THE ROLE OF THE MUSLIM LADY

We need ladies on more than one battle front; their courage, discipline and understanding are crucial in dealing with wayward people in their gender.

[طالبات العلم والداعيات وواجبهن في هذا الوقت]

Female students of knowledge, missionaries and their crucial responsibility in this time

قد يعتري بناتنا واخواتنا الغفلة عن مهمة أضحت ملحة في زماننا .وهي التموضع لشبه النسويات وداعيات هدم الشريعة باسم التحرر والمساواة ، للدفاع عن ثوابت قطعية .فما أحوجنا اليوم بوقوف بناتنا واخواتنا  لاسيما وأنهن أدرى ببنات جنسهن.

Our daughters and sisters have become heedless about their important role in this time facing us. Their role is to act as a bulwark against feminism, transvestitism and the female callers for the destruction of the Revealed Law in the name of liberation and equality.[1] And there is no such time in which we are more in need of our daughters and sisters, especially as they are the most knowledgeable of matters with respect to their gender.[2]

وهذا نداء لكل مسلمة تبادر هي واخواتها بالوقوف بوجه هذه الموجة .ولعمري إن كل كلمة تنطق بها المسلمة لهي أشد على هذه الحركات المشبوهة.

 وأن تدع ما اختلفت فيه الفرق والطوائف فإن الله قد كفاكم بالمتخصصين مؤنة الرد والصبيان.

This is a call to every Muslim woman to prepare, both her and her sisters, to face this challenge head on with a defense. I tell you without a doubt that every word spoken by this diligent Muslim woman will be sterner against these homosexual and feminising movement than any other. And it is high time that these Muslim women get involved and not leave off the battle with these disparate sects and groups. Indeed Allah has sufficed you with a specialisation in this field as you are the safeguards of family and child rearing and you have a special role to play.

كتبه فارس الخزرجي .

As written by the Shaikh, Faaris ibn Faalih Al-Khazraji


[1] And it is crucial for them to gain knowledge of the Revealed Law through living teachers and to learn the compulsory knowledge so that they are a benefit and not a harm. They should do away with the hair, make up and headscarf tutorials and get started with the real knowledge.  

[2] Men can discuss matters that are particular to females but it will not resonate the same as when the ladies address their peers using their language and peculiar things to the gender. There are conversations that happen between the two genders that are not mutually shared with the opposite sex; knowing this, women have a unique rank to be involved in these dialogues and discussions.

IS I`TIKAF OR STANDING GUARD THE MORE REWARDABLE ACTION?

The Shaikh, `Umar Abdur-Rahman Al-Masri (d.1438), may Allah have mercy upon him, inspecting munitions and standing guard during the Great Afghan War with other mujahidin. Although blind from childhood, he was able to assemble, disassemble and reassemble weapons, stand guard and memorise things quickly without the need of reading Braille.

الاعتكاف والرباط أيهما أكثر أجرا ؟

When looking at I`tikaf or Ribat, which is greater in reward?

قال الإمام أحمد بن حنبل – رضي الله عنه – : الخروج الى عبادان (من الثغور) أحب إلي من الاعتكاف، وليس يعدل الجهاد والرباط شيء..

الإنصاف 7/563

The Imam, Ahmad ibn Hanbal,[1] may Allah be pleased with him, remarked, “Heading out to defend or camp at the borders in Jihad[2] is more beloved to me than I`tikaf. There is no one thing among these deeds that equals Jihad and guarding the borders”.[3]

كتبه الشيخ مصطفى حمدو عليان

As mentioned by the Shaikh, Mustafa Hamdu `Ulayyan.


[1] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani. In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. cf.Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17; 58-124

[2] Ar.ribat

[3] Al-Insaf, vol.7, pp.562-563

SUFI BROTHERHOODS, TARIQAHS, LODGES AND TASAWWUF PT.3

fake Sufis rendering obeisance to the leader of a false religion viewed as a god. So who is the god of today’s Sufis? And where did they get this methodology from?

[منهج الحنابلة في التزكية والسلوك]

Methodology of the Hanbalis on the topic of tazkiyyah and suluk

وردت أسئلة كثيرة من طلبة العلم يسألون عن منهج الحنابلة في التزكية والسلوك فهذا جوابنا عن السؤال :

Many questions have been brought forward from students of knowledge inquiring about the methodology of the Hanbalis on the topic of tazkiyyah and suluk. The answer we tender on the topic is as follows:

الحمد لله نقول وبالله التوفيق .

Praise be to Allah and in Allah is the Success, we say the following:

مذهب الحنابلة هو مذهب متكامل شامل ، فكما في أصول الدين والفروع وأصول الفقه سلك مسلك إمامه والذي سلك مسلك من سبقه في ذلك ، فإنه له منهج في السلوك وتزكية النفوس.

The madhhab of the Hanbalis is completion of one’s manner and etiquette in a complete capacity. And the same thing goes for Usul ud-Din,[1] Furu` ud-Din[2]and Usul ul-Fiqh.[3] One upon this way travels the way of his Imam and that which was travelled by those who preceded the student in that regard.

فقد كان إمامنا وهو إمام في الزهد والسلوك والتنسك وبينه وبين أئمة السلوك في زمانه ، يثني أحدهما على الآخر ويؤيد كلامه

So our Imam was indeed an Imam in zuhd and suluk with the fact that he was among the Imams of suluk in his time and he was praised and they praised on another and his speech was strengthened and validated.

ثم سار علماء المذهب بعد ذلك على طريقته ثم طريقة الجنيد ، ثم جاء الهروي رحمه الله فصنف في ذلك كتابه المعروف ( منازل السائرين ) وقد شرحه شمس الدين بكتابه ( مدارج السالكين ).

Then after came the scholars of the madhhab upon his way, then you had the way explained as per the way of Al-Junaid Al-Baghdadi,[4]  may Allah have mercy upon him, after which time came Abu Isma`il Al-Harawi[5] may Allah have mercy upon him. Al-Harawi travelled that same methodology in his well-known book The Guide to the Elevated Stages for those seeking their Lord [6] which was commented upon[7] by the scholar, Shams ud-Din Ibn ul-Qayyim[8] in his work entitled, The Raised Ranks of the Seekers of their Lord.[9]

حتى جاء سيدنا الشيخ الجيلاني رضي الله عنه ثم صنف في هذا الباب مصنفات ، ثم اقتفى علماء المذهب أثره في ذلك فكانوا على طريقته من شيخ المذهب الموفق إلى آل المقادسة ثم آل تيمية ومنهم تقي إلى يومنا هذا فحافظ المذهب على منهجه في السلوك والمصنفات التي يمكن لطالب العلم أن ينتفع منها هي :

And then there came our master, the Shaikh, `Abdul Qadir Al-Jilani,[10]  may Allah be pleased with him, and in this subject he penned a number of works.[11] The scholars of the madhhab subsequently followed his footsteps in that regard and they were upon his way.[12] Those upon his way included people such as the Shaikh of the Madhhab, Muwaffaq ud-Din Ibn Qudamah[13]  and the entire Banu Qudamah clan. Those who succeeded them were the family of Banu Taymiyyah, among them being Taqi ud-Din Ibn Taymiyyah.[14] And this has continued to our day. So the one preserving the way of the madhab, upon his methodology in suluk and the works which make it possible for the student to do so include the following:

كتاب الزهد للإمام احمد رضى الله عنه

Kitab uz-Zuhd by the Imam, Ahmad ibn Hanbal,[15] may Allah be pleased with him.

منازل السائرين للهروي رحمه الله

The Guide to the Elevated Stages for those seeking their Lord by Imam Abu Isma`il Al-Harawi, may Allah have mercy upon him.

فتوح الغيب

Unveilings of the Unseen[16]

جزء السلوك في كتاب ( الغنية لطالبي الحق).

The section on suluk covered in Sufficiency for the Seekers of the Truth[17]

الفتح الرباني

The Victory of Divine Guidance[18]

جلاء الخاطر

Exile of All Notions[19]

الأربعة الأخيرة لسيدنا الشيخ الجبلاني رحمه الله .

As can be seen, these last four texts were by the Shaikh, `Abdul Qadir Al-Jilani,[20] may Allah have mercy upon him.

يمكن لطالب العلم أن يتدرج فيها ، ويروض قلبه وجوارحه على ما يلقى فيها من سير الأئمة الكرام وعذب الكلام في تنقية النفس من الشرور،والآثام .

So it is possible for the student of knowledge to traverse this path using these works, that his heart should be gladdened and that his limbs might be brought into subjection under the methodology travelled by the noble Imams, the sweetness of their speech in purifying the soul from all evil affairs.

والله ولي التوفيق .

And in Allah is the Success.

وكتب فارس بن فالح الخزرجي

As written by the Shaikh, Faaris ibn Faalih Al-Khazraji

5 Safar 1444


[1] These are the i`tiqad or theological matters known of the Religion by necessity

[2] These are the fiqh or legal matters known of the Religion by necessity

[3] These are the principles that scholars of the Revealed Law utilise to come to a ruling in a given matter

[4] 215-298 (AD830-910). He is Abul Qasim Al-Junaid ibn Muhammad ibn Al-Junaid Al-Baghdadi Al-Hanbali. Scholar of high regard and one of the key scholars of Iraq, he was a known preacher of salvation and also insisted on holding leadership accountable, whether they were rulers or scholars. He was famously known to have passed a ruling in favour of the death penalty being exercised against his former student, Mansur Al-Hallaj (244-308 (AD858-922), who called himself ‘The Truth,’ a title that Allah describes Himself with in His Word. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.1, pp.97-99 and Adh-Dhahabi’s Siyar, vol.14, pp.66-70

[5] 396-481 (AD1006-1089). He is Abu Isma`il `Abdullah ibn Muhammad ibn `Ali ibn Muhammad Al-Harawi Al-Ansari. Referred to as Shaikh ul-Islam, the Memoriser, the Commentator, the Preaching Sufi, the Imam of Muslim Orthodoxy in Herat. On account of his great and vast knowledge, he was called the ‘Preacher to the Non-Arabs’. A direct patrilineal descendant of Abu Ayyub Al-Ansari on his father’s side while Pushtun on his matrilineal, he was the first to be referred to by opponents as “Hanbali in creed” while previously it had merely been the creed of the First Three Generations. He left behind some four or more books covering systematic theology, the dangers of neo-Platonist philosophy, speculative theology (Ar.`ilm ul-kalam), biographies of the great Sufis of old, which he wrote in Arabic and Persian. He also translated the Qur’an into Persian and wrote a tafsir on that translation. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.2, pp.212-213 and Ibn Rajab’s Adh-Dhail `ala Tabaqat il-Hanabilah, vol.3, pp. 42-60

[6] Ar.Manazil us-Sa’irin.

[7] Curiously enough, fake Sufis and especially fake Qadiris neither mention this work, its commentary or the other literature that make up the bulwark of this methodology. This should be little surprise as most Sufis today and their puppet masters are liars and imposters in their claims.

[8] 691-751 (AD1292-1350). He is Shams ud-Din Abu `Abdullah Muhammad ibn Abi Bakr ibn Ayyub ibn Sa`d ibn Qayyim Al-Jawziyyah. Born in Damascus and coming from a family of scholars, he studied extensively until he was conferred with the rank of mujtahid murajjih. He is the sole narrator of the opinions and explanations of the rulings given by Taqi ud-Din Ibn Taymiyyah. Although a great peg of knowledge (but not depended upon in the school for ruling), he possessed much of the same types of divergences found in his teacher. Please see Ibn Rajab’s Adh-Dhail, vol.4, pp.368-372.

[9] Ar.Madarij us-Salikin

[10] 470-561 (AD1078-1166). He is Abu Muhammad Muhy ud-Din `Abdul Qadir ibn Abi Musa ibn `Abdullah Al-Jilani Al-Baghdadi. Direct descendant of the Prophet Muhammad, peace and blessings of Allah be upon him, on both his father and his mother’s side, he was one of the premier scholars of his time and one of the greatest saints the Muslim world ever produced. Although an accomplished marja`, his greatest written legacy was ihsan and theology. Please see Ibn Rajab’s Adh-Dhail, vol.3, pp.244-253

[11] None of which are utilised and given chains to from fake Qadiris today, who spend their sweet time lying, sneaking cheating and slithering on their bellies about an Imam, his successors and methodology that they know nothing about, let alone the true knowledge that they are most remote from in every regard.

[12] And this cuts down on the female and prepubescent molestation, pederasty, scheduled orgies, wife, 2nd wife and husband swapping and other matters that are unsurprisingly and glaringly obvious in today’s sufi lodges and tariqahs.

[13] Daqa’iq Uwl in-Nuha Sharh il-Muntaha, vol.2, pp.58-59

[14] 661-728 (AD1263-1328). He is Taqi ud-Din Abul `Abbas Ahmad ibn `Abdul Halim ibn `Abdus-Salam ibn Taymiyyah. Scholar in many disciplines, this particular figure had more than seven foundational issues in which he was divergent from the Orthodox creed. He and his works were corrected by his contemporaries and also most of his students. Please see Ibn Rajab Al-Hanbali’s Adh-Dhail, vol.3, pp.320-335; Al-Makki’s  As-Suhub ul-Wabilah, vol.2, pp.675-680 (Bakr Abu Zaid interpolations)

[15] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani. In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17; 58-124

[16] Ar.Futuh ul-Ghaib

[17] Ar.Al-Ghunyah

[18] Ar.Al-Fath ur-Rabbani

[19] Ar.Jala’ ul-Khatir

[20] To the people that sing homilies, sonnets and mouth colloquies in front of his grave while doing a half tawaf, you should wonder: if he was alive, would he greet you as a fellow believer and bless you or possibly take your life at the most or exile you at the least for some of the innovations and lies you’ve attributed to him?

30 MUHARRAM 1444: A FRESH START AFTER A BUSY 1443

Neither the writer or Morocco, the closest portion of Dar ul-Islam that shares a sky with us, saw the hilal for the month of Safar. Thus Muharram 1444 is 30 days

As-Salaamu `Alaikum wa Rahmatullah,

Greetings to the readers:

We have reached 30 days into the new year of 1444 and we are very joyous at haven’t been given the opportunity by our Lord to see a new year (please be advised this post is late by three days from posting due to other pressing obligations but I still wanted to post this here). I would like to start by thanking the more than 160 followers of the blog that read, commented and gave us a glance in the last 355 lunar days or the last 48 weeks, whichever you prefer!

I cannot fully put into words how happy I am with have been able to share the words of the marja` people in addition to occasionally throwing in some articles from myself. The last year of 1443 had remarkable things happening that I would like to review.

To my great disappointment, I was not able to put up the article on hunting that I desired to upload due to other commitments, but I have redoubled my efforts to do so in this year of 1444 so please keep a careful eye on the blog.

Further to this, I was also unable to do manuscript comparison of the Divine Lightning Arabic manuscripts, thus I reprinted the original in a larger font. Although that has happened, I hope in this year to finish the Arabic/English printing of the text, which will complete all the first addition books and free up time to complete newer projects.

So let’s take a look through 1443…

I was elated to hand over to readers articles that covered statements from the marja` people or their students on topics such as the Ud’hiyyah, du`aa and other acts of noble worship. This year also saw the continued expansion of time wasters debating the legacy of the long-deceased Imam, Taqi ud-Din Ibn Taymiyyah. This sad state of affairs did nothing more than alienate more people from Islam that were already in some sort of spiritual battle with the Shaitan.

And this assisted in the spread of secularism in the aftermath of the intellectual and physical war between Salafiyyah and extremist Ash`aris/AICP/Sufi/Wahhabi in the Levant and Egypt. Secularists in Egypt have been particularly adept at defeating both parties together and spreading their false ideas.

In spite of this, most Muslims, long tired of these debates have stayed well away and focused themselves on the theology of the First Three Generations. This then brought on a discussion on who one might take knowledge from as well as wider benefits taken from the text of Imam Al-Khiraqi.

Fear and Conspiracy Theories

Facemasks in Makkah became a point of discussion and a wise response was given in order to assist believers, some of whom had fallen into conspiracy theories and others who were panicking or unnecessarily afraid. This also lead onto a discussion on conspiracy theories surrounding the c-19 injections and medicine in particular, both interventional and replenishing.

This aside, we were also able to get further spiritual fruit on the infallibility of the prophets, the virtues of Imams Ash-Shafi`ii and Ahmad ibn Hanbal as well as important points on Usul ul-Hadith.

Allah blessed us to discuss food and the rulings around it.

The Qur’an, timewasters and the Creed of the Khalaf

The recitation of the Qur’an through the narratives of Imams Warsh and Qalun was a welcome discussion that many believers knew but the review was still useful in order to reflect along with the sunnah of recitation according to the Quraish.

At some point, the Shaikh, Mustafa Hamdu `Ulayyan, gave a huge exposition including 41 quotes from the leading luminaries of the Ummah regarding Iman in the Names and Attributes of Allah and the emphasis they put upon following the First Three Generations. This gave the readers fresh eyes in considering the oft quoted talking point “The way of the Salaf is safer while the way of the Khalaf is wiser”. Never again will someone see this quote the same way.

A number of rulings taken from `Abdullah Badran were uploaded, spanning subjects such as sawm on the white days, Monday and Thursdays and which has greater rank. Included in this were conversations centred around demonstrations, television and internet use and wider ramifications upon the Muslims.

The Shaikh, `Abdullah Khalaf Ad-Dahayyan, may Allah have mercy upon him, received a much deserved biography along with an outline on his daily worship and written legacy.

Ramadan 1443

When Ramadan 1443 arrived, we were all exhilarated to see the month the Qur’an, the month of sawm. We were blessed to release Imam Abu Muhammad Al-Barbahari’s (d.329), may Allah have mercy upon him, text Exposition of the Sunnah.

Our Ramadan 1443 class: Exposition of the Sunnah

The recordings were a pleasure to have with the gathering of believers that listened in person and online. Other subjects surrounding Ramadan also came up, like I`tikaf, Tahiyyat ul-Masjid, sexual avarice, tawbah, reading from the mushaf in Salat ut-Tarawih, drinking water in Tarawih and much more.

Ramadan 1443 was 29 days and the believers were pleasantly surprised with having discharged the Zakat ul-Fitr and also had the rulings discussing it to hand to obtain greater understanding or even a much needed review for those seeking optional acts of worship.

Allah blessed us to cover the biography of the most voluminous writer of history.

Madhhabists, cursing Sahabah and other bothersome twaddle

Then we saw in this year the Shaikh, Mustafa Hamdu `Ulayyan attempt to bring balance to some students of knowledge who had made madhhab adherence into almost sectarian parties in order to check one’s sunnitude.

And with the democratisation of knowledge comes the tearing down of symbols and people of respect, the first casualties being the prophets and then right after the Companions. We sadly remember the desecration of the graves of Anas ibn Malik and also Hujr ibn `Adi among many others during the liberal democratic march occurring in Dar ul-Islam.

Fake conspiracy theories about c-19 continued to chug on while fake claimants to fiqh hung their shingle out, calling to the gates of the Fire in order that they might be followed by others seeking the same fate.

No qada’ and no holiness

1443 found people still stubbornly clinging to the lazy, arrogant and baseless understanding that one is not dutybound to make up salah missed, even though the Prophet, peace and blessings of Allah be upon him, did so and his Companions, may Allah be pleased with him, did so and commanded others to do so.

Imam Taqi ud-Din Ibn Taymiyyah’s (d.728), may Allah have mercy upon him, ruling continues to be misused even though he had an exalted understanding of the holiness of Allah and those using this did not.

Keep in mind that this ruling is also in contravention to Consensus and thus cannot be obeyed. Put next to that the continuation of the fake Sufi lodges, false mujtahids and other tragedies and you have a disaster waiting to happen.

In spite of this, we still have every age being populated with people of Ijtihad, good texts for grounding in fiqh, the extent of what the prohibition on blood consumption entails, fatawa using the strongest rulings in each school and so many other things.

Now picture this…

In this year of 1444, we now hope to cover a lot of ground. It is our firm intention to publish seven books (Allah! Make it so!), complete all the second edition works needed for publishing, use my team to streamline publishing and books and also to record more online classes (in that order!). In addition, we hope to present more documentation against sectarianism, articles on Usul ul-Fiqh, the long awaited details on hunting, gaining knowledge vs. education, a history of medicine and vitamins in the Muslim world, how one might handle misfortunes and a good collection of biographies and much, much more, if Allah wills.

This year may be one of my busiest but also my most fruitful. It is our sincere hope and desire that Allah will give His Support to these intentions, bless the previous year and allow all the readers to take something away from this blog and all the resources offered.

And with Allah is every success.

Until next time,

Al-Hajj Abu Ja`far Al-Hanbali  

THERE IS NO AGE DEVOID OF A MUJTAHID

The Faqih, Mustafa Hamdu `Ulayyan

في الاجتهاد:

On the topic of Ijtihad in every age

ذهب الجمهور إلى جواز خلو العصر من مجتهد مطلق أو منتسب، وقال الحنابلة ووافقهم الأستاذ أبو إسحاق من الشافعية والقاضي عبد الوهاب من المالكية وغيرهم: بعدم جوازه.

The vast majority hold the position that it is possible for an era to be devoid of an absolute mujtahid or mujtahid inside the madhhab. And this was said by the Hanbalis, agreed with by Abu Ishaq from the Shafi`iis. Al-Qadi `Abdul Wahhab from the Malikis and others say that it is not possible. 

والخلاف بينهم غير حقيقي فإن الجمهور أرادوا الجواز العقلي ، والحنابلة أرادوا الجواز الشرعي فلا يجوز شرعا خلو عصر من فقيه يجيب عن النوازل ويحل المعضلات؛ لأن هذا من فروض الكفايات.

The difference of opinion between them is no difference at all in reality. Indeed the vast majority intend by saying it is possible in the intellectual or theoretical sense while the Hanbalis are referring to the real sense and in the Revealed Law. So it is not permitted according to the Revealed Law to have an era is devoid of a faqih to answer affairs regarding new tribulations and lift doubtful or detailed matters that have occurred.

وشذ الشيعة الإمامية فقالوا بعدم إمكان خلو الأرض من حجة قائمة وبنوا على ذلك نظريتهم في الإمامة وغيبة المعصوم..

The Imami Shi`ah are divergent in their view when they say, “It is not possible that the Earth be devoid of a Hujjah and Establisher of Justice and Truth”. Keep in mind they have built this understanding upon their theory about Imamah and occultation of the Infallible Imam.

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan

FATWA USING NARRATIVES AND STRONG STATEMENTS WITHIN A SCHOOL AND NOT THE WEAK OR DIVERGENT

The Imam, Salih Ash-Shami

الإفتاء بالأقوال والروايات القوية داخل المذهب:

Giving fatwa with strong and well-established narratives within the School

الحنابلة يُجوِّزون الإفتاء بالأقوال والروايات القوية داخل المذهب ولكنهم لا يجوزون الإفتاء بغير المذهب بخلاف الشافعية في الأمرين..

The Hanbali scholars have given allowance go giving fatwa with strong and well-established statements and narratives[1] within the School but they do not allow giving fatwa outside of that point[2] which is opposite to the Shafi`iis according to two statements on the topic.[3]

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] What this indicates is that one may not give rulings or build rulings on top of rulings, statements or narratives that have been found by the School to be weak, divergent or unaccounted for, which accomplishes the following: (1) minimising mistakes that may happen in ijtihad, (2) ensuring that the rulings or analogies are built upon well researched, strong and well-established rulings rather than divergent ones that could have unforeseen consequences and (3) minimising the unforeseen consequences that come from giving mistaken rulings and what comes from that.

[2] This means talfiq is mostly rejected, for the following reasons: (1) it encourages scholars within the School that have reached the level of mujtahid to make ijtihad, (2) it minimises building weak rulings on top of statements from another School that might have been deemed weak or divergent (by the researchers of the said School), which could have unforeseen circumstances and (3) it minimises unmitigated use of analogy when there is a weak hadith that might be adapted on the topic and thus render the ijtihad that would render that ruling unnecessary.

[3] This refers to the fact that they have two discussions on the matter.

EATING BLOOD, EXPOSURE TO IT AND THE RULINGS

An example of the Egyptian fesikh fish, a permitted form of blood to consume.

أكل دم السمك (والفسيخ) جائز عند الحنابلة خلافا لجمهور الشافعية والمالكية:

Eating the blood of fish fasikh[1] and is permitted in the Hanbali School, which is the opposite of the majority of the Shafi`ii and Maliki Schools.

قال الإمام ابن مُفْلِح في الفروع : “ودَمُ السَّمَك طاهِر -في الأصحِّ- ويؤْكَل”.

The Imam, Shams ud-Din Ibn Muflih Al-Maqdisi,[2]  may Allah have mercy upon him, said in The Branches:[3] “The blood of fish is tahir and may be eaten according to the most authentic position of the School”.

وقال العلامة منصور البُهُوتٍي في كشاف القناع 6/228 : “ودمُ السمك طاهر مأكول كمَيْتَتِهِ”.

The senior scholar, Mansur Al-Buhuti,[4] may Allah have mercy upon him, said in Bringing to Light the Satisfaction:[5] “The blood of fish is pure and may be consumed just like its meat”.[6]

وقال الإمام المنقح العلاء المرداوي في الإنصاف 1/ 327 :”في الدماء الطاهرة المختلف فيها والمتفق عليها.

The author of Critical Revision,[7] Imam `Ala’ ud-Din Al-Mardawi,[8]  may Allah have mercy upon him, said in The Equity:[9] “There are certain types of blood that are pure and differed in and some that are agreed upon. Examples of this include the following:

منها: دم عروق المأكول طاهر على الصحيح من المذهب. ولو ظهرت حمرته نص عليه، وهو الصحيح من المذهب، وهو من المفردات، لأن العروق لا تنفك عنه. فيسقط حكمه؛ لأنه ضرورة…

(1) the blood in the veins of meat permitted for consumption.[10] This is pure according to the authentic ruling of the School. And if there is any redness present,[11] it is still pure as explicitly stated by the Imam, Ahmad ibn Hanbal[12] and it is the authentic position of the School and one of its peculiarities. This is because the veins are not completely flushed of blood and thus the ruling is lifted on the matter due to the dire necessity.[13]  

ومنها: دم السمك، وهو طاهر على الصحيح من المذهب، وعليه الأصحاب، ويؤكل..

(2) the blood of fish. This is pure and may be eaten according to the authentic position of the School and upon this are all the Companions of the School.

ومنها: دم البق والقمل والبراغيث، والذباب، ونحوها  -من كل ما لا نفس له سائلة- وهو طاهر على الصحيح من المذهب.

(3) the blood of the chinch, lice, flea, flies and the like.[14] This includes anything that does not have blood circulating.[15] This is tahir according to the authentic position of the School.

ومنها: دم الشهيد، وهو طاهر على الصحيح “مادام عليه

(4) the blood of the martyr. This blood is also pure as is the authentic position of the School and this is so long as the blood remains upon his person.[16]

ومنها: الكبد والطحال. وهما دمان. ولا خلاف في طهارتهما.

(5) liver and spleen. these are both a type of blood and there is no difference of opinion about their being pure.[17]

ومنها: المسك -وفأرته والعنبر-. واختلف مم هو؟ فالصحيح: أنه سرة الغزال. وقيل: هو من دابة في البحر لها أنياب…

(6) musk, the mouse it is taken from and ambar. There is a dispute about its ruling built upon what it is. The authentic position is that this musk is coming from the umbilical cord of the gazelle. Others have said it is a also a creature in the sea bearing fangs.[18]

ومنها: العلقة التي يخلق منها الآدمي، أو حيوان طاهر. وهي طاهرة على أحد الوجهين..” اهـ بتصرف.

(7) the blood clot. And it is from this that the human being and many an animal are created and it is pure and remains upon purity[19] according to one of the two rulings.[20]

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] This is a type of saltfish eaten by Egyptians during the Sham en-Nassem festival.

[2] d.762 (AD1365). He is Shams ud-Din Abu `Abdillah Muhammad ibn Muflih ibn Muhammad ibn Mufarrij Al-Maqdisi Ar-Ramini As-Salihi. Universally known as Imam Ibn Muflih, he is the author of classic texts such as Al-Furu`: Sharh ul-Muqni`, Al-Adab ush-Shar`iyyah wal-Minah ul-Mar`iyyah and a number of other works. Known for his knowledge, he was marja` of his time and one of the authorised commentators on the works of Imam Muwaffaq ud-Din Ibn Qudamah. Please see Al-Makki’s As-Suhub ul-Wabilah, vol.3, pp.1089-1093 

[3] Ar.Al-Furu`

[4] d.1051 (AD1656). He is Abus-Sa`adat Mansur ibn Yunus ibn Salah ud-Din ibn Hasan ibn Ahmad ibn `Ali Al-Buhuti. Egyptian marja` and one of the depended upon sources in the Hanbali School in the later age, he studied with premier scholars of Sham, such as Imams Yahya Al-Hajjawi and others. He became the leading Hanbali scholar in Egypt, even outranking the senior Subki, Futuhi and Sa`di families in importance. He wrote five large works in fiqh and smaller texts on selected topics. The Imam, Sulaiman ibn `Ali (d.1079 (AD1674), when he learned that Al-Buhuti had penned his fiqh text, Ar-Rawd ul-Murbi`, burned his own text and told all his students in Najd to follow the Imam. Please see Al-Makki’s As-Suhub ul-Wabilah, pp.472-474

[5] Ar.Kash-shaf ul-Qina` `an Matan il-Iqna`

[6] Kash-shaf ul-Qina`, vol.6, p.228

[7] Ar.At-Tanqih

[8] 820-885 (AD1417-1480). He is `Ala’ ud-Din Abul Hasan `Ali ibn Sulaiman ibn Ahmad ibn Muhammad Al-Mardawi As-Sa`di As-Salihi. Judge, jurist, historian and grammarian, he was known for writing books on the narrations and debates within the Hanbali School. He organised the arguments under chapter headings, then acted as chief judge for most of his later life until his death. He wrote more than 20 books and was a mujtahid murajjih. Please see Ash-Shatti’s Mukhtasar, pp.76-81

[9] Ar.Al-Insaf

[10] This discusses the permitted cattle for consumption.

[11] The redness left may be some small traces of blood that were not flushed from the veins as the veins closed not long after the slaughtering. This sometimes happens with a few veins and is unavoidable and unintentional. This is not the same as what is happening where you have some Muslims butchers (1) improperly slaughtering meat and not flushing out the blood properly, (2) stun meat or slaughter it in an impermissible way, then freeze the meat and upon thawing it out it is still blood red as a huge amount of blood congealed during the impermissible slaughtering process. The properly slaughtered meat will be grey/red in colour with some flecks of red but some butchers are so duplicitous that the meat will be blood red. This is the case as there are still non-negligible amounts of blood in the meat. And there is no might or power but in Allah.

[12] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani. In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. cf.As-Sa`di’s Al-Jawhar ul-Muhassal, pp.5-17;58-124

[13] Thus one would not be counted as eating meat found dead (Ar.maitah) if this happened as the amount is negligible, unavoidable and one is not held to account.

[14] This ruling is not to do with eating this blood but rather the blood and whether or not it is tahir.

[15] This is because these insects do not have circulatory systems the same as human beings.

[16] This ruling is not to do with eating this blood but exposure to it and what that entails regarding rulings around taharah.

[17] This ruling refers to it being both pure and permitted for consumption.

[18] This is because musk comes from many different sources. The point is that all of these sources are tahir and thus wearing musk and using it is fragrance is permitted as the substance is pure.

[19] This ruling is not to do with eating this blood but exposure to it and what that entails regarding rulings around taharah.

[20] Al-Insaf, vol.1, p.327

SUFI BROTHERHOODS, TARIQAHS, LODGES AND TASAWWUF pt.2

This strange and grotesque form of religion is increasingly being marketed to Islam as some sort of valid expression of Islam and Tasawwuf.

The following query was sent to a marja`:

ما رأيكم يا مولانا في الطرق بفروعها في مصر مثل العشيرة المحمدية والجعفرية والنقشبندية الكردية والجودية والخلوتية والبرهانية والأحمدية وغيرها هل تزكي السلوك على إحداها ومتى يكون ذلك؟؟ أثنا الطلب أم بعده أرجو الإفادة.

Our teacher, what is your statement regarding the Sufi Tariqahs and their branches in Egypt, such as Al-`Ishirah Al-Muhammadiyyah, Al-Ja`fariyyah, An-Naqshabandiyyah Al-Kurdiyyah, Al-Judiyyah, Al-Khalwatiyyah, Al-Burhaniyyah, Al-Ahmadiyyah and others besides that? Is the way of suluk mandated upon one of them and when was that inaugurated? Does one seek out one of these at the beginning of the studies or afterward? I am just trying to get some benefit in this regard.

Imam Muhammad As-Sayyid[1] said the following:

تصوف سيد الطائفة الجنيد وتصوف سيدي عبد القادر الجيلاني ومن سار على دربهنا هذا هو الممدوح وهو سنة الحبيب صلى الله عليه وآله وسلم وقد قال الشيخ زروق انقطعت التربية  بالإصطلاح ولم يبق إلا الإفادة، بالهمة والحال

The Tasawwuf upon the way of the master of the way, As-Sayyid Al-Junaid Al-Baghdadi[2] and the Sayyid, `Abdul Qadir Al-Jilani[3] and whoever travelled the way of these two is indeed praiseworthy and the Sunnah of the Beloved One, peace and blessings of Allah be upon him, his family and followers. The Shaikh, Ahmad Zarruq mentioned that these ways of tarbiyyah were ceased by self-rectification and nothing remains but aspiration and the states of the heart.[4]

فعليكم بالكتاب والسنة دون زيادة ونقصان، أما الآن فكثير من الطرق إما دجاجلة وإما جهال لا يعرفون ما السنة وإن كان أهل الله لا يخلو منهم زمان فإن وجت واحدًا من أولئك فالزمه حتى يفتح عليك وإلا فأكثر من الصلاة على سيد الخلق صلى الله عليه وآله وسلم

You are thus to hold to the Book and the Sunnah without addition or subtraction. As for this era, many of these tariqahs are dajjals, ignorant without knowing what the Sunnah is. And the People of Allah are present and no age is absent of them. And if you find one of these, then cling to him until the benefit results. And if you do not find one of them in your area, then send abundant peace and blessings upon the Master of the Creation, peace and blessings of Allah be upon him, his family and followers.

Fatwa taken: 20 Dhul Hijjah 1443


[1] He is the Imam of the Hanbalis at Al-Azhar

[2] 221-298 (AD835-910). He is Abul-Qasim Al-Junaid ibn Muhammad Al-Khazzaz Al-Qawariri. Hailing from Nahawand in today’s Kurdistan, this Baghdad born luminary was a scholar of high regard and one of the key scholars of Iraq, preacher of salvation and missionary. He was known to have passed the ruling in favour of the death penalty being exercised against Mansur Al-Hallaj (d.309 (AD922), who called himself ‘The Truth’, a title with which Allah describes Himself in His Word. Please see Az-Zirkili’s Al-A`lam, vol.2, pp.119-121; vol.2, pp.258-260.

[3] 470-561 (AD1078-1166). He is Abu Muhammad Muhy ud-Din `Abdul Qadir ibn Abi Musa ibn `Abdullah Al-Jilani Al-Baghdadi. Direct descendant of the Prophet Muhammad, peace and blessings of Allah be upon him, on both his father and his mother’s side, he was one of the premier scholars of his time and one of the greatest saints the Muslim world ever produced. Although an accomplished marja`, his greatest written legacy was ihsan and theology. Please see Ibn Rajab’s Adh-Dhail, vol.3, pp.244-253

[4] And this runs in line with what was said by the late Imam, `Abdul Qadir Ibn Badran (d.1346), may Allah have mercy upon him, in showing that these are little more than places for freemasons, sexual deviants, perverts, cultists, effeminate thrill seekers and men that would nullify the very doctrines of our theology and jihad. And these movement have been swept away in every era by the renewers, quality checkers and researchers. And now we ask again that they swept away again by those same people and if not, then by the Mahdi to come in the same capacity as we done by the first Mahdi, peace be upon all of them.

GOOD TEXTS FOR GROUNDING IN FIQH AND THE STUDENT’S GUIDE

The Shaikh, Abdullah ibn Ahmad Al-Maqdisi’s (d.1091), may Allah have mercy upon him, Sharh Dalil it-Talib

السلام عليكم ورحمة الله،

As-Salaamu `Alaikum wa Rahmatullah,

للشيخ محمد السيد، أوّلًا أنا أحبكم في الله لأنكم وأتقرب إلى الله بحبكم لكن لدي أكثر من سؤال الأول: أنا أدرس متن دليل الطالب عند شيخ، هل أقرأ في حاشية ابن عوض أو في نيل المارب مع حاشية اللبدي،

This is a message for the Shaikh, Muhammad As-Sayyid. Firstly, I would like to say that I love you for the Sake of Allah and I use my love of you as a means of gaining nearness to Allah.[1] I have just a few questions to ask. Firstly, I am learning the text of the Student’s Guide[2] from a shaikh. Shall I read the Cliffnotes[3] of Imam Ibn `Awad [4] or Obtainment of the Long-Term Objective[5] by Imam At-Taghlabi [6] with Cliffnotes of Al-Lubadi? [7]

ثانيًا: كما تعلم في المذهب التفويض هو المشهور ولكنني سمعت من أحدهم أن إثبات المعنى وجه معتبر ومشهور.

Secondly, you know that this way of ours is one of tafwid and it is well-known and clear but I have heard someone from the people saying that affirming the meaning of the attribute of Face is obvious and all people know that. Where does the truth lie in the matter? [8]

قال الشيخ محمد السيد الحنبلي الأزهري: أحبك الذي أحببتني فيه،   اقرأن النيل، أما اللبدي فله اعتراضات كثير منها منقوض، حاشية المقدسي جميلة وكذلك ابن عوض فطالعهما.

The Shaikh, Muhammad As-Sayyid Al-Hanbali Al-Azhari has said the following: “I love you for the sake of the One that caused you to love me. You should read Obtainment of the Long-Term Objective by At-Taghlabi. In terms of Imam Al-Lubadi, he has many contradictory rulings, many of them not accepted.[9] The Cliffnotes of Al-Maqdisi[10] are very good and likewise so is Ibn `Awad so make sure to review and go over and utilise both”.

Fatwa taken: 30 Shawwal 1443


[1] This is something that someone should not mention openly and directly to someone due to fear of what might enter into the individual’s heart that hears it. It is for this reason that in answering the question, the Shaikh almost completely avoided this part.

[2] Ar.Dalil ut-Talib

[3] Ar.hashiyah. Imam Ibn Manzur defined this, “So the hashiyah of anything is what is put on the side or end of something as a divider”. cf.Lisan ul-`Arab, vol14, pp.223-224. The translator chose the word “cliffnotes” as the closest English equivalent as the definition of them is “A summary of a much longer work designed to allow a student to quickly learn the key points of the longer work”. This was named after Clifton Keith Hillegas (AD1918-2001), a scholar of geology and physics from Lincoln, Nebraska in the United States. Please see Wuthering Heights: Notes for Private Study.

[4] d.1101 (AD1690). He is Ahmad ibn Muhammad ibn `Awad Al-Mardawi. Palestinian authority and sage, he was a main student of Imams Muhammad Al-Khalwati (d.1088 (AD1675) and `Uthman An-Najdi (d.1097 (AD1686). He wrote a number of works but his most popular was his Cliffnotes on the Student’s Guide. cf.Al-Makki’s As-Suhub ul-Wabilah, pp.99-100

[5] Ar.Nail ul-Maarib. This is a very brief commentary on the Student’s Guide. Al-Azhar has created a three-volume series that was used by the faqih, Sa`d An-Najjar to teach an online and in-person series of lessons.

[6] 1030-1135 (AD1634-1739). He is Abut-Tuqa `Abdul Qadir ibn `Umar ibn Abi Taghlab At-Taghlibi Ash-Shaibani. Born in Damascus, this authority and specialist was well grounded in math, fiqh, hadith, usul ul-fiqh, grammar and more. His teachers include Imams Muhammad Abul Mawahib (d.1126 (AD1767), Al-Balbani (d.1083 (AD1687) and others. He left behind a large body of able and elite students, the most famous of which being the Imam, Muhammad ibn Ahmad As-Saffarini (d.1189 (AD1775). His two written works are his small commentary on the Student’s Guide and a selection of tafsir notes. cf.Al-Makki’s As-Suhub ul-Wabilah, pp.230-232

[7] 1262-1319 (AD1851-1900). He is `Abdul Ghani ibn Yasin ibn Mahmud ibn Yasin ibn Taha ibn Ahmad Al-Labadi An-Nabulsi. Palestinian authority, theologian and poet, he took from the premier scholars of his time such as his father and the Imams `Abdullah Sufan Al-Qaddumi (d.1331 (AD1912) and Yusuf Al-Barqawi (d.1321 (AD1902). He also witnessed the Stern Gang and militant kibbutzim that would later erect the modern state of Israel. He left behind two large books and written rulings on various topics and particularly modern topics that are just as relevant today as they had been at the time. Please see Ash-Shatti’s Mukhtasar, pp.209-210

[8] Notice that the Shaikh did not answer this question. This is a common method used when either (1) it is known that no benefit would come in answering the said question at that time or (2) the answer has been given so many times that the inquirer needs to refer back to that.

[9] This is to do with his many ijtihad points in that text. So one should not be reading that as a primer but rather comparative. The primer texts establish what is the depended upon rulings while the others, such as Al-Lubadi, give additional statements, manuscript comparison and contemporary problems and matters.

[10] d.1091 (AD1695). He is `Abdullah ibn Ahmad ibn Yahya ibn Yusuf Al-Karmi Al-Maqdisi. Faqih, astronomer, mathematician and specialist in inheritance, he is a relative of the Imam, Mar`ii ibn Yusuf Al-Karmi (d.1033 (AD1637). He left behind three books, a commentary on the Student’s Guide and two others connected to astronomy, in particular study of the constellations and the influence it has on time keeping and the length of the night. cf.Al-Ghazzi’s An-Na`t ul-Akmal, pp.254-255

TELEVISION, INTERNET AND MOBILE/CELLPHONE USAGE AND UTILISATION

Examples of technology such as the desktop computer, smartphone or even the monitor being used in the capacity of a television. The ruling on this is important and useful to understand.

السلام عليكم ورحمة الله، يا شيخنا، هذا أخوك في الإسلام أبو جعفر حسن الحنبلي. أنا عندي سؤالان.

As-Salaamu `Alaikum wa Rahmatullah, our Shaikh! This is your brother in Islam, Abu Ja`far Hasan Al-Hanbali contacting you. I have two questions that I would like to ask.

وعليكم السلام

Shaikh `Abdullah Badran: Wa `Alaikum us-Salaam.

السؤال الأول: ما هو قول شيوخنا وعلمائنا في مسألة مشاهدة التلفاز.سمعنا من جدال و مراء بين إخواننا في هذا الأمر. فلبعضهم قالوا مشاهدة التلفاز حرام فمطلقًا لأنه يضل الناس عن ذكر الله فيوجد الصور والكلام فاحشة التي يشاهدون الناس بلا إرادتهم فيجب عليهم أن يجتنب هذا ليحفظ دينهم وآدابهم.

Question 1: What is the statement of our shaikhs and senior scholars on the issue of watching television? We have heard disputing and among our brothers in this affair.[1] So some of them have said, “Watching television is unrestrictedly impermissible as it leads people astray and away from the Remembrance of Allah! There are also present images and bad and obscene speech which the people watch even if they don’t intend on seeing or hearing it. So it is thus compulsory for them to avoid this act in order to safeguard their religion and manners”.[2]

فقال طائف آخر أن مشاهدة التلفاز جائز فمطلقًا لأن الشاهد يقدر أن يحول بين البرنامج وليست كل برنامج حرام على تلفاز.فما قول شيوخنا في هذا الأمر. فهل يوجد قول من الوالد السعيد حفظه الله في هذه المسألة؟

Another group has said, “Watching television is permitted unrestrictedly as the watcher is able to move between programmes and not all programming on television is impermissible”.[3] So what is the statement of our scholars in this matter? And in addition to this, is there a statement from the Fortunate Father,[4] may Allah preserve him, on this issue?

السؤال الثاني: ما قول شيوخنا وعلمائنا في مشاهدة البرنامج والمواقع في الانترنت؟ فهل يوجد قول من الوالد السعيد حفظه الله تعالى في المسألة كذلك؟

Question 2: What is the statement of our shaikhs and senior scholars regarding looking at programmes and websites on the internet? [5] And is there a statement from the Fortunate Father, may Allah – Exalted be He – preserve him, have a statement on this issue as well?

هذا الموضوع حصل فيه جدال واسع جدا مثل التلفاز والموبايل والالعاب الالكترونية ولكن كلها تلهي عن ذكر الله ولكن في وقتنا هذا أصبحت شيء من الضرورة مثلا الان انت تتواصل معي بهذه الوسيلة

Shaikh `Abdullah Badran: This subject has led to a great amount of difference of opinion and debate amongst the scholars.[6] And this difference and debate has centred around the issues of things like watching television, mobile phone usage, playing online games and so forth;[7] understand that all of these things distract from the Remembrance of Allah[8] but in this time of ours, some of these things[9] have become dire necessary,[10] for example look at the fact that you’re actually corresponding with me using the internet![11]

نعم، مفهوم.

Abu Ja`far Hasan Al-Hanbali:Yes, indeed that is the case.

الوالد حفظه الله كان يشاهد التلفاز ولكن بعد اداء عباداته كلها ولا يشاهد غير الاخبار والدروس والاشياء التعليمية

Shaikh `Abdullah Badran: As for my father, may Allah preserve him, he used to regularly watch television; but this was after discharging all of his worship[12] while he didn’t watch things besides news, different types of dars and programmes centred around learning knowledge.[13]

نعم، هذا أحسن.

Abu Ja`far Hasan Al-Hanbali:Ah, yes. That is indeed best, a very good answer.

الان بوقتنا هذا اصبحت هذه الاشياء من ضرورة الحياة الدنيا ولكن مع مراعات العبادة وعدم التلهي بها

Shaikh `Abdullah Badran: Now in this time of ours, some of these things have become a mainstay and necessity for life but one can use them while maintaining the responsibilities of worship and not allowing them to distract him from worship.

فالحكم في هذا الأمر تعلق بالشخص والحال (يعني باطنه ونيته) وما هو يشاهد؟

Abu Ja`far Hasan Al-Hanbali:So then the ruling in this matter is connected to (1) the individual, (2) the state of his inward affair and intention and (3) what he is watching?[14]

نعم كلامك صحيح

Shaikh `Abdullah Badran: Correct. Your words are correct.

فيها فوائد وفيها مساوء، انت تختار ماذا تشاهد

Shaikh `Abdullah Badran: On the internet and television are both benefits and harms and you after all can choose what you watch on this medium.

الآن موبايلك فيه انترنت بشكل متواصل وتستطيع أنت أن تحدد خيار المشاهدة التي تريد

So in this time, your phone has the internet on it[15] although you can make calls and use it for things besides. And you are able to restrict your phone from harmful content and only watch the best things that you so decide to see.[16]

وكيف تستفيد من هذه التقنية، أنت الآن اخترت الإستفادة بالتواصل معي لأجل اسئلة علمية بارك الله فيك

So how you benefit from this technology is what informs the ruling. You can now choose to benefit by having contact and conversing with me, asking knowledge-based questions as you are currently, may Allah bless you.

مختصر القول الخوف من الله ومراعاة العبادة والإرادة في هذا الأمر ضرورية جدًا لأن الإنسان ضعيف والله المستعان ما القصد من مشاهدة البرامج والمواقع من الانترنت وما نوعها

The summary of the statement is that one should fear Allah, maintain the Worship of Allah and exercise the right choice in this matter that has become a dire necessity for use in our time and be mindful that man is weak by nature.[17] May Allah help us. The situation is conditioned upon the intent one has when viewing programmes and sites on the internet and the content he is examining.

الحمد لله، هذا جواب مفيد مختصر يسير، جزاكم الله خيرًا يا شيخ.

Abu Ja`far Hasan Al-Hanbali:Praise be to Allah. This is a beneficial, simple and easy to grasp answer. May Allah reward you, shaikh.

واياك

Shaikh `Abdullah Badran: And you as well.

نسأل الله أن يدخلك ووالوالد السعيد في رضوانه وفردوس جنانه، آمين.

Abu Ja`far Hasan Al-Hanbali:We ask Allah that he admit you and the Fortunate Father into His Good Pleasure, the Firdaws of His Gardens of Paradise, amin.

امين واياك

Shaikh `Abdullah Badran: Amin. And may you have the same.

والسلام عليكم ورحمة الله.

Abu Ja`far Hasan Al-Hanbali:Was-Salaamu `Alaikum wa Rahmatullah.

وعليكم السلام، نفس الكلام الاول ينطبق على المواقع والرنامج على الانترت، كلها تصب في نفس الجدول

Shaikh `Abdullah Badran: Wa `Alaikum us-Salaam, just remember that the speech on the topic above is conditioned on websites and programmes on the internet.[18] All of this enters into the heart of the matter that has led to the dispute.

Fatwa taken: 23 Shawwal 1443


[1] Note: I had done the research on this and knew the answer regarding television previously but with the popularity of the internet as well as the change in television or programme viewing thought it useful to publicly put this and other questions in the public for people to examine and look over. And it is permitted to repeat a question or ask it again when the individual knows the answer if conditions around it have changed or the means in which it took previously have been altered. And this is under the principles of rulings changing based upon time and place. cf.Ibn Badran’s Nuzhat, vol.2, pp.37-44

[2] The scholars that advocated this view include most of the Imams of the Gulf, such as`Abdullah ibn Muhammad Al-Khulaifi, `Abdullah ibn Salim and `Umar ibn Salim along with fiqh scholars like Shaikh Al-Hussain. The reason for this is they were looking at circumstances in which television is not controlled. Thus one would be watching his chosen programme on terrestrial television but then when a commercial comes, there is no way to know what will appear. A television series may be a documentary about lions living on a reserve but it may be funded in part by advertising that includes full, partial or regular nudity, sexual debauchery, drugs, alcohol, murder and the like. Based upon this, when one cannot control the venue or item, it is impermissible to watch it.  

[3] The scholars that represent this position include Imams like `Abdul Majid `Abdul Majid (Al-Hanbali As-Saghir), Ahmad Ash-Shami and others. Their understanding is that when one has control over the venue or item, like in the case of satellite television, one can change channels or even viewing programming in which commercials are edited out or can be skipped. And as satellite and other channels have progressed, this has left the consumer with more control than he had possessed previously.  

[4] This refers to the Shaikh and Imam, Isma`il ibn Badran Ad-Dumi, may Allah preserve him.

[5] Note: the translator is indeed aware of scholars that have denounced internet/web usage. So I ask this question to check regarding the difference of opinion and the like.  

[6] As there are authorities that state if someone is not in need of it that he should refrain while other authorities have said that if someone is in regular contact with it and makes use of it, then there are rulings governing the affair.

[7] Thus understand that the authorities look at these things as they are before they are switched on/turned on. So when one looks upon it, in its natural state (that being classed in the Revealed Law as dead or lifeless (Ar.naam) it is carrying the ruling of permissibility (Ar.mubah) as using it in that lifeless form neither entails reward nor punishment. When this object is turned on/switched on is where it can be the case that some authorities hold that due to the potential of what it could lead to (it then is impermissible unrestrictedly (Ar.haram famutlaqan) or based upon what permitted things it brings in so that in some cases it could be used as a tool for gaining knowledge and thus it could be permitted (Ar.halal) and thus one would get reward for its right use (Ar.mustahabb). cf.Ibn Badran’s Nuzhat, vol.1, pp.37-44

[8] Thus the authorities are agreed, whether they hold it to be permitted for use or not, that all of these things distract from the Remembrance of Allah merely based upon their potential to do so. cf.Ibn Badran’s Nuzhat, vol.1, pp.37-44

[9] This is referencing internet and mobile phone usage for those that are engaged with these items.

[10] Ar.darurah. This becomes the case as if someone’s livelihood/work/necessary sustenance comes from interacting with it, it fits within this ruling. Those that do not engage with these things in their daily life as work are not obliged to work with it and are not compelled in the same capacity.

[11] And this is a good point as the writer/translator was referred to him through students of knowledge that he is classmates with or work with on other projects. So this is a very useful point. There are some fiqh scholars that the writer has to correspond with through the medium of online channels while muftis in Palestine for the most part have telephone numbers and internet contact channels. So for someone in this line of work or obligation, he or she has necessary use in order to realise these objectives.  

[12] This means after he has carried out his necessary work (agriculture) and then worship for the day (salah, wird and other necessary or praiseworthy matters) then he would settle in to watch or take benefit from the object.

[13] Thus he did not watch commercials, music videos, soft porn or the like. This may have been possible either due to satellite control of his television or terrestrial set up and he was watching using the old method of VHS tapes. In any event, he was capable of differentiating between the harmful and beneficial and avoiding the harms.

[14] These conditions can be seen in the very run up to the foundational matters of fiqh. cf.Ibn Badran’s Nuzhat, vol.1, pp.37-44

[15] This is important as previously a telephone had no other use than calling and receiving calls.

[16] Thus you have control over the lifeless item and what it receives, transmits or emits

[17] This is a paraphrase of Surat un-Nisa (4), ayah 28 which contains within that portion a ruling that as man is weak by nature, caution has to be taken when going near to affairs that could trigger the principle of dire necessity (Ar.darurah) and need (Ar.haajah) and to try to stay away from these two and not approach them in some sort of fatalistic no-no that one would lean on with clever catch phrases “Well, verily Allah is Forgiving and Merciful” while ignoring the fact that he is Stern in Punishment, Swift in taking account and Mighty, Possessor of Vengeance.

[18] So the main thrust of the discussion and ruling was around the programmes and websites on the internet while the issue of the television was more restricted as discussed in the main body of the text. This is the case as the television – terrestrial or otherwise – is not the mainstay of one’s wealth to use or view to the degree that one would derive sustenance from so deeper discussion around it was not required other than the item and what it transmits; but the discussion on the internet was more involved due to greater factors.  

THE VISION OF A RIGHTEOUS MAN

The righteous ones will at times see visions and dreams of portents to come

Imam Ibn Al-Jawzi,[1]  may Allah have mercy upon him, narrated the following report:

Ahmad ibn Al-Fath[2] said: “I was asleep one night and saw a vision in which Bishr ibn Al-Harith[3] was present sitting in a tree lined and shaded area and in front of him was a clothe spread in the ground with food that he was eating. I said, ‘Abun-Nasr, What did Allah do with you and your affair?’ Bishr replied, ‘He had mercy upon me, forgave me my sins and opened up the Paradise for me to have admittance. At the time of my admittance, He said: Eat of all that is therein of its fruits and drink from its rivers. Take enjoyment of all that which you forbade yourself in the earthly life’.

Ahmad ibn Al-Fath then said, “I asked Bishr, ‘So where was your brother in Islam, Ahmad ibn Hanbal?’[4] Bishr responded thusly, ‘He was still at the Gate of the Paradise making intercession for those of Muslim Orthodoxy that had held firm and declared the Qur’an was the Speech of Allah and uncreated’. I then asked, ‘And so then what happened with Ma`ruf Al-Karkhi?’[5] Bishr shook his head to and fro and said, ‘Oh, the case of that one! Between us and him is a veil.[6] This is the case as Ma`ruf did not worship Allah out of longing for His Paradise or Fear of His Fire. Rather, his longing was for Allah and due to this He rose him to the highest ranks. He then lifted the veil between Himself and Maruf and gave him the most holy and glorious of affair. So whoever should have any need that he seeks from Allah, let him go to the grave of Maruf Al-Karkhi and make supplication there. Indeed such a supplication is sure to be answered, if Allah so wills’.” [cf.Bahr ud-Dumu, pp.49-50]


[1] 511-597 (AD1116-1202). He is Abul Faraj Jamal ud-Din `Abdur-Rahman ibn `Ali ibn Muhammad ibn `Ali ibn `Ubaidullah ibn `Abdullah. Theologian, astronomer, jurist, renewer of the faith, he wrote more books than any other author in history. cf. Ibn Rajab’s Adh-Dhailu `ala Tabaqat il-Hanabilah, vol.3, pp.336-363.

[2] He is Abu Bakr Ahmad ibn Al-Fath ibn Musa Al-Baghdadi. One of the students of Bishr ibn Al-Harith, he taught extensively and preached vigorously for the Orthodox faith and suffered through the Inquisition and came through it vindicated. cf.Al-Baghdadi’s Tarikh Baghdad, vol.4, pp.343-344

[3] 152-227 (AD774-849). He is Abu Nasr Bishr ibn Al-Harith ibn `Abdur-Rahman ibn `Ata’ Al-Marwazi Al-Baghdadi. Known as Bishr Al-Hafi (“the barefooted”), he travelled and took knowledge from countless luminaries such as Imams Malik ibn Anas, Sharik, `Abdullah ibn Al-Mubarak and others. Countless others narrated from him while Imam Ahmad also mentioned him in high regard.cf.Adh-Dhahabi in Siyar, vol.10, pp.469-477

[4] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as ImamsSufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. cf.As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17; 58-124

[5] d.200 (AD816). Abu Mahfuz Ma`ruf ibn Al-Faizan Al-Karkhi. Scholar, theologian and wandering teacher and friend of the orphans, homeless and unwanted, he was a friend of Imam Ahmad ibn Hanbal, may Allah have mercy on him. He suffered persecution from the nascent Mu`tazilah but remained resilient upon the faith of the Orthodox. cf.Al-Hussain’s Tabaqat ul-Hanabilah, vol.1, pp.340-346

[6] The us and them refers to the one having the dream along with Bishr ibn Al-Harith and Ma`ruf Al-Karkhi.

THOSE WHO WOULD BE EXEMPT FROM SAWM , KAFFARAH OR QADA’

Notice the jobs mentioned in the ruling: lumberjack, harvester, sailor or similar to that. These are all strenuous jobs. Thus we know that this ruling would not possibly apply to pencil pushers, Only Fans makers, YouTube personalities, Instagram prostitutes, red pill or MGTOW or any others who would style themselves smarter and more intellectually astute and thus “more likely to tire” than those really engaged in the trades that keep a country, supply chain, electricity and gas moving.

ذهب بعض الحنابلة المتأخرين إلى أن الحطَّاب والحصّاد والملاَّح ونحوهم إذا كان الصيام يضعف أحدهم عن معيشة جاز له التكفير بالإطعام إذا لم يستطع القضاء، والضرر هنا كل ما يخلُّ بأمره عن حالته الأولى.

Some of the latter-day Hanbali scholars have held the position that the lumberjack, harvester, sailor and similar to that – in the situation that the sawm might weaken any one of them from earning his livelihood – is allowed to expiate the sawm by feeding someone when he cannot make up the sawm.[1] And the harm that would result from him making sawm is all of what would adversely affect his original state given the circumstances.

مجموع المنقور

As taken from Ibn Al-Manqur’s[2] collected rulings.

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] This understanding is partially built upon what Imam Baha’ ud-Din Al-Maqdisi, may Allah be pleased with him, stated, “The evidence for all of this is what has been narrated by Az-Zuhri from Humaid ibn `Abdur-Rahman from Abu Hurairah, who said, ‘We were sitting one day in the presence of the Prophet, peace and blessings of Allah be upon him, when a man came and said: I have been destroyed. The Prophet, peace and blessings of Allah be upon him, answered: What did you do? The man said: I had sexual intercourse with my wife while I was fasting in Ramadan. The Messenger of Allah, peace and blessings of Allah be upon him, said: Are you able to find one slave that you can free? The man remarked: No.

‘He was then asked: Are you able to fast two months consecutively to expiate this matter? He said: No. He was then asked: Are you able to feed sixty poor and needy people? He said: No. The Prophet, peace and blessings of Allah be upon him, waited with us at the place for a long time and sat quietly. Then someone came with a basket of dates. The Prophet, peace and blessings of Allah be upon him, then said: Where is the man that came questioning just a moment ago? The man said: I am here. The man was told: Take this bundle of dates and give this in charity. The man said: There is no one poorer than me that deserves charity. By Allah, there is no family poorer than mine, Messenger of Allah. The Messenger of Allah, peace and blessings of Allah be upon him, smiled until his canine teeth could be seen. The Prophet, peace and blessings of Allah be upon him, then said: Take this and feed your family’. This is collected by Imams Al-Bukhari and Muslim and agreed upon by them to be authentic”. Al-`Uddah Sharh ul-`Umdah, pp. 200-201.

[2] 1067-1125 (AD1672-1730). He is Ahmad ibn Muhammad At-Tamimi An-Najdi. Known as “Ibn Al-Manqur” or Al-Manqur, he was one of the most important scholars of the Najd region, having recited to scholars such as `Abdullah ibn Dhahlan and others. He worked hard in righteousness, good conduct and was patient with financial difficulties that he overcame regarding himself as well as family. In his home village of Tharmada’, he earned his living through crop harvesting as well as sharecropping while he was busy teaching and learning in lessons. In his life, he would produce some three works in fiqh, his most outstanding being his collected text of rulings that fills one hefty volume. cf.Al-Makki’s As-Suhub ul-Wabilah, pp.105-106

MAKING UP MISSED SALAH REVISITED

Those who fail to understand the holiness and righteousness of our Lord shall bring nothing upon themselves but destruction on a Day when there is no salvation from Him. Anyone that understands this is dutybound to render unto Him the rights He deserves.

Someone asked the marja`:

السلام عليكم قبل ما ربنا سبحانه وتعالى يمن عليا بالهداية مكنتش بصلى وللأسف لسنوات طويلة من فترة بلوغي حتى هداني الله ينفع أخذ بالفتوى اللي بتقول أن تكفي التوبة مع الإكثار من النوافل ولا لازم أصلي السنوات دي كلها هم كتير للأسف

As-Salaamu `Alaikum, before our Lord, Glorified and Exalted be He, favoured me with guidance, I did not make salah and with great regret this was the case for many years extending into my adulthood. This remained the case until Allah guided me to something that I read of a fatwa[1] with the statement that it is sufficient for me to make tawbah while making many optional salah[2] but it is not required for me to make qada’ of all those years of salah that I regrettably missed.

قال الإمام محمد السيد الحنبلي الأزهري

Imam Muhammad As-Sayyid Al-Hanbali Al-Azhari[3] responded:

لا بد من قضاء ما فات، وأبدأ فورًا مستعينًا بالله وصل قدر استطاعتك حتى تنتهي مما عليك، يعني إذا انتهيت من صلاة فائتة شرعت في غيرها وهكذا ولكن على قدر طاقتك ثم استرح وأكمل وهكذا حتى تنتهي مما عليك.

You are dutybound to make up that which was missed and begin doing so as soon as possible with the Help of Allah. Make the salahs according to what you are able until you have completed what is upon you. What this means is that you should make up some salahs at a certain time when you are able but do so according to your ability. So make some up, then rest. Then when able, make up some more and continue in this way until all of what was written for you is made up.

Fatwa given: 29 Shawwal 1443


[1] There is no legitimate fatwa for this as this is all coming from a rejected ruling from the Imam, Taqi ud-Din Ibn Taymiyyah (d.728), may Allah have mercy upon him.

[2] Why would it be legitimate to make optional salah (Ar.nafl) in place of compulsory salah, which are wajib but one is not dutybound to make up those compulsory salah?! There has not and there will not ever be any text presented to establish this divergent understanding.

[3] He is the Imam of the Hanbalis at Al-Azhar

THE PATH OF KNOWLEDGE AND THE TRANSMISSION OF LEGACY FROM STUDENT TO TEACHER

Books that have been transmitted and commented upon ceaselessly are those that are depended upon. This has to be grasped by the student of knowledge and understood when taking knowledge from valid teachers. Anything besides is a barrier or impediment to learning right knowledge.

قاعدة مهمة من العلامة ابن داود الحنبلي:

Important Principle uttered by the senior scholar, `Abdullah ibn Dawud Al-Hanbali[1]

جميع الكتب (ومنها بعض كتب ابن تيمية وابن القيم) التي لم يكثر اشتغال الناس بها ولا شرحوها ولا حرروها ونقحوها ونقلوها = لا يعتمد عليها

Any and all books – and this includes some of the works of Taqi ud-Din Ibn Taymiyyah[2] and Ibn ul-Qayyim[3] – in which the people have not busied themselves with study, commenting upon them, isolating and analysing, checking, correcting and transmitting, they in fact are not depended upon for use.[4]  


[1] d.1225 (AD1810). `Afif ud-Din `Abdullah ibn Dawud Az-Zubairi Al-Basri Al-`Iraqi Al-Hanbali. Preacher, teacher, heresiographer and soldier, this particular scholar was born and lived most of his life in Az-Zubair, the great stronghold of Orthodox scholarship that was a suburb of Al-Basrah. He studied under its premier scholars, but decided to go to Al-Ahsa’ in Arabia to continue his studies. He learned from the scholars Muhammad ibn Fairuz and his son, `Abdul Wahhab Al-Ahsa’ii among others. cf.Al-Makki in As-Suhub ul-Wabilah `ala Dara’ih il-Hanabilah, pp.254-255

[2] 661-728 (AD1263-1328). He is Taqi ud-Din Abul `Abbas Ahmad ibn `Abdul Halim ibn `Abdus-Salam ibn Taymiyyah. Scholar in many disciplines, this particular figure had more than seven foundational issues in which he was divergent from the Orthodox creed. He and his works were corrected by his contemporaries and also most of his students. However, Muhammad ibn `Abdul Wahhab and his followers built their creed on these divergences. Please see Ibn Rajab Al-Hanbali’s Adh-Dhail `ala Tabaqat ul-Hanabilah, vol.3, pp.320-335;Al-Makki’s As-Suhub ul-Wabilah `ala Dara’ih il-Hanabilah, vol.2, pp.675-680 (Bakr Abu Zaid interpolations)

[3] 691-751 (AD1292-1350). He is Shams ud-Din Abu `Abdullah Muhammad ibn Abi Bakr ibn Ayyub ibn Sa`d ibn Qayyim Al-Jawziyyah. Born in Damascus and coming from a family of scholars, he studied extensively until he was conferred with the rank of mujtahid murajjih. He is the sole narrator of the opinions and explanations of the rulings given by Taqi ud-Din Ibn Taymiyyah. Although a great peg of knowledge (but not depended upon in the school for ruling), he possessed much of the same types of divergences found in his teacher. Please see Ibn Rajab’s Adh-Dhailu `Ala Tabaqat il-Hanabilah, vol.4, pp.368-372.

[4] This is an important point as people in the English-speaking world often busy themselves with online debates, studying books that are not transmitted, commented upon or handed down with commentary but insist that they are “studying”, “deening”, “getting that knowledge” and other unlettered language stemming from hip-hop pop culture that stand as little more than advertisements of the bankruptcy of the minds of such individuals.

FAKE CONSPIRACY THEORIES AND END TIME PROPHECY SCAMS

Every week, some fake preacher or caller to a road to nowhere lolls out his impure tongue and calls Muslims at large to some conspiracy theory or twisted understanding of End Times Prophecy using his newsfeed, newspaper tucked under his arm or some theory coming from his wretched and fable filled mind, all the while seeking likes, views and especially financial gratuities for his “services”. This spiritual paedophilia continues until and unless those victims stand up and pull away from this nonsense.

كثرة الانشغال بالرؤى والأخبار والتحليلات المتعلقة بالمهدي عليه السلام والدجال ونحوهما لن تقدم أو تؤخر بل ربما أضرت بصاحبها – في دنياه وعقله – ضررا شديدا،

Excessive busying oneself in visions,[1] narratives and discussions connected to the Mahdi, peace be upon him, the False Messiah and similar to that in either affair will bring difficulty. In fact, it might bring harm to such a person in his earthly life[2] and even his intellect that is severe indeed.[3]

والذي أراه أن أشراط الساعة إن ظهرت فلن يختلف على تفسيرها أهل الدين والصلاح، فعلينا إذن الاشتغال بإصلاح قلوبنا أولا بالاستغفار والصلاة على النبي صلى الله عليه وسلم وإصلاح ما حولنا ثانيا بحسب الإمكان، وحفظ القرآن والسنة والفقه (بالنسبة لطالب العلم) ..

That which occurs to me is that the Signs of the End of Time when they come to pass shall not have any doubt or difference in their reality to the people of upright religion and rectitude.[4] Now then, it is for us to busy ourselves with rectifying our hearts firstly with seeking forgiveness of Allah and sending peace and blessings upon the Prophet, peace and blessings of Allah be upon him. Then secondly, we rectify all of what is around us according to ability and memorisation of the Qur’an, Sunnah and Fiqh with respect to the seeker of knowledge.[5]

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] Like fake claimants saying they speak with the Mahdi every night or that he’s coming to Hajj or that they know the exact date of the end of time, the coming of the Mahdi or the False Messiah. So just as Muslims have a natural aversion to seances, palm readings, yoga and other foolishness, they need to keep the same scale of measurement to nonsense “end times” gurus and clowns that read the newspaper and then try to shoehorn prophecy into it.  

[2] It has been to the point that some people think that they themselves might be the mahdi or the False Messiah.

[3] And then you have these “end times evangelists” who peddle discussion on End Times prophecy constantly without consistently going through the entire discussion on the topic. This way of stringing people along, using news and world events to scare people to pay money to attend conferences that are abysmally useless, discussing matters that have not been narrated. Some even claim that certain things like “America” or “Obama” are mentioned in End Times prophecy or nuclear war when nothing is further from the truth in any way, shape or form. Someone should be careful and mindful of useless idiots like these and wonder why such people never finish a complete book, study their religion systematically or call to the religion in a real way.

[4] Indeed, so this is why there is no need to go panting after conspiracy theories like Protocols of the Learned Elders of Zion (which is a forgery), Illuminati, 9/11 truther, 7/7 truther, Building-7 truther, Bin Laden truther, c-19 truther, population decrease through immunisation scams, blood libels, Ya’juj and Ma’juj being Gog and Magog and them being the British, Barack Obama being the False Messiah, a worldwide Zionist/Marxist/Jewish conspiracy, George Soros, Bill and Melinda Gates trying to destroy the environment and world’s population scams, the Bilderbergs, Rothschild Family World Domination, Holocaust Denial, Council on Foreign Affairs conspiracy (CFR!) and countless other baseless affairs that sometimes are couched in hadith on the topic of the end times. We seek refuge in Allah from the kufr of associating things with the Religion of Allah that have nothing to do with it.

[5] Thus people learn and act according to what is required of them and what they are responsible for in their circumstances.

HOW REAL STUDY OF FIQH SUPERCEDES CLAIMANTS TO FIQH

“I have 27 ijazahs from 500 shaikhs from online classes and know all the madhhabs. Wallahi, I know the rulings but when the evidence is stronger, I just follow that. They were men and we’re men, ya akeee.”

There is no such thing as “Zakah Sanawiyyah” in the books of the Hanbali School

السلام عليكم ورحمة الله وبركاته، عيد مبارك، وعيد سعيد، فتقبل الله منا ومنكم

As-Salaamu `Alaikum wa Rahmatullah, may your `Eid be blessed and noble. And may Allah accept it from us and you![1]

أنا عندي سؤالان، يا شيخ. في بريطانيا، أداء الزكاة في صورة المأكولات (كأرز، وحمص بندق وكسكس، وتمر، ورطب كذلك كما وجدنا في كتبنا ومع شيوخنا).

Shaikh, I have two questions on the matter of Zakat ul-Fitr. In Zakat ul-Fitr, there will be the one that will give it in the form of eatables – like rice, lentils, couscous, dry or wet dates – and likewise this is what we found in our books and with our shaikhs.[2]

فوجدنا في بعض المدن أناس يفعلون في صورة الفلس ويدفعون المسجد لفعل الزلكاة لهم. هل هذا يجوز في مذهبنا؟

However we found in one of the cities some people doing so [discharging Zakat ul-Fitr] in the form of fiat currency and paying the masjids in this fiat currency in order for them to do the act of discharging the Zakat ul-Fitr for them. Is this permitted in our School?

السؤال الثاني: في كتاب الزكاة، وجدنا زكاة بهيمة الأنعام، وزكاة النقدين، وزكاة الحبوب والثمار، وزكاة العروض، وزكاة الفطر.

فسمعنا من أناس أن في مذهبنا زكاة السنوية مع هذه؟ هل هذه “زكاة سنوية” قسمًا مستقلًا في مذهبنا أم هذه في أقسام الزكاة ذكرناها؟

The second question is that under the Book of Zakah, we find Zakah on cattle,[3] Zakah on the two precious metals of gold and silver,[4]  Zakah on seeds and crops,[5]  Zakah on commerce and Zakat ul-Fitr.[6] We have then heard some people speaking on the affair of our madhhab, mentioning some business about “Zakah Sanawiyyah”.[7] Is this some independent branch of Zakah in our madhhab? Or is it from the divisions of Zakah[8]  that we mentioned just a moment ago?

Shaikh `Abdullah Badran remarked:

وعليكم السلام ورحمة الله وبركاته تقبل الله منا ومنكم

Wa `Alaikum us-Salaamu wa Rahmatullah, may Allah accept it from us and you.

الزكاة واجب على كل مسلم صغر او كبير عاقلا او مجنون

Zakah is wajib[9] on every Muslim, child or adult, sane or otherwise.

وفي مذهب الامام احمد والشافعي والمالكي لا تصح الا من قوت البلد ومما ناكل منه ولا يصح اخراجها مالا هذا بما اوصانا به نبينا المختار عليه الصلاة والسلام

It is listed in the madhhabs of Imams Ahmad ibn Hanbal,[10] Ash-Shafi`ii[11] and Malik ibn Anas[12]  that it is not valid to discharge Zakat ul-Fitr except in the form of nourishment in the land and from that which we eat from; it is thus not valid to discharge it in the form of currency or wealth.[13] And this is according to what we were advised by the Chosen One, peace and blessings of Allah be upon him.

الوحيدة زكاة الفطر تدفع من قوت البلد

Zakat ul-Fitr alone is to be given in the form of foodstuffs used as nourishment.

اما باقي الزكوات تدفع مالا نقدا زكاة المال وزكاة القطيع وزكاة التجارة فكلها واحد وتعد زكاة مال وتدفع نقدا الله المستعان

As far as the rest of the Zakah types, they are to be discharged and paid in the form of wealth or the like, whether it is called Zakat ul-Maal,[14] Zakat ul-Qatii`,[15] Zakat ut-Tijarah,[16] all of this is referring to one kind and this is the Zakah on the wealth through commerce[17] and it is given in wealth. And Allah is the Assister.

جزاكم الله خيرًا يا شيخنا. فهل يوجد قسمًا مستقلًا باسم “زكاة السنوية” أم هل هذه زكاة المال أم هذه من أقسام الزكاة التي ذكرت آنفًا

May Allah reward you with good, shaikh! So is there any separate designation referred to as “Zakah Sanawiyyah” or is this Zakat ul-Mal or is this from the categories of Zakah just mentioned a moment ago?

أنا قرأت كلها ثانيًا، مفهوم. فزكاة المال وزكاة القطيع وزكاة التجارة كلها واحد (يعني من زكاة العروض)؟

I have read the whole statement you gave a moment ago and I clearly understand it. So Zakat ul-Mal, Zakat ul-Qatii`, Zakat ut-Tijarah, all of this falls under the same rubric, namely that which is called Zakat ul-`Urud in the books?

Shaikh `Abdullah Badran then replied:

نعم كلها مفهومها زكاة مال الزكاة نوعان

Yes, this is correct. The understanding you have is correct and is another word for the Zakat ul-Mal. Thus the Zakah is of two kinds:

زكاة الفطر وهي زكاة الصوم وزكاة المال ويندرج تحت هذا المسى زكاة المال والقطيع والتجارة بشكل عام

(1) Zakat ul-Fitr which is the Zakah for the Sawm and (2) Zakat ul-Mal, which all other matters fall under this division, whether we call it Zakat ul-Mal, Al-Qatii`, At-Tijarah or the like. This all belongs to the broad category listed.

زكاة تخرج من قوت البلد حصرا اما زكاة المال تخرج مالا ولا يصح ان تخرج طعاما

In terms of the Zakat ul-Fitr, this is discharged in the form of foodstuffs eaten as nourishment in the land of the people. In terms of Zakat ul-Mal, this is discharged in the form of wealth or currency and it is not valid to discharge this in the form of foodstuffs.

As written by the Shaikh, `Abdullah Badran

29 Ramadan 1443


[1] This expression was given and accepted in anticipation of the `Eid, not that 29 Ramadan 1443 is the day of `Eid ul-Fitr or before the hilal or 30 days of the month of Ramadan have passed. Let the reader be careful.

[2] This means what was transmitted verbally and through verbal or class ijazahs of sama`, thus there is no doubt about it. This goes back to taking knowledge IN PERSON and not through your favourite computer browser.

[3] Imam Mansur Al-Buhuti (d.1051), may Allah be pleased with him, says of the matter, “So the cattle for use must not be for work and they should be shepherded and grazed on permitted land for most of the year and reach the time that the nisab should be discharged. This is based upon the hadith of Bahz ibn Hakim, from his father from his grandfather, who said, ‘I heard the Messenger of Allah, peace and blessings of Allah be upon him, say: Camels that reach up until forty in number that have been grazing off the land most of the year and they grazed off what was permissible are to have one two-year-old calf given as their zakah’. This is collected by Imams Ahmad, Abu Dawud and An-Nasa’ii. There is also the hadith of Abu Bakr As-Siddiq, where the Prophet, peace and blessings of Allah be upon him, declared, ‘So with sheep and goats, the zakah given should only be for the one that has grazed most of the year on permitted land’. Zakah is neither required for cattle that have been fed with fodder nor in the case when someone has purchased for the cattle what they will eat or gathered together from the grazing stock what they will be eating”. Ar-Rawd ul-Murbi` Bi-Sharhi Zad il-Mustaqni`, pp.166-167.

[4] Imam Baha’ ud-Din Al-Maqdisi (d.624), may Allah be pleased with him, ruled wisely, “There is no zakah on commerce and the gold and silver accumulated from it until someone intends trade with it and it has reached the nisab at the time and is established at that point. When it reaches less than the nisab of gold and sister, then he would take out the value of gold and silver, then zakah is taken out for its value. This is based upon the narration of Samurah ibn Jundub who said, ‘The Messenger of Allah, peace and blessings of Allah be upon him, commanded us to take out zakah for from that which we had prepared for buying and selling in trade’. This is collected by Imam Abu Dawud and he said, ‘The chain of transmission of this is well known’. The reason for this is that complete wealth that reaches the ruling is connected to a time just like in the case of cattle. Someone that has less than the nisab of gold and silver only gives the zakah in that case as this is to rectify the affair of the poor and show that they have a share in wealth. Zakah is taken from the value of the gold and sislver and not from the principal as the nisab is based upon the value and not the principal. The nisab on gold and silver makes zakah become compulsory on it according to its’ time just like the rest of the wealth. The measure of its zakah is one fortieth as it is connected to the value of it, so it bears a slight resemblance to the zakah on possessings gold and silver”. Al-`Uddah Sharh ul-`Umdah, pp.183-184.

[5] Imam Mansur Al-Buhuti (d.1051), may Allah be pleased with him, says of the matter, “Zakah is indeed compulsory on all seeds, whether they be things like wheat, barley, rice, pure millet, lentils, chick peas and all other kinds of seeds. It is still compulsory to have zakah paid of seeds, even if they are not edible, like in the case of peppergrass, radish, safflower, all kinds of spices – such as cumin, flax seed, leek seeds and cucumber seeds.” The Imam says further, “Fruits are all that have been designated, such as dates, raisins, almonds, peanuts, pistachios and hazelnuts. Zakah is not compulsory in the rest of the fruits, nor vegetables, green herbs, flowers with the exception of thyme, potash, sumac, the leaves of a tree like the lote, marshmallow and myrtle. It is wajib to give zakah in all of these as they are weighed and dried measured things”. Ar-Rawd ul-Murbi` Bi-Sharhi Zad il-Mustaqni`, pp.169-170.

[6] Imam Baha’ ud-Din Al-Maqdisi (d.624), may Allah be pleased with him, said the following, “This is compulsory on every Muslim who finds what is in excess of his nourishment and that of his family and dependants on the day of `Eid which begins at sunset in the night time. He subtracts one sa` from this wealth for distribution and this is based upon what was narrated by Ibn `Umar, who said, ‘The Prophet declared as compulsory Zakat ul-Fitr from the month of Ramdan on the male, female, the free and slave from the Muslims in the form of one sa` of dates, barley for the people and half a sa` of wheat to be given for every young child and old man or woman. He commanded that this amount should be given before the people set out for the `Eid prayer.’ This is agreed upon by Imams Al-Bukhari and Muslim. The amount of Zakat ul-Fitris one sa` of wheat, barley – whether it be the grains or oatmeal derived from them – as well as dates, raisins, as this was narrated by Abu Sa`id Al-Khudri, who stated, ‘We used to gie out zakah in the time of the Messenger of Allah, peace and blessings of Allah be upon him, in the form of one sa` of food, which would be a sa` of dates, wheat, barley, cottage cheese or yoghurt or raisins. Then when Mu`awiyah came and the others came he said: Indeed one double handful of these things equals two double handfuls.’ Abu Sa`id Al-Khudri further said, ‘The form of Zakah given out was always the same just as in the times that we had given it beforehand’.  This is collected by Imams Al-Bukhari and Muslim and agreed upon by them as authentic.

If the individual did not find the items listed to give as Zakat ul-Fitr, then he takes out of this wealth anything that he can get as a sa`. This is whether or not it is seeds, the meat of fish or cattle. This particular statement is that of Imam Ibn Hamid as this is built upon approximations of what people use as nourishment. Abu Bakr `Abdul `Aziz mentions that the individual should set aside as Zakat ul-Fitr any nourishing grains and the like that would stand in place of foods mentioned in the aforementioned explicit texts. So one would give things such as seeds or fruits with things like corn, millet, rice and things such as this as these items are fitting substitutes for those explicitly mentioned matters.

The one required to give Zakat ul-Fitr sets aside what is necessary not only for himself but any who are dependants under him asnd this is done on the night of `Eid when he possesses and takes hold of what is to be discharged as Zakat ul-Fitr. This is due to the fact that the Fitr follows on from the maintenance and this is the extra left over of his maintenance and the maintenance of his dependants on the day of `Eid and its’ night. He therefore takes out the zakah for himself and his dependents. This is based upon the statement of the Prophet, peace and blessings of Allah be upon him, ‘Discharge the Zakah for those under your care’. This is collected by Imam Ad-Daraqutni. He gives the distribution of the zakah precedence over the maintenance as it is specifically stated by the Prophet, peace and blessings of Allah be upon him, ‘Take out the amount for the Zakah, starting with yourself’. This is collected by Imam Muslim. There is another narration in which he also said, ‘Begin with those who are under your care’. This is collected by Imam At-Tirmidhi.

A condition for Zakat ul-Fitr becoming compulsory is the time entering in for that compulsory act. The compulsory time is sunset on the night of `Eid ul-Fitr. This is based upon the statement of Ibn `Umar, ‘The Messenger of Allah, peace and blessings of Allah be upon him, declared Zakat ul-Fitr compulsory from the end of the month of Ramadan’. This is coming after the sunset. Whoever became Muslim, or got married or had a child born to him or owned a servant or slave or war captive after the sunset or they died before the sunset, then there is no Zakat ul-Fitr due. If the sun set and they were with him for the duration of time, then they died, then he must give the Zakat ul-Fitr for them as the necessary time and matter was met and these things are not nullified by death just like the expiation for disavowing one’s wife”. Al-`Uddah Sharh ul-`Umdah, pp.184-186.

[7] And things like this often happen when people do not study the Religion and speak on fiqh they’ve never studied, books they’ve never read and scholars they’ve never sat with in life. No one but Allah can lift such a malady from someone.

[8] Imam Baha’ ud-Din Al-Maqdisi, may Allah be pleased with him, made an explicit statement, “The most praiseworthy thing to due is to discharge the Zakat ul-Fitr on the day of `Eid before the prayer. This is based upon the narration given beforehand in the beginning of the chapter. The intent of this is that those seeking Zakat ul-Fitr might be enriched immediately on the day of `Eid based upon the statement of the Prophet, peace and blessings of Allah be upon him, ‘Let those who seek it be enriched on the day of `Eid’. This is collected by Abu Sa`id and Ad-Daraqutni. This issue is connected with discharging the Zakah before the prayer is enriching them for the entirety of the day. It is not permissible to delay the discharging of Zakah after the day of `Eid. If someone were to do that, he would be sinful as he has delayed a compulsory right to be discharged from its’ proper time and he must make up that thing as the right of wealth is a compulsory one and it does not cease due to delaying its’ time, just like in the case of the debt. It is permissible to give Zakat ul-Fitr two days before the `Eid or three based upon the fact that Ibn `Umar discharged Zakat ul-Fitr before `Eid by a day or two days before that. This is collected by Imam Abu Dawud. The outward statement of this point is that the zakah remains in place if given before the date or part of the date as the enrichment of the people is still completed at the the necessary time. If someone did this more than three days before the `Eid, then this is not permitted as the dominant ruling is that he gives it and the enrichment to be given will not have been realised at the correct time on the day of `Eid. It is permitted for one to give on behalf of a group and the opposite as well just like it is permissible to give the zakah of his wealth for them in any different means possible”.  Al-`Uddah Sharh ul-`Umdah, pp.186-187.

[9] Ar. wajib. Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “So wajib entails what is necessary to carry out and what is blameworthy – according to the Revealed Law – to abandon in any sense, meaning at all times”. Al-Madkhal, pp.146-147

[10] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. Please see Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17; 58-124

[11] 150-204 (AD767-820). He Abu `Abdullah Muhammad ibn Idris ibn Al-`Abbas Ash-Shafi`ii Al-Muttalibi. Collector of the principles of the Shafi`ii Legal School, he wrote more than five pioneering works in the Principles of Fiqh and its subdisciplines. Some of his greatest students include Abu Ibrahim Al-Muzani and Az-Za`farani. Please see Al-Hussain’s Tabaqat ul-Hanabilah, vol.1, pp.260-262

[12] d.179 (AD801). He is Malik ibn Anas ibn Malik ibn Abi `Amir Al-Madani, the Imam of Makkah and Al-Madinah and the collector and Imam of that school. His Muwatta’ remains a classic and possesses chains of transmission that scholars vie for in their books. Al-Imam Malik: Dar ul-Hijrah by Imam `Abdul Ghani Ad-Daqar, pp.20-27.

[13] Imam Muwaffaq ud-Din Ibn Qudamah (d.620), may Allah be pleased with him, strongly advised, “We have in our favour the statement of Ibn `Umar who said, ‘The Messenger of Allah, peace and blessings of Allah be upon him, declared as compulsory the Fitr in the form of a sa` of dates, barley, wheat. When someone leaves that, then he has abandoned that which has been declared compulsory’.” Al-Mughni Sharhu Mukhtasar il-Khiraqi, vol.2, pp. 672-673.

[14] Zakah of Wealth

[15] Zakah of Apportioned Wealth

[16] Zakah of Commerce

[17] Imam Baha’ ud-Din Al-Maqdisi (d.624), may Allah have mercy upon him, remarked:

والواجب ربع العشر لقوله صلى الله عليه وسلم: في الرقة ربع العشر رواه البخاري

“It is compulsory to give one fortieth in zakah when gold and/or silver reach the nisab amount based upon the statement of the Prophet, peace and blessings of Allah be upon him, ‘One fortieth is supposed to be given in zakah for the riqqah dirhems.’ This is collected by Imam Al-Bukhari and classified as authentic.

وروى علي رضي الله عنه أن النبي صلى الله عليه وسلم قال: ليس عليك في ذهبك شيء حتى يبلغ عشرين مثقالًا فإذا بلغ عشرين مثقالًا ففيها نصف مثقال أخرجه أبو داود

في سننه

There is another statement narrated by `Ali ibn Talib,may Allah be pleased with him, from the Prophet, peace and blessings of Allah be upon him, who said, ‘You have no zakah required upon you until it reaches 20 mithqal. When the gold reaches 20 mithqal, then you will need to give one fortieth.’ This is collected by Imam Abu Dawud in his Sunan.

الرقة الدراهم المضروبة وهي دراهم الإسلام التي وزن كل عشرة منها سبعة مثاقيل بغير خلاف

Ar-Riqqah is the well-known name for the dirhems that are used and minted and these are the dirhems of Islam that are universally known. These are the same dirhems in which upon being weighed, every ten of them are seven mithqal in weight. This is without any difference of opinion”.

MAKING SALAH BEHIND THOSE UPON OTHER SCHOOLS

Some people enjoy sectarianism and being the “odd one out” or the “guy over there” and this is a sickness. The Muslims that are upright seek to be in unity and not for reasons to abandon making salah behind the other believers. And in this time, people are using fiqh as another reason to become sectarian, as if there was not already enough tribulation that Muslims faced. We ask that Allah protect us from book wielding warriors that have not been given the wisdom of living teachers to guide them.

There are some people that cause sectarianism (Ar.furqah) by insisting that one may not make salah behind someone of another madhhab as the masa’il differ.[1] This is not only obtuse and small minded but ignores the principles of the First Three Generations that had their ending foundations in Al-Hijaz, Al-Basrah, Al-Kufah and some other places.

The fact of the matter is that nothing is further from the truth and the scholars have always discussed this matter without any doubt. Let us look at the understanding handed down to us.

قال الإمام موفق الدين ابو عبد الله ابن قدامة المقدسي رحمه الله

Imam Muwaffaq ud-Din Ibn Qudamah (d.620),[2] may Allah have mercy upon him, uttered the following in his landmark work, The Enricher[3]on the topic:[4]

فأما المخالفون في الفروع كأصحاب أبي حنيفة ومالك والشافعي فالصلاة خلفهم صحيحة غير مكروهة نص عليه أحمد

In terms of those who differ in branch issues, like the Companions of Imams Abu Hanifah,[5] Malik ibn Anas,[6]  Muhammad ibn Idris Ash-Shafi`ii,[7]  salah behind any of these is valid and not disliked at all as explicitly[8]  mentioned by the Imam, Ahmad ibn Hanbal.[9]

لأن الصحابة والتابعين ومن بعدهم لم يزل بعضهم يأتم ببعض مع اختلافهم في الفروع فكان ذكل إجماعًا

The reason for this is that the Companions, the Followers and their students[10] always did so with one another regarding branch matters and that action constitutes Consensus.[11]

ولأن المخالف أما أن يكون مصيبًا في إجتهاده فله أجران نأجر لإجتهاده وأجر لأصابته أو مخطئًا فله أجر على إجتهاد ولا إثم عليه في الخطأ لأنه

محطوط عنه

And this is established as the one differing in branch issues is either correct in his ijtihad[12]in which he has two rewards, one for his ijtihad and one for his being correct – or mistaken – in which he has reward for his ijtihad while bearing no sin for his mistake as sin was lifted from him in this regard – so this is the fact of the matter.

فإن علم أنه يترك ركنًا أو شرطًا يعتقده المأموم دون الإمام فظاهر كلام أحمد صحة الإئتمام به. قال الأثرم: سمعت أبا عبد الله يسأل عن رجل صلى بقوم وعليه جلود الثعالب فقال: إن كان يلبسه وهو يتأول: “أَيُّمَا إِهَابٍ دُبِغَ فَقَدْ طَهُرَ” فيصلى خلفه

If it should be known to the individual that the imam in salah is abandoning what he holds to be a pillar in salah or a condition, the dominant statement of the Imam, Ahmad ibn Hanbal, is that the imam is valid to lead the salah and the one behind him to follow. Imam Abu Bakr Al-Athram[13] said, “I heard Abu `Abdillah [Imam Ahmad ibn Hanbal] being asked about the man who was imam for a people in salah while he was wearing fox hide clothing. He said, ‘Salah behind him is valid when he is wearing it while interpreting the understanding of the hadith: So whichever hide has been tanned, it is indeed pure from that point’.[14]

قيل له أفتراه أنت جائزًا. قال: لا نحن لا نراه جائزًا ولكن إذا كان هو يتأول فلا بأس أن يصلى خلفه، ثم قال أبو عبد الله لو أن رجلًا لم ير الوضوء من الدم لم يصل خلفه ثم قال نحن نرى الوضوء من الدم فلا نصلي خلف سعيد بن المسيب ومالك ومن سهل في الدم أي بلى

“It was then said to him, ‘So do you hold it to be valid?’ the Imam said, ‘No, we don’t hold it to be valid, but when someone understands that from the hadith with that ruling, then there is no harm in making salah behind such a one as imam’.[15] The Imam then said, ‘If there was a man that held that there is no wudu’ to be made when blood is flowing from the body, so then there is no salah to be made behind this individual? Well then, we hold that when blood is flowing from the body, wudu’ is to be made. Are we then to not make salah behind Sa`id ibn Al-Musayyib,[16] Malik ibn Anas and others who pardon this matter? Surely not. We would make salah behind them’.”[17]

ورأيت لبعض أصحاب الشافعي مسألة مفردة في الرد على من أنكر هذا واستدل بأن الصحابة كان يصلي بعضهم خلف بعض مع الإختلاف

And I saw a repudiation written by one of the companions of Ash-Shafi`ii against the one who negates this principle. The writer of the repudiation adduced that the fact that the Companions made salah behind one another although they had differences of opinion in branch issues means that this is valid to do.

ولأن كل مجتهد مصيب أو كالمصيب في حط المأثم عنه وحصول الثواب وصحة الصلاة لنفسه فجائز الائتمام به كما لو لم يترك شيئًا

The reason for this is that everyone engaging in ijtihad is correct or like the one that is correct as the penalty of sin of lifted from him when he is making ijtihad and reward results whether one is correct or mistaken.[18] So the validity of salah is established and it is thus such a one may lead salah and be followed by those behind him. This is the case as the salah is valid and due to the differences remains in place and even if he left something it is as if he left nothing.[19]  

وذكر القاضي فيه رواية أخرى أنه لا يصح ائتمامه به لأنه يرتكب ما يعتقده المأموم مفسدًا للصلاة فلم يصح ائتمامه به كما لو خالفه في القبلة حال الإجتهاد فيها

And it was mentioned by Al-Qadi Abu Ya`la Al-Baghdadi,[20] may Allah have mercy upon him, that there is another narrative from Imam Ahmad that it is not permitted for one to take as imam one who has different branch issues as it goes against that which the follower holds as a nullifier of salah. So it is thus not valid to take one as an imam. And this is just the same way as if someone differed or contradicted him in the matter of the Qiblah and ijtihad was required in the matter.[21]


[1] Especially those hostile to fiqh and studying it, bringing up canards throughout history that were mostly inauthentic or isolated affairs that were not the depended upon or majority of any group of scholars in any time in history. Let the wise ones use their wisdom.

[2] 541-620 (AD1146-1223). He is Muwaffaq ud-Din Abu Muhammad `Abdullah ibn Ahmad ibn Muhammad ibn Qudamah. One of the Revivers of Islam in his time, scholar of fiqh, hadith, ihsan, math and many other disciplines, he is one of the highest voices of authority in the school of Imam Ahmad ibn Hanbal. Please see Ibn Rajab’s Adh-Dhail, vol.4, pp.105-119

[3] Ar.Al-Mughni Sharh Mukhtasar il-Khiraqi, vol.2, pp.28-29

[4] One of the most important things to understand about this book is that it is meant to be a comparative of madhhabs, current and previous, in rulings and the like. It belongs to a class of comparative books known as riyawat (narrative ruling) literature. This and other books like it are not meant to establish the depended upon ruling in the said school, let alone that of the author (rather the texts Al-Muqni` and Al-Kafi (in that order) are Muwaffaq ud-Din’s final statements in fiqh and the depended upon). The fact that this is mentioned in the introduction by the author but people (sometimes even shaikhs (!) ignore this and cite it improperly truly reminds us that we are in the age where not only have scholars decreased but so has knowledge and literacy to boot. And there is no might or power except in Allah.

[5] 80-150 (AD699-767). He is Abu Hanifah An-Nu`man ibn Thabit Al-Kufi. Follower of the Companions, Imam `Ali made supplication for him when his father presented him to him. He also saw Anas ibn Malik and a few other Companions. He would later become a star pupil of many teachers in the city of Al-Kufah and come to organise its principles and methods, thus today bearing the name “The Hanafi School”. He was the first to organise the fiqh books starting from the Chapter of Water to the Chapter of Witnesses. Imam Ash-Shafi`ii said that all people of fiqh are his children due to his organisation of fiqh books. He died a martyr after being poisoned by `Abbasid authorities. cf.Adh-Dhahabi in Siyar, vol.6, pp.391-403    

[6] d.179 (AD801). He is Abu `Abdillah Malik ibn Anas ibn Malik ibn Abi `Amir Al-Madani, the Imam of Makkah and Al-Madinah and the collector and Imam of that school. His Muwatta’ remains a classic and possesses chains of transmission that scholars vie for in their books. Al-Imam Malik: Dar ul-Hijrah by Imam `Abdul Ghani Ad-Daqar, pp.20-27.

[7] 150-204 (AD767-820). He Abu `Abdillah Muhammad ibn Idris ibn Al-`Abbas Ash-Shafi`ii Al-Muttalibi. Collector of the principles of the Shafi`ii Legal School, he wrote more than five pioneering works in the Principles of Fiqh and its subdisciplines. Some of his greatest students include Abu Ibrahim Al-Muzani and Az-Za`farani. Please see Al-Hussain’s Tabaqat ul-Hanabilah, vol.1, pp.260-262

[8] Ar. nass. This is a text that fits its context and is beneficial in and of itself and is not in need of recourse to other sources. It is clear and explicit in its meaning and cannot be interpreted in any other way. This includes ayat from the Qur’an, statements in the hadith collections or unequivocal words stated by members of the first three generations. The basic gist of this would be: A nass is a piece of evidence in context according to its intended meaning that is impossible to refute. Please see Imam Ibn Badran’s Al-Madkhal, pp.113-115

[9] 164-241 (AD780-855). He is Abu `Abdillah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani. In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. Please see Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17;58-124

[10] Let us consider the rank of these three generations:

حَدَّثَنَا وَاصِلُ بْنُ عَبْدِ الأَعْلَى قَالَ : حَدَّثَنَا مُحَمَّدُ بْنُ فُضَيْلٍ ، عَنْ الأَعْمَشِ ، عَنْ عَلِيِّ بْنِ مُدْرِكٍ ، عَنْ هِلَالِ بْنِ يَسَافٍ ، عَنْ عِمْرَانَ بْنِ حُصَيْنٍ  قَالَ: سَمِعْتُ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ يَقُولُ :

It was narrated to us by Wasil ibn `Abdul A`la who said: It was narrated to us by Muhammad ibn Fudail from Al-A`mash from `Ali ibn Mudrik from Hilal ibn Yasaf from `Imran ibn Husain who said, “I heard the Messenger of Allah, peace and blessings of Allah be upon him, saying:”

خَيْرُ النَّاسِ قَرْنِي ثُمَّ الَّذِينَ يَلُونَهُمْ ، ثُمَّ الَّذِينَ يَلُونَهُمْ ثَلَاثًا ، ثُمَّ يَجِيءُ قَوْمٌ مِنْ بَعْدِهِمْ يَتَسَمَّنُونَ وَيُحِبُّونَ السِّمَنَ يُعْطُونَ الشَّهَادَةَ قَبْلَ أَنْ يُسْأَلُوهَا :

‘The best of people is my generation, then those who come next, then those who come next. Then there shall come a people after them in which there shall appear fatness and they shall love fatness. They will give the testimony before they are asked to do so’.” This is collected by Imams Muslim, Al-Bukhari and At-Tirmidhi.[10] This particular wording is in that of At-Tirmidhi.

وَهَذَا حَدِيثٌ غَرِيبٌ مِنْ حَدِيثِ الأَعْمَشِ ، عَنْ عَلِيِّ بْنِ مُدْرِكٍ وَأَصْحَابُ الأَعْمَشِ إِنَّمَا رَوَوْا عَنِ الأَعْمَشِ ، عَنْ هِلَالِ بْنِ يَسَافٍ ، عَنْ عِمْرَانَ بْنِ حُصَيْنٍ ،

Imam At-Tirmidhi said, “This is a strange hadith from the narrated hadith of Al-A`mash from `Ali ibn Mudrik and the Companions of Al-A`mash only narrated from Al-A`mash from Hilal ibn Yasaf from `Imran ibn Husain”.

حَدَّثَنَا أَبُو عَمَّارٍ الحُسَيْنُ بْنُ حُرَيْثٍ قَالَ : حَدَّثَنَا وَكِيعٌ ، عَنِ الأَعْمَشِ قَالَ : حَدَّثَنَا هِلَالُ بْنُ يَسَافٍ ، عَنْ عِمْرَانَ بْنِ حُصَيْنٍ ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ نَحْوَهُ ، وَهَذَا أَصَحُّ مِنْ حَدِيثِ مُحَمَّدِ بْنِ فُضَيْلٍ . وَمَعْنَى هَذَا الحَدِيثِ عِنْدَ بَعْضِ أَهْلِ العِلْمِ يُعْطُونَ الشَّهَادَةَ قَبْلَ أَنْ يُسْأَلُوهَا إِنَّمَا يَعْنِي شَهَادَةَ الزُّورِ يَقُولُ : يَشْهَدُ أَحَدُهُمْ مِنْ غَيْرِ أَنْ يُسْتَشْهَدَ ، وَبَيَانُ هَذَا فِي

It was narrated to us by Hilal ibn Yasaf from `Imran ibn Husain from the Prophet, peace and blessings of Allah be upon him, and this is more authentic than the hadith of Muhammad ibn Fudail. The meaning of this hadith is according to some of the People of Knowledge that they shall give testimony before they are asked to give it. This means the false testimony. So this means that one of them will bear testimony without it being sought from him and the explanation of this in another place.

But who are the Salaf, who we know as the First Three Generations?

قال النووي: الصحيح أن قرنه صلى الله عليه وسلم والصحابة الثاني التابعون والثالث تابعوهم.

Imam Yahya An-Nawawi said, “The truth is that the best generation refers to that of the Prophet, peace and blessings of Allah be upon him and the Companions. Those who come next are the Followers of the Companions and those that come next are the Followers of the Followers”. cf. Sahih Muslim bi-Sharh in-Nawawi, vol.16, pp.86-89, Samaluti’s Al-Azhar edition.

How long did the First Three Generations last? What is the cutoff point?

قَالَ السُّيُوطِيُّ وَالْأَصَحُّ أَنَّهُ لَا يَنْضَبِطُ بِمُدَّةٍ فَقَرْنُهُ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ هُمُ الصَّحَابَةُ

Imam As-Suyuti says of this hadith: “The most correct statement is that the intent of the time of the Prophet, peace and blessings of Allah be upon him, in this hadith is the Companions. The description of the Prophet, peace and blessings of Allah be upon him, has already been discussed.

وَكَانَتْ مُدَّتُهُمْ مِنَ الْمَبْعَثِ إِلَى آخِرِ مَنْ مَاتَ مِنَ الصَّحَابَةِ مِائَةً وَعِشْرِينَ سَنَةً وَقَرْنُ التَّابِعِينَ مِنْ مِائَةِ سَنَةٍ إِلَى نَحْوِ سَبْعِينَ

“The amount of time that elapsed between the sending of the Prophet, peace and blessings of Allah be upon him, and the last one to have died from the Companions is 120 years or a little bit less or more than that. This is based upon the dispute about the death of Abut-Tufail. So when this is kept in mind it could be that the 100 years is a little bit less, perhaps 99 or 97 years plus the 20 years. As for the age of the Followers, this runs from the year 100 onwards and lasted 70 or eight years.

وَقَرْنُ أَتْبَاعِ التَّابِعِينَ مِنْ ثَمَّ إِلَى نَحْوِ الْعِشْرِينَ وَمِائَتَيْنِ وَفِي هَذَا الْوَقْتِ ظَهَرَتِ الْبِدَعُ ظُهُورًا فَاشِيًّا وَأَطْلَقَتِ الْمُعْتَزِلَةُ أَلْسِنَتَهَا وَرَفَعَتِ الفلاسفة رؤوسها وَامْتُحِنَ أَهْلُ الْعِلْمِ لِيَقُولُوا بِخَلْقِ الْقُرْآنِ وَتَغَيَّرَتِ الْأَحْوَالُ تَغَيُّرًا شَدِيدًا وَلَمْ يَزَلِ الْأَمْرُ فِي نَقْصٍ إِلَى الْآنَ وَظَهَرَ مِصْدَاقُ قَوْلِهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ثُمَّ يَفْشُو الْكَذِبُ

“As for those that came after of the Followers of the Followers, this lasted some fifty years and reached up to the year 220 and during this time there appeared innovations that spread out and the Mu`tazilah wagged their tongues, the philosophers raised their heads the People of Knowledge were tested so that they might declare the Qur’an created. The states of the people and places became difficult and the matter has continued without abating until now. And this is the fulfilment of the statement of the Prophet, peace and blessings of Allah be upon him that lies would be let loose and spread out”. cf.Tuhfah, vol.6, pp.469-470, hadith #2320

Thus anyone coming after the Salaf would be referred to as Khalaf (latter day or post-First Three Generations). Let us all make first intention to follow the First Three Generations in all the affairs of our Religion. Amin!

[11] Ar. ijma`. Imam Muwaffaq ud-Din Ibn Qudamah gives the meaning of Consensus: ‘The meaning of Consensus in the Revealed Law is the agreement of the scholars of the Ummah of Muhammad, peace and blessings be upon him, on some matter of the faith at a point in time’. cf.Rawdat un-Nazir wa Junnat ul-Munazir, vol.1, pp.375-376 

[12] This word is explained with two subcategories, depending on the one who is doing the ijtihad. For the Absolute Mujtahid, when he uses ijtihad, it has sometimes been translated, ‘Advanced Juridical Reasoning (AJR)’, while for every Mujtahid besides, it has been translated, ‘Restricted Juridical Application (RAJA)’, although both of them are doing ijtihad. The Prophet, peace and blessings be upon him, used this expression when he said, “When the judge makes ijtihad and he is correct, he has two rewards (ajr) and when he is mistaken, he has one reward”. Ash-Shami’s Al-Jami` Bain As-Sahihain:Al-Bukhari and Muslim, vol.3, Section 7:Al-Imamah, pp.439-440.

[13] d.260 (AD874). He is Abu Bakr Ahmad ibn Muhammad ibn Hani’ Al-Iskafi. One of the premier students of Imam Ahmad, he transmitted principles of fiqh, abrogation, creed, rulings and more. He has perhaps the oldest detailed work on the principle of abrogation (Ar.naskh).Please see the oldest collected biography of Abu Bakr Al-Athram: Abul Hussain Muhammad ibn Muhammad’s Tabaqat ul-Hanabilah, vol.1, pp.65-71

[14] Collected by Imams Ahmad in his Musnad, At-Tirmidhi, An-Nasa’ii and Ibn Majah via As-Suyuti in Al-Jami` us-Saghir, vol.1, pp.453-454 from the narrative of Ibn `Abbas and classed as sahih

[15] Look at the taqwa and the righteousness of the First Three Generations in preserving the unity of the body of Muslims even when there is difference in branch issues! Contrast that with today’s sectarian people with refrains of “Oh, we can’t make salah behind you because you do this dhikr, wazeefah, tareeqah…” or “We can’t make salah behind you because you do…” or “We’re ‘not allowed’ to make salah behind ‘you guys’ because of…”. Indeed the First Three Generations (Ar.salaf) are more knowledgeable and wiser than the Latter-Day Generations (Ar.khalaf) and look at how they conducted themselves while having greater knowledge than the latter day.

[16] 15-94 (AD637-716). He is Abu Muhammad Sa`id ibn Al-Musayyib ibn Huzn ibn Abi Wahb ibn `Amr ibn `A’ish Al-Qurshi Al-Makhzumi. Chief scholar of the people of Al-Madinah and leader among the Followers, he was based in Al-Basrah for a period of time and taught large bodies of students. cf.Adh-Dhahabi’s Siyar, vol.4, pp.217-218 

[17] This shows that the First Three Generations held different understandings but still made salah behind one another. In addition to that, this principle has to be kept in mind: (a) one holds a matter to be invalid in fiqh and (b) the other holds it to be valid. Either may make salah behind the author as whether or not (a) or (b) holds an opposing view it is valid. In the case that they both agree upon an affair being invalid and either (a) or (b) leave it, then the said act would be invalid. And this is fleshed out in the text.  

[18] Please see the hadith in the notes that establishes this point.

[19] Meaning something those behind him hold as not being valid but it is valid for him to leave it.

[20] d.458 (AD1063). He is Abu Ya`la Muhammad ibn Al-Hussain ibn Muhammad ibn Khalaf ibn Ahmad ibn Al-Farra’ Al-Baghdadi. Grand marja` and spiritual father to 40 other grand maraji`, he was the first to catalogue the rise of the Ash`ari jama`ah. The Imam’s extensive teaching record and written legacy gave us a number of classics. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.2, pp.166-198

[21] This is connected to the issue of when there is something they are both agreed is a nullifier, pillar or wajib in the salah but then the imam goes contrary to that, either due to ijtihad or some other understanding. And this is also mentioned in greater length in other books by the Qadi. Let the reader bear this in mind and abandon sectarianism (Ar.furqah). Fear Allah!

CURSING THE COMPANIONS AND THE RULING REGARDING THE AFFAIR

The burnt out wreck of the grave of the Companion, Anas ibn Malik, may Allah be pleased with him, seven years ago that had to be repaired. Wimps, cowards, religious indifferentists and fake sufis that engage in child and couple six rituals can’t understand the cults or the necessary physical combat needed to harm or repel them from these dastardly acts so their hearts would never be moved by images like this or the names of the Companions.

التفريق بين لعن الصحابة ووصفهم بالأوصاف السيئة التي لا تقدح في دينهم وعدالتهم

The Difference between cursing the Companions and describing them with bad attributes that do not negate from their Religion and trustworthiness.

قال العلامة الرحيباني الحنبلي في مطالب أولي النهي

The senior scholar, Mustafa As-Suyuti Ar-Ruhaibani[1] mentioned in Those in Authority’s means in accessing the Evidence:[2]

[تَتِمَّةٌ سَبَّ الصَّحَابَةَ سَبَّا لَا يَقْدَحُ فِي عَدَالَتِهِمْ وَلَا دِينِهِمْ]

Closing Point on abusing the Companions with words that neither negate their trustworthiness nor their Religion.

تَتِمَّةٌ: وَإِنْ سَبَّ الصَّحَابَةَ سَبَّا لَا يَقْدَحُ فِي عَدَالَتِهِمْ وَلَا دِينِهِمْ مِثْلُ مَنْ وَصَفَ بَعْضُهُمْ بِبُخْلٍ أَوْ جُبْنٍ أَوْ قِلَّةِ عِلْمٍ أَوْ عَدَمِ زُهْدٍ وَنَحْوِهِ؛ فَهَذَا يَسْتَحِقُّ التَّأْدِيبَ وَالتَّعْزِيرَ، وَلَا يُكَفَّرُ،

The closing point is that if someone abused the Companions in a way that neither negated their trustworthiness nor their Religion – such as someone describing one of them as stingy, cowardly, of little knowledge, lack of zuhd and such – then this individual deserves corporal punishment or a deterrent punishment but does not receive takfir.[3]

وَأَمَّا مَنْ لَعَنَ وَقَبَّحَ مُطْلَقًا، فَهَذَا مَحَلُّ الْخِلَافِ أَعْنِي هَلْ يُكَفَّرُ أَوْ يُفَسَّقُ؟ تَوَقَّفَ أَحْمَدُ فِي كُفْرِهِ وَقَتْلِهِ، وَقَالَ: يُعَاقَبُ وَيُجْلَدُ وَيُحْبَسُ حَتَّى يَمُوتَ أَوْ يَرْجِعَ عَنْ ذَلِكَ”

In the case of the one that cursed[4] the Companions or described them with ugly attributes that belong to the affair of cursing, this is a point of dispute. What I mean by this is that the question arises: Is the one that perpetrated this act deserving of tafsiq[5] or takfir? The Imam, Ahmad ibn Hanbal,[6] hesitated regarding the kufr of such a one or his being killed.[7]  He said, “This individual should be punished, flogged or detained until he either dies or turns back from that behaviour”.

ويظهر في ذلك توسط الإمام أحمد في المسألة.

So from this it becomes clear the balanced response of the Imam, Ahmad ibn Hanbal in the matter.

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] 1165-1243 (AD1752-1828). He is Mustafa ibn Sa`d ibn `Abduh As-Suyuti Ar-Ruhaibani Al-Hanbali. Master of fiqh and hadith, he was fortunate to learn from the great scholar, Shaikh Ahmad Al-Bali and also was a contemporary with Shaikh Muhammad ibn Ahmad As-Saffarini. Shaikh Ar-Ruhaibani left behind many books but only one complete work, a commentary on fiqh. Please see Muhammad Jamil Ash-Shatti’s Mukhtasar Tabaqat ul-Hanabilah, pp.179-180; Rawd ul-Bashar, pp.240-243 and Muntakhabat ut-Tawarikh Li-Dimashq, pp.670-678.

[2] Ar.Matalib Uwl in-Nuha

[3] This is when someone is declared a kafir. Please see The Divine Lighting, in which the author lays out these and more on the topic of takfir.

[4] Ar.la`nah. Imam Ibn Al-Jawzi said this of la`nah: “Ibn Qutaibah mentioned that the root of the word la`n is that of remoteness and to be distant from good, to be far away. So the la`ah of Allah upon Iblis is that he is cast out of His Presence and remote from any good. So from this point in the Arabic language, the word came to be associated with that”. cf. Zad ul-Masir, pp.96-97. Imam Ibn Manzur also said, “So la`n refers to punishment and wrath to come. So whoever Allah has made distance from Himself shall never have His Mercy come to him and he shall be eternally in the Fire under judgement. As for Al-La`een, this is the name of Ash-Shaitan and it is a overarching description as he was made distant and remote from the sky after exile. And it is also said that it is on account of his being far from the Mercy of Allah. La`nah is used as a supplication against him”. Lisan ul-`Arab, vol.13, pp.476-477  

[5] Imam Ibn Manzur has remarked, “So fisq is the disobedience and the abandonment of the Command of Allah, Mighty and Majestic and exiting from the Path of the Truth”. cf. Lisan ul-`Arab, vol.6, pp.369-370

[6] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults.  Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17; 58-124

[7] As it is based upon circumstance as la`nah is not a constant affair or something constant. Some scholars even disagree upon sending la`nah on Shaitan as it is not narrated concurrently, let alone a human being.

1 SHAWWAL1443: `EID UL-FITR AND A 29 DAY RAMADAN!

Yesterday we went to the hillock and due to overcast weather were not able to see the hilal, however we received news from Morocco from their 41 zones of sighting that they indeed did see the hilal.

Thus today was 1 Shawwal, 1443, which is `Eid ul-Fitr. We enjoyed Salat ul-Eid and exchanging pleasantries with Muslim brothers afterward and enjoying one another’s time. May Allah richly bless all those who fasted in the month.

And for those able, let them fast the six days of Shawwal and increase their reward.

Until next time,

Al-Hajj Abu Ja`far Al-Hanbali

29 RAMADAN 1443: SOME POINTS REGARDING DISCHARGING THE ZAKAT UL-FITR

«أحكام وقت إخراج زكاة الفطر»

Rulings regarding the time Zakat ul-Fitr is to be discharged

(وقت إباحة وهو: قبل العيد بيوم او يومين فقط)

The time that it is permitted to discharge the Zakat ul-Fitr, which is either one or two days before the `Eid and not more.

قال في شرح المنتهى: و ( لا ) تكره ( في اليومين قبله ) أي : العيد ، لقول ابن عمر ” كانوا يعطون قبل الفطر بيوم أو يومين ” رواه البخاري ، وهذا إشارة إلى جميعهم فيكون إجماعا ، ولأن تعجيلها كذلك لا يخل بمقصودها ، إذ الظاهر بقاؤها أو بعضها إلى يوم العيد .

Imam Mansur ibn Yunus Al-Buhuti,[1]  may Allah have mercy upon him, said in his Commentary on the Uttermost Boundary:[2] “It is not disliked discharging the Zakat ul-Fitr two days before `Eid ul-Fitr based upon the statement of Ibn `Umar, ‘They used to give Zakat ul-Fitr one or two days before the `Eid’. And this is collected by Imam Al-Bukhari. This is an indication towards all of the Companions and thus counts as Consensus. This discharging of the Zakah is important as hastening to do so means that one is realising the objective. With that being said, the dominant wording is that some or the rest of it should be left to be discharged on the day of the `Eid”.

قال في كشاف القناع: ( ويجوز تقديمها ) أي الفطرة قبل العيد بيوم أو يومين نص عليه لقول ابن عمر ” كانوا يعطون قبل العيد بيوم أو يومين رواه البخاري ( فقط ) فلا تجزئ قبله بأكثر من يومين لفوات الإغناء المأمور به في قوله صلى الله عليه وسلم { أغنوهم عن الطلب هذا اليوم } رواه الدارقطني من رواية أبي معشر وفيه كلام من حديث ابن عمر .

Imam Mansur ibn Yunus Al-Buhuti, may Allah have mercy upon him, exegeted in Showing Satiation the Commentary on the Satisfaction:[3] “It is permitted to discharge the Zakat ul-Fitr before the `Eid by one or two days as explicitly mentioned by the Imam, Ahmad ibn Hanbal[4] as per the statement of Ibn `Umar[5]  who remarked, ‘They used to give Zakat ul-Fitr one or two days before the `Eid’. And this is collected by Imam Al-Bukhari alone. It is not permitted to discharge the Zakah more than two days before as this is missing the enrichment commanded with in the words of the Prophet, peace and blessings of Allah be upon him, said, ‘So enrich them from that which is sought on this day’. And this is collected by Imam Ad-Daraqutni[6]  from the narrative of Abu Ma`shar and there is also some wording from the statement in the hadith of Ibn `Umar”.

(وقت وجوب وهو: ليلة العيد بعد الغروب)

The Time that discharging the Zakat ul-Fitr becomes wajib,[7]  which is the night of `Eid ul-Fitr which comes after sunset

قال في شرح المنتهى: (ولا تجب) فطرة (إلا بدخول ليلة) عيد (الفطر) لأنها أضيفت في الأخبار إلى الفطر ، والإضافة تقتضي الاختصاص والسببية ، وأول زمن يقع فيه الفطر من جميع رمضان.

Imam Mansur ibn Yunus Al-Buhuti, may Allah have mercy upon him, mentioned in his Commentary on the Uttermost Boundary: [8] “It is not wajib to discharge the Zakat ul-Fitr except at the entrance of the night of the `Eid ul-Fitr as this is what is referenced in the narrations and clearly indicated. And that which causes the matter to become compulsory is the timing and this represents its cause. The first of the time of fitr where Zakat ul-Fitr becomes compulsory is when all of Ramadan has left”.

قال في كشاف القناع: (وتجب) زكاة الفطر (بغروب شمس ليلة عيد) (الفطر) لقول ابن عباس {فرض النبي صلى الله عليه وسلم صدقة الفطر طهرة للصائم من اللغو والرفث وطعمة للمساكين} رواه أبو داود والحاكم وقال على شرط البخاري ، فأضاف الصدقة إلى الفطر فكانت واجبة به ، لأن الإضافة تقتضي الاختصاص ، وأول فطر يقع من جميع رمضان بمغيب الشمس من ليلة الفطر.

Imam Mansur ibn Yunus Al-Buhuti, may Allah have mercy upon him, discussed in Showing Satiation: The Commentary on the Satisfaction:[9] “It is wajib to discharge the Zakat ul-Fitr at sunset on the night of `Eid ul-Fitr as per the statement of Ibn `Abbas, may Allah be pleased with him, ‘The Prophet, peace and blessings of Allah be upon him, declared Sadaqat ul-Fitr compulsory the time when the one that had sawm had finished from that and it is a purification for the one that had made sawm from wrongful speech, obscenity and bad manners and it is discharged to the needy’. And this is collected by Imams Abu Dawud[10] and Al-Hakim,[11] who said, ‘This hadith is sahih according to the conditions set by Imam Al-Bukhari’. So the sadaqah given is connected to the breaking of the sawm and is wajib to be done as a purification as it has specifically been indicated and mentioned explicitly. The first of Fitr is when all of Ramadan has finished and this is when the sun has set on the night of `Eid ul-Fitr”.

(وقت الفضيلة: وهو قبل خروجه للمصلى)

The virtuous time[12] to discharge Zakat ul-Fitr, which is before heading out to the place of salah for `Eid ul-Fitr

قال في شرح المنتهى: (والأفضل إخراجها) أي : الفطرة (يوم العيد قبل صلاته) لأنه صلى الله عليه وسلم {أمر بها أن تؤدى قبل خروج الناس إلى الصلاة} في حديث ابن عمر ، وقال في حديث ابن عباس {من أداها قبل الصلاة فهي زكاة مقبولة ومن أداها بعد الصلاة فهي صدقة من الصدقات} [ص: 442] (أو) مضى ( قدرها ) أي صلاة العيد حيث لا تصلى .

Imam Mansur ibn Yunus Al-Buhuti, may Allah have mercy upon him, said in his Commentary on the Uttermost Boundary:[13]  “The most virtuous time for discharging Zakat ul-Fitr is the day of the `Eid before his salah as the Prophet, peace and blessings of Allah be upon him, commanded that the Zakat ul-Fitr be discharged before the people head out for the salah. And this is mentioned in the hadith of Ibn `Umar. And in the hadith of Ibn `Abbas,[14] the Prophet, peace and blessings of Allah be upon him, discharged the Zakat ul-Fitr before the salah which is accepted. And whoever discharged it after the salah, it is sadaqah as well. This means that he has done so after the time of Salat ul-`Eid which should not be done but is valid.

قال في كشاف القناع: (والأفضل: إخراجها) أي الفطرة (يوم العيد قبل الصلاة أو قدرها) في موضع لا يصلى فيه العيد لأنه صلى الله عليه وسلم أمر بها أن تؤدى قبل خروج الناس إلى الصلاة” في حديث ابن عمر وقال جمع: الأفضل أن يخرجها إذا خرج إلى المصلى .

Imam Mansur ibn Yunus Al-Buhuti, may Allah have mercy upon him, commented in Showing Satiation: The Commentary on the Satisfaction:[15] “The best option is to discharge Zakat ul-Fitr on the day of `Eid before salah or around that time at the place in which one does not make salah. This is the case as the Prophet, peace and blessings of Allah be upon him, commanded the Zakat ul-Fitr to be discharged before the people head to the salah. And this is the hadith of Ibn `Umar. And a body of scholars have also said that the best time is to discharge the Zakat ul-Fitr when he is headed out to the place of salah for `Eid”.

(وقت كراهة وهو: بعد خروجه الى مصلى العيد في سائر اليوم)

The time that is disliked[16] to discharge Zakat ul-Fitr, which is after the worshipper has gone to the place of salah for `Eid at the rest of the day

قال في شرح المنتهى: (وتكره في باقيه) أي : يوم العيد بعد الصلاة خروجا من الخلاف في تحريمها .

Imam Mansur ibn Yunus Al-Buhuti, may Allah have mercy upon him, explained in Commentary on the Uttermost Boundary:[17] And it is disliked to discharge the Zakat ul-Fitr at the remainder of the day after the salah and thus one should avoid this in order to leave from the difference of opinion that could lead one to fall into the impermissible.

قال في كشاف القناع: (ويجوز) إخراجها (في سائره) أي باقي يوم العيد لحصول الإغناء المأمور به (مع الكراهة) لمخالفته الأمر بالإخراج قبل الخروج إلى المصلى.

Imam Mansur ibn Yunus Al-Buhuti, may Allah have mercy upon him, elucidated in Showing Satiation: The Commentary on the Satisfaction:[18]  “It is permitted to discharge the Zakat ul-Fitr the remainder of the day of `Eid in order that those commanded be enriched with the wealth should receive it. Doing it this time is permitted although disliked due to the fact that he is running contrary to the command to discharge it before heading out to the place of salah”.

(وقت حرمة وهو بعد غروب يوم الفطر)

The time that it is impermissible[19]  to discharge it, which is after sunset on the day of `Eid ul-Fitr

قال في شرح المنتهى: ( ويأثم مؤخرها عنه ) أي يوم العيد ; لجوازها فيه كله لحديث {أغنوهم في هذا اليوم} وهو عام في جميعه . {وكان صلى الله عليه وسلم يقسمها بين مستحقيها بعد الصلاة} فدل على أن الأمر بتقديمها على الصلاة للاستحباب .

Imam Mansur ibn Yunus Al-Buhuti, may Allah have mercy upon him, uttered in Commentary on the Uttermost Boundary:[20] And it is sinful to delay discharging Zakat ul-Fitr until after the day of `Eid ul-Fitr when it is clearly established that it is permitted to discharge it the entirety of its day. And this is based upon the hadith ‘So enrich them from that which is sought on this day’. And this hadith is general regarding the entirety of the day. And the Prophet, peace and blessings of Allah be upon him, used to divide up the Zakat ul-Fitr among those deserving of it after the salah. This indicates that the command giving precedence to discharging it before heading to the salah is a command of praiseworthiness and not of a compulsory nature.

قال في كشاف القناع: ( فإن أخرها عنه ) أي عن يوم العيد ( أثم ) لتأخيره الواجب عن وقته ، ولمخالفته الأمر.

Imam Mansur ibn Yunus Al-Buhuti, may Allah have mercy upon him, declared in Showing Satiation: The Commentary on the Satisfaction:[21]  “If the worshipper delayed discharging Zakat ul-Fitr past the day of `Eid, he has committed a sin due to delaying that which is wajib from its time and contradicting the command”.

(وجوب قضاء زكاة الفطر بعد مضي وقتها)

It is wajib to make qada’ of Zakat ul-Fitr after its time has passed

قال في شرح المنتهى: ( ويقضي) من أخرها عن يوم العيد فتكون قضاء.

Imam Mansur ibn Yunus Al-Buhuti, may Allah have mercy upon him, remarked in Commentary on the Uttermost Boundary:[22] “Whoever delayed the Zakat ul-Fitr past the day of the `Eid, it has thus become make up and outside of its time”.

وقال في كشاف القناع: (وعليه القضاء) لأنها عبادة فلم تسقط بخروج الوقت.

Imam Mansur ibn Yunus Al-Buhuti, may Allah have mercy upon him, expounded in Showing Satiation: The Commentary on the Satisfaction:[23] “And when one has delayed the Zakat ul-Fitr from its time, it has become make up and outside of its time. It is to be made up as it is a kind of worship and it is not lifted by the mere exit of the time for it to be discharged”.

كتبه أبو الأمين آل جراح الحنبلي

As written by Abul Ayman Aal Jarrah Al-Hanbali

29/ رمضان / 1439 هجرية

29 Ramadan 1439


[1] d.1051 (AD1656). He is Abus-Sa`adat Mansur ibn Yunus ibn Salah ud-Din ibn Hasan ibn Ahmad ibn `Ali Al-Buhuti. Egyptian marja` and one of the depended upon sources in the Hanbali School in the later age, he studied with premier scholars of Sham, such as Imams Yahya Al-Hajjawi and others. He became the leading Hanbali scholar in Egypt, even outranking the senior Subki, Futuhi and Sa`di families in importance. He wrote five large works in fiqh and smaller texts on selected topics. The Imam, Sulaiman ibn `Ali (d.1079 (AD1674), when he learned that Al-Buhuti had penned his fiqh text, Ar-Rawd ul-Murbi`, burned his own text and told all his students in Najd to follow the Imam. Please see Ibn Humaid’s As-Suhub ul-Wabilah, pp.472-474

[2] Ar.Daqa’iq Uwl in-Nuha fi Sharh il-Muntaha

[3] Ar.Kash-shaf ul-Qina` `an Matan il-Iqna`

[4] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition to having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. Please see Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal, pp.5-17;58-124

[5] d.73 (AD695). He is Abu `Abdir-Rahman `Abdullah ibn `Umar ibn Al-Khattab Al-Qurshi Al-`Adawi Al-Makki. One of the early Muslims who entered Islam with his father before adulthood, he also made the Hijrah. He was too young for the Battle of Uhud but thereafter attended every other battle with the Prophet, peace and blessings of Allah be upon him. He narrated 1,630 ahadith from the Prophet, peace and blessings of Allah be upon him, to his students. He would later die in Makkah three months after the martyrdom of `Abdullah ibn Az-Zubair. cf. Al-Maqdisi’s Al-Kamal, vol.1, pp.342-344

[6] 306-385 (AD1016-1095). He is Abul Hasan `Ali ibn `Umar ibn Ahmad ibn Mahdi Al-Baghdadi Ash-Shafi`ii. Shaikh ul-Islam, highest luminary, chief hadith scholar and reciter, referred to as Leader of the Believers in Hadith by Abut-Tayyib At-Tabari, he was known as Ad-Daraqutni due to his being domiciled in the part of Baghdad where cotton was treated and manufactured. In his youth, he sat and learned hadith from grand Imams like Abul Qasim Al-Baghawi, Abu Bakr ibn Abi Dawud, Yahya ibn Muhammad ibn Saa`id and many more. Ad-Daraqutni famously said, “There is nothing more despised to me than speculative theology”. The Imam had many famous students, including Abu Hazim ibn Al-Farra’, the brother of the Imam, Al-Qadi Abu Ya`la Al-Baghdadi (d.458). His death on Thursday 21 Dhul Qa`dah is recorded by the historian Al-Khatib Al-Baghdadi (d.463) as among the major events of that year.cf.Adh-Dhahabi in Siyar, vol.16, pp.450-461

[7] Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “So wajib entails what is necessary to carry out and what is blameworthy – according to the Revealed Law – to abandon in any sense, meaning at all times”. cf. Ibn Badran in Al-Madkhal, pp.146-147

[8] Ar.Daqa’iq Uwl in-Nuha fi Sharh il-Muntaha

[9] Ar.Kash-shaf ul-Qina` `an Matan il-Iqna`

[10] 210-275 (AD824-889). He is Abu Dawud Sulaiman ibn Ash`ath As-Sijistani. One of the great Imams of Hadith and one of the main scholars of the school after the Imam, his As-Sunan is one of the most important books of hadith for its authenticity, brevity and discussion on the transmitters. Please see the oldest collected biography on Abu Dawud: Abul Hussain in Tabaqat ul-Hanabilah, vol.1, pp.153-155

[11] 321-405 (AD930-1014). He is Abu `Abdillah Muhammad ibn `Abdullah ibn Muhammad ibn Hamdawaih ibn Na`im ibn Al-Hakim An-Naisaburi Ash-Shafi`ii At-Tahmani. Known commonly as Al-Hakim, he was called the Shaikh of the Muhaddithin, the Imam, the senior scholar, the memoriser and the trustworthy narrator. He authored his work Al-Mustadrak near the end of his life just after the death of Ad-Daraqutni. cf.Adh-Dhahabi in Siyar, vol.17, pp.163-177

[12] Ar.mustahabb. Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “The praiseworthy – according to the Revealed Law – is that which if one does it, he is rewarded while if he was to abandon it, he is not punished in any sense, whether it is abandoned for something else or not”. cf.Ibn Badran in Al-Madkhal, pp.151-152

[13] Ar.Daqa’iq Uwl in-Nuha fi Sharh il-Muntaha

[14] d.68 (AD690). He is Abul `Abbas `Abdullah ibn Al-`Abbas ibn `Abdul Muttalib. Scholar of tafsir, fiqh and the foremost commentator on the Qur’an, he narrated numerous ahadith and was a well reverenced Companion and also the first cousin of the Prophet Muhammad, peace and blessings of Allah be upon him. cf.Al-Maqdisi’s Al-Kamal, vol.1, pp.338-339.

[15] Ar.Kash-shaf ul-Qina` `an Matan il-Iqna`

[16] Ar.makruh. Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “So the disliked is the opposite of the praiseworthy. The praiseworthy is that which has been commanded – according to the Revealed Law – but not in an emphatic sense to necessitate it being compulsory. That which is disliked has been forbidden but not emphatically so to necessitate it being impermissible. So the one who so abandons this deed receives praise while the committer of the action is not receiving censure”. Al-Madkhal, pp.153-155

[17] Ar.Daqa’iq Uwl in-Nuha fi Sharh il-Muntaha

[18] Ar.Kash-shaf ul-Qina` `an Matan il-Iqna`

[19] Ar.haram. Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “The impermissible is the opposite of the compulsory and taken from the same root word that signifies the inviolate nature of the thing. This word refers to what is not permitted to come near. In the Revealed Law, this word signifies that which if someone did, said or intended in the heart an affair, he is to be censured as that matter is blameworthy”. Al-Madkhal, pp.153-155

[20] Ar.Daqa’iq Uwl in-Nuha fi Sharh il-Muntaha

[21] Ar.Kash-shaf ul-Qina` `an Matan il-Iqna`

[22] Ar.Daqa’iq Uwl in-Nuha fi Sharh il-Muntaha

[23] Ar.Kash-shaf ul-Qina` `an Matan il-Iqna`

28 RAMADAN 1443: BRANCH ISSUES AND AVOIDING DEBATE AND TAKFIR

القول بالكلام النفسي وبصفة التكوين وبالصوت والحرف = ليس من الأصول:

The Discussion[1] about Kalam Nafsi,[2] the Attribute of At-Takwin (Creation)[3] and Harf[4] and Sawt[5] is not an issue of Foundational Religion[6]

قال العلامة المرجاني الحنفي في حاشيته على شرح العقائد العضدية للدواني ص19:

The senior scholar, Al-Marjani Al-Hanafi,[7] mentioned in his Cliffnotes on Ad-Dawwani’s[8] Commentary on the Detailed Doctrines of `Adud ud-Din,[9] p.19:

“وأما الاختلاف في جواز تقسيم الصفات إلى صفات الذات وإلى صفات الأفعال وجواز تسمية صفة الكلام القائمة بذاته تعالى بالكلام النفسي والنظم المخصوص المتلو المعجز بالكلام اللفظي كما ذهب إليه الأشاعرة أو عدم جواز هذه الإطلاقات كما ذهب إليه الحنفية وتسمية الصفات التي يسميها الأشاعرة بصفات الأفعال باسم التكوين كما ذهب إليه حنفية ما وراء النهر من أتباع أبي منصور الماتريدي أو منعها كما ذهب إليها جمهور الحنفية من العراقيين وغيرهم .. وأمثال ذلك = فهي مخالفة غير معتد بها في الأصول”.

As far as the difference of opinion in the permissibility of categorising the Attributes into Attributes of Essence and Attributes of Action, the permissibility of naming the Attribute of Speech as being established in the Essence, Exalted be He, as kalam nafsi and the recited words being incompatible with kalam nafsi and similar things to that. This is a difference of opinion that is not numbered as Foundational Matters of the Religion.[10] The position that the kalam nafsi is established in the Essence and is incompatible with recited words is held by the Ash`aris while the Hanafis do not consider these classifications as permitted. The Hanafis also have named the Attributes referred to as Attributes of Action by Ash`aris to be Creation. And this is also held by all the Hanafis beyond the two rivers[11] from the followers of Abu Mansur Al-Maturidi.[12] The vast majority of Hanafis from Iraq and other places forbid these classifications.

قلت: وكذا القول بالصوت والحرف عند الحنابلة.. والله أعلم.

And I would say that the same thing holds for the discussion around harf and sawt according to the Hanbalis. And Allah knows best.

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] The discussion around this topic, when texts are not being denied or Attributes explained away or the like, is not one in which people should understand is from the Foundational Matters of the Religion. And the Foundational Matters (Ar.Usul ud-Din) or the theology (Ar.I`tiqad) And yet in the English speaking world, those that would call themselves “shaykhs” or “following the real Islam” would have us see it as just that, opening fire with the machine gun of takfir on the rank and file of Muslim Orthodoxy and insisting that those who did not make takfir are likewise eligible to receive the same takfir.

[2] This is the understanding that the Attribute of Speech (Ar.kalam) is indeed an Attribute of Allah in His Essence and thus cannot be grasped. Therefore, the advocates reason, the letters and sounds of the Revelation are not this speech but rather the speech is behind or under that. And this is heavily advocated by the Ash`aris.

[3] Thus there are fourteen Attributes that Allah has mentioned in the Qur’an more than the others that differentiate Him from false gods. Creating out of nothing (Ar.At-Takwin or Al-Khalq) in one of the fourteen. Some would consider creating out of nothing as part of the Power of Allah (Ar.qudrah) and thus part of this Attribute. While the numerous of the 14 Attributes is the understanding of the vast majority, 13 is also fine as all involved are affirming the same attributes, the only distinction being the classification. This is not an issue of Kufr and Iman, in spite of what sandal wearing “shaykhs” and “akees” with their rotten teeth and miswaks might say.

[4] This is the understanding that Allah indeed spoke the Revelation to those he sent it to.

[5] This is the understanding that the one that received the Revelation indeed heard it.

[6] Ar.Usul ud-Din

[7] 1233-1306 (AD1818-1889). He is Shihab ud-Din ibn Baha’ ud-Din ibn Subhan ibn `Abdul Karim Al-Marjani Al-Qazani. Historian, scholar of his time, Ash`ari scholar and fiqh scholar, at the age of 33 he was given Imamate and Qadiship in Qazan. He left behind a number of works on diverse topics, including a commentary on Nasafi’s Creed. cf.Az-Zirikli’s Al-A`lam, vol.3, pp.175-178

[8] 830-918 (AD1427-1512). He is Jalal ud-Din Muhammad ibn As`ad Ad-Dawwani. Persian poet, theologian, Sufi, philosopher, Shafi`ii fiqh scholar, he is the author of numerous works, in particular works connected to theology. cf.Ibn ul-`Imad in Shadharat udh-Dhahab, vol.7, pp.159-160

[9] 708-756 (AD1307-1356). He is `Adud ud-Din Abul Fadl `Abdur-Rahman ibn Ahmad ibn `Abdul Ghaffar Al-Ieji Ash-Shirazi. Theologian, Shafi`ii fiqh teacher, commentator on the Qur’an, he was one of the great scholars of his time and a teacher to Sa`d ud-Din At-Taftazaani (722-792). He is one of the senior scholars of the Ash`aris of his time and wrote works on theology. cf.Ibn ul-`Imad’s Shadharat udh-Dhahab, vol.6, pp.173-174

[10] Ar.Usul ud-Din

[11] lit. “land between two rivers” (Eng.Mesopotamia), which is an old name for undivided `Iraq.

[12] 238-333 (AD852-944). He is Muhammad ibn Muhammad ibn Muhammad Al-Maturidi As-Samarqandi Al-Hanafi. Referred to down the ages as the Leader of Guidance, the theologian and other titles, he was a direct descendant of the Companion, Abu Ayyub Al-Ansari, may Allah be pleased with him. He studied in Central Asia’s finest seminaries and was persecuted constantly when he began preaching against the Mu`tazilah cult. His message stood the test of time and he left behind some ten books that are studied in seminaries to this day. Please see Al-Maturidi’s Kitabut-Tawhid: Muqaddimah, pp.9-26

27 RAMADAN 1443: READING FROM THE MUSHAF IN TARAWIH OR IN SALAH IN GENERAL

فتاوى رمضانية

Ramadan Fatawa

يجوز للإمام القراءة من المصحف في التراويح:

It is permitted for the imam of salah to recite from the mushaf in Salat ut-Tarawih:

قال في المنتهى وشرحه 1/ 211: “يجوز للمصلي قراءة في المصحف، ونظر فيه.

Imams Al-Karmi[1] and Al-Buhuti,[2]  may Allah have mercy upon both of them, said: “It is permitted for the worshipper to recite from the mushaf in the salah and look at it”.[3] 

قال أحمد: لا بأس أن يصلي بالناس القيام وهو ينظر في المصحف، قيل له: الفريضة؟ قال: لم أسمع فيها شيئا. وسئل الزهري عن رجل يقرأ في رمضان في المصحف، فقال: كان خيارنا يقرءون في المصاحف”.

They further said, “The Imam, Ahmad ibn Hanbal,[4] may Allah be pleased with him, stated, ‘There is no harm in the worshipper standing in salah as imam and looking in the mushaf and reading from it’. Someone said to him, ‘Even in the compulsory salah?’ He said, ‘I have not heard anything about that’.[5] Imam Az-Zuhri[6] was asked about a man reciting in the mushaf in Tarawih in the month of Ramadan. He said, ‘The best of us used to recite from the mushafs in the salah’.” [7]

وقال البهوتي في الكشاف: ” والفرض والنفل سواء قاله ابن حامد”.

Imam Al-Buhuti, may Allah have mercy upon him, mentioned in Al-Kash-shaf: “In terms of reciting from the mushaf in the compulsory and optional salah, the ruling is the same, meaning permissibility. And this is what was mentioned by Ibn Hamid.[8]

قلت: ومثله القراءة عن صحيفة في الخطبة، انظر: كشاف القناع 2/ 32.

“And I would say that similar to this is reciting from a page in the khutbah for Jumu`ah”.[9]

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] d.1033 (AD1623). He is Mar`ii ibn Yusuf ibn Abi Bakr ibn Ahmad ibn Abi Bakr Al-Karmi. Considered by his peers to be a master of all sciences, this Palestinian marja` was the premier scholar of Egypt in his time but studied with the great scholars of Sham as well. Although concentrating his energies on creed and fiqh, he covered many of the most trying issues of his time, such as the widespread use of coffee and cigarettes. He was renowned as a defender of righteousness and an enemy to sin. cf.Ibn Humaid’s As-Suhub ul-Wabilah, pp.463-467.

[2] d.1051 (AD1656). He is Abus-Sa`adat Mansur ibn Yunus ibn Salah ud-Din ibn Hasan ibn Ahmad ibn `Ali Al-Buhuti. Egyptian marja` and one of the depended upon sources in the Hanbali School in the later age, he studied with premier scholars of Sham, such as Imams Yahya Al-Hajjawi and others. He became the leading Hanbali scholar in Egypt, even outranking the senior Subki, Futuhi and Sa`di families in importance. He wrote five large works in fiqh and smaller texts on selected topics. The Imam, Sulaiman ibn `Ali (d.1079 (AD1674), when he learned that Al-Buhuti had penned his fiqh text, Ar-Rawd ul-Murbi`, burned his own text and told all his students in Najd to follow the Imam. Please see Ibn Humaid’s As-Suhub ul-Wabilah, pp.472-474

[3] Daqa’iq Uwl in-Nuha, vol.1, pp.210-211

[4] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition to having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. Please see Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal, pp.5-17;58-124

[5] This means that he did not hear anything about the distinction in the matter from anyone and that it is absolute.

[6] d.124 (AD742). He is Abu Bakr Muhammad ibn Muslim ibn `Ubaidullah ibn `Abdullah ibn Shihab Al-Qurshi Az-Zuhri. Reliable faqih, trustworthy, hadith memoriser who took from Ibn `Umar, Sahl ibn Sa`d, Anas ibn Malik and a large body of other senior Companions, he lived and taught in Sham for a period of time. Students of his include `Umar ibn `Abdul `Azizi, `Ata’ ibn Abi Rabah, Sufyan ibn `Uyainah, Muhammad ibn Al-Munkadir and others. He would later die at some 72 years of age. The Jama`ah narrate his ahadtih.cf.Al-Maqdisi in Al-Kamal, vol.2, pp.395-401

[7] Daqa’iq Uwl in-Nuha, vol.1, pp.210-211

[8] d.403 (AD1017). He is Abu `Abdillah Al-Hasan ibn Hamid ibn `Ali ibn Marwan Al-Baghdadi. Imam of the Hanbalis in his time, their teacher and mufti, he made a number of texts in different sciences in addition to having texts in the Madhhab that reach some 400 volumes. He has also made a commentary on the Mukhtasar of Al-Khiraqi as well as in the subjects of Usul ud-Din and Usul ul-Fiqh. When he left for Hajj in the year 402, he was asked in the event that he died who they should follow. He pointed to a young man and this was Al-Qadi Abu Ya`la Al-Baghdadi (d.458). cf.Abul Hussain’s Tabaqat ul-Hanabilah, vol.2, pp.145-151

[9] Kash-shaf ul-Qina`, vol.2, pp.31-32

26 RAMADAN 1443: THE AHADITH ON HOSPITALITY IS NOW AVAILABLE FOR ORDER

Last years Ramadan text, The Ahadith on Hospitality is now available here for those who would like to order. And may Allah richly bless those who were involved with it and those who might take benefit from it today.

Until next time,

Al-Hajj Abu Ja`far Al-Hanbali

25 RAMADAN 1443: SHAIKH MUSTAFA HAMDU `ULAYYAN’S MESSAGE FROM HIS I`TIKAF IN AL-MASJID UL-AQSA

حفظ الله إخواننا آهل الرباط في المسجد الأقصى المبارك وفي بيت المقدس وأكناف بيت المقدس

May Allah preserve our brothers maintaining their stance in the blessed Al-Masjid ul-Aqsa, in Jerusalem and the environs around the Holy Land.

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan

24 RAMADAN 1443: I`TIKAF AND ITS AFFAIR

من أحكام الاعتكاف:

Important Rulings regarding I`tikaf

١- الاعتكاف يبدأ من قبل المغرب عند الأئمة الأربعة.

One: I`tikaf[1] begins before Maghrib according to the Four Imams.

٢- لا يجوز الاعتكاف إلا في مسجد جامع.

Two: I`tikaf is not permitted except in a Central Masjid.[2]

٣- لا اعتكاف إلا بصيام عند أبي حنيفة ومالك والأوزاعي والثوري، ولا يشترط الصيام عند الشافعي وأحمد وإسحق.

Three: There is i`tikaf except with siyam according to the Imams Abu Hanifah,[3]  Malik ibn Anas,[4] Al-Awza`ii[5] and Ath-Thawri[6] while siyam is not a condition according to Imams Ash-Shafi`ii,[7]  Ahmad[8]  and Ishaq ibn Rahuwaih.[9]

٤- الاعتكاف مستحب عند جمهور العلماء إلا ما روي عن مالك في أنه كالوصال..

Four: I`tikaf is praiseworthy according the vast majority with the exception of what was related from Imam Malik ibn Anas in which he said carrying out i`tikaf is like making siyam consecutively without break.[10]

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] Imam Baha’ ud-Din Al-Maqdisi (d.624), may Allah have mercy upon him, said, “I`tikaf in the Revealed Law means one is resident in a masjid as an act of obedience to Allah. And this is a Sunnah as the Prophet, peace and blessings of Allah be upon him, regularly did so and so did his wives with him which is the definition of the Sunnah. `A’ishah said, ‘The Messenger of Allah, peace and blessings of Allah be upon him, used to make i`tikaf in the last ten nights of Ramadan until the day that Allah brought him back to Him. His wives then carried out making i`tikaf after his time’. And this is agreed upon by Imams Al-Bukhari and Muslim”.cf.Al-`Uddah Sharh ul-`Umdah, pp.213-214

[2] Imam Baha’ ud-Din Al-Maqdisi (d.624), may Allah have mercy upon him, said of this, “It is conditioned that i`tikaf has to be in a masjid in which the congregational salah are established in as the congregational salah is wajib for the men so his i`tikaf in a masjid in which congregational salah is not established leads to him having to exit to go to a masjid with that. This causes this to happen frequently so staying in a Central Masjid is a safeguard from that and to safeguard the i`tikaf”. cf.Al-`Uddah Sharh ul-`Umdah, pp.213-214

[3] 80-150 (AD699-767). He is Abu Hanifah An-Nu`man ibn Thabit Al-Kufi. Follower of the Companions, Imam `Ali made supplication for him when his father presented him to him. He also saw Anas ibn Malik and a few other Companions. He would later become a star pupil of many teachers in the city of Al-Kufah and come to organise its principles and methods, thus today bearing the name “The Hanafi School”. He was the first to organise the fiqh books starting from the Chapter of Water to the Chapter of Witnesses. Imam Ash-Shafi`ii said that all people of fiqh are his children due to his organisation of fiqh books. He died a martyr after being poisoned by `Abbasid authorities. cf.Adh-Dhahabi in Siyar, vol.6, pp.391-403    

[4] d.179 (AD801). He is Malik ibn Anas ibn Malik ibn Abi `Amir Al-Madani, the Imam of Makkah and Al-Madinah and the collector and Imam of that school. His Muwatta’ remains a classic and possesses chains of transmission that scholars vie for in their books. Al-Imam Malik: Dar ul-Hijrah by Imam `Abdul Ghani Ad-Daqar, pp.20-27.

[5] d.57 (AD677). He is Abu `Amr `Abdur-Rahman ibn `Amr ibn Yuhmad Al-Awza`ii. He is one of the grand memorisers and was born in the time of the Companions teaching all across the Muslim world. Please see At-Tarikh ul-Kabir, vol.5, pp.324-326.

[6] 97-161 (AD717-781). He is Abu `Abdillah Sufyan ibn Sa`id ibn Masruq ibn Habib At-Taymi Al-Kufi. Imam, Al-Mujtahid, Shaikh ul-Islam, Al-Hafiz, Head over scholars in his time, he was one of the forty qadis on Imam Abu Hanifah’s panel and wrote the book Al-Jami`. The number of his teachers exceeded 600. cf.Adh-Dhahabi’s Siyar, vol.7, pp.230-234

[7] 150-204 (AD767-820). He Abu `Abdullah Muhammad ibn Idris ibn Al-`Abbas Ash-Shafi`ii Al-Muttalibi. Collector of the principles of the Shafi`ii Legal School, he wrote more than five pioneering works in the Principles of Fiqh and its subdisciplines. Some of his greatest students include Abu Ibrahim Al-Muzani and Az-Za`farani. Please see Al-Hussain’s Tabaqat ul-Hanabilah, vol.1, pp.260-262

[8] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. Please see Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17; 58-124

[9] 161- 238 (AD778-853). He is Abu Ya`qub Ishaq ibn Rahuwaih. Great Imam, Leader of the Memorisers of his time, Shaikh of the East, he had elite teachers such as Ibn Al-Mubarak, Al-Fudail ibn `Iyad, `Isa ibn Yunus, Sufyan ibn `Uyainah, Waki` ibn Al-Jarrah and many others. He was born, lived in and died in his native Naisabur although he was well travelled and visited many different teachers. He was asked who was greater in age, him or Ahmad ibn Hanbal, to which he replied, “Ahmad is greater than me in age and other than that”. cf.Adh-Dhahabi’s Siyar, vol.11, pp.359-371

[10] Meaning that it is disliked and something that was peculiar to the Prophet Muhammad, peace and blessings of Allah be upon him. And this is one of this rulings.

23 RAMADAN 1443: TAHIYYAT UL-MASJID AND ITS APPLICATION

الحالات التي لا يسن فيها تحية المسجد:

Times in which it is not the Sunnah to make the Tahiyyat ul-Masjid[1]

١- أن لا يكون في وقت نهي إلا إذا دخل والإمام يخطب الجمعة فيسن ويوجز فيهما.

One: When it is a forbidden time of salah the exception to this rule being when he has entered the Masjid and the Imam is giving the khutbah for the Jumu`ah. In this case it is the sunnah for him to make them.[2]

٢- بعد شروع في الإقامة فإن صلى ثم شُرع في الإقامة لم يقطعهما وأوجز.

Two: After the Iqamah has been made. If he is making the tahiyyat ul-masjid and then the Iqamah begins, he should not break these two rak`ah but instead continue and complete them in a timely manner.[3]

٣- من دخل لصلاة العيد.

Three: Whoever came into the Masjid for Salat ul-`Eid.[4]

٤- أن يسهو فيجلس ويطول الفصل فإن لم يطل الفصل قام فأتى بهما.

Four: If he forgot to do them and sat and a long period of time has passed. If this was not the case, then he should stand and make them.

٥- أن لا يكون المسجد الحرام لأن تحيته الطواف..

Five: The worshipper is in Al-Masjid ul-Haram. This is because the Tahiyyat ul-Masjid for Al-Masjid ul-Haram is to carry out the tawaf.[5]

٦- أن لا يكون قيم المسجد ويتكرر دخوله لمصلحة. وقياسه كل من يتكرر دخوله لحاجة كمن يدخل لتصليح شيء .

Six: He is not established in the Masjid for a fixed time, but rather he has to come in and out for some affair of rectification. The analogy on this is that this individual is obliged to come in and out of the masjid in one day for some need to rectify something. This one need not repeat tahiyyat ul-masjid.[6]

٧- أن لا يكون حال الأذان لأن السنة أن يردد معه..

Seven: The Adhan is being made. At that time, he should be repeating the words of the Adhan with the mu’adh-dhin.[7]

حاشية الخلوتي على المنتهى

And this was mentioned by Imam Al-Khalwati in his Cliffnotes on the Uttermost Boundary.[8]

مصطفى عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] Two Rak`ah of Greeting the Masjid. These two rak`ah are made when one first enters the masjid and before he sits down.

[2] Imam Mansur ibn Yunus Al-Buhuti (d.1051), may Allah have mercy upon him, explains in detail, “It is permissible to make qada’ of compulsory prayers in the forbidden times due to the general nature in the statement of the Messenger of Allah, peace and blessings of Allah be upon him, ‘Whoever slept and passed by a prayer or he forgot it, let him pray it when he remembers’. This is agreed upon by Imams Al-Bukhari and Muslim. It is also permissible to make any prayers where he made an oath as this is something that is wajib to complete and must be done, irrespective of the time. One may also make the two raka`ah after tawaf of the Ka`bah as the Prophet, peace and blessings of Allah be upon him, said, ‘No one of you has been forbidden from from tawaf around this Sacred House and prayer in it at any hour that he wills to pray, whether that be in the night or the day’. This is collected by Imam At-Tirmidhi and classed by him as authentic. One may also repeat a prayer in congregation that has bene established when one is in the masjid due to what has been related by Yazid ibn Al-Aswad, ‘I prayed Fajr with the Prophet, peace and blessings of Allah be upon him, and upon his completetion of the prayer, there were two men that had not prayed with him. He said: What kept you from praying with us? They remarked: Messenger of Allah, we already prayed in our homes. He said, Do not do that. If you have prayed in your homes, then you come to the masjid while there is a congregational prayer in progress, then pray with them as this will be a nafl for you’. This is collected by Imam At-Tirmidhi and classed by hims as authentic”. cf. Ar-Rawd ul-Murbi` bi Sharhi Zad il-Mustaqni`, pp.105-106.

Further information was supplied by the same Imam when he said, “It is permissible to pray the Funeral Prayer after Fajr and `Asr besides the forbidden times mentioned as long as there is no fear upon the individual who might be doing it. This fear could lead to delay. It is impermissible to make optional prayers in the forbidden times – but this excludes repeating a congregational prayer, the two raka`ah after tawaf, the two raka`ah that are prayed before the fajr – as this is what we have explained previously. There are other prayers that one may make that are not connected to any time and would thus not be forbidden, such as the Greeting of the Masjid, the Sunnah of Wudu,’ the Sajdah of Recitation, prayer at a grave in the Funeral Prayer or the Absent Funeral Prayer, the Eclipse Prayer or even making qada’ of the ratibah. This is also the case for making up the ratibah of Zuhr after `Asr or when praying them after one has combined Zuhr and `Asr. All nafl outside of the exceptions mentioned cannot be considered valid in this time as none have been stipulated, even if someone did it out of ignorance. Again, the only exception to this is the Greeting of the Masjid when he has come in at the time of the khutbah of Jumu`ah, as this is permitted in all circumstances, as well as the two raka`ah when one enters Makkah and other associated prayers connected with these places and times that shall be covered”. Ar-Rawd ul-Murbi` bi Sharhi Zad il-Mustaqni`, pp. 105-106.

[3] Imam Muwaffaq ud-Din Ibn Qudamah (d.620), may Allah have mercy upon him, “If the congregational prayer is about to be established, the worshipper should not engage in any optional prayers. This is based upon the words of the Prophet, peace and blessings of Allah be upon him, ‘When the prayer is about to be established, then there is no prayer except that of the compulsory.’ This is collected by Imam Muslim. If the prayer is established and he is in an optional prayer, then he should continue on and complete his prayer unless he fears that the congregational prayer will come to an end before he completes it. In that case, he should break from his optional prayer and join the congregation. This is due to the fact that the compulsory prayer in congregation is more important than the optional prayer”. Al-Kafi fi Fiqh il-Imam Ahmad ibn Hanbal, vol.1, pp.207-208.

[4] Imam Baha’ ud-Din Al-Maqdisi (d.624), may Allah have mercy upon him, remarked: “This is based upon the narrative of Ibn `Abbas that the Prophet, peace and blessings of Allah be upon him, came out on the day of `Eid ul-Fitr and made two rak`ah of Salat ul-`Eid and made no salah before or after them”. And this is agreed upon by Imams Al-Bukhari and Muslim. And there is no harm in making two rak`ah after he has returned from the `Eid salah as per the narrative of Abu Sa`id Al-Khudri who said that the Messenger of Allah, peace and blessings of Allah be upon him, made no salah before Salat ul-`Eid. And then when he returned home, he would make two rak`ah. And this is collected by Imam Ibn Majah in his Sunan”. cf.Al-`Uddah Sharh ul-`Umdah, pp.148-149

[5] Imam `Abdul Ghani Al-Lubadi (d.1319), may Allah have mercy upon him, said the following: “The greeting of the Ka`bah is tawaf while the greeting for the masjid is the two rak`ah prayer. It is permissible to make the two raka`ah of greeting in the form of the two raka`ah after tawaf. Thus he does not begin with anything before tawaf as long as prayer is not being established in Al-Masjid ul-Haram. If the prayer is in progress, he is to pray and then thereafter start the tawaf”. cf.Dalil un-Nasik, pp.111-112

[6] This is due to the fact that entrance into the Masjid the one time and making tahiyyat ul-masjid suffices.

[7] This is taken from the hadith of the Prophet Muhammad, peace and blessings be upon him, when he said, “And when the caller to prayer says, ‘Come to prayer,’ you should say, ‘There is no power or might except in Allah.’ And when the caller to prayer says, ‘Come to success,’ then you are to say, ‘There is no power or might except Allah’.” Collected by Imam Muslim in his Al-Jami` us-Sahih, Book of Prayer, under the chapter of the Praiseworthiness of Saying the Same Thing as the Caller to Prayer to Whoever Heard Him, Then Sent Peace and Blessings on the Prophet, peace and blessings be upon him, Then Asked the Means for Him and classed by him as authentic.

[8] Ar.Hashiyat ul-Khalwati `al al-Muntaha.

22 RAMADAN 1443: ABUNDANT PEACE AND BLESSINGS BE SENT UPON THE PROPHET AND HIS HOUSEHOLD

قال الشيخ الكبير تقي الدين أبو بكر بن داود بن عيسى الصالحي (ت806ه)

The great shaikh, Taqi ud-Din Abu Bakr ibn Dawud ibn `Isa As-Salihi (d.806), may Allah have mercy upon him, declared:

اَللَّهُمَّ صَلِّ عَلَى مُحَمَّدٍ النَّبِيِّ الْأَمِّيِّ وَعَلَيْهِ السَّلَامُ،

Allah! Send peace and blessings upon Muhammad, the Unlettered Prophet and upon him be peace!

اَللَّهُمَّ اجْعَلْ صَلَوَاتِكَ وَبَرَكَاتِكَ عَلَى مُحَمَّدٍ كَمَا جَعَلْتَهَا عَلَى اِبْرَاهِيمَ إِنَّكَ حَمِيدٌ مَجِيدٌ،

Allah! Let your Peace and all manner of Blessings be upon Muhammad just as You did so for Ibrahim! Indeed You are Worthy of Praise, Majestic.

اَللَّهُمَّ اجْعَلْ صَلَوَاتِكَ وَبَرَكَاتِكَ وَرَأْفَتِكَ وَرَحْمَتِكَ عَلَى مُحَمَّدٍ حَبِيبِكَ وَصَفِيِّكَ وَعَلَى أَهْلِ بِيْتِهِ الطَّاهِرِينَ الطَّيِّبِينَ، وَرَضِيَ اللهُ عَنْ أَصْحَابِ رَسُولِ اللهِ أَجْمَعِينَ.

Allah! Let your Peace and all manner of Blessings, Tenderness and Mercy be upon Muhammad, Your Beloved, Your Pure Ally and upon his Pure and Wholesome People of the Household. And may Allah be pleased with all the Companions of the Messenger of Allah.

أخرجه: اليوم والليلة للصالحي

Source: Al-Yawma wal-Lailah by As-Salihi

21 RAMADAN 1443: RAMADAN AND REPELLING SEXUAL DESIRES

فتاوى رمضانية (14)

Ramadan Fatawa #14

هل يجوز لمن به شبق أن يجامع في نهار رمضان؟

Is it permitted for one to break his sawm by sexual intercourse in the daytime of Ramadan if for good medical reason he would suffer injury or greater harm?

لا يجوز لمن به شبق أن يجامع في نهار رمضان إلا إن خاف تشقق أنثييه أو مثانته، نص عليه الإمام أحمد والأصحاب، ثم يجب عليه أن يدفع ذلك بما هو دون الوطء، ويقضي ولا كفارة عليه،

It is not permitted for the who has a lust for sexual intercourse in the daytime of the month of Ramadan to break his sawm unless there is legitimate fear that harm will come to him in his genitals or body altogether.[1] And this is explicitly mentioned by the Imam, Ahmad ibn Hanbal[2] and the Companions of the School. In a case such as this, it is wajib[3] for him to offset that affair – but not through sexual intercourse[4]– and then he will make up the sawm but there is no expiation[5] upon him.

وسألت أحد شيوخنا عن هذه الحالة فقال: هذه الحالة حالة مرضية يستشار فيها طبيب ثقة. قلت: وهو الصحيح فإنهم نصوا (البهوتي والخلوتي) على أن هذا مرض، فلعل الطبيب يعطيه ما يعالجه.

I asked one of our Shaikhs about this situation and he said, “This is indeed a medical condition which should be assessed and diagnosed by a legitimate medical doctor”. I would say that indeed this is authentic as it was explicitly mentioned by Imams Al-Buhuti[6]  and Al-Khalwati[7] that this is an illness and it is possible the legitimate medical doctor could give him some type of treatment to alleviate that illness.

وهل إذا كانت الزوجة معها هذا المرض فهل حكمها كحكمه؟ الظاهر نعم فإنهم نصوا أن الشبق كالعنت وأن المستحاضة إن خافت العنت فحكمها حكمه، وهو قياس بنفي الفارق.

Is it the case that the wife who has this same condition as we mentioned about the husband caries the same ruling? The dominant statement is that this is indeed the case as Imams Al-Buhuti and Al-Khalwati explicitly mentioned that strong sexual lust that makes her desire fornication or the one with post cycle bleeding that gives her fear of fornication, then her ruling would be the same as the ruling given about the men. And this is an analogy that takes away and negates any dispute on the matter.

والله أعلم وأحكم.

And Allah is most knowledgeable and wise of the affair

مصطفى عليان.

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] This may be through some harm due to fluid build up or something that he brings upon himself through self harm due to severe medical condition at his own hands.

[2] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. Please see Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal, pp.5-17; 58-124

[3] Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “So wajib entails what is necessary to carry out and what is blameworthy – according to the Revealed Law – to abandon in any sense, meaning at all times”. cf.Al-Madkhal, pp.146-147

[4] As this would necessitate the expiation (Ar.kaffarah) in that regard in every instance barring rare and severe cases that have been treated in the books that cover these matters in detail. So other affairs, such as passionate kissing, fondling and heavy petting would be the affairs done.

[5] Ar.kaffarah

[6] d.1051 (AD1656). He is Abus-Sa`adat Mansur ibn Yunus ibn Salah ud-Din ibn Hasan ibn Ahmad ibn `Ali Al-Buhuti. Egyptian marja` and one of the depended upon sources in the Hanbali School in the later age, he studied with premier scholars of Sham, such as Imams Yahya Al-Hajjawi and others. He became the leading Hanbali scholar in Egypt, even outranking the senior Subki, Futuhi and Sa`di families in importance. He wrote five large works in fiqh and smaller texts on selected topics. The Imam, Sulaiman ibn `Ali (d.1079 (AD1674), when he learned that Al-Buhuti had penned his fiqh text, Ar-Rawd ul-Murbi`, burned his own text and told all his students in Najd to follow the Imam. Please see Ibn Humaid’s As-Suhub ul-Wabilah, pp.472-474

[7] d.1088 (AD1693). He is Muhammad ibn Ahmad ibn `Ali Al-Buhuti Al-Khalwati. Senior scholar, luminary, Imam of transmitted texts and their understanding, mufti, teacher, guide, he hails from the region of Bahwat in Upper Egypt. Early in his education, he took from teachers such as `Abdur-Rahman Al-Buhuti and later took the majority of his knowledge from Mansur Al-Buhuti (d.1051). He left behind a number of commentaries and other texts. cf.Al-Makki’s As-Suhub ul-Wabilah, pp.355-356

20 RAMADAN 1443: TAWBAH AS EXPLAINED BY THE COMPANIONS

قال أبو العالية: سألت أصحاب محمد عن هذه الآية:

Abul-`Aliyah said: The Companions of Muhammad were asked about the ayah:

إِنَّمَا التَّوْبَةُ عَلَى اللَّهِ لِلَّذِينَ يَعْمَلُونَ السُّوءَ بِجَهَالَةٍ ثُمَّ يَتُوبُونَ مِنْ قَرِيبٍ﴿

Tawbah to Allah is only for those who did sin in ignorance and then made tawbah not long after.[1]

 فقالوا: كل من عصى الله فهو جاهل، وكل من تاب قبل الموت، فقد تاب من قريب.

They said, “Whoever disobeyed Allah is indeed ignorant. And everyone who made tawbah before death has indeed made tawbah not long after”.

وعن قتادة، قال: أجمع أصحاب رسول الله – صلى الله عليه وسلم – عَلَى أن كل من عصى ربه، فهو جهالة عمدًا كان أو لم يكن، وكل من عصى الله فهو جاهل.

Qatadah mentioned: “The Companions of the Messenger of Allah, peace and blessings of Allah be upon him, made Consensus on that each and every one that disobeyed his Lord – purposely or not – is indeed ignorant. And whoever disobeyed Allah is indeed ignorant”.

*مجموع رسائل الحافظ ابن رجب

As taken from the collected texts of Al-Hafiz Ibn Rajab Al-Hanbali[2]

كتبه الشيخ مصطفى حمدو عليان

As said by the Shaikh, Mustafa Hamdu `Ulayyan


[1] Surat un-Nisa’ (4), ayah 17

[2] d.795 (AD1398). He is Abul Faraj Zain ud-Din `Abdur-Rahman ibn Shihab ud-Din Ahmad Al-Baghdadi. Known as Ibn Rajab, he is also called He is the Shaikh, the Imam, the Well Grounded Peg, the Scholar, the Worker, the Carrier of Light, the Complete Man, the Role Model, the Cautious, the Possessor of Zuhd, the Hafiz, He is the Proof, the Trustworthy, Shaikh ul-Islam and Shaikh of the Muslims, Beauty of the Way of Faith and Religion, Preacher to the Muslims, Benefit to the Hadith Scholars, Beauty of the Authors. He came from Baghdad to Makkah with his father and started listening to scholars early on before settling in Damascus for a period to study. also frequented the gatherings of the Shaikh, Shams ud-Din Ibn ul-Qayyim until the latter’s death. Imam Ibn Rajab was one of the senior Imams and Memorisers, Scholars, People of Zuhd and narration. The gatherings of the Imam were times for remembrance of the hearts and for the people at large a beneficial blessings. People gathered for his sake and hearts inclined to him with love and respect. The zuhd of the Imam was of a high calibre. Imam Ibn Rajab Al-Hanbali – may Allah have mercy upon him – did not care to know anything about the personal scandals of the people nor concern himself with the back and forth of the governors of his time. He later died in the city of Damascus on the night of Monday, 4 Ramadan 795 in Sham at a garden he maintained. Janazah was made upon him in the early portion of the day and interred at Bab us-Saghir.cf.Al-Makki’s As-Suhub ul-Wabilah, pp.197-198

19 RAMADAN 1443: THE NIGHT OF POWER

فتاوى رمضانية (28)

Ramadan Fatawa#28

متى ليلة القدر؟ وماذا يستحب فيها من أعمال؟ وكيفية النوم فيها؟

When is the Night of Power (Ar.Lailat ul-Qadr)? And what actions are praiseworthy to do therein? And how is one to sleep at that time?

ليلة القدر مختصة بالعشر الأواخر من رمضان، فتطلب فيها، لقوله – صلى الله عليه وسلم -: «تحروا ليلة القدر في العشر الأواخر من رمضان» متفق عليه

The Night of Power is specified to be in the last ten nights of Ramadan and should be sought based upon the statement of the Prophet, peace and blessings of Allah be upon him, “Search out the Night of Power in the last ten nights of Ramadan”. And this hadith is agreed upon by Imams Al-Bukhari[1] and Muslim.[2]

وأرجاها ليلة السابع والعشرين، نص عليه أحمد وهو قول: أبي بن كعب وابن عباس وزر بن حبيش. قال المنقح في الإنصاف: ” نص عليه وعليه جماهير الأصحاب وهو من المفردات”.

The most preferred position is that the Night of Power falls on the 27th night of Ramadan as explicitly stated by the Imam, Ahmad ibn Hanbal.[3] And this is also the statement of Ubai ibn Ka`b, Ibn `Abbas[4] and Zir ibn Hubaish.[5] Imam `Ala’ ud-Din Al-Mardawi,[6] may Allah have mercy upon him, author of the Critical Revision,[7] said in the Equity:[8] This is explicitly stated by the Imam, Ahmad ibn Hanbal and upon that understanding is the great preponderance of the companions of the School and it is from its particular aspects.

ويستحب فيها الصلاة جماعة أوفرادى، والدعاء ويذكر حاجته فيه، وسن بـ “اللهم إنك عفو تحب العفو فاعف عني” لحديث عائشة قالت: «يا رسول الله، إن وافقتها فبم أدعو؟ قال: قولي: اللهم إنك عفو تحب العفو فاعف عني» رواه أحمد وغيره. وإذا أراد النوم نام متربعا مستندا استحبابا نص عليه.

It is praiseworthy to make additional salah on this night – whether in congregation or individually – make his supplication and mention his needs. And it is a sunnah for him to say in the supplication: Allah! Indeed You are the Pardoner. You love to pardon. So pardon me! And this is based on the hadith of `A’ishah,[9]  may Allah be pleased with her, who said: Messenger of Allah, if I should come to the Night of Power, what should I say in supplication? He replied, “Allah! You are the Pardoner. You love to pardon. So pardon me”. And this is collected by Imams Ahmad and others. And when one so desires sleep, let him sleep sitting, cross-legged while leaded against something and this is praiseworthy as mentioned by the Imam, Ahmad ibn Hanbal.

كتبه الشيخ مصطفى حمدو عليان

As said by the Shaikh, Mustafa Hamdu `Ulayyan


[1] 195-256 (AD809-870). He is Muhammad ibn Isma`il ibn Ibrahim ibn Al-Mughirah Al-Bukhari. Major Imam in Hadith, he was in later life tested with the accusation of believing the Qur’an to be created. He would go to his Imam and state his entire theology as proof of the opposite and be buried next to him in the cemetery of Hanbali scholars. Regarding the fiqh scholars of the madhhab, he said of them: “I heard some of my companions in the school saying, ‘When he discussed his birth, Imam Ahmad ibn Hanbal said: My mother was pregnant with me when she moved from the city of Marw to the city of Baghdad’.” 

Please see the oldest collected biography of Al-Bukhari: Abul Hussain Muhammad ibn Muhammad’s Tabaqat ul-Hanabilah, vol.1, pp.254-259; Salih Al-Baghdadi’s (the eldest son of Imam Ahmad) Sirat ul-Imam, pp.24-26; Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal, pp.4-5

[2]  d.261 (AD875). He is Muslim ibn Muslim ibn Al-Hajjaj Al-Qushairi An-Naisaburi. One of the premier students of Imam Ahmad and a source for his madhhab, he authored his text Al-Jami` us-Sahih text that became the second most popular hadith book after his death. Please see the oldest collected biography of Muslim: Abul Hussain Muhammad ibn Muhammad’s Tabaqat ul-Hanabilah, vol.1, pp.311-314

[3] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. Please see Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal, pp.5-17; 58-124

[4] d.68 (AD690). He is Abul `Abbas `Abdullah ibn Al-`Abbas ibn `Abdul Muttalib. Scholar of tafsir, fiqh and the foremost commentator on the Qur’an, he narrated numerous ahadith and was a well reverenced Companion and also the first cousin of the Prophet Muhammad, peace and blessings of Allah be upon him. cf. Al-Maqdisi’s Al-Kamal, vol.1, pp.338-339.

[5] d.82 (AD704). He is Abu Maryam Zir ibn Hubaish ibn Hubashah ibn Aws Al-Asadi Al-Kufi. Imam, chief reciter of Al-Kufah, he was classed as reliable by Ibn Sa`d. Zir narrated from Companions such as `Umar ibn Al-Khattab, Ubai ibn Ka`b, `Uthman ibn `Affan, `Ali ibn Abi Talib, `Abdullah ibn Mas`ud and others. He would later die at the age of 127 years. cf. Adh-Dhahabi’s Siyar A`lam, vol.4, pp.167-170

[6] 820-885 (AD1417-1480). He is `Ala’ ud-Din Abul Hasan `Ali ibn Sulaiman ibn Ahmad ibn Muhammad Al-Mardawi As-Sa`di As-Salihi. Judge, jurist, historian and grammarian, he was known for writing books on the narrations and debates within the Hanbali School. He organised the arguments under chapter headings, then acted as chief judge for most of his later life until his death. He wrote more than 20 books and was a mujtahid murajjih. Please see Ash-Shatti’s Mukhtasar Tabaqat il-Hanabilah, pp.76-81

[7] Ar.At-Tanqih

[8] Ar.Al-Insaf

[9] d.58 (AD680). She is Umm `Abdillah `A’ishah bint Abi Bakr ibn Abi Quhafah As-Siddiqah. Quraishi Companion, daughter of Abu Bakr As-Siddiq and scholar of hadith, she narrated some 2,210 ahadith from the Prophet, peace and blessings of Allah be upon him, to her students. She was one of the Mothers of the Believers and narrated countless details of medicine, fiqh, tafsir, hadith, poetry and more. She would die at 66 years of age and be buried in Jannat ul-Baqi`. cf. Ibn Al-Jawzi’s Sifat us-Safwah, vol.2, pp.15-38

18 RAMADAN 1443: INFLATED CRESCENT MOONS AND FAKE MUFTIS

فتاوى رمضانية (4)

Ramadan Fatawa#4

هل صحيح ما يقوله العامة إذا رأوا الهلال كبيرا: بأن صومنا غير صحيح؟

Is it valid to abide by the statement that some of the laity say when they’ve seen a large crescent moon, “Oh, our sawm is not valid as the crescent moon is older than the sawm”.

قال العلامة البهوتي في شرح المنتهى 1/ 471 :”والهلال يختلف في الكبر والصغر والعلو والانخفاض، وقربه من الشمس اختلافا شديدا لا ينضبط، فيجب طرحه والعمل بما عول الشرع عليه، وروى البخاري في تاريخه عن طلحة بن أبي حدرد مرفوعا: من أشراط الساعة أن يروا الهلال يقولون ابن ليلتين

Imam Mansur ibn Yunus Al-Buhuti[1] said in Commentary on the Uttermost Boundary,[2] vol.1, p.471: “The crescent differs in size greatly – whether in the case of largeness, smallness, highness from the horizon and lowness to it – based upon its nearness to the sun and this is not to be used as judgement in the sawm.[3] So it is wajib to abide by this and act according to what is stipulated in the Revealed Law.[4] And Imam Al-Bukhari[5] has collected a hadith in his Tarikh in an attributable narrative from Talhah ibn Abi Hudud: From the Signs of the Hour is that the people shall see the crescent moon and say, ‘Oh, the crescent moon is two days old!’


[1] d.1051 (AD1656). He is Abus-Sa`adat Mansur ibn Yunus ibn Salah ud-Din ibn Hasan ibn Ahmad ibn `Ali Al-Buhuti. Egyptian marja` and one of the depended upon sources in the Hanbali School in the later age, he studied with premier scholars of Sham, such as Imams Yahya Al-Hajjawi and others. He became the leading Hanbali scholar in Egypt, even outranking the senior Subki, Futuhi and Sa`di families in importance. He wrote five large works in fiqh and smaller texts on selected topics. The Imam, Sulaiman ibn `Ali (d.1079 (AD1674), when he learned that Al-Buhuti had penned his fiqh text, Ar-Rawd ul-Murbi`, burned his own text and told all his students in Najd to follow the Imam. Please see Ibn Humaid’s As-Suhub ul-Wabilah, pp.472-474

[2] Ar.Daqa’iq Uwl in-Nuha fi Sharh ul-Muntaha

[3] And these are the well-known principles of astronomy and study of heavenly bodies that are known by the scholars. But in this time you will have people in the English speaking world as ignorant of this as they are of the four directions, shadows for measurement of the salah and yet they are “some of the most knowledgeable scholars today”. The fact that the word “scholar” is being generously doled out on some people is the most abysmal aspect of the situation.

[4] This means that you have to act by the Revealed Law and not your conjecture. The size of the crescent moon (Ar.hilal) or new moon (Ar.mahaaq) [which in the English speaking world these two terms are as inflated and conflated as the crescent moons that some “happen to notice”] are nothing to do with the presence of the crescent moon, which is what is to be sought out on the 29th of every lunar month. Smallness, largeness is not the point.

[5] 195-256 (AD809-870). He is Muhammad ibn Isma`il ibn Ibrahim ibn Al-Mughirah Al-Bukhari. Major Imam in Hadith, he was in later life tested with the accusation of believing the Qur’an to be created. He would go to his Imam and state his entire theology as proof of the opposite and be buried next to him in the cemetery of Hanbali scholars. Regarding the fiqh scholars of the madhhab, he said of them: “I heard some of my companions in the school saying, ‘When he discussed his birth, Imam Ahmad ibn Hanbal said: My mother was pregnant with me when she moved from the city of Marw over to the city of Baghdad’.” 

Please see the oldest collected biography of Al-Bukhari: Abul Hussain Muhammad ibn Muhammad’s Tabaqat ul-Hanabilah, vol.1, pp.254-259; Salih Al-Baghdadi’s (the eldest son of Imam Ahmad) Sirat ul-Imam, pp.24-26; Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal, pp.4-5

16 RAMADAN 1443: WITR AFTER TARAWIH OR MAKING WITR LATER?

فتاوى رمضانية (18)

Ramadan Fatawa #18

سألني شخص: هل أصلي معكم الوتر وأنا أريد القيام في الليل؟ أم أجعل الوتر بعد قيامي؟

Someone asked me the following: If I pray witr with you while I want to make Qiyam ul-Lail later after Tarawih? Or should I delay it and make witr after I finish the Qiyam ul-Lail?

قلت: يجوز الأمران، فإن صلى مع الإمام الوتر فلا ينقض وتره عند القيام ويصلي مثنى مثنى، ويجوز له أن يصلي الوتر مع الإمام ثم يقوم بعد تسليم إمامه فيشفعها بواحدة.

My response is that either of these two ways is permitted. If he made witr with the imam, then he does not break his witr at the time of his making Qiyam ul-Lail while he makes it two raka`ah by two rak`ahs. And it is permitted that he make witr with the imam, then after the imam of salah has made taslim, he makes the witr even by making one rak`ah after it with the intent of joining it together and thus making it two rak`ah. Then he can make witr later.

قال في كشاف القناع: ” 1- إن أحب من له تهجد متابعة الإمام في وتره قام إذا سلم الإمام فشفعها أي ركعة الوتر بأخرى ثم إذا تهجد أوتر فينال فضيلة متابعة الإمام حتى ينصرف، وفضيلة جعل وتره آخر صلاته.

Imam Al-Buhuti, may Allah have mercy upon him, said in Kash-shaf ul-Qina`: “One option is that if he would like to make tahajjud after following the imam in his witr, then let him stand up after the imam has made taslim from the witr and make one rak`ah to join with that witr. This then makes it two rak`ah. Then when he gets up to make tahajjud, he makes witr upon completion of it. So in this way he gets the virtue of following the imam in salah until he has finished and the virtue of making the witr the last salah he makes in the night.

2- ومن أوتر في جماعة أو منفردا ثم أراد الصلاة تطوعا لم ينقض وتره أي لم يشفعه بركعة؛ لقول عائشة وقد سئلت عن الذي ينقض وتره – ذاك الذي يلعب بوتره رواه سعيد وغيره .

“Another option is that the one making witr in congregation or alone does so, then when he makes an optional salah afterward, this does not break his witr. And this is based upon the statement that `A’ishah made when someone asked about the one who broke his witr, ‘This one plays with his witr’. And this is collected by Imams Sa`id ibn Mansur and others.

وصلى شفعا ما شاء إلى طلوع الفجر الثاني؛ لأنه قد صح عن النبي – صلى الله عليه وسلم – أنه «كان يصلي بعد الوتر ركعتين» ولم يوتر اكتفاء بالوتر الذي قبل تهجده لقوله – صلى الله عليه وسلم – «لا وتران في ليلة» رواه أحمد وأبو داود”.

“So he makes even numbered raka`at as much as he so wants up until the time of the Fajr salah begins. And this is so as it is authentically narrated from the Prophet, peace and blessings of Allah be upon him, used to make two raka`ah after witr. And he does not make witr to complete his tahajjud after he has already made witr before his tahajjud in the Tarawih or after `Isha’ beforehand. This is due to the statement of the Prophet, peace and blessings of Allah be upon him, ‘There are no two witr to be made in one night.’ And this is collected by Imams Ahmad and Abu Dawud”.

As said by the Shaikh, Mustafa Hamdu `Ulayyan

15 RAMADAN 1443: THE `IMAMAH AND RANK OF MEN COVERING THE HEAD

[ مُعْتَمَدُ مَذهبِ الحنابلةِ في حُكْمِ وصِفَةِ العِمَامَةِ ]

The Depended upon position for the Hanbali School in the ruling on the `Imamah and its description

العِمَامَةُ عِنْدَ الحَنَابِلَةِ سُنَّة

The `Imamah is a sunnah according to the scholars of the Hanbalis

The sunnah `Imamah of the First Three Generations

قال العلامة السفاريني في شرح منظومة الآداب:

The senior scholar, As-Saffarini,[1]  may Allah have mercy upon him, mentioned in his Commentary on Digest of Etiquettes:

( الصفة المسنونة في العمامة)

The sunnah description of the `Imamah

وسنة العمامة بعد فعلها أن يرخي طرفها ويتحنك به ، فإن كان بغير طرف ولا تحنيك فذلك يكره عند العلماء ، قلت : وقال هذا علماؤنا .

The sunnah of the `Imamah and how it is to be established is that it is tied and has one tail that hangs down and should be wrapped around the neck and under the chin. If it has no tail and it is not wrapped around the neck and under the chin, this is disliked according to the scholars. I would also mention that this is the understanding of our scholars as well.

وقال:يسن إرخاء طرف العمامة ولهذا قال الناظم رحمه الله تعالى : ويحسن أن يرخي الذؤابة خلفه ولو شبرا أو أدنى على نص أحمد ( ويحسن ) بمعنى يسن ويندب للرجل أن يرخي أي يرسل ( الذؤابة ) بضم الذال المعجمة وبعدها همزة مفتوحة.

And it is the sunnah to have the tail of the `Imamah present. And it is due to this the author of the text, Ibn `Abdul Qawi[2] remarked: “It is a sunnah that the tail of the `Imamah should hang down after it has been wrapped around his neck and under his chin if it be an arm’s length or near that it is fine according to the explicit text of the Imam, Ahmad ibn Hanbal.[3] And it is the sunnah and praiseworthy for the man that he hang the tail over the back of him when he has wrapped it around the neck and under the chin”.

قلت : يرخيها بين كتفيه كما هو مسنون .

And thus it is hanging between the shoulder blades as it is masnun.

قال الشيخ تقي الدين رضي الله عنه : وإرخاء الذؤابة بين الكتفين معروف في السنة …… منصوص الإمام أحمد رضي الله عنه في إرخاء الذؤابة خلفه في الجملة لا في التقدير كما نص عليه في الآداب الكبرى .

The Shaikh, Taqi ud-Din Ibn Taymiyyah,[4]  may Allah be pleased with him, said, “The tail of the `Imamah hanging between the shoulder blades from the back after having been wrapped around the neck and under the chin is well known in the Sunnah. And this is explicitly given in texts from the Imam, Ahmad ibn Hanbal, may Allah be pleased with him, regarding the tail of the `Imamah hanging behind him in general without there being a listing of the exact limit. And this is what was explicitly quoted from Imam Ahmad by Imam Ibn Muflih in The Greater Book of Etiquettes”.

قد علمت أن التحنك مسنون ، وهو التلحي قال الشمس الشامي : التلحي سنة النبي صلى الله عليه وسلم والسلف الصالح .

So then you come to know this and that the `Imamah being wrapped around the neck and under the chin is masnun as was mentioned by Ash-Shams Ash-Shami, “Indeed this is the Sunnah of the Prophet, peace and blessings of Allah be upon him, and the pious First Three Generations”.

وقال الإمام ابن مفلح في آدابه الكبرى : مقتضى كلامه في الرعاية استحباب الذؤابة لكل أحد كالتحنك .

The Imam, Shams ud-Din Ibn Muflih,[5] may Allah have mercy upon him, mentioned, in his Greater Book of Etiquettes: “The gist of the discussion on the matter is mentioned by Imam Ibn Hamdan in the Safeguarding in which he said it is praiseworthy for there to be a tail for the `Imamah for every one just like the wrapping around the neck and under the chin”.

قال الحجاوي : يعني يجمع بين التحنك والذؤابة انتهى .

The Imam, Musa Al-Hajjawi,[6] may Allah have mercy upon him, remarked, “So this means the wearer of the `Imamah does both, in that he wraps it around his neck under the chin and also has it hang down between his should blades”.

وقال الشيخ في الفتاوى المصرية : العمامة الشرعية أن تكون محنكة تحت الذقن ، فإن كانت بذؤابة بلا حنك ففيها وجهان.

The Shaikh, Taqi ud-Din Ibn Taymiyyah, may Allah have mercy upon him, said in the Rulings Pertaining to Egypt: “The `Imamah according to the Revealed Law is that it is wrapped around the neck and under the chin. Now in the case that it has a tail but it has not been wrapped around the neck and under the chin, there are two statements on the matter”.

The Shaikh, Az-Zain Muhammad Ahmad of the Sudan, with `Imamah bearing a tail and wrapped around the chin and under the neck with the tail hanging

( مايكره من العمامة )

What is disliked when wearing the `Imamah

وكره مالك وأحمد وغيرهما من الأئمة لبس العمائم المتقطعة ، وهي التي لا يكون لها ما يمسكها تحت الذقن .

Imams Malik ibn Anas,[7] Ahmad ibn Hanbal and other Imams besides disliked that one wear an `Imamah in which there is no way that it can be wrapped around the neck and under the chin.

وقال ايضاً رحمه الله:

He (Taqi ud-Din Ibn Taymiyyah), may Allah have mercy upon him, also said,

وعلى هذا لا خلاف في استحباب العمامة المحنكة وكراهة الصماء . انتهى.

“And on this point there is no difference, namely that it is praiseworthy to wear the `Imamah in which it is wrapped around the neck and under the chin and it is disliked to have it otherwise”.

معنى الصماء التي لاذؤابة لها.

So to have it otherwise refers to having an `Imamah in which there is no tail for it.

An example of the `Imamah without the tail or being wrapped around the neck and under the chin, thus not fulfilling the Sunnah.

( صفة عمامة الإمام أحمد) رضي الله عنه:

Description of the `Imamah of the Imam, Ahmad ibn Hanbal, may Allah be pleased with him

قال عبد الملك الميموني : ما رأيت عمامة أبي عبد الله قط إلا تحت ذقنه ، ورأيته يكره غير ذلك . سير اعلام النبلاء

`Abdul Malik Al-Maimuni said, “I never saw Abu `Abdillah [Ahmad ibn Hanbal] wearing an `Imamah except that it had a tail that he wrapped around his neck and under his chin. And I noticed he disliked doing it anyway besides this one”.[8]

وقال ابن ذريج العكبري :ورأيت ثيابه غلاظًا بيضًا، ورأيته معتمًا وعليه إزار  المدخل الى مذهب الامام أحمد

Ibn Dhuraij Al-`Ukbari said, “His clothes were exceedingly white and he was wearing an `Imamah and an izar”.[9]

كان تقي الدين بن تيمية رحمه الله يلبس العمامة قال عنه ابن عبد الهادي: ومشى قليلاً فإذا بفقيرٍ آخر فأخذ عمامته فقسمها نصفين، فأعطى نصف العمامة الفقير، ولف النصف الآخر عليه.والقلنسوة : وهي تشبه الطاقية في زماننا الا انها تكون سميكة وهي ايضًا مسنونة .

The Imam, Taqi ud-Din Ibn Taymiyyah, may Allah have mercy upon him, used to wear the `Imamah. Imam Ibn `Abdil Hadi said of him, “He came out one day and walked a small distance and passed by a destitute man. The Imam took his own `Imamah, split it in half and give half of it to the man and fastened it on his head”.[10] As for the qulanswah, this is a like the taqiyah in our time except that it stands tall on the head and it is sunnah to wear and wrap the `Imamah around it.

أما لبس ( الشماغ ) و ( الغترة ) فهو عادة وليست من السنة في شيء .

As far as wearing the shimagh and the ghutrah,[11] this is a custom and not from the Sunnah at all.

A permitted Arab custom of wearing what is known as the ghutrah, shimagh, keffiyeh or kufiyyah, but NOT the Sunnah. And it can be assessed through the Sunnah texts that neither the Prophet, peace and blessings of Allah be upon him, nor the best of the First Three Generations wore this as a habit expressing the Sunnah or looking upon it as a means for reward.

وكتب فارس بن فالح الخزرجي

As written by the Shaikh, Faaris ibn Faalih Al-Khazraji

 ٢٩ شوال ١٤٣٨ هـ

29 Shawwal 1438


[1] 1114-1189 (AD1702-1775). He is Abul `Awn Shams ud-Din Muhammad ibn Ahmad As-Saffarini An-Nabulsi Al-Hanbali. Renewer of his era and one of the chief authorities of the Hanbali Legal School in his time, he learned from Grand Imams such as Muhamamd Hayat As-Sindi, `Abdul Qadir At-Taghlabi and others. He acted as judge and jurist for all of Sham. He wrote books in the field of comparative creed, fiqh, inheritance, manners, medicine and grammar. It was this noble scholar who received a letter of assistance from the scholars of Arabia against the Salafi Movement. He wrote five volumes of books against the group, the shorter and more famously known being, Questions and Answers Regarding Najd, which upon receipt by the scholars of Arabia became a rallying point for the Orthodox. Please see Muhammad Jamil Ash-Shatti’s Mukhtasar Tabaqat ul-Hanabilah, pp.140-143

[2] d.699 (AD1302). He is Shams ud-Din Abu `Abdillah Muhammad ibn `Abdul Qawi ibn Badran ibn `Abdullah Al-Maqdisi Al-Mardawi. Palestinian saint and preacher from the famous village of Mardaa under the governship of Nablus, his teachers include Shams ud-Din Ibn `Abdul Hadi, Shams ud-Din Ibn Qudamah and others. Described by Imam Adh-Dhahabi as being of sound religion, he was chief teacher at As-Sahibiyyah School and attended the Dar ul-Hadith and worked there and at Mount Qasiyun. After becoming the successor of Ibn Al-Wasiti, he had a large body of students that included Taqi ud-Din Ibn Taymiyyah, Isma`il ibn Al-Khabbaz and others. Upon his death, he was buried at the foot of Mount Qasiyun.cf.Ibn Rajab in Adh-Dhail, vol.4, pp.281-282

[3] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani. In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17;58-124

[4] 661-728 (AD1263-1328). He is Taqi ud-Din Abul `Abbas Ahmad ibn `Abdul Halim ibn `Abdus-Salam ibn Taymiyyah. Scholar in many disciplines, this particular figure had more than seven foundational issues in which he was divergent from the Orthodox creed. He and his works were corrected by his contemporaries and also most of his students. However, Muhammad ibn `Abdul Wahhab and his followers built their creed on these divergences. Please see Ibn Rajab Al-Hanbali’s Adh-Dhail `ala Tabaqat ul-Hanabilah, vol.3, pp.320-335; Ibn Humaid’s  As-Suhub ul-Wabilah `ala Dara’ih il-Hanabilah, vol.2, pp.675-680 (Bakr Abu Zaid interpolations)

[5] d.762 (AD1365). He is Shams ud-Din Abu `Abdillah Muhammad ibn Muflih ibn Muhammad ibn Mufarrij Al-Maqdisi Ar-Ramini As-Salihi. Universally known as Imam Ibn Muflih, he is the author of classic texts such as Al-Furu`: Sharh ul-Muqni`, Al-Adab ush-Shar`iyyah wal-Minah ul-Mar`iyyah and a number of other works. Known for his knowledge, he was marja` of his time and one of the authorised commentators on the works of Imam Muwaffaq ud-Din Ibn Qudamah. cf. As-Suhub ul-Wabilah `Ala Dara’ih il-Hanabilah, vol.3, pp. 1089-1093 

[6] 895-968 (AD1490-1561). He is Abun-Naja Sharaf ud-Din Musa ibn Ahmad ibn Musa ibn Salim ibn Ahmad ibn `Isa ibn Salim Al-Hajjawi Al-Maqdisi As-Salihi. Hailed widely as a mujtahid, theologian, Shaikh ul-Islam, as well as the chief faqih of Sham, he wrote books and made fatawa that caused his fame to grow. Once he reached over the age of thirty, the scholars convened and declared him the source of authority for the school of Imam Ahmad ibn Hanbal in his time. The Imam did not rest at this point, happy with his achievement, but continued on, writing numerous texts, summaries and foundational works. One of these was Zad ul-Mustaqni`, which is a summary of the depended upon book Al-Muqni` by Imam Muwaffaq ud-Din Ibn Qudamah (d.620 (AD1223). A simple yet effective summary, the document is the most widely used and commented summary of the book today. As-Suhub ul-Wabilah `ala Dara’ih il-Hanbabilah, vol.3, pp.1134-1136

[7] d.179 (AD801). He is Malik ibn Anas ibn Malik ibn Abi `Amir Al-Madani, the Imam of Makkah and Al-Madinah and the collector and Imam of that school. His Muwatta’ remains a classic and possesses chains of transmission that scholars vie for in their books. Al-Imam Malik: Dar ul-Hijrah by Imam `Abdul Ghani Ad-Daqar, pp.20-27.

[8] Adh-Dhahabi’s Siyar A`lam in-Nubala’

[9] `Abdul Qadir ibn Badran’s Al-Madkhal Ila Madhab Il-Imam Ahmad

[10] This means it is so emphasised that even a destitute man, who is already covering his head, should not be without an `imamah to wrap.

[11] This is also sometimes called keffiyeh or the kufiyah. While a part of Arab culture, this is NOTHING to do with establishing the sunnah and adhering to that. And may we establish the Sunnah in our lives.

14 RAMADAN 1443: SALAH, SAWM AND CHILDHOOD RESPONSIBILITY

فتاوى رمضانية (11)

Ramadan Fatawa #11

هل يجب الصيام على الطفل؟ وهل يجب على والده أمره بذلك؟

Is siyam stipulated for the child? And is it wajib[1] on his parent who orders him to do that?

الطفل عند الفقهاء قسمان:

The child falls under two categories with regard to the fiqh scholars:

الأول: من لم يبلغ سن التمييز* فهذا لا يجب عليه الصيام ولا يصح منه لعدم صحة نيته، ولا يجب على وليه أن يأمره به. قال المنقح المرداوي في الإنصاف 1/ 395 :”لا يخلو الصبي: إما أن يكون سنه دون التمييز، أو يكون مميزا. فإن كان دون التمييز: لم يجب عليه العبادة، قولا واحدا. ولم تصح منه، على الصحيح”.

First, who has not reached seven years of age. In this instance, the siyam is neither wajib upon him, nor is it valid if he should do so as his intention is not yet valid. And it is not wajib upon his guardian to command him to do so. Imam `Ala’ ud-Din Al-Mardawi[2] mentioned in The Equity:[3] “Thus the child is examined in the circumstance of the sawm, whether he is below seven years of age or he has reached seven years of age”. If he is under seven years of age, worship is not yet wajib for him and this is one statement on the matter and it is not valid for him to carry it out according to the authentic position of the School”.[4]

الثاني: من بلغ سن التمييز فهذا أيضاً لا يجب عليه ولكن يصح منه؛ لأن له قصدا صحيحاً أشبه البالغين*، ويجب على وليه أن يأمره به ويضربه* على تركه -إذا أطاقه*- لكي يعتاده كالصلاة*.

Second, whoever has reached seven years of age. In this case, he is not required to carry it out but it is valid from him as he has a valid intention that may be made just like in the case of adults. And it is wajib for his guardian to order him to do so after having taught him and discipline him when he has abandoned it when he is able to carry it out. This is so that he does not lose the affair and it becomes his normal habit, like in the case of salah.

وعُلمَ من ذلك كله أن الصيام والصلاة لا يجبان إلا بالبلوغ ولكن يلزم الولي أمره بهما إذا بلغ سن التمييز*.

So it is known from this in totality that siyam and salah are not wajib except upon the one who has reached the age of adulthood; but it is necessary for the guardian to command the one under his charge to do so after teaching him upon having reached seven years of age so as to make it his normal habit.

——-

***Points to keep in mind***

*المميز: من استكمل سبع سنين. وفي المطلع: من يفهم الخطاب ويرد الجواب. ولا ينضبط بست، بل يختلف باختلاف الأفهام، وصوبه في الإنصاف، وقال: إن الاشتقاق يدل عليه. انظر: شرح المنتهى 1/ 127

So the one who has reached the age of distinction where acts of worship become valid is called mumayyiz and he is seven years of age. And in The Execution of Commands,[5] the author states: This is the one who understands the commands and may tender an answer to questions and expectations of him. This does not take place at six years of age. In fact this differs according to different understandings on the affair while in The Equity,[6] this ruling is considered correct. The author goes on to say: “So the stated aim and purpose behind reaching the age of distinction is indicate of the fact of responsibility and what is required of him”. Please see Commentary on the Uttermost Boundary,[7] vol.1, p.127

* ولا يمتنع تكليفه على سبيل الندب قاله ابن نصر اللَّه الكناني في شرح مختصر الروضة.

Imam Ibn Nasrillah Al-Kinani,[8] may Allah have mercy upon him, in Commentary on the Summary of the Meadow:[9] “Although the salah and sawm are not wajib upon him at the age of seven years, this does not prevent it being praiseworthy for him to carry out these actions”.

*قال ابن قائد في حاشيته عل المنتهى: “يعني: غير مبرح؛ أي غير شديد، ولا يزيد على عشرٍ في كل مرة. تاج الدين البهوتي”.

Imam Ibn Qa’id An-Najdi[10] may Allah have mercy upon him, in his Cliffnotes on the Uttermost Boundary remarked, “So when one says that the child that has abandoned salah or sawm is to be disciplined, this means that he should not be struck in a way in which it leaves a mark. And the guardian, when disciplining the child, is not to go over ten swats at any times”. And this was mentioned by Imam Taj ud-Din Al-Buhuti.[11]

* لكن يختلف عنها أن الصلاة يُضرَب عليها لعشر، والصيام يُضرَب عليه إذا أطاقه؛ لأنه قد يطيق الصلاة من لا يطيق الصوم.

But with the foregoing have been said, there is a difference about the matter in that the child that abandoned the salah at ten is disciplined while the one having abandoned the salah is disciplined when he is able to carry it out. This is the case as the one who is able to discharge the salah may not be the one that can carry out the sawm.

*وحدَّ بعض الأصحاب الإطاقةَ بصوم ثلاثة أيام متوالية بلا ضرر يلحقه.

The boundary that the Companions of the School have set is that when the child has reached the appropriate age and he is able to make sawm three days in a row without any harm coming to him, this counts as his being able.

* ويكون الثواب للمميز؛ لأنه العامل فهو داخل في عموم

The mumayyiz receives reward as the one who does good deeds in this situation falls under the general rubric of the ayah:

{مَنْ جَاءَ بِالْحَسَنَةِ فَلَهُ عَشْرُ أَمْثَالِهَا}

Whoever came with one good deed has the reward of ten like it[12]

والصغير يكتب له ما عمله من الحسنات ولا يكتب عليه ما عمله من السيئات، لرفع القلم عنه. ولوالديه أجرٌ قال في الفروع 1/ 412: “والمتسبب يثاب بنية القربة، ولأنه دل على هدى، ولأن امرأة رفعت صبيا في خرقة فقالت يا رسول الله ألهذا حج؟ قال: “نعم ولك أجر” رواه أحمد ومسلم وغيرهما”.

The small child, based upon the above, has what good deeds he has done written down for him but his no sins written against him as the pen has been lifted from him while for his parents, they receive the reward for his guidance. Imam Ibn Muflih Al-Maqdisi,[13] may Allah have mercy upon him, said in The Branches: “The underlying reason for his being rewarded is that he has made the intention to do an action that gains nearness to Allah and this is a proof of right guidance. And this comes from the general rubric given about a woman who lifted up a child while in swaddling clothes and she said, ‘Messenger of Allah, is there Hajj for this one?’ He said, ‘Indeed and you possess reward for it as well’. And this collected by Imams Ahmad ibn Hanbal,[14] Muslim ibn Al-Hajjaj[15] and others”.[16]

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] Ar. wajib. Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “So wajib entails what is necessary to carry out and what is blameworthy – according to the Revealed Law – to abandon in any sense, meaning at all times”. cf.Al-Madkhal, pp.146-147

[2] 820-885 (AD1417-1480). He is `Ala’ ud-Din Abul Hasan `Ali ibn Sulaiman ibn Ahmad ibn Muhammad Al-Mardawi As-Sa`di As-Salihi. Judge, jurist, historian and grammarian, he was known for writing books on the narrations and debates within the Hanbali School. He organised the arguments under chapter headings, then acted as chief judge for most of his later life until his death. He wrote more than 20 books and was a mujtahid murajjih. Please see Ash-Shatti’s Mukhtasar Tabaqat il-Hanabilah, pp.76-81

[3] Ar. Al-Insaf

[4] Al-Insaf, vol.1, pp.394-395

[5] Ar.Al-Mutli`

[6] Ar. Al-Insaf

[7] Ar.Sharh ul-Muntaha

[8] 800-876 (AD1495-1571). He is `Izz ud-Din Abul Barakat Ahmad ibn Ibrahim ibn Nasrullah ibn Ahmad ibn Muhammad ibn Abil Fath Al-Kinani Al-`Asqalani. One of the great Hanbali scholars of Egypt, he was born in Cairo and studied from its chief theologians. He is one of the 400 commentators on the Mukhtasar Al-Khiraqi, and upon the day of his death, scholars of all schools reacted by stating they were devastated at the loss. Cairo and much of northern Egypt came to a standstill. There was no one who felt they could replace him, not even his lifelong student, Imam Muhammad ibn Muhammad ibn Abi Bakr Al-Badrashi As-Sa`di (d.900 (AD1495), the great historian, theologian and Azharite. Please see Ibn Humaid’s As-Suhub ul-Wabilah, pp. 42-46.

[9] Sharh Mukhtasar ir-Rawdah

[10] d.1097 (AD1738). He is `Uthman ibn Ahmad ibn Sa`id ibn `Uthman ibn Qa’id An-Najdi. One of the great scholars of Arabia and its most successful marja`, he has written numerous commentaries on the works of Imam Mansur Al-Buhuti and also smaller texts that give marginal notes, clarifying ambiguous or arcane language in older works. cf.Al-Makki’s As-Suhub ul-Wabilah `ala Dara’ih il-Hanbabilah, pp.282-283

[11] d.1088 (AD1693). He is Taj ud-Din Muhammad ibn Shihab ud-Din ibn ‘Ali Al-Buhuti Al-Masri. Well known scholar and student of Imams Ibn Qa’id An-Najdi (d.1097) as well as Yusuf ibn Yahya Al-Karmi (d.1078), he has a number of written extracts covering the Uttermost Boundary and more. Please see Ibn Humaid’s As-Suhub ul-Wabilah, 3, pp.1191-1192 (Bakr Abu Zaid interpolations)

[12] Surat ul-An`am (6), ayah 161

[13] d.762 (AD1365). He is Shams ud-Din Abu `Abdillah Muhammad ibn Muflih ibn Muhammad ibn Mufarrij Al-Maqdisi Ar-Ramini As-Salihi. Universally known as Imam Ibn Muflih, he is the author of classic texts such as Al-Furu`: Sharh ul-Muqni`, Al-Adab ush-Shar`iyyah wal-Minah ul-Mar`iyyah and a number of other works. Known for his knowledge, he was marja` of his time and one of the authorised commentators on the works of Imam Muwaffaq ud-Din Ibn Qudamah. cf. As-Suhub ul-Wabilah `Ala Dara’ih il-Hanabilah, vol.3, pp. 1089-1093 

[14] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. Please see Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17; 58-124

[15]  d.261 (AD875). He is Muslim ibn Muslim ibn Al-Hajjaj Al-Qushairi An-Naisaburi. One of the premier students of Imam Ahmad and a source for his madhhab, he authored his text Al-Jami` us-Sahih text that became the second most popular hadith book after his death. Please see the oldest collected biography of Muslim: Abul Hussain Muhammad ibn Muhammad’s Tabaqat ul-Hanabilah, vol.1, pp.311-314

[16] Al-Furu`, vol.1, pp.411-412

13 RAMADAN 1443: SAWM AND THE ONE THAT ABANDONED SALAH?

فتاوى رمضانية (8)

Ramadan Fatawa #8

هل يصح الصيام ممن يترك الصلاة ؟

Is siyam valid from the one who abandons the salah?

يصح صيامه على المذهب من حيث الجملة، ومن حيث التفصيل: يبطل صومه حيث كفرناه بالترك بشرطه، وحيث لم نكفره بالترك: لم يبطل، ولكن يأثم، وهذا المذهب، لأن الصحيح: أن لا يكفر بمجرد ترك الصلاة، ولو ترك صلوات كثيرة، بل لا بد من دعائه إلى فعلها.

This siyam of this one in general is valid but in specifics it would be invalid when we have made takfir[1]upon him with its conditions. In the circumstance that this has not been established, then the sawm is not nullified but this individual is sinful. And this is the ruling in the School. This is the correct ruling as he does not fall into kufr by the abandonment of the one salah alone but if he had abandoned an abundance of salah, it is necessary that he be called to perform it in the run up to the matters connected to takfir and the like.

مصطفى عليان.

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] These are the detailed rulings surrounding the apostate (Ar.murtadd) and they can be found in the Divine Lighting in full.

12 RAMADAN 1443: A CHILD LEADING TARAWIH?

فتاوى رمضانية (17)

Ramadan Fatawa #17

هل يصح أن يؤمنا في التراويح غلام لم يبلغ بعد؟

Is it valid that we be led by an imam in Tarawih who is 9 years of age and has not had a wet dream or reached adulthood?

نعم يصح إن علم فقه صلاته، ولا يصح أن يؤم غير البالغ البالغين في الفرض نص عليه لقول ابن مسعود: “لا يؤم الغلام حتى تجب عليه الحدود” وقول ابن عباس ” لا يؤم الغلام حتى يحتلم ” رواهما الأثرم،

Yes. Such a thing is valid when the child knows the fiqh of his salah. It is not valid to have a non-adult lead the five salahs as explicitly mentioned by the Imam, Ahmad ibn Hanbal[1] based upon the statement of `Abdullah ibn Mas`ud,[2] may Allah be pleased with him in which the Prophet, peace and blessings of Allah be upon him, said, “The young boy should not lead the compulsory salah until the affairs of adulthood are seen in him”. And there is the statement of Ibn `Abbas from the Prophet, peace and blessings of Allah be upon him, “The nine-year-old child is not to be imam in the compulsory salah until he has had a wet dream bringing him into adulthood”. And both of these statements have been collected by Abu Bakr Al-Athram.[3]

ولأن الإمامة حال كمال والصبي ليس من أهلها أشبه المرأة بل آكد؛ لأن الصغر نقص يمنع التكليف، ولأن الإمام ضامن وليس هو من أهل الضمان.

The reason for this ruling is that imamah is a state of completion in deeds and state and the child is not qualified and from that capacity in just the same way as the female or even more so. The reason for that is that childhood is with respect to imamah is a shortcoming that precludes responsibility for adults. And due to the fact that the post of imam is a vouchsafed position, the child is not one of the people that can vouchsafe the position.

مصطفى عليان.

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. Please see Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17;58-124

[2] d.32 (AD653). He is Abu `Abdur-Rahman `Abdullah ibn Mas`ud. Also known as Ibn Umm `Abd, he is one of the key Companions of the Prophet Muhammad, peace and blessings of Allah be upon him, and one of the best reciters in his time. Please see At-Tabaqat ul-Kubra by Ibn Sa`d, vol.3, pp.108-111

[3] d.260 (AD 874). He is Abu Bakr Ahmad ibn Muhammad ibn Hani‘ Al-Iskafi. Please see the oldest collected biography of Abu Bakr Al-Athram: Abul Hussain Muhammad ibn Muhammad’s Tabaqat ul-Hanabilah, vol.1, pp.65-71

11 RAMADAN 1443: CONFUSION BETWEEN TARAWIH AND QIYAM UL-LAIL BY SIMPLETONS

فتاوى رمضانية (27)

Ramadan Fatawa #27

بعض المساجد عندنا تقوم الليل جماعة بعد التراويح فهل ذلك جائز ؟

I have noticed that some masjids in our area establish qiyam ul-lail in congregation after Salat ut-Tarawih. Is this something permitted?

نعم يجوز ذلك على المذهب ويسمى التعقيب قال في كشاف القناع 1/ 427: “وهو: التطوع بعد التراويح وبعد الوتر في جماعة سواء طال الفصل أو قصر نص عليه في رواية الجماعة ولو رجعوا إلى ذلك قبل النوم أو لم يؤخروه إلى نصف الليل لقول أنس لا ترجعون إلا لخير ترجونه وكان لا يرى به بأسا؛ ولأنه خير وطاعة، فلم يكره كما لو أخروه إلى آخر الليل”

Yes, that is indeed permitted according to the School and is referred to as At-Ta`qib. Imam Mansur Al-Buhuti, may Allah have mercy upon him, mentioned in Kash-shaf ul-Qina`: So At-Ta`qib is optional salah after Tarawih and witr in congregation.[1] And it does not matter whether this was after a long gap in time or short one. And this is explicitly mentioned by the Imam, Ahmad ibn Hanbal in a narration from a body of scholars. If they returned to that optional worship before sleep or they would not delay to the middle of the night, it is permitted.[2] And this is based on the statement of Anas ibn Malik, “You do not repeat any worship that is option except for some good that you hope for!” And he did not see any harm in doing that, as Qiyam ul-lail after Tarawih is goodness and an act of obedience. He did not dislike it even if it was delayed to the end of the night.[3]

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] And this is where the confusion started for some people. When they read that the Prophet, peace and blessings of Allah be upon him, made Qiyam ul-Lail in Ramadan, they assumed (which was an error of simpletons) that this was all that he prayed, when in reality he would pray this after Tarawih as for prophets the qiyam ul-lail or tahajjud is either compulsory or just one step under that. For further details, please see the below citation.

[2] And this is done in one form or another in South Egypt all the way down to today’s Sudan. There is much blessings in maintaining this affair and not leaving the qiyam ul-lail or tahajjud in the month of Ramadan. These are two completely different salahs. Let not your minds be blunted by simpletons, thinking that tarawih of 20 rak`ahs is bid`ah and yet only eight rak`at of it is the “sunnah” when these are two separate optional salahs. If someone cannot do both and chooses one over the other, this is also permitted.

[3] Kash-shaf ul-Qina`, vol.1, pp.426-427

10 RAMADAN 1443: HAVING WATER WHILE IN SALAT UT-TARAWIH

فتاوى رمضانية   (21)

Ramadan Fatawa #21

هل يجوز شرب الماء في صلاة التراويح في المذهب؟

Is it permitted to drink water while in the salah of Tarawih according the madhhab?

نعم يجوز شرب يسير ماء في صلاة التطوع، وقد كان يفعله بعض الصحابة ونص عليه الإمام أحمد نقله حرب وحنبل. وذلك لِأَنَّ إِطَالَة التطوع مُسْتَحَبَّةٌ مَطْلُوبَةٌ، فَيَحْتَاجُ مَعَهُ كَثِيرًا إلَى جُرْعَةِ مَاءٍ لِدَفْعِ عَطَشٍ، كَمَا سُومِحَ فِيهِ فِي الْجُلُوسِ وَعَلَى الرَّاحِلَةِ. انظر: شرح المنتهى، باب: سجود السهو 1/224

Yes, it is permitted to drink a small amount of water while in the optional salah. This was done by some Companions and is explicitly mentioned by the Imam, Ahmad ibn Hanbal,[1] as handed down by narration from Harb ibn Isma`il[2] and Hanbal ibn Ishaq.[3]  And the reason for that is it is a long, praiseworthy optional salah that is emphasised one do and the one in that is in need of quenching thirst with water to discharge that. And just as one may drink water while in the optional salah, one is also excused for sitting in an optional salah or even riding on a mount as well. For further details, one may look at what the author wrote in Commentary on the Uttermost Boundary[4] on this topic.[5]

وحدثني أحد شيوخنا النجديين أن بعض قدماء الشيوخ عندهم كانوا يفعلونه وكان ينتقدهم بعض النابتة الجدد لجهلهم بهذا الحكم.

It was narrated to us by one of our Shaikhs from the Najd that some of the elders of the Hanbalis among them used to do this action and the ignorant fools among the followers of Muhammad ibn `Abdul Wahhab[6] would rebuke them due to their ignorance of this ruling.

كتبه د.مصطفى حمدو الحنبلي

As written by the Shaikh, Mustafa Hamdu `Ulayyan Al-Hanbali


[1] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as ImamsSufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. cf.As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17; 58-124

[2] d.280 (AD893). He is Harb ibn Isma`il ibn Khalaf Al-Kirmani.  Please see the oldest collected biography of Al-Kirmani: Abul Hussain Muhammad ibn Muhammad’s Tabaqat ul-Hanabilah, vol.1, pp.136-137

[3] d.273 (AD886). He is Abu `Ali Hanbal ibn Ishaq ibn Hanbal ibn Hilal ibn Asad Ash-Shaibani. Notable memoriser and trustworthy, he witnessed and wrote on the Inquisition of the Imam and the events immediately following. Tadhkirat ul-Huffaz, vol.2, pp.599-601.

[4] Ar.Sharh ul-Muntaha

[5] Sharh ul-Muntaha, vol.1, pp.223-224

[6] 1111-1206 (AD1716-1811). He is Muhammad ibn `Abdul Wahhab ibn Sulaiman ibn `Ali An-Najdi At-Tamimi. False prophet, teacher, reviver of the Khawarij for his century, referenced as the “Najdi Shaykh” due to the fact that Shaitan held the same title and post, the evil of his organisation spread far and wide, enveloping the Ala Sa`ud family. The family’s head, Muhammad ibn Sa`ud, agreed to confederate with Ibn `Abdul Wahhab with himself as the secular head and the latter as religious figure head. After the Rashidiyyah were overrun by the Ala Sa`ud, they renamed Arabia to “The Kingdom of Saudi Arabia” and calcified their religion into statecraft. To this day, every king ruling that land is from the Ala Sa`ud while every leader of this false religion is from the Ala Shaykh (Muhammad ibn `Abdul Wahhab’s family title). They work in tandem and over the past three hundred years have spread major shirk and kufr throughout the Muslim world and beyond with piles of pamphlets, booklets and reworked classic texts. Please see Al-Makki’s As-Suhub ul-Wabilah, pp.275-277 for mention made of this as well as the landmark works, The Divine Lightning by Imam Sulaiman ibn `Abdul Wahhab (d.1209) and the Divine Texts by Imam Mustafa Ash-Shatti (d.1348), may Allah have mercy on both of them, which both give a full treatment of the topic.

9 RAMADAN 1443: RAMADAN FATAWA

فتاوى رمضانية (20)

Ramadan Fatawa #20

سأل أحد الإخوة عن حكم فحص الحمل للأنثى في نهار رمضان؟

One of the brothers asked the ruling about a woman having a pregnancy examination in the daytime of Ramadan and what that means for the sawm.

فقلت: لا يفسد الصيام، وكذا كل شيء دخل قبل الأنثى غير ذكر فلا يفسد الصيام؛ لأنه في حكم الظاهر كالفم، جزم به في المنتهى. انظر: حاشية اللبدي على شرح الدليل 138

My statement is that it does not spoil the sawm; likewise anything that come into the vaginal area of the woman – besides the penis – does not spoil the sawm as it belongs to the judgement of the apparent, like the mouth as explicitly mentioned by the author[1] of the Uttermost Boundary.[2]  And this is the ruling on the topic.[3]


[1] d.972 (AD1565). He is Taqi ud-Din Muhammad ibn Ahmad ibn `Abdul `Aziz ibn `Ali ibn Ibrahim ibn Rushaid Al-Futuhi Al-Masri. Known as Chief Qadi, Shaikh ul-Islam, Imam Al-Futuhi was one of the greatest Egyptian Hanbali scholars to have ever lived. In his youth, he memorised Al-`Umdah, Al-Muqni`, Al-Kafi and scores of other texts. His first teacher was his father, Imam Shihab ud-Din Ahmad Al-Buhuti Al-Hanbali, and was also in the company of others such as Imams Ahmad Al-Maqdisi, and a host of others. As per the practice of the Egyptian Hanbalis, he then travelled to Sham and studied with the Hanbali scholars for a number of years and then returned and became the most knowledgeable in Egypt of the madhhab, not long after penning his masterpiece Muntaha Al-Iradat, a book that was so lauded, senior judges Mansur ibn Yunus Al-Buhuti and Mar`ii ibn Yusuf Al-Karmi commented on it in their works Daqa’iq Uwl in-Nuha and Sharh ul-Muntaha, respectively. Upon the death of Imam Taqi ud-Din Al-Futuhi, some scholars said that the madhhab in Egypt faded, as there was no one who brought about another legacy as rich as his own and that of his father. Fortunately, others such as Imam Mansur Al-Buhuti came after, and today we have some Subki, Futuhi and Sayyid families teaching the original methods and principles. Students of Imam Al-Futuhi included Shihab ud-Din Ash-Shuwaiki in Madinah and his student, Imam Musa Al-Hajjawi, who would later be the great judge of Sham. As-Suhub ul-Wabilah `Ala Dara’ih il-Hanabilah, vol.2, pp.854-858 (Bakr Abu Zaid interpolations)    

مصطفى عليان.

As written by the Shaikh, Mustafa Hamdu `Ulayyan

[2] Ar. Muntaha

[3] cf. Imam Al-Labadi in Hashiyat ul-Labadi fi Sharh id-Dalil, pp.137-138

7 RAMADAN 1443: FIQH RULING ON KILLING ANIMALS, VULNERABLE HUMAN BEINGS AND PATIENTS TO “EASE PAIN” AND “END SUFFERING”

قتل المريض المتألم لإراحته ؟

Killing the terminally ill in order to “ease his pain” and “put him out of his misery”

قال في الإقناع مع شرحه للبهوتي 5 / 495:

Imam Mansur ibn Yunus Al-Buhuti,[1] may Allah have mercy upon him, in his commentary on The Sufficiency,[2] uttered:

“(ولا يجوز قتلها) أي البهيمة (ولا ذبحها للإراحة) لأنها مال ما دامت حية، وذبحها إتلاف لها وقد نهي عن إتلاف المال (كالآدمي المتألم بالأمراض الصعبة) أو المصلوب بنحو حديد لأنه معصوم مادام حيا”.

So it is neither permitted to kill the severely ill beast nor slaughter it in order to ease its pain[3] as it always inclines towards life[4] and represents wealth while alive. Slaughtering it is not permitted as it represents destroying wealth.[5] And the same rule holds for killing the human being[6] that has terminal illnesses or the one crushed or impaled by metal beam as such a one’s life is inviolate[7] so long as he remains alive.[8]

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] d.1051 (AD1656). He is Abus-Sa`adat Mansur ibn Yunus ibn Salah ud-Din ibn Hasan ibn Ahmad ibn `Ali Al-Buhuti. Egyptian marja` and one of the depended upon sources in the Hanbali School in the later age, he studied with premier scholars of Sham, such as Imams Yahya Al-Hajjawi and others. He became the leading Hanbali scholar in Egypt, even outranking the senior Subki, Futuhi and Sa`di families in importance. He wrote five large works in fiqh and smaller texts on selected topics. The Imam, Sulaiman ibn `Ali (d.1079 (AD1674), when he learned that Al-Buhuti had penned his fiqh text, Ar-Rawd ul-Murbi`, burned his own text and told all his students in Najd to follow the Imam. Please see Ibn Humaid’s As-Suhub ul-Wabilah, pp.472-474

[2] Ar.Al-Iqna`

[3] And you can’t eat the animal when it is ill as this would be impermissible and render it maitah.

[4] As the animal by nature will strive to regain its health and it can’t be said for sure that it will die for a fact as only Allah possesses life and death.

[5] And one is not to eat blemished, injured or terminally ill animals as the flesh would be poison.

[6] Notice that he makes a distinction between humans and other created things. This should be something for Muslims studying medicine, anthropology and the like to keep in mind.

[7] This means his life has value and not the hospital, lawyers, Grandma Tuddie or anyone else have autonomy over him except Allah.

[8] Kash-shaf ul-Qina` `An Matn il-Iqna`, vol.5, p.495

6 RAMADAN 1443: A FIRM WARNING FROM IMAM `ABDUL QADIR AL-JILANI

تحذير الشيخ عبد القادر من التجسيم والمجسمة:

Shaikh `Abdul Qadir Al-Jilani (d.561) warns against likening Allah to the creation and the Mujassimah

قال الإمام عبد القادر الجيلاني في كتابه الغنية :” واتفقت فرق المشبهة على أن الله جسم وأنه لا يجوز أن يعقل الموجود إلا جسما، والذي غلب عليهم التشبيه فرق الروافض والكرامية”.

The Imam, `Abdul Qadir Al-Jilani, may Allah have mercy upon him, mentioned in his work, Al-Ghunyah: The Mushabbihah groups have agreed on that Allah possesses a body, that it is not possible that something exists unless it is a body. And many people that transgress in the realm of likening Allah to the creation include the Rawafid and Karramiyyah sects.

ثم حكى من مقالتهم: أنه تعالى جسم من لحم ودم وله جوارح وأعضاء وأنه في جميع ذلك لا يشبه الأشياء والأشياء لا تشبهه.

Then one of the statements that they have said, “Indeed the Exalted One is a body of flesh and bone, limbs and parts; but even with all of that, He does not resemble things and things do not resemble Him”.

كتبه الشيخ مصطفى حمدو عليان

As written by the Shaikh, Mustafa Hamdu `Ulayyan

Let us take heed from the narrative about these hideous groups and may Allah protect us.

5 RAMADAN 1443: SOME FIQH ABOUT SAWM

فوائد رمضانية من المذهب الحنبلي

Ramadan Benefits as Taken from the Hanbali School

مجموعة ومختصرة من كتاب الإنصاف للمرداوي

Collected and Summarised from The Equity[1] by Imam Al-Mardawi

* الصوم والصيام في اللغة : الإمساك ، وهو في الشرع: عبارة عن إمساك مخصوص في وقت مخصوص على وجه مخصوص

 The words sawm and siyam in the Arabic language signify abstaining from something while in the Revealed Law it is an expression regarding a specific act of abstaining from something in a specific time in a specific way.

* فرض صوم رمضان في السنة الثانية إجماعا، فصام رسول الله عليه أفضل الصلاة والسلام تسع رمضانات إجماعا المستحب أن يقول “شهر رمضان” كما قال الله تعالى .

The compulsory sawm of Ramadan came into effect in 2AH by the Consensus of history and scholars. So the Messenger of Allah, may the best peace and blessings of Allah be upon him, made sawm for nine Ramadans according to the Consensus of history and scholars. It is praiseworthy that one refers to “Shahru Ramadan” or the “month of Ramadan” as was mentioned by Allah, Exalted be He.

ولا يكره قول “رمضان”بإسقاط”شهر” مطلقا، على الصحيح من المذهب .

It is not disliked to merely say “Ramadan” by dropping the word “month of” at all according to the sahih statement of the School.

*الناس تبع للإمام في الصوم والفطر إلا المنفرد برؤيته، فإنه يصومه .

So people follow the Imam in sawm and breaking sawm except in the case of the individual who saw the crescent moon by himself. In that case, this individual makes sawm along.

*إذا رأى الهلال أهل بلد لزم الناس كلهم الصوم، ولا خلاف في لزوم الصوم على من رآه. وأما من لم يره: فإن كانت المطالع متفقة لزمهم الصوم أيضا  

When the people of a land saw the crescent moon, then all the people are required to make the sawm and there is no difference of opinion on the sawm being required for the one that saw the crescent moon. In the case of the one who did not see the crescent moon, then they must make the sawm as well if the horizons agree. 

وإن اختلفت المطالع ، فالصحيح من المذهب : لزوم الصوم أيضا ، قدمه في الفروع ، والفائق ، والرعاية ، وهو من المفردات

If the horizons differ, then the sahih position of the Madhhab is that they are obligated to make the sawm as well. As well mentioned by the author[2] of the Branches,[3] author[4] of Superior,[5] author[6] of Safeguarding[7]  and it is one of the specific things to the School.

*لو صاموا ثمانية وعشرين يوما، ثم رأوا هلال شوال: أفطروا قطعا، وقضوا يوما فقط. على الصحيح من المذهب، ونقله حنبل، وجزم به المجد في شرحه وغيره، وقدمه في الفروع

If the people did the sawm for 28 days, then they saw the crescent moon of the month of Shawwal, then they are to break the sawm for sure and they must make up the day they missed. And this is the sahih position of the School as was mentioned by Hanbal ibn Ishaq,[8] explicitly stated by Majd ud-Din Ibn Taymiyyah[9]  in his commentary and others and given precedence in the Branches.

* لو برئ المريض مفطرا، فحكمه حكم الحائض والنفساء والمسافر

If the one who was ill or inform recovered at some point in the day and was not making sawm, then his ruling is the same thing as that of the one on her cycle, post-natal bleeding and the traveller in the same situation.

*لو حاضت امرأة في أثناء يوم، فقال الإمام أحمد: تمسك كمسافر قدم هذا الصحيح من المذهب.

If a woman started her monthly cycle at some point in the day, the Imam, Ahmad ibn Hanbal,[10] may Allah be pleased with him, stated, “Her sawm is broken but she should abstain from food for the rest of the day.[11] And this is the same ruling as the traveller who reached his home city”. And this is the sahih statement of the School.

*لا يلزم من أفطر في صوم واجب غير رمضان الإمساك ذكره جماعة، وقدمه في الفروع .

In the case of the one who broke a wajib[12] sawm that was not Ramadan, it is not necessary for this one to abstain from food for the rest of the day. And this was mentioned by a group of scholars and given precedence in the Branches.

*من لم يمكنه التداوي في مرضه وتركه يضر به، فله التداوي .

And whoever is taking medical treatment that does not allow him to make sawm and leaving the treatment would bring harm to him, then he takes the medical treatment.

نقله حنبل فيمن به رمد يخاف الضرر بترك الاكتحال لتضرره [ بالصوم ] كتضرره بمجرد الصوم

And this was narrated by Hanbal ibn Ishaq regarding the one who was stricken with loss of vision that would harm him by leaving the application of kohl. So in that case, if leaving the thing would cause him real harm by making sawm, then he would not do so.

* المريض إذا لم يخف الضرر لا يفطر، وهو صحيح، وعليه الأصحاب، وجزم به في الرعاية في وجع رأس وحمى. ثم قال قلت: إلا أن يتضرر. وقيل لأحمد: متى يفطر المريض ؟ قال إذا لم يستطع .

The ill – when he has no fear of harm coming to him in the illness – does not break the sawm and this is the correct ruling of the School, as the Companions of the School agree upon it and it is clearly mentioned in Safeguarding regarding headache as well as fever. Imam Al-Mardawi[13] mentioned that this is the case except when harm will come to him. Someone said to Imam Ahmad, “When is the ill or infirm permitted to break the sawm?” He said, “When he does not have the ability to make the sawm”.

قيل: مثل الحمى ؟ قال: وأي مرض أشد من الحمى؟

Then it was said to him, “Well, what about fever?” The Imam replied, “Is there any illness more severe than fever?”

* لو كان به شبق يخاف منه تشقق أنثييه: جامع وقضى ولا يكفر، نقله الشالنجي. قال الأصحاب: هذا إذا لم تندفع شهوته بدونه .فإن اندفعت شهوته بدون الجماع لم يجز له الجماع .

If his sexual desire was such that he feared that some harm would come to him,[14] then he would engage in sexual intercourse and make up the sawm but not give expiation.[15] And this is handed down through the narration of Ash-Shalanji.[16] The Companions of the School have said this is when he cannot offset his sexual desire by other means. Now if he can offset his sexual desire without sexual intercourse, then he is not to engage in sexual intercourse.

*لو تعذر قضاؤه لدوام شبقه: فحكمه حكم العاجز عن الصوم لكبر أو مرض لا يرجى برؤه على ما تقدم قريبا. ذكره في الفروع وغيره .

If he had an excuse for making it up – like in the case of constant presence of overwhelming sexual desire – then his ruling is like the one who is unable to do sawm due to old age or illness without hope of it being lifted as what was discussed before. And this was discussed in the Branches and other texts.

*والمسافر يستحب له الفطر، وهذا المذهب. وعليه الأصحاب، ونص عليه، وهو من المفردات. سواء وجد مشقة أم لا. ولو سافر ليفطر حرم عليه .

It is praiseworthy for the traveller to break his sawm which is the ruling of the School as agreed upon by the Companions of the School and explicitly recorded from the Imam, Ahmad ibn Hanbal and it is from the unique rulings of the School. And this is whether he found difficulty in the travel or not; but if he travelled in order that he might break his sawm, this is impermissible.[17]

*والحامل والمرضع إذا خافتا على أنفسهما أفطرتا، وقضتا، من غير إطعام، وهذا المذهب، وعليه جماهير الأصحاب، وقطع به أكثرهم. ويكره لهما الصوم والحالة هذه قولا واحدا .

In the case of the woman that is either pregnant or breastfeeding – when either of them fears for her health – she is to break the sawm and then make it up later but without having to feed anyone for the day.[18] And this is the School and upon it are the great preponderance of the Companions of the School and decisively mentioned. And for either of these women, it is disliked[19] for both of them to make sawm and the statement on this matter is but one statement.

*وإن خافتا على ولديهما، أفطرتا، وقضتا، وأطعمتا عن كل يوم مسكينا، على الصحيح من المذهب، بلا ريب. ولا يسقط عنها القضاء مع القدرة وقد ضعف الامام أحمد قول ابن عمر.

In the case that either of these women feared for the health of their children,[20] then they should break their sawm, make up the sawm later and feed one needy person for every day they do not make sawm.[21] And this is the authentic position of the School without doubt. And the make-up is not lifted from her when she is able to carry out the make-up and the Imam, Ahmad ibn Hanbal, considered as da`if the statement of Ibn `Umar[22] on this topic.

*يجوز الفطر للظئر وهي التي ترضع ولد غيرها إن خافت عليه، أو على نفسها .

It is permitted[23] for the milk mother – meaning, the one who breastfeeds someone else’s child – to break her sawm if she fears for the health of the child or herself.

*يجوز صرف الإطعام إلى مسكين واحد جملة واحدة .بلا نزاع .

It is permitted to discharge the food he would give one person for not making sawm[24] to one needy person in one lump sum and there is no dispute in the matter.

*لا يسقط الإطعام بالعجز على الصحيح من المذهب، وهو ظاهر كلام الإمام أحمد رحمه الله، واختاره المجد، وجزم به في المستوعب، والمحرر، وقدمه في الفروع. وذكر القاضي وأصحابه: يسقط في الحامل والمرضع ككفارة الوطء،

The discharging of food to the needy is not lifted due to inability as per the correct ruling from the School, the dominant statement of the Imam, Ahmad ibn Hanbal, may Allah be pleased with him, the chosen ruling of Majd ud-Din Ibn Taymiyyah, clearly mentioned by Ibn Sunainah[25] in The Rulings Covering the Full Capacity of Needs[26], the Clarified Rulings,[27] given precedence in the Branches. Al-Qadi Abu Ya`la Al-Baghdadi[28] and his Companions have said that feeding the needy is lifted from the pregnant and breastfeeding that is unable to do so and this ruling is the same as for the expiation for the one who had sexual intercourse in the daytime of the month of Ramadan.

بل أولى للعذر، ولا يسقط الإطعام عن الكبير والميئوس بالعجز، ولا إطعام من أخر قضاء رمضان وغيره، غير كفارة الجماع .

And adhering to this ruling is even more emphasised when there is a valid excuse. Feeding the needy person for not making sawm is not lifted regarding the elderly and the one who has no hope of his illness being cured. And there is no feeding the needy regarding the one who delayed making up the sawm of Ramadan and other things with the exception of the expiation for sexual intercourse in the daytime in Ramadan.

*إن نوت حائض صوم فرض ليلا، وقد انقطع دمها، أو تمت عادتها قبل الفجر: صح صومها وإلا فلا .

In the case of the one on her cycle who intended to make a compulsory sawm in the night and her bleeding ceased or her cycle completed before the coming of the time of Fajr, then her sawm is valid. And if the blood had not stopped or the cycle elapsed, the sawm is not valid.

* لا تصح النية في نهار يوم لصوم غد على الصحيح من المذهب، وعليه الأصحاب .

It is not valid to make the niyyah in the daytime for a sawm tomorrow[29] according to the authentic ruling of the School and the agreement of the Companions of the School on the topic.

*يعتبر لكل يوم نية مفردة على الصحيح من المذهب، وعليه أكثر الأصحاب، وعنه يجزئ في أول رمضان نية واحدة لكله نصرها أبو يعلى الصغير على قياسه النذر المعين، وأطلقهما في المحرر، والفائق، فعليها: لو أفطر يوما لعذر أو غيره: لم يصح صيام الباقي بتلك النية .

This then establishes that every day requires a separate niyyah or intention according to the authentic position of the School and the predominance of the Companions. There is a narrative from the Imam that it is permitted to make a niyyah or intention at the beginning of the month that covers the whole of it. And this position was advocated by Al-Qadi Abu Ya`la the Younger using his analogy on the specific vow. Both of these positions were mentioned in the Clarified Rulings and Superior. And on this same subject, it is mentioned that if someone broke a sawm on a day for some excuse or other than that, it is not valid to make sawm for the remainder of the month with that niyyah or intention that was made at the beginning of the month.

جزم به في المستوعب وغيره، وقيل: يصح قدمه في الرعاية، فقال وقيل: ما لم يفسخها، أو يفطر فيه يوما .

This was decisively mentioned by the author of The Rulings Covering the Full Capacity of Needs and others. It was also said that it is still valid as was given precedence in Safeguarding. The author of Safeguarding said, “It has been said that the niyyah remains intact as long as he did not remove it or break the sawm in a day”.

*لو قال: أنا صائم غدا، إن شاء الله تعالى، فإن قصد بالمشيئة الشك والتردد في العزم والقصد: فسدت نيته، وإلا لم تفسد ذكره القاضي في التعليق، وابن عقيل في الفنون، واقتصر عليه في الفروع؛ لأنه إنما قصد أن فعله للصوم بمشيئة الله وتوفيقه وتيسيره .

If someone said, “I am making sawm tomorrow, if Allah, Exalted be He, will”. If he used that expression on account of doubt about whether he would do it or not, waving in the intention and intent, then his niyyah is nullified. And if he intended it to magnify the Name of Allah and that he is doing so by His Will, Success and Ease, then the niyyah is sound and has not be nullified. And this was mentioned by Al-Qadi Abu Ya`la the Eldere in the Marginal Notes,[30] Ibn `Aqil in Funun and mentioned in truncated fashion in Branches.

كما لا يفسد الإيمان بقوله: أنا مؤمن إن شاء الله تعالى غير متردد في الحال .ثم قال القاضي: وكذا نقول في سائر العبادات: لا تفسد بذكر المشيئة في نيتها .

So the niyyah or intention remains in force as long as there was no doubt in the statement in just the same way as Iman is not nullified is someone said, “I am a mu’min, if Allah, Exalted be He, wills” without any wavering in the affair. And Al-Qadi Abu Ya`la the Elder also said, “And also we say this of the remaining acts of worship that one does not nullify the said act by mentioning the Name of Allah in this way in his niyyah or intention for the act”.

* لو خطر بقلبه ليلا: أنه صائم غدا فقد نوى قال الشيخ تقي الدين: هو حين يتعشى يتعشى عشاء من يريد الصوم، ولهذا يفرق بين عشاء ليلة العيد وعشاء ليالي رمضان

 If he had a thought in his heart in the night, “Indeed I will be making sawm tomorrow”, then this established the niyyah or intention. The Shaikh, Taqi ud-Din Ibn Taymiyyah, may Allah have mercy upon him, said, “This means that at the time evening comes the niyyah and intention is made for the one who intended the sawm. And it is due to this that he makes a distinction between the niyyah for what could be the night of `Eid and the evening on the nights of Ramadan”.

*الاكتحال بما يجد طعمه كصبر يفطر، ولا يفطر الإثمد غير المطيب إذا كان يسيرا، نص عليه لو نام نهارا فاحتلم لم يفسد صومه، وكذا لو أمنى من وطء ليل أو أمنى ليلا من مباشرة نهارا .

Using kohl in a capacity in which its taste can be perceived, like in the case of sibr, this breaks the sawm. If he used kohl from ithmid without taste or scent he would take in, then this does not break the sawm when it is only a little that he used as explicitly mentioned by the Imam, Ahmad ibn Hanbal. If someone slept in the daytime and had a wet dream, this does not break his sawm. Furthermore, if he ejaculated from sexual intercourse in the night or just ejaculated in the night from skin to skin contact in the day, this does not nullify the sawm.

* لو هاجت شهوته فأمنى أو أمذى، ولم يمس ذكره: لم يفطر على الصحيح من المذهب وإذا قبل أو لمس فأمذى: فسد صومه هذا الصحيح من المذهب، نص عليه، وعليه أكثر الأصحاب.ولو كرر النظر فأمنى، فسد صومه، وهذا المذهب، وعليه أكثر الأصحاب.

If his sexual desire was kindled and he ejaculated or released pre-seminal fluid and he did not touch his penis, this does not break his sawm according to the authentic position of the School. And when he kissed or touched and then released pre-seminal fluid, his sawm is nullified according to the authentic position from the School as explicitly mentioned by the Imam and established upon by the majority of the Companions of the School. If he should fantasise repeatedly until he ejaculated, then this nullifies his sawm. And this is the School and upon this are most of the Companions of the School.

*ظاهر كلام الإمام أحمد والأصحاب: أنه لا فطر إن لم يظهر دم في الحجامة قال في الفائق: ولو احتجم فلم يسل دم، لم يفطر في أصح الوجهين

* الحجامة من المفطرات لكن لا يقاس عليها غيرها كالفصد وسحب الدم.

The dominant statement of the Imam, Ahmad ibn Hanbal and the Companions of the School is that the sawm is not broken if no blood came out during the hijamah process. The author of the Superior said, “If someone did hijamah and no blood came out, the sawm is not broken according to the most authentic of the two narratives in the School”.

*الصحيح من المذهب: أن الجاهل بالتحريم يفطر بفعل المفطرات ونص عليه في الحجامة وعليه أكثر الأصحاب .

The authentic ruling from the School is that the one that commits a nullifier of the sawm – although ignorant of the things that nullify the sawm – has still nullified it as was explicitly mentioned by the Imam on this topic and on the matter of hijamah and this is the case for most of the Companions of the School.

*حكم الحائض تؤخر الغسل إلى ما بعد طلوع الفجر: حكم الجنب على ما تقدم على الصحيح من المذهب. و يستحب للجنب والحائض إذا طهرت ليلا: الغسل قبل الفجر .

The authentic position of the School regarding the woman who has finished here cycle delaying the ghusl until after the coming of the Fajr time is the same thing as the one that is junub[31] and thus the sawm is valid; however it is praiseworthy[32] for the junub and the one that finished the monthly in the night to make the ghusl before the coming of the Fajr time.

*ولا يجب على كافر ولا مجنون ولا صبي وهو الصحيح من المذهب مطلقا، وعليه جماهير الأصحاب، قال القاضي: المذهب عندي رواية واحدة: لا يجب الصوم على الصبي حتى يبلغ .

Neither the unbeliever, insane or demon possessed, nor child is required for the sawm of Ramadan. And this is the authentic position from the School in absolute terms and this is the position of the great preponderance of the Companions. Al-Qadi Abu Ya`la Al-Baghdadi[33] said, “The School’s ruling according to me is one narration in which it is not wajib for the child to make the sawm until he has reached adulthood”.

وعنه يجب على المميز إن أطاقه، وإلا فلا، وأكثر الأصحاب أطلق الإطاقة، وهو ظاهر ما قدمه في الفروع، وقدمه في الرعاية، وحدد ابن أبي موسى إطاقته بصوم ثلاثة أيام متوالية ولا يضره .

There is another ruling narrated from the Imam, Ahmad ibn Hanbal that it is compulsory on the child that has reached seven years of age when he is able and if he is not, then it is not required. And most of the Companions of the School have based the ruling on the subject of ability, which is the dominant statement put forward by the authors of the Branches, the Safeguarding. Ibn Abi Musa[34] has conditioned the ability of the child on if he is able to make sawm for three days concurrently without it harming him. If so, then he can do the rest of the month.

ولكن يؤمر به إذا أطاقه، ويضرب عليه ليعتاده .

But when the child is able to make sawm, he does so and is disciplined when he leaves it in order for him to develop sawm as a habit.

*وتطلب ليلة القدر في العشر الأخير من رمضان وفي ليالي الوتر آكد. هذا المذهب .وعليه الأصحاب .وقال في الكافي: والأحاديث تدل على أنها تنتقل في ليالي الوتر .

The Night of Power should be sought in the last time nights of Ramadan, specifically in the last odd nights out of the ten. And this is the ruling of the School and upon what the Companions of the School stand upon. Imam Muwaffaq ud-Din Ibn Qudamah[35] mentioned in Source of Satisfaction:[36] “The ahadith indicate that the Night of Power moves throughout the odd nights among the ten”.

قال ابن هبيرة في الإفصاح: الصحيح عندي أنها تنتقل في أفراد العشر، وحكاه ابن عبد البر عن الإمام أحمد .قال المرداوي: وهو الصواب الذي لا شك فيه.

Imam Ibn Hubairah[37] said in his work The Eloquent Reply:[38] “The authentic position to me is that one searches for the Night of Power in the odd ten nights of Ramadan. And this was narrated by Ibn `Abdul Barr from the Imam, Ahmad ibn Hanbal”. Imam Al-Mardawi mentioned that this is the correct position without any doubt about it.

والحمد لله رب العالمين..

Praise be to Allah, Lord of all creation.

مصطفى عليان.

As written by the Shaikh, Mustafa Hamdu `Ulayyan


[1] Ar.Al-Insaf

[2] d.762 (AD1365). He is Shams ud-Din Abu `Abdillah Muhammad ibn Muflih ibn Muhammad ibn Mufarrij Al-Maqdisi Ar-Ramini As-Salihi. Universally known as Imam Ibn Muflih, he is the author of classic texts such as Al-Furu`: Sharh ul-Muqni`, Al-Adab ush-Shar`iyyah wal-Minah ul-Mar`iyyah and a number of other works. Known for his knowledge, he was marja` of his time and one of the authorised commentators on the works of Imam Muwaffaq ud-Din Ibn Qudamah. cf.As-Suhub ul-Wabilah `Ala Dara’ih il-Hanabilah, vol.3, pp.1089-1093 

[3] Ar.Al-Furu`

[4] 693-771 (AD1294-1370). He is Abul `Abbas Ahmad ibn Al-Hasan ibn `Abdullah ibn Abi `Umar Muhammad ibn Ahmad ibn Muhammad ibn Qudamah Al-Maqdisi. Authority, fiqh specialist and great grandson of the great saint, Abu `Umar Al-Maqdisi, he wrote some five books on diverse topics including fiqh. One of Salihiyyah’s greatest graduates, he breathed his last at 78 years of age.

[5] Ar.Al-Fa’iq

[6] d.695 (AD1296). He is Najm ud-Din Abu `Abdullah Ahmad ibn Hamdan ibn Shabib ibn Hamdan ibn Shabib ibn Hamdan Al-Harrani. Specialist in fiqh, Usul, he is author of some five works and later taught in Cairo. cf. Ibn Rajab’s Adh-Dhailu `Ala Tabaqat il-Hanabilah, vol.3, pp.271-272.

[7] Ar.Ar-Ri`ayah

[8] d.273 (AD886). He is Abu `Ali Hanbal ibn Ishaq ibn Hanbal ibn Hilal ibn Asad Ash-Shaibani. Notable memoriser and trustworthy, he witnessed and wrote on the Inquisition of the Imam and the events immediately following. cf.Adh-Dhahabi’s Tadhkirat ul-Huffaz, vol.2, pp.599-601.

[9] d.653 (AD1266). He is Majd ud-Din Abul Barakat `Abdus-Salam ibn `Abdullah ibn Abil-Qasim ibn `Abdullah Al-Khidr ibn Muhammad ibn `Ali Ibn Taymiyyah Al-Harrani, also referred to as Al-Majd. The second highest voice in the school for canonical texts, he wrote his famous work, Al-Muharrar fil-Fiqh (Eng.The Consecrated and Recorded Matters Regarding Legal Rulings), which quickly became one of two foundational sets of works for cataloguing opinions and rulings of the scholars. cf.Ibn Rajab’s Adh-Dhail `Ala Tabaqat il-Hanabilah, vol.4, pp.201-205

[10] 164-241 (AD780-855). He is Abu `Abdullah Ahmad ibn Muhammad ibn Hanbal Ash-Shaibani. The Imam of the Hanbali School. He learned from some of the premier students of the Companions and their students, such as Imams Sufyan ibn `Uyainah, Abu Yusuf ibn Ibrahim, Muhammad ibn Idris Ash-Shafi`ii and Muhammad ibn Al-Hasan Ash-Shaibani.  In addition having memorised one million ahadith, he was a tireless campaigner for the Orthodox faith, suffering torture as well as incarceration for preaching against the cults. cf.Muhammad ibn Muhammad As-Sa`di’s Al-Jawhar ul-Muhassal fi Manaqab il-Imam Ahmad ibn Hanbal, pp.5-17; 58-124

[11] This is known as imsak, which is the practice of abstaining from food and drink out of respect for the sanctity of the day but it is not a sawm as the sawm is broken and needs to be made up. cf.Al-Buhuti in Ar-Rawd ul-Murbi`, vol.1, pp.195+

[12] Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “So wajib entails what is necessary to carry out and what is blameworthy – according to the Revealed Law – to abandon in any sense, meaning at all times”. cf.Al-Madkhal, pp.146-147

[13] 820-885 (AD1417-1480). He is `Ala’ ud-Din Abul Hasan `Ali ibn Sulaiman ibn Ahmad ibn Muhammad Al-Mardawi As-Sa`di As-Salihi. Judge, jurist, historian and grammarian, he was known for writing books on the narrations and debates within the Hanbali School. He organised the arguments under chapter headings, then acted as chief judge for most of his later life until his death. He wrote more than 20 books and was a mujtahid murajjih. Please see Ash-Shatti’s Mukhtasar Tabaqat il-Hanabilah, pp.76-81

[14] This is when this is a real medical condition. This means it is validly diagnosed through a valid medical doctor as a valid disorder based upon valid data from a valid diagnosis.

[15] This is because this is a disorder that reaches the level where it is treated like an involuntary illness. Keep in mind, this is when it is a real medical condition.

[16] d.230 (AD893). He is Isma`il ibn Sa`id Al-Jurjani At-Tabari Al-Kasa’ii Ash-Shalanji. Originally Mu`tazilah and Hanafi, he left it and joined Muslim Orthodoxy and became a student of Imam Ahmad ibn Hanbal. cf.Abul Hussain Al-Baghdadi in Tabaqat, vol.1, pp.1, pp.103-104

[17] Ar. haram. Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “The impermissible is the opposite of the compulsory and taken from the same root word that signifies the inviolate nature of the thing. This word refers to what is not permitted to come near. In the Revealed Law, this word signifies that which if someone did, said or intended in the heart an affair, he is to be censured as that matter is blameworthy”. Al-Madkhal, pp.153-155

[18] Ar.fidyah

[19] Ar. makruh. Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “So the disliked is the opposite of the praiseworthy. The praiseworthy is that which has been commanded – according to the Revealed Law – but not in an emphatic sense to necessitate it being compulsory. That which is disliked has been forbidden but not emphatically so to necessitate it being impermissible. So the one who so abandons this deed receives praise while the committer of the action is not receiving censure”. Al-Madkhal, pp.153-155

[20] Meaning the child in the womb or the child she is breastfeeding

[21] Ar.fidyah

[22] d.73 (AD695). He is Abu `Abdir-Rahman `Abdullah ibn `Umar ibn Al-Khattab Al-Qurshi Al-`Adawi Al-Makki. One of the early Muslims who entered Islam with his father before adulthood, he also made the Hijrah. He was too young for the Battle of Uhud but thereafter attended every other battle with the Prophet, peace and blessings of Allah be upon him. He narrated 1,630 ahadith from the Prophet, peace and blessings of Allah be upon him, to his students. He would later die in Makkah three months after the martyrdom of `Abdullah ibn Az-Zubair. cf. Al-Maqdisi’s Al-Kamal, vol.1, pp.342-344

[23] Ar. mubah. Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “So this is something announced as being permitted or something in which permission has been granted. The permitted thing – according to the Revealed Law – is when the declaration of the thing by Allah is of equal capacity between doing the act or leaving it. There is neither praise connected with carrying out the act nor censure for not carrying out the act. According to the vast majority, the thing called mubah has not been commanded to be carried out”. Al-Madkhal, pp.153-155

[24] This is regarding discharging the fidyah

[25] d.616 (AD1219). He is Abu `Abdillah Muhammad ibn `Abdullah ibn Idris As-Samurri. Known is Ibn Sunainah, he was Shaikh of the Hanbalis in his time and chief marja` and judge or Samurra’. His text is one of the depended upon books from after his time and cited often on more detailed affairs. He would breathe his last at 81 years of age. cf.Ibn Rajab’s Adh-Dhail, vol.2, pp.120-121

[26] Ar.Al-Mustaw`ib

[27] Ar.Al-Muharrar fil-Fiqh

[28] d.458 (AD1063). He is Abu Ya`la Muhammad ibn Al-Hussain ibn Muhammad ibn Khalaf ibn Ahmad ibn Al-Farra’ Al-Baghdadi. Grand marja` and spiritual father to 40 other grand maraji`, he was the first to catalogue the rise of the Ash`ari jama`ah. The Imam’s extensive teaching record and written legacy gave us a number of classics. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.2, pp. 166-198

[29] This is because the cause for that niyyah to be valid has not yet come into force, namely the maghrib that signals a new day for a new sawm for which he will be making the niyyah.

[30] Ar.At-Ta`liq

[31] The one who has greater hadath (which is called junub) that requires ghusl, is not in a suitable state to touch the Qur’an, make salah or the like until they have had the ghusl. Someone who had lesser hadath would not be in a suitable state to make salah or touch the Qur’an unless they had wudu’.  So the matter of hadath is connected with the actions a believer may or may not do, not to his salvation or spiritual state. The following hadith is a case in point, Abu Hurairah, may Allah be pleased with him, “The Prophet, peace and blessings of Allah be upon him, came across me in the one the streets in Madinah and at the time I was in a state of junub. So I avoided him and went to take a bath. When I returned, the Prophet, peace and blessings be upon him, said, ‘Abu Hurairah! Where have you been?’ I replied, ‘I was junub, so I disliked sitting in your company. The Prophet, peace and blessings be upon him, said, ‘Glory be to Allah! The believer never becomes impure (najis)’.” Collected in Al-Jami` us-Sahih by Imam Muhammad ibn Isma`il Al-Bukhari, The Book of Ghusl, under the chapter of The Junub may Leave from the House and Go into the Market and Other Places and classed by him as authentic.

This statement and others should show that someone in a state of junub is not forbidden from sitting with people, visiting the market, talking on the phone or other mundane activities. There should be no superstition attached to this state, for the junub and lesser hadath is again, to stress the point, connected with certain actions of worship that one may or may not do, not their relationship with Allah or other believers. The believer is never najis. Thus one who is in either state may supplicate Allah, make dhikr, read certain beneficial books of Islamic knowledge and prepare, cook and serve food. There is further discussion on this in the main body of the work and other notes.

[32] Ar. mustahabb. Imam `Abdul Qadir Ibn Badran Ad-Dumi (d.1346 (AD1929), may Allah have mercy upon him, says of the matter, “The praiseworthy – according to the Revealed Law – is that which if one does it, he is rewarded while if he was to abandon it, he is not punished in any sense, whether it is abandoned for something else or not”. cf.Ibn Badran in Al-Madkhal, pp.151-152

[33] d.458 (AD1063). He is Abu Ya`la Muhammad ibn Al-Hussain ibn Muhammad ibn Khalaf ibn Ahmad ibn Al-Farra’ Al-Baghdadi. Grand marja` and spiritual father to 40 other grand maraji`, he was the first to catalogue the rise of the Ash`ari jama`ah. The Imam’s extensive teaching record and written legacy gave us a number of classics. Please see Abul Hussain’s Tabaqat ul-Hanabilah, vol.2, pp.166-198

[34] d.428 (AD1033). He is Abu `Ali Muhammad ibn Ahmad ibn Abi Musa Al-Hashimi. Qadi, preacher, writer and specialist, he wrote a number of works in fiqh, one of the most famous being Al-Irshad. cf.Mafatih ul-Fiqh il-Hanbali, vol.2, pp.62-63

[35] 541-620 (AD1146-1223). He is Muwaffaq ud-Din Abu Muhammad `Abdullah ibn Ahmad ibn Muhammad ibn Qudamah. One of the Revivers of Islam in his time, scholar of fiqh, hadith, ihsan, math and many other disciplines, he is one of the highest voices of authority in the school of Imam Ahmad ibn Hanbal. Please see Ibn Rajab’s Adh-Dhailu `Ala Tabaqat il-Hanabilah, vol.4, pp.105-119.

[36] Ar.Al-Kafi

[37] 499-560 (AD1104-1165). He is Abul Muzaffar `Awn ud-Din Yahya ibn Muhammad ibn Hubairah Ash-Shaibani Al-Baghdadi Al-Hanbali. Scholar extraordinaire and enemy to innovation, his hostility to the government of the time put him in close encounters that he was able to avoid. He was a senior teacher in his time and rulers both feared and respected him. He died as a martyr after being poisoned. cf.Ibn Rajab’s Adh-Dhailu, vol.3, pp.211-243

[38] Ar.Al-Ifsah

Sham, Iraq, Egypt: the Authoritiesٍ