Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(299): "Investing an Endowed Land in which the Endower's Condition was Unattainable"

Date Added : 28-02-2021

Resolution No.(299) (2/2021), By The Board of Iftaa', Researches and Islamic Studies:

"Investing an Endowed Land in which the Endower's Condition was Unattainable"

Date (14th of Jumada Al-Akhirah, 1442AH), corresponding to (28/1/2021AD).

In its 1st meeting held on the above date, the Board of Iftaa` reviewed the letter No.4/2/3/11669 sent from His Excellency, the Minister of Awqaf, Holy Sites and Islamic Affairs Dr.Mohammad Al-Khalayleh. This letter reads as follows:

We would your Grace to clarify the ruling on the endowment of Mr./Baseem Ali Abdullah Naser , which is a building of three floors on an endowed land (No.2112/Al-Abiad Area/Zarqa). The condition of the endower is to build Sharia school, health center, nursing home or an orphanage in accordance to the attached document of the charitable endowment.

In consideration of that, a committee formed of Endowments Zarqa Governorate was in charge to spectate the aforementioned endowment and the possibility of fulfilling the endower's condition. It turns out that it requires 8000JD cost for maintenance and fulfilling his condition was out of reach for the time being due to several reasons.Thus, the committee decided to invest and lease the building till the condition is fulfilled in order to avoid its damage. We hope your Grace to review this matter on the Board of Iftaa' to issue the Sharia ruling in this regard.

After thorough study and deliberation, the Board decided what follows:

In principle, endowments are to be given and fulfilled based on endower's condition and for the same purpose in which it was endowed in the first place by the former. Due to the fact that fulfilling it is unattainable as mentioned in the above question for compelling reasons, then there is no harm on investing the endowed building in the best manner so long as its outcome is disposed as conditioned by the endower. And Allah Knows Best.

 

    Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad Al-Khalayleh, Member

Dr. Majed al-Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member

Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed, Member

Dr. Jamil Khatatbeh, Member

Dr. Ahmad al-Hasanat, Member

Dr. Mohammad Younis Al-Zou`bi, Member

 

            

    

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Summarized Fatawaa

What are the conditions for a valid Udhiyah?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
First: The age of the animal must meet the Sharia requirements. These requirements vary depending on the type of sacrifice:
 
Camels: Must have completed five years and entered their sixth.
 
Cows: Must have completed two years and entered their third.
 
Goats: Must have completed two years and entered their third. As for Sheep, they must have completed one year and entered their second.
 
Some scholars have permitted goats that have completed one year and entered their second.
 
The Hanafi school, along with an opinion in the Maliki school, permits sacrificing sheep that are at least six months old, provided they are healthy and physically substantial. According to the Shafi’i school, it is permissible if the sheep sheds its front teeth (ajdha') before reaching one year [Al-Iqna’, by Al-Shirbini (Vol.2/P.588)].
 
Second: Soundness and freedom from defects. The animal must be free from any defect that causes a decrease in its meat or market value. This is based on the hadith narrated by Al-Bara' bin 'Azib, that the Prophet (peace be upon him) said:
 
"Four [defects] are not permissible in sacrifices: A one-eyed animal whose blindness is evident, a sick animal whose illness is evident, a lame animal whose lameness is evident, and an emaciated animal that has no marrow in its bones." [Reported by Abu Dawood and Al-Tirmidhi, who graded it as authentic].
 
These defects are detailed as follows:
 
Evident Lameness: It is not permissible to sacrifice a lame animal if the lameness is severe enough to prevent it from walking to the pasture or seeking food, as this leads to a decrease in its meat. However, slight lameness that does not hinder its grazing is overlooked.
 
Evident Blindness (One-eyed): It is not permissible to sacrifice a sheep, cow, or camel that has a white film over its eye blocking light, or one that has lost an eye entirely. Weak vision that does not affect its ability to eat does not prevent the sacrifice from being valid.
 
Evident Illness: An animal with a clear sickness that prevents it from eating or moving is not valid. This includes severe mange (Jarab) that spoils the meat.
 
Extreme Emaciation: An animal so thin that there is no marrow left in its bones is invalid. The standard for emaciation that invalidates the sacrifice is that which spoils the quality of the meat to the point that people would find it undesirable even in times of plenty.
 
Additional Considerations:
These are the defects mentioned in the Prophetic tradition, and any defect that causes emaciation or reduces the meat or value is compared to them by analogy. This includes animals that are mentally unstable (diseased), those with mange, or those with a missing ear. In contrast, a slit or pierced ear does not affect the validity of the sacrifice. And Allah the Almighty knows best.

What is the ruling on ablution without istinja' after sleep?

The sleep of one whose buttocks are not firmly seated on the ground invalidates ablution. Whoever wakes up and wants to pray must perform ablution only. Istinja' is not a condition for the validity of ablution, because it is for removing impurity from the private part. If there is no impurity on the private part, then istinja' is neither obligatory nor recommended. And Allah the Almighty knows best.

Does the time of Fajr (dawn) prayer start after the first Athaan (call for prayer), or the second one?

All perfect praise be to Allah,The Lord of The Worlds                                                                                                                                                                    The time of Fajr prayer starts after the second Adhan. And Allah Knows Best.

What is the ruling on performing dry ablution (tayammum) instead of the ritual bath due to severe cold?

Whoever is sick such that he cannot use water, or finds the water cold and heating it is not possible, and the person would be harmed by using cold water, it is permissible for him to perform tayammum. He must make up what he prayed with tayammum, because this is a place where there is water. And Allah the Almighty knows best.