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Wednesday, July 16, 2014

Taraaweeh prayers, - Dought&clear, - * He prayed Taraaweeh before ‘Isha’!




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I entered the masjid late for taraweeh and I missed six rakahs. after the taraweeh I prayed the four rakah of isha that I missed. do I have to pray the six rakahs that I missed of the taraweeh?.
Praise be to Allaah.
It is not correct to pray Taraaweeh and then ‘Isha’. You could have joined the congregation with the intention of praying ‘Isha’, then when the imam said the tasleem after the two rak’ahs, you could stand up and complete the last two rak’ahs. You cannot pray qiyaam before ‘Isha’, rather it should be done afterwards, and after the regular Sunnah of ‘Isha’. The prayers that you did were simply voluntary prayers and not qiyaam.
Shaykh ‘Abd al-‘Azeez ibn Baaz was asked:
If a Muslim comes to the mosque and finds the congregation praying Taraaweeh and he has not yet prayed ‘Isha’, should he pray with them, with the intention of praying ‘Isha’?
He replied:
There is nothing wrong with his praying with them with the intention of praying ‘Isha’, according to the more correct of the two scholarly views. When the imam says the tasleem he should stand up and complete his prayer. It was proven inal-Saheehaynfrom Mu’aadh ibn Jabal that he used to pray ‘Isha’, then he would go back to his people and lead them in ‘Isha’ prayer, and the Prophet (peace and blessings of Allaah be upon him) did not denounce that. This indicates that it is permissible to offer a fard prayer behind someone who is praying a naafil prayer. Inal-Saheehit is also narrated that in the fear prayer, the Prophet (peace and blessings of Allaah be upon him) led one group in praying two rak’ahs then he said the tasleem and led the other group in praying two rak’ahs, then he said the tasleem, so the first one was his fard (obligatory) prayer and the second was naafil for him whilst they were praying fard. And Allaah is the source of strength.
Majmoo’ Fataawa al-Shaykh Ibn Baaz, 12/181
And the Shaykh also said:
The Sunnah is to pray tahajjud – in Ramadaan and at other times – after the regular Sunnah of ‘Isha’, as the Prophet (peace and blessings of Allaah be upon him) used to do that. It makes no difference if the tahajjud is done in the mosque or at home.
Majmoo’ Fataawa al-Shaykh Ibn Baaz, 11/368
With regard to the Taraaweeh prayers that you have missed, you have the choice. If you want you can do them and if you want you can leave them. Taraaweeh is a naafil prayer, so you do not have to make it up as is the case with the five daily prayers.
And Allaah knows best.



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Conditions for Zakaah Being Obligatory, - Dought & clear, - * No zakaah is due if one ceased to own the nisaab (minimum threshold) before the year was complete




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A person bought 64 head of sheep from his mother and ownership passed to him, and there was only one month left before the year was complete for zakaah to be paid on them when they were in his mother's possession. He is asking about zakaah: should he pay the zakaah on them? Or does zakaah have to be paid on them as he only bought them a few days ago, and there was only one month left for the year to be completed when they were in his mother's possession?.
Praise be to Allaah.
Zakaah is due on sheep if they reach the nisaab or minimum threshold -- which is forty sheep -- and one full (Hijri) year has passed since they came into your possession, because of the hadeeth of Ibn Maajah (1792) from ‘Aaishah (may Allaah be pleased with her) who said: I heard the Messenger of Allaah (blessings and peace of Allaah be upon him) say: “There is no zakaah on wealth until one year has passed.” Classed as saheeh by al-Albaani inIrwa’ al-Ghaleel, no. 787.
The passage of one year is a condition of zakaah being obligatory on gold, silver, cash and an’aam animals (i.e., camels, cattle, sheep and goats).
If you ceased to own it before the year was completed, either because the property was destroyed or sold or given away and the like, then zakaah is not obligatory on it.
Based on that, zakaah is not due from your mother, because she ceased to own the sheep before one year was completed. And zakaah is not due from you for these sheep that you bought until one full year has passed from the time that you took possession of them.
And Allaah knows best.





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Conditions for Zakaah Being Obligatory, - Dought & clear, - * One who uses a tripto get out of paying zakaah is sinning and the obligation of paying zakaah is not waived in his case




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Some people use tricks with regard to zakaah. They have land or livestock and so on, and to get out of paying zakaah they sell it or exchange it before one year has passed. Does this action mean that the duty of paying zakaah is waived or not?.
Praise be to Allaah.
Firstly:
Undoubtedly using tricks to get out of shar’i obligations is a haraam action and the fact that the person is trying to trick Allah is something reprehensible and blameworthy according to all wise people. How can the Muslim dare to try to deceive Allah when he knows that Allah can see him and knows what he is hiding?!
Ibn al-Qayyim (may Allah have mercy on him) said, after mentioning that using tricks is haraam: The evidence that we have mentioned and much more indicates that it is haraam to use tricks and issue fatwas on the bass of these tricks with regard to the religion of Allah. The one who studies the hadeeths which speak of the curse will find that most of them refer to the one who regards as permissible that which Allah has forbidden and tries to avoid obligatory duties by means of tricks. For example, the Prophet (blessings and peace of Allah be upon him) said: “May Allaah curse al-muhallil and al-muhallal lahu [The muhallil is the one who marries a woman and divorces her so that she can go back to her first husband, and the muhallal lahu is the first husband.]” and he said: “May Allah curse the Jews. Animal fat was forbidden to them, so they rendered it and sold it and consumed its price.” End quote fromI’laam al-Muwaqqi’een, 3/150
Al-Qurtubi (may Allah have mercy on him) said (9/137):
The scholars are unanimously agreed that before one full year has passed, a man may dispose of his wealth by selling it or giving it away, if he does not intend to avoid paying zakaah, and they are unanimously agreed that if one year has passed and the zakaah collector has come to collect it, it is not permissible for him to use tricks or reduce the amount he should pay.
Maalik said: If anything is disposed of from his wealth with the intention of avoiding paying zakaah one month or so before the end of the year, then he must pay zakaah.
Then he said: The one who tries to avoid any of the duties he owes to Allah by means of a trick will never prosper and Allaah will never accept any excuse from him. What the fuqaha’ permitted of disposing of some of one's wealth close to the end of the year only applies to that which is not intended as a means of avoiding paying zakaah. The one who intends to avoid paying it is sinning and the duty is not waived, and Allah will bring him to account. End quote.
Once this is established, it will be known that the one who has the slightest common sense, decency and religious commitment should not do any of these tricks which may be a cause of loss in this world and in the Hereafter. It may be that the heedless and deceived one is seeking thereby to increase his wealth and make it grow, but that will be a cause of it being doomed and diminished, or having no blessings in it, so that neither he nor his children will benefit from it. Or perhaps his wealth will be a cause of trouble for him and his offspring, so the Shaytaan will send against him his helpers to make him spend it on haraam things, pleasures and evil desires, as is no secret to the one who has seen how people are, especially the children of traders and other wealthy people who do not give what is due to Allah of their wealth and do not dispose of it in the way enjoined by Allah.
End quote fromFataawa Ibn Hajar al-Haytami(may Allah have mercy on him), 5/241
From the words of Imam Malik quoted above, we see that if a person uses tricks to avoid paying zakaah, the duty is not waived from him and that it does not benefit him. He still has to pay zakaah when one year has passed.
Ibn Qudaamah said inal-Mughni(2/285): If he does that in an attempt to avoid paying zakaah, the duty is not waived for him, whether what is exchanged is livestock or anything else that reaches the minimum threshold (nisaab). The same applies if he uses up or destroys part of the minimum threshold with the aim of making it fall below that threshold so that zakaah will be waived; it is not waived and the zakaah should be taken from him at the end of the year, if he sold it or used it up when the time for zakaah to become obligatory was approaching. But if he did that at the beginning of the year, no zakaah is due, because that is not assumed to be a trick to avoid paying. End quote.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) was asked: Is it permissible for two or three men to put their flocks together for the sake of zakaah?
He replied:
It is not permissible to put together or separate wealth or property that is subject to zakaah so as to avoid paying it or in order to reduce amount paid, because the Prophet (blessings and peace of Allah be upon him) said in the saheeh hadeeth: “Do not put together separate flocks and do not divide a flock so as to avoid zakaah.” Narrated by al-Bukhaari in hisSaheeh.
If a man has 40 sheep and he divides them so that no zakaah will be due on them, the duty of paying zakaah is not waived for him, and by doing that he is sinning, because he is trying to use a trick to avoid that which Allah has made obligatory. End quote.Majmoo’ al-Fataawa, 14/59.
And Allah knows best.





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Conditions for Zakaah Being Obligatory, - Dought & clear, - * He got a certified cheque in order to buy a house and one year has passed; does he have to pay zakaah?




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I got a certified cheque to buy a house but the title was only transferred two months later, because one of the heirs of the previous owner was a minor and the system appointed a trustee. This procedure meant that it took two months to transfer title of the house. Does zakaah have to be paid on this cheque? Please note that after these two months, the money had been in my possession for one year and one month, but I got the cheque one month before the year ended.
Praise be to Allaah.
If you gave the owner a certified cheque and the money indicated by the cheque was no longer under your control, then you do not have to pay zakaah because the money was no longer in your possession. If it was possible to cancel it and dispose of the money, such as if the cheque was still in your hands or the sale of the house had not yet been completed, then zakaah became obligatory on you when one year had passed, because if the cheque was still in your hand then you were still in possession of the money. If the sale had not been completed but we assume that you gave the cheque to the owner then it is regarded as a debt that was owed until the sale was completed, and it is obligatory to pay zakaah on debts that one is owed by other people.
You did not state whether you gave the cheque to the owner or not, or whether the sale had been completed and it only remained to hand over their house or it had not yet been completed. If you are uncertain about anything in this answer, then you may ask again with more details.
And Allah knows best.





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