The Day of Ashura'

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What is the ruling on one who performs ablution or the ritual bath while having nail polish?

Nail polish must be removed before ablution or ritual bath so that water reaches what is beneath it, because it is a barrier that prevents water from reaching that area. This is based on the hadith narrated by Ali (may Allah be pleased with him) from the Prophet (peace be upon him): "Whoever leaves a hair's breadth of his body unwashed from major impurity, such and such will be done to him in the Fire." (Reported by al-Bukhari). And Allah the Almighty knows best.

I vowed to give a specific charity if a certain matter came to pass — what is the ruling on giving that charity before the matter is realised?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.

Fulfilling a vow (nadhr) is obligatory, in accordance with the word of Allah the Almighty: "And let them fulfil their vows." [Al-Ḥajj/ 29] And the saying of our master the Messenger of Allah ﷺ: "Whoever vows to obey Allah, let him obey Him; and whoever vows to disobey Him, let him not disobey Him." (Reported by al-Bukhārī.)

The Shāfiʿī scholars distinguished between a financial vow (nadhr mālī) and a bodily vow (nadhr badanī). They permitted the fulfilment of a financial vow to be brought forward — before the stipulated condition is met — but did not permit the same for a bodily vow, which may only be fulfilled after the condition has actually been realised.

Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "It is permissible to bring forward the fulfilment of a financial vow before the condition stipulated in it is met — such as saying: 'If I am healed, I vow to free a slave' or 'to give such-and-such in charity' — just as it is permissible to pay zakāh in advance. This is unlike a bodily vow, such as fasting." [Asnā al-Maṭālib, vol. 4/P.246]

Imām al-Bājūrī, may Allah have mercy upon him, states: "Like expiation other than fasting, a financial vow — such as saying: 'If Allah heals my sick one, I vow to free a slave for the sake of Allah,' or 'If Allah heals my sick one, I vow to free a slave on the Friday following the recovery' — it is permissible to bring it forward before the recovery in the first case, and before the Friday following the recovery in the second case." [Ḥāshiyat al-Bājūrī ʿalā Sharḥ Ibn Qāsim, Vol.2/P.596] And Allah the Almighty knows best.

What is the ruling of Islamic Law if the follower (maʾmūm) stands up for the third rakʿah out of forgetfulness while the imam has sat for the middle tashahhud?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.

If the imam sits for the tashahhud while the follower (maʾmūm), out of forgetfulness, stands up for the third rakʿah, he is obliged to return to his sitting position, since following the imam is obligatory. In this case, no prostration of forgetfulness (sujūd al-sahw) is required of him. If, however, he fails to return, his prayer is rendered invalid.

Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, states: "If the follower stands up alone out of forgetfulness, he is obliged to return, since following the imam is obligatory... If he does not return, his prayer is rendered invalid, due to his departure from what is obligatory." [Asnā al-Maṭālib,Vol.1/P.190] And Allah the Almighty knows best.

Which is better in night prayer: long standing (Qiyam) or long prostration (Sujood)?

Long standing (Qiyam) is better in prayer. However, a Muslim should also observe tranquility and composure in their prayer.

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Articles

The Day of Ashura'

Author : An Article by His Grace Dr. Mohammad Al-Khalayleh

Date Added : 19-09-2018

The tenth day of the Sacred Month is called Ashura' according the majority of Muslim scholars, such as Saeed Ibn Al-Mosaib, Al-Hassan Al-Basri, Malik, Ahmad, Isaac among others, since Ibn Abbas (May Allah be pleased with them) narrated: "The Messenger of Allah enjoined fasting the tenth day for the Day of Ashura." [At-Tirmithi]

Some narrations on fasting the aforementioned day:

1. Ibn Abbas narrated: "I never saw the Prophet (PBUH) seeking to fast on a day more (preferable to him) than this day, the day of 'Ashura', or this month, i.e. the month of Ramadan." [Agreed upon].

In his commentary on the aforementioned Hadith, Al-Hafez Ibn Hajar (May Allah have mercy on his soul) said: "In terms of reward, the day of Ashura' is the best day to be fasted after Ramadan. However, Ibn Abbas (May Allah be pleased with them) said: "according to what he heard:" Fasting the day of Ashura' atones the sins of the preceding year, and fasting the day of Arafah atones the preceding and the current year. Ibn Abbas is of the view that the reward for fasting the day of Arafah is greater than that of Ashura'. However, he combined them in his narration, although fasting the former is obligatory while fasting the latter is recommended, to indicate that a person will be rewarded for fasting both. This is because the meaning of (seek), as mentioned in the narration, is intending and desiring to fast the day of Ashura` to gain the whole reward.

Ibn Omar (May Allah be pleased with them) said: "In Jahiliyah' (Pre-Islamic period of ignorance), we used to observe fast on the day of Ashura`.But, when fasting at the month of Ramadan was prescribed, the Messenger of Allah (PBUH) said: "This is one of the days of Allah; he who wishes may fast on it." [Agreed upon].

2. Aisha (May Allah be pleased with her) narrated: "During the Pre-Islamic Period of ignorance the Quraish used to observe fasting on the day of 'Ashura', and the Prophet (PBUH) himself used to observe fasting on it too. However, when he came to Medina, he fasted on that day and ordered the Muslims to fast on it. When (the order of compulsory fasting in ) Ramadan was revealed, fasting in Ramadan became an obligation, and fasting on 'Ashura' was given up, and who ever wished to fast (on it) did so, and whoever did not wish to fast on it, did not fast. [Agreed upon]. In addition, Al-Imam An-Nawawi (May Allah have mercy on his soul) said (What means): "The majority of the Muslim scholars are of the view that fasting the day of Ashura' is a recommended deed, not an obligation."

3. Moreover, Abu Qatada reported that the Prophet (PBUH) said (What means): "fasting on the day of 'Arafa may atone for the sins of the preceding and the coming years, and I seek from Allah that fasting on the day of Ashura may atone for the sins of the preceding year." [Moslim].

The Wisdom behind fasting it:

The day of Ashura' is the day in which Allah, The Exalted, saved His Prophet Musa and his people from the Pharaoh and his army. As an act of thankfulness to Allah, Musa fasted that day. Our Prophet (PBUH) has fasted that day and commanded Muslims to do so where he (PBUH) said (What means): "We have more right to Musa than you do."

Actually, the Prophet (PBUH) along with all the members of the Muslim nation have more right to Musa and other Prophets and Messengers than non-Muslims, because they respect, adore and believe in all of them (Prophets and Messengers) without any sort of distinction or preference; constituting a patron to their religion (Islam), the religion of Allah, The Lord of The Worlds.

Prophet Mohammad (PBUH) recommended fasting this day since it reflects a great wisdom, among others, and that is: Allah's religion is one and Prophet Muhammad (PBUH) was sent to complete this message.

Is it reprehensible to fast only the day of Ashura'?

Ibn 'Abbas reported that when the Messenger of Allah (PBUH) fasted on the day of 'Ashura and commanded that it should he observed as a fast, they (his Companions) said to him: "Messenger of Allah, it is a day which the Jews and Christians hold in high esteem. Thereupon the Messenger of Allah (PBUH) said: When the next year comes, God willing, we would observe fast on the 9th But the Messenger of Allah (PBUH) died before the advent of the next year." [Moslim].

Furthermore, Al-Hafeth Ibn Hajar (May Allah have mercy on his soul) said (What means): "When the Prophet(PBUH) intended to fast the 9th day: This implies fasting it in addition to the 10th in order to free ones-self from the liability or, according to the closest interpretation, to do contrary to the Jews and Christians. This is according to many narrations by Moslim and Ahmad who reported the following traceable Hadith that Ibn Abbas narrated, The Prophet (PBUH) said (What means): "Fast the day of Ashura' contrary to the Jews; by fasting a day before or after it." And this was the last narration in this regard. And Allah Knows Best.

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.

The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.

The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.

Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Should missed Sunnah prayer be made up?

Making up missed voluntary acts of worship is from Sunnah.

What is the recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).

This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]

It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).

This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.

Imam al-Bajuri (may Allah have mercy upon him) stated:

"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]

Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.

What is the ruling on discharging one's zakāh obligation through the provision of a specific benefit (manfa‘ah) — such as performing a surgical operation for a patient, or providing housing to a tenant, and counting the value of this service as zakāh?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.

It is obligatory to pay zakāh from the actual asset (‘ayn al-māl) upon which zakāh is due, except in the case of zakāh on trade goods ('urūḍ at-tijārah), which is paid based on their monetary value. In all cases, zakāh must be given in the form of tamlīk (a full transfer of ownership), based on the words of Allah, the Mighty and Majestic (which mean): "Zakāh expenditures are only for the poor and for the needy, and for those employed to collect [zakāh], and for bringing hearts together [for Islam], and for freeing captives [or slaves], and for those in debt, and for the cause of Allah, and for the [stranded] traveler — an obligation [imposed] by Allah. And Allah is Knowing and Wise" [at-Tawbah/60]. The letter "lām" (لِ) in this verse — as in "lil-fuqarā'" ("for the poor") — indicates possession/ownership (lām al-milk).

It is not permissible to fulfill one's zakāh obligation by providing a benefit or service (manfa‘ah) — such as housing, education, or medical treatment — in place of the zakāh itself. This is because zakāh must be paid as wealth (māl) that is transferred into the ownership of the poor recipient, whereas such services are intangible benefits that are not, in themselves, capable of being formally transferred in ownership (ghayr qābilah lit-tamlīk). And Allah, the Exalted, knows best.