The Prophet's Migration (Hijrah)... Building the Muslim Nation and Shaping its History

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Summarized Fatawaa

Is it permissible to agree with a butcher to purchase the meat of an animal after it has been slaughtered — for instance, by buying the meat of a sheep at a price determined by the weight of its meat following slaughter, at a fixed rate per kilogram? And what is the ruling if the animal is being purchased with the intention of it being an uḍḥiyyah (sacrificial offering)?

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

It is not permissible to sell livestock in the manner of pricing each kilogram of meat after slaughter at a fixed rate, because the meat within the animal prior to slaughter is unseen and unknown. This leads to jahālah (ignorance of the subject matter) and gharar (contractual uncertainty), both of which are among the invalidating factors in sales transactions.

However, it is permissible for the buyer to issue a promise to purchase the meat of the animal after slaughter at a specified price per kilogram, with the actual sale being concluded at the time of weighing the meat — at which point both the quantity of the goods and the total price become known. There is no Sharī'ah objection to this arrangement.

The jurists have stipulated that for a sale to be valid, both countervalues must be present and observable. Al-Khaṭīb al-Shirbīnī, may Allah have mercy upon him, states:

"It is valid to sell a heap of grain whose total measure is unknown to both contracting parties at a rate of one sā' per dirham. This sale is valid because the subject of sale is present and observable, and ignorance of the total price is not harmful since it is known in detail — and uncertainty is thereby lifted."— [Mughnī al-Muḥtāj, Vol.2/P.355]

As for the uḍḥiyyah, the 'aqīqah, and vowed blood sacrifices (al-dam al-mandhūr) — full ownership of the animal must be established prior to slaughter. It is not valid for such animals to be slaughtered while still in the ownership of the butcher. Rather, the animal must be purchased alive and then slaughtered with the intention of uḍḥiyyah or the like. And Allah Almighty knows best.

Do ear and nose drops break the fast?

Yes, ear and nose drops break the fast because both the nose and ears are open passages to the body cavity.

What is the ruling on vomiting, and does it invalidate ablution?

Vomit is impure (najis). Its exit is not considered one of the nullifiers of ablution. However, the mouth must be washed and purified from it, and any that gets on clothing or the body must be washed for prayer, because prayer is not valid with impurity present on the body or clothing. And Allah the Almighty knows best.

Is Zakat al-Fitr obligatory for an unborn child (fetus)?

Zakat al-Fitr is not obligatory for a fetus. However, if the child is born before sunset on the last day of Ramadan, then Zakat al-Fitr must be given on their behalf.

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The Prophet's Migration (Hijrah)... Building the Muslim Nation and Shaping its History

Author : Secretary General Dr. Zaid Al-Kilani

Date Added : 09-07-2024

The Prophet's Migration (Hijrah)... Building the Muslim Nation and Shaping its History

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.

The Noble Migration is a journey of nation building, transitioning from weakness to strength, fear to security, and fragmentation to unity... It is a journey of constructing a nation chosen by Allah to alter the course of history, led by the greatest leader in history and the best prophet in existence, peace and blessings be upon him, his family, and all his companions.

The Noble Migration signifies the birth of a resilient nation destined to lead the world in a few short years, guided by men devoted to Allah and dedicated to building their homeland and achieving its glory. The companions of the Prophet (peace be upon him) understood these profound meanings, marking the beginning of their nation's history. With these lofty meanings, the honorable migration teaches us to trust in Allah's promise to His sincere servants, knowing that He fulfills His promise and completes His light. It is a promise for our people in Palestine that their patience and steadfastness will ultimately be rewarded with victory by the permission of Allah. The journey was a departure for the sake of return, but it symbolizes the return of the victorious, triumphant liberators. The migration serves as a lesson for us to uphold the strength and resilience of our Jordan, and to stand united against any threat that may confront us.

The Prophet Muhammad (peace be upon him) guided us that one of the most important objectives of migration is to build a strong homeland and establish a state with effective institutions. Building a strong nation begins with the establishment of active institutions that uphold the aspirations of the country, foresee its future, and fulfill the ambitions of its people. Upon his arrival in Medina, the Prophet (peace be upon him) built the mosque, which became the center for nurturing pillars of faith, shaping religious identity, education, communication, judiciary, consultation, opinion, and governance. He built the mosque to house these effective institutions that organize society in accordance with its uplifting values and objectives.

As we learn from the noble migration of the Prophet Muhammad (peace be upon him), one of the pillars of a strong resilient nation is to have a strong independent economy. This serves as a fortress against any interference, by adversaries, in the nation`s political will or cultural identity. Therefore, one of the Prophet's first actions upon arriving in Medina was to establish an independent market for Muslims, breaking the monopoly held by the Jews over trade and wealth. They had sought to control the economic sphere to sow discord and animosity among different societal groups, enabling their own dominance.

Prophet Muhammad (peace be upon him) formulated the document that can be described in contemporary terms as a constitution, outlining the rights and duties of the state and individuals, including protection and preservation. It clarified the meanings of citizenship and emphasized the necessity of the rule of law.

The Prophet Muhammad (peace be upon him) established brotherhood between the Muhajireen (The first inhabitants of Mecca to accept Islam) and the Ansar (The first inhabitants of Medina to accept Islam) to replace the tribal values of negative boasting about ancestors and tribes that Arabs used to practice in the pre-Islamic era.

To resolve the issues of division within the Muslim community, based on the principle from ThHoly Quran, it states (What means): "The believing men and believing women are allies of one another" [At-Tawbah/71], and the same applies on Quranic motto, which states (What means): "Verily, the believers are brothers" [Al-Hujurat/10], in accordance with Allah's Command that reads (What means): "hold firmly to the rope of Allah all together and do not become divided" [Al-Imran/103], the Prophet Muhammad (peace be upon him) established these values and principles as the foundation of the Muslim society. This spirit permeated the institutions of the state founded by the Prophet (peace be upon him), leading to cultural and societal advancement within the Islamic community.

Allah the Almighty immortalized the incident of brotherhood in the Quran to serve as a lasting testimony to this crucial foundation of human civilization. Whereas He, The Exalted, Says (What means): "And [also for] those who were settled in the Home [i.e., Medina] and [adopted] the faith before them. They love those who emigrated to them and find not any want in their breasts of what the emigrants were given but give [them] preference over themselves, even though they are in privation. And whoever is protected from the stinginess of his soul, it is those who will be the successful." [Al-Hashr/9].

In conclusion, we ask Allah the Almighty to make this new Hijri year a year of goodness and blessings for our blessed country and for the leader of the Hashemite family, His Majesty King Abdullah II bin Al-Hussein, may Allah protect and preserve him.

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Summarized Fatawaa

What is the ruling on someone who possesses cash reaching the niṣāb (minimum threshold liable for zakah), and then uses part of it to purchase gold before the ḥawl (lunar year) is complete — must he pay zakāh on all of it [combined], or only on the remaining cash, excluding the gold?

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

Gold acquired for hoarding and saving is subject to zakāh once it reaches the niṣāb (minimum threshold liable for Zakah) — when combined with any cash held — and once a full ḥawl (lunar year) has elapsed over it. The starting point for calculating this ḥawl is the ḥawl of the paper currency [used to purchase it], which had already reached the niṣāb and was then used to purchase the gold.

It is stated in Mughnī al-Muḥtāj (Vol.2/p.78): "As for someone who sells silver in exchange for gold, or vice versa, zakāh remains obligatory upon it, since he builds [the calculation of] its ḥawl upon [the ḥawl established at the time of] the original transaction [i.e., when the wealth was first acquired]."

This has already been explained in detail in Fatwa No. 2670 — please refer to it.

And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on someone who wakes up in a state of janābah (major ritual impurity) near the very end of the prayer's designated time, during cold weather — should he heat water in order to perform ghusl, even though the prayer's time will expire as a result, or should he perform tayammum instead?

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

If the water is cold, and cannot be used due to fear of harm that is not ordinarily tolerable, or that would result in illness, then in this case it becomes obligatory to heat the water — even if heating it causes the time for Fajr to expire — and no sin is incurred in doing so, due to his valid excuse. He may not resort to tayammum (dry ablution) instead, since water remains available [and merely needs to be heated].

Imam Shihāb ad-Dīn Aḥmad ar-Ramlī (raḥimahullāh) said: "He was asked regarding a person who, if he were to use cold water, would experience harm that permits tayammum, and who has access to something with which he could heat the water — but if he heats it, the prayer's time will expire. Is it obligatory for him to heat it even if the time expires, or should he pray with tayammum within the prescribed time? He answered that it is obligatory for him to heat the water, even if the time for that particular obligatory prayer expires." [Fatāwā ar-Ramlī, Vol.1/P.98]

Imam al-Bājūrī (raḥimahullāh) said in his Ḥāshiyah on Sharḥ Ibn Qāsim (Vol.1/P.173): "And if he fears [harm] from using cold water, and is currently unable to heat it, but knows of a place where firewood is available, such that if he were to go there he would not return until after the prescribed time has expired — what appears [to be the correct position] is that it is obligatory for him to go and seek the firewood, even if the time expires as a result, as this is the position ultimately settled upon by ar-Ramlī, and as related from him by Ibn Qāsim." And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on applying perfume before entering the state of ihram

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

Applying some perfume (ṭīb) before entering the state of iḥrām does not affect the validity of the Ihram, even if its trace remains after the iḥrām has begun. Indeed, it is sunnah for the pilgrim performing Ḥajj or ʿUmrah to perfume himself before iḥrām.

The scholar Nawawī al-Jāwī (may Allah have mercy on him) said: “The third of them is applying perfume to the body shortly before it, that is, before iḥrām, whether the one entering iḥrām is male or otherwise, young or old, married or unmarried. The recommendation applies after performing the ritual bath (ghusl), and it is fulfilled with any perfume whatsoever, though the best is musk, mixed with rose water or the like. There is no objection to the perfume remaining on the body after iḥrām; however, if a woman becomes bound by the mourning observance (iḥdād) after entering iḥrām, she must remove it. As for perfuming the garment, it is merely permissible, not recommended, according to the reliable position (al-muʿtamad). But if one removes his perfumed garment while the scent is still present in it and then wears it again, he is liable for the fidyah (expiation).” [Nihāyat al-Zayn, Vol.1/212]. And Allah Almighty knows best.

The imam recited a verse containing a prostration of recitation (sajdat al-tilāwah) but did not prostrate. After the imam's salām, a follower (maʾmūm) performed a prostration of forgetfulness (sujūd al-sahw) because the imam had not performed the prostration of recitation. Is it permissible to go against the imam in this way?

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

There is no sin on the imam if he omits the prostration of recitation (sujūd al-tilāwah), even deliberately. The maʾmūm (the one following the imam) is obliged to follow the imam in the prayer, so if the imam does not perform the prostration of recitation, it is not permissible for the follower to prostrate, because the imam is appointed only to be followed.

If the follower introduces a prostration after the imam’s salām but before his own salām, in a case where there is no prostration of forgetfulness (sujūd al-sahw), his prayer is invalidated if he knew it to be prohibited. Otherwise, he is excused on account of his ignorance and his prayer is not invalidated.

It is stated in Ḥāshiyat al-Imām al-Jamal ʿalā Fatḥ al-Wahhāb: “His statement: ‘So the omission of the hayʾāt (the non-essential sunnahs of the prayer) is not compensated for by prostration; if one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to his ignorance.’”

Since this issue is one that is hidden from the laymen, as it is among the subtleties of knowledge, and the laymen are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of this issue is not invalidated, with the necessity of learning the rulings remaining. As for after knowing it, the prayer is invalidated. And Allah Almighty knows best.