Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(71): "Ruling on Leasing an Endowment as a Coffee-Shop"

Date Added : 07-12-2015

 

Resolution No.(71): "Ruling on Leasing an Endowment as a Coffee Shop"

Date: 12/9/1424 AH, corresponding to 6/11/2003

 

We have received the following question:

What is the ruling of Sharia on leasing an endowed estate as a coffee shop that serves carbonated beverages and hookah?

Answer: All of success is due to Allah, The Lord of The Worlds

After researching and deliberating, the Board decided the following:

It is permissible to the leasee of an endowed estate to run it as a coffee-shop for serving carbonated beverages and hookah provided that he doesn`t use it for any illegal purpose, such as serving alcoholic drinks, playing cards, gambling, and mixing between the two sexes. And Allah Knows Best.

 

Chairman of the Iftaa` Board, Chief Justice, Izuldeen At-tamimi

Dr. Abdulsalam Al-Abbadi

Dr. Mohammad Abu Yahia

Dr. Yousef Ghyzan

Sheikh Na`eim Mujahid

Sheikh Mahmoud Shewayat

Dr. Wasif Al-Bakhri

Sheikh Sa`eid Al-Hijjawi 

 

 

Note: The hookah and the cigarettes are forbidden, and it is impermissible to lease shops for selling them, as stated in resolution No.(109) of the Iftaa` Board dated 30/5/2006. And Allah Knows Best.

 

 

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Summarized Fatawaa

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.

Is it permissible for the children of a deceased father to settle his debt from the Zakah (obligatory charity) money due on them?

It is impermissible to use the Zakah of one`s money for settling the debts of the deceased. However, children should settle the debts of their deceased parents out of filial piety. And Allah Knows Best.

Is fidyah required for someone who breaks their fast due to a valid excuse?

● If the excuse is permanent, such as a chronic illness with no hope of recovery or old age, then fidyah is required. This means feeding one needy person for each missed fasting day.
● However, if the excuse is temporary, such as menstruation, postnatal bleeding, or a temporary illness, then only making up the missed fasts (qada) is required, and fidyah does not apply.

What is the ruling on tasting food while fasting?

Tasting food while fasting is disliked (makruh). However, if any part of the food reaches the body cavity (jauf), the fast becomes invalid.