Category Archives: Fiqh

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

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

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.  

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.

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”.