Scary Questions about Severance of Kinship Ties

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What is the ruling on storing the meat of sacrificial animals and distributing it throughout the year?

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

It is disliked (makruh) to store or preserve the meat of sacrificial animals (udhiyah), whether for a short or long period, provided that the sacrifice is slaughtered within its prescribed lawful time, while also taking care to prevent the meat from spoiling. And Allah Almighty knows best.

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

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

The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.

The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.

Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What should the one performing the slaughter say at the time of slaughtering the 'aqīqah?

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

It is Sunnah to say the following supplication at the time of slaughtering the 'aqīqah:

"Bismillāhi wallāhu Akbar, Allāhumma laka wa ilayka, hādhihi 'aqīqatu fulān."

("In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of [the child's name].")

This is based on what al-Bayhaqī narrated in Al-Sunan al-Kubrā (Vol.9/P.511), that the Prophet ﷺ said: "Slaughter it in his name and say: In the name of Allah, and Allah is the Greatest. O Allah, this is for You and unto You — this is the 'aqīqah of so-and-so."

And Allah Almighty knows best.

What is the ruling on swallowing saliva while fasting?

It is permissible for a fasting person to swallow their saliva because avoiding it would cause undue hardship and excessive strictness in religion. Islam discourages such excessiveness since Allah the Almighty intends ease for His followers and does not intend to put them in hardship.

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Scary Questions about Severance of Kinship Ties

Author : Dr. Mohammad bani Taha

Date Added : 01-11-2022

Scary Questions about Severance of Kinship Ties

Am I banned from entering Jannah (Paradise) because I don`t maintain kinship ties? Does this apply to me? Is it true that my deeds will neither be presented before Allah nor accepted by Him? Such scary questions haunt most people, so they send them to the Iftaa` Department via social media.

In fact, there is a number of motivations for posing such questions; the most important of which are:

First: Religiosity, thanks to Allah. This is embodied in hoping to win the pleasure of Allah in this world and the next life and fearing to be deprived from His mercy.

Second: There are many texts from the Quran and the Prophetic Sunnah warning against severance of kinship ties and harboring enmity, and that Allah won`t accept the deeds of kinship-ties severer and will deprive him/her from His mercy.

Third: Arguments and disagreements leading to enmity and severance of kinship ties.

Relieving the questioner's` fear can be achieved through assuring them that being afraid of the warning against those who harbor enmity and sever kinship ties is a sign of righteousness reflecting firm belief and closeness to Allah. This can also be done through explaining the qualities of the individual liable for this warning by interpreting the Sharia texts that dwelled on this theme. The most salient of these texts are:

- Sura 13, Verse No. (25)" But those who break the Covenant of God, after having plighted their word thereto, and cut asunder those things which God has commanded to be joined, and work mischief in the land;- on them is the curse; for them is the terrible home!."

- The Prophet (PBUH) said: "Anyone who cuts off relationship from his nearest relatives will not enter Paradise." [Agreed upon].

- The Hadith reported by Al-`Amash in [Jami` Mu`ammar Bin Rashi, vol.11/pp.174].

- Abu Huraim reported Allah's Messenger (PBUH) as saying: "The deeds of people would be presented every week on two days, viz. Monday and Thursday, and every believing servant would be granted pardon except the one in whose (heart) there is rancor against his brother and it would he said: Leave them and put them off until they are turned to reconciliation." {Transmitted by Muslim}.

Abu Musa al-`Ash‘ari (May Allah Be Pleased with him) reported God’s Messenger as saying: "God most high looks down on the middle night of Sha'ban and forgives all His creatures, except a polytheist or one who is hostile." [Ibn Majah, vol.1/pp.44].

After careful consideration of these texts and scholars` commentaries on them, it is made clear that the one deserving the above-mentioned warning must meet the following conditions:

1- Deeming severance of kinship ties lawful without a valid excuse or doubtfulness although he/she knows that it is unlawful. The eminent scholar Al-Khastalani said: "The person referred to in this regard is the one who deems severance of kinship ties lawful without a valid excuse or doubtfulness although he/she knows that it is unlawful." [Shareh Al-Khastalani].

2- Severance of kinship ties for a worldly interest. However, doing so out of enjoining kindness and forbidding iniquity to please Allah and be admitted into Jannah excludes such person from this warning. However, this is provided that the rules of enjoying kindness and forbidding iniquity are observed. Of course, this should be done with wisdom and fair preaching.

3- Maintaining kinship ties doesn`t result in moral or material harm. It was narrated from Hudhaifah, that The Messenger of Allah (PBUH) said: "It is not for the believer to humiliate himself." They said: "How does he humiliate himself?" He said: "By taking on a trial which he can not bear." [Sunn At-Tirmithi, vol.4/pp.523].

4- Transgressing against near relatives, harboring hatred and enmity towards them, intending every evil for them, and depriving them from any benefit in this life and the next. However, the one who means them no harm and keeps kinship ties at the minimum, for example greeting with Asalamu Alikum, is relieved from the above-mentioned warning. Commenting on Sahih Al-Bukhari, Ibn Battal cited the words of Tabari who said: "The one who keeps kinship ties at minimum, such as greeting with AsalamuAlikum, isn`t considered a severer of kinship ties. Therefore, who is the person intended by the Hadith? He said: the one who deserts near relatives, harbors enmity towards them and deprives them from any benefits in this life and the next."

5- Being contented with severing kinship ties and harboring enmity towards near relatives without exerting every effort possible to set the records straight and make reconciliation. However, the one who tries to bring these ties to normal and make reconciliation, even if the other party refuses, isn`t considered a severer of kinship ties. This is because he has done his part and, as well known, Allah burdens not a soul beyond its scope.

One should remember that the Quran and the Sunnah contain multiple texts that call for forgiving others, overlooking mistakes, and cleansing hearts from hatred and enmity. This is since The Messenger of Allah (PBUH) said: "It is not lawful for a Muslim to desert (stop talking to) his brother beyond three nights, the one turning one way and the other turning to the other way when they meet, the better of the two is one who is the first to greet the other." [Agreed upon].

This way, fear and despair are eliminated and a person is motivated to eliminate all causes of enmity and severance of kinship ties to keep the society united against all attempts of sowing the seeds of discord amongst its members. This achieves the intention of the Lawgiver in establishing a society in which people`s dignity, property, and blood are considered inviolable.

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Summarized Fatawaa

I bought an apartment, and I am saving money to pay the remaining balance of its price — is zakāh obligatory on this money?

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

Zakāh is obligatory on all saved/hoarded wealth. Once the total wealth reaches the niṣāb (minimum threshold liable for zakah— equivalent to the value of 85 grams of pure 24-karat gold) and a full ḥawl (lunar year) has elapsed over it, zakāh becomes obligatory at a rate of (2.5%) — even if the wealth is earmarked for basic future needs, and even if the wealth's owner is in debt. Debt does not prevent the obligation of zakāh, nor is it deducted when calculating the zakāh due, based on the general and unrestricted wording of all the Qur'anic verses commanding zakāh, which draw no distinction between someone in debt and anyone else.

It is stated in ‘Umdat as-Sālik, from the books of the Shāfi‘ī school: "If someone possesses exactly the niṣāb, and owes an equivalent amount in debt, zakāh remains obligatory on what is in his possession, and the debt does not prevent this obligation" — meaning, the obligation of zakāh on what is presently in his possession.

The ḥawl (annual cycle) recognized for zakāh, as well as for the other sharī‘ah obligations that Allah, the Exalted, has imposed upon Muslims, is the Hijrī (lunar) year. And Allah, the Exalted, knows best.

Is it permissible for an elderly person, a pregnant woman, or someone with a chronic illness to pay fidyah before Ramadan begins?

It is not permissible for an elderly person, a pregnant woman, or someone with a chronic illness to pay fidyah before Ramadan begins.

Additionally, it is not allowed to pay fidyah for more than one day in advance, because fidyah is a substitute for fasting, and fasting is not yet obligatory at that time.

However, it is permissible to pay fidyah for a single day in advance, by analogy with paying zakat up to one year in advance.

Is it permissible to fast the six days of Shawwal before making up for the missed fasts of Ramadan?

● If a person missed fasts due to a valid excuse, they may fast the six days of Shawwal before making up for Ramadan fasts, because qada (makeup fasts) in this case can be delayed, while the six days of Shawwal must be observed within Shawwal.

● However, if a person missed fasts without a valid excuse, they must make up for the missed fasts immediately after Eid, before fasting the six days of Shawwal. If they fast the six days first, it is valid, but they must still make up for the missed Ramadan fasts afterward.

It is also permissible to combine the intention of qada (makeup fasts) and the six days of Shawwal in one fast. However, it is better to fast them separately, as this increases the reward and avoids scholarly disagreement regarding combining intentions.

What is the ruling on a woman who learns of her divorce or her husband's death after her ʿiddah has ended? And does the ʿiddah of a woman who abandoned mourning (iḥdād) for the whole period of the ʿiddah, or part of it, still end, even though she knew that abandoning it is forbidden?**

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

The waiting period of a widow who is not pregnant is four months and ten days, based on the saying of Allah Almighty (which means): “And those of you who die and leave wives behind, they shall wait concerning themselves for four months and ten days” [al-Baqarah/234]. If she is pregnant, her ʿiddah ends with the delivery of her child. The ʿiddah is calculated by lunar months and begins from the date of death.

If her ʿiddah ends before she learns of her husband’s death, or of his divorcing her, she does not observe the ʿiddah upon learning of it, because her ʿiddah has already ended.

It is stated in al-Bayān fī Madhhab al-Imām al-Shāfiʿī (Vol.11/p.41), one of the books of the Shāfiʿī school: “If a man divorces his wife, or dies while he is absent from her, her ʿiddah is from the time of the divorce or from the time of death. If she does not know of the divorce or the death until her ʿiddah period has ended, then her ʿiddah has ended. If she learns of it before the end of the ʿiddah period, she completes her ʿiddah counting from the time of the divorce or death.”

As for a woman who abandoned mourning throughout the ʿiddah while knowing that it is forbidden, she is sinful, although her ʿiddah has nonetheless ended. And Allah Almighty knows best.