Forbearance is the Basis for Dealing with Allah`s Creation

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What is the ruling of Islamic Law on the prayer of zawal?

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

It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.

It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."

The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.

And Allah the Almighty knows best.

What is the ruling on someone who doesn`t perform prayer?

All perfect praise be to Allah,The Lord of The Worlds Not performing prayer is a major sin, and one who doesn`t pray out of laziness is considered an oft-sinner ;whereas, the one who denies that it is mandatory is considered a disbeliever. And Allah Knows Best.

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 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.

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Forbearance is the Basis for Dealing with Allah`s Creation

Author : Dr. Hassan Abu_Arqoub

Date Added : 04-01-2021

Forbearance is the Basis for Dealing with Allah`s Creation

A group of people thinks that sternness, mercilessness, anger and violence embody strength or manhood and they give a person control over different situations, however, this is incorrect. In principle, forbearance, leniency and kindness are the basis for dealing with others and they bring hearts and minds together. Allah The Almighty Says (What means): "It is part of the Mercy of Allah that thou dost deal gently with them Wert thou severe or harsh-hearted, they would have broken away from about thee: so pass over (their faults), and ask for (Allah's) forgiveness for them; and consult them in affairs (of moment). Then, when thou hast taken a decision put thy trust in Allah. For Allah loves those who put their trust (in Him)." [Al-Imran/159]. Thus, kindness, leniency and forbearance pass on to the next generations and love bears the fruit of righteousness, which is the golden key for the hearts of all people.

Therefore, in several narrations, Prophet (PBUH) urged Muslims to observe forbearance and kindness when dealing with others. This is in order for a Muslim to have self-control and become a successful role model in his relations with others: in-laws, children, neighbors, and colleagues…etcetera. 'Aisha (May Allah be pleased with her) reported: The Prophet (PBUH) said: "Whenever forbearance is added to something, it adorns it; and whenever it is withdrawn from something, it leaves it defective." [Moslim].

Moreover, 'Aisha (May Allah Be Pleased with her), the wife of Allah's Apostle (PBUH), reported that Allah's Messenger (PBUH) said: "'Aisha, verily Allah is Kind and He loves kindness and confers upon kindness which he does not confer upon severity and does not confer upon anything else besides it (kindness)." [Moslim].

In addition, Jarir b. 'Abdullah (May Allah Be Pleased with him) reported Allah's Apostle (PBUH) as saying:

"He who is deprived of tenderly feelings is in fact deprived of good and he who is deprived of tenderly feelings is in fact deprived of good." [Moslim].

Since violence usually stems from anger, our Prophet (PBUH) forbade it and commanded us not to get angry. He (PBUH) said: "On the authority of Abu Hurayrah (may Allah be pleased with him): A man said to the Prophet (peace and blessings of Allah be upon him): "Counsel me, so he (peace and blessings of Allah be upon him) said: "Do not become angry." The man repeated [his request for counsel] several times, and [each time] he (peace and blessings of Allah be upon him) said: "Do not become angry." [Al-Bukhari].

Furthermore, Abu Hurairah (May Allah be pleased with him) reported: Messenger of Allah (PBUH) said: "The strong man is not the one who wrestles, but the strong man is in fact the one who controls himself in a fit of rage." [Al-Bukhari].

Kindness, leniency and forbearance are the bricks of healthy human relationships and each Muslim should maintain his different relations according to this scale. And Allah is the One Who Bestows all that is good.

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the amount of food to be given to a needy person for fidyah and kaffarah?

The amount of food to be given to a needy person is 600 grams of wheat or rice.

According to the Hanafi school, it is permissible to give the monetary equivalent instead, and this is the ruling issued by the General Iftaa` Department.

What is the ruling on performing istinja' after passing wind from the anus?

Ablution is invalidated by passing wind from the anus, even without a smell. Only ablution becomes obligatory from it. Istinja' is not obligatory nor recommended. And Allah the Almighty knows best.

How to pay Zakah (obligatory charity) due on articles of merchandise?

Articles of merchandise are estimated by their whole sale market price at the end of each lunar year, and (2.5%) of their value is paid as Zakah whether it (value) went up, or down compared to actual purchasing price, and whether the increase (profit) was in the article itself such as an increase in the animal`s weight, or in the prices themselves. And Allah Knows Best.

There are olive trees within the precincts of the mosque, and my father covers the costs of electricity, water, and other needs of the mosque. Is it permissible for him to take the olive harvest?

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

If trees and fruit-bearing crops are planted in a mosque for the mosque itself, they may only be spent on the mosque’s interests. If they were planted for the public way (musabbalah), that is, for the general public, then any Muslim who enters the mosque may eat from them. If the planter’s intention is unknown, they are treated like those dedicated for public use, wherever custom has so run.

It is stated in Tuḥfat al-Muḥtāj (Vol.6/p.295): “The fruit of a tree planted for the mosque within it is not freely permitted without compensation. Rather, the imam spends its equivalent value on the mosque’s interests. The tree left its planter’s ownership here without any verbal declaration because of the evident indication. The case of planting it for the mosque excludes planting it as musabbalah, in which case eating from it without compensation is permissible, and likewise if his intention is unknown, where custom has so run. The tree may be uprooted from the mosque if the imam sees fit. Indeed, if he makes the plot a mosque while a tree stands in it, the imam may uproot it, even if the endower included it within the endowment (waqf).”

The father is a donor (mutabarriʿ), so he is not entitled to take anything in return for his donation to the mosque.

The Ministry of Awqāf is the body that supervises the affairs of endowments, so it must be consulted and the Sharīʿah and administrative instructions regulating such matters must be considered. And Allah Almighty knows best.