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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

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling of Islamic Law on kissing while fasting?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is prohibitively disliked (makrūh taḥrīman) for a husband to engage in foreplay with or kiss his wife during the daylight hours of Ramaḍān if doing so stirs his desire. If pre-seminal fluid (madhī) is released as a result, the fast is not invalidated; however, if seminal fluid (manī) is released, the fast is broken.
Imām al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, stated: "It is prohibitively disliked to kiss — whether on the mouth or elsewhere — for one whose desire is stirred, whether man or woman, to the extent that he fears it may lead to intercourse or ejaculation. Embracing, touching, and similar acts without a barrier carry the same ruling as kissing in this regard, because such acts expose the act of worship to being corrupted — and as the two Ṣaḥīḥs record: 'Whoever circles around a protected boundary is liable to fall into it.'"
He further added: "It is preferable for one whose desire is not stirred — even if he is a young man — to refrain from such acts as well, so as to close the door entirely. For he may believe his desire has not been aroused when in fact it has. Moreover, it is Sunnah for the fasting person to abstain from all desires without exception." — Summarised with minor adaptation from [Mughnī al-Muḥtāj]. And Allah the Almighty knows best.

Is Zakah (obligatory charity) due on owned land?

Zakah is due on the land used as an article of merchandise and was originally bought for that end. Zakah is due on it at the end of every lunar year. Its value is estimated, and (2.5%) of the total value of all such lands owned by the questioner is given as Zakah. However, no Zakah is due on the land used for building a house, or an agricultural purpose.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.

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