property
even )if he dies( after the conclusion of her'Iddah, and even if she
gets married to another person according to the opinion of some
scholars ofFiqh)Islamic jurisprudence(, by way of opposing the
wrongful husband and nullifying his purpose.
Second cause:Walaa')allegiance of an ex-slave to his ex-master(
This is a kind of kinship. If a master frees his slave, a kind of
relation calledWalaa')allegiance( starts to exist between them. It is
a favor done by the master to his slave out of his bounty, whereby he
brings him out of slavery to freedom.
Third cause: Real Kinship
Kinship is a connection between two persons by virtue of birth, be it
a close or far connection. Every man or woman with whom one has a
connection by birth, no matter how close or far, whether from the side
of the father or from the side of the mother, or from the side of both
together, is one's kin. This is the strongest cause of inheritance.
The heirs from among the kith and kin are divided into three divisions:
1-The ascendants: The deceased's father, grandfather )the father's
father(, up to all levels of similar relationships from the side of
the father; and the deceased's mother, and grandmother being related
to him/her through a male or a female heir.
2-The descendants: The deceased's sons and sons of his son down to all
levels, and his son's daughter down to all levels of her father.
3-Non-ascendant /descendant relations: They are the deceased's
siblings;whether they are full or half-brothers or sisters, the male
children of his/her full brothers and half-brothers from the side of
the father, his paternal uncles who are his father's full brothers, or
half-brothers from the side of the father up to all levels, the
paternal cousins down to all levels.
These are the three causes of inheritance agreed upon among scholars.
They deserve, in the presence of a sound mind and disposition, to be
causes of inheritance. There are other causes which are subject to
dispute, as to whether or not they are regarded as causes of
inheritance, likeBayt Al-Maalof the Muslims )Muslim treasury(, the
kith and kin who are not heirs, etc.

Dought & clear,- (description of the prayer) - It is not Sunnah to say du‘aa’ following an obligatory prayer, placing the right hand on the forehead.

There is a dua which is said by placing the right hand on the forehead
after farz namaz. I want to know the hadith related with this dua.
Praise be to Allaah.
What is proven from the Prophet (blessings and peace of Allah be upon
him) is that when he had finished praying, he would ask Allah for
forgiveness three times, then he would say: "Allaahumma anta as-salaam
wa minka al-salaam, tabaarakta yaa dhaa'l-jalaali wa'l-ikraam(O Allah,
You are as-Salaam (the One Who is free from all defects and
deficiencies) and from You is all peace, blessed are You, Possessor of
majesty and honour).
This is based on what has been explained previously in the answer to
question no. 104163
Secondly:
After searching we could not find any proof for the du'aa' mentioned
by the questioner that is said after the obligatory prayer when
placing the right hand on the forehead.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked:
There are some people who, after finishing the prayer, put their hands
on their foreheads for a while and they say that this is Sunnah. Is
what they say correct?
He replied: There is no basis for that as far as we know. There is no
basis for placing the hands on the forehead after prayer.
FromFataawa Noor 'ala ad-Darb.
And Allah knows best.

Dought & clear,- (description of the prayer) - How much did the Prophet (blessings and peace of Allah be upon him) recite in the obligatory prayers?.

How much did the Prophet (blessings and peace of Allah be upon him)
recite in the obligatory and naafil prayers?
Praise be to Allaah.
The Prophet (blessings and peace of Allah be upon him) used to recite
at length in Fajr and Zuhr prayer, a moderate amount in 'Asr and
'Isha', and briefly in Maghrib, in which he would recite short
soorahs.
He (blessings and peace of Allah be upon him) would sometimes recite
longer passages than this or he would make it shorter, according to
the situation.
It was narrated from Sulaymaan ibn Yasaar from Abu Hurayrah (may Allah
be pleased with him) who said: I never prayed behind anyone whose
prayer was more like that of the Messenger of Allah (blessings and
peace of Allah be upon him) than So and so. Sulaymaan said: He would
make the first two rak'ahs of Zuhr lengthy, and the last two shorter;
he would make 'Asr brief; in Maghrib he would recite the short soorahs
from al-mufassal; in 'Isha' he would recite medium-length soorahs from
al-mufassal; and in Fajr he would recite long soorahs from
al-mufassal.
Narrated by an-Nasaa'i (972); classed as saheeh by al-Albaani inSaheeh
Sunan an-Nasaa'i.
Shaykh Ibn 'Uthaymeen (may Allah have mercy on him) said:
The lengthy soorahs of al-mufassal are from Qaaf (50) to an-Naba'
(78); from an-Naba' to ad-Duha (93) they are medium length; and from
ad-Duha to the end they are short.
End quote fromash-Sharh al-Mumti', 3/75
Ibn Battaal (may Allah have mercy on him) said: The scholars are
unanimously agreed that the longest of the prayers is the recitation
in Fajr… Then he quoted a number of reports from the Sahaabah (may
Allah be pleased with them)… Then he said: This difference of opinion
among the early generation indicates that they understood from the
Messenger that it is permissible to make the recitation in Fajr prayer
long or short, and that there is no set limit in that beyond which it
is not permissible to go. It may be, and Allah knows best, that those
among the Sahaabah who recited at length knew that the people praying
behind them were eager to make the prayer lengthy. But nowadays it is
more appropriate to make the prayer brief, because among the people
are those who are sick or elderly or who need to go about their
business, as the Prophet (blessings and peace of Allah be upon him)
said to Mu'aadh and as Maalik said there may be a man who wants to go
back to his work or who may be needed to help others when he is
praying Fajr and Zuhr, so it is recommended for the imam to recite a
short soorah. The same applies to the traveller; people praying behind
him may want him to keep it brief.
End quote fromSharh Saheeh al-Bukhaari, 2/385
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
It is best for the imam to seek to emulate the prayer of the Messenger
of Allah (blessings and peace of Allah be upon him) and the way in
which he led his Companions in prayer. Rather this is what is
prescribed and is what the Imams enjoined, as it is proven
inas-Saheehthat the Prophet (blessings and peace of Allah be upon him)
said to Maalik ibn al-Huwayrith and his companion: "When the time for
prayer comes, give the adhaan (call to prayer) and the iqaamah (call
immediately preceding the prayer), let one of you lead the other in
prayer and pray as you have seen me praying." And it is proven
inas-Saheehthat he used to recite in Fajr prayer something between
sixty and one hundred verses, which is between approximately one third
and one half of a juz', of which there are thirty. So he would recite
the lengthy soorahs of al-mufassal such as Qaaf (50), "Alif-Laam-Meem
tanzeel", and al-Mulk (67); and he would recite Soorat al-Mu'minoon
(23), as-Saaffaat (37) and so on… And sometimes he would make it
brief, either because he was travelling or for some other reason, as
he (blessings and peace of Allah be upon him) said: "I may start to
pray, intending to make it lengthy, then I hear the crying of a child
so I make it brief because of what I know of his mother's concern for
him." And it was narrated from him that he used to recite in Fajr
Soorat at-Takweer (81) and Soorat az-Zalzalah (99). So the imam should
usually do what the Prophet (blessings and peace of Allah be upon him)
usually used to do, then if there is a purpose to be served by making
it longer than that or shorter than that, then he should do so, as the
Prophet (blessings and peace of Allah be upon him) sometimes used to
do more than that or less than that.
And Allah knows best.

Dought & clear,- (description of the prayer) - Wording of the tashahhud and sending blessings on the Prophet (peace and blessings of Allaah be upon him).

I want to know the wording of the tashahhud in prayer, and how to send
blessings on the Prophet (peace and blessings of Allaah be upon him).
Praise be to Allaah.
The Messenger(peace and blessings of Allaah be upon him) encouraged us
to learn the rulings on prayer and how he(peace and blessings of
Allaah be upon him) prayed, so that we would follow his example in
that. He said: "Pray as you have seen me praying." Narrated by
al-Bukhaari (631).
Based on this, we must pay attention to learning this.
The wordings for the tashahhud and the blessings on the Prophet(peace
and blessings of Allaah be upon him) that have been narrated in
reports are many and various. It is best for the Muslim to recite all
of them, saying it in one form on one occasion and in another form on
another occasion, and so on, so that he will have done all the
sunnahs. He should not limit himself only to some of them. But if that
is too hard for him, then he should stick to what he is able to do,
and there is no sin on him in sha Allaah.
There follow some of the versions of the tashahhud and blessings on
the Prophet(peace and blessings of Allaah be upon him) that have been
narrated in proven reports from the Prophet(peace and blessings of
Allaah be upon him) in the prayer.
Ibn Mas'ood (may Allaah be pleased with him) recited the tashahhud as
follows:At-tahiyyaatu Lillaahi wa's-salawaatu wa't-tayyibaat,
as-salaamu 'alayka ayyuha'n-Nabiyyu wa rahmat-Allaahi wa barakaatuhu.
As-salaamu 'alayna wa 'alaa 'ibaad-Illaah is-saaliheen. Ash-hadu an
laa ilaaha ill-Allaah wa ash-hadu anna Muhammadan 'abduhu wa
rasooluhu(All compliments, prayers and pure words are due to Allaah.
Peace be upon you, O Prophet, and the mercy of Allaah and His
blessings. Peace be upon us, and on the righteous slaves of Allaah. I
bear witness that none has the right to be worshipped except Allaah,
and I bear witness that Muhammad is His slave and Messenger).
Narrated by al-Bukhaari (6265) and Muslim (402).
Ibn 'Umar (may Allaah be pleased with him) recited the tashahhud as
follows:At-tahiyyaatu Lillaahi wa's-salawaatu wa't-tayyibaat,
as-salaamu 'alayka ayyuha'n-Nabiyyu wa rahmat-Allaahi wa barakaatuhu.
As-salaamu 'alayna wa 'alaa 'ibaad-Illaah is-saaliheen. Ash-hadu an
laa ilaaha ill-Allaah wahdahu laa shareeka lah wa ash-hadu anna
Muhammadan 'abduhu wa rasooluhu(All compliments, prayers and pure
words are due to Allaah. Peace be upon you, O Prophet, and the mercy
of Allaah and His blessings. Peace be upon us, and on the righteous
slaves of Allaah. I bear witness that none has the right to be
worshipped except Allaah alone with no partner or associate, and I
bear witness that Muhammad is His slave and Messenger).
Narrated by Abu Dawood (971) and classed as saheeh by al-Albaani.
The tashahhud of 'Umar was recited by him on the minbar in order to
teach the people: "At-tahiyyaatu Lillaahi, az-zaakiyaatu Lillaahi,
al-tayyibaatu Lillaahi, al-salawaatu Lillaahi. As-salaamu 'alayka
ayyuha'n-Nabiyyu wa rahmat-Allaahi wa barakaatuhu. As-salaamu 'alayna
wa 'alaa 'ibaad-Illaah is-saaliheen. Ash-hadu an laa ilaaha ill-Allaah
wa ash-hadu anna Muhammadan 'abduhu wa rasooluhu(All compliments are
due to Allaah, all pure things are due to Allaah, all pure words are
due to Allaah, all prayers are due to Allaah. Peace be upon you, O
Prophet, and the mercy of Allaah and His blessings. Peace be upon
us,and on the righteous slaves of Allaah. I bear witness that none has
the right to be worshipped except Allaah, and I bear witness that
Muhammad is His slave and Messenger).
Narrated by Maalik (204) and classed as saheeh by al-Albaani.
As for the wording of the blessings on the Prophet(peace and blessings
of Allaah be upon him), it is as follows:
"Allaahumma salli 'ala Muhammad wa 'ala aali Muhammad kama salayta
'ala Ibraaheem wa 'ala aali Ibraaheem, innaka hameedun majeed.
Allaahumma baarik 'ala Muhammad wa 'ala aali Muhammad kama baarakta
'ala Ibraaheem wa 'ala aali Ibraaheem, innaka hameedun majeed(O
Allaah, send prayers upon Muhammad and upon the family of Muhammad, as
You sent prayers upon Ibraaheem and upon the family of Ibraaheem; You
are indeed Worthy of Praise, Full of Glory. O Allaah, send blessings
upon Muhammad and upon the family of Muhammad as You sent blessings
upon Ibraaheem and upon the family of Ibraaheem; You are indeed Worthy
of Praise, Full of Glory)."
Narrated by al-Bukhaari (3370).
"Allaahumma salli 'ala Muhammad wa 'ala aali Muhammad kama salayta
'ala aali Ibraaheem, wa baarik 'ala Muhammad wa 'ala aali Muhammad
kama baarakta 'ala aali Ibraaheem fi'l-aalameen, innaka hameedun
majeed(O Allaah, send prayers upon Muhammad and the family of
Muhammad, and send blessings upon Muhammad and the family of Muhammad,
as You sent prayers and blessings upon Ibraaheem and the family of
Ibraaheem among the nations; You are indeed Worthy of Praise, Full of
Glory)."