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