Some Blessings of the First Ten Days of Thul-Hijjah

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Summarized Fatawaa

What is the ruling on combining more than one intention in the prayer, such as combining the sunnah of wuḍūʾ with the pre-Dhuhr sunnah, or combining the sunnah of greeting the mosque (taḥiyyat al-masjid) with the pre-Dhuhr sunnah?

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

Combining two intentions in a single act of worship, which some jurists call the “overlapping of acts of worship”, has several cases and precise rules. These can be consulted in the books of legal maxims, such as al-Manthūr fī al-Qawāʿid al-Fiqhiyyah by al-Zarkashī and al-Ashbāh wa’l-Naẓāʾir by al-Suyūṭī. Among the most important of these rules:

First: If all of the acts of worship that one wishes to combine under one intention are obligatory, the intentions do not overlap. An example is combining the intention of the obligatory ʿAṣr prayer with that of the obligatory Dhuhr prayer. The intentions do not overlap in this case.

Second: If the two acts are specified supererogatory prayers (nawāfil muqayyadah) that are aimed at in themselves because of a particular time, occasion, or cause, or if they are an obligatory prayer and a specified supererogatory prayer, the intentions again do not overlap. An example is the Duha prayer, which may not be combined with, for instance, the regular sunnah of Dhuhr.

It is stated in Bushrā al-Karīm: “Whatever is not, in meaning, an absolute voluntary prayer, such as the Duha sunnah… is not subsumed under another. Rather, if he intends something else along with it… the prayer is not validly entered. This is because combining two obligations, two specified supererogatory prayers, or an obligation and a specified supererogatory prayer invalidates the prayer in cases not built upon overlapping, as ritual purification (ṭahārah) is.”

Third: If the two acts are absolute voluntary prayers (nawāfil muṭlaqah), or one of them is, where the texts of the Sharīʿah show that the aim of the voluntary act is to fill the time with worship, then overlapping of intentions is permissible. An example is the obligatory Dhuhr prayer together with the sunnah of greeting the mosque (taḥiyyat al-masjid). And Allah Almighty knows best.

Is it permissible to offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.

Offering an Udhiyah (sacrificial animal) on behalf of a deceased person is permissible. This is the official position of the Hanbali school (as stated in Kashshaf al-Qina’ by al-Bahuti,Vol.6/P.428) and was also upheld by the prominent Shafi'i scholar Al-’Abbadi (mentioned in Bidayat al-Muhtaj by Ibn Qadi Shuhbah,Vol. 4/P.358). It has likewise been narrated as a valid view among some Maliki and Hanafi scholars.

In fact, Imam Abu Dawud dedicated an entire chapter in his Sunan collection entitled, "Chapter on Sacrificing on Behalf of the Deceased." In it, he recorded a narration from Hanash, who said: "I saw 'Ali sacrificing two rams, so I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace and blessings be upon him) commanded me to offer a sacrifice on his behalf, so I am sacrificing on his behalf.'"

Imam Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) said: "O Allah, this is from You, for You, and on behalf of Muhammad and his Ummah (community). In the Name of Allah, and Allah is the Greatest," and he then slaughtered the animal.

The textual evidence here lies in the fact that our Master, the Prophet (peace and blessings be upon him), offered a sacrifice on behalf of his entire community—and it is well-established that his community includes those who have already passed away.

Furthermore, there is an abundance of sacred texts demonstrating that the rewards of righteous deeds reach the deceased. For instance, it is permissible to fast on behalf of a deceased person who passed away with missed obligatory fasts, and it is equally permissible to perform Hajj on their behalf, both of which are firmly established in authentic Hadiths. Therefore, if the reward of fasting (which is a purely physical act of worship) and Hajj (which is a joint physical and financial act of worship) can reach the deceased, then the reward of an Udhiyah reaches them with greater reason (by way of A Fortiori argument). This is because it is a purely financial act of worship, falling under the general category of charity (Sadaqah).

Additionally, scholars have reached a consensus (Ijma') that the rewards of charity reach the deceased, and since the Udhiyah is inherently an act of charity, it falls under the same ruling. Consequently, based on all the aforementioned evidence, we hold the view that offering a sacrifice on behalf of the deceased is entirely permissible. And Allah the Almighty Knows Best.

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

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

If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.

As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.

It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

What is the ruling on someone who curses the religion or commits an act of disbelief during the day in Ramadan?

Whoever apostatizes (leaves Islam) while fasting, their fast is invalid. Cursing the religion is an act of apostasy (may Allah protect us from it). Such a person must return to Islam by pronouncing the Shahadah (testimony of faith), seek Allah’s forgiveness, refrain from eating and drinking for the rest of the day, and make up for that day’s fast later.

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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 offer an Udhiyah on behalf of the deceased?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

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

The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).

Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

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.

Does the fast become invalid if water from rinsing the mouth reaches the stomach while performing ablution?

If water reaches the stomach without the fasting person exceeding normal rinsing or being excessive, their fast remains valid.

However, if they exceed the normal practice or exaggerate in rinsing, causing water to enter the stomach, their fast is invalid.

This is because excessiveness in rinsing is prohibited for a fasting person, as the Prophetﷺ said: "Exaggerate inhaling water during ablution, except when you are fasting." [Narrated by the Four Imams]

Transgression (Ta‘addi) refers to rinsing the mouth more than three times, while exaggeration (Mubalaghah) includes gargling, drawing water deep into the nasal passages, or filling the mouth with water in an unusual manner.