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Wednesday, November 5, 2014

Hajj, - Hukm al-Hajj wa’l-‘Umrah (rulings on Hajjand ‘Umrah), Dought & clear, - * Woman doing Hajj on behalf of a man



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Is it permissible for a woman to do Hajj on behalf of her father?.
Praise be to Allaah.
Yes, it is permissible for a woman to do Hajj on behalf of a man.
Al-Bukhaari (1513) and Muslim (1334) narrated that ‘Abd-Allaah ibn ‘Abbaas (may Allaah be pleased with him) said: A woman from Khath’am came and said: “Allaah’s command to the people to perform Hajj has come when my father is an old man and cannot sit firmly in the saddle. Can I perform Hajj on his behalf?” He (the Prophet (peace and blessings of Allaah be upon him)) said: “Yes.” That was during the Farewell Pilgrimage.
Ibn Hazm said inal-Muhalla(5/317):
It is permissible for a woman to perform Hajj on behalf of a man or a woman, and for a man to perform Hajj on behalf of a woman or a man, because the Prophet (peace and blessings of Allaah be upon him) commanded the Khath’ami woman to perform Hajj on behalf of her father, and he commanded a man to perform Hajj on behalf of his mother, and another man to perform Hajj on behalf of his father. There is no text which forbids any of that. Allaah says (interpretation of the meaning):“and do good” [al-Hajj 22:77], and this is good. It is permissible for everyone to do it on behalf of everyone. End quote.
Ibn Qudaamah said inal-Mughni(5/27):
It is permissible for a man to be appointed to do Hajj on behalf of a man or a woman, and a woman on behalf of a man or a woman, according to the majority of scholars. We do not know of any difference of opinion, except al-Hasan ibn Saalih, who regarded it as makrooh for a woman to do Hajj on behalf of a man. Ibn al-Mundhir said: this is a failure to recognize the apparent meaning of the Sunnah, because the Prophet (peace and blessings of Allaah be upon him) commanded a woman to do Hajj on behalf of her father. End quote.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: is it permissible for a woman to do Hajj on behalf of her father even if she has brothers who are grown up?
He replied:
It is permissible for a woman to do Hajj on behalf of her father, even if she has brothers who are grown up. Both men and women can act as deputies on behalf of others. Hence the woman from Khath’am asked the Prophet (peace and blessings of Allaah be upon him)… And he quoted the hadeeth mentioned above, then he said: He (the Prophet (peace and blessings of Allaah be upon him)) gave her permission to do Hajj, and she was a woman acting on behalf of a man. But it is essential for her to have a mahram on every journey, whether that is for Hajj or for any other purpose, and whether the woman is travelling to do Hajj for herself or on behalf of someone else.





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Hajj, - Hukm al-Hajj wa’l-‘Umrah (rulings on Hajjand ‘Umrah), Dought & clear, - * He died and did not perform Hajj because he was negligent – cansomeone perform Hajj on his behalf?



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There is a person who died in his 40s. He was able to do Hajj, and he prayed all five prayers regularly. He used to say each year, “I will go for Hajj this year,” but then he died. He has heirs – can they perform Hajj on his behalf? Is there any sin on him?.
Praise be to Allaah.
The scholars differed concerning such cases. Some of them said that others may perform Hajj on his behalf and that will benefit him, and it will be as if he did Hajj for himself. Others said that no one can perform Hajj on his behalf, and even if people performed Hajj on his behalf a thousand times, it would not be accepted and would not discharge his duty. This view is correct, because this man failed to do an act of worship that was obligatory for him and should have been done straight away, with no excuse. So how can we make it up for him after his death after he neglected it? Now the estate has to do with the rights of the heirs – how can we deprive them of the costs of this Hajj, when it is not going to be accepted? This is what Ibn al-Qayyim (may Allaah have mercy on him) mentioned inTahdheeb al-Sunanand this is also my view. If a person fails to do Hajj out of negligence when he is able to do it, no Hajj will ever count for him, even if the people do Hajj on his behalf a thousand times.
As for zakaah, there are some scholars who say that if a person dies and zakaah is paid on his behalf, that is sufficient, but the basic principle that I have mentioned implies that it does not discharge his duty of paying zakaah. But I think that the zakaah may be paid from the estate, because it has to do with the rights of the poor and those who are entitled to zakaah, unlike Hajj, the cost of which cannot be taken from the estate, because it does not have to do with anybody’s rights, whereas zakaah has to do with people’s rights. So zakaah should be given to those who are entitled to it, but that does not discharge the person’s duty, and he will be given the punishment of those who do not pay zakaah. We ask Allaah to keep us safe and sound.
The same applies to fasting. If it is known that this person did not fast and was negligent in making it up, then it cannot be made up on his behalf, because he was negligent and failed to do this act of worship, which is one of the pillars of Islam, with no excuse. If it is made up on his behalf it will not benefit him. The hadeeth of the Prophet (peace and blessings of Allaah be upon him), “Whoever dies owing fasts, his heir should fast on his behalf,” applies to one who has not been negligent, and with regard to the one who failed to make up missed fasts out of negligence with no legitimate shar’i excuse, what is the point of making it up on his behalf?



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Hajj, - Hukm al-Hajj wa’l-‘Umrah (rulings on Hajjand ‘Umrah), Dought & clear, - * Obligation of performing Hajj straightaway



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Is it permissible for a person who is able to do Hajj to delay Hajj for a number of years?.
Praise be to Allaah.
If a person is able to do Hajj and meets all the conditions of it being obligatory, then he must do Hajj straight away, and it is not permissible for him to delay it.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni:
If a person is obliged to do Hajj and is able to do it, he must do it straight away and it is not permissible for him to delay it. This is the view of Abu Haneefah and Maalik. Allaah says (interpretation of the meaning):
“And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence); and whoever disbelieves [i.e. denies Hajj (pilgrimage to Makkah), then he is a disbeliever of Allaah], then Allaah stands not in need of any of the ‘Aalameen (mankind, jinn and all that exists)”
[Aal ‘Imraan 3:97] The command is to do it straight away.
And it was narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever wants to do Hajj, let him hasten to do it.” Narrated by Imam Ahmad, Abu Dawood and Ibn Maajah. According to a version narrated by Ahmad and Ibn Maajah: “…for he may fall sick or be faced with some need.” Classed as hasan by al-Albaani inSaheeh Ibn Maajah. End quote.
What is meant by “let him hasten to do it” is that a person who is accountable must do what is enjoined upon him as soon as he becomes able to do it, and it is not permissible for him to delay it with no excuse.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: Does the command to do Hajj mean that it must be done immediately or may one do it at one's leisure?
He replied:
The correct view is that it must be done straight away and it is not permissible for a person who is able to go on Hajj to the Sacred House of Allaah to delay it. The same applies to all the duties enjoined by sharee’ah: if there is no set time or reason, they must be done immediately.






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Tuesday, November 4, 2014

Commentary on Hadeeth, - Dought & clear, - * The shaking of the Throne at the death of Sa‘d ibn Mu‘aadh was only because of the joy of the Lord,may He be exalted; it was not a reflectionof any imperfection



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The hadith No 3803 In shahih bukhari volume 5 , Book of merits of Al Ansar says " Throne of ALLAH shook on the death of saad ibn Muaadh" Could you kindly explain what it means by the throne of ALLAH shook? The throne of ALLAH is upon which He subhana Wa taaala is Himself in a manner which befits him, Then how can the death of a creation shake that throne which represents His might and infinite power? He decreed death for the creation, does this not represent the weakness Of The Supreme nauzubillah? Kindly clarify on the subject
Praise be to Allah.
Firstly:
Al-Bukhaari (3803) and Muslim (2466) narrated from Jaabir (may Allah be pleased with him): I heard the Prophet (blessings and peace of Allah be upon him) say: “The Throne shook at the death of Sa‘d ibn Mu‘aadh.”
Adh-Dhahabi (may Allah have mercy on him) said:
This is mutawaatir (i.e., narrated by so many from so many that it is inconceivable that they could all have agreed upon a lie). I bear witness that the Messenger of Allah (blessings and peace of Allah be upon him) said it.
End quote fromal-‘Uluw li’l-‘Aliy al-Ghaffaar(p. 89)
He reported it in full in his bookal-Fawaa’id(16) from Abu Sa‘eed al-Khudri (may Allah be pleased with him) who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “The Throne shook at the death of Sa‘d ibn Mu‘aadh, because of the joy of the Lord, may He be glorified and exalted.”
Its isnaad was classed as jayyid by al-Albaani inas-Saheehah(1288)
Inas-Sunnahby ‘Abdullah ibn al-Imam Ahmad (1058) it says: It was narrated that al-Hasan said: The Throne of the Most Merciful, may He be glorified and exalted, shook at the funeral of Sa‘d ibn Mu‘aadh (may Allah be pleased with him). Al-Hasan interpreted it as referring to joy at (the coming of) his soul.
Secondly:
We must accept the hadeeths that speak of the attributes of Allah as they are; this also applies to what is connected to those attributes of matters of the unseen. Al-Aajurri narrated inash-Sharee‘ah(3/1146) that al-Waleed ibn Muslim said: I asked al-Awzaa‘i, ath-Thawri, Maalik ibn Anas and al-Layth ibn Sa‘d about the hadeeths which speak of the divine attributes. All of them said: Accept them as they come, without trying to interpret them. According to another report: Accept them as they come without discussing how (and their nature). Narrated by al-Bayhaqi inal-I‘tiqaad(p. 118).
In the answers to questions no. 138920and 178915we explained that the belief of Ahl as-Sunnah wa’l-Jamaa‘ah with regard to the divine attributes is that they affirm them and they affirm their meanings on the basis of what they really are and in the light of what is indicated by the linguistic meaning of the word describing them; and they delegate to Allah knowledge of how they are and their essence, whilst believing that they cannot be understood as being indicative of any resemblance of the Lord or any of His attributes to any created being.
So we believe that the Most Merciful rose over the Throne, and we believe that the Throne shook in a real sense at the death of Sa‘d ibn Mu‘aadh (may Allah be pleased with him). In some reports it says that that was because of the joy of the Lord, may He be exalted, as referred to above. But we cannot ask how did the Most Merciful rise over the Throne, just as we cannot ask how the Throne shook at the death of Sa‘d. Rather we let it pass and we believe in it without asking how or trying to interpret it or liken it to anything.
Adh-Dhahabi (may Allah have mercy on him) said:
The Throne is a creation of Allah that is subject to His control. If He wills that it should shake, it shakes by the will of Allah. Allah instilled in it a sense of love for Sa‘d, just as He instilled in Mount Uhud a sense of love for the Prophet (blessings and peace of Allah be upon him). Allah, may He be exalted, says (interpretation of the meaning):“O you mountains. Glorify (Allah) with him” [Saba’ 34:10]and“The seven heavens and the earth and all that is therein, glorify Him” [al-Isra’17:44]. Then Allah included all things in that and said:“and there is not a thing but glorifies His Praise” [al-Isra’17:44]. And this is true. InSaheeh al-Bukhaariit is narrated that Ibn Mas‘ood said: We used to hear the tasbeeh of the food as it was being eaten. This is a broad topic and we have to believe in it.
End quote fromSiyar A‘laam an-Nubala’(3/183-184)
Al-Baghawi (may Allah have mercy on him) said:
It is more appropriate to understand these reports as they appear to be. The same applies to the words of the Prophet (blessings and peace of Allah be upon him), “Uhud is a mountain that loves us and we love it.” The shaking of that which is inanimate with the Prophets and awliya’ (close friends of Allah) is not to be denied, as Uhud shook when the Messenger of Allah (blessings and peace of Allah be upon him), Abu Bakr, ‘Umar and ‘Uthmaan were on it, and as the palm-trunk pillar shook with sorrow when the Prophet (blessings and peace of Allah be upon him) left it (and began to use the minbar instead).
End quote fromSharh as-Sunnah(14/180-181)
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
The one who misinterprets that as meaning that the bearers of the Throne rejoiced must produce evidence to support what he says … even though the context and wording of the hadeeth are contrary to this interpretation.
End quote fromMajmoo‘ al-Fataawa(6/554)
Thirdly:
The fact that the Throne shook at the death of a created being does not suggest any imperfection on the part of the Lord, may He be glorified; what shortcoming is there in that? Whether we assume that the shaking was because of the joy of the Throne itself at the coming of Sa‘d’s soul, and its appreciation of that, according to what some of the scholars said, or it was because of the joy of the Most Merciful, may He be glorified and exalted, and His loving to meet His slave Sa‘d ibn Mu‘aadh (may Allah be pleased with him), as it says in the hadeeth: “Whoever loves to meet Allah, Allah loves to meet him, and whoever hates to meet Allah, Allah hates to meet him.”
Narrated by al-Bukhaari (6507) and Muslim (2683)
What imperfection can there be in the Throne because of that, let alone attributing any kind of imperfection to the Lord of the mighty Throne, may He be glorified and exalted??
The basic principle on which we must base our words is the soundness or otherwise of the hadeeth. We have previously stated that the hadeeth is sound beyond any shadow of a doubt, and that it is mutawaatir (i.e., narrated by so many from so many that it is inconceivable that they would all have agreed upon a lie) from the Messenger of Allah (blessings and peace of Allah be upon him). Then we quoted the views of the scholars concerning the way in which it is to be understood.
The shaking of the Throne, the creaking of the sky, and so on are not attributes of the Most Merciful, may He be glorified and exalted, as we have pointed out; rather it is an attribute of the Throne, which is something created.
Ash-Dhahabi (may Allah have mercy on him) said:
The creaking of the sky has nothing whatsoever to do with the divine attributes; rather it is like the shaking of the Throne at the death of Sa‘d, and like the cleaving asunder of the heavens on the Day of Resurrection and so on.
fromal-‘Uluw(107)
And Allah knows best.




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