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Thursday, October 23, 2014

Womens Work, - Dought & clear, - * Salaryfrom Unlawful Work



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For about six years I used to work in factories related to foreign companies. Men and women were mixing and of course we talked and joked together and saw haram (impermissible) things happening between men and women, especially during the night shifts. I was receiving my salary monthly. I left this work about two years ago. But I still have some things I bought using those salaries, like a sewing machine I bought to sew women’s clothes. I did not care if they were modest clothes or not. I used to just sew whatever they asked me for. Now I have repented to Allah, the Exalted, and stopped doing this.
My question is: what is the ruling on the salary I received from this work? And what is the ruling on the things I bought using that money? What shall I do regarding those things, like the sewing machine, some gold and some furniture?
Please guide me to Allah’s satisfaction. I want my repentance to be totally pure.
Praise be to Allah.
Firstly:
We praise Allah for having guided you to repent, for the best thing that a person can do in this world is to turn sincerely to Allah. When Allah wills good for a person, He opens the door to humility for him, and makes him see his faults, ignorance, wrongdoing and transgression of His limits, and softens his heart so that he may repent, pray for forgiveness and regret his sins and shortcomings.
Your work in a mixed environment and manufacturing and producing things that may be used in haram ways was one of the haram things which are forbidden by Islamic sharee’ah (law) so as to protect religious commitment and to protect Muslim societies, in adherence to the limits set by Allah, so as to venerate His laws and in acknowledgement of His might, may He be glorified and exalted.
Ibn al-Qayyim said in al-Wabil al-Sayyib:
As for the signs of being serious about keeping away from forbidden things, they are: keeping away from things that could lead to them, and avoiding all means of drawing close to them, such as the one who flees from places in which there are images that lead to fitnah (temptation), for fear of being tempted by them, and giving up things with which there is nothing wrong for fear of things that are wrong, and avoiding excessive indulgence in permissible things for fear of falling into that which is makrooh (disliked), and avoiding people who commit sin openly or regard it as good and promote it and take it lightly and do not care about what they do of sin. Mixing with such people is likely to incur the wrath and anger of Allah, so no one mixes with them except the one whose heart is lacking in respect for Allah and His sacred limits. End quote.
Secondly:
Sewing immodest women’s clothes – for those who will wear them for sinful purposes and use them to cause fitnah (temptation) – is a haram action, because it is helping with evil. What the Muslim must do is respect the sacred limits of Allah and not accept to be a means of Allah being disobeyed or agree to be one of the helpers and troops of the shaytan (devil).
Ibn Taymiyah said in Sharh al-‘Umdah:
For any garment that it is thought will be likely to be used for sinful purposes, it is not permissible to sell it or sew it for the one who will use it for sinful purposes. The same applies to everything that is basically permissible, if it is known that it will be used for sinful purposes. End quote.
He also said, in Majmoo’ al-Fatawa:
If he helps a man to disobey Allah then he is sinning, because he has helped in sin and transgression. Hence the Prophet (peace and blessings of Allah be upon him) cursed alcohol, the one who squeezes (the grapes, etc), the one for whom it is squeezed, the one who carries it, the one to whom it is carried, the one who sells it, the one who buys it, the one who pours it, the one who drinks it and the one who consumes its price.
Most of these people, such as the one who squeezes (the grapes, etc), the one who carries it and the one who pours it are helping in drinking it. Hence it is forbidden to sell weapons to one who will use them in unlawful fighting, such as fighting the Muslims or fighting in fitnah (civil war). End quote.
Ibn Hazm said in al-Muhalla:
It is not permissible to sell anything to someone who will certainly use it to disobey Allah and the transaction is null and void. For exampe, such as selling anything that may be squeezed or pressed to one who will certainly use it to make alcohol, or selling a slave to one who will certainly mistreat his slaves, or selling weapons or horses to one who will certainly use them for aggression against the Muslims, or selling silk to one (a man) who will certainly wear it, and so on with regard to all things, because Allah says (interpretation of the meaning):
“Help you one another in Al‑Birr and At‑Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allah. Verily, Allah is Severe in punishment.”
[5:2]
The transactions that we have mentioned are obviously helping in sin and transgression, and annulling them is helping in righteousness and piety. If no such thing is certain then the transaction is valid, because it is not helping in sin, and if the purchaser disobeys Allah after that, then the sin is on him. End quote.
It says in al-Mawsoo’ah al-Fiqhiyyah: It is not permissible to practise a profession that leads to haram or that may help in committing haram, such as tattooing, because it involves changing the creation of Allah, or recording riba (interest), because this involves helping to consume people’s wealth unlawfully, and so on. End quote.
Thirdly:
One of the conditions of repenting from haram wealth is getting rid of it, by spending it in the interests of the Muslims and on various charitable causes.
Ibn Taymiyah said in Majmoo’ al-Fatawa: The one who accepts payment for haram things, such as payment for those who carry alcohol, or payment for the one who makes a cross, or the fees of a prostitute and so on, should give it in charity and repent from that haram action, and giving that payment in charity will be an expiation for what he has done. It is not permissible to make use of these payments because they are evil wages. End quote.
It says in al-Furoo’ by Ibn Muflih: In the case of haram wealth, what must be done is repentance and getting rid of it immediately. End quote.
What you must do is work out how much you earned from sewing clothes for immodest women, then give it to the poor and needy in the hope that it will expiate your previous sins. As for the property that you have acquired from working in that factory – including the sewing machine – you do not have to get rid of it, because the reason why it is haram is not directly connected to the original work, rather it is because of the mixing that accompanied it, which has nothing to do with the original work, unless the factory’s work was haram in the first place, such as manufacturing alcohol, cigarettes or haram machines, in which case you would have to get rid of the wages that you took from it.
If you are in difficulty and you cannot get rid of all the money that you acquired from sewing haram clothes, then there is no sin on you if you keep what you need.
Shaykh al-Islam Ibn Taymiyah said in Majmoo’ al-Fatawa:
If this prostitute and this wine-maker have repented and they are poor, it is permissible to give them as much of this money as they need. But if he is able to engage in business or do a handicraft such as weaving or spinning, he should be given enough to serve as capital (to set himself up in business). End quote.
And Allah knows best.




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Wednesday, October 22, 2014

Making Up Missed Prayers, - Dought & clear, - * She has made up the prayers that she missedwhen she was younger and wants to carry on making them up



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My mother did not pray for several years when she was young, and when she heard from one of the shaykhs that it is obligatory to make up missed prayers, she regretted it and repented, and she promised Allaah that she would make up the prayers that she had missed so long as she lived. In fact she has fulfilled her promise and has made up for all the years during which she did not pray. But she says to us: “I have to keep on praying because I said when I made a promise to my Lord, ‘as long as I live’ and I am still alive.” She offers the obligatory prayers and not the naafil prayers, although she knows that she hads offered all the prayers that she missed. Is what she is doing correct? Is it regarded as a vow?.
Praise be to Allaah.
The majority of fuqaha’ are of the view that the one who does not pray for a while after he reaches puberty has to make up the prayers that he missed. If he does not know how many prayers he missed, then he should do what he thinks is most likely the number of prayers that he missed.
It should be noted that the prayers that she missed when she was young, before reaching puberty, do not have to be made up, because she was not accountable at that time.
Some scholars are of the view that whoever deliberately misses prayers does not have to make them up; all he has to do is repent and do good deeds in the future.
See the answers to questions no. 7969and 72216.
Anyway, what is required of your mother is to seek forgiveness a great deal, repent and do naafil deeds in the hope that Allaah will accept her repentance. Allaah says (interpretation of the meaning):
“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82]
With regard to her saying that she made a promise to Allaah to make up the missed prayers for as long as she lives, this is a vow to make up the prayers that she missed, and she has done that and fulfilled that vow. So she does not have to continue making up prayers that she has in fact made up, because a prayer can only be made up once.
As for her saying “as long as I am still alive”, it seems that what is meant by this expression is that she will continue to fulfil her vow as long as she is still alive, and she will never stop making up prayers because of sickness, being busy or any other reason that may distract her from praying.
If she wants to carry on praying, this is a good deed that was encouraged by the Messenger (peace and blessings of Allaah be upon him) when he said: “Prayer is the best thing prescribed, so whoever can offer a great deal of it let him do so” (narrated by al-Tabaraani inSaheeh al-Jaami’(3870)) – so long as that is done with the intention of offering naafil prayers, not with the intention of making up missed prayers.
And Allaah knows best.





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Making Up Missed Prayers, - Dought & clear, - * Should Duha prayer bemade up if the time for it has ended?



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If I miss Duha prayer after twelve noon, should I make it up even if that it after Zuhr prayer?.
Praise be to Allaah.
Firstly:
The time for Duha prayer is from when the sun has risen to the height of a spear, which is fifteen or twenty minutes after sunrise, until just before the sun passes its zenith (and the zenith is when the time for Zuhr prayer begins). What is meant by just before the sun passes its zenith is ten to fifteen minutes before it reaches the zenith, i.e. before the time when it is forbidden to pray begins. End quote.Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen(may Allaah have mercy on him), (14/306).
Ibn Muflih (may Allaah have mercy on him) said: The time for (Duha) is from when the time when it is forbidden to prays ends, until the sun reaches its zenith. What is meant – and Allaah knows best – is just before the sun passes its zenith, because it is forbidden to pray at that time. End quote fromal-Furoo’(1/5670.
Secondly:
The scholars differed with regard to making up Duha prayer if the time has ended. Some of them were of the view that it should be made up, and this is the correct view according to the Shaafa’is and some of the Hanbalis. Others were of the view that it should not be made up. This is the old view of al-Shaafa’i and of the Hanbalis and Maalikis.
Al-Nawawi (may Allaah have mercy on him) said inal-Majmoo’(3/532): Our companions said: Naafil prayers are of two types, one that is not connected to a specific time and is only done for a reason such as eclipses, praying for rain and greeting the mosque. If it is missed, it cannot be made up. The second type is connected to a specific time, such as Eid prayer, Duha and regular Sunnah prayers that are offered with obligatory prayers, such as the Sunnah of Zuhr etc. There are three views concerning these, the correct view is that it is mustahabb to make them up. Al-Qaadi Abu’l-Tayyib and others said that this is the view that is stated in the new view (of al-Shaafa’i).
The second view is that they should not be made up. This was stated in the old view (of al-Shafaa’i), and it is the view of Abu Haneefah.
The third view is that independent prayers such as Eid and Duha should be made up, whereas prayers that are not independent such as the regular Sunnah prayers that are offered with obligatory prayers should not be made up. If they are made up then the correct view is that they should always be made up. Some of our companions narrated a weak view which is that missed prayers of the day may be made up so long as the sun has not set and missed prayers of the night may be made up so long as the sun has not risen. Based on this, the Sunnah of Fajr may be made up so long as it is still day… This is all weak (da’eef) and the correct view is that it is mustahabb to make up all prayers at all times. The evidence for that is the words of the Prophet (peace and blessings of Allaah be upon him): “Whoever sleeps and misses a prayer or forgets it, let him pray it when he remembers it.” And Abu Qataadah (may Allaah be pleased with him) narrated that the Prophet (peace and blessings of Allaah be upon him) missed Fajr prayer whilst travelling, until the sun had risen. So he did wudoo’ then he prayed two rak’ahs, then the iqaamah was given and he prayed Fajr prayer. What is meant by two rak’ahs here is the regular Sunnah prayer that comes before Fajr. And Umm Salamah (may Allaah be pleased with her) narrated that the Prophet (peace and blessings of Allaah be upon him) prayed two rak’ahs after ‘Asr and she asked him about that. He said: “Some people from ‘Abd al-Qays came to me with the news that their people had become Muslim and they distracted me from the two rak’ahs that come after Zuhr, so I did these two rak’ahs after ‘Asr.” Narrated by al-Bukhaari and Muslim. And Abu Hurayrah (may Allaah be pleased with him) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever did not pray two rak’ahs of Fajr until the sun rose, let him pray them (now).” Narrated by al-Bayhaqi with a jayyid isnaad. And it was narrated from Abu Sa’eed (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever slept and missed Witr, or forgot it, let him pray it when he remembers.” Narrated by Abu Dawood with a hasan isnaad. And it was narrated from ‘Aa’ishah (may Allaah be pleased with her) that if the Prophet (peace and blessings of Allaah be upon him) missed praying at night because of pain or anything else, he would pray twelve rak’ahs during the day. Narrated by Muslim. There are many other ahaadeeth about this matter, apart from those which we have mentioned, but this is sufficient. And Allaah is the Source of strength. End quote.
Al-Mardaawi said inal-Insaaf(2/191): Shaykh ‘Abd al-Qaadir said: He may do it after the sun has passed its zenith, but if he delays it until he has prayed Zuhr, he may make it up. End quote.
The Hanafis stated that if the Sunnah prayers are missed, none of them should be made up except the Sunnah of Fajr, which should be made up if it is missed along with the obligatory prayer, and it may be made up until the sun reaches its zenith.Al-Fataawa al-Hindiyyah(1/112).
This is also the view of the Maalikis. In their view no naafil prayer should be made up except the two rak’ahs of Fajr, which may be made up until the sun reaches the zenith, whether the obligatory Fajr prayer was offered alongside it or not.Balghat al-Saalik(1/408).
See alsoal-Mawsoo’ah al-Fiqhiyyah al-Kuwaitiyyah(34/37).
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) favoured the view that Duha prayer should not be made up if the time for it has ended. He was asked: If the Sunnah prayer of Duha is missed, should it be made up or not?
He replied: If the time for Duha prayer is missed, then the prayer has been missed, because it is limited to that time. But with regard to the regular Sunnah prayers, because they are connected to the obligatory prayers, they may be made up alongside them. The same also applies to Witr, because it is proven in the Sunnah that if the Prophet (peace and blessings of Allaah be upon him) slept or was ill at night he would pray twelve rak’ahs during the day. And Witr may also be made up. End quote fromMajmoo’Fataawa al-Shaykh Ibn ‘Uthaymeen(14/305).
The matter is broad in scope, praise be to Allaah.




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Making Up Missed Prayers, - Dought & clear, - * She had an operation and offered severalprayers without having purified herself and without facing the qiblah



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I had an operation after Maghrib and the effects of the anaesthetic lasted until Fajr the next day, i.e., I did not pray ‘Isha’ or Fajr. When I woke up from the anaesthetic, I prayed them without doing wudoo’ or even facing the qiblah, and I did not wear my head cover, because of my medical state, whereby I could not even turn over onto my other side. I was in this state until ‘Isha’ and I offered all the prayers in this manner. I would like to ask your advice: should I repeat these prayers or not? If the answer is yes, then what is the manner in which I should repeat them? Should I pray Fajr today and then pray Fajr again with the intention of making up the Fajr that I did not pray, and so on with the rest of the prayers, or what?.
Praise be to Allaah.
Firstly:
When a sick person wakes up from the anaesthetic, he has to make up the prayers that he missed for that reason.
Secondly:
If a sick person is unable to do wudoo’ and there is no one who can help him do wudoo’, then he should do tayammum, even if he strikes his hands against a wall or piece of furniture if there is dust on it, or he may bring some dirt with him with which to do tayammum. If he is unable to do tayammum then he may pray as he is.
The same applies with regard to facing the qiblah and covering the ‘awrah (wearing a khimaar or head cover). If he is able to do any of that then he must do it, but whatever he is unable to do is waived for him and he is not accountable for it, because Allaah says (interpretation of the meaning):
“Allaah burdens not a person beyond his scope”
[al-Baqarah 2:286]
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: If a sick person cannot find any dust, can he do tayammum using the walls or furniture, or not?
He replied: The walls come under the heading of clean earth, so if the walls are built of clean earth, whether that is stones or clay bricks, then it is permissible to do tayammum using them. But if the walls are covered with wood or paint, if there is dust on it they may be used for tayammum and there is nothing wrong with that because then he will be like one who does tayammum on the earth, because dust comes from the earth, but if there is no dust on it, then it does not come under the heading of clean earth, so he should not use it for tayammum.
With regard to furniture we say: if there is dust on it he may use it for tayammum otherwise he should not do tayammum on it, because it does not come under the heading of clean earth. End quote fromFataawa al-Tahaarah(p. 240).
The Standing Committee for Issuing Fatwas was asked: I am bedridden and cannot move. How can I purify myself in order to pray, and how can I pray?
They replied: Firstly: with regard to purification, the Muslim must purify himself with water; if he is unable to use it because he is sick or for some other reason, he may do tayammum with clean earth. If he is unable to do that then the requirement to purify himself is waived and he should pray as he is. Allaah says (interpretation of the meaning):
“So keep your duty to Allaah and fear Him as much as you can”
[al-Taghaabun 64:16]
“and [Allaah] has not laid upon you in religion any hardship”
[al-Hajj 22:78]
With regard to urine and faeces, it is sufficient to clean it with stones (istijmaar) or clean tissues with which the place where it comes out should be wiped three times or more, until the place is clean.
Secondly:
With regard to prayer, the sick person has to pray standing. If he cannot pray standing, then sitting, and if he cannot sit, then on his side, because of the report from ‘Imraan ibn Husayn, that the Prophet (peace and blessings of Allaah be upon him) said: “Pray standing, and if you cannot then sitting, and if you cannot then on your side.” And Allaah says (interpretation of the meaning):“So keep your duty to Allaah and fear Him as much as you can”[al-Taghaabun 64:16]. End quote fromal-Fataawa al-Muta’alliqah bi’l-Tibb wa Ahkaam al-Marda, p. 78.
Thirdly:
If you prayed as you described, without wudoo’ or tayammum, and without facing the qiblah, and without wearing the khimaar because you were unable to do that, and because there was no one to help you do wudoo’ or tayammum or to make you face the qiblah, then your prayer is valid and you do not have to repeat it.
If it was possible for you to do tayammum or wudoo’ with the help of another person, but you failed to ask for help, then you have fallen short in seeking to purify yourself, which is a condition of the prayer being valid, and you have to repeat the prayers that you offered when you were not pure and did not face the qiblah.
Fourthly:
The prayers must be repeated immediately, if you are able, as soon as you come to know that repeating them is obligatory. You should start with the prayer that you missed, and offer them in order with the proper intention, and pray ‘Isha’ for the first day, then Fajr, Zuhr, ‘Asr, Maghrib and ‘Isha’ for the second day.
What is meant is that you should do that in one go, if possible, whether that is in the morning or at noontime or at whatever time of day you come to know of the ruling that they must be repeated. It is not permissible to delay the prayers and make them up at separate times, as some people think.
If making them up in one go is too difficult for you, then you should pray whatever you can, then rest, then finish making up whatever prayers you owe.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a sick person who had surgery and missed a number of obligatory prayers. Should he pray them all together after he recovers, or should he pray each one at its proper time, such as praying Zuhr with Zuhr and so on?
He replied:
He should offer them all together in one go, because when the Prophet (peace and blessings of Allaah be upon him) missed ‘Asr during the battle of al-Khandaq, he prayed it before praying Maghrib. If a person misses some obligatory prayers he must pray them all together and not delay them. End quote fromMajmoo’ Fataawa Ibn ‘Uthaymeen(12/222).
And Allaah knows best.





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