Night Prayer, - Dought & clear, - * Ruling on negligence in performing Witr prayer

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Is it permissible to omit Witr prayer? What are the consequences of omitting it?.
Praise be to Allaah.
Witr prayer is Sunnah mu’akkadah (a confirmed suunah) according to the majority of scholars, and some of the fuqaha’ regarded it as obligatory.
The fact that it is not obligatory is indicated by the hadeeth narrated by al-Bukhaari (1891) and Muslim (11) from Talhah ibn ‘Ubayd-Allaah (may Allaah be pleased with him) who said: A man came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: “O Messenger of Allaah, what prayers has Allaah enjoined on me?” He said: “The five prayers, unless you do anything voluntarily.” The version narrated by Muslim says: “Five prayers every day and night.” He said: “Do I have to do anything else?’ He said, “No, unless you do it voluntarily.”
Al-Nawawi said:
This indicates that Witr prayer is not obligatory. End quote.
Al-Haafiz said inal-Fath:
This indicates that no prayers during the day and night are obligatory apart from the five prayers; this is contrary to the view of those who say that Witr or the two Sunnah rak’ahs of Fajr are obligatory. End quote.
However it is the most confirmed Sunnah and was enjoined by the Prophet (peace and blessings of Allaah be upon him) in more than one hadeeth.
Muslim (754) narrated from Abu Sa’eed (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Perform Witr before morning comes.”
Abu Dawood (1416) narrated that ‘Ali (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “O people of the Qur’aan, pray Witr, for Allaah is One and loves that which is odd-numbered.” Classed as saheeh by al-Albaani inSaheeh Abi Dawood.
Hence we should continue to offer Witr prayer regularly, whether travelling or not, as the Prophet (peace and blessings of Allaah be upon him) used to do. Al-Bukhaari (1000) and Muslim (700) narrated that Ibn ‘Umar (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) was on a journey, atop his mount, whichever direction it was facing, gesturing the motions of the night prayer, except the obligatory prayer, and he prayed Witr atop his mount.”
Ibn Qudaamah (may Allaah have mercy on him) said: Witr is not obligatory. This is the view of Maalik and al-Shaafa’i. Abu Haneefah said: it is obligatory. Then he said: Ahmad said: Whoever omits to pray Witr deliberately is a bad man, whose testimony should not be accepted. He wanted to emphasize that it is confirmed because of the ahaadeeth which say that it is enjoined and encouraged. End quote fromal-Mughni, 1/827
The scholars of the Standing Committee were asked: Is Witr prayer obligatory, and will the one who prays it on some days and not on others be punished for that?
They replied:
Witr prayer is Sunnah mu’akkadah (a confirmed Sunnah) which the believer should adhere to. Whoever prays it on some days and not on others will not be blamed for that, but he should be advised to pray Witr regularly. It is prescribed to pray two rak’ahs during the day instead if a person misses it, because the Prophet (peace and blessings of Allaah be upon him) used to do that, as it was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: If sleep or sickness kept him from praying at night, the Prophet (peace and blessings of Allaah be upon him) would pray twelve rak'ahs during the day. Narrated by Muslim in hisSaheeh. The Prophet (peace and blessings of Allaah be upon him) usually prayed eleven rak’ahs at night, saying the salaam after each two rak'ahs then praying one rak'ah on its own. But if sleep or sickness kept him from doing that, he would pray twelve rak’ahs during the day, as ‘Aa’ishah (may Allaah be pleased with her) stated. Based on this, if a person usually prays five rak’ahs at night but he sleeps or misses them for any other reason, it is prescribed for him to pray six rak’ahs during the day, saying salaam after each two rak’ahs. If his habit is to pray three rak’ahs, then he should pray four rak'ahs with two salaams, and if his habit is to pray seven rak’ahs, he should pray eight with the salaam after each two rak’ahs.

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Night Prayer, - Dought & clear, - * Can theperson prayingbehind the imam read something from the Mushaf other than what the imam is reciting?

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I pray behind the imam in Taraweeh prayers, but after saying ameen and reciting al-Faatihah, I read from the Mushaf that is in my hand, for my own completion of the Qur’aan, then I follow the imam in the rest of the prayer. Is it permissible for me to read from the Mushaf after al-Faatihah, knowing that I am reading a different soorah than the imam?.
Praise be to Allaah.
Firstly:
What the person praying behind the imam should do is to recite al-Faatihah then listen attentively to the recitation of his imam. It is not permissible for him to recite anything more than al-Faatihah, whether he recites it from memory or from the Mushaf.
Allaah has commanded worshippers and others to listen attentively when the Qur’aan is recited to them. Allaah says (interpretation of the meaning):
“So, when the Qur’aan is recited, listen to it, and be silent that you may receive mercy”
[al-A’raaf 7:204]
A similar command was issued by the Prophet (peace and blessings of Allaah be upon him). It was narrated that Abu Moosa al-Ash’ari (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The imam has been appointed to be followed, so when he says takbeer, then say takbeer, and when he recites, then listen attentively.” Narrated by Muslim, 404.
No exception is made from that apart from the recitation of al-Faatihah only.
It was narrated that ‘Ubaadah ibn al-Saamit (may Allaah be pleased with him) said: We were behind the Messenger of Allaah (peace and blessings of Allaah be upon him) in Fajr prayer, and the Messenger of Allaah (peace and blessings of Allaah be upon him) recited and the recitation became difficult for him. When he had finished he said: “Perhaps you were reciting behind your imam?” We said: Yes, that is so, O Messenger of Allaah. He said: “Do not do that, except for the Opening of the Book (al-Faatihah), for there is no prayer for the one who does not recite it.” Narrated by Abu Dawood, 823; classed as saheeh by Shaykh Ibn Baaz in hisFataawa, 11/221.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said:
It is not permissible for the one who is praying behind the imam in a prayer in which Qur’aan is recited out loud to recite anything more than al-Faatihah, rather after that he must remain silent and listen attentively to the recitation of the imam, because the Prophet (peace and blessings of Allaah be upon him) said: “Perhaps you were reciting behind your imam?” We said: Yes, that is so, O Messenger of Allaah. He said: “Do not do that, except for the Opening of the Book (al-Faatihah), for there is no prayer for the one who does not recite it.” And because Allaah says (interpretation of the meaning):“So, when the Qur’aan is recited, listen to it, and be silent that you may receive mercy”, and the Prophet (peace and blessings of Allaah be upon him) said: “When he recites, then listen attentively.”
With regard to the exception that is made with regard to al-Faatihah only, that is because of the hadeeth quoted above, and because the Prophet (peace and blessings of Allaah be upon him) said: “There is no prayer for the one who does not recite the Opening of the Book.” Saheeh – agreed upon. End quote.
Majmoo’ Fataawa al-Shaykh Ibn Baaz, 11/234
Secondly: In the answer to question no. 52876, it says that the person who is praying behind the imam should not hold the Mushaf behind his imam, and that holding it is contrary to the Sunnah. This applies if he is following the recitation of his imam. But if he is carrying the Mushaf and reading something other than what his imam is reciting, then this is haraam, as stated above, because it is not permissible for the person who is praying behind the imam in a prayer in which Qur’aan is recited out loud to recite anything more than al-Faatihah. And Allaah knows best.

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Zakaah , Dought & clear, - * Can he give his zakaahto his brother on whom his father spends?

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Is it permissible to give my zakaah to my brother who has not yet completed his university studies because of psychological problems and has not found a job? He is currently staying with my father who spends on him. Please note that my father is not very well off.
Praise be to Allaah.
Giving zakaah to one's deserving relatives is better than giving it to those who are not your relatives, because charity given to a relative is both charity and upholding the ties of kinship. But if these relatives are among those on whom you are obliged to spend, then it is not permissible for you to give your zakaah to them.
See the answer to question no. 20278
Spending on your brother is obligatory for your father, but if your father is not able to spend on him, it is permissible for you to give your zakaah to him.
The scholars of the Standing Committee were asked:
My father died (may Allaah have mercy on him), and left behind a family of seven people, including another wife besides my mother. They do not have any source of support apart from Allaah. Is it permissible to regard what I spend on them of my own money as zakaah, knowing that I am married and support another family of my own?
Secondly: I have an older brother who is married and has two wives, and he has a lot of children and can hardly afford to look after them. He often asks me for help. Is it permissible to regard what I send to him as zakaah?
They replied:
There is no reason why you should not send zakaah to your siblings through your father, both males and females, in the future, if they are poor and do not have sufficient wealth to render them in no need of zakaah. Similarly it is permissible for you to send zakaah in the future to your older brother if he is poor and has no wealth or earnings to render him in no need of zakaah, because of the general meaning of the verse on zakaah, in which Allaah says (interpretation of the meaning):
“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allaah. And Allaah is All-Knower, All-Wise”
[al-Tawbah 9:60]
Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan.
Fataawa al-Lajnah al-Daa’imah, 10/57, 58.
Elsewhere they said:
It is permissible for you to give to your half siblings and wife’s father zakaah that will suffice them, if their income is not sufficient for them.
Fataawa al-Lajnah al-Daa’imah, 10/59
Shaykh Muhamamd al-Saalih al-‘Uthaymeen (may Allaah have mercy on him) said:
With regard to your question as to whether it is permissible to give zakaah to a half-brother or full sister, the answer is that if giving zakaah to them involves waiving something that is a duty for you, such as if it is obligatory for you to spend on them, and you give them zakaah so that you will not have to spend on them and can save money, that is not permissible, because zakaah cannot be a means to avoid spending. But if it does not, such as if you are not obliged to spend on a person, because you are not one of his heirs, or because you cannot afford to spend on him as well as your own family, or you give it to him to pay off a debt that he owes and cannot repay, then it is permissible for you to give your zakaah to him, and indeed that is better than giving it to someone else, because giving it is both charity and upholding the ties of kinship.
And Allaah knows best.

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Zakaah , Dought & clear, - * It is notpermissible to deduct the costs of transferring zakaah from the zakaah

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If transferring zakaah to the poor requires travelling, can the travel costs be deducted from the zakaah?.
Praise be to Allaah.
In answer to a question we stated that zakaah may be taken from the land where the wealth is, and it is permissible to transfer it to another country in cases of need or where that serves a purpose, such as if the poor in the land to which it is transferred are in greater need, or are relatives of the one who is paying zakaah, and so on.
Secondly:
The owner of the wealth is obliged to make sure the zakaah reaches those who are entitled to it. Based on this, if getting it to the poor requires travelling and other costs, these must be paid for by the owner of the wealth, and it is not permissible to deduct them from the zakaah.
Al-Nawawi (may Allaah have mercy on him) said inal-Majmoo’, 6/213:
As it is permissible to transfer zakaah (to another country), or may be obligatory, the costs of doing so must be borne by the owner of the wealth. End quote.
Al-Mardaawi (may Allaah have mercy on him) said inal-Insaaf(7/174):
The cost of transferring the zakaah is to be borne by the owner of the wealth. End quote.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: A person has been asked to take some zakaah abroad at the personal level; is it permissible for him to be given the travel expenses from the zakaah, knowing that he cannot afford to pay for that himself?
He replied:
It is not permissible for him to take anything from the zakaah for this trip, because what the person who owes zakaah must do is to send it to the poor with his own money. If he wants to go to a place where he has to spend on travel expenses, then he should take them from the owner of the money, and the rights of the poor must be given to them in full.

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