Q: Is it allowed for a sister to pray bare foot at home if she is with her husband and children?

Yes, according to Abu Ĥaniifah, the woman's foot below the ankle is not part of the ˆawrah.

Questions on married life

Question : When a person taking a bath, should he protect his ˆawrah (knee to navel) or not? - by wearing say short or underwear? For the shyness of Allah, and also some said for avoid jinns harm?

Answer: Scholars say it is Makruuh to take a bath with the ˆawrah uncovered. With regards to the harm of jinn, the Prophet Mohammad said if some one say "bismillaah" before taking off his clothes this would be a cover for him from jinn¹.

Question: can a husband and wife shower together while looking into both private part if there is no sexual need or desire?

Answer: It is allowed².

Question: If not in the shower, can a husband and wife look at each other's private parts without sexual desire?

Answer: It is allowed.

Question: If a woman got divorce, and had young kids, but her husband stopped paying, what is her legal right to seek for further help? Through efforts of court? Or any?

Answer: She complains to the Islamic judge, and he will decide.

Question: If the woman is angry with the father, and she did not want the kids to see the irresponsible father, can she stop his visits or the kids going to him? If the father may have bad things around that may effect the kids, such as a drinking problem, or having a girlfriend there, can she prohibit her kids to see their father or their father to see them?

Answer: She cannot prevent him from seeing them, but she can prevent him from entering her house.

Question: What is the father right under normal divorce (with normal relationship to his divorce wife) to visit his children in Islaam? How often? Or any time he has need or kids has the need to see the father?

Answer: Whenever he likes, but she can prevent him from entering her house. The father may take the children to live with him when the boy is 7 and the girl is 9.

Question: If the father want to see the kids but mother did not allow him, but he is doing his father duty ( paying for kids ) what's his right ? And if he took the decision to take kids without his wife agreement or notice, will that be sinful? And what possible result may he face?

Answer: The father may take the children to live with him when the boy is 7 and the girl is 9.

Question: Regarding adultery; some scholar said the ĥadiitħ for the death penalty is weak, what is the correct evidence to prove it?

Answer: If a person has had legitimate intercourse in a marriage with a Muslim, while he/she was also Muslim when that intercourse happened, and both were mukallaf; if adultery happens after that, even after a divorce, then the death penalty applies by the agreement of all scholars that count. This is because of the ĥadiitħ of a companion called Maaˆiz that was stoned to death by the Prophet. Maaˆiz had been previously married, and this ĥadiitħ is in Al-Bukħaariy (#6815, 6820, and 6825) and Muslim (#16 in the Book of Ĥuduud). There is also another ĥadiitħ in which the Prophet said that it is not allowed to kill a Muslim except in three cases, and he mentioned adultery as one of them. Whoever said that that the ĥadiitħ for death penalty is weak is not a scholar.

Question: Oral sex: scholars has different opinions about it? What is the correct saying? ĥalaal? ĥaraam? makruuh?or permissible? and what is the proof?

Answer: Scholars have said it is allowed, but those who said that semen is najis said that one avoids getting najis in the mouth. Those who considered it dirty, but not najis, said one must not swallow it. However, the mouth is an honored body part in Islam, and it is better to avoid this.

Question: If oral sex is halal, and the wife refused to do it, will she be sinful?

Answer: No, she is only sinful if she prevents him from intercourse.

Question: His ejection semen after oral sex is madĥi? If she knew there is possibility for her to swallow the madĥi, will she be sinful?

Answer: Madĥi comes before semen. It is not allowed to put it in the mouth because it is najis.

Question: If a person said he did not believe in all the 4 school of Fiqh - what is the judgment? There is a person that claims to believe only in Qur'aan, and does not believe in the 4 school of Fiqh. What is the judgment by saying that? Could you quote the Quran and sunnah to support their view?

Answer: It is an obligation to follow one of the 4 schools, because there is consensus about their soundness. A common person cannot determine what is a proof and what is not. Moreover, if we allow any person to deduce judgment from Qur'aan and Sunnah, we will have anarchy and the religion will be lost.

Do not bother yourself to try to convince a person who argues about this and is involved with people who take such a view. He/she will will never be convinced, and is interested in arguments for the sake of arguments.

1قال في المراقي يكره الإغتسال مع كشف العورة اه قلت الكراهة تنزيهية أما بالنسبة لأذى الجن ففي مجمع الزوائد (باب ما يقول عند الخلاء) (ج 1 / ص 205) : عن أنس بن مالك قال قال رسول الله صلى الله عليه وسلم ستر ما بين أعين الجن وعورات بني آدم إذا وضعوا ثيابهم أن يقولوا بسم الله. رواه الطبراني وفي الاوسط باسنادين أحدهما فيه سعيد ابن مسلمة الاموي ضعفه البخاري وغيره ووثقه ابن حبان وابن عدي وبقية رجاله موثقون.

2قال في المبسوط و تبيين الحقائق شرح كنز الدقائق : فَأَمَّا نَظَرُهُ إلَى زَوْجَتِهِ وَمَمْلُوكَتِهِ فَهُوَ حَلَالٌ مِنْ قَرْنِهَا إلَى قَدَمِهَا عَنْ شَهْوَةٍ أَوْ عَنْ غَيْرِ شَهْوَةٍ لِحَدِيثِ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ قَالَ : غُضَّ بَصَرَك إلَّا عَنْ زَوْجَتِك وَأَمَتِك { وَقَالَتْ عَائِشَةُ رَضِيَ اللَّهُ عَنْهَا : كُنْت أَغْتَسِلُ أَنَا وَرَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مِنْ إنَاءٍ وَاحِدٍ وَكُنْت أَقُولُ بَقِّ لِي وَهُوَ يَقُولُ بَقِّ لِي } وَلَوْ لَمْ يَكُنْ النَّظَرُ مُبَاحًا مَا تَجَرَّدَ كُلُّ وَاحِدٍ مِنْهُمَا بَيْنَ يَدَيْ صَاحِبِهِ وَلِأَنَّ مَا فَوْقَ النَّظَرِ وَهُوَ الْمَسُّ وَالْغَشَيَانُ حَلَالٌ بَيْنَهُمَا قَالَ تَعَالَى { وَاَلَّذِينَ هُمْ لِفُرُوجِهِمْ حَافِظُونَ إلَّا عَلَى أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ } الْآيَةُ إلَّا أَنَّ مَعَ هَذَا الْأَوْلَى أَنْ لَا يَنْظُرَ كُلُّ وَاحِدٍ مِنْهُمَا إلَى عَوْرَةِ صَاحِبِهِ لِحَدِيثِ { عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا قَالَتْ : مَا رَأَيْت مِنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَلَا رَأَى مِنِّي مَعَ طُولِ صُحْبَتِي إيَّاهُ } وَقَالَ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ { إذَا أَتَى أَحَدُكُمْ أَهْلَهُ فَلْيَسْتَتِرْ مَا اسْتَطَاعَ وَلَا يَتَجَرَّدَانِ تَجَرُّدَ الْعِيرِ } وَلِأَنَّ النَّظَرَ إلَى الْعَوْرَةِ يُورِثُ النِّسْيَانَ وَفِي شَمَائِلِ الصِّدِّيقِ رَضِيَ اللَّهُ عَنْهُ مَا نَظَرَ إلَى عَوْرَتِهِ قَطُّ وَلَا مَسَّهَا بِيَمِينِهِ فَإِذَا كَانَ هَذَا فِي عَوْرَةِ نَفْسِهِ فَمَا ظَنُّك فِي عَوْرَةِ الْغَيْرِ وَكَانَ ابْنُ عُمَرَ رَضِيَ اللَّهُ تَعَالَى عَنْهُمَا يَقُولُ : الْأَوْلَى أَنْ يَنْظُرَ لِيَكُونَ أَبْلَغَ فِي تَحْصِيلِ مَعْنَى اللَّذَّةِ رُوِيَ عَنْ أَبِي يُوسُفَ رَحِمَهُ اللَّهُ فِي الْأَمَالِي قَالَ : سَأَلْت أَبَا حَنِيفَةَ رَحِمَهُ اللَّهُ عَنْ الرَّجُلِ يَمَسُّ فَرْجَ امْرَأَتِهِ أَوْ تَمَسُّ هِيَ فَرْجَهُ لِيَتَحَرَّكَ عَلَيْهَا هَلْ تَرَى بِذَلِكَ بَأْسًا ؟ قَالَ لَا ، أَرْجُو أَنْ يَعْظُمَ الْأَجْرُ قال في الغاية ( قَوْلُهُ : إلَّا أَنَّ الْأَوْلَى أَنْ لَا يَنْظُرَ ) أَيْ لِمَا رُوِيَ عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا { قُبِضَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَلَمْ يَرَ مِنِّي ، وَلَمْ أَرَ مِنْهُ } ، وَهَذَا مِنْ مَكَارِمِ الْأَخْلَاقِ فَلَا يَدُلُّ عَلَى تَحْرِيمِ النَّظَرِ لِمَا قُلْنَا . ا هـ غَايَةٌ .

Nikah done over the phone

Question: Nearly 2 years ago, I met someone over the internet and fall madly in love with him. I am now 19. In January this year, we decided to get our nikkah done over the phone. His big sister was a witness on his side, and My 15 year old brother along with my 13 year old sister. We both said "i * * accept you * * in front of these witness and in front of Allah subana thala as my wife/husband" ever since then we have considered ourselves married. I am now worried, as since then, although we havent had intercourse, my husband has touched, hugged, kissed and caressed me. Is this haram? Am i not married? Cant i re - marry him?

Answer: You are not married. You need to perform the marriage contract in front of 2 male, adult, muslim witnesses, or 2 women with one man. This cannot be done over the phone, because the witnesses need to see who is conducting the contract.

Re: eating meat from non-muslim supermarkets slaughtered in a non-islamic way

Question:

1.Is it halal to eat the meat (like chicken, cow , goath, etc and products that contain these meats) from non-muslim supermarkets slaughtered in a non-islamic way (without basmala) ?

Meat that has not been slaughtered islamically cannot be eaten, even in small amounts. To do so is an enormous sin. Saying bismillaah does not not change this.

Question:

2.Is it halal to eat fish from those supermarkets?

Yes, fish is allowed to eat, even if caught by a kafir, because it does not require slaughtering.

Modality of 4 Rakat Sunnat Ghair Mokkada

Question: This question relates to a 4 Rakat Sunnat Ghair Mokkada. I have seen
many poeple who do not recite durood (At Tahiyyatu and Allahumma Salli
and Allahumma Barik) in the second rakat of Sunnat Ghair Mokkada. They
perform the Sunnat Ghair - Mokkada just like the they perform the
Mokkada Sunnat. Following is the way I was told to do it. Could you
tell me if i am doing it correctly?
Rakat 1 - Subhanaka, Fatiha, A Surah, Bowing, Prostration (Two times)
Rakat 2 - Fatiha, A Surah, Bowing, Prostration (Two times), At
Tahiyyatu, Allahumma salli, Allahumma barik
Rakat 3 - Subhanaka, Fatiha, A Surah, Bowing, Prostration (Two times)
Rakat 4 - Fatiha, A Surah, Bowing, Prostration (Two times), At
Tahiyyatu, Allahumma salli, Allahumma barik, Rabb'ana Atina

Answer: That is correct, as you do it, but add "aˆuudħu billaahi min asħ-sħayţaani r-rajiim" before the Fatiĥah in the 1st and 3rd rakat.

Marital relations

Question: If you say talaq 3 times consecutively (within 5 seconds) to your wife, can you go back to her during her Hada period?

Answer: No, these are three divorces, you cannot even marry her again until she has been married to another person and had intercourse in that marriage.

Question: Is oral sex between a husband and wife allowed in Islam?

Answer: Only if one can avoid swallowing the fluids of the sexual organs.

Question: If you do not want to grant talaq to a wife but she wants talaq and she does not want to have sex with you for a year, can she ask for divorce on the ground of No-Sexual relationship for more than 4 months?

Answer: The husband has to agree for a divorce.

Reciting in the 3rd and 4th rakˆah

Question: do we recite a suat after surat fateh in the 3rd and 4th rakat of farz namaz?Many thanks in anticipation.

Answer: No, you only recite Al-Faatiĥah in the 3rd and 4th rakˆah of farđ (obligatory) prayers. In other prayers, such as witr or sunnah prayers, you add a suurah.

Ghusl and fasting

Question: in ramadan after intercourse a person can have fast bt the thing which confuses me is after having fast  when it is necessary to take bath as i know it is as early as possible bt a frend otherwise our fast is not right a frend of mine arguing with me that it is not necessary to take bath as early as possible as if we did'nt have the bath till aftari then our fast remaind the day bt i said that in this condiion we dont have right fast as it shuld be .can u plz help me to solve my confusion

waiting for reply anxiously

Answer: It is not necessary to have ghusl to fast. Ghusl is necessary for prayer, not fasting.

Re: Fiqh Question

Question: 

My question is in regards to alcohol in foods according to the Hanafi madhhab. Recently, my  mother purchased a chocolate brownie cake which contained ehtyl alcohol and propylene glycol. I was wondering if it would be permissible to consume since the cake has been baked. Or if it's haram regardless.

Answer: It is forbidden to eat this cake. 

Questions on ţahaarah, prayer and covering the ˆawrah

1- What's the ruling for eating halal food in plates / bowls/ pots used for cooking haram food in there?

Ĥanafiy Answer: They have to be cleaned in flowing water until all traces of najis filth are gone. If they have been washed in the kitchen sink, run some water from the tap over them before using them. If they have been cleaned in a dishwasher, then that should be sufficient if the water is changed 3 times or more (even if it was mixed with soap.) In the Shaafiˆiy school, however, if the najis is from a dog or a pig, then it must be washed 7 times, including one time with water mixed with soil.

2- Are my prayers valid for a Muslimah ( who follow Shafie mazhab) with her hand uncovered because running out of prayer time and don't have the clothes for praying (to cover her hands)

Sħaafiˆiy Answer: If you mean from below the wrist, yes, otherwise: no.

3- What's the ruling for hair colouring because of the chemicals used in the hair colour that make water don't go through the hair ( when making wudhu' or ghusl)

Ĥanafiy Answer: I one uses something that actually prevents the water from reaching the hair, then this prevents wuduu and ghusl. This is not the case, however, with normal hair coloring.

4- Is red / white wine vinegar" / "rice wine" etc halal? How about those things found / mixed in food ingredients such as bread , crab stick etc?

Ĥanafiy Answer: As long as there is no alcohol present, or other najis substances in the ingredients, it is halaal. Note that seafood other than fish is not halaal in the Ĥanafiy school, but the other 3 schools allow it.

5- What I understand , anything that comes in contact with dogs (its hair or saliva), needs to be washed 7 times. My husband's mother has dogs. What should me and my husband do every time we go to visit her? Because it's important for a son (even after he becomes a Muslim) to have a good relationship with his mother regardless of her religion Or we just can't be bothered to visit her?

Ĥanafiy Answer: The dog saliva and sweat is najis, but there is no need to wash with soil except according to Asħ-Sħaafiˆiy. If you come in contact with a dry dog, this does not transfer any najis to you. Only if it is wet, because its sweat is najis, or if it licks, because its saliva is najis.

6- When is the valid time to say niyyah (intention) for fasting ( Ramadhan, qadha' and nazr )?

Ĥanafiy Answer: in Ramađaan before half the time of fasting has passed, but in qađaa' or nadħr, only before fasting time starts. Asħ-Sħaafiˆiy says one must make the intention of fasting before fasting time starts even in Ramađaan.

7- Who is in my husband's family when I shake hand with them and etc will break my wudhu'? Is my wudhu' valid when I touch my mother in law, my female in laws, my father in law, my husband's uncles?

Sħaafiˆiy Answer: Shaking hands with a non-maĥram of the opposite gender that has reached an age when a normal person might find him/her attractive breaks one's wuđuu. This would apply to your husband's uncles and brothers (if any), but not his father. In front of these you are not allowed to show more than you hands below the wrist, and your face, and it is sinful to shake hands with them.

8-My relative takes medications to thin the blood because of health conditions,what if I find some old dry blood traces on clothes, sheets etc. I've tried washing the blood from the clothes used for prayer. Is it najis for the blood's on the sheet that's hard for me to wash it off?

Ĥanafiy Answer: If you have washed it several times in different waters, or with flowing water, and some trace of color remains that will not go away with using water alone (but would need soap or chemicals), then this is excused.

Marriage without witnesses

Question:
In hanafi fiqh; without witness does defective nikkah exist and if it exists can couple re marry  or do nikkah again after the seperation in defective nikkah?

Answer:
There is no marriage contract without witnesses.

Zakaat on money

Question:
I invested 1000$ on 1st of Muharram of a year, on the 1st of Ramadan of the same year I got profit of 20$ from that 1000$, so what would be my calculation of jakah on the next year  of 1st Muharram, on the basis of 1000$ or 1020$?

Answer:
You need to sum up all the cash and properties intended for trade you have minus any outstanding debts. The sum of this is the basis for Zakaat. It does not matter if you have invested it or not. Once you have a nişaab, which is about 85 grams of gold or 595 grams of silver in value, then you wait for a year. If you still have the value of a nişaab, then you should pay 2.5% of what you have at that moment in Zakaat.

Re: al Makki

Question:

Are Ibn Hajar Al Makki and Ibn Hajar Haythami al Makki and al Haythami (author of Majma al Zawaid) the same person? And all three Shafis?

 

Answer: Ibn Hajar Al Makki and Ibn Hajar Haytamy are the same person, and it is Haytamiy, not Haythamiy. The other person is Nuuru-d-Diin Al-Haythamiy and is a different person. Both are Shaafiˆiys.

Ĥadiitħ of the blind man, how did the majority interpratate it?

Question:

Please tell me how (commentators of Hadith) have interpretated this Hadith;

 
THE HADITH OF THE BLIND MAN

حدثنا محمود بن غيلان حدثنا عثمان بن عمر حدثنا شعبة عن أبي جعفر عن عمارة بن خزيمة بن ثابت عن عثمان بن حنيف أن رجلا ضرير البصر أتى النبي صلى الله عليه وسلم فقال ادع الله أن يعافيني قال إن شئت دعوت وإن شئت صبرت فهو خير لك قال فادعه قال فأمره أن يتوضأ فيحسن وضوءه ويدعو بهذا الدعاء اللهم إني أسألك وأتوجه إليك بنبيك محمد نبي الرحمة إني توجهت بك إلى ربي في حاجتي هذه لتقضى لي اللهم فشفعه في

Tirmidhi relates, through his chain of narrators from 'Uthman ibn Hunayf, that a blind man came to the Prophet (Allah bless him and give him peace) and said,

"I've been afflicted in my eyesight, so please pray to Allah for me." The Prophet (Allah bless him and grant him peace) said: "Go make ablution (wudu), perform two rak'as of prayer, and then say:

"Oh Allah, I ask You and turn to You through my Prophet Muhammad, the Prophet of mercy; O Muhammad (Ya Muhammad), I seek your intercession with my Lord for the return of my eyesight [and in another version: "for my need, that it may be fulfilled. O Allah, grant him intercession for me"]."

The Prophet (Allah bless him and give him peace) added, "And if there is some need, do the same." (in a narration of Tabarani probably)

Answer:
All of the reliable scholars of Islam say that this supplication can be made, just like that blind man did. Objections to that, in contradiction with consensus, was innovated by a deviant influenced by greekish pagan philosophy in the 8th century after the Hijrah only. Such objections should receive no attention.

Abu Adam

Medical Insurance

Question: I am a convert to Islam. I want to know what is the ruling in Islam with regards to going for Medical Insurance. Please clarify.

 

Answer:

Assalaamu^alaykum,

 

I am glad to hear that you have taken this step and embraced Islam. I myself converted to Islam years ago. One of the basic beliefs of Muslims is that Allaah is the Creator of everything, including benefit and harm. This is because nothing can happen without His knowledge and nothing can overpower His Will. It is the only rational belief then, to believe that everything happens according to His Will.

 

In light of that, Muslims are required to rely on Allaah for their needs, and remain firm in knowledge that no one can escape the harm that He has willed, or prevent the benefit that He has specified for a creation. Insurance of any kind is very much contrary to this obligation of relying on Allaah, rather than on worldly promises.

 

One of the wisdoms in insurance being prohibited in Islam then, is that engaging in it prevents one from truly relying on Allaah. There are also other wisdoms that can be understood with some pondering.

 

In any case, with regards to the verdict. It is strictly prohibited to buy insurance in Islam, whether it is for healh or anything else. This is because buying and selling risk is not allowed by consensus of reliable scholars. Bying insurance is buying risk, because you are buying an unknown amount to be delivered at an unknown time in the future. It also involves the contractual condition that you will pay a certain amount of money now in order to get paid more back of the same kind of money if the future accident should require it. This is what is called ribaa in Islam, because it is like interest on loans, and is one of the greatest sins. Hope that helps.

 

Abu Adam

Wiping the neck

Question:

I found the follwing in a article (please tell me whether its true or not what is said in the sources):

 

Wiping the neck during Wudhu is another Bidah

As evidence we have relied on the following Sunni works:

1. Fathul Qadeer, Sharh Hidaya Volume 1 page 31, Dhikr Wudhu

2. au Jaza al Masalik fee Sharh Muwatta Imam Malik Volume 1 page 34

3. Fatawa Qadhi Khan Volume 1 page 17 Dhikr Wudhu

4. Nayl al Authar Volume 1 page 193 Dhikr Wudhu

5. Meezan al Kubra page 228

Fathul Qadeer:

"To wipe one's neck during Wudhu is an act of Bidah"

au Jaza al Masalik

There is no Hadeeth to evidence the wiping of the neck, which is why such an act is

Bidah

Nayl al Authar

"Wiping the neck during Wudhu is neither Wajib nor is it a Sunnah"

Answer: In the Ĥanafiy school wiping the back of the neck is mustahabb, but wiping the front, i.e. the throat is a bidˆah, and thus makruuh.

Re: [fiqh-hanafi:1] halal and haram

Question:

Although the scholars in their majority have said that seafood is allowed as long as it is considered fish, there is a difference of opinion regarding prawns, shrimps etc. I have been approached by a person who said that hanafis are not allowed to eat prawns. is this true?

Answer:
Some scholars considered all seafood halal, since it is mentioned in Qur'aan that the sea's harvest is halal [Suurah Al-Maa'idah 96].

According to Ĥanafiys this is not absolute, but restricted by:
Suurah al-'a3raaf 157 which says we cannot eat kħabaa'itħ, which could perhaps be translated as "vile things". They interpreted this in terms of aquatic animals as "other than fish" (samak). Also, the Prophet (may Allah raise his rank) forbade killing frogs (Ahmad, Al-Bayhaqiy, Abuu Daawuud, etc.), so its forbidden to eat it. Frogs are aquatic animals, and this shows that not all aquatic animals can be eaten. Moreover, he forbade eating what has not been slaughtered except fish and locust (Ahmad, Shaafi3i, Ibn Maajah). Thus aquatic animals other than fish are not allowed to eat - although they are not najis. Non-Hanafiys attacked the above ĥadiitħs; it comes back to the methodological questions of when it is allowed to go by a ĥadiith that has some weaknesses. Ĥanafiys consider ĥadiitħs that have been deemed acceptable by at least one major Hadiitħ Master (Ĥaafiţĥ), as acceptable, provided that the Ĥaafiţĥ is not considered to be easy going in his criticism of narrators. Al-Tirmidħiy is considered easy going, for example, and so is Al-Haakim in his Al-Mustadrak.

Note that a "Ĥanafiy" is a person who has deep and wide knowledge of the school and its evidences. I.e. someone who is convinced that his school is the most likely to be correct. People who are not at that level are simply required to follow a mujtahid, and most of them allowed all seafood, such as shrimp, crab and oyster. 

Question:

2) In sahih muslim i have read that the noble prophet, may Allah raise his rank, said that the use of khamr (a form of alcohol) is not permissible to make vinegar. having considered this the issue of spirit vinegar confuses me. Spirit Vinegar is made by using alcohol to start with and during the process there is a doubt that there is some residual alcohol left. If this is the case then would this form of vinegar as well as any form that used alcoholic drink to start with be considered haram? some scholars have stated that all types of vinegar are permissible. please clarify

Answer:
Vinegar is Ĥalaal, permissible to buy, sell and consume. I don't know of any scholarly disagreement on this issue, except that Al-Sħaafiˆiy had some reservations regarding vinegar that has been made by adding something to wine to make it turn into vinegar.

Question:

3) When a husband and wife have sexual relations, the ejaculated fluid remains inside the wife sometimes for a few hours. during this time is she considered clean (once she has had the obligatory bath)? When she has had the obligatory bath and the fluid is then discharged does she then need to have another bath to cleanse herself?

Answer: If she had an orgasm then she has to repeat the ghusl and the prayer, because the semen will be a mix of his and her semen. If she did not have an orgasm, then it is his semen, not hers, so there is no need to repeat anything.

Question:

4) Could you please clarify the situation regarding the correct pronounciation of the Qur'an during salaat. if the recitation is incorrect will this affect the validity of the salaat. I have been to a few different mosques and have noticed that during the last portion of surah fatiha the imam's either pronounce as

"ghairil maghdhubi alaihim waladh-dhwaaalleen"

or

"ghairil maghzubi alaihim walaz-zwaaalleen"

which of these is correct?  

Answer: I do not fully understand the transcription used above, but there is no "w" sound in "đaalleen". Also if you mean by z in zwaaalleen, the sound z as in "zenith" then this is wrong. Pronouncing "đaalleen" with a w or z as in zenith would invalidate the prayer, because these words are not in the Qur'aan.

Question:

if one stands behind an imam who recites incorrectly is that person's salaat accepted?

Answer: It is invalid if the imam pronounces words that are not in the Quran or that changed the meaning of the Quraan.
 

Re: [fiqh-hanafi:2] Using Fragrance in Ahraam and Halaq in Jeddah

Question:

1. A person used Fragrance (perfume) on his Ahraam for ^Umrah. But later (after coming back from ^Umrah), learnt that it is forbidden to use perfume once in Ahraam. What he should do now?

Answer: He must slaughter a sheep for each separate time he put perfume while in iĥraam. The slaughtering must be made in the Haram area in Makkah, by the person himself, or someone he has appointed to do it for him.

Question:

2. The same person on another occasion after ^Umrah went to Jeddah with Ahraam and got his haircut, then got Halaal (changed his Ahraam). Is this allowed or he should have got his hair cut within the Haram area? If he was incorrect, how to compensate for it?

Answer: He must slaughter a sheep for having cut his hair outside the Ĥaram area. The slaughtering must be made in the Haram area in Makkah, by the person himself, or someone he has appointed to do it for him.

Re: Islam Q

Question:

I was wondering what is the ruling on someone who leaves the Salat? What I'm curious about is that I know many Muslims, including family who have Imaan and are Muslim, believe in Allah, but they never observe the salat. They wouldn't be considered kaffirs, would they?

Answer:
It is not blasphemy if they believe it is a duty. However, if they scoff at it or make fun of it, or shows disrespect to it in any way, then they are not Muslims. This is by consensus. Moreover, many scholars, such as Ahmad ibn Hanbal and some Shaafiˆiys considered leaving one of the 5 prayers out of laziness to be blasphemy ( i.e. even without showing disrespect). This is in disagreement with Abuu Ĥaniifah and the majority of scholars.

Witr questions

Question: :

1. A brother told me that we must recite the last three Suurah of the Qur'aan: Al-Ikħlaaş, Al-Falaq, Al-Naas in the 3th rakˆah of Witr, Does this have an origin?

 

2. Also this brother told me that after the Takbiir for Qunuuţ in the 3th rakˆahs of Witr we must not fold hands but raise them like in duˆaa' and leave them them like that for the duration of the Qunuuţ duˆaa'. He told me that this was related from Abuu Ĥaniifah by his student Abuu Yuusuf (recorded in Al-Ĥaşkafiy, Ibn ˆAabidiin) Is this true?

Answer:
1. You can recite any Suurah after Al-Faatiĥah in all three rakˆahs of Witr Prayer.
2. The Madħhab is to put one's hands like when reciting Al-Faatiĥah in the Prayer. Raising the hands as in duˆaa' is the saying of Abuu Yuusuf and is not the Madħhab.

Re: non verbally dua

Question:

Is it aloud to make the duaa made in various timings (like after salat and other times both with raised hands and without) non verbally i.e. formulating the wished dua (or the authentic duaas from quran and hadith) in ones hearth and saying it in mind and not saying it with tongue.

 

And is this also aloud inside salah (like reading the duaas in tashahhud, sajdah etc)

Answer:
You cannot make dua only in your heart if the dua is prescribed as being stated by the tongue, such as those inside the prayer. They must be loud enough to hear yourself (under normal circumstances of noise and hearing ability). However, if you just want to ask Allah for something, as it occurs to you, you can to this in the heart alone.

Re: Al-Hadiyya al-alaiyya

Question:

what kind book is Al-Hadiyya al-alaiyya of Ibn Abidin son Allaaddin. 

Is it a book with proofs or only a manual of verdicts?

Answer:
It is a textbook for children in fiqh. Its focus is on verdicts.

Re: position of the fingers

Question:

I ask this because i some different pratices;

The first practice i noticed by many people is that:

They raise their indexfinger at ''LAA'' and drop it at ''ILL ALLAH" without making a circle.

The second practice which i saw some people do is that:

On reaching the Shahadah (allaa) they form a circle with the thumb and middle finger and lift the index finger of the right hand and at (illaa) drop it onto the thigh while straightening the hand out immidiatly.

The thirt practice which i saw a very few do is that:

On reaching the Shahadah (allaa) they form a circle with the thumb and middle finger and lift the index finger of the right hand and at (illaa) drop it onto the thigh and maintain the circle and lowered indexfinger (which is still indicating to the qibla) to just before the taslim in prayer.

Please can you give me detailed info about this and tell me what Mulla Ali Qari and Ibn Abidin have stated in their treatises about pointing the indexfinger.

Answer: They both favor the third practice. This is based on what Ibn Aabidiin states in his Haashiyah, and Al-Qaariy in his Sharh Al-Muwatta. Ibn Aabidiin does not mention when to flatten the fist. What is apparent from what Al-Qaariy says is to keep it until after the salaam.

Re: saying: Bi hurmati

Question:

Is it aloud to say in duaa:

"by the sanctity/honor of so-and-so in Your presence" (bi-hurmati / bi-jàhi fulàn).

Like saying ''Bi hurmati nabiyyina Muhammad'' or ''Bi hurmati al Quran''

Are these wording allowed in duaa, please clarify whether these words are proven from hadeeth.

Answer:
It is not allowed to say that someone is in Allah's presence. Presence is a word referring to a place and Allah is not in a place. As for the Arabic "bi hurmati", yes, this is allowed, it could be translated as "by the sanctity of". As for hadith, there is the well known authentic hadith of the blind person which states to say, "bi nabiyyika", which means "by Your Prophet."

Re: sifat question

Question:

Some Ash'aris like Ibn Khafif attribute a Yad to Allah.  He says in al-Aqida al-Sahiha:

I agree that they did not intend by it the literal meaning in the sense of limb that comes first to mind.

But, if some word is mentioned mudaaf to Allah it is not necessarily an attribute and the reason we know this is because of its meaning. Like the case of Naaqat Allah which we say is not an attribute of Allah.

Now bearing that in mind, I presume one can only Attribute a Yad to Allah, if he knows what Yad means. If one does not know what Yad means, then how could he say it is an attribute of Allah, for Yad Allah could easily be the second type of mudaf, like Kab'at Allah?

Answer:

According to Al-Aamidi, in Abkaar Al-Afkaar, the fact that creating Adam is done with Yad as the Aayah states rules out possibilities of Yad meaning here anything other than an attribute of Allah, and he says that there is no undisputable proof to that it does not simply mean the attribute of power.  He adds that the fact that the word is in dual form doesn't matter since Arabs do use such a word both in singular and dual forms to mean power.

He also gives an answer to those who object to this interpretation and argue that saying that it means power makes the statement applicable to all the other creations and doesn't give Adam any special rank. He says that Adam's rank is signified as special by having this statement referring to him in the Quran, even if it, strictly speaking, holds true for other creations as well.

Re: sunnah prayers related to jumuah prayer.

Question:

 I thought always that there are 4 rakats sunnah before and 4 rakats sunnah after the Jumuah prayer. 

Now recently a brother said to me that we must pray 6 rakat sunnah prayer after Jumuah

Answer: 6 rakaat is the saying of Abu Yusuf, not Abu Hanifa.

Question:

It is the practice of many people to pray after the 4 rakat sunnah of jumuah, the zuhr-i ahir prayer (that days zuhr) as a precaution if Jumuah is not valid, and therafter a 2 rakat qaza of missed fajr.

Answer: It is a sunnah to pray Thuhr afterwards if there is a chance that another Jumu^ah prayer in the same city preceded the one oneself participated in. That is, the takbiirah of the Imam preceded. One would only pray Fajr Qadaa if one had missed it. Moreover, praying precautionary Thuhr before the Qadaa of Fajr is invalid in the Hanafi school. One must pray Qadaa first, then the prayer of the time one is in - unless one fears missing it due to lack of time.

A woman who is giving breast milk to her baby, does she need to fast?

Question:

A woman who is giving breast milk to her baby, does she need to fast?

Answer:
If she seriously fears for herself or the baby, she can break fast and make it up later.

Re: tasbihat, dhikr and dua after fard or sunnah?

Question:

 When do i need to read my after salah supplications and invocations in the case when there is a established sunnah prayer after the fard prayer to be prayed like in the case of salatul maghrib? Do i need to read those supplications and invocations after the 3 rakat fard, or after completing the whole magrib prayer (i.e. after the 2 rakat sunnah muakkadah of magrib)? Someone said that Ibn Abidin and Tahtawi said so in their books that delaying a sunnah after fard for making tasbihat, dhikr and dua would be Makruh. But i didnt find any proof from ahadith for this. Rather all the hadeeth what i found in this case all indicate to do the Tasbihat and Dhikr and Dua after fard prayers: Even in one hadeeth it says:

 

Abu Amama (R.A.) narrates from Prophet Mohammad ( S.A.W.) that he Prophet Mohammad (S.A.W.) was asked which dua has the greatest acceptance. To this, he replied that the dua recited in the latter part of the night (Tahajjud time) and after the fard Salaat.
(Tirmidhi)

 

 

Please give me answer as soon as possible, im a little bit confused.

Answer: After the fard prayer means after the Sunnah Raatibah that comes are attached to these prayers. This is because Muslim narrated that Aa'ishah said that the Prophet -may Allaah raise his rank- only sat for the amount of the saying "Astaghfirullah, Astaghfirullah, Astaghfirullah. Allaahumma anta Al-Salaam wa minka Al-Salaam Tabaarakta Yaa Dhaa-l-Jalaali Wa Al-Ikraam."

Re: the word sayyiduna

Question:

I wanted to ask whether the word ''sayyiduna'' has come through hadeeths of durood.As i see many duroods with this word.

Would it be a innovation to add such a word even the meaning is good?

Answer:  You can name the Prophet -may Allaah raise his rank, because he called his grandchild "Sayyid".

Re: dua not from sunnah

Question:

I found this answer on reciting a duaa which is not narrated from sunnah;

We should point out here that many of those whose needs are met when they call upon Allaah (du'aa') or recite such verses, have their needs met because of the humility and need for Allaah that they feel in their hearts, and their sincere turning to Him, not because of the du'aa' that they recited or the du'aa' that they offered beside a grave, and so on.

Shaykh al-Islam Ibn Taymiyah said:

 

The reason why the needs of some of those who offered haraam du'aa's are  met is that one of them may be in desperate need, such that even if a mushrik were in that state, praying beside an idol, he would receive a response, because of his sincere turning to Allaah,

Iqtida' al-Siraat al-Mustaqeem (2/698, 700)

Is this correct?

Answer:
It is self contradictory to say that a mushrik turns sincerely to Allah. Only a mad person would say such a thing.

Weak hadeeth on 4 rak^aat before Jumu^ah Prayer

Question:

I Heard that this hadeeth is extremely weak, and that Nawawi in Hulasa said that 4 weak narrators where together in this hadeeth:

 

Atiyya: Weak bij conencus

Hadjjaas Mudalhis, Muabbashir bin Ubayd: Liars

Bakiyya Ibn Walid: A Mudallis

 

Abdullah Ibn Abbas (Allah have mercy on him), related that, 'The Messenger of Allah (Allah bless him and give him peace) used to pray four rakats before Jumu`ah without separating between them at all.' (narrated in Ibn Majah)

 

Is this true?

Answer: Yes, the many authors state this. However, Al-Haafith Al-^Iraaqiy stated that the hadith has been narrated with an acceptable chain of narrators.

Re: imam changing place afer fard prayer

Question:

  Must the imam change place after the fard prayer if he wants to pray the sunnah? Please give dalil

Answer:

It is Makruuh for him to pray in the same place, because the Prophet ordered to move a little from the place of the Fard. This is more important for the Imam to avoid confusion as to what prayer he is in, but also encouraged for followers.

Re: prayer beads

Question:

Shouldn't we avoid the use prayer beads as the Christians also use a similar prayer beads in the church?

Answer:
No, because great early Muslims also used them. It is mentioned in hadith that a companion used pebbles to count remembrances in front of the Prophet, and he did not forbid it. It is therefore not counted as imitating Christians.

Re: photos

Question:

Is taking photos with a camera haraam or allowed?

Answer:
The Hanafi scholars in Damascus allow photography, unlike painting or drawing images of live beings.

Regarding the Attributes of Allah

A Faqir asked:

shaikh, one of the most common attacks of the pseudo-salafis upon the ash'aris in the West is that they say ash'aris are mu'attila because they affirm only some attributes and reject others which does not agree with their intellect.

they say that if we can accept 'as-sam' and 'al-basar' as "literal" attributes of Allah's Essence bila kayf then what is stopping us from accepting 'wajh', 'yad/yadain', and 'ayn', for example, as being "literal" attributes of Allah's Essence bila kayf. Why not accept them literally bila kayf like we do Irada, sam', basar instead of making ta'wil? How do we answer this ya shaikh?

Answer and comment:
First of all, that does "literal bi laa kayf" mean? This appears self contradictory.

Ash^ariys do not deny any attribute of Allah that has been unequivocally verified as His by the Quran or sound Hadiiths. What the Ash^ariys do not accept is to understand the words referring to Allah's attribute as having the meaning of things that are created. That is, location, direction, weight, volume, length, width, starting, stopping or changing. This is not denial of attributes except according to someone who believes Allah has such attributes. The one that believes that is a Kaafir by the agreement of Abu Hanifa, Maalik, Al-Shaafi^iy and Ahmad.

We do accept to say "yad bilaa kayf". as long as it is understood that there is no kayf, NOT that there is an unknown kayf. Making ta'wiil is only needed if it is to protect people from believing that Allah has limbs. We have not said that one MUST make ta'wiil. The ta'wiil is made to settle doubts and confusion that presents a danger to people's faith. It is to show that phrases that some are mislead by have an acceptable meaning according to the Arabic language. This has been done by virtually all scholars, even Ahmad ibn Hanbal, so what is the problem?

A Faqir asked:

Let me give you another example ya shaikh. Some Wahabis recently translated as statement from imam adh-dhahabi as follows:

"Why do you say: 'A hand in reality is this bodily limb'? Rather, a 'hand' is homonym, and it is in accordance with, and of the same category of what it is attributed to ..... If it were that of which neither there is a like, nor it is a body, the hand would also be that of which neither there is a like, nor it is a body"

Answer and comment: There is nothing that Ash^ariys would disagree with here, except that I cannot see the use of it. Why is he saying "why do you say.."? Is he addressing the anthropomorphists or the Ash^ariys? If the latter, then he is contradicting himself.

A Faqir asked:

He (Al-Dhahabiy) also says: "If it is said: 'In its conventional usage, a hand only refers to the limb that we all know of' We would say in reply: Similarly, in conventional usage, knowledge, hearing and seeing are only accidents that subsist in bodies. Where, then, is the difference?" What would be the reply to this issue ya shaikh?

Comment: This is very silly. While words like knowledge, hearing and seeing can refer to events in bodies, this is not what immediately comes to mind when you hear such words. This is very different from words like Yad, Wajh, etc. because what comes immediately to mind when hearing such words are bodily attributes.

Re: masah over socks

Question: What is the proof that socks allowed for wiping must be solid enough stand by themselves without support, up to the level above the ancle, if left on the floor like shoes?

Answer : What is the proof that they don't? This is the real question. The original order of the Quran is that the feet must be washed. Then it was established that wiping the khuff is allowed by narrations from some 70 companions. Socks are only mentioned in some hadiths describing actions, and are not sayings. There is no hadith saying "wipe on your socks!" that can be generalized. This means that one must take care to ensure that the same circumstances are met, because actions cannot be generalized. At that time (1) they did not have thin socks (2) and their socks were used for travel. Moreover, there is no hardship in removing thin socks. Thin socks are therefore different from several angles, and there is no proof that wiping a this sock is a subsitute for the Quranic order of washing the feet, which must be met.

Interpretation of words refering to Allah's attributes

Question: According to the translator of Fiqh al Akbar, Imam Abu Hanifa writes this passage (Abu Adam: beware that the translation below is weak and dangerously misleading. It is not allowed to translate literally the words refering to Allah's attributes in Arabic that are not obvious in meaning, such as translating "yad" as "hand", etc. This is because the apparent meaning of "hand" is a limb, and it is blasphemy to believe that Allah has limbs. See the answer below for more detail ):

"It cannot be said that His Hand represents His power or His bestowal of bounty, because such an interpretation would require a negation of an attribute."

The question is: Imam Abu Hanifa clearly here states that it cannot be said that His hand represents His power or His bestowal of bounty. So why the Maturidiyyah still say that ''hand'' means ''power''? This goes against the statement of Abu Hanifa, i.e. this is a big contradiction. Can you exlain this contradiction?

Answer: First of all this kind of translation is the work of an irresponsible deviant. How can he translate the arabic "yad" as "hand" in this context, when Abu Hanifa does not accept providing an interpretation? In fact, a couple of pages later he explicitly states that it is not allowed to translate "yad" into Persian, even if if you state immediately after it: "without a modality."

Moreover, the translator's saying "of unknowable modality," is not what it says in Arabic. It says: "without a modality." This is very different. Modality, as stated in Princeton University's Wordnet means: "how something is done or how it happens". According to this definition it is kufr to say about an attribute of Allah that it is of "unknowable modality", because this implies that it does have one, it is just that we do not know it.

The expression translated is "bilaa kayf". Literally it means: "without a how". It does not mean that the how is unknown. It means that there is no how. That is, Allah attributes are not something that has spatial, physical or temporal aspects, ie. shape, form, mode and the like. This is because such aspects are aspects of created attributes. Such attributes need specification, because they have many possible modes, such as: what kind of shape? How tall?  How wide?, How fast? How far? In what direction? At what time? etc. This means that these attributes need a creator to specify them, and cannot be eternal.

Back to your question.... Note that the reason why Abu Hanifa says what he says about "yad" is that saying it means "power" or "bestowal of bounty" does not fit the context it is mentioned in all places. Many of the later followers of Abu Hanifa were compelled to specify interpretations for words that are used to refer to attributes, but do not have an obvious and befitting meaning. One of them is "yad". This compulsion came from the appearance of much deviation and confusion caused by hypocrates, deviants and other enemies of the religion. This meant it was no longer sufficient to say "without modality". It had to be made more clear that these words do not have any sense of their apparent meaning in order to remove doubts and concerns among the general public. So although it is preferred not to specify a meaning, having people falling in kufr is much worse than going ahead with providing acceptable interpretations.

For this reason one finds many scholars doing this. Even Ahmad ibn Hanbal, the most conservative of the four imams did this. He said that "Jaa' Rabbuka", which is translated by blasphemers as. "Allah came", means that Allah's orders came. This saying of his was narrated with a sound chain by Al-Bayhaqiy.

The need for providing acceptable interpretations is especially pressing today, because people are very ignorant and there is big propaganda for the blasphemous beliefs of anthropomorphism. Almost all the money for religious propagation is in the hands of anthropomorphists or those that try to please them.

 

As a sidenote you should know that when it comes to translating words that refer to Allah's attributes, such as ridaa, ghadab, yad, etc. which's literal meaning do not befit the Creator, there is consensus that this cannot be done if the translation is misleading. Almost all authors today commit a big mistake in this area. In Al-Fiqh Al-Akbar itself you will find that Abu Hanifa does not allow that translation of the Arabic "yad", translated by the careless translator as "hand", at all to Persian. He did allow translating some other words, provided that one stated "without a how" with it. At his time, and in Persian, he felt that this was enough to avoid misunderstandings, except in the case of "yad".

Know that the following are the conditions that must be made for translation of Allah's attributes to another language than Arabic:

1.It must be equivalent to an Arabic expression that is permitted to use.
 

For example we do not say that Allah has a "mind" or use the words "intelligent" or "rational" as attributes for Him, because there are no revealed text to indicate the permission.

2.It must have the same meaning as the Arabic expression in the context that it is being used.
 

For example, we should not use the word "anger" as a translation of the word "ghadab" in Arabic, because "anger" is an emotional reaction in English, and is not used otherwise. Emotions are changing states of being, and it is impossible that Allah should change, just as it is impossible that he should react, because reacting is a sign of need. Rather one should translate the meaning of "ghadab" when referring to Allah, which is that the one that has Allah's "ghadab" against him is someone that Allah has willed punishment for.
 

Likewise one must not use the intransitive verb "pleased" for Allah as a translation for "radiya" in Arabic, because the expression "to be pleased" is an emotional reaction. Instead one should use the word reward, which is what the verb radiya means when referring to Allah in Arabic.

3.It must not be confusing or misleading so that a listener or reader may think it means something that is not befitting of the Creator.

 
For example, a word like "wrath" is closer to "ghadab" in Arabic when referring to Allah, than "anger". This is because wrath can mean "punishment." Accordingly, the expression "God's Wrath", could mean: "God's Punishment." There is still, however, the fear of it being misunderstood to mean an emotional state. For that reason, it is safer to use the word "punishment" for the Arabic "ghadab", than wrath.
 

Note that while there are expressions in Quran and Ĥadith that can be easily misunderstood, we are not allowed to come up with misleading expressions of our own.

4.It must not give a sense of being improper or impolite.
 

For example, we do not use an expression like "the Creator of ugliness" in an absolutely way. This is despite the fact that its permission is included in the permission to say "the Creator of All Things". The reason is that it shows poor etiquette when uttered in an absolute way.

5.It must carry a sense of awe and glorification. For example we do not use the word "planter", even though the verb "to plant" is used in Arabic, because the former lacks the sense of awe and glorification.
 

The origin of the above rules is that one cannot say anything about Allah for which there is no permission. The permission is achieved by having a revealed text. The words that refer to attributes in Arabic that some people understand wrongly have permission, but translated words do not. One cannot translate these in a way that does not comply to the above 5 rules, because without these being met, one is saying something about Allah according to what one likes or thinks only, this is either haraam or kufr, not less.

Abu Adam

Re: masah over socks

Question: Is it according to Abu Hanifa and his 2 students Abu Yusuf and Imam Muhammad permissible and valid to wipe over socks (whether they are leather or other material) if they are such that they dont absorb the water? ("absorb" here refers to "immediate absorption") I this is the case: If i have cotton socks and when i do masah over them the water doesnt reach my feetskin immidiatly then is it valid?

Answer: Not only waterproof. They must stand by themselves without support, up to the level above the ancle, if left on the floor like shoes. I.e. "socks" here means shoes made from cloth more or less. Like the shoes that are made from felted whool.

Re: 60 days fasting

Question: What is the proof from Quran or Hadeeth that one must fast 60 days kaffarah if one breaks his fasting? I heard a Imam on TV say that there is no proof from Quran or Hadeeth to support this.

Answer: The atonement is due if the breech of the fast was complete without any mitigating circumstances. In support of this, Al-Bukhaariy related what means that a man came to Prophet Muhammad during Ramadan and said, "O Messenger of Allah, I have been destroyed!" upon which the Prophet –may Allah raise his rank- asked what was the matter and the man said, "I made intercourse with my wife while fasting". The Prophet asked whether he could find a slave to free, but he answered, "No," upon which the Prophet asked, "then are you able to fast two consecutive months?" but again the man, said, "No." The Messenger of Allah then asked what means, "Can you find what feeds sixty poor people?" but the man answered, "No," once again. Upon that the Prophet –may Allah raise his rank-  remained silent for a moment, and in the meantime someone brought him a large vessel with dates. He said, "Where is the one asking?" The man answered, "I <am here>!" The Prophet said, "Take these and give them as alms <sadaqah>!" etc.  

Posision of Hands in Qnut

Question: In the takbir for qunut in witr it is said one should raise his hands in the
manner as raising for dua (thus not like when starting prayer) and reading in this position the qunut.(keeping the hands raised) Is this correct?

Answer: In the Hanafi school one puts one's hands during qunut as one does when reading faatihah: Righ over left below the navel.

Re: the rakaat of nafila

Question: According to Abu Hanifa how many rakat nafila can you pray with one taslim?

Answer: It is makruuh to pray more than 4 rak^ahs with one tasliim.

Re: Bravenet Form Processor Fiqh Q&A

Question:  Do you have to make wudu over if you have alot of mucus(Snot) in your noise and you blow it out?
 

Answer: No.

Re: Bravenet Form Processor Fiqh Q&A

Question: If one's saliva becomes thick while fasting, does it break fast to swallow it?  What if you cough up phlegm and swallow it?  What if you have chronic mucous in your throat, does swallowing it break fast?  Lastly, if mucous flows down the back of your throat persistently, do you have to constantly intercept it and spit it out, or can you swallow it?

Answer: It does not break the fast to swallow spit or phlegm as long as it was not from outside the mouth. As long as it remained in the mouth and was swallowed, it does not harm the fast. If someone had spit outside the mouth, then brought it into the mouth and swallowed it, however, it would break the fast, like any other substance from outside the mouth.

Zakaat on jewelry and bank deposits.

Question : I have some gold ornaments that are less then nisab, and I have some money deposited in a bank, it is also less then nisab, but in value, together they exceeds nisab. Do I have to pay zakah?

Answer: Yes, when you have the nisaab amount one day, and then still have a nisaab amount one year later, regardless of fluctuations between those two dates, then you must pay 2.5%. 

Reading hadith books 2

Question: i want to purchase the hadith so that i can gothrough it and understand it (inshallah) and want to know what exactly our prophet followed.presently i am in US so which hadith i should i follow. So please reply me a specific name of the book of hadith so that i can buy and read it.

Answer: The study of hadith differs from the study of fiqh. Hadith study focuses mainly on simply narrating what has been narrated, and judging the quality of the chain of narration (weak, hasan, sahiih, etc.) It tells you lnothing about how to understand these hadiths, because for this one needs a comprehensive view of all relevant information from other hadiths, Quran, scholarly sayings, Arabic linguistics, etc. To read hadith books with the purpose of knowing haram and halal by oneself is a gateway to Hell.

Fiqh on the other hand, focuses on the bottom line of what is fard, sunnah, mubaah, haram, etc. based on Hadith, Quran, Ijmaa^ and Qiyaas all at the same time, and in context. One does not learn fiqh by reading hadith books, nor is only likely to know much about proofs simply from reading hadith books; it is a large and intricate subject unlike some people apparently think.

If you simply want to read hadith, then Bukhaariy, Muslim etc. will do. I don't think, however, there are translations out there that are reliable. If you want to know the hadith proofs of the Hanafi school, that is a hadith book with a fiqh perspective, then I don''t know any books except in Arabic. An exception is I have seen a book in English that claims to show the hadith proofs of the Hanafi school with regards to prayer only. Do an internet search and you might find it.

All in all, I am not at all enthusiastic about reading books by oneself, certainly not books of hadith, for it contains much that can be very seriously misunderstood by a lay person. Sometimes the apparent meaning of a hadith with an authentic chain may have an apparent meanin that is impossible, and blasphemy to believe, which means that it is either discarded or given a figurative interpretation, as Al-Khatiib Al-Baghdaadiy and Al-^Uqayliy both stated. These two are imams in hadith knowledge.

One must learn from a qualified teacher that can protect one from such slips. Moreover, I am even less enthusiastic about using translations for such learning. There is very little out there that is any good, and most of it has very serious problems. I have yet to find a so called translation of the Quran that does not have plain blasphemy in it of the anthropomorphist kind. It is also different from the Sunni tradition of learning Arabic to learn the religion beyond the basics. I therefore strongly advice you instead to use your reading time for learning Arabic instead of reading translated books on religion.

Knees of hands first in sujuud

Question: when we are going for sujuud, what should go first? Hands or the knees?

Answer: The knees should touch the floor first.

Which hadeeth are we following or should we follow?

Question: My question is which hadeeth are we following or should we follow?

Anwer: The hadiths we are following are those that the mujtahid judges are the ones to follow. As non-mujtahid's we cannot make religious judgements based on a hadith we know, because we are not qualified to judge its authenticity, whether there is something abbrogated in its meaning, or not, or what the possible meanings are according to the language of the companions of Prophet Muhammad - may Allah raise his rank. It is only allowed to follow a recognized mujtahid. Basically this means today the four founders of the schools of fiqh, because opening to door for others is nothing but opening the doors for hypocrites and deviants to confuse people. This can be seen very clearly today.

Six divorces in one sitting

Someone asked: if a husband says from me i give you talaq 6 times in one sitting and the woman is on her menses is this irrecovable divorce? husband has been to shariah council who say this is only one talaq is this true this happend last year they are still living as husband and wife according to this fatwa we are from hanafi madhab no other family member agrees to this are the husband and wife right?

Answer: This is irrevocable divorce according to all Sunnis. There is no doubt about this, and whoever tells you otherwise is a deviant. I urge you not to listen to them.

Abu Adam

3 divorces in one and while in menstruation

Question: Is it true as mentioned in Fiqh al-sunna by Saeed Sabiq, p.63, volume 8, that the divorce given to a pregnant woman will be binding according to all jurists except the Hanafis.

Answer: Absolutely not. This is a Satanic lie. Saeed Sabiq is NOT a reliable scholar. There are outrageous and unislamic ideas in his book.

Question: Is it also true that Ibn Taymmiya has proved Imam Hanbali as having retracted from his original position that 3 talaaks given in one statement or in succession in one sitting constitues one talaak only?

Answer: No, he may have attempted to show this, but this would be as a trick in order to become popular among the general population by giving them a claimed way out in this issue. Based on the popularity gained he would teach them his greeko pagan belief system. His books were forbidden in Al-Azhar until the last century. It is only over the last 100 years or so he has been popularized.

Question: Secondly, if a man says three talaaqs to his wife in succession on the belief that this was the correct procedure as when he was a child he was told that that was the CORRECT AND HALAAL way to divorce, without telling him that it was bidda..and this man upon that incorrect understanding divorces his wife by saying three talaaqs in succession in one sitting only to later realise that the advice acted on was unislamic. What is the position?

Answer: It is bid^ah to make 3 divorces in one sitting, but it is valid. I.e. it is sinful and the 3 divorces are valid.

Question: Now he asserts that he would have not divorced his wife but for the haraam advice given to him by his imams and community..and now he regards it as a divorce of incorrect advice by his imams and family. He also divorced his wife while she was 7 months pregnant. The baby has not been born yet. Can he not take his wife back whom he divorced while 7 months pregnant?

Answer: No. As stated above. A divorce is a divorce. You yourself decided to do this, even if it was based on bad advice. You yourself decided to divorce your wife.

The author said : Surely, Allah must annul the consequence of this action since it was all based on haraam advice to begin with?

Answer: So noone is responsible for his actions if it was based on bad advice? Do you think Allah is obligated to annul the consequences of something? Who would be the obligator according to you?

The author said: Is Allah so merciless that He would not forgive and would allow both couples to suffer due to wrong islamic information? Surely, this is not Islam!!

Answer : Is Allah obligated to give you mercy? Again, who would be the obligator according to you? Also, was it not you who divorced her?

As for following the misuidance of others.... the Quran repeatedly blames the non-Muslims for blindly following their fathers and leaders in religious matters. Prophet Muhammad said that there will be a time when there are very few real scholars, so people will go to unqualified people for fatwa, and they will all go astray. Thus it is not an excuse to follow bad advice.

Now that you found out that you had been given wrong information, you should thank Allah for willing this for you, not reject it! You should thank Him for giving you a chance to rectify yourself without Him being obligated to do this.
The author said: If this is Islam then i have choice..either to follow Ibn Taymiyya's advice in this matter based on hadith or to leave islam as i do not wish to be part of a religion which makes a human ....

Answer: You already out of Islam for even considering the option of leaving it. A belief is someone one sticks to and by considering leaving it, one has already left it. You must come back to Islam by uttering the shahaadatayn, intending to become Muslim again and leave this ugly blasphemy that you have made.

Ibn Taimiyyah's saying is not based on hadith. Moreover, there is not much difference between following Ibn Taymiyyah and leaving Islam, because his books are full of blasphemous sayings, such as the claim that the non-Muslims torture in Hell will end, or that Allah has limits.

As a final advice, the fortresses of Islam are the 4 schools of fiqh and the Ash^ariy/ Maturiidiy school in beliefs. These schools preserve the teachings of Islam as the Prophet taught it. To go outside of these is an invitation to disaster.

Abu Adam

Re: Bravenet Form Processor Fiqh Q&

Question: A child who is more than 2.5 years, can any women (who is not mother of that child) breast feed the child?

Answer: No, not even the mother.

Re: FIQH QUESTIONS

Question: Can you explain why it is wrong to take the stronger hadiths in our fiqhi actions compared to what's been set in the madhab? For example I find the evidence from books such as Albani saying Amin out loud, etc.

Answer: It is not that simple. Taking judgements directly from Quran and Hadith is strictly forbidden for other than mujtahids. The strength of a hadith narration is only one consideration a mujtahid takes; he is aware of all the evidences related to the issue and draws his conclusions accordingly. He also meets numerous other criteria, such as intelligence, understanding, ingenuity, piety, language, customs, consensus, etc. In the Hanafi school, going by the hadith with the strongest chain of narration and ignoring others is just about the last resort. The principle is that no haidth is ignored unless there is no other way out.

Question: Is it permissible to pray like a Shafii, but the rest of the dealings of a person be that of a Hanafi?

Answer: According to some scholars, yes.

Question : Can you explain the situations in which one can do talfiq?

Answer: It is allowed to do so if you have some understanding of fiqh such as to avoid breaking consensus (ijmaa^) through the way one mixes. In general, this should only be done when one has great difficulty in following one's own school.

Re: Bravenet Form Processor Fiqh Q&

Question: During sitting between 2 sijdah, when reading tashahud, darud, what will be the position of elbow of arm, it is straight or folded?

Answer: place you fingertips slightly spread at the top of your knees while sitting. Your arms will naturally fall into place.

Re: Bravenet Form Processor Fiqh Q&A

Question:  what is the best time for offering  tahajuud ? how many rakaats have we to pray.i usually pray 4 rakats at 4am .the fajar salaat in our masjid is at 5.20 am . is it ok to pray tahajjud at this time please advise.

Answer: Its best time is the last 3rd of the night. It is 2 rak^ahs or more. Praying at the time you specified is fine. The main thing is that you sleep before it, even if you prayed it before the last 3rd of the night.

Re: order of prayer

Question: Isn't it that once Asr prayer time has begun you can't pray other salaah?

Answer: No, You may pray as much as you like before you pray the Asr prayer itself. However, Asr should not postponed to the time during which the sun becomes easy to look at (the Makruuh time)- during that time only Asr can be prayed validly, and it is makruuh to postpone Asr to that time. Even after Asr you may pray make up prayers, but not nafl prayers, as long as the makruuh time has not entered.

Re: Bravenet Form Processor Fiqh Q&A

Question: I have been given some differing opinions regarding smoking, One person says that it is considered haram and another says that it is makruh e tahrima. Can you clarify this for me?

Answer: Smoking is prohibited if you believe it harms you. Many scholar's consider research on its link to cancer as definite proof that it harms. Others do not and say it depends on what the individual himself thinks, and the ruling would be accordingly. I do not think it is considered less that makruuh tanziihiy by anyone, i.e. that it is better not to smoke.

 

Question: One other question is regarding "sheesha". I don't know whether this is considered halal, if so, what is the difference between sheesha and cigarettes?

 

Answer: Sheesha is the oriental water pipe by which they smoke tobacco in the Middle East.
 

 

Re: differance a mercy?

Question: What is the status of the hadeeth: "Verily You shall open Constantinople. Its leader is good and so is that army."

Answer: It is acceptable (i.e. hasan or sahiih), as stated by Al-Haakim, Al-Dhahabiy and Al-Suyuutiy.

Re: order of prayers

Question: I have to work daily from 8.00 hour until 16.30 hours and i can't make salah on my work, therefore i'm missing the Dhohr salaat which is at 12.45 hours. The Asr salaat is at 15.30 hour and the Magrib at 18.45 hours. In which order do i have to pray?

Answer: You have to observe the order of the prayers by praying Thuhr then Asr and then Maghrib. By missing Thuhr in its time you have committed an enormous sin.

Re: Bravenet Form Processor Fiqh Q&A

Question: I am using a roll on called Dove, which does not contain alcohol, but includes glycerin. Is it halal to use this?

Answer: As long as it does not contain alcohol or other najis substance, you may use it.

Re: index finger

Question: after pointing with the indexfinger when saying laa in ''laa ilaha 'ill-Allah'' and lowering it again when saying "ill" and clasping the rest, do we have to setlle the hand in  flat position again (like before pointing) or do we have to maintain the ring and lowered stretched indexfinger until the end of salah?

Answer: There are different sayings, but what Aliy Al-Qaariy stated was that one keeps the clenched fist, because there is no order to put it back down, and a principle of the religion is to keep things as they are if there is no harm. I would say that another evidence for keeping it is that the general principle of prayer is to remain still. And Allah knows best.

Re: sunnah of private parts

Question: Is it sunnah to cut the foreskin of the private part of a man? Please provide the hadeeth for this.

Answer: It is a sunnah in the Hanafi school. Some scholars said it is waajib.
The hadiths as they might be translated are:
"Circumcision is a sunnah for men and a nobility for women." (Ahmad, Tabaraaniy).
"Five characteristics are of The Way: circumcision, shaving pubic hair, removing armpit hair, cutting nails and trimming the mustache." (Bukhaariy and others).

Question: Is it also sunnah for the private part of a woman? Please provide hadeeth.

Answer: There is no difference of opinion that it is prescribed. Some said it is wajib. The Hanafis said it is "a nobility". I.e. something rewardable and good. The hadiths are immediately above.

Re: Bravenet Form Processor Fiqh Q&A

Question: I am an Indian working in Saudi Arabia, wants to know regarding the Mutual Fund Investment in Saudi Arabia, here Banks have number of Mutual fund Schemes which they says Shariah Compliant Schemes,in their published brochure. What is your opinion in investing such Mutual Fund Schemes in accordance with the Sharia Committe of Saudi Arabia?

Answer: I have not studied these.

 

Question: If a person A having a land but not money to built a house, but his friend B has the money, so person A approches his friend B and asked to invest a sum of 2 lacs money to construct the person A house, further Person A says, i will returned back your money in installmants in 1 or 2 years and as a profit he says take the rent of the One portion of the constructed house till I returned back money(2 lacs). Is this transaction is halal according to shariah?

 

Answer: Not if the "investment" is a loan, because this is a loan on the condition of extra benefits to the lender over and above merely returning the money.

Re: Bravenet Form Processor Fiqh Q&A

Question: I would like to know whether ghusl is required when a woman has a conversation with one's spouse and feels a little bit of sexual arousement that leads to female discharge, but without the occurance of an orgasm. Is ghusl due upon the person?

Answer: If there is no discharge of semen, then there is no ghusl due, only wuduu'.

Re: dua for afiyah

Question: "Allahumme inni as alukel mu'afate fid-dunya wal-ahireti" Is this dua saheeh and where is it recorded?

Answer: I don't know, but if you browse this page you'll find similar ones. In any case, there is nothing wrong with making this dua. The meaning is sound.

Question: Can you please provide more duaas for aafiyah?

Answer: Before bed blow three times in your hands, then read the 3 last suurahs of the Quran into the hands, then blow again 3 times and rub your hands on all of your body, starting with the face and head. Repeat this procedure 3 times before sleeping every day. The Basis for this is mentioned in Al-Adhkaar by Al-Nawawiy.

Re: qunoot nazilah

Question: Please tell me how to perform the qunoot nazilah and please provide a qunoot nazilah dua.

Answer: You make the qunuut as in Witr, except that it is after rukuu^, and only in Fajr prayer, and only behind an Imam (not if praying single). Al-Shaafi^iy says that this qunuut can be made in all 5 prayers.

Re: Bravenet Form Processor Fiqh Q&A

Question: I want to know about Tablighs going out for forty days and four months.  Is this something praiseworthy or as some say that it is a bida and that they are astray? Are they sufis?

Answer : There is nothing wrong with going out to make da^wah. In fact, the more the better. It seems that the forty days and four months thing is simply a suggested period, to help people make a commitment. If that is all it is then this is permitted, just like, say, if someone made up his mind that he wants to pray 10 rak^ah nafl every night, or 12 or 16, it is up to him. I do not know if they consider themselves Sufis. I think you'll find all sorts of people among them. Most of them, as I have observed, do not know enough about fiqh and beliefs to be qualified to go out and make teach people.

Ghusl and shahaadah

Question: What is your comment if someone said, "Once a person believes in the Oneness of Allah and other fundamental aspects of Islam from his heart, he is already a Muslim.To confess and declare the Shahaadah is for others to regard him and treat him as a Muslim. Thus, if he takes a bath, before uttering the shahaadah at all, it is an act of worship as he is already a Muslim by heart."

Answer:  First of all becoming Muslim does not require witnesses. It is enough to declare the shahaadah to oneself by the tongue, loud enough to hear oneself. Before this, one is not considered Muslim - in light of details to be mentioned below.

After this shahaadah, and only after, one may take a bath before declaring one's shahaadah publicly. In fact, what has been narrated in terms of the actions of the shaabah in this regard should be understood as showering after becoming Muslim, by uttering the shahaadah, but before declaring it publically.

In light of this, there is no doubt that if person A came to person B and said, "I want to become Muslim!" and that B told him, "Take a shower first!" then B has committed kufr. That is because A is not Muslim yet, and B is causing him to remain in that state. It is stated explicitly in Hanafi fatwa books that if a person came and said, "I want to become Muslim," and someone told him, "Let's go to scholar 'so and so' to do it!" Then the latter has fallen out of Islam. This is mentioned in 'i^laa' Al-Sunan in the section rejecting the idea that Muhammad Ibn Al-Hasan is the author of Kitab Al-Hiyal. It is also mentioned in Ali Al-Qaariy's explanation of Al-Fiqh Al-Akbar, in the last section that explains what apostacy (falling out of Islam after having been Muslim) is.
 

Belief and Islam
The word "Islam" in Arabic means to declare by the tongue AND believe in one's heart (but there is no need for witnesses). The word "Muslim" comes from "Islam"; one cannot be Muslim without Islam.  

The claim that mere belief makes one a Muslim is wrong. He who said that is confusing between the word "Muslim" and "Mu'min". Some scholar said that a person is called "Mu'min", that is, a "believer", by merely believing and fully accepting the belief of Islam, because this agrees with the linguistic meaning of the word "belief". However, you cannot say he is "Muslim" before he has stated the shahaadatayn or its equivalent, because the Prophet -may Allah raise his rank- was asked by Jibriil about what Islam is and he answered in part, "to testify that there is no god but God, and Muhammad is God's Messenger...." Then he was asked about belief, and he said in part, "To believe...." In other words, there is no Islam without testification, unless there is some excuse, such as being mute.

Moreover, the scholars said that if he believes, and has the opportunity to utter the shahaadatayn (or its equivalent in meaning), then he is still a kaafir if he delays it. This is stated by Qadi ^Ayaad in Al-Shifaa, and Aliy Al-Qaariy said in his explanation of "Al-Fiqh Al-Akbar" that this is the position of Al-Bazdawiy and is the position of the scholars of authentification and verification. It is also plainly stated in the ^Aqiidah of Al-Nasafiy.

As stated by Al-Nawawiy, as mentioned in the Encyclopedia of Fiqh published by the Ministry of Islamic Affairs in Kuwait:
"The Sunni scholars, whether hadith masters, fiqh masters or belief science masters, all agreed that the believer (mu'min) that is judged to be from the people of the Qiblah, and will not be tortured eternally, is only the one that believes firmly, without any doubt,  in Islam, and uttered the two testimonies of faith. If he did only one of the two, then he is not from the people of the Qiblah, unless he was unable to utter them due to a fault in his tongue, or lack of time before death, or the like, for in such a case he would be considered a "believer" ( i.e. Mu'min-translator)." (Note that his saying "lack of time before death" does not mean the point at which the soul is on the way out of the body, for at that stage it is too late, as stated in the Quran. Farao was from those who repented at that stage, but that was too late.)

The actions of the Prophet testify to what has been discussed above, because when a man rode up to him -may Allah raise his rank- in battle and asked, "Do I become Muslim first, or do I fight first." The Prophet said, "Become Muslim, then fight." He did not say, "You are already Muslim!" Apparently then, his mere belief was not enough.

In addition, the Prophet said, "I have been ordered to fight the people until they testify that there is not god but God and they believe in me..." This is part of the hadith, and it shows that before the shahaadatayn is uttered one deserves to be fought by the Prophet! What rational being would go and take a shower while remaining in such a state?

In any case, the issue of whether mere belief in the heart is enough to be called a believer (not Muslim) is a mainly a theoretical issue, because we have no way of knowing this. Only Allah knows the reality of what a person's belief is, and that is why we can only call a Muslim a believer.

This is enough for those Allah has willed guidance for.

And Allah knows best.