Birth of the Awaited Prophet

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Summarized Fatawaa

Is it required for a discerning child to make the intention at night if they wish to fast?

If a discerning child wishes to fast during Ramadan, they must make the intention at night because intention is one of the pillars of fasting, even though fasting is not obligatory for them.

I own a pharmacy and have only merchandise. A full year (ḥawl) has passed and I have no cash. How do I pay the zakāh?

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

Zakāh must be paid immediately from the day it becomes due, and delaying it is forbidden when one is able to pay it, because it is the right of the poor, and it is forbidden to delay giving people their rights except for a valid Sharīʿah excuse. Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said: “In our school, zakāh must be paid out immediately. Once it becomes due and he is able to pay it, it is not permissible to delay it. If he is unable, he may delay it until he is able. If he delays it after being able, he is disobedient and becomes liable for it.” [al-Majmūʿ Sharḥ al-Muhadhdhab, Vol.5/p.333]

If cash is not available to pay the zakāh and the only option is to pay in installments, he must pay it, even if in installments, from the proceeds of the merchandise that is sold after the time the zakāh became due, by deducting a set amount from each day’s takings. And Allah Almighty knows best.

What is the ruling on having an intention (Niyyah) for every prayer?

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

Intention (Niyyah) is a pillar (Rukn) without which the prayer is not valid. The worshiper must have an intention for every prayer, meaning they must consciously intend the act of worship they are performing. Its timing must coincide with the opening Takbir (Takbirat al-Ihram). It is not a requirement to utter it verbally; rather, doing so is considered a recommended Sunnah. There are three levels of intention:

1-If the prayer is obligatory (Fard): It is mandatory to include the Intent (to pray), the Specification (which prayer, e.g., 'Asr), and the Obligation (recognizing it as a Fard). For example, one should bring to mind or say: 'I intend to pray the Fard of 'Asr.'

2-If it is a voluntary prayer restricted by a specific time or cause (Sunnah Muqayyadah): It is mandatory to include the Intent and the Specification. For example: 'I intend to pray the Sunnah before Zuhr' or 'I intend to pray Duha.'

3-If it is an absolute voluntary prayer (Nafl Mutlaq): It is sufficient to simply have the Intent to pray. For example: 'I intend to pray.'

And Allah the Exalted knows best.

Is it incumbent on a husband to pay the alimony of his wife if she had left him and stayed at her parent`s without his permission?

When a wife leaves her house, and stays at her parent`s without asking her husband, she is considered a Nashiz (wife who refuses to abide by her husband’s orders), and so she doesn`t deserve an alimony.

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Birth of the Awaited Prophet

Author : Dr. Ahmad Al-Hassnat

Date Added : 18-10-2021

Birth of the Awaited Prophet

The birth of Prophet Mohammad (Peace be upon him) was exceptional in the sense that all humanity awaited it. Jews as well as Christians were awaiting that moment with all their hearts. They even knew that he was coming. The moment he was born, the whole universe was illuminated and peace and tranquility prevailed. This sign, led the People of the Book to know that the awaited Prophet was born.

The Jews came to Medina before the Prophet (PBUH) was sent with the Message of Islam, because they knew that it is the place where the awaited Prophet will appear. They even threatened the Arabs that they and the awaited Prophet of the end-time will kill them. Abu Na`im reported in [Dala`il An-Nobowah] that Abi Namlah said: "The Jews of Banu Qurayza mentioned Prophet Mohammad (PBUH) in their books and taught their children his name, attributes, and migration to Medina.

However, when he appeared they became envious, transgressed and met him with denial. Before he was sent with the Message of Islam, they sought his intercession and turned to him for help against the pagan Arabs. It is stated in Sirat Ibn Hisham: "The Jews said: "A Prophet will be sent now and we will follow him and kill you like the people of "Aad" and "Aram." Since the Prophet (Peace be upon him) descended from the clan of Quraysh, the Jews refused to believe in him." Allah Says (What means): "When there comes to them that which they (should) have recognized, they refuse to believe in it but the curse of God is on those without Faith. Miserable is the price, for which they have sold their souls, in that they deny (the revelation) which God has sent down, in insolent envy that God of His Grace should send it to any of His servants He pleases: Thus have they drawn on themselves Wrath upon Wrath. And humiliating is the punishment of those who reject Faith." [Al-Baqarah/89-90].

Similarly, the Christians were awaiting the birth of the Prophet Mohammad (PBUH). As reported by Abu Na`im in [Dala`il An-Nobowah], Qis Bin Sa`idah stood one day in Makkah and said: "A man from the lineage of Lu`ai Bin Ghalib will be sent to you and he will teach you to worship one God. Should I live to see that, I would be the first to believe in him…" Amongst the Christians who awaited for his arrival of is Waraqah Bin Nawfal who followed the religion of Abraham.

Waraqa gave the Prophet (Peace be upon him) the glad tidings that he (PBUH) is the Prophet of the end-time. When the Prophet (Peace be upon him) returned from the Cave of Hira` trembling, Khadijah (May Allah be pleased with her) called Waraqa to hear what happened with the Prophet (PBUH). Waraqa asked: "O my nephew! What have you seen?" Allah's Messenger (PBUH) described whatever he had seen. Waraqa said: "This is the same one who keeps the secrets (angel Gabriel) whom Allah had sent to Moses. I wish I were young and could live up to the time when your people would turn you out." Allah's Messenger (Peace be upon him) asked: "Will they drive me out?" Waraqa replied in the affirmative and said, "Anyone (man) who came with something similar to what you have brought was treated with hostility; and if I should remain alive till the day when you will be turned out then I would support you strongly."

He (PBUH) was born under Allah`s Care. His father died when his mother was pregnant with him and she died when he was an infant. Having lost both his father and mother made him draw closer to Allah and being taken care of and raised by Him The Almighty. Allah Says (What means): "Did He not find thee an orphan and give thee shelter (and care)? And He found thee wandering, and He gave thee guidance. And He found thee in need, and made thee independent." [Ad-Duhah/6-8]. The Messenger of Allah said: "My Lord has taught me good manners."

Having taken care of Prophet Mohammad (PBUH) means having taken care of his nation. Allah has honored this nation with being Mohammad`s (PBUH). It is the best nation produced (as an example) for humankind. A nation of truth, mercy, and guidance to all humanity. A nation that didn`t tolerate transgression and injustice. A nation whose roots extended from the east to the west, as reflected in the remnants of its glorious civilization. Today, we are in dire need to revive the concepts of mercy and guidance with which the Prophet (Peace be upon him) was sent. This is to be considered worthy of him and his birth becomes truly the birth of a nation. And all praise be to The Lord of The Worlds.

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Summarized Fatawaa

What is the ruling on combining (jam‘) and shortening (qaṣr) prayers when travel is repeated on a daily basis?

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

A traveler is permitted to avail himself of the concessions of shortening and combining prayers once the distance of his journey reaches (81 km) or more. This is on condition that his journey is a permissible one, and that he begins shortening and combining only after setting out and passing beyond the built-up limits of the city in which he resides, or beyond the administrative boundaries of the area where he lives.

Accordingly, if the distance between one's workplace and one's place of residence reaches the distance upon which the concession of combining and shortening depends, then combining and shortening are permissible once he leaves the built-up area, even if this travel is repeated on a daily basis.

Ash-Shirbīnī (raḥimahullāh) said: "It is permissible to combine Ẓuhr and ‘Aṣr, either as an early combination (taqdīm) in the time of the first, or as a delayed combination (ta'khīr) in the time of the second; and likewise Maghrib and ‘Ishā' — either early, in the time of the first, or delayed, in the time of the second — during a long, permissible journey, in following [the Prophet's practice]. As for the delayed combination, it is established in the two Ṣaḥīḥs from the ḥadīth of Anas and Ibn ‘Umar (raḍiyallāhu ‘anhum). As for the early combination, Ibn Ḥibbān and al-Bayhaqī graded it ṣaḥīḥ from the ḥadīth of Mu‘ādh, and at-Tirmidhī graded it ḥasan." [Quoted with slight abridgment from Mughnī al-Muḥtāj, Vol.1/p.529]

The conditions for combining and shortening have already been explained in Fatwa No. 14 and Fatwa No. 842. And Allah, the Exalted, 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.

What is the ruling on performing Tahajjud after the Witr?

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

It is permissible for one who has prayed the Witr to perform voluntary (Nafl) prayers after it. However, it is preferable for the Witr to be the final prayer of the night. Therefore, if a person is confident that they will wake up during the night for Tahajjud, it is recommended for them to delay the Witr until after the Tahajjud. Conversely, if one fears they may not wake up, they should perform the Witr before sleeping.

Al-Khatib al-Shirbini (may Allah have mercy on him) stated: 'It is not disliked (Makruh) to perform Tahajjud after the Witr, but it is not recommended to do so intentionally.' [Mughni al-Muhtaj, Vol. 1/P.454]. And Allah the Exalted knows best."

Who is the one required to slaughter the 'aqīqah?

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

It is Sunnah for the 'aqīqah to be slaughtered by the guardian of the newborn — the one upon whom the child's financial maintenance is obligatory — provided he is financially capable of doing so. 'Alī ibn Abī Ṭālib, may Allah be pleased with him, reported: "The Messenger of Allah ﷺ performed the 'aqīqah for al-Ḥasan with one sheep." — Narrated by al-Tirmidhī. And Allah Almighty knows best.