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Ruling when the Friday Prayer and the E`ed Prayer Come on the Same Day
Author : The General Iftaa' Department
Date Added : 14-07-2015

Ruling when the Friday Prayer and the E`ed Prayer Come on the Same Day

When the E`ed occurs on a Friday, the Friday prayer remains obligatory because the E`ed prayer is a confirmed Sunna; whereas, the Friday prayer is an individual duty. Sunnah doesn`t invalidate an obligation, nor suffices for it. This is indicated by the following verse (What means): "O ye who believe! When the call is proclaimed to prayer on Friday (the Day of Assembly), hasten earnestly to the Remembrance of God, and leave off business (and traffic): That is best for you if ye but knew!" [Al-Jum`ah/9].

 

At the time of the Prophet (PBUH), E`ed occurred on a Friday, so he performed the E`ed prayer as well as the Friday prayer and delivered both sermons, and this is very famous in the books of Sunnah and the traditions. In addition, this is the opinion of the majority of the Muslim scholars: The Hanafites, The Malikites, The Shafites and in one narration of the Hanbalites.

 

He (PBUH) permitted the people from the outskirts not to attend the Friday prayer that day and instead offer the Zuhr prayer in their neighborhoods. The Prophet (PBUH) said: Two festivals (E'ed and Friday) have synchronized on this day. If anyone does not want to offer the Friday prayer, the E'ed prayer is sufficient for him. But we shall offer the Friday prayer." [Abu Dawood].

 

The majority of the Hanafite, Malikite and Shafite jurists said that the aforementioned Hadith applies to those who came from the outskirts of Medina in order to offer the E`ed prayer in the Prophet`s Mosque, and they aren`t obliged to offer the Friday prayer in principle, because they live in the outskirts of cities, far from populated areas. If they waited to offer the Friday prayer after having performed the E`ed prayer, they will face hardship and they will face the same hardship if they went home and returned to offer the Friday prayer, and this is why the Prophet(PBUH) permitted them not to attend the Friday prayer.

 

Therefore, it is more prudent to observe both prayers on that day, and as regards the opinion of some Hanbalite jurists states that whoever prays the E`ed prayer isn`t obliged to pray the Friday prayer, and should pray the Zuhr prayer instead, it contradicts prudence and acquittal.

 

As regards the opinion which states that praying the E`ed prayer invalidates the Zuhr prayer, this has never been stated by any of the four schools of jurisprudence and contradicts the provisions of Sharia which make offering five prayers for each day and night obligatory. Therefore, it is impermissible to apply this opinion, imitate it, or issue rulings based on it. Moreover, some narrations, related to some companions, state that the E`ed prayer makes the Friday prayer not obligatory if they happened on the same day, aren`t to be taken into consideration.

 

Finally, there is no room for dispute and  argument since Muslims are about to receive the Feast of Al-Fitr, rather, a Muslim should adhere to matters whose meanings are established, leave matters whose meanings are allegorical and follow the established opinions of the four juristic schools. And Allah Knows Best.

 

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Summarized Fatawaa

What are the key differences between the 'aqīqah and the uḍḥiyyah?

 All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following are the key differences between the 'aqīqah and the uḍḥiyyah:
First: The 'aqīqah is slaughtered as an act of drawing closer to Allah the Almighty and expressing gratitude for the blessing of a newborn child. The uḍḥiyyah, on the other hand, is slaughtered as an act of drawing closer to Allah and expressing gratitude to Him specifically during the days of slaughter (ayyām al-naḥr).
Second: The 'aqīqah is performed on the seventh day from the birth of the newborn, whereas the uḍḥiyyah is performed on Eid al-Aḍḥā and its time extends for three days after the Eid.
Third: The 'aqīqah is performed once in a lifetime for the newborn, whereas the uḍḥiyyah is recommended every year for the one who is financially capable to offer it.
Fourth: It is Sunnah for the one intending to offer the uḍḥiyyah to refrain from cutting his hair and nails until after he has slaughtered. This is not a Sunnah for the one intending to perform the 'aqīqah.
Fifth: It is Sunnah for the 'aqīqah to be cooked and distributed to the poor in its cooked form. The uḍḥiyyah, by contrast, must be distributed as raw meat. And Allah Almighty knows best.

My brother works in a conventional bank and gave me one of the gifts distributed to bank employees — what is the ruling on accepting it?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no objection to accepting such gifts, because the physical gift itself does not carry any inherent prohibition — unlike stolen property. Sin does not transfer or extend to the one who receives the gift, for Allah the Almighty says {what means}: "And no bearer of burdens shall bear the burden of another." [Al-Anʿām/164]
The evidence for this is that the Prophet ﷺ himself ate from the food of the Jews, conducted transactions with them, and purchased from them — and it is well known that their wealth was intermingled with ribā. Similarly, the wealth of conventional ribā-based banks is a mixture of the lawful and the unlawful.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "It is not forbidden to transact with one whose wealth is predominantly unlawful, nor to eat from it — as al-Nawawī affirmed in al-Majmūʿ." [Tuḥfat al-Muḥtāj, Vol. 9/P.389] 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.

How is the niṣāb (minimum threshold) of gold calculated when one owns gold of multiple different karats?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on cash and on gold designated for saving or for trade, provided the total reaches the niṣāb (minimum threshold liable for Zakah), and a full ḥawl (lunar year) has elapsed over it. The niṣāb is (85) grams of 24-karat gold; for 21-karat gold, the niṣāb equals (97) grams; and for 18-karat gold, it equals (113) grams.
If one owns gold of multiple different karats, the person paying zakāh should calculate the monetary value of all the gold he owns, combining these values together to determine whether the total reaches the niṣāb. He then pays zakāh on this combined monetary value, once the total reaches the niṣāb. The relied-upon position is to calculate the zakāh based on the buying price [i.e., the price the gold merchant would pay the owner to purchase the gold from him] on the day the zakāh obligation is due. And Allah, the Exalted, knows best.