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Some Blessings of the First Ten Days of Thul-Hijjah
Author : The General Iftaa` Department
Date Added : 25-09-2014

 

In the Name of Allah, the Most Gracious, the Most Merciful

1- Doing good deeds on those days is better than doing them on other days: ‎‎‎‎‎it was narrated on the authority of Ibn ‘Abbaas that the Prophet said:‎‎‎‎‎ ‎‎‎‎“No good deeds done on other days are superior to those done on these days (meaning the first ten days of Thul-Hijjah).”Then some companions of the Prophet said, ”Not even Jihaad ?” He replied: “Not even Jihaad, except that of a man who puts himself and his property in danger (for the Sake of Allaah) and does not return with any of those things.” [Al-Bukhaari and Muslim]‎‎‎‎.

2- It was reported that the Prophet(PBUH) used to observe fasting in those days: One of the Prophet`s wives said: “ The Messenger of Allah used to fast nine days of Thul-Hijja, the Day of Ashora`, and three days of every month-Mondays and Thursdays.”{Abu Dawood}.      

3- ‎‎‎‎Allah, The Almighty, Says (what means):‎‎‎‎‎ {‎By the dawn And [by] ten nights}  [Quran 89:1, 2] . The ten nights are the ten days of Thul-Hijjah‎‎‎‎. Allah, The Almighty, swore by these days and He only swears by whatever is exalted and lofty in stature. 

4- Allah, The Almighty, says: “ and celebrate the name of God, through the Days appointed, over the cattle which He has provided for them (for sacrifice).”{Al-Hajj/28}.The Days appointed are the first ten days of Thul-Hijjah as stated by scholars of Tafseer (exegesis).

5- The Prophet(PBUH) said that these days are the best days in life: Jabir(May Allah be pleased with him) reported that the Prophet(PBUH) said: “ The best days of this life are the ten days- the ten days of Thul-Hijja. The companions said: aren`t there days spent for Allah`s sake better than them ?he said: there aren`t, except for a man who goes out for Jihaad . “ {Albazzar& Al-Monziri}

6-‎These days have the Day of ‘Arafah, (the Day of major Hajj )which is the ninth day of Thul-Hijjah.‎ The virtues of this Day are great and innumerable. It was reported that the Prophet(PBUH) urged Muslims-non-pilgrims- to observe fasting on this great Day. He said: "Fasting the Day of Arafah atones the sins committed a year before  it and those which will be committed a year after it."{Muslim}.

7-‎These days have the Day of Nahr (sacrifice) which is the tenth day of Thul-Hijjah, the Day of Eid. This is the best day as stated in the following Hadeeth:‎ ‎‎‎‎"The best of days in the sight of Allah, The Almighty, is the Day of Nahr, then the Day of Qurr( the first day of Tashreeq)." [Ahmad, Abu Daawood: Saheeh chain of narrators]‎‎‎‎.

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Summarized Fatawaa

Is it permissible to pay the Zakah (obligatory charity) for settling the debt of a deceased relative?

It is impermissible to pay the Zakah for settling the debt of the deceased since Zakah is paid to eligible recipients who are alive. As for the debts of the deceased, they are to be settled from the estate before dividing it amongst the heirs, but if the deceased didn`t leave an estate, then it is desirable for his/her heirs to settle those debts if they can afford them. And Allah Knows Best.

What is the ruling on making up missed fasts from many years?

A Muslim must make up for any missed fasts, as they are a debt owed to Allah. The Prophet ﷺ said:
"The debt owed to Allah is more deserving of being fulfilled." [Narrated by Muslim]
Whoever has missed fasts must make them up as long as they are alive and capable of fasting.

What is the ruling on giving Zakat al-Fitr in cash?

The default ruling is that Zakat al-Fitr should be given as the staple food of the land. In Jordan, for example, the staple food is wheat or rice, and the amount of Zakat al-Fitr is 2,500 grams per person. It is easy to give this amount of rice to the poor and needy, and this is the correct ruling according to all Islamic schools of thought.
However, Hanafi scholars have permitted giving Zakat al-Fitr as monetary value, considering it more beneficial for the poor and easier for the giver.

What is the ruling of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.