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About the Mistake Made by Taking the Fatwa on Serving Food during the Day Time of Ramadan out of its Context
Author : The General Iftaa` Department
Date Added : 11-06-2023

About the Mistake Made by Taking the Fatwa on Serving Food during the Day Time of Ramadan out of its Context

 

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

The General Iftaa` Department attracts the attention of all its followers to the need to take the context and subject of the Fatwa into consideration, not to remove it out of its circumstance, and not to generalize its intended meanings from near or far. This pertains, in particular, to the answers forwarded to the asker through his/her personal email since they aren`t characterized as absolute and general. Rather, they address a certain case and circumstance.

 

The General Iftaa Department had answered one of the questioners about a fasting person making “Breakfast, lunch or coffee for a non-fasting person… and he is forced to do so because his manager orders him to do that.” This is according to the text of the question.

 

The answer was that helping in such sin is forbidden because a Muslim wouldn`t help a Muslim in not observing fast during daytime of Ramadan unless that Muslim had a lawful excuse such as illness, travel and the like.

 

The answer given by the Department read as follows: "You aren`t allowed to serve coffee and tea during the day time of Ramadan to someone who disobeys Allah by violating the sanctity of this sacred month without a valid excuse. This is because what you are doing is helping in sin while Almighty Allah says {What means}: "Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. for Allah is strict in punishment." {Al-Ma`idah, 2}.

 

However, some people misunderstood this Fatwa and said that the Department bans the excused and non-Muslims from eating during the daytime of Ramadan!

 

Accordingly, it was imperative that We clarify the fact of the matter, so We said that the banning pertains to the Muslims who broke fast without a valid excuse and didn`t impose any difficulty on people with excuses. This is in addition to not transgressing against the special nature of other faiths nor addressing non-Muslims.

 

The fact that Fatwa is a responsibility obliges everyone to observe honesty in delivering Fatwa, prudence, and accuracy of expression, and if there is a confusion or a problem, the Iftaa` Department is always ready to make things clear. Allah the Almighty says {What means}: " And pursue not that of which thou hast no knowledge; for every act of hearing, or of seeing or of (feeling in) the heart will be enquired into (on the Day of Reckoning)." {Al-Isra`, 36}. And Allah the Almighty knows best.

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Summarized Fatawaa

A woman died at the age of ninety. Her living children are nine: two sons and two daughters. The youngest of her grandchildren, from her son who passed away one year before her, is aged thirty-two. Are these grandchildren entitled to the obligatory bequest although they are aged thirty-two and above?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
A Muslim isn`t obligated to leave a bequest to his grandchildren whose father had passed away; rather, this act is recommended. Therefore, if he left a bequest whereby they get less than one third of the estate then Allah will reward him for that. However, if he left no bequest for them then they get nothing because their paternal uncles are alive and they are closer to the deceased and more entitled to inherit him. This is the position of the four schools of Islamic jurisprudence. However, the Personal Status Law didn`t adopt this position; rather, it gave them the same amount to which their father is entitled when alive but his father or mother are dead; provided that it doesn`t exceed one third of the estate. Therefore, we advise them (Grandchildren) to relinquish this share of the inheritance. If not, then we advise their paternal uncles to overlook the amounts taken from their shares and given to their paternal nephews. And Allah The Almighty Knows Best.

1- A young man whose father and grandfather are dead. Unfortuntly, he passedaway leaving a mother, two sisters and a brother. Do his paternal uncles inherit him? 2- A man died leaving daughters, a wife, brothers, a mother or no mother. It is well known that the daughters inherit two thirds and the wife one eighth. To whom does the rest of the estate go and what is the evidence on that from the texts of Sharia?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
1- The full brother or the paternal half-sibling disinherits the paternal uncles. The paternal half-sibling takes one sixth and because they are from the Asabah (Male relatives on the father`s side) of the deceased they take the rest of the estate. The proof of this is that Ibn ‘Abbas (May Allah Be Pleased with them) reported God’s Messenger (PBUH) as saying: "Give the shares to those who are entitled to them, and what remains over goes to the nearest male heir." [Agreed upon]. In this case, nothing is left to them.
2- The brothers take the rest of the deceased`s estate and the full brother disinherits the paternal half-sibling, and the proof of this is the aforementioned narration. And Allah The Almighty Knows Best.

Is it permissible for a woman who is in her confinement to fast upon seeing blood signs that are neither black, nor red ?

Brownish, reddish, and yellowish discharges are all considered confinement until there is no colored discharge which marks the end of confinement. Moreover, the aforesaid woman is prohibited from fasting until she attains ritual purity. And Allah Knows Best.

What is the ruling when a woman forsakes her husband in bed because he doesn`t pray regularly?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
He must pray regularly so as not to be admitted into Hell; however, you must obey him in lawful matters even if he doesn`t pray on regular basis because he is considered a disobedient Muslim and not an infidel. And Allah The Almighty Knows Best.

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