If a Man Fights or Abuses him, he should Say: "I`m Fasting. I`m Fasting"

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Summarized Fatawaa

Is Zakah (obligatory charity) due on land intended for selling?

Yes, lands intended for trade are valued, and Zakah is paid according to their estimated value after a lunar year had lapsed, but if the owner didn`t pay the due Zakah, then he should do so after selling them.

Is it obligatory to have an intention (niyyah) for every prayer?

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

It is obligatory for the worshiper to have a specific intention (Niyyah) for every prayer, meaning they must consciously intend the act of worship they are performing. The intention is a pillar (Rukn) of the prayer, and the prayer is not valid without it. It is not a requirement to utter the intention verbally; rather, doing so is considered a recommended Sunnah. 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.

Do pregnant and breastfeeding women have to fast?

Pregnant and breastfeeding women are required to fast. However, if fasting causes them harm or unusual hardship, they may break their fast but must make up for the missed days later.

If they break their fast solely out of fear for the fetus or the child, then they must both make up the fast and give fidyah (feeding a needy person for each missed day), as the benefit of breaking the fast was only for the child.

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If a Man Fights or Abuses him, he should Say: "I`m Fasting. I`m Fasting"

Author : His Grace Shiekh Abdulkareem Al-Khasawneh

Date Added : 02-11-2022

If a Man Fights or Abuses him, he should Say: "I`m Fasting. I`m Fasting"

The advancement of nations lies in their good morals. One poet once said:

Nations live as long as morals do. When their virtues die nations do.

Morals are one pillar of magnanimity. Al-Shafie (May Allah have mercy on him) said: Magnanimity has four pillars: good manners, humility, generosity and asceticism.

Allah The Almighty Has Combined all virtues and perfections in our role model, Prophet Mohammad (PBUH) where He Said (What means): "And thou (standest) on an exalted standard of character." [Al-Kalam/4].

One of the best examples in this regard is the story of the Bedouin who came to the Prophet and said to him: "O Muhammad, give me some of Allah's wealth that you have with you. It doesn`t belong to your father nor mother." The Prophet turned to him and said: "Indeed. The wealth is Allah`s, the earth is Allah`s, and the people are the servants of Allah." Obviously, the Prophet`s response indicates patience and forbearance. However, after the Prophet ordered some food for that Bedouin, he politely held him accountable for his harsh language. Then the Bedouin said: "How could you reprimand me for offending you while Allah Said about You (What means): "And thou (standest) on an exalted standard of character." In fact, people vary as far as good morals are concerned. Not harming others and treating neighbors with kindness indicate beautiful morals.

Even more beautiful than this is exercising patience and forbearance when harmed by others. Narrated Abu Huraira: Allah's Messenger (PBUH) said: "Fasting is a shield (or a screen or a shelter). So, the person observing fasting should avoid sexual relation with his wife and should not behave foolishly and impudently, and if somebody fights with him or abuses him, he should tell him twice, 'I am fasting." [Al-Bukhari].

The one who stands on an exalted standard of character is patient, forbearing, and controls himself in a fit of rage. In addition to this, he is forgiving and turns away from the ignorant. Messenger of Allah (PBUH) said: "The strong man is not one who is good at wrestling, but the strong man is one who controls himself in a fit of rage." [Al-Bukhari].

Allah the Almighty has clarified that the person of great moral character is the one who can-with his ability and kindness-repel rage with patience, ignorance with forbearance, and abuse with forgiveness. Allah The Almighty Says (What means): "Nor can goodness and Evil be equal. Repel (Evil) with what is better: Then will he between whom and thee was hatred become, as it were thy friend and intimate! And no one will be granted such goodness except those who exercise patience and self-restraint, - none but persons of the greatest good fortune." [Fussilat/34-35].

Definitely, goodness and evil can`t be equal. Rather, there is a huge difference between them in the reward (Repel (Evil) with what is better). A divine guidance to repel evil with what is better. Ibn Abbas (May Allah be leased with them) said: "Repel ignorance with patience. Repel (Evil) with what is better refers to maintaining the relation with him who severed the relation with you, showing kindness to him who abused you, and being patient with the ignorant. If you do all of these things, then will he between whom and thee was hatred become as it were thy friend and intimate!. This elevated rank is only bestowed upon the most blessed."

In addition, once Al-Ahnaf was walking to his village, a vulgar man followed him and kept shouting insults against him. The Ahnaf kept silent and never looked at that man until he became close to the village. Then he said to him to take out whatever insults are left against him because that if a member of Al-Ahnaf`s hears him then he will be in big trouble. The man stopped for a moment, grew a conscience, started sweating and felt greatly ashamed, rushed towards Al-Ahnaf kissing his hands, crying, saying that he was sorry, and asking to be forgiven and pledged before Allah not to insult anyone again.

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Summarized Fatawaa

What is the ruling on sending blessings and peace upon the prophet (PBUH) after the Adhan?

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

It is a Sunnah to send blessings and peace (As-Salat wa al-Salam) upon the Prophet ﷺ after the Adhan and the Iqamah, for both the caller (Mu’adhin) and the listener. It is permissible to do so aloud after the conclusion of the Adhan. However, it is preferable to maintain a brief pause between the words of the Adhan and the prayers upon the Prophet ﷺ, so that people do not mistakenly assume that sending blessings upon him is an integral part of the Adhan itself. And Allah the Exalted knows best.

What should one do if they see someone deliberately eating or drinking openly during Ramadan?

They must enjoin what is right and forbid what is wrong. If they fear harm from that person, they should disapprove of it in their heart but avoid sitting with them if possible. It is also preferable to seek the help of the authorities to prevent them from doing so.

What is the ruling on Jumu‘ah (Friday) prayer for a traveler, and what are the conditions for it to be waived from him?

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

Jumu‘ah (Friday) prayer is not obligatory upon a traveler, whether on a long or short journey, provided that — according to the Shāfi‘ī school — he departs from his place of residence before the time for Fajr prayer begins, and that he does not intend to stay in the place he travels to for four days or more, excluding the day of arrival and the day of departure. If he intends to stay longer than that, he may not make use of the travel concession simply by arriving in that town. If he begins his journey after the adhān for Fajr has already been called, then Jumu‘ah prayer remains obligatory upon him, whether in his own town or in any town where Jumu‘ah is being held.

It is stated in Bushrā al-Karīm (Vol.1/p.383), from the books of the Shāfi‘ī school: "Jumu‘ah [prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before Fajr."

A "short journey" refers to travel covering a distance shorter than that of a long journey — that is, less than (81 km). The traveler begins to be entitled to travel concessions once he passes beyond the built-up limits of his town. And Allah, the Exalted, knows best.

When does the time for Udhiyah begin?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.

The permissible timeframe for Udhiyah (sacrificial offering) begins on the day of Eid al-Adha—the 10th of Dhul-Hijjah—once the sun has risen and a period of time sufficient to perform two brief prayer units (Rak'ahs) and two short sermons (Khutbahs) has passed. This window remains open until the sun sets on the final day of Tashreeq, which is the 13th of Dhul-Hijjah.

Our Master, the Messenger of Allah (peace and blessings be upon him), said: "Every valley of Mina is a place of sacrifice, and slaughtering may be done throughout all the days of Tashreeq." (Narrated by Al-Bayhaqi and Ibn Hibban)

The days of Tashreeq refer to the 11th, 12th, and 13th of Dhul-Hijjah.

The most virtuous time to perform the sacrifice is immediately after concluding the Eid prayer, based on the statement of the Prophet (peace and blessings be upon him): "The first thing we do on this day of ours is to pray, then we return and offer our sacrifice. Whoever does that has acted in accordance with our Sunnah (tradition), and whoever slaughters before that, it is merely meat he has provided for his family; it has nothing to do with the ritual sacrifice." (Reported by Al-Bukhari and Muslim)

What is meant here is an estimation of time rather than the actual performance of the prayer itself, as our Master, the Messenger of Allah (peace and blessings be upon him), used to offer the Eid al-Adha prayer immediately after sunrise.

The sacrifice is valid if performed at any time during these designated days, whether by day or by night, though slaughtering at night is considered disliked (Makruh). And Allah the Almighty Knows Best.