What is the ruling of Islamic Law on performing prayer on the upper floors of al-Masjid al-Ḥarām?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Facing the actual structure of the Ka‘bah (‘ayn al-Ka‘bah) is one of the conditions for the validity of the prayer. The scholars have clarified what is meant by "the actual structure of the Ka‘bah."
Imam ash-Sharwānī (raḥimahullāh) said: "What is meant by its ‘ayn (actual structure) is its physical body, or the airspace directly aligned with it — if the person praying is not inside it. But if he is inside it, then the airspace alone does not suffice; rather, the actual physical structure must be faced, such that even if he faces a projecting part of it measuring roughly two-thirds of a dhirā‘ (cubit) or more, this would be sufficient." [Ḥāshiyat ash-Sharwānī ‘alā Tuḥfat al-Muḥtāj, Vol.1/P.484]
Sheikh al-Qulyūbī (raḥimahullāh) said: "Unlike one who prays outside it — i.e., outside the Ka‘bah — for him the airspace (directly above it) suffices, even if he is higher than it, or even if he is at the location where it (hypothetically) has been demolished." [Ḥāshiyat al-Qulyūbī ‘alā Sharḥ al-Minhāj, Vol.1/P.154]
Accordingly, the prayer is valid on the upper floors of al-Masjid al-Ḥarām, even though these floors are higher than the roof of the Ka‘bah itself. And Allah, the Exalted, knows best.
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.
What is the ruling on offering the sacrifice (uḍḥiyah) using the wealth of a minor or a legally incompetent person (safīh)?
Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
It is not permissible for the guardian (walī) of an orphan or a legally incompetent person (safīh) to offer the sacrifice (uḍḥiyah) on behalf of the minor or the safīh using their wealth, because the guardian is charged with exercising caution over their wealth and is prohibited from giving any of it away voluntarily, and the udḥiyah is a voluntary act of charity (tabarru'). The guardian may, however, offer the sacrifice using his own personal wealth. And Allah, the Most High, knows best.
What are the Sharia consequences when the sacrificial time for the uḍḥiyyah comes to an end?
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the sun sets on the final day of Tashriq (the 13th of Dhu al-Hijjah) and the Udhiyah (sacrificial animal) has not yet been slaughtered, its designated time has expired. Should a person slaughter it after this point, it will not be counted as an Udhiyah.
However, if the sacrifice was a vowed one (Mandhurah), they are strictly obligated to slaughter it as a makeup act (Qada’), and its meat must be distributed entirely according to the rules governing vowed sacrifices.
It is stated in Bushra al-Karim (p. 702): "If one slaughters after sunset on the final day [of Tashriq]... it does not count as an Udhiyah, unless it was a vowed sacrifice, in which case it is fulfilled as a makeup act (Qada’)." And Allah the Almighty Knows Best.
