Meditations on Virtues of Voluntary Charity (Sadaqa)

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What is the ruling of Islamic Law on performing ṭawāf on the upper floors of al-Masjid al-Ḥarām, given that these floors are situated above the level of the Ka‘bah, and that the one performing ṭawāf passes by certain barriers, such as pillars and walls, during the ṭawāf?

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

There are numerous conditions for the validity of ṭawāf (circumambulation around the Ka‘bah), among them: that the one performing ṭawāf be inside the Masjid (al-Masjid al-Ḥarām) — even if the Masjid has been expanded, so long as the expansion does not extend out into al-ḥill (land outside the sanctuary boundaries). It suffices for the ṭawāf to be performed in the airspace of the Masjid or upon its roof, even if that roof is higher than the Ka‘bah (the House) itself.

Al-Khaṭīb ash-Shirbīnī (raḥimahullāh) said: "It [ṭawāf] is valid upon the roof of the Masjid, even if the roof of the Masjid is higher than the House — just as prayer [is valid] upon Mount Abū Qubays despite its elevation above the House. This is the relied-upon (mu‘tamad) position." [Mughnī al-Muḥtāj, Vol.2/P.246]

The validity of the tawaf isn`t affected by the pillars and walls standing between the one performing ṭawāf and the House, since the condition is only that the person performing ṭawāf be within the boundaries of the Masjid and outside the boundaries of the Ka‘bah itself.

Ash-Shirbīnī said: "It [ṭawāf] is valid inside the Masjid, even if it is expanded, and even if a barrier stands between the one circumambulating and the House — such as a water-supply structure (saqāyah) or pillars (sawārī)." [Mughnī al-Muḥtāj, Vol. 2/P.246]

Accordingly, ṭawāf performed on the upper floors is valid, and the presence of barriers such as pillars and walls during the ṭawāf does not affect its validity. And Allah, the Exalted, knows best.

Is it permissible for a woman who has become pure before the end of forty days of confinement to perform different acts of worship? and is it lawful for her husband to have sex with her?

Once postpartum bleeding ceases and she is certain that it won`t happen again, she becomes pure, and so she should perform Ghusl (ritual bath), pray, and fast. She can also have sex with her husband even before the end of (40) days because the minimum of postpartum bleeding is a moment, and the maximum is (60) days. However, the postpartum bleeding for the majority of women is (40) days, but this does not apply to rest of them.

I`m a pious Muslim woman, but my husband isn`t, what should I do?

You should exercise patience, make supplication that Allah guides him to the straight path, and keep advising him kindly.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.

If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).

It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."

This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.

It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

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Meditations on Virtues of Voluntary Charity (Sadaqa)

Author : Dr. Nidal Sultan

Date Added : 30-04-2014

All perfect praise be to Allah, The Lord of the Worlds. Peace and blessings be upon Prophet Mohammad and upon all his family and companions and upon whoever followed his guidance until the Day of Resurrection:

Allah, The Almighty, has made supererogatory acts of worship a means of gaining his love and support. The most rewarding of these acts is voluntary charity, and following are some meditations on its virtues, which I wanted to share with my Muslim brethren. I beseech Allah to make us among those who listen and follow the most righteous of what is said.

Meditation No. (1): None of Man`s Wealth Remains Except That Which He/She Has Given in Charity.

Prophet Mohammad (PBUH) said: "Man says: "My wealth! My wealth!" The Prophet (PBUH) responds: "None of your wealth remains except that which you had given in charity." [Moslim].

The meaning intended by the Prophet (PBUH) in this Hadith is that whatever man eats perishes whatever he puts on wears out, and whatever he gives in charity remains.

Moreover, Aisha (may Allah be pleased with her) reported that when the Prophet`s companions slaughtered a goat, he said: "What is left of it?" she said: "its shoulder." He said: "All of it is left except its shoulder." [Al-Tirmizi].

Accordingly, there is no way that a person could reap the fruits of his wealth after death except through charity that he had given.

Meditation No. (2): Charity is Like Seeds of Good Deeds, Preserved and

Grown by Allah for their Owner.

Allah, The Almighty, doesn`t only preserve the charity for its giver, but also multiplies and grows it for him/her out of His grace and mercy until it becomes as big as a mountain. He Says in the Holy Quran (What means): "The parable of those who spend their substance in the way of God is that of a grain of corn: it groweth seven ears, and each ear Hath a hundred grains. God giveth manifold increase to whom He pleaseth: And God careth for all and He knoweth all things." [Al-Baqarah/261]. He also Says (What means): "Who is he that will loan to God a beautiful loan, which God will double unto his credit and multiply many times? It is God that giveth (you) Want or plenty, and to Him shall be your return." [Al-Baqarah/245].

Moreover, Prophet Mohammad (PBUH) says: "If one give in charity what equals one date-fruit from the honestly-earned money and Allah accepts only the honestly earned money --Allah takes it in His right (hand), then enlarges its reward for that person (who has given it), as anyone of you brings up his baby horse, so much as that it becomes as big as a mountain." [Bukhari].

Meditation No. (3): The Charity Giver Benefits From it More Than the Poor Recipient Does.

Following are some fruits of charity, which are reaped by its giver:

-It extinguishes sin as the Prophet (PBUH) says: "Charity extinguishes sin as water does fire." [Al-Tirmizi].

-It is a shade for its giver on the Day of Judgment as the Prophet (PBUH) says: “Everyone is protected by the shade of their charity until people are being separated “{Ahmad}.

-It heals the sick as the Prophet (PBUH) says: “Treat the sick with giving charity." [Baihaqi&Tabarani].

-It cleanses wealth from wrongdoings as the Prophet (PBUH) said to the merchants: "Oh! Merchants! Your dealings involve a lot of swearing, so cleanse them with charity." [Abu Dawood].

Whoever closely examines the fruits of charity realizes that the reward of its giver is greater and larger than the benefit received by the poor recipient.

Meditation No. (4): Allah and His Messenger Pledged to Replace Charity.

Allah, To Him belongs Might and Majesty, Says (What means): "Say: "Verily my Lord enlarges and restricts the Sustenance to such of his servants as He pleases: and nothing do ye spend in the least (in His cause) but He replaces it: for He is the Best of those who grant Sustenance." [Saba/34].

Prophet Mohammad (PBUH) said: "I swear on three: Wealth doesn`t decrease by giving charity, an injustice which a person endures, Allah grants him more honor, and a person who asks to be given charity while not in need becomes poorer." [Al-Tirmizi].

A true believer must realize the truthfulness of Allah`s and His Messenger`s promise.

Meditation No. (5): The Fruits of Charity are Only Annulled by its Giver.

Despite the virtues and fruits of charity, its giver could annul them in two ways:

1. Showing off

2. Reproach and injury

Therefore, Allah has warned us against that in the following verse (What means): "O you, who believe, annul not your voluntary almsgivings with reproach and injury, as one who expends of his substance to show off to men and believes not in God and the Last Day. The likeness of him is as the likeness of a smooth rock on which is soil, and a torrent smites it, and leaves it barren. They have no power over anything that they have earned. God guides not the disbelieving folk." [Al-Baqarah/264].

And All Perfect Praise Be To Allah, The Lord of The Worlds

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Summarized Fatawaa

I hired a private tutor for my son through an academy that sends teachers [to families] and takes a percentage [of their pay]. At the start of the [new] school year, I arranged directly with that same teacher, without the academy's knowledge. What is the ruling on this?

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

The ruling on this matter depends on knowing the specific terms of the agreement and contract concluded with the academy. If the agreement stipulates that no arrangement may be made with any of the students except through the academy itself, then it is not permissible for you to breach the terms of this contract, based on the words of our master, the Messenger of Allah ﷺ: "Muslims are bound by their conditions." (Related by al-Bukhārī)

However, if the agreement pertains only to teaching a specific subject, and the agreement concludes once that subject is finished, then there is no objection to arranging with the teacher to teach other subjects after the contract period has ended, outside of the academy.

Whatever the case maybe, the teacher must uphold the terms of his contract with the academy. And Allah, the Exalted, knows best.

Is the marriage, which lacks a valid legal contract, a guardian, and a court registration, valid?

It is incumbent that a valid marriage contract be concluded in the presence of a guardian and two trustful witnesses, and it should be registered in the court to protect the rights of the wife. Actually, a valid marriage contract is what differentiates between sound marriage and fornication.

What is the ruling of Islamic Law on a father shaking hands with his son’s wife after she has been divorced three times?

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

The wife of one’s son is among the women permanently prohibited to the husband’s father as soon as the marriage contract is concluded, based on the saying of Allah the Exalted: “Prohibited to you are your mothers, your daughters, your sisters, your paternal aunts, your maternal aunts, your brother’s daughters, your sister’s daughters, your foster mothers, your foster sisters, your wives’ mothers, and your stepdaughters under your guardianship [born] of your wives with whom you have consummated marriage. But if you have not consummated marriage with them, there is no sin upon you. [Also prohibited are] the wives of your sons who are from your loins, and that you take [in marriage] two sisters simultaneously, except for what has already occurred. Indeed, Allah is ever Forgiving and Merciful.” [al-Nisāʾ/23]

This prohibition begins once the son’s marriage contract with his wife is complete, and it remains in force even if the son separates from her before consummation or before any seclusion (khalwah) with her. It is therefore permissible for the father to shake her hand and to be alone with her, provided there is no fitnah (temptation) and no suspicion.

It is stated in ʿUmdat al-Sālik (p. 204): “It is forbidden to marry… the wives of one’s fathers and of one’s sons. All of these women become prohibited by the mere contract, … all of that being a permanent prohibition.” End quote, with slight adaptation. And Allah Almighty knows best.

What is the ruling on making up missed prayers during prohibited times?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

It is permissible to make up (qada’) missed prayers at any time, even during the periods when prayer is generally prohibited. The prayers that are forbidden and considered invalid during these times are 'absolute voluntary prayers' (nafl mutlaq)—which have no specific cause—and voluntary prayers whose cause follows the prayer itself, such as the Sunnah of entering Ihram or the Sunnah of the Istikharah prayer. Furthermore, no prayer is considered disliked (makruh) during these prohibited times when performed within the Meccan Sanctuary (Makkah al-Mukarramah).

It is stated in Bushra al-Karim (Vol.1/P.181), one of the Shafi’i texts: 'It is not forbidden to perform prayers that have a cause that is not delayed (i.e., the cause is preceding), such as making up a missed prayer (fa’itah)—even if it was a voluntary one—and the funeral prayer (janazah); or a cause that is simultaneous, such as the prayer for rain (istisqa’) or the eclipse prayer (kusuf)... and the Sunnah of wudu, the greeting of the mosque (tahiyyat al-masjid), the Sunnah of circumambulation (tawaf), the Sunnah of arrival, and the prostrations of recitation (tilawah) or thankfulness (shukr). These mentioned prayers and their like are not forbidden provided that one does not specifically intend (ta'ammud) to perform them during the disliked time because it is a disliked time. If one does so intentionally, it becomes forbidden, even if it is a mandatory makeup prayer that is due immediately; because in that case, one is acting in defiance of the Sharia. This is in contrast to when one does not specifically seek out that time, even if the prayer happens to fall within it, or if one seeks it for another purpose—such as delaying a funeral prayer to that time so that a larger number of people may pray over the deceased; in such cases, it is permissible and valid... And it is forbidden to perform prayers with no cause at all, like absolute nafl, or those with a delayed cause, such as the Istikharah prayer, the prayer for Ihram, the prayer for a need (hajah), the prayer before leaving the house, or the prayer before execution; because their causes occur after the prayer itself.' And Allah the Exalted knows best."