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Friday, November 7, 2014

Sacrifices, Dought & clear, - * Does haraam wealthaffect the acceptance of the sacrifice (udhiyah) if it was bought by a group, some of whose wealth is haraam?



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If a group of people share in offering an udhiyah, such as if seven people share in a cow or camel, and the wealth of one of the people who joins us is haraam, and he paid his share of the udhiyah with haraam wealth, will that affect the udhiyah?
Praise be to Allah.
It is permissible for seven people to share in the udhiyah, if it is a camel or a cow, because of the report narrated by Muslim (1318) from Jaabir ibn ‘Abdullah (may Allah be pleased with him) who said: We offered the sacrifice with the Messenger of Allah (blessings and peace of Allah be upon him) in the year of al-Hudaybiyah, a camel on behalf of seven and a cow on behalf of seven.
Ibn Qudaamah (may Allah have mercy on him) said: It is permissible for seven people to share in a camel or a cow, whether the sacrifice is obligatory or voluntary, and whether all of them want to offer a sacrifice, or some of them want to do so and the others just want the meat.
End quote fromal-Mughni(3/296)
For more information, please see the answer to question no. 45757
The share of each of those who join together, if they are seven, is one seventh of that udhiyah. It does not affect the partners in that case if one of the partners shared in that udhiyah with them using haraam wealth, if they were not aware of that, because each of them is responsible for his own efforts and actions, and no bearer of burdens will bear the burden of another.
But if the partners were aware of the situation then they should not help him in disposing of his haraam wealth and benefitting from it. Rather what they should do is denounce him for that, and it is prescribed for them to shun him so as to deter him from his sin and from consuming haraam wealth.
Finally, we appreciate your praise for our website, and we ask Allah to help us and you to obey Him, and to make us among those who call to good. We are very happy to hear that you tell people about the website so that they can benefit from it. Muslim (2674) narrated from Abu Hurayrah (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever calls others to guidance will have a reward like that of those who follow it, without that detracting from their reward in the slightest. And whoever calls others to misguidance will have a burden of sin like that of those who follow it, without it detracting from their burden in the slightest.”.
And Allah knows best.





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Sacrifices, Dought & clear, - * Can the pilgrim remove something from his hair if he wants to offer an udhiyah?



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Is it permissible for the one who intends to do Hajj to remove anything from his nails or hair, knowing that he is going to offer an udhiyah and that this year he delegated one of his sons to slaughter the udhiyah?
Praise be to Allah.
Firstly:
It is not permissible for the one who is going to offer an udhiyah to remove anything from his hair or skin after the first ten days of Dhu’l-Hijjah begin, because the Prophet (blessings and peace of Allah be upon him) said: “When the ten (days of Dhu’l-Hijjah) begin, and one of you wants to offer a sacrifice, let nothing touch his hair or skin.”
Narrated by Muslim (1977)
This ruling applies specifically to the one who is offering the udhiyah; as for the one whom he appoints to buy it, slaughter it or distribute the meat on his behalf, he is not included in this ruling.
Please see the answers to questions no. 7092and 33743
Secondly:
If a person does Hajj and also wants to offer an udhiyah or to appoint someone to offer the udhiyah on his behalf in his own country, he may remove some of his hair at the time of exiting ihram following his ‘umrah or Hajj, because removing some of the hair at the time of exiting ihram is one of the rituals.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked:
There is a man who is intending to do Hajj and he intends to do tamattu‘ (‘Umrah followed by Hajj, exiting ihram in between); he has also left instructions for the udhiyah to be done. What is the ruling if he wants to exit from his ihram following the rituals of ‘umrah?
He replied:
He has to shave his head or cut his hair, regardless of whether he is appointed to offer the udhiyah on behalf of someone else or is offering it on his own behalf. He must do that if he is doing tamattu‘, after completing his ‘umrah, before doing any of the things that are prohibited whilst in ihram. End quote fromMajmoo‘ al-Fataawa(17/233)
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: When the pilgrim has done ‘Umrah, he must cut his hair, even if he wants to offer an udhiyah in his own country, because cutting the hair following ‘Umrah is one of the rituals.
And Allah knows best.





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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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