Islam: Questions And Answers - Jurisprudence and Islamic Rulings (Part 1) Vol 22

ISLAM: QUESTIONS AND ANSWERS Jurisprudence and Islamic Rulings: General and Transactions - Part 1 Volume 22 of a Series...

Author: Muhammad | Saed Abdul-Rahman

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ISLAM: QUESTIONS AND ANSWERS

Jurisprudence and Islamic Rulings: General and Transactions - Part 1 Volume 22 of a Series of Islamic Books by Muhammad Saed Abdul-Rahman

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Islam: Questions And Answers Volume 22 Jurisprudence and Islamic Rulings: General and Transactions - Part 1

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Islam: Questions And Answers Volume 22 Jurisprudence and Islamic Rulings: General and Transactions - Part 1

Muhammad Saed Abdul-Rahman B.Sc., DipHE

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© Muhammad Saed Abdul-Rahman, 2004 ISBN for all volumes 1 86179 080 5 ISBN for volume 22 paperback 1 86179 409 6 ISBN for volume 22 hardback 1 86179 410 X ISBN for volume 22 pdf eBook 1 86179 411 8 ISBN for volume 22 Microsoft eBook 1 86179 412 6 ISBN for volume 22 Palm eBook 1 86179 413 4 All Rights reserved

British Library Cataloguing in Publication Data. A Catalogue record for this book is available from the British Library

Designed, Typeset and produced by: MSA Publication Limited, 4 Bello Close, Herne Hill, London SE24 9BW United Kingdom

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Contents Introduction .............................................................................. 1 Chapter 1................................................................................... 3 General ................................................................................. 3 21844: What are the qualities which a person must attain if he wants to set himself up to issue fatwas?........................................................................ 3 21271Why is the legacy mentioned first in the aayah, “after payment of legacies that you may have bequeathed or debts” [al-Nisa’ 4:12]? ............... 4 21511: How to deal with papers on which Allaah’s name is mentioned ....................................... 6 21179: Meaning of the word Pokemon ...................... 6 22948: She is asking about the zakaah on white gold, and about a house that is haunted by the jinn ................................................................... 7 21375: Rulings on revitalizing disused land .............. 9 21577: Rulings on lending ....................................... 13 21656: Should he give water to a thirsty man when he fears that he himself may become thirsty in the desert? ................................................. 17 22140: Can a person be considered as a shaheed if he dies whilst on a business trip by sea? ............... 18 10323: Rulings on seizing things wrongfully .......... 19 Chapter 2................................................................................. 24 Transactions ....................................................................... 24 General .......................................................................... 24 21290: Ruling on offering congratulations at the beginning of the Hijri year ................................. 24 20279: Working as a sales agent .............................. 25 13743: Ruling on discount cards .............................. 26 21980: Commission ................................................. 27 13262: When should orphans be given their wealth? ..................................................................... 28 v

14042: Prisoner giving a blood sample to the state authorities for testing ....................................... 29 26344: How to take possession of lands that do not belong to anyone ........................................... 30 20769: Using the services of another bank .............. 32 Chapter 3................................................................................. 33 Transactions ....................................................................... 33 Spending on those under one’s responsibility ....................................................... 33 48952: Can a woman donate any of her money without her husband’s permission? .............. 33 44995: Should she spend on her parents who are poor without her husband’s approval? ............... 37 25786: Does a son have to spend on his father even if he is rich? ..................................................... 39 8916: Is a husband obliged to spend on his wife’s Hajj? ......................................................... 41 21701: Benefitting from the wealth of a father who deals in riba ............................................ 42 21684: Wife disposing of her own money without her husband’s knowledge ............................ 45 10332: Is it permissible to pay off the debt of a son who is in need when one has other children? ................................................................... 46 20886: The wife is not entitled to maintenance if she refused to go back to her husband’s house ..... 48 13464: What is the maximum extent of the obligation to spend on one’s children? ..................... 48 22063: The reward for spending on one’s wife and children .............................................................. 51 21658: Will a Muslim be rewarded for spending on building? .............................................................. 56 2686: If a woman works, does she have to pay the household expenses? .......................................... 58 10495: His wife demands clothes and gold like her friends have ........................................................ 61 10122: Her husband has left Islam; is vi

she entitled to maintenance during the ‘iddah period? ...................................................................... 62 10552: Spending on relatives ................................... 63 10038: He does not work and his wife is spending on him – is this considered to be a debt that he owes? .................................................... 64 5500: What should he do when his kaafir father asks him for money? ...................................... 65 4838: He is in need and his brother is a music-writer ............................................................. 66 3463: Do both fathers and sons have to finance one another’s Hajj? ...................................... 66 10608: To whom should he give preference, his mother or his wife?................................................... 67 5591: Her husband wants her to work outside the home ................................................................... 68 6026: Spending on one’s relatives ............................ 69 4282: The son has a family and his father is exhausting him with his financial demands ............. 72 1836: Wife and children eating from the husband’s haraam earnings....................................... 77 215: A minor whose parents’ income is haraam ....... 78 Chapter 4................................................................................. 80 Transactions ....................................................................... 80 Gifts and Presents ......................................................... 80 49015: Ruling on lender accepting a gift from the borrower ............................................................. 80 22181: Accepting a gift with strings attached from a non-Muslim .................................................. 84 46797: Can a Muslim accept a gift from his kaafir brother? .......................................................... 85 47148: Buying back a gift from someone other than the one to whom it was given ........................... 86 34602: Buying back a gift from the one to whom it was given ................................................... 86 34591: Accepting gifts and donations from haraam wealth .......................................................... 87 vii

34640: There is nothing wrong with accepting a gift and giving something of similar value to the giver .......................................... 89 34614: Which is better, giving a gift or giving charity? .......................................................... 91 34701: The obligation to treat co-wives fairly in giving gifts ........................................................... 93 39488: It is not permissible for your father to accept what is given to him because of his work.......................................................................... 94 11564: Accepting a gift from a kaafir ....................... 97 11585: Giver buying the gift from the person to whom it was given ............................................... 98 34658: He has been given money to help him get married – should he accept it? ............................ 99 34655: If I am given a gift should I give something similar back to the giver? ..................... 100 6964: Accepting money from kaafirs ..................... 101 22762: Teacher accepting a gift from the students ................................................................... 103 22754: Ruling on taking the gifts given to bosses in companies and departments .................... 104 9810: Her father is asking her for some of her dowry ................................................................ 106 12599: Should a doctor accept the invitations of the drug companies? .......................................... 107 22169: Ruling on differentiating between children in gift-giving ............................................. 108 10447: How to write a will ..................................... 113 9329: Ruling on father taking back a gift that he had given to his son ........................................... 118 11505: He wants to open accounts to save money for each of his children ............................... 119 8217: About showing preference to one child in gift-giving ........................................................... 120 10646: The difference between Waqf and Endowment/trust fund ............................................ 121 viii

10830: Ruling on giving a gift to the one who performs the nikaah (marriage ceremony) ............. 123 10430: Encouraging traders to give donations by advertising their businesses ............................... 124 9633: Should a teacher accept gifts from students? ................................................................. 124 8375: Collecting donations to give gifts to poor families at Christmas ..................................... 125 9014: Good deeds on behalf of others .................... 127 5238: Exchange of gifts among principal and teachers ................................................................... 138 5229: Students giving gifts to teachers .................. 139 6357: Concealing sources of income when receiving government assistance ............................ 140 2320: Ruling on blood transfusion ......................... 141 4272: He found out that a gift was stolen goods ...................................................................... 143 6148: Cash back awards for users of credit cards ....................................................................... 144 958: Donating Blood to Non-Muslims ................... 145 239: Donating blood to Blood Bank ...................... 146 Chapter 5............................................................................... 148 Transactions ..................................................................... 148 Inheritance and distribution of the estate ................................................................. 148 47032: Question about wills and inheritance ......... 148 47057: Division of parents’ estate between sons and daughters. ................................................ 151 39795: She betrayed her husband and put a spell on him, and he turned against his family ....... 152 45018: Should he accept his father’s money that was earned from haraam sources? ................... 156 20709: Is it permissible for him to inherit property that was bought with a riba-based loan? ..................................................... 161 34657: Withholding inheritance from a daughter so that her husband will not take it .......... 162 ix

33603: Their father molested them – should they cut him off? .................................................... 163 20782: Does the grandson inherit from his grandfather? ............................................................ 165 13772: Does stealing prevent a person from inheriting? .............................................................. 167 7019: Inheritance question ..................................... 171 21696: He bequeathed one-third of his wealth to his daughters as a punishment to his son for taking all the money ............................................... 173 14357: If a woman spends on the household, will her share of the inheritance be different? ........ 177 23300: No will for an heir ...................................... 181 13965: He died and left behind a wife, mother, two sons and brothers and sisters ........................... 182 13749: Is it permissible for a grandmother to make a will in favour of her grandchildren when her sons are still alive? ................................. 184 12911: What is the daughter’s share of inheritance? ............................................................ 187 13632: Division of inheritance among a mother, father and four brothers .......................................... 189 12221: Is it permissible for the heirs to agree on males and females taking equal shares? ............ 193 11803: Division of the estate of a man who died and left behind a wife, mother, brother and sister................................................................. 195 2479: Division of the estate of one who leaves a wife, two sons and a daughter behind ................. 196 11021: The estate of the deceased who left behind a wife, sons, sisters and grandchildren ....... 197 9112: His father killed his mother; can he take the inheritance from him on the basis that it is diyah (blood money)? ............................... 198 7578: Can a person who is Muslim in name only be given any part of the inheritance?.............. 199 6902: Writing a will to state that the estate x

should be divided according to sharee’ah .............. 202 1511: Ruling on wills which deprive some of one’s children of their inheritance ...................... 203 3810: Her brother is going to marry a corrupt girl and his family want to deprive him of his inheritance .............................................................. 206 4030: Dividing one’s legacy and excluding a son who does not pray ............................................ 208 4089: Distribution of the estate of the father and his wife who was his business partner ............. 209 2722: Ruling on Muslims and kaafirs leaving things to one another in their wills ......................... 211 2261: Ruling on a Muslim taking his inheritance from a kaafir to give it in charity ............................ 213 2815: Difference of religion and its effect on inheritance .............................................................. 214 2099: Her mother died before her grandfather. Does she inherit anything from her grandfather? ... 215 2086: It is not permitted to deny a Muslim child his or her inheritance .............................................. 216 428: Inheritance from non-Muslims ....................... 218 307: Rules of Erth (Inheritance) ............................. 219 Chapter 6............................................................................... 221 Transactions ..................................................................... 221 Compensation ............................................................. 221 50016: Is it permissible to act as guarantor for a person taking a loan from the bank? .............. 221 22830: Replacing entrusted property ..................... 222 26962: She took a ring from her mother without permission and lost it ............................................. 223 13634: Rulings on destruction of property ............. 224 6249: Ruling on raising the price of a product in order to extend the warranty............................... 229 3269: He stole some public property which was then stolen from him ....................................... 230 9234: Someone entrusted something to him in the Haram and left it behind; what should he do? ........ 230 xi

12046: He offered a financial guarantee then he died. Should his heirs pay it off? ....................... 231 11103: Is it haraam to put a bag over the private parts of someone who suffers from incontinence?.......................................................... 232 5428: Penalty for late payment ............................... 233 7832: If a person’s haraam money is stolen, does he have to dispose of it a second time? .......... 234 4849: Ruling on making use of and investing money with which one has been entrusted ............. 235 4616: The owner of the goods left before taking payment .................................................................. 236 4652: If something entrusted to a person is damaged or lost without any deliberate mishandling on his part, he is not obliged to provide compensation ............................................ 237 1822: Letters of credit ............................................ 238 24: Returning stolen property that has depreciated or become obsolete ............................. 239 21: Returning stolen money when amount unknown ................................................................. 240 23: Returning stolen money when profits have been made from it ................................................... 240 98: Returning stolen money when owner not reachable ................................................................ 241 Chapter 7............................................................................... 243 Transactions ..................................................................... 243 Borrowing & Lending ................................................. 243 50016: Is it permissible to act as guarantor for a person taking a loan from the bank? ................... 243 49015: Ruling on lender accepting a gift from the borrower ........................................................... 244 45687: He is embarrassed to return the money to his neighbour because it is such a small amount .................................................................... 248 23388: Paying interest because of inflation is riba ...................................................................... 249 xii

9419: He borrowed from his wife and wants to take a second wife .............................................. 251 8995: Workers “pooling” money ............................ 252 14032: Giving a gift when returning something borrowed ................................................................ 254 7309: Ruling on taking an interest-free loan from the bank with which his company does business .................................................................. 256 3685: He took a loan with riba before becoming Muslim – how should he pay it off now? ............... 256 9664: He took out a loan with interest for his friend, then he repented. What should he do? ........ 258 2379: Repaying an interest-based loan on behalf of one who has passed away........................ 258 2128: Buying a house through the bank ................. 260 824: What should a person who borrowed with interest(Ribba) do? ................................................. 261 244: Profit and salaries made from a business financed with interest ............................................. 263 227: Performing aqeeqah for oneself and older children, and borrowing for it ................................ 264 Chapter 8............................................................................... 267 Transactions ..................................................................... 267 Gambling ..................................................................... 267 42567: Ruling on participating in pension plans.... 267 20962: Ruling on playing pool billiards and the loser paying for the table rental ........................ 268 4013: Wisdom behind the prohibition on gambling ................................................................. 273 10510: Repenting from gambling .......................... 276 6476: Buying lottery tickets ................................... 277 1806: Obtaining a discount card in return for paying a certain amount ......................................... 280 11139: He lives in a house that his father bought through ribaa and gambling .................................... 281 1749: Ruling on players contributing money towards buying prizes for the winner ..................... 282 xiii

751: Why adultery, gambling and the flesh of swine are haraam .................................................... 283 Chapter 9............................................................................... 285 Transactions ..................................................................... 285 Rulings on lost property .............................................. 285 10284: He found a sheep in the desert – what should he do with it? .............................................. 285 8109: He found a watch in Makkah and he picked it up and left ................................................ 285 4603: He found some money whilst travelling ...... 286 4588: Lost property in the Haram (the sanctuary in Makkah) ............................................. 287 4046: Lost property should be announced for one full year ............................................................ 288 4050: He found an amount of cash in the Haram (in Makkah) ................................................ 289 4051: A young child picked up a piece of gold that had been lost ............................................ 291 5049: Rulings on lost property (al-luqtah) ............. 292 Chapter 10............................................................................. 299 Transactions ..................................................................... 299 Illegitimate children .................................................... 299 33020: He found a baby and adopted him – what is the ruling? ............................................... 299 33853: Will foundlings go to Hell? ........................ 301 5201: The difference between sponsoring orphans and adopting them .................................... 302 21409: She wants to raise an illegitimate child with her sons ................................................. 306 13718: Rulings on missing persons........................ 307 10010: Adoption is of two types – forbidden and prescribed ........................................................ 311 4696: Ruling on giving one’s name to a foundling whom one adopts ................................... 312 Chapter 11 ............................................................................. 315 Transactions ..................................................................... 315 trusts ............................................................................ 315 xiv

13717: Rulings on trusts......................................... 315 Chapter 12............................................................................. 318 Transactions ..................................................................... 318 price offered (Ja’aalah) ............................................... 318 10307: Doing a job before knowing about the price offered ..................................................... 318 21239: Rulings on ja’aalah (price offered) ............. 318 Chapter 13............................................................................. 323 Transactions ..................................................................... 323 Animal Rights ............................................................. 323 10502: De-clawing a cat so that it won’t do any damage, and neutering/spaying cats ....................... 323 14422: Keeping pets ............................................... 326 13658: It is not permissible to use animals for target practice ......................................................... 329 11437: what is the fate of animals in the Day of Resurrection ....................................................... 331 20053: Getting cats “fixed” (spayed or neutered) ................................................................. 333 8814: Killing old and sick animals......................... 334 8804: Killing animals which have become a nuisance ............................................................... 335 3005: Can harmful insects be killed by burning them?......................................................... 335 Chapter 14............................................................................. 337 Transactions ..................................................................... 337 Slavery ........................................................................ 337 20802: Intercourse with a slave woman is not regarded as zina (adultery) ..................................... 337 10382: Ruling on having intercourse with a slave woman when one has a wife ......................... 340 12562: What is a “right hand servant”? Does the owner of a “right hand servant” have to be married?.................................................................. 344 26067: He hired a woman to serve him then he agreed with her that she would be his slave ........... 347 13202: It is not permissible for a master to have xv

intercourse with his married slave woman ............. 353 5707: The difference between slaves and prostitutes ............................................................... 353 Chapter 15............................................................................. 355 Transactions ..................................................................... 355 Guardianship, Representation ..................................... 355 36573: Someone appointed him to buy something for him; is it permissible for him to increase the price without that person’s knowledge? ............................................................ 355 26770: Is it permissible for a daughter to pay zakaat al-fitr on behalf of her father? ..................... 357 22297: Agent taking payment for doing something on behalf of another .............................. 358 4347: Delegating a charity organization to pay kafaarat yameen (expiation for breaking a vow) .... 359 11551: Women and teaching .................................. 360 4048: Ruling on an employee and agent of the company owner taking a commission on sales ...... 361

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Introduction Praise be to Allah, the Lord of the worlds, and peace and blessings be upon His last Messenger, Prophet Muhammad, and on his family and his companions. This book, Jurisprudence and Islamic Rulings: General and Transactions - Part 1, is the twenty-second volume of a series of authoritative Islamic books entitled Islam: Questions And Answers. The overall series discusses issues relevant to Islam, and present accurate and reliable information based on the true beliefs and practices of the Prophet (Peace and Blessings of Allaah be upon Him) and his companions. The objectives of the various books include: to teach and familiarize Muslims with various aspects of their religion to be a source for guiding people to Islam to assist in solving the social and personal problems of the Muslims in an Islamic context The books are directed towards Muslims and non-Muslims alike. Subject areas include, but are not limited to, Islamic fiqh and jurisprudence, Islamic history, Islamic social laws (including marriage, divorce, contracts, and inheritance), Islamic finance, basic tenets and aqeedah of the Islamic faith and tawheed, and Arabic grammar as it relates to the Qur'an and Islamic texts. The books are compilations of questions and responses about Islam, from both Muslims and Non-Muslims. The responses are handled mainly by internationally re-nowned Islamic shaykhs and scholars, including Shaykh al-Islam Ibn Taymiyah, Ibn Katheer, al-Albaani, Shaykh Ibn Baaz, Ibn al-Jawzi, Ibn al-Qayyim, Al‘Izz ibn ‘Abd al-Salaam, al-Nawawi, Shaykh ‘Abd al-Kareem, al Khudayr, Al-Dhahabi, al-Qurtubi, Al-Sindi, al-Shawkaani and al-Bastawi using only authentic, scholarly sources based on the Qur'an and sunnah. References, which include Haashiyat Ibn 1

Jurisprudence and Islamic Rulings

Maajah, Sharh Saheeh Muslim, Fataawa al-Lajnah al-Daa’imah, Silsilat al-Ahaadeeth al-Da’eefah, Al-Mawsoo’ah fi Ahaadeeth al-Mahdi al-Da’eefah wa’l-Mawdoo’ah, Al-Manaar al-Muneef and Fataawa Islamiyyah, are provided where appropriate in the responses. The book provides the reader with cross references of other pertinent responses not necessarily in the same volume, but also in other volumes of the series. However, each volume is complete in itself. The book records accurately the answers the contributing Sheikhs and scholars gave to the questions put to them. These are not necessarily the answers which other sheikhs and scholars would have given. Depending on circumstances, for example, Islam permits different solutions to some questions The book also provides the reader with cross-references to other pertinent responses not necessarily in the same volume, but also in other volumes of the series. However, each volume is complete in itself. It is intended that this present series of Books will cover the following subject areas (insha-Allah): Aqeedah (Basic Tenets of Faith); Usool ul-Fiqh (Science of evidence that serve as basis for Fiqh), Fiqh (Jurisprudence and Islamic Rulings), Da'wah (Inviting others to Islam), Aadaab (Manners), Akhlaaq (Character and Morals), Tareekh wa ul Seerah (Islamic history and biography), Tarbiyyah (Pedagogy, education, and upbringing) and Mashakil Nafsiyah wa Ijtimaa'yah (Psychological & Social Problems). May Allah reward the owners and maintainers of www.islamqa.com for granting me full, exclusive, assignable and transferable rights to use and display all the questions and answers needed for the compilation of these books. May Allah grant everyone involved in the promotion of this project good in this world and the Hereafter and protection from the fire of hell.

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Transactions - Part 1

Chapter 1 General 21844: What are the qualities which a person must attain if he wants to set himself up to issue fatwas? Question: What are the qualities which a person must attain if he wants to set himself up to issue fatwas? Answer: Praise be to Allaah. Ibn al-Qayyim said: Abu ‘Abd-Allaah ibn Battah mentioned in his book alKhala’ that Imaam Ahmad said: No man should set himself up to issue fatwas until he has attained five qualities: 1. He should have a good intention, for if he does not have a good intention, he will not be blessed and there will be no blessings in his words. 2. He should be knowledgeable, forbearing, dignified and calm. 3. He should have a strong grasp of knowledge. 4. He should have a strong personality and not be affected by people’s criticism. 5. He should know what people are like. This is what Ahmad said, and this is indicative of his 3


status and knowledge. These five qualities are the foundation for issuing fatwas. If any of them are lacking, there will be a commensurate defect in the mufti. A’laam al-Muwaqqi’een, 4/153. (www.islam-qa.com) 21271Why is the legacy mentioned first in the aayah, “after payment of legacies that you may have bequeathed or debts” [al-Nisa’ 4:12]? Question: Why is the word wasiyah (legacy, will, bequest) mentioned in the Qur’an before the word dayn (debt?) when we know that the debt must be paid off before the legacy is given? Answer: Praise be to Allaah. Al-Qurtubi (may Allaah have mercy on him) said: “What is the reason why the legacy is mentioned before the debt, when the debt takes precedence according to scholarly consensus, i.e., the debts of the deceased must be paid off from his estate before his will is executed… this may be answered in five ways: 1 – What is meant is that these two issues take precedence over the issue of inheritance, and the order in which they are mentioned is not indicative of which one is more important. Hence the bequest was mentioned first. 2 – Because the legacy is less binding than debt, it is mentioned first to show that it is nevertheless important, as when Allaah says (interpretation of the meaning): 4


“What sort of Book is this that leaves neither a small thing nor a big thing…” [al-Kahf 18:49] 4 – The legacy is mentioned first because it is the share of the poor and needy, and the debt is mentioned second because it is the share of the lender who can seek it with force and who has a strong argument to support his case. 5 – Because the legacy is something that is initiated by the person, it is mentioned first, whereas the debt is something that is well established and clear whether he mentioned it or not. See al-Jaami’ li Ahkaam al-Qur’aan by al-Qurtubi, vol. 5, p. 74. Some scholars added two extra points: “The legacy is mentioned first because the legacy is an act of kindness and upholding family ties, unlike the debt which usually results from a kind of neglect. So the phrase starts with the legacy because it is of greater virtue. And it was said that the legacy is mentioned first because it is something that is given for nothing in return, whereas the debt is given in return for something. So payment of the legacy is harder for the heirs than payment of the debt, and paying the legacy may be thought of as a form of waste, unlike the debt which the heir will pay with condifence.” See al-Tahqeeqaat al-Mardiyaah fi’lMabaahith al-Fardiyyah by Shaykh Saalih al-Fawzaan, p. 27. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 5


21511: How to deal with papers on which Allaah’s name is mentioned Question: What is the sharia’s ruling about personal names found in newspapers etc that include either the prophet’s name or Allah’s name (Abdullah, AbdulKarim)? How may these papers be disposed of or destroyed? Answer: Praise be to Allaah. These papers on which Allaah’s name is mentioned should be kept and protected against being handled with disrespect until you have finished with them. When you have finished with them and no longer have any need of them, they should be buried in a clean place, or burnt, or kept in a place where they will be protected against disrespect, such as in a cupboard or on shelves, etc. Fatwa of Shaykh Ibn Baaz from Fataawa Islamiyyah, vol. 4, p. 313. (www.islam-qa.com) 21179: Meaning of the word Pokemon Question: What is Meaning of the word Pokemon ? Answer: Praise be to Allaah. 6


We have heard many suggestion as to the meaning of this world, which may be exaggerations made up by some people, or they may rumours spread by competitors. The correct view is that this is a name that comes from Japan. It is taken from the (English) words “Pocket monster” and means an animal that is small enough to fit in one’s pocket. “Pokemon” is an abbreviation of these two words. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 22948: She is asking about the zakaah on white gold, and about a house that is haunted by the jinn Question: 1 – In shops and gold souqs they sell a metal which is white like silver; some people call it white gold and some call it platinum. Do I have to pay zakaah on it, and is the rate of zakaah on it the same as zakaah on yellow gold? 2 – There is a certain mark that appears on the forehead of some men, which people call the sign of prayer. My husband does not have this mark even though he prays all the prayers regularly in the mosque and is very religious. Is this mark what is referred to by the aayah (interpretation of the meaning): “The mark of them (i.e. of their Faith) is on their faces (foreheads) from the traces of prostration (during prayers)” [al-Fath 48:29]? Why don’t all men get this mark, and why don’t women get it? Does its absence mean anything? 7


3 – We have been living in a rented apartment for five years, and we have felt and noticed many things that make us think that the apartment is inhabited by jinn. In the last few days I have seen a glass cup in the kitchen, flying and throwing itself against the wall, crashing to the ground in pieces of glass. We don’t know what to do. 4 – I am a Muslim woman and like many others I am filled with grief at what America and the Jews are doing to the Muslims. I do not know what is my duty before Allaah with regard to this matter, and what I can do so that I will be free of blame before Allaah. Is there any specific thing that I should do? Answer: Praise be to Allaah. 1 – If it is gold or silver, then zakaah has to be paid on it. To be certain of what it is, you should consult the experts in that field. 2 – This mark does not necessarily appear on the forehead of every person who prays. Rather people vary in the nature of their skin, and the fact that it appears does not mean that a person is righteous. The well-known view among the mufassireen is that the phrase “The mark of them (i.e. of their Faith) is on their faces” refers to the light of obedience. 3 – You have to read Soorat al-Baqarah in the house once a day for three days. 4 – Strive in making du’aa’ for your brothers there, that Allaah may answer your prayers; and give charity to them as much as you can. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 8


21375: Rulings on revitalizing disused land Question: What constitutes revitalizing disused land (al-mawaat)? What are the rulings on that? Answer: Praise be to Allaah. Al-Mawaat is that which has no soul. The meaning here is land which has no owner. The fuqahaa’ (may Allaah have mercy on them) defined it as land which is not being used for a specific purpose and which is not owned by anyone whose ownership is protected by sharee’ah. Two things are exempted from this definition: (1) Land which has come under the protected ownership of a Muslim or a kaafir via purchase, as a gift or any other means. (2) Land which serves the interests of owners whose ownership of land is protected, such as roads, courtyards and waterways, or lands which serve the interests of city dwellers, such as graveyards, garbage dumps, places designated for Eid prayers, woodlots and pastures. None of these may be acquired by revitalizing the land. So if the land is not owned by a person whose ownership is protected, and it is not serving a specific purpose, and someone revitalizes it, then he becomes the owner of it, because of the hadeeth of Jaabir which was attributed to the Prophet (peace and blessings of Allaah be upon him): “Whoever revitalizes dead (disused) land, it becomes his.” This was narrated by Ahmad and al-Tirmidhi, who classed 9


it as saheeh. There are other ahaadeeth which are similar in meaning, some of which are narrated in Saheeh alBukhaari. Most of the fuqahaa’ of different regions agreed that possession of disused land may be taken by revitalizing it, although they differed as to the conditions attached to that, except for the disused lands of the Haram (sanctuary of Makkah) and of ‘Arafaat, which cannot be taken possession of by revitalizing them, because that would make it too difficult to perform the rituals and because he would be taking land which may have to be used during the Hajj. Revitalizing disused land may take several forms: (1) If a person encloses it with a solid wall to keep others out, of the kind that is usually used for that purpose, then he has revitalized it, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever encloses land with a wall, it becomes his.” This was narrated by Ahmad and Abu Dawood from Jaabir, and classed as saheeh by al-Jaarood; a similar report was narrated from Samurah. This indicates that enclosing the land is one of the things by which a person earns the right to ownership. What should be borne in mind is what the word haa’it (wall) refers to in linguistic terms; if a person merely places stones, piles of dirt or a small wall around the land which does not keep anyone out, or he digs a ditch around it, then he does not take possession of it, but he will have more right to revitalize it than anyone else, and he is not permitted to sell it unless he revitalizes it. (2) If he digs a well on the disused land and reaches water, then he has revitalized it. If he digs a well but does not reach water, then he does not take possession of the land thereby, but he will have more right to it than others, because he has started to revitalize it. 10


(3) If he brings water to the disused land from a spring or river, then he has revitalized it thereby, because the water is of more benefit to the land than a wall. (4) If he drains water from disused land which was covered with water, because of which the land was not suitable for farming, and he drains the water so the land then becomes fit for that use, then he has revitalized it, because this is of more benefit to the land than the wall by building which, according to the report, one takes possession of the land. Some of the scholars think that revitalizing disused land should not stop there; rather the matter should be referred to ‘urf (custom) and what the people count as revitalizing land, because through this revitalizing process he will become the owner of the land. This was the view of a group of Hanbali imams and others, because sharee’ah made revitalizing the land the condition for taking possession of it, but it did not define precisely what was meant by revitalizing. So we should refer to what is regarded as revitalizing land according to custom. The Muslim ruler has the right to give land to one who will revitalize it, because the Prophet (peace and blessings of Allaah be upon him) gave land to Bilaal ibn al-Haarith al-‘Aqeeq, he gave land in Hadramawt to Waa’il ibn Hajr; and he gave land to ‘Umar, ‘Uthmaan and a number of the Sahaabah. But the recipient does not become the owner of the land just because he has been given it, unless he revitalizes it, but he has more right to it than others, so if he revitalizes it, it becomes his, and if he is unable to revitalize it, the ruler can take it back and give it to someone else who is able to revitalize it. ‘Umar ibn alKhattaab (may Allaah be pleased with him) took back land from those who were unable to revitalize it. Whoever reaches a permissible thing first – apart from 11


disused land – such as game [animals or birds for hunting] or wood, then he has more right to it. If water that is permissible for everybody (i.e., water that is not owned by anybody) passes through people’s lands, such as a river or the water of a wadi, then the owner of the higher land has the right to use the water for irrigation and to withhold it until it reaches the ankles, then he should let it flow to people further on, and so on in turn. The Prophet (peace and blessings of Allaah be upon him) said, “Irrigate (your land), O Zubayr, then withhold the water until it reaches the walls between the pits round the trees” (agreed upon). ‘Abd al-Razzaaq quoted Mu’ammar alZuhri as saying, “We looked at the words of the Prophet (peace and blessings of Allaah be upon him), ‘then withhold the water until it reaches the walls between the pits round the trees,’ and it came up to the ankles.” In other words, they worked it out from the story and found that it came up to the ankles, so they made that the standard for deciding how much the first one should take, then the next one, and so on. Abu Dawood and others narrated from ‘Amr ibn Shu’ayb that the Prophet (peace and blessings of Allaah be upon him) ruled concerning the waterway of Mazoor (a well known wadi in Madeenah) that the (owner of the) higher (land) should withhold the water until it reached the ankles, then the (owner of the) higher (land) should let it flow to the lower (land). But if the water is owned, it should be divided among the owners based on the size of their land, and each of them may dispose of his share as he wishes. The leader of the Muslims has the right to protect the grazing lands of the flocks belonging to the Bayt al-Maal (treasury) of the Muslims, such as horses used for jihad and camels given in charity, so long as that will not harm the people by making things difficult for them. Ibn ‘Umar (may Allaah be pleased with him) narrated that the Prophet 12


(peace and blessings of Allaah be upon him) protected (the land of) al-Naqee’ for the horses of the Muslims. It is permissible for the ruler to protect the grass of disused lands for the camels given in charity, the horses of the mujaahideen, the cattle given as jizyah (tax paid by nonMuslim subjects of the Islamic state) and lost animals, if there is a need for that and if that will not cause hardship to the Muslims. From al-Mulakhkhas al-Fiqhi by Shaykh Saalih ibn Fawzan Aal Fawzaan. (www.islam-qa.com) 21577: Rulings on lending Question: What does lending mean? And what are the rulings on lending? Answer: Praise be to Allaah. The fuqaha’ (may Allaah have mercy on them) defined lending as permitting someone to benefit from an item which will remain to be returned to its owner afterwards. This definition excludes things that can only be benefited from by destroying or consuming them, such as food and drink. Lending is prescribed in the Qur’aan and Sunnah, and by scholarly consensus. Allaah says (interpretation of the meaning): “… and refuse al-maa’oon (small kindnesses).” [al-Maa’oon 107:7] 13


meaning, things that people exchange amongst themselves. Allaah condemned those who withhold them from the people who need to borrow them. Those who believe it is obligatory to lend things quoted this aayah as evidence, and this was the view chosen by Shaykh alIslam Ibn Taymiyah (may Allaah have mercy on him) in cases where the owner is rich. The Prophet (peace and blessings of Allaah be upon him) borrowed a horse in order to give it to Abu Talhah, and he (peace and blessings of Allaah be upon him) borrowed some shields from Safwaan ibn Umayyah. Lending something to a person who needs it is an act of worship which brings great reward, because it comes under the general heading of co-operating in righteousness and piety. For lending to be valid, it must meet four conditions: 1 – The one who is lending should be qualified to donate the item, because lending is a kind of donation; so it is not valid on the part of a minor, one who is insane, or a fool. 2 – The borrower should be qualified to receive the donation, so that if he accepts it that will be valid. 3 – The item lent should be something which it is Islamically permissible to benefit from. So it is not permissible to lend a Muslim slave to a kaafir, or to lend hunting equipment to a muhrim, because Allaah says (interpretation of the meaning): “… but do not help one another in sin and transgression…” [al-Maa’idah 5:2] 4 – The item lent should be something which can be used but will remain, as described above. 14


The lender has the right to ask for the item back whenever he wants, unless asking for it back will cause some harm to the borrower, such as when he has borrowed a boat to convey his goods and it is still at sea, or if he asked him to let him use his wall to rest the ends of his wood on – he cannot ask him to give the wall back so long as the ends of his wood are still resting on it. The borrower has to take better care of the borrowed item than of his own possessions, so that he can return it in good condition to its owner, because Allaah says (interpretation of the meaning): “Verily, Allaah commands that you should render back the trusts to those, to whom they are due”[al-Nisaa’ 4:58] This aayah indicates that it is obligatory to render back trusts, which includes items loaned. The Prophet (peace and blessings of Allaah be upon him) said: “Return trusts to those who entrusted you with them.” The texts indicate that it is obligatory to take care of things that have been entrusted to you, and that it is obligatory to return them to their owners in good condition. This general meaning includes items that are loaned, because the borrower is entrusted with them and is expected to return them. He is permitted to benefit from them within the limits dictated by custom, but he is not permitted to be extravagant in his use of them in such a way that he destroys them, or to use them in a way for which they were not designed to be used, because the owner did not give him permission to use them in that way, and Allaah says (interpretation of the meaning): “Is there any reward for good other than good?” [al-Rahmaan 55:60] If the borrower uses it for something other than the 15


purpose for which he borrowed it, and it is destroyed, then he is responsible for it, because the Prophet (peace and blessings of Allaah be upon him) said: “The one who borrows is responsible for what he borrows until he returns it.” (Narrated by the five, and classed as saheeh by alAlbaani). This indicates that it is obligatory to return what one has taken of another person’s property, and that he is not free of responsibility until he has given it back to its owner or the owner’s deputy. If it is destroyed whilst being used in the proper manner, the borrower is not to be held accountable for that, because the lender gave him permission to use it, and if that happens to an item that he has been permitted to use, then he is not to be held accountable for that. However, the scholars differed as to whether the borrower is held to be responsible for something that is destroyed whilst he was using it for a purpose other than that for which it was borrowed. One group said that he is to be held accountable for it whether he abused it or not, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him), “The one who borrows is responsible for what he borrows until he returns it.” This would apply in cases where an animal dies, a garment gets burned or a borrowed item is stolen. Another group said that he is not to be held accountable for it if he did not abuse it, because a person cannot be held accountable if he did not abuse it. Perhaps this view is more correct, because the borrower takes it with the permission of the owner, so it is a trust for him, like something with which one is entrusted. The borrower has to look after the loaned item, take care of it and hasten to return it to its owner when he no longer has any need of it. He should not be negligent concerning the item, or expose the item to the risk of destruction, 16


because it is a trust and because the owner has done him a favour, and “Is there any reward for good other than good?” [al-Rahmaan 55:60 – interpretation of the meaning]. From al-Mulakhkhas al-Fiqhi by Shaykh Saalih ibn Fawzan Aal Fawzaan (www.islam-qa.com) 21656: Should he give water to a thirsty man when he fears that he himself may become thirsty in the desert? Question: If a person is walking in the desert and he has some water, but he fears that he may become thirsty later on, and there is someone who is thirsty now, does he have to give him water or not? Answer: Praise be to Allaah. Ibn Hajar al-Haythami was asked this question and he replied: Two views were mentioned in al-Majmoo’, in (the chapter called) al-Muqaddam, and I do not know of anyone who stated that one of them was more correct than the other. The one which appears to be more correct is that he should give water to the one who is thirsty at that time, if there is the fear that he will die of thirst, because his death is certain, unlike the one who has the water, who has the chance of finding more water later on. But if he is in an arid land where he despairs of finding water and he thinks 17


it most likely that death is inevitable if he gives away the water that he has with him, then the matter is subject to further discussion, and it is more likely that giving the water in this case is not obligatory. The same applies if the thirsty person fears that he may lose a limb or become sick etc. because of his thirst, and the one who has the water fears that he may die later on, then it is also more likely to be correct that he does not have to give away the water. Al-Fataawa al-Fiqhiyyah al-Kubra, 1/69. (www.islamqa.com) 22140: Can a person be considered as a shaheed if he dies whilst on a business trip by sea? Question: Can a person be considered as a shaheed (martyr) if he dies whilst on a business trip by sea? Answer: Praise be to Allaah. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about a man who traveled by sea for the purpose of trade, and he was drowned – did he die as a shaheed? He replied, yes, he died as a shaheed, so long as he was not travelling for sinful purposes. For it was narrated in a saheeh report that the Prophet (peace and blessings of Allaah be upon him) said: “The one who drowns is a shaheed, the one who dies of a stomach disease is a shaheed, the one who is burnt to death is a shaheed, the 18


one who dies of the plague is a shaheed, the woman who dies giving birth is a shaheed, and the one who is crushed by a collapsing building is a shaheed.” And people killed in other ways were also mentioned. Travelling by sea for the purpose of trade is permissible, if one thinks it is most likely to be safe. If it is not safe then he should not travel for the purpose of trade; if he did that [i.e., traveled when it was not safe to do so], then he has contributed to his own death, and in such a case we cannot say that he was a shaheed. And Allaah knows best. Al-Fataawa al-Kubra, 3/23 (www.islam-qa.com) 10323: Rulings on seizing things wrongfully Question: What is the ruling on taking another person’s property wrongfully (ghasb)? Answer: Praise be to Allaah. Ghasb in Arabic means to seize something wrongfully. In Fiqh terminology, it means taking the property of others wrongfully, by force. Ghasb is haraam according to the consensus of the Muslims, because Allaah says (interpretation of the meaning): “And eat up not one another’s property unjustly (in any illegal way, e.g. stealing, robbing, deceiving” [alBaqarah 2:188] 19


Ghasb is one of the worst kinds of eating up another person’s property unjustly, because the Prophet (peace and blessings of Allaah be upon him) said: “Your blood, your property and your honour are sacred to you.” And he (peace and blessings of Allaah be upon him) said: “The property of a Muslim is not permissible unless he gives his consent.” The property that is seized by force may be real estate or it may be moveable goods, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever seizes a handspan of land unlawfully, will surround him to the depth of seven earths.” The one who has seized anything unlawfully must repent to Allaah and return the seized property to its owner and ask him for forgiveness. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever has done any wrong to his brother, let him seek his forgiveness today, before there will be no dinar and no dirham [i.e., the Day of Resurrection], when if he has any hasanaat (good deeds), some of his hasanaat will be taken and given to the one who was wronged, and if he does not have any hasanaat, some of the sayi’aat (bad deeds) of the one who was wronged will be taken and thrown onto him, and he will be thrown into Hell,” or as he (peace and blessings of Allaah be upon him) said it. If the seized property is still there, it should be returned as it is, and if it is not there, then he must replace it. Imaam al-Muwaffaq said: “The scholars agreed that it is obligatory to return the seized property if it is still in its original condition and has not changed.” Similarly, he is obliged to return the seized property along with any increase, whether it is connected to it or separate, because that is the growth of the seized property, so it also belongs to the original owner. 20


If the one who seized the property has built anything or planted crops on the seized land, he has to remove the buildings or crops if the owner asks him to, because the Prophet (peace and blessings of Allaah be upon him) said, “The sweat of the evildoer counts for nothing.” (Narrated by al-Tirmidhi and others; classed as hasan). If that has caused any damage to the land, he is to be penalized for that damage. He also has to erase any traces of building or planting that remain, so that the land may be given back to its owner in good condition. He also has to pay rent covering the period from the time when he seized the land to the time when he gave it back, - i.e., the rent for a similar piece of land – because he unlawfully prevented its owner from benefiting from it during this time. If he seized something and kept it until the price dropped, he has to make it up to the proper price, according to the correct opinion. If he mixed the seized property with something else that can be told apart from it – like mixing wheat with barley – the one who seized it has separate it and return it . If he mixed it with something that cannot be told apart from it – such as mixing wheat with wheat – then he has to give back the equivalent, by volume or weight, without mixing it. If he mixed it with something the same or better, or he mixed it with something different that cannot be told apart from it, then the mixture should be sold and each of them should take his share of the price, in proportion. If the value of the seized goods is reduced in this fashion, and it sells for less than what it would be sold for if sold on its own, then the one who seized it has to make up the loss. The scholars also mentioned regarding this topic that “all hands involved in seizing property by force are responsible and must guarantee its return.” This means that all hands 21


which received the seized property from the one who seized it must all guarantee to replace the property if it is damaged or destroyed. These hands number ten: the hand of the one who buys it etc.; the hand of the one who rents it; the hand of the one who takes it in order to possess it without paying anything in return, such as one who receives it as a gift; the hand of the one who obtains it to serve the interests of one who is paying him, such as an agent; the hand of the one who borrows it; the hand of the one who seizes it by force unlawfully; the hand of the one who has it under his control such as one who seeks to use it for trade; the hand of the one who marries a woman who was seized by force ; the hand of the one who takes it in return for something without any financial transaction being involved; and the hand of the one who destroys the seized property on behalf of the one who seized it. In each of these cases, if the second person knows the truth of the matter, and that the one who is giving it to him is the one who seized it unlawfully, then he is also responsible for replacing it, because he transgressed when he knew that there was no permission from the owner of the property. If he did not know the truth of the matter, then only one who seized it in the first place is responsible for replacing it. If the seized property is of a type that is usually rented out, then the one who seized it has to pay rent for property of that type for the period during which he kept it, because the benefit is something that is to be measured in monetary terms, so he has to repay that as well as returning the property itself. All of the ways in which the one who seized the property has disposed of it are null and void, because he did not have the permission of the owner. If something is seized and the owner is not known, and it 22


cannot be returned to him, then he should hand it over to the governor who can restore it to its rightful place, or he can give it in charity on behalf of its owner; if he gives it in charity then the reward for that will go to the owner. In this manner the one who seized it wrongfully may be absolved. Wrongful seizure of property is not restricted only to taking it by force; it may also include taking it by way of false dispute or false oaths. Allaah says (interpretation of the meaning): “And eat up not one another’s property unjustly (in any illegal way, e.g. stealing, robbing, deceiving), nor give bribery to the rulers (judges before presenting your cases) that you may knowingly eat up a part of the property of others sinfully” [al-Baqarah 2:188] The matter is serious and the reckoning will be severe. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever seizes a handspan of land unlawfully, will surround him to the depth of seven earths.” And he (peace and blessings of Allaah be upon him) said: “If I decide in a person’s favour mistakenly concerning that which is his brother’s right, let him not take it, for I am giving him a piece of fire.” From al-Mulakhkhas al-Fiqhi by Shaykh Saalih ibn Fawzaan ibn ‘Abd-Allaah Aal Fawzaan p:130 (www.islam-qa.com)

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Chapter 2 Transactions General 21290: Ruling on offering congratulations at the beginning of the Hijri year Question: What is the ruling on offering congratulations on the occasion of the Hijri new year and saying “Kull ‘aam wa antum bi khayr” or praying for blessing, or sending a card with best wishes for blessings in the new year? Answer: Praise be to Allaah. Shaykh Muhammad ibn Saalih al‘Uthaymeen (may Allaah have mercy on him) was asked: What is the ruling on congratulating people on the occasion of the Hijri new year, and how should one reply to a person who offers congratulations? He replied: If someone offers you congratulations, then respond to him, but do not initiate such greetings. This is the correct view concerning this matter. So if a person says to you, for example, “Happy New Year”, then you can say, “May Allaah make it a good and blessed year for you.” But you should not initiate such a greeting, because I do not know of any report that the salaf [early generations of Islam] congratulated one another on the occasion of the new year, rather the salaf did not regard the first of Muharram as the first day of the new year until the caliphate of ‘Umar ibn al-Khattaab (may Allaah be pleased with him. 24


Shaykh ‘Abd al-Kareem al-Khudayr said concerning offering congratulations on the occasion of the hijri new year: Praying for another Muslim in general terms, in phrases that are not meant as a kind of ritual on special occasions such as Eid, is acceptable, especially if what is meant by this greeting is friendship and to show a friendly face to one’s fellow Muslim. Imaam Ahmad (may Allaah have mercy on him) said: “I do not initiate the greeting but if someone greets me I return the greeting, because responding to the greeting is obligatory. But being the first to offer congratulations is neither Sunnah nor forbidden. Islam Q&A (www.islam-qa.com) 20279: Working as a sales agent Question: Is working as a commission agent for any halal trade is consider halal in islam. Answer: Praise be to Allaah. If the matter is as you describe, then this work is permissible and there is nothing wrong with taking this commission in return for your efforts in finding customers. We will quote to you a fatwa of the Standing Committee for Issuing Fatwas concerning a similar case: Question: I am the owner of a trade office and I work as an agent and go-between for some foreign companies that 25


manufacture permissible kinds of clothing and foods. These companies send samples of what they manufacture, along with the price of each item, and I show these products to dealers in the marketplace. I sell them to them at the price stated by the company, in return for a commission from the manufacturing company, according to my agreement with them on the rate of commission. Is there any sin in that? The Committee replied: If the situation is as described, it is permissible for you to take that commission and there is no sin on you. Fataawa al-Lajnah al-Daa’imah, 13/125. Islam Q&A (www.islam-qa.com) 13743: Ruling on discount cards Question: Some companies and hospitals issue discount cards. This is a card which is given to whoever wants one in return for a sum of money paid annually, and the carrier of the card can get some discounts or free examinations during the year. If after one year he has not used the card, he does not have the right to ask for the money that he paid to be returned. Answer: Praise be to Allaah. Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about the ruling on issuing these cards and dealing in them.

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He replied: This is not permissible, because it involves ambiguity, gambling and a great deal of risk, so we should avoid it. And Allaah is the source of strength, Fataawa Ibn Baaz, 19/58. (www.islam-qa.com) 21980: Commission Question: I took a customer to a factory or store to buy a product, and the owner of the factory or store gave me a commission for bringing him a customer. Is this money (the commission) permissible? If the owner of the factory adds a specific amount for each piece that the customer takes, and I take this extra amount in return for the customer buying this product, is that permissible? If it is not permissible then what is the kind of commission that is permissible? Answer: Praise be to Allaah. If the factory-owner or shopkeeper gives you part of the money from each product that is sold through you, in payment for your efforts to find him customers, and this money is not added to the price of the product and that does not cause problems to others who sell the same product, and this factory or store sells it for the same price as others, then this is permissible and there is nothing wrong with it.

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But if this money that you take from the owner of the factory or store is added to the price paid by the purchaser, it is not permissible for you to take it and it is not permissible for the vendor to do that, because this is harming the purchaser by making him pay a higher price. And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. Fataawa al-Lajnah al-Daa’imah, 13/130 (www.islamqa.com) 13262: When should orphans be given their wealth? Question: When it is permissible for the guardian of orphans to give them their wealth? Answer: Praise be to Allaah. It is not permissible for guardians of orphans to give them their wealth until he feels that they have become mature, i.e., that they will conduct their affairs well and not spend it on haraam things. The time for giving it to them is not when they reach adolescence, rather it is when he feels that they have become mature after they reach adolescence. Allaah says (interpretation of the meaning): “And try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to them” [al-Nisa’ 4:6] 28


A person is no longer considered to be an orphan once he reaches adolescence, and adolescence is recognized by a number of things: the growth of coarse hair in the pubic region, reaching the age of fifteen, and emitting maniy (i.e., reaching sexual climax) whether awake or asleep. It is the same for both men and women, except that there are two additional signs in the case of women, namely menstruation and pregnancy. It says in al-Mughni (2/139): “Adolescence is reached when a person experiences a wet dream, or reaches the age of fifteen, or grows coarse hair in the pubic region. In the case of girls there are two additional signs: pregnancy and menstruation.” Shaykh Muhammad ibn Ibraaheem in al-Fataawa alJaami’ah li’l-Mar’ah al-Muslimah, part 3, p. 1129 (www.islam-qa.com) 14042: Prisoner giving a blood sample to the state authorities for testing Question: A prisoner is asking if he can give blood to be tested by the state so that the state will have a record of all the different blood types of past criminals. Answer: Praise be to Allaah. It does not seem that those who commit crimes have the same type of blood, so there is no connection between blood type and human behaviour. All kinds of people – good and bad – share blood types. What we advise this prisoner to do is to repent to Allaah 29


from whatever crime he has committed, and to restore people’s rights if he has wronged anyone, and to make the most of his life before he dies and of his good health before he falls sick, and to hasten to repent to Allaah. For Allaah will accept the repentance of His slave when he repents, and will forgive him his sins. There is nothing wrong with giving a blood sample to the state from the point of view of sharee’ah, so long as it will not be put to a bad use and rather it will be used for prisoner records. But the prison administration should be notified that the reason for criminality is not blood type, rather it is corruption of the heart and mind, and growing up with crime and continuing in it. If they want to deal with it, then they should tackle the root of the problem by looking for the motives to commit crime and the reasons why it develops, then try to put a stop to it and to reform the criminals. There is nothing better than Islam for dealing with that. And Allaah is the Guide to the straight path. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 26344: How to take possession of lands that do not belong to anyone Question: The tribes in the south of the Kingdom of Saudi Arabia used to control the mountainous lands before the establishment of the municipalities that now control those lands according to the system of the state, and the tribes no longer have any control over them. 30


The question is: What is the ruling on taking possession of these lands by reviving them in the manner described in sharee’ah, despite the objections of some members of the tribe to those who tried that? They were formerly partners in those lands, especially before the state took them over, and some of them are able to revive those lands and some are not. Please note that revival of the land should have taken place before 1382 AH according to the system of the Ministry of Justice.Thank you. Answer: Praise be to Allaah. The correct view is that reviving the land entitles a person to take possession of it at any time, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him): “Whoever revives dead land, it is his.” Some of the scholars, such as the Hanafis, stipulate that the permission of the ruler is essential. This is what is known as allocation of land, which the Prophet (peace and blessings of Allaah be upon him) used to do, whereby he would give a piece of a land to a person to make use of it. In this case, whoever revived some land before 1382 AH, it is his, and whoever revived land with the permission of the ruler after 1382 AH, it is his. With regard to those tribes, if they had taken possession of the land by reviving it in the past, then they are more entitled to it because of their previous ownership. But if they did not revive it and it was simply part of their village, then they have the right to prevent anybody else from reviving it if that serves the interests of their village, so they leave it as vacant land for recreational purposes, or leave it for future development. In that case if someone revives it, that will adversely affect them, so they can ask the government to 31


ban anybody from reviving it, even if the people who want to revive it are from the same tribe. This is in order to ward off harm. But if it will cause no adverse effects and the land is far away from the town, and no one will be affected and the ruler has given permission, then it is permissible for others to take possession of it, and they have no right to object. If they want to have it for themselves, then they have to ask the state for that because they have more right to it and they do not want people who are not of their tribe to live near them. In that case the decision rests with the state. Shaykh ‘Abd-Allaah ibn Jibreen (www.islam-qa.com) 20769: Using the services of another bank Question: If the customer of one bank uses the machine of another bank, the second bank takes a certain amount of money from that person’s bank in return for his using their machine. Is there anything wrong with that? Answer: Praise be to Allaah. There is nothing wrong with that because this is in payment for using the machine. It is as if they are saying, we will serve your customer for you in return for this amount of money. Shaykh Ibn Jibreen (www.islam-qa.com)

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Chapter 3 Transactions Spending on those under one’s responsibility 48952: Can a woman donate any of her money without her husband’s permission? Question: I want to help my family, my father, mother and siblings, by giving them some money. I work and I have a lot of money, alhamdulillah. I am able to help them, but my husband will not let me. What should I do?. Answer: Praise be to Allaah. If your family (your father, mother and siblings) are poor and you are able to spend on them, then you are obliged to do so, and it is not permissible for you to obey your husband and not spend on them. See Question no. 44995. Secondly: If your spending on your family is done on a voluntary basis, i.e., they are not in need of this money, rather you want to treat them kindly and uphold the ties of kinship by giving this money, then the scholars differed concerning the ruling on a woman donating some of her wealth voluntarily without her husband’s permission. 33 33


The majority of scholars are of the view that the wife cannot be stopped from donating some of her wealth; she has the right to dispose of it as she wishes without her husband’s permission. They quoted several texts as evidence, such as the following: 1 – The proven report that Umm al-Mu’mineen Maymoonah bint al-Haarith (may Allaah be pleased with her) freed a slave woman and she did not ask the permission of the Messenger of Allaah (peace and blessings of Allaah be upon him). When it was her day for the Prophet (peace and blessings of Allaah be upon him) to stay with her, she said: “Did you notice, O Messenger of Allaah, that I freed my slave woman?” He said: “Did you?” She said: “Yes.” He said: “If you had given her to your maternal uncles you would have earned a greater reward.” Narrated by al-Bukhaari, 2592; Muslim, 999. Al-Nawawi said: This shows that it is permissible for a woman to dispose of her wealth voluntarily without her husband’s permission. 2 – al-Bukhaari (978) and Muslim (885) narrated that Jaabir ibn ‘Abd-Allaah said: The Prophet (peace and blessings of Allaah be upon him) stood up on the day of al-Fitr and led the people in prayer. He started with the prayer then he delivered the khutbah (sermon). When he had finished he came down and came to the woman and exhorted them, leaning on Bilaal’s arm, and Bilaal was spreading out his cloak for the woman to throw their sadaqah (charity) into it. According to another report: they started to give their jewellery in charity. Al-Haafiz said:

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This hadeeth shows that a woman may give her wealth in charity without her husband’s permission. Al-Nawawi said: This hadeeth shows that it is permissible for a woman to give some of her wealth in charity without her husband’s permission and that this is not limited to one-third of her wealth. This is our view and the view of the majority. Maalik said: It is not permissible for her to give more than one-third of her wealth except with her husband’s permission. Our evidence for that from the hadeeth is the fact that the Prophet (peace and blessings of Allaah be upon him) did not ask them whether they had their husbands for permission, or whether they were giving more than one-third. If the ruling had differed he would have asked them. Some of the scholars are of the view that a woman should not donate any of her wealth except with her husband’s permission. They quoted as evidence the words of the Prophet (peace and blessings of Allaah be upon him): “It is not permissible for a women to give anything except with her husband’s permission.” Narrated by Imam Ahmad in his Musnad, 6643; Abu Dawood, 3547; classed as saheeh by al-Albaani in Saheeh Abu Dawood. The majority of scholars interpreted this hadeeth as referring to a foolish woman who does not handle money properly, or as meaning that it is mustahabb for a woman to ask her husband’s permission, not that it is obligatory, and that this is part of good manners. Al-Khattaabi said: According to the majority of fuqaha’, this is part of good manners and making the husband feel good, but that only applies in the case of a woman who is not wise or mature. 35


It was proven that the Messenger of Allaah (peace and blessings of Allaah be upon him) said to the women, “Give charity,” and they started to throw their earrings and rings and Bilaal caught them in his cloak, and these gifts were given without their husbands’ permission. Al-Shawkaani said in Nayl al-Awtaar (3/414): This hadeeth has been quoted as proof that it is not permissible for a woman to give away any of her wealth without her husband’s permission, even if she is wise and mature. But there was some difference of scholarly opinion concerning that. Al-Layth said: That is not permissible at all, either concerning one-third of her wealth or less than that, except with regard to insignificant things. Tawoos and Maalik said: It is permissible for a woman to give away up to one-third of her wealth without her husband’s permission, but no more than that; it is not permissible to give more than that without his permission. The majority are of the view that it is permissible for her to give any amount away without her husband’s permission, so long as she is not immature. If she is immature then it is not permissible. It says in al-Fath: the latter view, which is that of the majority of scholars, is well founded in the Qur’aan and Sunnah. Based on this, a woman should not be prevented from giving some of her wealth in charity, even if her husband does not approve. But it is better to ask his permission so that he will feel good, and so as to avoid any hard feelings on his part about his wife’s spending. And he should give her permission and not stop his wife from doing good deeds and treating people kindly. And Allaah knows best. See also question no. 21684. 36


Islam Q&A (www.islam-qa.com) 44995: Should she spend on her parents who are poor without her husband’s approval? Question: My father is in need of financial help because his income is not enough to spend on himself and my mother. I work and my financial situation is very good, and I can afford to help my father. But my husband does not allow me to give them any financial help, on the grounds that I have brothers and they are responsible for spending on their parents and the daughters are not responsible. I have three brothers and their financial situation is o.k., but they cannot afford to spend on my parents. There are four of us daughters but I am the only one who works and can help my family. But my husband is strict in not letting me do that. What should I do? Should I obey my husband and listen to what he says? Or should I obey my family and help them even if that is without my husband’s knowledge? I hope that you can advise me. If the wife wants to spend on her family, does she have to ask her husband’s permission to do so?. Answer: Praise be to Allaah. The child – male or female – who can afford it has to spend on his parents if they are poor and needy. 37


Allaah says (interpretation of the meaning): “And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents” [al-Isra’ 17:23] Part of being dutiful is spending on them if they are in need. Ibn al-Mundhir (may Allaah have mercy on him) said: The scholars are agreed that spending on parents who are poor and have no income and no money is obligatory on the child. The fact that you have brothers does not mean that you are not obliged to spend on your parents, because your brothers cannot afford to spend on them, as you mentioned. See al-Mughni, 11/375-376. Shaykh al-Islam Ibn Taymiyah said in al-Ikhtiyaaraat, p. 487: The son who is well-off (rich) has to spend on his father if he is not well off (poor), and on his father’s wife, and on his younger brothers and sisters. Based on this, what your husband says about this being the responsibility of your brothers only, is not correct. Since your spending on them is obligatory, it is not permissible for you to obey your husband in this matter, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no obedience if it involves disobedience to Allaah, rather obedience is only with regard to that which is right and proper.” Narrated by alBukhaari, 4340; Muslim, 1840. 38


At the same time, you must also be gentle with your husband and try to convince him about that, and convince him that this is what Allaah has enjoined on you, namely the duty to honour your parents and treat them kindly. And Allaah knows best. Islam Q&A (www.islam-qa.com) 25786: Does a son have to spend on his father even if he is rich? Question: My husband’s father helped my husband to get married, then my husband traveled to one of the Gulf countries for work. Because he has many debts that he wants to pay off, he is not sending any money to his father. Now his father is demanding the money that he spent to get him married, even though my father-in-law is a doctor and has a good income that is more than enough. My question is: Is it not the father’s obligation to get his son married? What should be done in this situation?. Answer: Praise be to Allaah. Firstly: The father is obliged to get his son married if the father is rich and the son is poor and cannot afford to get married, because marriage is part of the obligatory spending. Allaah says (interpretation of the meaning): 39


“but the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis” [al-Baqarah 2:233] So the father has to get his sons married if he is able to and they cannot afford it. He has to spend on them with regard to food, drink, education etc, because spending is obligatory upon the father. Secondly: The son does not have to spend on his father unless two conditions are met: 1 – The son is rich (i.e., he has what he needs and more) 2 – The father is poor. If these two conditions are met, then the son is obliged to spend on his father. Here the questioner mentions that her father-in-law is a doctor and that his income is good. If that is the case then the son is not obliged to spend on him. But if the father asks his son for something, even if he is rich, and the son does not need that wealth and will not be affected by giving it to his father, then he should give it to his father lest he be regarded as being disobedient towards his father. But if the son needs that money, he does not have to give it to his father; he should explain to his father the financial difficulty that he is facing [?} and that after he had paid off his debts and has become financially stable he will send money to his father as much as he can. “Allaah burdens not a person beyond his scope” [al-Baqarah 2:286 – interpretation of the meaning] And Allaah knows best. Islam Q&A (www.islam-qa.com) 40


8916: Is a husband obliged to spend on his wife’s Hajj? Question: Is it ‘Fardh’(obligatory) for a man to send his dependant wife to Hajj if the man is having enough money for the same?. Answer: Praise be to Allaah. It is not obligatory for a husband to bear the costs of his wife’s Hajj, even if he is rich. Rather it is mustahabb for him to do so and he will be rewarded for that, but he is not sinning if he does not do that. That is not enjoined by either the Qur’aan or the Sunnah. But Islam gives the wife the Mahr which is her exclusive right, and it permits her to dispose of her own wealth. Rather Islam enjoins on the husband to spend on his wife in a manner that is good and reasonable, but it does not oblige him to pay off her debts, or to pay zakaah on her behalf, or to pay the costs of Hajj etc. Shaykh Ibn ‘Uthaymeen was asked: will a husband be rewarded if he appoints someone to do Hajj on his wife’s behalf, if she dies without having done Hajj? He said: it is better for him to do Hajj on her behalf himself so that the rituals will be done properly… Then he said: But as for it being obligatory, that is not obligatory for him. Al-Liqa’ al-Shahri, 34, no. 579 Just as it is not obligatory to make up Hajj on her behalf 41


after she dies, so too it is not obligatory for him to pay for her Hajj whilst she is still alive. This is as far as the issue of whether or not it is obligatory is concerned. With regard to being kind to her, if he does that then Allaah does not cause the reward of those who do good to be lost, and Allaah will record for him the reward of her Hajj. The fuqaha’ (may Allaah have mercy on them) stated that it is obligatory for a husband to spend on his wife’s Hajj in the event that he deliberately spoils her Hajj, such as one who forces his wife to have intercourse before the first stage of exiting ihram, etc. Shaykh ‘Abd al-Kareem Zaydaan said: It is not one of the wife’s rights over the husband that he should bear the costs of her Hajj, or share the costs with her. Al-Mufassal fi Ahkaam al-Mar’ah, 2/177 Shaykh al-Albaani (may Allaah have mercy on him) was asked about the same issue and he replied: It is not obligatory for a husband to pay the expenses of his wife’s Hajj. This has to do with men. If a woman has sufficient money to go for Hajj then it is obligatory for her to go for Hajj; if she does not have enough money then she is not obliged to go for Hajj. And Allaah knows best. Islam Q&A (www.islam-qa.com) 21701: Benefitting from the wealth of a father who deals in riba Question: I am a young Muslim man and praise be to Allaah my 42


father has some money. He heard a fatwa of Shaykh Tantaawi saying that it is permissible to take bank interest, and he put his money in the bank and started to take the interest. I am convinced that this interest is haraam, and I have tried a lot to convince him to give up this notion, but without success. Is there any sin on me, my brothers and my mother? I asked my father to promise not to spend on us from the money that comes from the interest. What do we have to do? If this money is spent on us, what should we do? Allaah has blessed me with work in Saudi and my father paid my travel costs, and I do not know whether this money is from the interest or not. Is the money I get from this work haraam or not? I hope you can advise me. Answer: Praise be to Allaah. There is no sin on the children of one who deals in riba even if he spends purely riba-derived money on their food, clothes or travel, if they have no other way of earning a living. They have to advise their father in the manner which they think will be most effective. If it is easy to find other means of earning a living, or they do not need that money for the essentials of living, then they have to do without it. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: If the father’s earnings are haraam, then it is essential to advise him. Either you can advise him yourselves, if you are able to do that, or you can seek the help of scholars who can convince him or of his friends who may be able to convince him to avoid these haraam earnings. But if 43


that is not possible then you may benefit from it as much as is necessary, and there is no sin on you in this case, but you should not take more than you need because of doubts as to whether it is permissible to benefit from one whose earnings are haraam. (Fataawa Islamiyyah, 3/452). If a father who deals in riba dies, his heirs must get rid of the riba-based money by returning it to its owners if they are known. Otherwise they should get rid of it by spending it in charity, whether that is given individuals or to institutions. If it is too difficult for them to find out exactly how much of their father’s wealth is riba-based, they should divide it in half, taking one half and distributing the other half. Shaykh al-Islam Ibn Taymiyah was asked about a man who dealt in riba, and who left behind wealth and a son who knew his father’s situation – was the wealth permissible for the son as inheritance or not? He replied: with regard to the amount that the son knows is riba-based, he should get rid of it, either by returning it to its owners if possible, and he should not give it in charity. The rest is not haraam for him. With regard to the amount concerning which there is doubt, it is mustahabb for him not to take it unless it is needed to pay off a debt or to spend on dependents. If the father died when engaging in riba-based transactions that are allowed by some fuqaha’, it is permissible for the heir to benefit from them. If the halaal and haraam are mixed and the extent of each is unknown, it should be divided into two halves. (Majmoo’ al-Fataawa, 29/307). And Allaah knows best. Islam Q&A (www.islam-qa.com) 44


21684: Wife disposing of her own money without her husband’s knowledge Question: My sister works in Saudi and wants to invest part of her salary in a project on the basis that this money is my money and she will give me the profits whilst the capital remains hers, on the basis that I will lend her this money and she will invest it, but without her husband’s knowledge. Is she or am I doing anything haraam? Please advise us. Answer: Praise be to Allaah. There is no sin on your sister if she gives you money as a loan for you to invest and benefit from the results on the basis that the capital will remain your sister’s. But if your sister wants to share the profit with you whilst she is keeping the capital as is, that is not permitted, because this comes under the heading of “every loan that brings benefits is riba.” It is not necessary for her husband to know about your giving her the money, because the money is her own and he has no right to any part of it unless she gives it willingly. Allaah says (interpretation of the meaning): “And give to the women (whom you marry) their Mahr (obligatory bridal-money given by the husband to his wife at the time of marriage) with a good heart; but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allaah has made it lawful)” [al-Nisa’ 4:4] 45


But by way of kind treatment and because men are more experienced and kanowledgeable in matters of business, our advice is that the husband should be told about what his wife is doing and how she is disposing of her wealth. Shaykh ‘Abd-Allaah al-Jibreen said: The wife owns her wealth and she has the right to dispose of it. She may give it as gifts, give it in charity, pay off her debts, give up her rights to money that she is owed or give up her right to inheritance to whomever she wants, whether relatives or others. Her husband has no right to object if she is mature and of sound mind. Her husband does not have the right to dispose of any of her wealth except with her consent. (Fataawa al-Mar’ah alMuslimah, 2/674). And Allaah knows best. Islam Q&A (www.islam-qa.com) 10332: Is it permissible to pay off the debt of a son who is in need when one has other children? Question: I know that it is obligatory to treat one’s children fairly, but one of my children is poor and has debts. Is it permissible for me to pay off some of his debts from my own money? Answer: Praise be to Allaah. It is obligatory to treat one’s children fairly. See Question no. 22169. It is obligatory to treat children equally in gift-giving and it is forbidden to single some out for gifts or to show preferences, unless there is a compelling reason for doing so. 46


If there is a reason to show preference to one or to single one out, then it is acceptable to do so, such as if one of them is sick, blind or disabled, or he has a large family, or he is a student, and other reasons. So in that case it is acceptable to give him preference for those reasons. Imaam Ahmad referred to that when he said – concerning singling out some of one’s children to be beneficiaries of a waqf – “There is nothing wrong with that if it is because of a need, but I regard it as makrooh if it is by way of showing favouritism.” Shaykh al-Islam Ibn Taymiyah said: “The hadeeth and the reports indicate that it is obligatory to treat children fairly… but there are two kinds: 1 – Those who need him to spend on them in sickness and in health and so on, in which case fairness means giving each of them what he needs, and it makes no difference if he needs a little or a lot. 2 – Needs which all the children will have in common, such as gifts, maintenance and arranging their marriages. Undoubtedly it is haraam to show preferences with regard to these matters. From these two stems a third kind, which is helping out one child for an extraordinary need, such as paying off the debt of one child, or paying compensation on his behalf (if he has caused injury to another), or paying the mahr on his behalf, or giving him the money he needs for his wife’s maintenance, and so on. Concerning whether or not he is obligated to give a similar amount to the other children is subject to further discussion.” (From alIkhtiyaaraat) Tayseer al-‘Allaam Sharh ‘Umdat al-Ahkaam, p. 767. (www.islam-qa.com) 47


20886: The wife is not entitled to maintenance if she refused to go back to her husband’s house Question: There was a argument between him and his wife, and she said, “Take me back to my family, I don’t want to stay with you.” So he took her back to her family and she stayed with them for several months. Does he have to pay maintenance? Answer: Praise be to Allaah. He does not have to pay maintenance because maintenance is in return for her allowing him to be intimate with her. And that did not happen because she insisted on going and did not stay with him. Shaykh Ibn Jibreen. (www.islam-qa.com) 13464: What is the maximum extent of the obligation to spend on one’s children? Question: What is the ruling on spending on one’s children? What is the maximum extent of spending? Answer: Praise be to Allaah. The scholars are agreed that the father is obliged to spend 48


on his small children who have no money of their own until they reach adulthood. Ibn al-Mundhir (may Allaah have mercy on him) said: “All of the scholars from whom we learned are agreed that a person is obliged to spend on his young children who have no money of their own, because a man’s child is part of him, and the child is part of the father. Just as he is obliged to spend on himself and his wife, he is also obliged to spend on his descendants and ascendants.” (alMughni, 8/171). The obligation of spending on one’s child is based on the Qur’aan, the Sunnah and scholarly consensus (ijmaa’). In the Qur’aan, Allaah says (interpretation of the meaning): “Then if they give suck to the children for you, give them their due payment”[al-Talaaq 65:6] The obligation of paying for breastfeeding is given to the father. And Allaah says (interpretation of the meaning): “but the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis”[alBaqarah 2:233] From the Sunnah: the Prophet (peace and blessings of Allaah be upon him) said to Hind: “Take what is sufficient for you and your child, on a reasonable basis.” (alBukhaari, 5364; Muslim, 1714) With regard to ijmaa’, we have quoted it above. They (the scholars) are agreed that the father has to spend on his incapable children, male and female alike, until they become independent, whether they are old or young. They agreed that the father does not have to spend on a 49


child who has wealth and is of independent means, even if that child is small. They agreed that a father does not have to spend on a son who has reached adulthood and is able to earn a living. They differed as to whether a father has to spend on an adult son who is poor but is able to earn a living. Most of the scholars think that he does not have to spend on him, because he is able to work. Some of them said that the father does have to spend on his adult son who is poor, even if he is able to earn a living, basing that on the words of the Prophet (peace and blessings of Allaah be upon him) to Hind: “Take what is sufficient for you and your child, on a reasonable basis.” He did not make any exception for one who has reached adulthood or is physically sound. And because he is a poor child, he deserves to be spent on by his rich father, as is also the case if a child is chronically sick or blind. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about a rich father who has a son who is poor: does the rich father have to spend on his poor son? He answered: “Yes, he has to spend on his son on a reasonable basis, if the son is poor and is unable to earn a living and the father is well off.” (Summarized from alFataawa al-Kubraa, 3/363; Majmoo’ al-Fataawa, 34/ 105). They also differed concerning a daughter who reaches adulthood – does the father have to spend on her or not? Most of the scholars said that he does have to spend on her until she gets married. This is more likely to be correct, 50


and Allaah knows best, because she is unable to earn a living. This is a summary of what the scholars have said. You will find some of the texts and the evidence which they quoted in the following books: Hanafi: al-Mabsoot, 5/223 Maaliki: al-Mudawwanah, 2/263. See also Tabyeen alMasaalik Sharh Tadreeb al-Saalik, 3/244 Shaafa’i: al-Umm, 8/340 Hanbali: al-Mughni, 8/171. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 22063: The reward for spending on one’s wife and children Question: What is the reward of a man who spends on his children? Answer: Praise be to Allaah. There is a great deal of evidence in the Qur’aan and Sunnah to encourage spending on one’s children and describing the virtue of doing so. This includes: 1 – Evidence from the Qur’aan: Allaah says (interpretation of the meanings): 51


“but the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis”[alBaqarah 2:233] “Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allaah has given him” [al-Talaaq 65:7] “and whatsoever you spend of anything (in Allaah’s Cause), He will replace it. And He is the Best of providers” [Saba’ 34:39] 2 – Evidence from the Sunnah: There are many reports from the Prophet (peace and blessings of Allaah be upon him) concerning the virtue of spending on one’s wife and children, especially daughters. For example, Muslim (995) narrated from Abu Hurayrah in a marfoo’ report: “A dinar which you spend for the sake of Allaah, a dinar which you spend on freeing a slave, a dinar which you give in charity to a poor person and a dinar which you spend on your family – the greatest of these in reward is that which you spend on your family.” It was narrated by Muslim (994) and others from Thawbaan, the freed slave of the Messenger of Allaah (peace and blessings of Allaah be upon him) in a marfoo’ report: “The best dinar which a man can spend is a dinar which he spends on his children, a dinar which he spends on his riding beast for the sake of Allaah, and a dinar which he spends on his companions for the sake of Allaah.” Abu Qilaabah said: he started with one’s children, then Abu Qilaabah said, what man earns a greater reward than one who spends on his small children so as spare them from having to beg or so that Allaah may benefit them through him and make them independent? 52


In Saheeh al-Bukhaari (1295) and Saheeh Muslim (1628) it is narrated from Sa’d ibn Abi Waqqaas (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said to him: “You will never spend anything seeking the Face of Allaah thereby, but you will be rewarded for it, even (the food) that you put in your wife’s mouth.” In al-Bukhaari (55) and Muslim (1002) it is narrated from Abu Sa’eed al-Khudri (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “When a man spends on his family, hoping for reward, that is (counted as) an act of charity for him.” In al-Saheehayn (al-Bukhaari, 1442, Muslim, 1010), it is narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “there is no day on which people wake up but two angels come down. One of them says, ‘O Allaah, compensate anyone who spends’ and the other says, ‘O Allaah, destroy the one who withholds.’” In al-Saheehayn (al-Bukhaari, 1418; Muslim, 2629) it is narrated that ‘Aa’ishah (may Allaah be pleased with her) said: “A woman entered upon me and she had her two daughters with her. She asked me [for food] and I did not have anything except one date. I gave it to her and she shared it between her daughters and did not eat any of it herself. Then she got up and left. The Prophet (peace and blessings of Allaah be upon him) came in and I told him (what had happened). He said, ‘Whoever is tested with any of these girls and he treats them kindly, they will be a shield for him against the Fire.’” In Muslim (2630) it is also narrated that ‘Aa’ishah (may Allaah be pleased with her) said: “A poor woman came to me carrying her two daughters, and I gave her three dates. She gave each of them a date, and raised one date 53


to her mouth to eat it. Then her daughters asked her for more food, so she split the date that she had wanted to eat between them. I was impressed by her action and I told the Messenger of Allaah (peace and blessings of Allaah be upon him) what she had done. He said, ‘Because of that, Allaah has guaranteed Paradise for her, or saved her from Hell.’” In Muslim (2631) it is narrated from Anas (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever sponsors (takes care of) two girls until they reach adulthood, he and I will come on the Day of Resurrection (like this)” – and he put his fingers together. And there are many similar ahaadeeth. And Allaah knows best. (Adapted from Ghidha’ al-Albaab, 2/437) Ibn Battaal (may Allaah have mercy on him) said: he should spend on himself, on his wife and on those on whom he is obliged to spend without being stingy or extravagant in that, as Allaah says (interpretation of the meaning): “And those who, when they spend, are neither extravagant nor niggardly, but hold a medium (way) between those (extremes)” [al-Furqaan 25:67] This spending is better than charity and all other kinds of spending. (Tarh al-Tathreeb, 2/74) And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 54


12214: Do parents have any rights to the wealth of a married daughter? Question: Does a daughters wealth belong to her parents like a son’s wealth belongs to his parents and should she spend on them in the same way? Many people believe that once a daughter is married, she should not spend on her parents if her brothers are able to do this instead. Do husbands have rights over their wife’s wealth, not to spend themselves but rather over where the wife should spend it and if they think it should not be on her parents then she should obey this request. If noth parents are needy, and the wife has no wealth of her own, should the husband spend on both as the wife’s parents are allowed to recieve zakaah from their daughter but the husband’s parents are not as it is his duty to spend on them? Answer: Praise be to Allaah. Children (awlaad) is a general term which includes both males and females. The father has the right to dispose of his children’s wealth because the Prophet (peace and blessings of Allaah be upon him) said: “You and your wealth belong to your children.” So if the father wants to take something from their wealth, he has the right to do that, so long as it will not cause them any harm; it is not permissible for him to take wealth from one of them and give it to another. If the parents are poor and the daughter has wealth surplus 55


to her needs, then she has to spend on her parents in accordance with their needs, without failing to meet her own needs. The woman’s maintenance is obligatory upon her husband: he must spend on that which is essential for her maintenance. If the woman is working then her money is hers and hers alone, unless the husband stipulates the condition that he should get the money or some of it in return for her going out of the house and his missing out on some of his rights. But if she has enough money she can keep it for her own needs or for her children’s or parents’ needs. If she has brothers or sisters, and one of them takes care of spending on the parents, then the others are relieved of the obligation, and he will have the reward; or they can all agree that each of them will give a specific amount. The woman’s husband is not obliged to spend on her parents, unless it is the zakaah of his wealth. She, on the other hand, should not spend her zakaah money on them because that is an obligation upon her; rather she should give them money other than her zakaah. Shaykh ‘Abd-Allaah ibn Jibreen. (www.islam-qa.com) 21658: Will a Muslim be rewarded for spending on building? Question: Will a man be rewarded for spending on building? Answer: Praise be to Allaah. It was narrated from Anas ibn Maalik that the Messenger of Allaah (peace and blessings of Allaah be upon him) 56


said: “”Every building will bring bad consequences to the one who built it, except that (which is necessary).” (Narrated by Abu Dawood, 5237; Ibn Maajah, 4161) This hadeeth was classed as saheeh by al-Albaani in alSilsilah al-Saheehah, 2830. It was narrated that Khabbaab ibn al-Aratt said: “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: ‘A man will be rewarded for all of his spending, except (spending on) dust – or he said, on building.’” (Narrated by al-Tirmidhi, 2483; Ibn Maajah, 4163). This hadeeth was classed as saheeh by Shaykh al-Albaani in al-Silsilah al-Saheehah, 2831. Shaykh al-Albaani said: Know that what is meant in this hadeeth and the previous hadeeth – and Allaah knows best – is when a Muslim is too concerned with building and buikds more than he needs. There is no doubt that what is necessary varies according to the size of the builder’s family, whether it is large or small, and whether he entertains guests or not. In that regard it is similar to the saheeh hadeeth, “A bed for the man, a bed for his wife, a bed for their guest, and the fourth is for the Shaytaan.” (Narrated by Muslim, 6/146 and others; also narrated in Saheeh Abi Dawood). Hence al-Haafiz said, after quoting this hadeeth and others: “These are all to be interpreted as referring to things that are needed in order to live a settled life, and to that which offers protection against heat and cold.” Then he spoke of some people who gave the false 57


impression that all kinds of building are sinful, and he commented on that by saying: “That is not the case, rather it is subject to further explanation. Not everyone who builds more than he needs is necessarily guilty of sin… in some cases, building may bring reward, such as something which benefits people other than the builder – this brings the builder reward. And Allaah knows best. Al-Silsilah al-Saheehah, hadeeth no. 2831. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 2686: If a woman works, does she have to pay the household expenses? Question: Does a woman who is employed have to pay the household expenses? Her husband is saying that if she does not pay the household expenses, she will not be allowed to work at all. Does her husband have any right to the salary which she gets for her work? If she does have to pay towards the household expenses, how is that to be divided between her and husband? Answer: Praise be to Allaah. They should come to some agreement concerning this issue – the sharing of household expenses between a 58


husband and wife who both go out to work and earn a living – and avoid any dispute concerning it. With regard to how that should be done, this depends on a number of things, as discussed below: 1 – If your husband stipulated in the marriage contract that expenses are to be shared otherwise he will not let you work, then the Muslims are bound by their conditions, as the Prophet SAWS (peace and blessings of Allaah be upon him) said: “The Muslims are bound by their conditions, except for conditions which forbid something that is permitted or permit something that is forbidden.” And he SAWS (peace and blessings of Allaah be upon him) said: “The conditions which are most deserving of fulfilment are those by means of which sexual intimacy becomes permissible for you.” So you are bound by the conditions you made, if you made any conditions [in your marriage contract]. 2 – If you did not make any conditions, then the household expenses are all the responsibility of the husband, and the wife does not have to pay any of the household expenses; he is the one who has to pay them. Allaah says (interpretation of the meaning): “Let the rich man spend according to his means” [al-Talaaq 65:7] And the Prophet SAWS (peace and blessings of Allaah be upon him) said: “You are obliged to spend on them and clothe them according to what is reasonable.” So spending is the obligation of the husband. He is the one who should take care of the household needs and his 59


own needs and those of his wife and children. (The wife’s) money and salary belong to her, because that is given in return for her work and her efforts. (The husband) draw up the marriage contract on that basis, and he did not stipulate any condition that she should pay the household expenses, or half of them, etc. – unless she gives up any part of her salary of her own good pleasure, “but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allaah has made it lawful)” [al-Nisaa’ 4:4] But if the marriage contract was drawn up on the basis of any such condition, then the Muslims are bound by their conditions. But we advise you to give up part of your salary to your husband in order to please him and to resolve the dispute and solve the problem, so that you may live in peace and harmony. So agree upon something between yourselves, such as one half of the salary, or one-third, or one-quarter, etc., so that the problem will be solved and so that love and harmony may take the place of conflict. Or perhaps he will agree and be content with what Allaah has decreed for him, and he will spend according to his means, and he will forego all of your salary and have some pride concerning the matter. But if that is not possible, then there is no reason why you should not refer the matter to the courts in the city where you live, and whatever the shar’i court decides will be sufficient, in sha Allah. May Allaah help you both. From the fatwas of Shaykh ‘Abd al-‘Azeez. (www.islam-qa.com)

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10495: His wife demands clothes and gold like her friends have Question: My wife attends parties and sees what the other women are wearing, then she demands clothes and gold like those she has seen. My monthly income is not like that of the husbands of those women. What should I do with her? Answer: Praise be to Allaah. There is an important hadeeth from the Prophet (peace and blessings of Allaah be upon him) which explains this matter and says that this is one of the causes of doom. There follows the text of this hadeeth so that you may advise your wife thereby. Imaam Ibn Khuzaymah narrated in Kitaab al-Tawheed that the Prophet (peace and blessings of Allaah be upon him) delivered a khutbah (sermon) and spoke at length., in which he mentioned matters of this world and the Hereafter. He said that the first thing that led to the destruction of the Children of Israel was when the wife of a poor man would make demands for clothes and jewellery just as the wife of a rich man would demand. Al-Silsilah al-Saheehah by al-Albaani, no. 591. He said, this is a saheeh isnaad according to the conditions of Muslim. You must remind her of the importance of being content and of asceticism in this world. Promise her that that you will give her more when Allaah gives you more, and

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remind her of what Allaah says (interpretation of the meaning): “Let the rich man spend according to his means; and the man whose resources are restricted, let him spend according to what Allaah has given him. Allaah puts no burden on any person beyond what He has given him. Allaah will grant after hardship, ease” [al-Talaaq 65:7] Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 10122: Her husband has left Islam; is she entitled to maintenance during the ‘iddah period? Question: I got married to a person who had been a Christian, then he claimed to be a Muslim and started to pray. I lived with him for a while, then he left Islam and stopped praying. I had the marriage declared null and void, and I have started my ‘iddah. Am I entitled to maintenance from him during the ‘iddah? Answer: Praise be to Allaah. Yes, you are entitled to maintenance during the ‘iddah, because the separation happened because of the husband, since he left Islam. Imaam al-Shaafa’i (may Allaah have mercy on him) said in Kitaab al-Umm (vol. 6), “If he – i.e., the husband – becomes an apostate (leaves Islam), he should still spend on her (maintenance) – i.e., the wife 62


– during her ‘iddah, because she is not finally divorced until the ‘iddah is over.” Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 10552: Spending on relatives Question: When is it obligatory for a person to spend on his parents? Answer: Praise be to Allaah. The basic principle in spending on relatives such as parents and children is to be found in the Qur’aan, Sunnah and scholarly consensus. With regard to the Qur’aan, it is the aayat (interpretation of the meanings): “but the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis” [alBaqarah 2:233] “And your Lord has decreed that you worship none but Him. And that you be dutiful to your parents” [al-Isra’ 17:23] Duty towards parents includes spending on them according to necessity. With regard to ijmaa’ (scholarly consensus), Ibn al63


Mundhir said: “The scholars are agreed that spending on poor parents who have no source of income and no money is an obligation on the son’s wealth.” The obligation of spending is conditional upon the one who is spending being able to afford to do so, and upon the one on whom money is spent being in difficulty and being in need of that spending. This is according to general consensus. Al-Mawsoo’ah al-Fiqhiyyah, vol. 39, p. 22 (www.islamqa.com) 10038: He does not work and his wife is spending on him – is this considered to be a debt that he owes? Question: If the is not working and the wife works and uses her money to pay the rent,buys food, and pay’s all the other bills in the house does the husband owe the wive the money she spent if it was not agreed that it was sadaqah? Answer: Praise be to Allaah. We put this question to Shaykh ‘Abd-Allaah ibn Jibreen, may Allaah preserve him, who answered as follows: If there was no prior agreement, this is considered to be a gift and a donation, so she does not have the right to ask for it back at the time when she spent this money of her own accord. But if there was a prior condition that the money should be repaid, then Muslims are bound by their conditions and she has the right to ask, when the husband 64


can afford it, for all that she has spent on his house and children. And Allaah knows best. Shaykh ‘Abd-Allaah ibn Jibreen (www.islam-qa.com) 5500: What should he do when his kaafir father asks him for money? Question: I asked a question earlier (I converted to Islam recently); however, I got to thinking about the financial relationship with my father and I. Should I still give my wealth to him if he asks? Answer: Praise be to Allaah. We put the following question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen: I became Muslim recently and I am wondering about the financial relationship between me and my father. Do I have to give him money because of the hadeeth, “You and your wealth belong to your father”? He (may Allaah preserve him) replied as follows: Does he mean spending on him or what? - He says that he asks him for different things, it is not just the matter of spending on him, it is more than that. Answer: he is not obliged to do more than spend on him 65


(i.e., cover his living expenses); as for charity, that is not a problem (i.e., if he wants to give him more as an act of charity, that is fine). And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 4838: He is in need and his brother is a music-writer Question: My brother works as a music-writer, putting music to songs, and he has no other source of income. I cannot work, and my father is dead. Is it permissible for me to eat from his wealth (be supported by him)? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, and he answered as follows: Yes, it is permissible for you to eat from his wealth, so long as you are in need, and it is his duty to spend on you. Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 3463: Do both fathers and sons have to finance one another’s Hajj? Question: Does the father have to pay for his son’s obligatory Hajj 66


if the son is poor, and does the son have to pay for his father’s obligatory Hajj if the father is poor? Answer: Praise be to Allaah. This question was put to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, and he answered as follows: That is not obligatory, because acts of worship are conditional upon a person’s ability to do them. That ability cannot come from someone else. So neither party has to do this for the other. But if the father asks his son who is able to finance his Hajj to do so, the son’s responding to that request will be part of the honouring of one’s parents that is enjoined upon children, so it is obligatory in that sense. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 10608: To whom should he give preference, his mother or his wife? Question: A man has a wife and a mother. Should he give preference to his wife over his mother in spending, other necessities and clothing, and is there any sin involved if he does that? Answer: Praise be to Allaah. 67


There is no sin involved in that, if his mother is one of those whom he is obliged to support and he meets her needs. But it is better for him to make his mother happy and to give her preference. If he has to give preference to his wife, he should hide that from his mother. And Allaah knows best. Fataawa al-Imaam al-Nawawi, p. 212 (www.islam-qa.com) 5591: Her husband wants her to work outside the home Question: I was married 8 months ago to my husband. I respect him and love him dearly. I have never disobeyed him. Before we got married he gave me the option that I could go out to work if I wanted to. Now we are married he thinks that I should be earning money. I do not want to and we do not need the money as he is earning enogh for us. I do not believe that money is the answer to everything. Please help me. How should I deal with the situation? Must I obey him and go out to work? We live in the Western world and my job would involve contact with the public. Answer: Praise be to Allaah. We put the following question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen: If a woman’s husband tells her to get a job outside the home so that she can earn money, does she have to obey him? 68


He (may Allaah preserve him) answered as follows: She does not have to, because he is obliged to spend on her, and she is not obliged to spend on herself. How, then, if this work involves something haraam, namely mixing with men? She should not obey him with regard to this, because there is no obedience to any created being if it involves disobedience towards the Creator. Remind him that he is the man and is your protector and maintainer (qawwaam) because he spends on you from his means. It is not right for him to let greed for worldly things and the desire for more money make him ask his wife to do work which she is not obliged to do according to sharee’ah, or to expose her to fitnah (temptation) for the sake of the transient conveniences of this world. We ask Allaah to guide him. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 6026: Spending on one’s relatives Question: my father earns about 10 thousand riyals per month.we spend the least possible amount of money on our selves as my mom is trying to save money because one of my sisters has still to get married and me and my brother are still under education.my father’s mother is a widow.she is living with one of her sons in her husband’s house along with her three daughters(two unmarried and one widow).she is living a good standard of living (the same as we r enjoying over here).my father gives them some 69


monthly allowance. my father’s farm is under their (my uncle’s) supervision and they get all the money from it.i want to know how much my father is supposed to give them monthly provided that they live very nicely and all his sisters and his mother have considerable amount of gold and separate land properties. Answer: Praise be to Allaah. Spending on one’s relatives may be divided into two categories: The first category is that which is called ‘umooday alnasab (lit. the two pillars of lineage)’ i.e. the direct line of ascent and descent, not matter how far they reach. [This means parents, grandparents, great-grandparents etc, in the line of ascent, and children, grandchildren, greatgrandchildren, etc., in the line of descent - Translator]. Spending on them is obligatory when the following two conditions apply: That the one on whom money is spent is poor and does not have anything or does not have enough, and is not able to earn a living. That the one who is spending money can afford it and has enough, more than what he and his spouse need for their own sustenance. There is also a third condition: that both parties should share the same religion (i.e., they should both be Muslims, for example). The second category is all other relatives apart from those in the direct line of ascent or descent. In cases where spending on them is obligatory, in addition to the two 70


conditions mentioned above, there is a third condition: which is that the one who spends money should be a legal heir (according to sharee’ah) of the person on whom he is spending, i.e. he can inherit from him. On this basis, if your father and paternal uncles are able to spend, then it is their duty to spend on your grandmother and paternal aunts. But do not forget the matter of kind treatment, for charity given to relatives is both charity and an upholding of kinship ties, and so it will bring two rewards. Do not forget what Allaah says (interpretation of the meaning): “… and whatsoever you spend of anything (in Allaah’s cause) He will replace it. And He is the Best of providers.” [Saba’ 34:39] Spending on one’s relatives, especially one’s mother, is one of the greatest means by virtue of which Allaah will send more provision and blessings, alongside the great reward which is with Allaah, may He be glorified and exalted. So you should be happy that your father is spending on his mother and sisters, and you should encourage him to do that and compete with your uncles in doing this good deed. As for the amount of money to be spent, this is determined by the ability of the person who is spending and the needs of the people on whom he is spending. Allaah says (interpretation of the meaning): “They ask you (O Muhammad) what they should spend. Say: whatever you spend of good must be for parents and kindred and orphans and al-masaakeen (the poor) and wayfarers, and whatever you do of good deeds, truly, Allaah knows it well.” [al-Baqarah 2:215] 71


And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 4282: The son has a family and his father is exhausting him with his financial demands Question: My father continually asks me for money and is exhausting me with his many demands. I have a family and commitments of my own. To what extent am I obliged to give him, and what is the meaning of the hadeeth, “You and your wealth belong to your father”? Answer: Praise be to Allaah. The hadeeth “You and your wealth belong to your father” was reported by Ibn Maajah (may Allah have mercy on him) in his Sunan from Jaabir ibn ‘Abd-Allaah, who said that a man said, “O Messenger of Allaah, I have wealth and children, and my father wants to take all my wealth [to spend it on his own needs] and leave nothing.” The Prophet (peace and blessings of Allaah be upon him) said: “You and your wealth belong to your father.” (In alZawaa’id it says: its isnaad is saheeh and its men are thiqaat according to the conditions of al-Bukhaari). Imaam ‘Abd al-Razzaaq (may Allaah have mercy on him) said in al-Musannaf:

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‘Concerning a man who takes his son’s wealth From ‘Aa’ishah who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘The best of what a man consumes is what he earns, and his children are part of his earnings.’” From Muhammad ibn al-Munkadir: a man referred his dispute with his father over his earnings to the Prophet (peace and blessings of Allaah be upon him). The Prophet (peace and blessings of Allaah be upon him) said: “You and your wealth belong to your father.” From ‘Aa’ishah who said: “A man can consume whatever he wishes of his son’s wealth, but a son cannot consume anything of his father’s wealth without his permission.” From Sa’eed ibn al-Musayyib, who said: “A man can take whatever he wants from his son’s wealth, but a son should not take anything from his father’s wealth except with his consent.” From Ibn Jurayj, who said: “ ‘Ataa’ did not see anything wrong with a man taking whatever he wanted of his son’s wealth, even if it was not a case of necessity.”’ Then he said (may Allaah have mercy on him): ‘Those who say: a man should not take anything of his son’s wealth except with his permission. From Ibn Seereen, who said: “A son should honour his father, but each man has more right to that which he himself owns.” Saalim reported that Hamzah ibn ‘Abd-Allaah ibn ‘Umar sacrificed a camel, then a beggar came to Ibn ‘Umar [i.e., ‘Abd-Allaah, the father of the one who offered the sacrifice]. ‘Abd-Allaah said, “It’s not mine [i.e., the meat 73


of the sacrifice isn’t mine to give away].” Hamzah said: “O my father, you have my permission, so give away whatever you want of it.” Ibn Qudaamah (may Allaah have mercy on him) said in his book al-Mughni, commenting on this matter: “Any father has the right to take whatever he wants of his son’s wealth and to take possession of it, whether the father needs it or not, and whether the son is an adult or a child, provided two conditions are met. The first is that this should not be unfair to the son or cause him any harm, and that the father should not take anything that the son needs. The second is that he should not take from the wealth of one child to give it to another child. This is what was stated by Ahmad… This is because it is prohibited for a father to show favouritism in giving to one child from his own wealth, so the prohibition should apply even more to the case of a father taking from one child to give to another. ” Abu Haneefah, Maalik and al-Shaafa’i said: He does not have the right to take any more from his son’s wealth than what he needs, because the Prophet (peace and blessings of Allaah be upon him) said: “Your blood and your wealth are as sacred to you as this day of yours in this month of yours.” (Agreed upon). It was reported that the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible to take the wealth of a Muslim except with his consent.” (Reported by alDaaraqutni). The son has full ownership of his wealth, and it should not be taken away from him, as the case if he needs it . Our evidence for this is the report of ‘Aa’ishah (may Allaah be pleased with her) who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘The best of what you consume is what you earn, and your children are part of what you earn.’” 74


(Reported by Sa’eed and al-Tirmidhi, who said: a hasan hadeeth). ‘Amr ibn Shu’ayb reported, from his father, from his grandfather, who said: “A man came to the Prophet (peace and blessings of Allaah be upon him) and said, ‘My father needed all my wealth.’ He said, ‘You and your wealth belong to your father.’” A longer version was reported by al-Tabaraani in al-Mu’jam, and by others, which adds: “Your children are among the best of your earnings, so consume whatever they have of wealth.” Muhammad ibn al-Munkadir and al-Mutlib ibn Hantab reported: “A man came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: ‘I have wealth and children, and my father has wealth and children, but my father wants to take my wealth.’ The Prophet (peace and blessings of Allaah be upon him) said: ‘You and your wealth belong to your father.’” (Reported by Sa’eed in his Sunan). Also, Allaah has described the child as a gift to his father, as He says (interpretation of the meanings): “And We bestowed upon him Ishaaq, and (a grandson) Ya’qoob…” [al-Anbiya’ 21:72] “… and We bestowed upon him Yahyaa…” [al-Anbiya’ 21:90] “[Zakariya said:] ‘…So give me from Yourself an heir.’” [Maryam 19:5] “[Ibraaheem said]: ‘All praises and thanks be to Allaah, Who has given me in old age Ismaa’eel and Ishaaq…’” [Ibraaheem 14:39] Whoever is given to a person as a gift, he is allowed to 75


take his wealth, just as he has the right to take the wealth of his slave. (al-Mughni, part 5). In the dissertations and fatwas of the Mufti Shaykh Muhammad ibn Ibraaheem ibn ‘Abd al-Lateef Aal alShaykh, it says the following: A father is permitted to take from his son’s wealth, because of the sayings of the Prophet (peace and blessings of Allaah be upon him): “You and your wealth belong to your father” (reported by the five and classed as saheeh by al-Tirmidhi) and “The best of what you consume is what you earn, and your children are part of your earnings” (reported by al-Tirmidhi, al-Nisaa’i and Ibn Maajah from ‘Aa’ishah). The father’s taking from his son’s earnings is subject to six conditions: He should not take what his child needs or the loss of which would cause harm to his child. He should not give it to another of his children. He should not take anything when either of them is on his deathbed. The father should not be a kaafir when the son is a Muslim. The wealth should exist in a tangible form. Whatever the father takes from his son becomes his when he takes it with the appropriate intention or a spoken statement. This is the gist of what our fuqaha’ (may Allaah have mercy on them) have said, and this is our fatwa. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 76


1836: Wife and children eating from the husband’s haraam earnings Question: In many Muslim families, the men work in selling wine and pork and the like, and their wives and children hate this, while knowing that they are living off their menfolk’s money. Are they to blame at all in this case?

Answer: Praise be to Allaah. Allaah says (interpretation of the meanings): “So keep your duty to Allaah and fear Him as much as you can…” [al-Taghaabun 64:16] “Allaah burdens not a person beyond his scope…” [al-Baqarah 2:286] Wives and children who are not able to earn their own halaal income are permitted to take what they need from the husband’s earnings from unlawful sources, such as selling wine and pork etc., after they have tried to convince him to find a halaal income and look for other work. They can take what is their right from the father, and this should be enough just to cover their needs, without being extravagant. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 77


215: A minor whose parents’ income is haraam Question: If you are a minor and your parents earn income that might be haram for example they service businesses among them are bars, and deal with interest like when paying deposits on a apartments they rent out. My question is that there is I think (several hadith) where it says that Allah does not accept du’as and prayers of those who get there sustenance through haram means. If a little of the sustenance (money) is from haram means, and you are a minor in this case does hadith count in your case? Answer: Expenditure is obligatory upon a father to his son/daughter according to the Islamic law and shari’ah, as regards his/ her housing, clothing, food, drink and the like. However, the concept is not tied to being a “minor” in the sense of Western laws. The requirement according to Islamic shari’ah are: · that the person spent upon is poor or does not own anything, or does not own or possess what is enough for his requirements and is unable to gain their own income. · that the one spending has enough wealth to spend on himself and his wife. · that the one spending and the one spent upon are of the same religion. When the son/daughter is in need for expenses, then he/ she is allowed to take from his/her father’s earning even though it is haraam (forbidden). In such a case his/her du’aa’ to Allaah won’t be affected, since being a minor, 78


he/she has neither might nor power. But while doing so, he/she should abide by the following observations: Not to expand and widen the scope of taking or accepting from his/her father’s illegitimate earnings. He/she should try if he/she is able to earn a halaal income to become independent and self-sufficient and no longer in need of the father’s support. To try as hard as possible all ways to admonish and advise he/her parents in the hope that Allah Almighty may guide them towards repentance from haraam earnings. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)

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Chapter 4 Transactions Gifts and Presents 49015: Ruling on lender accepting a gift from the borrower Question: Someone borrowed some money from me, and he gave me a gift before he paid back the loan. What is the ruling on my accepting this gift?. Answer: Praise be to Allaah. If the person who borrowed from you was in the habit of giving you gifts before the loan, such as if he was a friend or relative of yours etc, then there is nothing wrong with your accepting the gift in that case, because it had nothing to do with the loan. But if this person was not in the habit of giving you gifts, it is not permissible for you to accept it, because it may be because of the loan, and if you accept it you may fall into riba (usury), because the basic principle regarding loans is that “Every loan which brings a benefit is riba,” and this loan will have brought you a benefit. See questions no. 30842 and 39505. Also: he may be giving it to you to make you agree to delay asking for repayment, which is also a kind of riba. This is indicated by the report narrated by Ibn Maajah 80


(2432) from Yahya ibn Abi Ishaaq who said: I asked Anas ibn Maalik: What if man gives his brother a loan, then (the borrower) gives him a gift? The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “If any one of you borrows something then he gives (the lender) a gift or gives him a ride on his riding-beast, he should not accept the gift or the ride, unless they used to treat each other in that manner beforehand.” Classed as hasan by Shaykh al-Islam Ibn Taymiyah in al-Fataawa alKubra, 6/159. Ibn Sireen narrated that ‘Umar (may Allaah be pleased with him) lent Ubayy ibn Ka’b (may Allaah be pleased with him) ten thousand dirhams, and Ubayy ibn Ka’b gave him a gift of some fruit from his land, but he returned that to him and did not accept it. Ubayy came to him and said: “The people of Madeenah know that I grow some of the best fruit and I have no need of it, so why did you refuse my gift?” Then later on he sent him (some fruit) and he accepted it. Ibn al-Qayyim said: ‘Umar refused it because he thought that the gift was because of the loan. When he realized that it was not because of the loan, he accepted it. This is the decisive answer concerning the issue of accepting a gift from a debtor. Al-Bukhaari narrated in his Saheeh (3814) that Abu Burdah said: I came to Madeenah and met ‘Abd-Allaah ibn Salaam (may Allaah be pleased with him). He said to me: “You are in a country where the practice of Riba (i.e. usury) is prevalent; so if somebody owes you something and he sends you a present of a load of chopped straw or a load of barley or a load of fodder then do not take it, as it is Riba.” This view was narrated from several of the Sahaabah. Ibn al-Qayyim said in I’laam al-Muwaqqi’een (3/136): It was narrated from more than one of them (i.e., the Sahaabah) – such as Ubayy ibn Ka’b, Ibn Mas’ood, ‘Abd81


Allaah ibn Salaam, Ibn ‘Umar and Ibn ‘Abbaas – that they forbade the lender to accept a gift from the borrower, and they regarded accepting it as riba. Al-Shawkaani said in Nayl al-Awtaar (6/257): The point is that if gifts, loans etc are given for the sake of delaying payment of the loan, or as a bribe to the one who gave the loan, or so that the one who gave the loan will benefit as a result of his loan, that is haram, because it is a kind of riba or bribe. But if that is because the lender and borrower used to do that before this loan, then there is nothing wrong with it. If that is not done for any obvious purpose then it seems that the general prohibition should apply in this case. Some of the scholars are of the view that it is permissible for the lender to accept a gift from the borrower, but it is better not to do so, to be on the safe side. Ibn al-Qayyim said in I’laam al-Muwaqqi’een (3/136): The Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the way of his companions is more deserving of being followed. I say: Is there any other solution apart from refusing the gift or falling into riba? The answer is: Yes. If you insist on accepting the gift, you have two choices: you can respond in kind, giving something of equal or greater value, or you can regard it as part of the debt and waive the value of the gift from the amount owed. Sa’eed ibn Mansoor narrated in his Sunan from ‘AbdAllaah ibn ‘Umar that a man came to him and said: I lent money to a man whom I do not know and he gave me a

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valuable gift. He said: Give his gift back to him, or count it as part of the repayment. Sa’eed ibn Mansoor also narrated that Saalim ibn Abi’lJa’d said: A man came to Ibn ‘Abbaas and said: I lent twenty dirhams to a man who sells fish and he gave me a fish which I estimated was worth thirteen dirhams. He said: Take seven dirhams from him. See al-Fataawa al-Kubra by Ibn al-Qayyim, 6/159. Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’ (9/ 61): If someone were to say: So long as this is haraam, why shouldn’t he just give it back in the first place? We say: because he may feel too shy or embarrassed to return it, or he may hurt his companion deeply if he gives it back. So we say: Take it, and plan to repay him with a gift of equal or greater value, or to deduct its value from the loan. There is nothing wrong with this. What we have stated above about it being haraam applies if the gift is given before the loan is paid off. If it is given after the loan is paid off, there is nothing wrong with accepting it. Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’ (9/ 59): If he is given a gift shortly after the loan is paid off or a long time after that, it is permissible. See al-Mughni, 6/437; al-Sharh al-Mumti’, 9/59-61. Islam Q&A (www.islam-qa.com)

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22181: Accepting a gift with strings attached from a nonMuslim Question: I am a Muslim student studying in America. We are planning to build an Islamic center in the town where I am staying. The university has donated the land where the center is to be built, but they have stipulated a number of conditions in the contract according to which we may get the land and build our center on it. This has made some of the brothers object to accepting this land. These conditions include the following: 1- That the administration of the center be subject to state and university laws. 2- That the university has the right to take back its gift and resume ownership of the land. 3- That the center should not be only for Muslims, rather it should be for Muslims and others. Is it permissible to accept this land under these conditions?. Answer: Praise be to Allaah. If the matter is as described, then it is not permissible to accept this gift, because of the evil consequences which will result from implementation of these conditions, such as the subjection of the center to university laws and regulations, which are unknown to the recipients and some of which may go against Islam. The same applies to the 84


subjection of the center to state laws; it is well known that some of their laws go against Islam. Similarly, their stipulation that the center should be for Muslims and others, such as Jews, which means that the Muslims will be building a center in which Christian and Jewish rituals will be observed. This will cause many problems. They have also stipulated that the giver has the right to take back the gift and ownership of the land will revert to the university, and other stipulations mentioned in the contract. This is also contrary to Islamic sharee’ah. And Allaah is the Source of strength. Fataawa al-Lajnah al-Daa’imah, 16/178-179. (www.islam-qa.com) 46797: Can a Muslim accept a gift from his kaafir brother? Question: What is the ruling on two brothers, one of whom is a Muslim and the other is a mushrik and rich. Is it permissible for the Muslim brother to accept a gift from his kaafir, mushrik brother, or not?. Answer: Praise be to Allaah. It is permissible for a Muslim to accept a gift from his brother if he is a kaafir or a mushrik, because that may soften his heart and Allaah may guide him to Islam. And Allaah is the Source of strength. Fataawa al-Lajnah al-Daa’imah, 16/183. (www.islamqa.com) 85


47148: Buying back a gift from someone other than the one to whom it was given Question: A man gave a car to another man for nothing in return, and the one to whom it was given sold it to a third person. The first owner wants to buy it back from the other person who bought it. Is this permissible?. Answer: Praise be to Allaah. It is permissible to buy back a gift in the manner described, because the giver is buying it from someone other than the one to whom it was given. And Allaah is the Source of strength. Fataawa al-Lajnah al-Daa’imah, 16/185. (www.islamqa.com) 34602: Buying back a gift from the one to whom it was given Question: A man gave a car to his brother as a gift, then the one to whom it was given wanted to sell the car. Can the one who gave him the car buy it or is it not permissible for him to buy it?. Answer: Praise be to Allaah. 86


It is not permissible for the giver to buy the thing he gave to his brother. It was narrated that ‘Umar (may Allaah be pleased with him) said: I gave a horse to someone (to ride in jihad) for the sake of Allaah, and its owner neglected it. I thought that he would sell it cheaply, so I asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about that, and he said: “Do not buy it, even if he gives it to you for a dirham, for the one who takes back his charity is like a dog that goes back to its vomit.” And Allaah is the Source of strength. Fataawa al-Lajnah al-Daa’imah, 16/184. (www.islamqa.com) 34591: Accepting gifts and donations from haraam wealth Question: Some Muslims here in Britain accumulate their wealth from both halaal and haraam sources, because they are businessmen and some of the things in which they deal are alcohol and pork. They vary in the extent to which they do that. In some cases most of the person’s wealth comes from haraam sources, and in others only a little of their earnings is haraam. Is it permissible for us Muslims to mix with them and eat their food if they invite us? Is it permissible for us to accept their donations from this wealth for the mosque?. Answer: Praise be to Allaah. Firstly: You have to advise them and warn them of the 87


evil consequences of dealing in haraam things and acquiring wealth from haraam sources. You should cooperate with your brothers among the righteous to remind them and warn them of the wrath of Allaah and the severity of His punishment of those who disobey Him and wage war against Him by committing haraam actions. You should teach them that the pleasures of this world are few, and that the Hereafter is better and more lasting. If they respond, then praise be to Allaah. In that case they are your brothers in Islam. Then you should advise them to return that which they took wrongfully to its rightful owners, if they know who they are, and to follow their bad deeds with good deeds, so that Allaah will accept their repentance and turn their bad deeds into good deeds. Then it will be permissible for you to mix with them as your brothers in faith, and to eat their food and accept their donations for building and furnishing the mosque etc., because by repenting and returning to people what is rightfully theirs as much as possible, their previous sins will be forgiven, as Allaah says (interpretation of the meaning): “So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge)” [al-Baqarah 2:275]. Secondly: If they still refuse to heed advice and reminders, and they persist in doing haraam things, then you have to forsake them for the sake of Allaah, and not respond to their invitations or accept their donations, as a rebuke to them and, in the hope that this will deter them from committing evil actions. And Allaah is the Source of strength. 88


Fataawa al-Lajnah al-Daa’imah, 16/182-183. (www.islam-qa.com) 34640: There is nothing wrong with accepting a gift and giving something of similar value to the giver Question: One of my relatives sent me a large amount of money on the occasion of my marriage, with the intention of helping me. Should I accept it or is it better to refrain and be content with what I have?. Answer: Praise be to Allaah. Al-Bukhaari (2585) narrated that ‘Aa’ishah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to accept gifts and reward people for giving them. “Reward people for giving them” means giving the giver something of equal value at least in return. This was the view of al-Haafiz in al-Fath. This hadeeth indicates that accepting gifts and giving something of equal value to the giver is the way of the Prophet (peace and blessings of Allaah be upon him). The Prophet (peace and blessings of Allaah be upon him) enjoined responding in kind to favours, as he said: “Whoever does you a favour, respond in kind, and if you cannot find the means of doing so, then keep praying for him until you think that you have responded in kind.” 89


Narrated by Abu Dawood, 1672. classed as saheeh by alAlbaani in Saheeh Abi Dawood. “Whoever does you a favour” means, whoever treats you kindly in word or deed. “Respond in kind” means, treat him kindly just as he has treated you kindly. “If you cannot find the means of doing so” means if you do not have the money. “Until you think that you have responded in kind” means, repeat the du’aa’ until you think that you have given him his due. One of the du’aa’s that you can say is Jazaak Allaahu khayran (may Allaah reward you with good). Al-Tirmidhi (2035) narrated that Usaamah ibn Zayd said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever has a favour done for him and says Jazaak Allaahu khayran (may Allaah reward you with good) has done his utmost to thank him.” Narrated by al-Tirmidhi, 2035; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. “Done his utmost to thank him” means, he has done his utmost to express his thanks, because he has acknowledged his shortcomings and that he is unable to reward him and thank him, so he refers the matter to Allaah, that He might reward him in the best manner. One of them said: If you are unable to give him back in kind, then speak at length thanking him and making du’aa’ for him. From Tuhfat al-Ahwadhi. The Standing Committee was asked a similar question, and replied as follows: There is nothing wrong with accepting it (an amount of 90


money as a gift), without you longing for that, and you can respond in kind if you are able to with an appropriate gift, or you can make du’aa’ for him, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does you a favour, respond in kind, and if you cannot find the means of doing so, then keep praying for him until you think that you have responded in kind.” Narrated by Abu Dawood and al-Nasaa’i. Fataawa al-Lajnah al-Daa’imah, 16/171 And Allaah knows best. Islam Q&A (www.islam-qa.com) 34614: Which is better, giving a gift or giving charity? Question: Is it better to give money in charity to the poor and needy, or to give a gift to one of my relatives or friends?. Answer: Praise be to Allaah. The difference between charity and gifts is as follows: Charity is given to the poor and needy to meet their needs, and is done with the intention of seeking the Face of Allaah. There is no intention of giving it to a specific person, rather it is given to any poor or needy person. A gift is not necessarily given to a poor person, rather it may be given to rich or poor; the intention is to show friendship and to honour the recipient.

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Both of them – charity and gift-giving – are righteous deeds for which a person will be rewarded, but which is better? Shaykh al-Islam [Ibn Taymiyah] said in Majmoo’ alFataawa: "Sadaqah (charity) is that which is given for the sake of Allaah as an act of worship, without intending to give it to a specific person and without seeking anything in return, rather it is given to charitable causes, such as to the needy. A gift is given with the intention of honouring a specific person, either because you love him and he is your friend, or because you want something. Hence the Prophet (peace and blessings of Allaah be upon him) used to accept gifts and reward people for them, so that no one could remind him of their favours, but he did not accept the “refuse” of people that they gave to purify themselves of sins, namely charity. He did not accept charity for this and other reasons. Once this is understood, then charity is better, but there is a sense in which a gift is better than charity, such as giving a gift to the Messenger of Allaah (peace and blessings of Allaah be upon him) during his lifetime out of love for him, or the gifts which a person gives to a relative in order to uphold the ties of kinship, or to a brother in Islam. These gifts may be better than charity". Based on this, if you give a gift to one of your relatives, that may be better than giving charity, because it is more befitting to uphold the ties of kinship. The same may apply if you give a gift to a friend of yours, because that will strengthen the bonds of love between you. The Prophet (peace and blessings of Allaah be upon him) said: “Exchange gifts, you will love one another.” Narrated by al-Bukhaari in al-Adab al-Mufrad. Ibn Hajar said: its isnaad is hasan. It was also classed as hasan by al-Albaani in Saheeh al-Adab al-Mufrad, 463. 92


What the hadeeth means is that giving gifts may generate and increase love. And Allaah knows best. Islam Q&A (www.islam-qa.com) 34701: The obligation to treat co-wives fairly in giving gifts Question: I have two wives, and I want to buy some gold for one of them as a gift. Is it permissible for me to do that, or would this be unfair treatment of co-wives? Please note that I do not fall short in giving the other wife her rights. Answer: Praise be to Allaah. Whoever has two or more wives has to treat them fairly. It is not permissible for him to single out one of his wives with regard to spending, accommodation or spending the night, to the exclusion of the others. There is a stern warning issued to the one who has two wives and does not treat them fairly. It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever has two wives and inclines more towards one of them than the other, will come on the Day of Resurrection with half of his body falling.” According to another version: “Dragging half of his body which will be falling or leaning.” Narrated by Imam Ahmad in alMusnad, 2/295, 347, 471. A similar hadeeth was also narrated by al-Nasaa’i and Ibn Maajah in their Sunans.

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And it was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever has two wives and inclines more towards one of them, will come on the Day of Resurrection with half of his body leaning.” Narrated by Abu Dawood in his Sunan, 2/601. Al-Tirmidhi narrated something similar in al-Jaami’. This evidence indicates that it is obligatory to treat cowives fairly and equally, and that it is haraam for the husband to incline more to one of them in a way that will hurt the other. This does not include the inclination of the heart, for a person has no control over the inclination of the heart. Hence the Messenger of Allaah (peace and blessings of Allaah be upon him) used to divide his time equally among his wives, and he said: “O Allaah, this is my division of that which I can control, so do not take me to task for that over which You have control and I have no control” [meaning love in the heart]. Based on this, it is not permissible for this husband to single out one of his wives with regard to something over which he has control. If he gives a house etc to one of his wives, he must treat all his wives equally in that regard, and give a similar gift or something of equal value to all of them, unless the second wife allows that. Fataawa al-Lajnah al-Daa’imah (16/189). (www.islam-qa.com) 39488: It is not permissible for your father to accept what is given to him because of his work Question: My father works for a company and some people give 94


him money or personal gifts at work. He stopped taking this money but he soon went back to taking it. He tells me, “I don’t differentiate between those who give me gifts and those who do not.” What is the situation with regard to the money we take from him, the food we eat and the clothes and gold we wear; and what is the situation with regard to our du’aa’ to Allaah. When he gives us food as a gift, should we accept it? Once he forced me to accept clothes from some of these people. Is it permissible for me to wear them?. Answer: Praise be to Allaah. It is not permissible for your father to accept what is given to him because of his work, because al-Bukhaari (6636) and Muslim (1832) narrated from Abu Humayd al-Saa’idi that the Messenger of Allaah (peace and blessings of Allaah be upon him) appointed a man to collect the zakaah, and when he had finished his work, the man came and said, “O Messenger of Allaah, this is for you and this was given to me as a gift.” He said, “Why don’t you sit in the house of your father and mother and see whether you get any gifts or not?” Then the Messenger of Allaah (peace and blessings of Allaah be upon him) stood up after ‘Isha’ prayer, testified (to the Oneness of Allaah) and praised Him as He deserves to be praised, then he said, “What is the matter with a zakaah-collector whom we appoint, then he comes and says, ‘This is for you, and this was given to me as a gift.’ Why does he not sit in the house of his father and mother and see whether he receives any gifts or not? By the One in Whose hand is my soul, no one of you steals anything from it [the zakaah] but he will come on the Day of Resurrection carrying it on his shoulders, even if it is a camel that he brings groaning, or a cow that he brings mooing, or a sheep that he brings bleating. I 95


have conveyed the message.” Abu Humayd said: Then the Messenger of Allaah (peace and blessings of Allaah be upon him) raised his hand until I could see the whiteness of his armpit. So your father should be told what the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “ ‘Why don’t you sit in the house of your father and mother and see whether you receive any gifts or not?’ – because you are only getting these gifts because of the job to which you have been appointed.” If that is the case, then these gifts belong to the job, and he has no right to take them for himself. Shaykh Ibn Baaz (may Allaah have mercy on him) said: This hadeeth indicates that it is obligatory for the person who is employed by the state to do the job for which he has been appointed, and he has no right to take any gift that has to do with his work. If he takes it then he should put it in the bayt al-maal (public treasury), and it is not permissible for him to take it for himself because of this saheeh hadeeth, and because that is a means that leads to evil and betraying trust. From Fataawa ‘Ulama’ al-Balad al-Haraam, p. 655 Ahmad and al-Bayhaqi narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Gifts given to workers (employees) are ghulool (lit. stolen war booty)” i.e., a betrayal. This hadeeth was classed as saheeh by alAlbaani in Saheeh al-Jaami’, no. 7021. Your father’s saying that he does not differentiate between those who give him things and those who do not does not alter the fact that this is haraam, but if he makes things difficult those who do not give him anything, then that makes his sin more serious. 96


His claim that he does not differentiate between those who give him gifts and those who do not is dubious, because gifts have an effect on the heart. Man is created in such a way that he likes those who are kind to him, so these gifts may make your father biased towards the one who gave him the gift, so he may give him something he is not entitled to. So let him fear Allaah, and refrain from these haraam earnings, for all the pleasures of this world are temporary, so how about if they are also haraam? Whatever he has received of these gifts, it is not permissible for you to take them or make use of them, because this is haraam wealth, Whatever you have saved from your father’s salary that he was paid in return for his permissible work, there is nothing wrong with you benefitting from it. With regard to the clothes that he forced you to take, if they were bought for the regular price, there is nothing wrong with you wearing them, but if he took them as a gift or for a reduced price, you should not wear them. Try to advise your father, and remind him of the seriousness of haraam wealth, and encourage him to ask the scholars so that they can dispel his doubts. And Allaah knows best. Islam Q&A (www.islam-qa.com) 11564: Accepting a gift from a kaafir Question: Is it permissible for a Muslim brother to accept a gift from his kaafir or mushrik brother, or not?.

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Answer: Praise be to Allaah. It s permissible for a Muslim to accept a gift from his brother even if he is a kaafir or a mushrik, because that will soften his heart and make him more open to being guided to Islam. And Allaah is the Source of strength. Al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’lIfta, 16/183 (www.islam-qa.com) 11585: Giver buying the gift from the person to whom it was given Question: A man gave his brother a car as a gift, then the one to whom the gift was given wanted to sell the car. Can the one who gave the car as a gift buy it or is it not permissible for him to buy it?. Answer: Praise be to Allaah. It is not permissible for the one who gave the gift to buy the thing he gave to his brother. It was narrated that ‘Umar (may Allaah be pleased with him) said: I gave a horse (to someone to use in jihad) for the sake of Allaah, and its owner neglected it. I thought that he would sell it for a cheap price, and I asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about that. He said, “Do not buy it from him even if he sells it to you for a 98


dirham, for the one who takes back his charity is like the dog that goes back to its own vomit.” Narrated by alBukhaari, 2623; Muslim, 1620. And Allaah is the Source of strength. Al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’lIfta’, 16/184. (www.islam-qa.com) 34658: He has been given money to help him get married – should he accept it? Question: One of my relatives sent me a large amount of money on the occasion of my marriage, with the intention of helping me. Should I accept it or is it better to be proud and be content with what I have?. Answer: Praise be to Allaah. There is nothing wrong with accepting it if you were not hoping for it, and reciprocating in a suitable manner or making du’aa’ for him, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does you a favour, then respond in kind, and if you cannot find anything to give him, then make du’aa’ for him (and keep doing so) until you think that you have done enough.” Narrated by Abu Dawood and al-Nasaa’i. And Allaah is the Source of strength. Al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’lIfta, 16/171 (www.islam-qa.com) 99


34655: If I am given a gift should I give something similar back to the giver? Question: One of the customs among the people in my village is to give gifts and money on special occasions, and the recipient of the gifts is expected to respond in kind when other people have special occasions too. What is the ruling if a special occasion arises and a person does not have anything; does he have to give them a gift?. Answer: Praise be to Allaah. It is mustahabb [preferable] for the one who is given a gift to respond by giving something similar or better, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does you a favour, then respond in kind, and if you cannot find anything to give him, then make du’aa’ for him (and keep doing so) until you think that you have done enough.” Narrated by Abu Dawood and al-Nasaa’i. But the people of the village should not oblige a poor person to give them gifts like those that they gave to him, rather what is prescribed in sharee’ah is for the Muslim to give a gift and not expect something back in return, rather he should hope for the reward from Allaah. Whoever is given something is not obliged to give something back to the giver, but if he does give him something, that is preferable. And Allaah is the Source of strength. Islam Q&A (www.islam-qa.com) 100


6964: Accepting money from kaafirs Question: My wife who is a christian inherited some money. Iam a muslim.I would like to know if I’m allowed to take any of that money and spend it since Iam not the one who inherited it and since it’s her money now and she is my wife. . Also if she leaves her assets for me in a will incase she passes away before me,would I be intitled to her assets ?. Answer: Praise be to Allaah. 1 – There is no reason why you should not take from the money that your wife has inherited, on condition that that should be with her consent. Allaah says (interpretation of the meaning): “but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allaah has made it lawful).” [al-Nisa’ 4:4] Al-Qurtubi (may Allaah have mercy on him) said: The phrase “but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm” is addressed to husbands, and indicates that it is permissible for a woman to give her mahr as a gift to her husband, whether she was a virgin or previously married. This is the opinion of the majority of fuqaha’… The scholars are agreed that if a woman who is in control 101


of her own affairs gives her mahr to her husband, that is a valid transaction and she cannot take it back. Tafseer al-Qurtubi, 5/24, 25 In general, if a kaafir gives something to a Muslim “of his own good pleasure”, there is nothing wrong with accepting it. The Prophet (peace and blessings of Allaah be upon him) ate with the Jews. (Narrated by al-Bukhaari, 2424; Muslim, 4060) The king of Aylah – a land on the seacoast – who was a kaafir, gave him a gift of a white mule and a cloak. (Narrated by al-Bukhaari, 1411; Muslim, 1392). The Negus paid the mahr of Umm Habeebah on his behalf, and he was a kaafir. It was narrated from Umm Habeebah that the Messenger of Allaah (peace and blessings of Allaah be upon him) proposed marriage to her when she was in the land of Ethiopia. The Negus married her to the Prophet (peace and blessings of Allaah be upon him), giving her on his behalf her a mahr of four thousand dirhams, and prepared her trousseau, and he sent her (to the Prophet (peace and blessings of Allaah be upon him)) with Shurahbeel ibn Hasanah. The Messenger of Allaah (peace and blessings of Allaah be upon him) did not send anything to her. The mahr of his wives was four hundred dirhams. (Narrated by al-Nasaa’i, 3350; Abu Dawood, 2086; alHaakim, 2/181. al-Haakim classed it as saheeh and alDhahabi agreed with him). And there are many other similar incidents. 2 – If she wills her possessions to you, and she was 102


following her own religion before she died, it is also permissible for you to take these possessions, because a will is different from inheritance. But if she did not make a will and died, then it is not permissible for you to inherit anything from her. The Prophet (peace and blessings of Allaah be upon him) said: “The Muslim does not inherit from a kaafir and the kaafir does not inherit from a Muslim.” (Narrated by al-Bukhaari, 6383; Muslim, 1614). Imam Ibn ‘Abd al-Barr (may Allaah have mercy on him) said: It is proven from the narrations of the trustworthy imaams that the Prophet (peace and blessings of Allaah be upon him) said, “The Muslim does not inherit from the kaafir.” So everyone who goes against that, this hadeeth is evidence against him. This is the view of all the Sahaabah, Taabi’een and fuqaha’ of various regions such as Maalik, al-Layth, al-Thawri, al-Awzaa’i, Abu Haneefah, alShaafa’i and all the scholars of hadeeth who spoke on matters of fiqh, that a Muslim should not inherit from a kaafir and a kaafir should not inherit from a Muslim, following this hadeeth. And Allaah is the Source of strength. Al-Tamheed, 9/164 And Allaah knows best. Islam Q&A (www.islam-qa.com) 22762: Teacher accepting a gift from the students Question: A teacher working in a Qur’aan memorization school which belongs to al-Jamaa’ah al-Khayriyyah li Tahfeez al-Qur’aan il-Kareem (Charitable organization for 103


memorization of the Qur’aan) does not receive any payment for her teaching. At the end of the school year, after the certificates have been given to the students, they may give her a gift of gold or something similar. What is the ruling on her accepting this gift? Refusing the gift would break her students’ hearts and upset them, especially since she has given gifts to them. Answer: Praise be to Allaah. If a student has completed her studies and will be leaving the school, there is no bribery in this case. But if the teacher-student relationship will continue, there is the fear that this gift may cause the teacher to be biased in favour of that student, so that she may overlook her mistakes and not be fair to her and the other students. Shaykh Ibn Jibreen (www.islam-qa.com) 22754: Ruling on taking the gifts given to bosses in companies and departments Question: I am an employee working in a government department. I do my work according to my conscience and I apply the laws, regulations and penalties to everyone. I do not compromise any of the rights of the institution for which I work, nor do I show favouritism, overstep the limits or show preference to any client over another. Everyone takes what is his right. Is it permissible for me to deal with these companies in my private life, knowing that when dealing with them 104


they will give me discounts and special prices that are different from the prices they give to others, but this is because of the personal relationship between me and them and has nothing to do with the nature of my work? Is there anything dubious in these dealings? Is it permissible or not? Is it permissible to accept promotional material from these companies and institutions which we deal with, whether it is valuable or not, noting that accepting these gifts has no effect on letting anyone off or turning a blind eye to any transgression of the rules, or showing lenience to anyone who goes against the regulations? What is the ruling on those in higher positions receiving valuable gifts from these companies, noting that they do not deal with them and there is no relationship between them, and neither party knows the other? Can these gifts be accepted with no shar’i reservations, noting that if this official leaves this position he will never receive such gifts and promotional material, because neither party knows the other? The new official is the one who will receive those gifts which are given to the person who holds that position, with no attention given to who he is. What is the ruling on people or individuals who do not deal with those companies but who get those gifts one way or another? Answer: Praise be to Allaah. There is nothing wrong with dealing with companies on a personal basis, with nothing to do with work, even if one is given discounts and treated with special care because of that personal relationship. Accepting gifts from clients is not permissible, rather it is haraam, as stated in the hadeeth. Gifts offered to an 105


official because of his work belong to the work and not to him; it is not permissible for him to keep anything for himself and he must leave them for his work, because if he were to sit in his house he would not have received any of those gifts. The evidence for this is the saheeh hadeeth narrated about a man who was given gifts when he was working to collect the zakaah, and the Prophet (peace and blessings of Allaah be upon him) denounced him for that. Shaykh ‘Abd al-Kareem al-Khudayr. (www.islamqa.com) 9810: Her father is asking her for some of her dowry Question: A girl is engaged to be married, and her father has asked her to give him some of the mahr (dowry). Should she give it to him? Answer: Praise be to Allaah. Yes, she may give her father some of the dowry, if he is in need, and giving it is better. If he is not in need, then it is o.k, if she gives him whatever she wants, because she is free and of sound mind, and she can dispose of it as she wishes. From the fatwas of Shaykh Muhammad Saalih al‘Uthaymeen, Majallat al-Daw’ah, issue no. 1823, p. 54. (www.islam-qa.com)

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12599: Should a doctor accept the invitations of the drug companies? Question: I am a Doctor.Can I receive gifts & dinner-offers by medical representatives.They offer these things so that we promote their drugs irrespective of price & quality Answer: Praise be to Allaah. If you are a doctor working on your own account (i.e., in a clinic of your own), then it is permissible for you to accept the invitations of these companies, on condition that you do not let that influence the kind of medicine you give to the sick. Rather you should prescribe the best medicine for the patient, paying attention to the price, or you should give him the freedom to choose. On this basis, your acceptance of the invitations extended by these companies should be to enable you to find out what kind of medicines etc. they have to offer. By the same token, if you are not working for yourself, if you accept these invitations simply to acquaint yourself with the company’s products, that is o.k., but if that will make you biased towards one company rather than another because of these invitations or because of gifts that they have given to you, then that is not right. If you are not working in your own clinic, and you have influence in the hospital where you work such that they will buy the kind of medicine that you advise them to buy, then it is better to avoid these invitations in order to be on the safe side. Shaykh Sa’d al-Humayd. (www.islam-qa.com)

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22169: Ruling on differentiating between children in giftgiving Question: Is it permissible for me to give something to one of my children and not to his brothers? What if that is done for a reason, such as his good attitude or his obeying his parents? Answer: Praise be to Allaah. The scholars are agreed that it is prescribed in Islam to treat children fairly when it comes to gift-giving; they should not single out one or some of them and not give to others. Ibn Qudaamah said in al-Mughni (5/666): “There is no dispute among the scholars that it is mustahabb to treat children equally and that it is makrooh to differentiate between them.” But there are differences of opinion concerning the ruling on differentiating between them. The strongest views in terms of evidence are two opinions – and Allaah knows best. These two opinions are: 1 – That it is absolutely haraam to differentiate between them. This is the well known view among the Hanbalis (see Kashshaaf al-Qinaa’, 4/310; al-Insaaf, 7/138). This is also the view of the Zaahiriyyah (i.e., it is the same whether the differentiation is done for a reason or for no reason). 2 – That it is haraam to differentiate between them unless that is for a legitimate shar’i reason. This was narrated from Ahmad (al-Insaaf, 7/139) and was the view favoured by Ibn Qudaamah (al-Mughni, 5/664) and Ibn Taymiyah 108


(Majmoo’ al-Fataawa, 31/295). The evidence quoted by both groups that say that it is haraam to differentiate between one’s children is the report narrated by al-Bukhaari (2586) and Muslim (1623) from al-Nu’maan ibn Basheer, who said that his father brought him to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: “I have given this son of mine a slave who used to belong to me.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said, “have you given a similar gift to all of your children?” He said, “No.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said, “Then take (your gift) back.” According to another version (al-Bukhaari, 2587; Muslim, 1623), al-Nu’maan ibn Basheer said: “My father gave me a gift of some of his wealth, but my mother, ‘Amrah bint Rawaahah, said, ‘I will not approve of it until you ask the Messenger of Allaah (peace and blessings of Allaah be upon him) to bear witness to it.’ So my father went to the Prophet (peace and blessings of Allaah be upon him) to ask him to bear witness to the gift. The Messenger of Allaah (peace and blessings of Allaah be upon him) said to him, ‘Have you done the same for all of your children?’ He said, ‘No.’ He said, ‘Fear Allaah and treat your children justly.’ So my father came back and took back that gift.” According to a version narrated by Muslim, the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “O Basheer, do you have any other children?” He said, “Yes.” He said, “Have you given all of them a similar gift?” He said, “No.” He said, “Then do not ask me to bear witness to this, for I do not bear witness to injustice.” The evidence in this hadeeth is clear: 1 – The Prophet commanded justice, and a command implies that it is obligatory. 109


2 – He explained that showing preference to one child or singling him out to the exclusion of the others is falsehood and injustice, in addition to his refusal to bear witness to it and his commanding him to take back his gift. All of that indicates that differentiating between one’s children is haraam. They also referred to the evidence of common sense: Ibn Hajar mentioned in Fath al-Baari (5/214): Among the evidence of those who say that it is obligatory to treat one’s children equally is the fact that this (differentiating between children) is the first step that may lead to something haraam, because cutting off family ties and disobeying one’s parents are two things which are haraam, so that which leads to them may also be haraam, and differentiating between one’s children is something that may lead to them. This is supported by something which was mentioned in a version narrated by Muslim (1623): “He [the Prophet (peace and blessings of Allaah be upon him)] said, ‘Ask someone else to bear witness to this.’ Then he said: ‘Would you like your children to all honour you equally?’ He said, ‘Of course.’ He said, ‘Then do not do this.’” Further evidence is the fact that preferring some of them to others generates enmity and hatred between them, and also between them and their parents, so that is not allowed (al-Mughni, 5/664); this meaning is similar to that mentioned above. Those who favoured the second opinion, that it is permissible to differentiate between one’s children when there is a need, a reason or an excuse, quoted as evidence the hadeeth narrated by Maalik in al-Muwatta’, with his isnaad from ‘Aa’ishah (may Allaah be pleased with her) 110


who said that Abu Bakr al-Siddeeq had given her as a gift twenty wisq of his wealth, but when he was on his deathbed he said, “By Allaah, O my daughter, there is no one whom I would like to see rich after I die more than you, and there is no one whom it hurts me to see poor after I die than you. I had given you twenty wisq, and if you have already gone and collected them, then they are yours, otherwise whatever I leave is to be divided among all my heirs, who are your two brothers and your two sisters, so divide it amongst yourselves according to the Book of Allaah…” Ibn Hajar said in al-Fath (5/215): its isnaad is saheeh. The evidence from this hadeeth, is as Ibn Qudaamah mentioned, “It may be that Abu Bakr gave it only to ‘Aa’ishah because she was in need and was unable to earn a living, even though she enjoyed a unique status as one of the Mothers of the Believers, and other virtues.” (Adapted from al-Mughni, 5/665) As justification for Abu Bakr’s action, al-Haafiz said in al-Fath (2/215): “ ‘Urwah said concerning the story of ‘Aa’ishah that her brothers and sisters had agreed to that.” (Kitaab al-‘Adl bayna al-Awlaad, p. 22 ff) Ibn al-Qayyim (may Allaah have mercy on him) said that it is haraam in absolute terms in Ighaathat al-Lahfaan, 1/ 540. He said: “If there were no clear saheeh Sunnah reports that disallowed that, then by analogy and based on the principles of sharee’ah and its concern for people’s interests and to protect them from evil, it would have to be haraam.” Shaykh Ibn Baaz (may Allaah have mercy on him) stated that it is absolutely forbidden to show preference to some of one’s children over others, and that it is obligatory to 111


treat them all equally, males and females alike, in accordance with their shares of inheritance, unless they give permission and are adults of sound mind. (alFataawa al-Jaami’ah li’l-Mar’ah al-Muslimah, 3/1115, 1116) Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: it is not permissible for a man to give some of his sons preferential treatment over others, but he may differentiate between males and females, giving the males double what he gives the females, because the Prophet (peace and blessings of Allaah be upon him) said: “Fear Allaah and treat your children fairly.” So if he gives one of his sons 100 dirhams, he has to give the other sons 100 dirhams each as well, and give the girls 50 dirhams each, or else take back the money that he gave to the first son. This that we have mentioned is to be applied in cases other than the spending which is obligatory; with regard to obligatory spending, he should give each one whatever he needs. So if it so happens that one of his sons needs to get married, and he gets him married and gives him the mahr because the son is not able to pay the mahr, then in this case he does not have to give all the other sons the same as he gave to the one who needed to get married, because getting one’s children married is part of spending on them. Here I want to draw attention to something that some people do out of ignorance, which is when a man has sons who have reached marriageable age, he gets them married, and he has other children who are still small, he makes a will saying that in the event of his death, they should be given money equal to that which was spent on the adult children. This is haraam and is not permissible because this will is a will that gives something to an heir, and willing something to an heir is haraam, because the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has given everyone his due, so there is no will for an heir.” (This version narrated by Abu Dawood, 3565; 112


al-Tirmidhi, 2/16 and others. The isnaad of this version was classed as hasan by al-Albaani, and the version “There is no will for an heir” was classed as saheeh in al-Irwa’, 6/87). So if he says, “I am leaving this money for them in my will because I got their brothers married for a similar amount,” we say that if these young children reach marriageable age before you die, then get them married for the same amount of money as you got their brothers married, but if they do not reach that age (before you die) then you do not have to get them married. Fataawa Islamiyyah, 3/30. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 10447: How to write a will Question: I checked in the Holy Quran in regards as how to make a will. It’s kind of complicated for me, that’s why I am hoping you can help me Insha Allah. Can you please advise on how to make an islamic will for a married woman. 1. Personal savings account. 2. Home & other realestate investment shared with spouse. Personal belongings such as jewelries etc..I have a husband, father,brothers, sisters, nephews and nieces.Can you specify for me how to distribute everything.Does everything needs to be distributed in shares or can I give some things to a favorite niece for example just because 113


I want to.would that be going against the quranic law? I look forward to your reply. Please try to reply to my email adress personally because I really need to know this. I know making a will is very important islamically and I want to do it correctly. Answer: Praise be to Allaah. There is a difference between a will and a gift. Property that is willingly given away whilst one is alive is considered to be a gift, which does not come under the same rulings as a will. But it should be noted that it is not permissible for a person to give a gift to some of his children and not others, or to prefer some of them over others in gift-giving. Rather they must be treated fairly, because of the hadeeth of al-Nu’maan ibn Basheer, who said that his father brought him to the Prophet (peace and blessings of Allaah be upon him), when he gave him a gift, to ask the Prophet (peace and blessings of Allaah be upon him) to bear witness to it. The Prophet (peace and blessings of Allaah be upon him) asked, “Have you given something similar to all your children?” He said, “No.” He said, “Then take it back.” Then he said: “Fear Allaah and treat your children fairly.” (Narrated by al-Bukhaari, al-Hibbah, 2398) With regard to the will, this is instructions on how (one’s property) is to be disposed of after one’s death, or how it is to be given away after one’s death. The evidence that this (writing a will) is prescribed in Islam is to be found in the Qur’aan and Sunnah, and the consensus of the scholars. Allaah says (interpretation of the meanings): 114


“It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqoon (the pious)”[al-Baqarah 2:180] “(The distribution in all cases is) after the payment of legacies he may have bequeathed or debts”[al-Nisa’ 4:11] The Prophet (peace and blessings of Allaah be upon him) said: “Allaah was being generous to you when He allowed you to give one-third of your wealth (in charity) when you die, to increase your good deeds.” (Narrated by Ibn Maajah, al-Wasaayaa, 2700; classed as hasan by al-Albaani in Saheeh Sunan Ibn Maajah, no. 2190) The scholars agreed that this is permissible. And it (writing a will) may be obligatory with regard to the dues of others where there is no proof, lest they be lost or neglected, because the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible for any Muslim who something to will to stay for two nights without having his last will and testament written and kept ready with him.” (Narrated by al-Bukhaari, alWasaayaa 2533). And it is mustahabb for a man to will that some of his wealth be used for charitable purposes, so that the reward for that may reach him after his death. So Allaah granted permission for a person to dispose of one third of his wealth for that purpose when death approaches. It is permitted to write a will concerning one third or less. Some of the scholars said it is preferable for it to be less than one-third, and the will does not apply to any of the heirs, because the Prophet (peace and blessings of Allaah 115


be upon him) said: “There is no will for the heirs.” (narrated by al-Tirmidhi, al-Wasaayaa, 2047; classed as saheeh by al-Albaani in Saheeh Sunan al-Tirmidhi, no. 1722). If the will is intended to harm the heirs or make things difficult for them, then that is haraam, because Allaah says (interpretation of the meaning): “so that no loss is caused (to anyone)”[al-Nisaa’ 4:12] The will comes into effect when the person dies. It is permissible for the person who writes the will to revoke it or cancel it or revoke part of it. Carrying out the will is an important matter which was confirmed by Allaah and mentioned before other things, and there is a stern warning issued to those who change it. With regard to the distribution of personal belongings, he does not have the right to state how they should be distributed after he dies, because the share of each heir has been defined by Allaah, and He has explained who inherits and who does not inherit. So it is not permitted for any person to transgress the limits set by Allaah, because Allaah has warned against doing that. Allaah says in Soorat al-Nisaa’ (interpretation of the meaning): “Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit; (these fixed shares) are

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ordained by Allaah. And Allaah is Ever AllKnower, AllWise. In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third, after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allaah; and Allaah is Ever All Knowing, MostForbearing. These are the limits (set by) Allaah (or ordainments as regards laws of inheritance), and whosoever obeys Allaah and His Messenger (Muhammad) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success. And whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment”[al-Nisaa’ 4:11-14] And Allaah knows best. For more information, see al-Mulakhkhas al-Fiqhi by Saalih al-Fawzaan, 2/172-182 There is no reason why you should not give your nephews and nieces whatever you want of your wealth whilst you are alive. As they are not your own children, you are not 117


obliged to give to them all equally. You can give gifts to those whom you love and to whomever you wish, or to whoever among them is in need according to his or her need. Try to give to those who are religiously committed in ways that will help them to obey Allaah. It is also permitted to bequeath to them one-third or less of your wealth so long as they are not your heirs. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 9329: Ruling on father taking back a gift that he had given to his son Question: Is it permissible for a father to ask to take back a gift that he had previously given to his son? Answer: Praise be to Allaah. That is permissible if it serves a valid interest and if the son is able to return it, because the Prophet (peace and blessings of Allaah be upon him) said: “It is not permissible for a Muslim man to give a gift and then take it back, except in the case of a gift given by a father to his son.” (Narrated by Imaam Ahmad, Abu Dawood, alTirmidhi, al-Nasaa’i and Ibn Maajah. Classed as saheeh by al-Tirmidhi, Ibn Hibbaan and al-Haakim). Majmoo’ Fataawa wa Maqaalaat Mutnawwi’ah li 118


Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 9, p. 300 (www.islam-qa.com) 11505: He wants to open accounts to save money for each of his children Question: I have some funds with me. I have four children and I want to save some money for each one of them and have tentatively planned the saved funds to be used towards their education /marriage. My idea is to open one bank account for each one of them and place equal or different amount in each account. From my side I intend to consider these amounts as their money (that is in their milkiyyah). Suppose I need some money later at any stage for day-today living of my family, I want to use it for this purpose. This is because of a hearsay (as I have no hadith to offer) that funds of children are funds of father. By the way, except one, my children have not attained adult age. I know I will have to pay Zakat on these amounts. My questions are:How to achieve what I have planned religiously? Is it allowed this way? Can I use the money as explained above. Answer: You can open bank accounts for each of your children, but on the condition that you treat them fairly, and do not prefer any of the males over the others, or any of the females over the others. So each male should have the 119


share of two females. This is an important matter which must be paid attention to. If you need any of this money, then you may take whatever you want, but you must make sure that you are fair so that the amounts left are fair, and that the males have twice the share of the females, and you do not show preference to one child over another. You must also pay attention to zakaah each time a year passes. Try to find a bank that does not deal in ribaa (if there is one) so that you will not be cooperating in disobeying Allaah. We ask Allaah to give you strength. Shaykh Sa’d al-Humayd (www.islam-qa.com) 8217: About showing preference to one child in gift-giving Question: In some cases, one child excels over the others in his honouring and love towards his parents, so his father may single him out for love and gift-giving because of that. Is it fair to reward the one who honours his parents most in return for his doing so? Answer: Undoubtedly some children are better than others; this is well known. But the father has no right to show favouritism because of that. On the contrary, he has to treat them all fairly because the Prophet (peace and blessings of Allaah be upon him) said: “Fear Allaah and treat your children equally.” So it is not permissible for him to prefer one child over another because he is better or honours his parents more. He has to treat them all equally and be sincere towards all of them, so that they will all be steadfast in honouring their parents and in 120


obeying Allaah and His Messenger. He should not favour some over others in gift-giving, or bequeath wealth to some of them and not others. All of them should be equal in inheritance and in gift-giving, according to what is prescribed in sharee’ah concerning inheritance and giftgiving. They should all be treated fairly as stated in sharee’ah, so the man has the equivalent of the share of two females. So if he gives one of his sons a thousand, a daughter should be given five hundred. If they are wise and tolerant, and they say, Give our brother such-andsuch, and they clearly do not mind, and they say, We don’t mind if you give him a car or whatever… and this is clearly done freely and not because they are too shy or are afraid of him, then that is OK. The point is that they must be treated fairly. But if they are wise, whether they are male or female, if they have no objection to one of them being given something for special reasons, then that is OK and they have the right to do that. Majmoo’ Fataawaa wa Maqaalaat Mutanawwi’ah li Samaahat al-Shaykh al-‘Allaamah ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 9, p. 234 (www.islam-qa.com) 10646: The difference between Waqf and Endowment/trust fund Question:

I WOULD LIKE TO KNOW WHAT IS WAQF AND THE DIFFERENCES BETWEEN ISLAMIC WAQF AND ENDOWMENT OR TRUST FUND USED IN THE 121


WEST. TO WHAT EXTENT CAN WAQF BENEFIT THE NON-MUSLIMS. FOR EXAMPLE CAN WE GIVE SCHOLARSHIPS USING WAQF FUND ON THEM? DO YOU THINK WAQF CAN BE PART OF ECONOMIC SYSTEM OR ALTERNATIVE TO HELP MUSLIM COUNTRIES FOR THEIR ECONOMIC GROWTH? IN YOUR EXPERT OPINION, WHAT ARE THE POTENTIAL PROBLEMS OR HURDLES THAT SHOULD BE CONSIDERED IN DEVELOPING WAQF? Answer: Praise be to Allaah. Waqf means freezing the capital or property, and not disposing of it by selling, giving or inheriting, or in any other way, so that any income or earnings are to be disposed of in the manner dictated by the person who initiated the waqf, for charitable purposes and the like. A gift or bequest means giving up possession of some wealth to someone who will benefit from it and who has full power of disposal over it. In the case of waqf, the best is to use it for charitable purposes. If it is used for the purpose of calling nonMuslims to Islam, if there is the hope that they will enter Islam and it is most likely that they will do so, there is nothing wrong with that, because if the obligatory zakaah money may be used to soften people’s hearts towards Islam, then it is more apt that the money derived from waqf should be used for this purpose. But it is better to use it in charitable projects, because the benefit from them is certain rather than merely hoped for. Waqf may be used to energize the Islamic economic 122


system, so that waqf funds may be disposed of in ways that are permitted by sharee’ah in order to promote the growth of the Islamic economic system. Any problems that may be expected with regard to waqf come from the heirs and relatives, and the way in which the profits should be distributed among the needy. ‘Abd al-Kareem al-Khudayr (www.islam-qa.com) 10830: Ruling on giving a gift to the one who performs the nikaah (marriage ceremony) Question: We hope that you can give us a fatwa on giving a gift to the one who performs the nikaah (marriage ceremony) on the day of the wedding. Is this permissible or not? Answer: Praise be to Allaah. If the one who performs the nikaah is given something from the Bayt al-maal (treasury of the Muslim state), then it is not permissible for him to take anything from those for whom he does the nikaah. But if he does this voluntarily, and he is given something without asking for it, there is nothing wrong with that. If he is given something because he asks for it, I do not like that. Whoever wants to be independent, Allaah will make him independent. From the fatwas of Shaykh Muhammad ibn Saalih ibn ‘Uthaymeen for al-Da’wah magazine, issue # 1756, p. 37 (www.islam-qa.com) 123


10430: Encouraging traders to give donations by advertising their businesses Question: Some centres for Qur’aan memorization write letters to some businessmen asking them to support the centre, and they say in their letter that they will put the name of the store on their papers and announce it as a kind of advertisement for them. Is that permissible? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: There is the risk that this may make worldly interests the motive for donating, so they should not mention this phrase (in the letter). Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 9633: Should a teacher accept gifts from students? Question: If a person gives a gift to his teacher (of Qur’aan) or to a person from whom he is learning, and if it were not for the fact that he is learning from him he would not have given him a gift, is it permissible for the teacher to accept that gift? 124


Answer: Praise be to Allaah. That is not haraam, but it is better not to take it. And Allaah knows best. Fataawa al-Imaam al-Nawawi, p. 152 (www.islamqa.com) 8375: Collecting donations to give gifts to poor families at Christmas Question: In my school it is Christmas time. My school has this Christmas tradition. Every year a classroom gets an adopted family that is poor so they can buy gifts, food, and donate money to them for Christmas. Unfortunately, I have refused to donate any money or give any food for the following reason: These denotations will be done in the name of christmas, so that when the adopted family receives these donations, they will say “God Bless The Christians”. Am I right for refusing to give donations? Answer: Praise be to Allaah. It seems that you are referring to the birth of the Messiah (peace be upon him), an occasion which the Christians venerate and have taken as a festival. The festivals of the Christians are part of their religion, and if the Muslims venerate the festivals of the kuffaar by expressing joy and 125


giving gifts, this means that they are imitating them. The Prophet (peace and blessings of Allaah be upon him) said, “Whoever imitates a people is one of them.” Muslims must beware of imitating the Christians in their festivals and of following the customs that belong only to them. You did well and you did the right thing when you did not agree to collect donations for poor families on the occasion of Christmas, so adhere to that and advise your brothers and explain to them that this action is not permissible, because we Muslims have no festivals apart from Eid al-Fitr and Eid al-Adhaa. Allaah has given us these two festivals and we have no need of the festivals of the kaafirs. Written by Shaykh ‘Abd al-Rahmaan ibn Barraak. If we Muslims want to give in charity, we can give to those who really deserve it, and we should not aim to do that specifically on the days of the kaafirs’ festivals. We should do that whenever there is a need, and make the most of good and great occasions such as the month of Ramadaan and the first ten days of Dhu’l-Hijjah, and other virtuous occasions when rewards are multiplied. We should also do that at times of hardship, as Allaah says (interpretation of the meaning): “But he has not attempted to pass on the path that is steep (i.e. the path which will lead to goodness and success). And what will make you know the path that is steep? (It is) freeing a neck (slave) Or giving food in a day of hunger (famine), To an orphan near of kin. Or to a Miskeen (poor) cleaving to dust (out of misery). Then he became one of those who believed (in the Islamic 126


Monotheism) and recommended one another to perseverance and patience, and (also) recommended one another to pity and compassion. They are those on the Right Hand (i.e. the dwellers of Paradise)” [al-Balad 90:11-18] May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 9014: Good deeds on behalf of others Question: Is it permissible to perform Tawaaf around the Sacred House (the Ka’bah) for a week, and give the reward for that to a living or a dead person? What are the deeds for which the reward may be given to another person according to Islam? Answer: Praise be to Allaah. It is not prescribed in Islam to give the rewards for any action to a living person, but with regard to the dead it is permissible within the guidelines set out in the reports (of the Sunnah). We shall look at this matter in detail below, in sha Allaah. 1. Giving the reward of one’s actions to the living. The basic principle concerning acts of worship is that this should not be done, unless there is evidence (daleel) from 127


the sharee’ah which allows doing so. There is nothing in the books of Sunnah or biographies (of the Salaf) to indicate that any one of the early generations (Salaf) of this ummah did any good deed and then gave the reward for that to any of the Muslims, or the Prophet or the Sahaabah. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked about giving the reward for reading Qur’aan and naafil prayers to one’s mother who could neither read nor write. He said: There is no evidence (daleel) in sharee’ah to indicate that one can give (the reward for) prayers and reading Qur’aan to another person, whether he is alive or dead. Acts of worship are an area in which there is no room for ijtihaad, and we should not do anything except that for which there is shar’i evidence. But it is prescribed for you to make du’aa’ for her and to give in charity on her behalf, and to do Hajj and ‘Umrah on her behalf, if she is old and cannot do Hajj and ‘Umrah. Fataawa al-Shaykh Ibn Baaz, 9/321. 2. With regard to giving the reward for good deeds to the dead: Islam permits doing this in the case of some deeds, so we should limit ourselves to that – it is not right to make an analogy between these and other deeds, because the basic principle concerning acts of worship is not to do anything unless there is evidence (daleel). Among the deeds whose rewards we are allowed to give to the dead, or by means of which the dead can benefit from the actions of the living, are the following: (i) Du’aa’ Allaah says (interpretation of the meaning): 128


“And those who came after them say: “Our Lord! Forgive us and our brethren who have preceded us in Faith…” [al-Hashr 59:10] It was reported that Abu Hurayrah (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) told us of the death of the Negus, the king of Ethiopia, on the day that he died, and said, ‘Pray for forgiveness for your brother.’” (Narrated by al-Bukhaari, 1236; Muslim, 951) It was narrated that ‘Uthmaan ibn ‘Affaan said: “When the Prophet (peace and blessings of Allaah be upon him) finished burying someone who had died, he would stand over him and say, ‘Pray for forgiveness for your brother, and ask that he may be made steadfast, for even now he is being questioned.’” (Narrated by Abu Dawood, 3221. An-Nawawi classed the isnaad of this hadeeth as jayyid in al-Majmoo’, 5/292). Ibn al-Qayyim (may Allaah have mercy on him) said: “The fact that the dead benefit from du’aa’s is indicated by the consensus of the ummah on offering du’aa’ for him during the janaazah (funeral) prayer, hence we know that du’aa’ benefits the deceased… This is supported by many ahaadeeth and is in fact is the whole point of praying for the deceased. The same applies to making du’aa’ for him after the burial, and making du’aa’ for them when visiting their graves.” (al-Rooh, 118, 119) (ii) Making up fasts that were obligatory upon the deceased because of vows, as expiation (kafaarah) and so on 129


It was reported from ‘Aa’ishah (may Allaah be pleased with her) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever dies and had any fasts outstanding, his heir should observe those fasts on his behalf.” (Narrated by al-Bukhaari, 1851; Muslim, 1147) It was reported from Ibn ‘Abbaas (may Allaah be pleased with them both) that a woman came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, ‘My mother has died and she one month’s fasting outstanding.’ He said, ‘Do you not think that if she was in debt, you would pay it off for her?’ She said, ‘Yes.’ He said, ‘The debt owed to Allaah is more deserving of being paid off.’” (Narrated by al-Bukhaari, 1817; Muslim, 1148) There is some scholarly difference of opinion on this matter. Some scholars say that no fasts should be observed on behalf of the dead apart from fasts related to vows, but the correct view is that all kinds of fasts should be observed on behalf of the dead. Al-Haafiz ibn Hajar said: The Salaf had differences of opinion concerning this matter: Fasting on behalf of the dead was permitted by the scholars of hadeeth. Al-Shaafa’i former view was that it was allowed depending on whether or not the hadeeth was saheeh, as was transmitted by al-Bayhaqi in al-Ma’rifah. This is also the view of Abu Thawr and a group of the Shaafa’i muhaddatheen. Al-Bayhaqi said in alKhilaafiyaat: “This is a proven matter. I do not know of any difference 130


of opinion among the scholars of hadeeth concerning its soundness, so we must act in accordance with this.” Then he quoted al-Shaafa’i, with an isnaad going back to him: “Concerning everything that I have said, if something different is reported from the Prophet (peace and blessings of Allaah be upon him) and is saheeh, then follow the hadeeth and do not follow me.” Al-Shaafa’i’s later view, and that of Maalik and Abu Haneefah was that fasts should not be observed on behalf of the dead. Al-Layth, Ahmad, Ishaaq and Abu ‘Ubayd said: no fasts should be observed on behalf of him (the deceased), apart from fasts related to vows, because the general meaning of the hadeeth of ‘Aa’ishah should be interpreted within the specific framework of the hadeeth narrated from Ibn ‘Abbaas. However, there is no contradiction between these two ahaadeeth that would necessitate reconciliation. The hadeeth of Ibn ‘Abbaas is an independent matter in which he asked about something which happened specifically to him, whereas the hadeeth of ‘Aa’ishah is a statement of the general principle. In the hadeeth of Ibn ‘Abbaas, this general principle is referred to at the end of the hadeeth, where it says, ‘The debt owed to Allaah is more deserving of being paid off.’ (Fath al-Baari, 4/193, 194) The Hanafis quote weak (da’eef) ahaadeeth as evidence to say that it is not permitted to fast on behalf of the dead. Al-Haafiz ibn Hajar refuted this in the source referred to above. Some of them quote as evidence the hadeeth: “When the son of Adam dies, his deeds come to an end apart from 131


three: sadaqah jaariyah (ongoing charity); beneficial knowledge; or a righteous son who will make du’aa’ for him.” (Saheeh Muslim, 1631). Imaam Ibn al-Qayyim refuted those who quote this hadeeth as evidence, and said: “When you use this hadeeth ‘When the son of Adam dies, his deeds come to an end’, you are misquoting it. The Prophet (peace and blessings of Allaah be upon him) did not say, ‘He no longer benefits at all’; what he said is that deeds of the individual come to an end. As far as the deeds of others are concerned, the (reward) is for the one who does them, and if he gives that to him, the reward of the one who did that reaches him, not the reward of his own deeds. What comes to an end is one thing, and what reaches him is something else. The same applies to another hadeeth, which is: ‘What reaches the deceased is his own hasanaat and deeds” – which does not rule out the fact that other things, the good deeds and hasanaat of others, may also reach him.” (al-Rooh, p. 129) (iii) Paying off debts It was reported that Salamah ibn al-Akwa’ (may Allaah be pleased with him) said: “We were sitting with the Prophet (peace and blessings of Allaah be upon him) when a funeral bier was brought to him and they said, ‘Pray over him.’ He said, ‘Does he have any debts?’ They said, ‘No.’ He said, ‘Has he left anything behind?’ They said, ‘No.’ So he prayed over him. Then another funeral bier was brought to him, and they said, ‘O Messenger of Allaah, pray for him.’ He said, ‘Does he have any debts?’ They said, ‘Yes.’ He said, ‘Has he left anything behind?’ They said, ‘Three dinars.’ So he prayed over him. Then a third funeral bier was brought, 132


and they said, ‘Pray for him.’ He said, ‘Has he left anything behind?’ They said, ‘No.’ He said, ‘Does he have any debts?’ They said, ‘Three dinars.’ He said, ‘Pray for your companion.’ Abu Qutaadah said, ‘Pray for him, O Messenger of Allaah, and I will take care of his debt.’ So he prayed over him.” (Narrated by al-Bukhaari, 2169) (iv) Fulfilling vows to do acts of worship It was reported from Ibn ‘Abbaas (may Allaah be pleased with them both) that a woman from Juhaynah came to the Prophet (peace and blessings of Allaah be upon him) and said: “My mother vowed to go for Hajj, but she did not go for Hajj before she died. Should I do Hajj on her behalf?” He said, “Yes, do Hajj on her behalf. Do you not think that if your mother was in debt you would pay it off for her? Pay off the debt that is owed to Allaah, for Allaah is more deserving that what is owed to Him should be paid off.” (Narrated by al-Bukhaari, 1754) (v) Performing Hajj on his behalf It was narrated from Ibn ‘Abbaas that the Messenger of Allaah (peace and blessings of Allaah be upon him) heard a man saying “Labbayka ‘an Shubrumah (At your service, O Allaah, on behalf of Shubrumah).” The Messenger of Allaah (peace and blessings of Allaah be upon him) said, “Who is Shubrumah?” He said, “A relative of mine.” The Prophet (peace and blessings of Allaah be upon him) said, “Have you ever done Hajj before?” He said, “No.” he said, “Do this Hajj for yourself, then do Hajj on behalf of Shubrumah.” (Narrated by Abu Dawood, 1811; Ibn Maajah, 2903 – this version was narrated by him. The hadeeth was classed 133


as saheeh by Shaykh al-Albaani in Irwaa’ al-Ghaleel, 4/ 171). (vi) Righteous deeds done by the children of the deceased Shaykh al-Albaani (may Allaah have mercy on him) said: “Whatever righteous deeds the righteous son does, his parents will have a reward like his, without it detracting from his reward in the slightest, because their child is part of their striving and earning. Allaah says (interpretation of the meaning): ‘And that man can have nothing but what he does (good or bad)’ [al-Najm 53:39]. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘The best that a man can benefit from is that which he earns, and his son is also part of his earnings.’ (Narrated by Abu Dawood, 2/108; al-Nasaa’i, 2/211. Narrated and classed as hasan by al-Tirmidhi, 2/ 287. There is a corroborating report in the hadeeth of ‘Abd-Allaah ibn ‘Amr, which was narrated by Abu Dawood, Ibn Maajah and Ahmad (2/179, 204, 214) with a hasan isnaad).” (Ahkaam al-Janaa’iz, p. 216, 217) With regard to giving charity and reading Qur’aan: the correct view is that nothing from these actions reaches the deceased, because there is no evidence (daleel) to that effect. The basic principle is that this should not be done. Some scholars mentioned that there was consensus (ijmaa’) to the effect that the reward for charity on behalf of the deceased reaches him, but the correct view is that there is in fact a difference of opinion among the scholars concerning this matter. (a) Imaam Ibn Katheer said: “‘And that man can have nothing but what he does (good or bad)’ [al-Najm 53:39 – interpretation of the meaning]. 134


This means, just as he cannot bear the burden (of sin) of another person, so too the reward for the things he has done can only go to himself. From this aayah al-Shaafa’i (may Allaah have mercy on him) and those who followed him understood that the reward for reading Qur’aan cannot be given to the dead, because it is not something that they have done and earned. Hence the Messenger of Allaah (peace and blessings of Allaah be upon him) did not recommend or encourage his ummah to do this, and did not command or hint to them to do this. Nothing to this effect has been transmitted from any of the Sahaabah (may Allaah be pleased with them). If it was a good thing, they would have done it before us. Acts of worship are restricted to things that are indicated in the texts (Qur’aan and Sunnah), and there is no room for analogy (qiyaas) or personal opinions.” (Tafseer Ibn Katheer, 4/259) (b) Al-Shawkaani said: “The ahaadeeth on this topic indicate that charity given by a son reaches his parents after they die without their making a will to that effect, and the reward for that reaches them. These ahaadeeth should be taken as excluding the child from the general meaning of the aayah (interpretation of the meaning): ‘And that man can have nothing but what he does (good or bad)’ [al-Najm 53:39]. But these ahaadeeth speak only of the charity of the son reaching the parents. It was reported that a man’s son is part of what he does (or his earnings), so there is no need to suggest that the ahaadeeth are stating an exception from the general meaning of the aayah. As far as anybody apart from a man’s son is concerned, what is apparent from the general meanings of the Qur’aan is that his reward does not reach the deceased, so we should accept this and not pursue the matter any further, unless we find evidence (daleel) to the contrary.” (Nayl al-Awtaar, 4/142) 135


(c) Shaykh al-Islam [Ibn Taymiyah] (may Allaah have mercy on him) said: It was not the custom of the Salaf, when they observed voluntary prayers or fasts, or did a voluntary Hajj, or read Qur’aan, to give the reward for that to the deceased Muslims. So we should not deviate from the path of the Salaf, for it is better and more perfect. (al-Ikhtiyaaraat al-‘Ilmiyyah, p. 54). Shaykh al-Islam (may Allaah have mercy on him) had a different opinion to those quoted above. Ibn al-Qayyim agreed with him, and Shaykh Muhammad Rasheed Ridaa refuted their view in Tafseer al-Manaar (8/254-270). From the Fatwas of the Standing Committee: Fatwa #2232 – Question #3: Q#3: Does the reward for reading Qur’aan and other acts of worship reach the deceased, whether they are done by the son of the deceased or by others? As far as we know, there is no report from the Prophet (peace and blessings of Allaah be upon him) to indicate that he read Qur’aan and gave the reward for that to the dead, whether they were his relatives or others. If the reward could reach them, he would have been keen to do that and would have taught it to his ummah so that they could help the dead thereby, for he (peace and blessings of Allaah be upon him) was filled with compassion and mercy towards his ummah. His successors, the Khulafaa’ al-Raashideen, and the rest of his companions, followed his guidance (may Allaah be pleased with them all), and we do not know of any of them giving the reward for reading Qur’aan to someone else. The best of all goodness resides in following the guidance of the Prophet (peace and blessings of Allaah be upon him) and of the Khulafaa’ 136


al-Raashideen and the rest of the Sahaabah (may Allaah be pleased with them), and evil resides in following bid’ah and innovated matters. The Prophet (peace and blessings of Allaah be upon him) warned us about that when he said, “Beware of newly-invented matters, for every newlyinvented matter is a bid’ah (innovation), and every bid’ah is a going astray” and, “Whoever innovates something in this matter of ours (i.e., Islam) that is not a part of it, will have it rejected.” So on this basis, it is not permissible to read Qur’aan for the dead or to give the reward for this reading to them. Doing that is bid’ah. With regard to other kinds of acts of worship, wherever there is saheeh evidence to indicate that the reward for them reaches the deceased, then we should accept this, such as giving charity on their behalf, making du’aa’ for them and doing Hajj on their behalf. Anything for which there is no evidence (daleel) is not prescribed until evidence is established for it. On this basis, according to the more sound of the two scholarly opinions, it is not permissible to read Qur’aan for the dead, and the reward for this reading does not reach them. On the contrary, this is bid’ah. And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace. Standing Committee for Academic Research and Issuing Fatwaas. I say: we have spoken above about giving charity. The ahaadeeth quoted not include all people, they refer only to the children of the deceased. With regard to the Tawaaf referred to in the question, it is not prescribed to do a voluntary Tawaaf and give the 137


reward to the dead, because no evidence (daleel) to that effect has been narrated. But if it is Tawaaf of ‘Umrah or Hajj, then it is included in those ahaadeeth and is permitted. Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked: Sometimes I do Tawaaf for one of my relatives or parents or grandparents who have died. What is the ruling on that? Also, what is the ruling on completing the Qur’aan for them? May Allaah reward you with good. He replied: It is better not to do that, because there is no evidence (daleel) to that effect… With regard to praying (salaah) on their behalf, doing Tawaaf on their behalf and reading Qur’aan for them, it is better not to do that, because there is no evidence (daleel) to that effect. Some scholars have permitted that, by analogy with charity and du’aa’, but to be on the safe side, it is better not to do that. And Allaah is the source of strength. Fataawa Ibn Baaz, 8/344, 345). And Allaah knows best. Fataawa Ibn Baaz, 8/344, 345 (www.islam-qa.com) 5238: Exchange of gifts among principal and teachers Question: Then what about gifts that the teachers give to the 138


principal, for example when she recovers from illness or after she gives birth, if it is known that the principal also gives the teachers gifts on similar occasions? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied as follows: If this is a two-way exchange of gifts, then there is nothing wrong with it. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 5229: Students giving gifts to teachers Question: Some of the students give gifts to their teachers on special occasions. Some of them are her current students, but some are students who she is not teaching now but may teach in the coming years. Others are students that she can never teach because they have already graduated. What is the ruling on these cases? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih 139


al-‘Uthaymeen, may Allaah preserve him, who replied as follows: There is nothing wrong with the third case, but the other two are not permissible, even if it is a gift for her giving birth etc, because this gift could be seen as an attempt to soften the teacher’s heart (i.e., a bribe). Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 6357: Concealing sources of income when receiving government assistance Question: I am getting income support benefit from government, is it haram if do not tell them that i am getting an other source of money? Answer: Praise be to Allaah. If it is a condition of their giving you assistance that they should be told of other sources of income or how much you are getting, then it is not permissible for you to hide that from them. Similarly, if it is known that they only help those who are in need and you are not in need, then it is not permissible to take this assistance. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 140


2320: Ruling on blood transfusion Question: What is the ruling of sharia on blood transfusion. Answer: Praise be to Allaah. Shaykh Muhammad ibn Ibraaheem Aal al-Shaykh (may Allaah have mercy on him) answered this particular question as follows: In order to answer this question, we need to discuss three matters: 1. Who is the person who is to receive the blood transfusion? 2. Who is the person from whom the blood is to be taken? 3. Who is the person whom we can trust to decide whether a blood transfusion is needed? With regard to the first question, the person who is to receive the blood transfusion is a person whose life is in danger due to sickness or injury, and whose life depends on his receiving a blood transfusion. The principle in this matter is based on the following aayaat of the Qur’aan (interpretation of the meanings): “He has forbidden you only the maytatah (dead animals), and blood, and the flesh of swine, and that which is slaughtered as a sacrifice for others than Allaah. But if one is forced by necessity without willful disobedience

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nor transgressing the limits, then there is no sin on him…” [al-Baqarah 2:173] “… But as for him who is forced by severe hunger, with no inclination to sin (such can eat these above-mentioned meats), then surely, Allaah is Oft-Forgiving, Most Merciful.” [al-Maa’idah 5:3] “… He has explained to you in detail what is forbidden to you, except under compulsion of necessity…” [alAn’aam 6:119] The evidence derived from these aayaat tells us that if the recovery of the sick or injured person depends on a blood transfusion which he needs to save his life, and that there is no other medicine or food that can do the same thing, then it is permissible for him to receive a blood transfusion. In fact, this comes under the heading of nourishment, not medicine (using forbidden foodstuffs in cases of necessity is permissible, as in the case of a starving man eating dead meat). With regard to the second point, the one from whom blood is taken, this should not result in any serious harm, because the Prophet (peace and blessings of Allaah be upon him) said: “There should be no causing harm or reciprocating harm.” As regards the third point, which is the matter of whose opinion should be relied upon to decide whether a blood transfusion is needed, this should be a Muslim doctor. If that is not possible, we see nothing wrong with taking the word of a non-Muslim doctor, whether he is Jewish or Christian (or any other religion), so long as he is experienced in medicine and is trustworthy. The principle here is the saheeh hadeeth which describes how the Prophet (peace and blessings of Allaah be upon him) hired a man of Bani Deel as a skilled and experienced guide, 142


although he was a follower of the pagan religion of Quraysh. (Reported by al-Bukhaari, 2104.) (Fataawa alShaykh Muhammad ibn Ibraaheem). Concerning this matter, the Hay’at Kibaar al-‘Ulamaa’ (Council of Senior Scholars) stated the following: 1. It is permissible to donate blood, so long as this does not cause him any harm, when there is a need for it to help other Muslims. 2. It is permissible to establish Islamic blood banks to receive and store donated blood, to be kept for any Muslim who may be in need of it, so long as no money is charged to the sick person or the people in charge of his affairs in return for this service. A blood bank should not be set up as a commercial enterprise or a means of making money, because it is in the public interest of the Muslims. (Reference: Al-Idtirar ila’l-at’imah wa’l-adwiyah almuharramah by al-Turayqi, p. 169) ) (www.islam-qa.com) 4272: He found out that a gift was stolen goods Question: My uncle gave me a laptop computer as a gift. Later I found out that the laptop was stolen and that my uncle bought it off the street. I was wondering if I’am allowed to keep the laptop since it was a gift from my uncle. P.S. I found the original owner’s address in the computer. jazaakum Allahu khirun Answer: Praise be to Allaah. 143


It is not permissible for you to keep it; you must return it to the original owner. This is a trust which is in your hands, and you must return it as soon as possible. Your uncle should ask the person who sold it to him for his money back, because he sold something that was not his to sell. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 6148: Cash back awards for users of credit cards Question: In reference to Question 3402: Some Credit Card companies give you bonus or cash back award on the usage of the credit card, is the cash back award ‘halaal’ or is it ‘riba’? Also, if one buys fix Certificates — the capital is used by the government in business and projects — and get a fixed profit of a certain percent, e.g., let say 6%, then is this profit comes under the category of ‘Riba’? Please explain these two questions in the light of Qur’an and Sunnah. Jazaak-Allaah-Khair! Answer: Praise be to Allaah. Firstly: dealing with interest-based banks is not permissible except in cases of necessity, because it is a kind of cooperation in sin and transgression. Their giving 144


awards to encourage people to deal with them is a kind of encouraging people to do haraam things and comes under the rulings on such things. Allaah says (interpretation of the meaning): “… Help you one another in Al-Birr and Al-Taqwa (virtue, righteousness and piety), but do not help one another in sin and transgression” [al-Maa’idah 5:2] Secondly: guaranteed profits are not permissible, because the basic principle in sharee’ah is that .... and that one accepts that if there is the chance of making a profit, there is also the chance of losing. If the government borrows money from the people and gives them a fixed profit, these are interest-based bonds which are forbidden, and it is not permissible to deal with them at all. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 958: Donating Blood to Non-Muslims Question: What is the Islamic ruling on blood donation? Specifically, I am referring to donating blood in America and knowing it will probably go to non-Muslims. Answer: Praise be to Allah. It is permissible for a Muslim to donate blood to a non145


Muslim, except when that non-Muslim is known to be in a position of fighting the Muslims (either by belonging to a state which is in a state of war with Muslims or by supporting aggression towards them). In such a case it is not permissible to donate blood, because this will help them to fight Muslims. If the Muslim has no way of knowing to whom his blood will go, he should act according to what he thinks is most likely to happen. If he thinks that it is most likely to go to a kaafir who is not fighting the Muslims, it is permitted to donate, otherwise it is not. See Fataawaa Islaamiyyah, jama‘ al-Musnad, 4/415 (www.islam-qa.com) 239: Donating blood to Blood Bank Question: Assalamu alikem Is it perimissible to donate blood to Blood Bank in the USA since most of the usage will be for non muslim?Also is it perimissible to recieve blood from Blood Bank knowing that it is mostly from nonmuslim?Sheikh, I read your book. Jazak allah khir. We here love you in Allah. May allah reward you. Salam Answer: wa ‘alaikum us-salaamu wa-rahmat ullaahi wa-barakaatuh al-hamdu lillah It is permissible to receive blood from the Blood Bank even if the donor was a kaafir. Likewise, it is also permissible to donate blood to non-Muslims as long as 146


they are not fighters of Islam. A fighter of Islam would be defined as one who fights Muslims with weapons or finances such fighting with his wealth, or helps such fighting. If one is not able to know for sure, then it suffices to act according to ghalabat ul-zann (one’s best estimate or what is most likely and probable). ahabbak allaah ul-ladhi ahbabtani fih. (May Allaah love you as you have loved me for His sake.) Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)

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Chapter 5 Transactions Inheritance and distribution of the estate 47032: Question about wills and inheritance Question: Question on inheritance. I have one wife, two sons (1 is 6 years old & the other is 3 years old), mother, un-married sister (28 years old), grand-mother (mother’s mother). We have been brought up & supported by our grand-father (mother’s father who is no longer living) every since our separation from our father 23 years ago. After my grandfather’s death 14 years ago, I am & have been the only financial supporter for my family. I have a father who is separated from us & has not had any contact with us for the last 23 years & is married to another woman. He has not not supported us financially either ever since the separation 23 years ago. I have one house part of which was gifted to me by my mother & part of which I invested my money in. Now is the house in in my name & consititues 80% of my wealth. Rest of my modest wealth is in cash & shares. How should I write my last will according to Islamic law ?. Answer: Praise be to Allaah. Firstly: It is not necessary to write a will with regard to the division of a person’s estate during his lifetime, 148


because one of the conditions of inheritance is that the death of the testator be established. Once his death has been established, his estate is divided as prescribed in sharee’ah among his living heirs. That is because the share of each heir is defined according to sharee’ah, as Allaah says (interpretation of the meaning): “There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large — a legal share”[al-Nisa’ 4:7] It is better not to divide the estate too early (i.e., before death) unless the testator fears some kind of corruption or dispute among the heirs, or that the shar’i ruling will not be applied to his estate because he lives in a country that follows man-made laws and not sharee’ah. In that case he can write that in his will. Secondly: If we assume that your possessions will be divided only among the people mentioned in the question – two sons, a wife, a mother, a maternal grandmother, a sister and a father (you mentioned that your father is alive and that he left you, and did not do his duty of spending on you etc, but he will inherit from you and you from him) – then the division of the estate would be as follows: The wife gets one-eighth, and the father and mother each get one-sixth. The two sons takes the rest of the estate, shared equally between them. It is not permissible for you to bequeath anything to any of these people in addition to his or her legal share, because the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has given each person who is entitled his rightful share, so there is no bequest to an heir.” Narrated by al-Tirmidhi, 2046; classed as saheeh by alAlbaani. 149


With regard to the sister, she is prevented from inheriting by the presence of the two sons and the father, so she does not inherit. The maternal grandmother is prevented from inheriting by the presence of the mother. It is permissible for you to bequeath part of the estate to them (the sister and grandmother), so long as it is no more than one-third of the total. Thirdly: You mentioned in your question that your mother gave you part of the house as a gift but you do not mention whether she gave your sister any part of it. If she did not give her any part of it then she has failed to be just in giving to her children. It is not permissible for a person to give something to some of his children and not others, or to favour some of them over others in gift-giving. Rather it is obligatory to be fair in giving, because of the hadeeth of al-Nu’maan ibn Basheer who said that his father brought him to the Prophet (peace and blessings of Allaah be upon him) when he gave him a gift, to ask the Prophet (peace and blessings of Allaah be upon him) to bear witness to that. The Prophet (peace and blessings of Allaah be upon him) said: “Have you given something similar to all your children?” He said: “No.” He said: “Take it back.” Then he said: “Fear Allaah and treat your children equally.” Narrated by al-Bukhaari, 2398. Treating children equally means giving a son the equivalent of the share of two daughters, because this is how Allaah has divided the inheritance, and there is nothing fairer than the division allocated by Allaah. Based on this, you should either give your sister one-third of that which your mother gave you, or return the gift to your mother, unless your sister willingly foregoes her 150


rights, in which case there is nothing wrong with it. And Allaah knows best. Islam Q&A (www.islam-qa.com) 47057: Division of parents’ estate between sons and daughters. Question: Parental property is to be divide between 4 brother & one sister . What be the share of each one as shariat. Answer: Praise be to Allaah. If one parent has died, or both parents, and they have no heirs except four sons and one daughter, then the estate should be divided on the basis that each male takes the share of two females, i.e. the daughter will have one share and each of the sons will have two shares. So the estate should be divided into nine parts, of which the daughter will have one share and the eight remaining shares will be given to the four sons, each of them taking two shares. This should be done after taking out the expenses of preparing and shrouding the deceased, and paying off any dues he owed to Allaah or debts he owed to other people, and after fulfilling his bequests if he left any such instructions before he died. The evidence for that is the verse in which Allaah says (interpretation of the meaning): “Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; ... (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts” [al-Nisa’ 4:11] 151


For example, if we assume that after shrouding the deceased, paying off his debts and fulfilling his bequests, the amount he left is 9000 for example, then the daughter will have 1000 and each of the males will have twice that, namely 2000. But if there are other heirs as well as the children, such as the father of the deceased, or his mother or grandfather or grandmother, then each of them must be given their share, and the rest divided among the sons and daughter in the manner mentioned above. Note: If one spouse died before the other, then the living spouse inherits from the deceased. In the case asked about here, the share of the husband if his wife dies before him is one-quarter. The wife’s share if her husband dies before her is one-eighth. For the children who are left, the estate should be divided giving each male the share of two females, as mentioned above, after the surviving spouse has taken his or her share. Islam Q&A (www.islam-qa.com) 39795: She betrayed her husband and put a spell on him, and he turned against his family Question: My son married a bad woman who put a spell on him, as a result of which he turned against his whole family, and he would not refuse any demand she made, no matter what it was. The Society for Enjoining the Good caught her with her lover, and it was proven that she had committed this crime. 152


Yet despite that my son refused to divorce her and he always defends her. We entered her house and found some weird things. We found a shoe placed on top of the Book of Allaah on top of the wardrobe (we seek refuge with Allaah), and we found other things. She has female servants from a land where they are known for witchcraft. This made us certain that she had bewitched my son, so we went to one of the shaykhs to recite Qur’aan over him, and the signs of having been bewitched were found on him. Now he is refusing any treatment and he does not believe us when we tell him that he has been bewitched. What should we do? Should we go to a practitioner of witchcraft to undo the spell? His father has died and he is now demanding that we give him his share of his father’s estate. Should we give him the money when he is bewitched and will waste the money? This woman took all his money and spent it on witchcraft and trickery. And he has children who are in need of this money. Answer: Praise be to Allaah. Firstly: No doubt what has happened to your son is a trial for you, and we ask Allaah to grant you patience and make you steadfast in adhering to His religion; and we ask Him to heal your son. It is obvious that he has fallen prey to the effects of witchcraft so you should not blame him for the way in which he treats you. No rational person would 153


be content to learn of any of the things that his wife has done and remain silent about them. But it seems that the witchcraft has affected him greatly, to such as extent that he agrees with her and has turned against you. In the answer to question no. 11290 we have already explained that it is haraam to treat witchcraft by means of witchcraft. In that answer and in the answer to question no. 12918 we have explained the shar’i method of treating witchcraft. You can treat your son by reciting Qur’aan over water and giving it to him to drink without his knowledge. And you have to constantly make du’aa’ whilst using this remedy, that Allaah may relieve him of this distress and harm. Secondly: Whether your son should be given his share of the inheritance depends on whether he will dispose of the money properly. If the money will fall into his hands or his wife’s hands and they will never dispose of it properly, then it is not permissible for you to let him have the money; you should keep it with you and spend on him and his children from it. This is a trust which has been given to you, and you should not be careless about it. Allaah says (interpretation of the meaning): “And give not unto the foolish your property which Allaah has made a means of support for you, but feed and clothe them therewith, and speak to them words of kindness and justice. 6. And try orphans (as regards their intelligence) until they reach the age of marriage; if then you find sound judgement in them, release their property to them, but consume it not wastefully and hastily fearing that they 154


should grow up, and whoever (amongst guardians) is rich, he should take no wages, but if he is poor, let him have for himself what is just and reasonable (according to his labour). And when you release their property to them, take witness in their presence; and Allaah is AllSufficient in taking account” [al-Nisa’ 4:5, 6] Shaykh ‘Abd al-Rahmaan al-Sa’di said: Sufaha’ [translated here as “the foolish”] is the plural of safeeh, which refers to one who is unable to dispose of money properly, either because he has no powers of reasoning, such as one who is insane or feeble-minded, etc, or because he is lacking in wisdom, such as a child and one who is immature. Allaah has forbidden guardians to give such people their wealth, for fear that they will destroy it and waste it, and because Allaah has made wealth means of support for His slaves, in their religious and worldly interests. These people will not look after it properly and guard it, so Allaah has commanded their guardians not to give it to them, rather they should provide for them from it, clothing them and spending on them from it, and taking care of their religious and worldly needs. And they should speak to them words of kindness and justice, by promising them, when they ask for it, that they will give it to them after they become mature and so on. They should speak to them kindly to soften their hearts. The fact that Allaah gives control of the wealth to the guardians indicates that they are obliged to take care of the wealth of the foolish just as well as they would take care of their own wealth, guarding it, disposing of it properly and not exposing it to danger. This verse indicates that the cost of spending on the insane, the young and the foolish should come from their own wealth, if they have wealth, because Allaah says 155


(interpretation of the meaning): “but feed and clothe them therewith” (v. 5). Tafseer al-Sa’di. This matter should be referred to the shar’i court and proof should be established that this son cannot handle his money properly, so that the court will prevent him from accessing it and will appoint a guardian to look after his money. And Allaah knows best. Islam Q&A (www.islam-qa.com) 45018: Should he accept his father’s money that was earned from haraam sources? Question:

I hope you can advise me about this matter. I am a young man, twenty-one years old. I am studying in business college and my father works in tourism (in the private sector, in one of the resort cities). He is an electrical engineer and works in the village as the director of the engineering department, which means that he is responsible for everything that has to do with electricity, staring with light fixtures and ending with water pumps, and including refrigerators for storing wine, lights for dance halls, televisions, etc. He receives a high salary for this work, four thousand Egyptian pounds. As well as studying, I was also working in a restaurant – just because I liked the work, not because I needed to. When I wanted to become independent and start a small business of my own, I could not find anyone except my father from whom to take the money I needed. But I was 156


not sure as to whether my father’s money is halaal or haraam, so I consulted one of the shaykhs who are known to be of Ahl al-Sunnah, and he told me that as his money is mixed, it is not permissible for me to take anything of it except for essential things such as food, drink, clothing and tuition fees. As for what I need as capital to start my own business, it is permissible to take it from him as a loan. But now my father wants to help me as a father, and work alongside me in the store. Sometimes I would leave the store to him and go and take care of the store’s needs and my own needs. In this way my father started to learn about my work and was able to run the store by himself. This is where the first problem arises … I used to keep precise records of what I took from my father, but since he joined me in the store, things have become mixed up. My father sometimes takes money from his own pocket and puts it in the till, or buys goods for the store from his own pocket. This can be kept track of with a great deal of effort, but what I cannot keep track of is the fact that he may buy food for the house, then he finds that the store needs it, so he brings some of what he bought for the house and puts it in the store, without my knowledge and without consulting me, and without telling me how much it cost so I can repay him. The second problem is that he is not happy with the idea of my returning the money to him, he regards it as my money and my brothers’ money, and he is working and bringing this money for us, so he will never accept the money being returned to him. The third problem is that he is not convinced that his money is haraam – if it is haraam. He thinks that it is the kind of “necessity which means that forbidden things are permitted” and his government job pays only 400 Egyptian pounds – not the difference. We are a family of five, two of whom are studying in university. He thinks that the 157


wealth of the state is all haraam because the state deals with riba-based loans and imposes taxes and allows trade in alcohol, so everyone who works has some haraam element in his income. My question now is: 1- What is the ruling on my father’s wealth? Does the principle of “necessity which means that forbidden things are permitted” apply here? If that is the case, is it permissible for us to make use of his haraam earnings because he is looking after us? 2- How can I work out how much money my father has contributed to my business, when he himself does not know how much it is? 3- How can I return this money to him – if I have to return it – if he refuses to take it? Is it permissible for me to insist and to pay back the debts I owe to the people to whom it is owed? 4- What is permissible to me of my father’s wealth? If he dies, is it permissible for me to inherit his wealth?. Answer: Praise be to Allaah. Undoubtedly working in the tourist industry as it exists at present, especially in your country, involves a lot of things that go against sharee’ah, such as mixing, tabarruj (wanton display of women), alcohol and other haraam things. As this is the case, part of your father’s wealth is haraam. This is what the scholars call mixed wealth. The scholars have stated that if a person has mixed wealth that includes both halaal and haraam, it is permissible to eat from his wealth and it is permissible to deal with him in all ways, but it is better to be cautious. 158


With regard to your father claiming that this is a necessity, that is not correct, because there are many means of earning a halaal living. Allaah says (interpretation of the meaning): “And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty). 3. And He will provide him from (sources) he never could imagine” [al-Talaaq 65:2-3] If a person makes this claim, then soon he will claim that he can do all kinds of haraam things because of necessity. You should understand that there are severe consequences to consuming haraam wealth, even if that is only that one’s du’aa’s are not answered, as it says in Saheeh Muslim, that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah is Good and only accepts that which is good…” and he mentioned a man who has been traveling for a long time and is unkempt and covered with dust, and he raises his hands to the heavens (and says), “O Lord, O Lord,” when his food is haraam, his drink is haraam, his clothes are haraam, and he is nourished with haraam, so how can he receive any response? Narrated by Muslim, no. 1015. The wealth that your father has acquired through the haraam job is described by the scholars as wealth that is haraam because of the way in which it was acquired, i.e., he earned it in a haraam manner. Some scholars are of the view that this wealth is haraam only for the one who earns it, but for the one who takes it from him in a permissible way, it is not haraam for him, such as if your father gives you a gift or spends on you and so on. 159


Shaykh Ibn ‘Uthaymeen said: Some of the scholars said that in the case of wealth that is haraam because of the way in which it was acquired, the sin is only on the one who earned it, not on the one who takes it in a permissible way from the one who acquired it. This is unlike wealth that is haraam in and of itself, such as alcohol, wealth seized by force, and so on. This view has a strong basis, because the Messenger (peace and blessings of Allaah be upon him) bought food from the Jews for his family, and he ate from the lamb that the Jewish women gave him in Khaybar, and he accepted the invitation of a Jew, even though it is well known that most of the Jews consume riba and haraam wealth. Perhaps this view is further supported by the words of the Prophet (peace and blessings of Allaah be upon him) concerning the meat that was given in charity to Bareerah: “It is charity for her and a gift from her to us.” Al-Qawl al-Mufeed ‘ala Kitaab al-Tawheed, 3/112. Shaykh Ibn ‘Uthaymeen said: With regard to that which is haraam because of the way in which it is acquired, such as that which is taken by means of deceit, or by means of riba, or by means of lying and so on, this is haraam for the one who acquires it, but it is not haraam for anyone else if he acquires it from him in a permissible manner. This is indicated by the fact that the Prophet (peace and blessings of Allaah be upon him) used to deal with the Jews even though they used to consume haraam wealth and riba. This indicates that it is not haraam for anyone other than the one who acquired it. Tafseer Soorat al-Baqarah, 1/198. Based on this, then you can inherit from your father and you do not have to keep track of what he has contributed to your business, or return what he contributed, but if you are cautious about consuming any of his wealth as much as you can, that is better. And Allaah knows best. 160


For more information, see Ahkaam al-Qur’aan by Ibn al‘Arabi, 1/324; al-Majmoo’, 9/430; al-Fataawa alFiqhiyyah al-Kubra by al-Bayhaqi, 2/233; Kashshaaf alQinaa’, 3/496, question no. 21701.Islam Q&A (www.islam-qa.com) 20709: Is it permissible for him to inherit property that was bought with a riba-based loan? Question: Can a person inherit property or a business bought with a loan that had interest on it ?. Answer: Praise be to Allaah. If a person takes out an interest based loan and buys property with it, when he dies the property becomes part of the estate which is inherited from him, but he has sinned by dealing in riba. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: What is haraam because of the way in which it is acquired is haraam for the one who earns or acquires it, such as riba. But if the person who dealt with riba dies, then his wealth is permissible for his heirs. What is haraam in and of itself, such as alcohol, is haraam to the one who acquires and to the one to whom he passes it on. Similarly, if a person steals something or seizes it by force then dies, it is not permissible for his heir (to take the stolen property); if he knows who it belongs to he must return it, otherwise he should give it in charity on behalf of the owner. From Liqaa’aat al-Baab al-Maftooh, 1/304 161


The Standing Committee issued a fatwa concerning a person who built a house with a riba-based loan, stating that he has to repent and seek forgiveness, and that he does not have to destroy the house; rather use may be made of it by him or someone else living in it. Fataawa al-Lajnah al-Daa’imah, 13/411. And Allaah knows best. Islam Q&A (www.islam-qa.com) 34657: Withholding inheritance from a daughter so that her husband will not take it Question: Some people withhold inheritance from their daughters for fear that the daughter’s husbands will take the daughters’ share of the inheritance. Is this permissible?. Answer: Praise be to Allaah. Allaah has described the heirs and the share that each of them has in Soorat al-Nisa’. These heirs include daughters. Allaah enjoins giving each person who is entitled to something his right, and the first passage on inheritance ends with the words (interpretation of the meaning): “These are the limits (set by) Allaah (or ordainments as regards laws of inheritance), and whosoever obeys Allaah and His Messenger (Muhammad) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success. 162


14. And whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment” [al-Nisa’ 4:13-14] Then He ended the last verse of the same soorah with the words (interpretation of the meaning): “(Thus) does Allaah make clear to you (His Law) lest you go astray. And Allaah is the All-Knower of everything” [al-Nisa’ 4:176] Whoever deprives a daughter or anyone else of the right granted by Allaah, without her consent, has disobeyed Allaah and His Messenger (peace and blessings of Allaah be upon him), and followed his own whims and desires, and is overwhelmed by tribalistic feelings and jaahiliyyah. His abode will be Hell, if he does not repent and give people their rights. And Allaah is the Source of strength. Al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’lIfta’, 16/493. (www.islam-qa.com) 33603: Their father molested them – should they cut him off? Question: My children’s father has been jailed for child sexual abuse. Does he still inherit from them, should they die before him? Does he retain any of the rights of a father?.

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Answer: Praise be to Allaah. This criminal father who has betrayed his trust should be advised and called to Allaah, and reminded of the meeting with Him, and should be told how evil it is to do this action which contradicts the idea of fatherhood. For the children are part of the man, so how can a man feel desire towards his own children?! Inna Lillaahi wa inna ilayhi raaji’oon (“Truly, to Allaah we belong and truly, to Him we shall return” – said when faced with a calamity). If advice and reminders are of no use with him, then he must be stopped and punished severely, to deter him and others like him from doing such abhorrent and repulsive acts. This great evil does not mean that he loses his right to kind treatment and upholding the ties of kinship, so long as there is no danger of falling into any haraam actions. Allaah has enjoined kind treatment of parents even if they try to make their child ascribe partners to Allaah. Allaah says (interpretation of the meaning): “But if they (both) strive with you to make you join in worship with Me others that of which you have no knowledge, then obey them not; but behave with them in the world kindly” [Luqmaan 31:15] So his children have to treat him kindly and honour him, but they must also be extremely cautious in their dealings with their father. None of them should stay with him on his or her own. If one of his children dies, he has the right of inheritance, like any other father and child. You should make a lot of du’aa’ for him, praying that he may be guided and enabled to repent, for hearts are held 164


between two of the fingers of the Most Merciful and He turns them however He wills. And Allaah knows best. Islam Q&A (www.islam-qa.com) 20782: Does the grandson inherit from his grandfather? Question: I’ve heard that if a man dies, leaving behind children and his father is still alive, the children of that man do not inherit the property of their grandfather (the man’s father). I want to know if this is true according to Sharee’ah. I wanted to know this because I feel that Allah would not have ordered such an unfair division especially when those fatherless children are more in need of care. If such a rule is there, then there must be some conditions. Could you kindly throw some light on this according to Islamic Laws of Inheritance with proofs from Ahaadeeth and the Qur’an?. Answer: Praise be to Allaah. What you mentioned about the sons of the deceased son not inheriting from their grandfather is correct, but that is subject to the condition that the deceased grandfather does not have one or more living sons. In that case the grandsons are prevented from inheriting by the presence of the son, namely their paternal uncle. But if the grandfather does not have any living sons, then his grandchildren inherit from him. 165


What some of the common people think, that the grandsons should take their father’s share, is contrary to the scholarly consensus that one of the conditions of inheritance is that there should be certainty that the heir was alive after the death of the deceased, because in this case the son died before his father, so it is impossible for him to have a share of his father’s estate who died after him. It says in Tuhfat al-Muhtaaj fi Sharh al-Minhaaj (6/402): “ ‘If the two types are both present,’ meaning his own children and his son’s children, ‘whether his own child is male’ only, or there is also a female, ‘the son’s children are prevented from inheriting’ according to scholarly consensus.” But in a case where the son’s children do not inherit, it is recommended to make a will in their favour, so long as it does not exceed one-third of the estate, especially if they are poor and in need. In conclusion: The son’s children may inherit from their grandfather on condition that he does not have any living son (whether this son is their father or their paternal uncle), in which case they do not inherit. The scholars are agreed on this point. The Muslim should believe that whatever Allaah has decreed is wise, just and merciful, even if they cannot see that, and that Allaah prescribes for His slaves that which is in their best interests and will bring them prosperity and happiness. Allaah says (interpretation of the meaning): “Allaah intends for you ease, and He does not want to make things difficult for you” [al-Baqarah 2:185] 166


“Allaah wishes to lighten (the burden) for you; and man was created weak” [al-Nisa’ 4:28] “But no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission” [al-Nisa’ 4:65] “It is not for a believer, man or woman, when Allaah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allaah and His Messenger, he has indeed strayed into a plain error” [al-Ahzaab 33:36] “And who is better in judgement than Allaah for a people who have firm Faith” [al-Maa’idah 5:50] See also questions no. 1239, 13932, 22466 And Allaah knows best. Islam Q&A (www.islam-qa.com) 13772: Does stealing prevent a person from inheriting? Question: What is the ruling with regards to inheritence for a daughter who has run away from her(widowed) mother and taken her mothers money and other possesions.She was not raised Islamically and is disobedient to her mother. 167


The Mother does not wish to have anything to do with her daughter whatsoever.Would the daughter still be entitled to inheritence. Answer: Praise be to Allaah. Firstly: The things that prevent a person from inheriting are three: 1 – Killing. The killer does not inherit anything from his victim, because of the hadeeth of Abu Hurayrah (may Allaah be pleased with him) who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The killer does not inherit.” (Narrated by al-Tirmidhi, 2109; classed as saheeh by al-Albaani in Saheeh alTirmidhi, 1713). Al-Tirmidhi said: Based on this, according to the scholars, the killer does not inherit whether the killing was deliberate or accidental. Some of them said that if the killing was accidental, then he can inherit. This is the view of Maalik. 2 – Difference of religion. A Muslim cannot inherit from a kaafir, and kaafir cannot inherit from a Muslim, because the Prophet (peace and blessings of Allaah be upon him) said: “The Muslim does not inherit from a kaafir and the kaafir does not inherit from a Muslim.” (Narrated by alBukhaari, 6764; Muslim, 1614). 3 – Slavery. If the father is a slave and the son is free, there are no rights of inheritance between them, because the slave does not possess anything and his wealth belongs to his master, and if the slave inherits something, it will go to his master who has no connection with the deceased. See al-Tahqeeqaat al-Murdiyyah by al-Fawzaan, p. 45. 168


Based on this, a thief is not prevented from inheriting, but he is to be asked to return whatever he stole. If he does not return it then the approximate value of what he stole should be factored in to the calculation of the inheritance and the total amount that he stole should be deducted from his share of the inheritance. If there is anything left of his share after that, it may be given to him, otherwise he should not be given anything, and he remains guilty of the sin of stealing and disobeying his parents. Secondly: This is an example of the consequences that usually come to parents as a result of their negligence in raising their children in this world, before they are brought to account by Allaah on the Day of Resurrection. Allaah has made the father and mother responsible for their children. It was narrated that ‘Abd-Allaah ibn ‘Umar said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “Each of you is a shepherd and is responsible for his flock. The ruler is a shepherd and is responsible for his flock. The man is the shepherd of his family and is responsible for his flock. The woman is the shepherd of her husband’s household and is responsible for her flock. The servant is the shepherd of his master’s wealth and is responsible for his flock. A man is the shepherd of his father’s wealth and is responsible for his flock. Each of you is a shepherd and is responsible for his flock.” (Narrated from al-Bukhaari, 853; Muslim, 1829). And Allaah commands them (parents) to protect themselves and their families from the Fire. Allaah says (interpretation of the meaning): “O you who believe! Ward off yourselves and your families against a Fire (Hell) whose fuel is men and stones, over which are (appointed) angels stern (and) 169


severe, who disobey not, (from executing) the Commands they receive from Allaah, but do that which they are commanded” [al-Tahreem 66:6] What we see nowadays of disobedience towards parents is one of the results of parental failure to give children a proper Islamic upbringing. Children are brought up in a manner far removed from the rulings of sharee’ah, so they do not know their parents’ rights, let alone the rights of Allaah. So how can fathers and mothers hope that their children will be good when they have taken them far away from the straight path in the way they have raised them and cared for them? In the case of those who have not fallen short in caring for their children and raising them in a proper Islamic manner, but then the children are not following Islamic guidance, this is a test from Allaah for the fathers and mothers. For those who were negligent, it is a kind of punishment. Thirdly: Cutting off all ties with the daughter may not always be the means of setting things straight. It is more akin to taking revenge and punishing and may lead to bad results that are the opposite of what was hoped for. It is far better for the girl to stay with her family than for her to run away or be thrown out of the house, because the evil that results from a girl leaving her family home is far greater than the evil that may result when she is with her family. Hence it is not prescribed in our religion to forsake a person for the sake of forsaking them; it is prescribed only when doing so will lead to positive results. If it will lead to a greater evil then it is not prescribed. 170


And Allaah knows best. Islam Q&A (www.islam-qa.com) 7019: Inheritance question Question: In light of Quran and sunnah could you please provide information about inheritence in the following situation. A father has 4 sons and 3 daughters. 1 son dies during the fathers life. Soon afterwards the fathers wife also dies leaving behind some of her own personal property? My questions are: 1) How is the mothers property shared. 2) How will the fathers inheretence be shared once be passes away in particular with respect to the dead son? The dead son has left behind 2 wives (1 son from the first wife and 3 sons from the second wife). Will the children of the dead son be entitled to anything?. Answer: Praise be to Allaah. The question mentions “the father’s wife” and later on “the mother.” As the ruling will vary, we will answer the question in such a manner as to address both possibilities. 1 – Division of the estate left by the dead son: His two wives get one-eighth, to be divided equally between them. His father gets one-sixth.

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If the woman referred to in the question was his mother, she gets one-sixth; if she was his father’s wife, she is not his mother and does not have any share. The rest goes to his four sons to be shared out equally amongst them. 2 – Division of the estate left by the father’s wife or the mother. If she was the wife of the father and had no children – either from her current husband or from another if she had been married before – then her husband gets one half. The questioner has not told us about the rest of her heirs so we cannot state how the rest of the estate is to be divided. If she had children – either from her current husband or from another – then her husband gets one-quarter. The questioner has not told us about the rest of her heirs. If she was the mother, then her husband gets one-quarter, and her children who were alive at the time of her death get the rest, with the males taking twice the share of the females. 3 – Division of the estate left by the father. His wife – if he had a wife – gets one-eighth. The rest is to be given to his children who were alive at the time of his death, with each male taking twice the share of a female. If he did not have a wife, all his estate goes to his children, with each male taking twice the share of a female. With regard to the children of the son who died before him, they do not inherit anything from their grandfather or grandmother. The fact that the son would have inherited 172


if he were still alive does not mean that his share is given to his children if he dies, because the children in this case are prevented from inheriting by the presence of their paternal uncles. This is according to scholarly consensus. And Allaah knows best. Islam Q&A (www.islam-qa.com) 21696: He bequeathed one-third of his wealth to his daughters as a punishment to his son for taking all the money Question: One year before my father died, he gave to each of us – three daughters and one son – the papers pertaining to the accounts where he had deposited the money he had been saving for us; he had suffered a great deal during the years he was working abroad to save this money for us and provide us with this money. So none of us dared to withdraw any money without referring to him, out of respect for him. Then my brother withdrew all the money in the account following an argument which arose between my brother and my sister. My father (may Allaah have mercy on him) was on the girls’ side, which made my brother (may Allaah forgive him) withdraw all the money which my father had deposited in his account then handed over the documentation. When he (my brother) found out about this will, he started court proceedings to prove the will legally invalid. When his father found out about it from the bank, he was deeply shocked, and he told him to put the money back because he needed it, as he was sick. But my brother refused to return the money, which had a bad 173


effect on my father. My father died angry with my brother, and he had written a will leaving one-third of his money to his daughters; this will was intended as a punishment to my brother which my father wrote before he died, understanding fully what he was saying. I myself refused to accept this will because I was not comfortable with it, and I insisted on taking only that which was due to me according to sharee’ah. I advised my sisters to ignore this will, in order to correct any mistake that my father may have made and so as to uphold good relations with my brother as Allaah enjoins upon us to do. But my many attempts did not succeed, and they went ahead and executed the will through the courts. The tears of my mother (may Allaah have mercy on her) did not succeed in deterring them from insisting on the will being executed. I also tried several times to deter my brother from entering into a dispute with my sisters in the court, in order to protect the name and reputation of our father. I asked him to consider this as a punishment in this world for what he had done to my father. But he refused to give up what he considered to be his right for any reason, and all of them accused me of not supporting the truth. I kept myself out of this dispute by appointing a lawyer to declare my objection to this matter from the outset. I hope that you can advise me of the shar’i ruling and what my siblings’ position is according to sharee’ah. Please tell me what my duty towards them is, when they have adopted this stance towards me on this matter despite my many attempts to maintain good relations with them and honour them. Please advise me, may Allaah reward you. Answer: Praise be to Allaah. 174


It is unfortunate that there are many such cases among siblings, and what makes the matter even more regrettable is that the reason for this dispute is money. In fact I appreciate our sister’s good nature and wisdom, since she has preferred peace to entering into a dispute with her brother, and she has tried to contain the problem and solve it within the family. This in itself should be considered the beginning of a proper solution. As for the answer to this question, it may be answered in the following points: Firstly: The money which your father had saved for you and gone to great lengths for your benefit, is the due of everyone whom Allaah has decreed has a share of inheritance. Each of you has a share allotted by sharee’ah after the death of your father; none of you have the right to keep this money for himself and deny it to the rest of the heirs, because by doing so he is transgressing upon the rights of others. Allaah says (interpretation of the meaning): “but transgress not the limits. Truly, Allaah likes not the transgressors”[al-Baqarah 2:190] It was narrated by Abu Harrah al-Raqaashi that his paternal uncle said: “I was holding on to the reins of the she-camel of Messenger of Allaah SAWS (peace and blessings of Allaah be upon him), and the Prophet (peace and blessings of Allaah be upon him) said: “A man’s wealth is not permissible except with his consent.” (Narrated by Ahmad, 20172; classed as saheeh al-Albaani in Saheeh al-Irwaa’, 1761). On this basis, what your brother did by taking this money is considered to be a haraam action, especially since he took the money when your father was still alive and he is not entitled to any of the money until after his father died. Indeed, after his father’s death he is not entitled to anything 175


more than the share which Allaah has allocated to him in the laws of inheritance. So what your brother must do is to repent to Allaah and restore the rights of people. Secondly: The will which your father wrote was not acceptable according to sharee’ah, and it is not permissible for you to demand that it be executed, because a person who is designated as an heir according to sharee’ah cannot be given something in the will (wasiyyah). The Prophet (peace and blessings of Allaah be upon him) said: “Allaah has given each person his rights and no will can be made in favour of an heir.” (Narrated by al-Tirmidhi, 2120; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 1722), So it is not permissible for you to demand it, even if your brother has taken your money. But you may demand what Allaah has granted you in the laws of inheritance. Thirdly: You should continue to advise and guide them and try to bring them together as much as you can. Remember that you will be rewarded by Allaah for that. Allaah says (interpretation of the meaning): “There is no good in most of their secret talks save (in) him who orders Sadaqah (charity in Allaah’s Cause), or Ma‘roof (Islamic Monotheism and all the good and righteous deeds which Allaah has ordained), or conciliation between mankind; and he who does this, seeking the good Pleasure of Allaah, We shall give him a great reward” [al-Nisa’ 4:114] Keep telling your sisters not to demand more than they are entitled to, and that demanding one-third is something 176


that is not permitted. Try also to convince your brother, in a good way, to give your sisters that which is rightfully theirs, and to show mercy to his sisters after his father’s death instead of being a torment to them. You will undoubtedly face problems in doing that, but be patient. We ask Allaah to make you steadfast. Fourthly: If you are doing the right thing, it will not matter if people blame you or accuse you of being biased. Be steadfast in adhering to the truth. Finally, we call on all of you to fear Allaah and to ward off this scandalous dispute which does not make anyone happy apart from the Shaytaan, those in whose hearts is a disease and everyone who enjoys the troubles of others or is filled with malicious envy. I ask Allaah to put things right between you. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 14357: If a woman spends on the household, will her share of the inheritance be different? Question: The Qur’an (4:11)allocates women half a man’s share in inheritance. I presume that the rule that prescribes that women should inherit half a man’s share is based on the injunction in the Qur’an(4:34)that men should maintain women. My question is this: what happens if the woman (and not the man) in the family is the main breadwinner? Or, what happens if both the husband and the wife are joint breadwinners? Does this rule then still apply? 177


Answer: Praise be to Allaah. and blessings and peace be upon the Messenger of Allaah. The female takes half the share of a male in inheritance regardless of whether she works and spends on the household or not, because this is the ruling of Allaah. Allaah says (interpretation of the meaning): “Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females” [al-Nisa’ 4:11] This means that if a man and woman are co-heirs, then the male’s share is equal to that of two females. An exception is made when uterine brothers and sisters (related through the mother) inherit, in the case of kalaalah, which is mentioned in the passage (interpretation of the meaning): “If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third” [al-Nisa’ 4:12] The word kalaalah refers to a case where the deceased leaves behind no ascendants or descendents; if he has brothers and sisters through his mother (uterine siblings), then each male receives a share equal to that of one female. Al-Qurtubi (may Allaah have mercy on him) said: “There is consensus on this among the scholars; in the laws of inheritance there is no case where males and females receive equal shares except in the case of uterine siblings”. 178


Because of the importance of inheritance, Allaah explained the ruling on how the estate is to be divided Himself, and He did not leave the matter to human reasoning or interpretation. Hence Allaah concluded this aayah with the words (interpretation of the meaning): “(these fixed shares) are ordained by Allaah. And Allaah is Ever AllKnower, AllWise” [al-Nisa’ 4:11] Allaah comments on the rulings of inheritance by saying (interpretation of the meaning): “These are the limits (set by) Allaah (or ordainments as regards laws of inheritance), and whosoever obeys Allaah and His Messenger (Muhammad) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success. And whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment” [al-Nisa’ 4:13-14] From this it may be known that there is no room for changing or altering these rulings, or to suggest something different, because they came from Allaah, the AllKnowing, All-Wise, Who does not do the slightest injustice to mankind, and Who is more compassionate towards His slaves than a mother to her child. Some scholars have sought to explain the reason behind giving males more than females in inheritance by referring to the verse (interpretation of the meaning): “Men are the protectors and maintainers of women, 179


because Allaah has made one of them to excel the other, and because they spend (to support them) from their means” [al-Nisa’ 4:34] They said that because the man is obliged to spend on the woman, and on her children and servants, and she is spared that obligation, so it is appropriate that his share should be greater than hers. This is one of the obvious reasons, no doubt. The great scholar al-Shanqeeti (may Allaah have mercy on him) said in Adwaa’ al-Bayaan: “because the one who in charge of another and spending money on him will always have his money decreasing, and the one who is being looked after and on whom the money is spent is expected to have more. The wisdom of giving precedence to the one on whose money more demands are made over the one whose money is expected to increase is to make up for the expenses of the former. This is sound reasoning.” (1/308). It should be noted that Islam preceded all the customs and laws in honouring women and treating them fairly, and allowing them financial independence, whereas European women were, until recently, denied the authority to own anything! With regard to what is mentioned in the question about a woman who spends on the household or contributes to the household expenses, the answer is that women are not required to do that, and they can refuse to work or refuse to spend their money that they have earned themselves, and ask their husband to spend on them and provide accommodation for them and their children. If the husband refuses to fulfil this right, then she may ask for a divorce. But if she agrees to spend on him and share the household expenses, then this is a good deed on her 180


part for which she will be rewarded. But it is not obligatory for her to do that, and it has no effect on her share of inheritance. It should also be pointed out that this wife may take half the estate of her father or mother, if she has no brothers, or she may inherit from her brother or sister, in addition to whatever she is entitled to from her husband’s estate after he dies. And her husband may be in the opposite situation, I mean that he may inherit a small amount from the estate of his father, mother or brothers, or he may not inherit anything. The point is that the words “to the male, a portion equal to that of two females” have to do with males and females among the children of the deceased; they do not apply to the husband and wife, as each of them have independent sources from which they may inherit. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 23300: No will for an heir Question: If a person states in his will that one-third of his wealth is to be given to the poor, is it permissible for his heirs to take some of this bequest if they are poor? Answer: Praise be to Allaah. 181


Yes, that is permissible. Shaykh al-Islam [Ibn Taymiyah] (may Allaah have mercy on him) said: “It is not permissible to make a will leaving something to an heir without the consent of the other heirs. Heirs may be included in the will in general terms without mentioning them by name.” (al-Ikhtiyaaraat, p. 190). What this means is that if a will is in general terms, i.e., it does not mention people by name, such as one that mentions categories, such as the poor, or students, or mujaahideen, etc., it is permissible for those who fall into those categories to take something from this bequest even if they are also heirs. But if the will mentions people by name, such as bequeathing wealth to relatives, the heirs cannot be included in this bequest. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 13965: He died and left behind a wife, mother, two sons and brothers and sisters Question: My Sister’s husband died recently and has left behind some property. He has left following family behind him: Wife two sons (both minor age) Mother (father has died many years before) 3 brothers (one married, two bachelors)

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3 sisters (two married, one divorced) How would his estate be divided among these people according to Shariah? Pl. advice.? Answer: Praise be to Allaah. Firstly, those who are entitled to inherit should be given their shares. They are: The wife, who receives one-eighth, because the deceased has children. Allaah says (interpretation of the meaning):“…their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave…” [al-Nisaa’ 4:12] The mother, who receives one-sixth. Allaah says (interpretation of the meaning): “…For parents, a sixth share of inheritance to each if the deceased left children…”[al-Nisaa’ 4:11] The sons receive the rest of the money, because the Prophet (peace and blessings of Allaah be upon him) said, according to a report narrated from Ibn ‘Abbaas: “Give the faraa’id (shares of inheritance that are prescribed in the Qur’aan) to those who are entitled to receive them. Then whatever remains should be given to the closest male relative of the deceased.” (Narrated by al-Bukhaari, al-Faraa’id, 6249; Muslim, 3028). The brothers and sisters do not have a share in the inheritance because they are deprived thereof by the presence of male children of the deceased. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 183


13749: Is it permissible for a grandmother to make a will in favour of her grandchildren when her sons are still alive? Question: I have a question regarding specific rules of inheritance. 1-My mother is divorced and has remarried. The money that she will leave on to her relatives she obtained as a result of her first marriage, not her second. 2- She has a son (me, her only living child from her first marriage), a husband, two grandchildren, and several brothers and sisters, one of whom lives in the same country (USA) as her. 3- From my understanding of the rules of inheritance, she has the right to distribute up to 1/3 (or less) in any Islamically acceptable way that she wishes. 4- After the first 1/3 (or less) is distributed, the remainder according to my knowledge is to be distributed as 1/2 to the son, and 1/4 to her current husband. Is this correct? 5- Are there any other relatives who have rights of inheritance upon her? 6- She wanted to simply divide her assets as 1/2 to me and 1/2 to her grandchildren, but I told her I wanted to make sure she did what was right in Islam, so that is why I am asking. Answer: Praise be to Allaah. This question covers a number of topics:

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1 – Those who are entitled to inheritance in this case are: The father and mother, and the husband and wife, and the sons, if there are sons, are not prevented from inheriting. But each of them should take the share which is decreed by Allaah. But in the case of daughters, if there are also sons, they inherit by right of descent [bi’l-ta’seeb] (The word ‘by right of descent’ can be used with the sons and daughters but not with the brothers, sisters, uncles and cousins. Therefore, I would think that the word ‘by agnation’ is more suitable because it means the blood relationship from the side of the father ) on the basis that each male gets the equivalent of the share of two females. In the case you mention, those who are entitled to inheritance are: The husband, who is entitled to one-quarter because there is a son (a descendent who is entitled to inherit) The son, who is entitled to the remainder of the inheritance, because he inherits by right of descent [ bilta’seeb ] Brothers and sisters are prevented from inheriting by the presence of the son, so they have no right to the inheritance. 2 – Ruling on making a will in favour of an heir: It is not permissible to make a will in favour of any of the heirs (i.e., those who are entitled to inherit according to sharee’ah). It was narrated in a saheeh report that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has given to each one who is entitled his rights, and there is no will in favour of one who is an heir…” (Narrated by al-Tirmidhi, 2047; classed as saheeh by alAlbaani in Saheeh Abi Dawood, no. 1722.) Shaykh Taqiy

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al-Deen said, The ummah is unanimously agreed upon this. Unless that will is approved by the heirs (who are entitled to inherit according to sharee’ah), in which case it becomes valid; it is subject to their consent. 3 – When the will is to be considered. The will is to be considered immediately following death. Al-Muwaffaq said: we do not know of any dispute among the scholars concerning the fact that the will is to be considered immediately following death. See al-Mulakhkhas al-Fiqhi by al-Fawzaan, part 2, p. 174. Ibn Hajar said: The (scholars) are agreed that the one in whose favour the will is made is to be considered as an heir (i.e., one who is entitled to inherit according to sharee’ah) on the day of death. Even if one made a will in favour of a brother who is an heir (i.e., one who is entitled to inherit according to sharee’ah), as he does not have a son to prevent his brother from inheriting, but just before he dies a son is born to him, and that son prevents his brother from inheriting, then this will in favour of the brother is valid. If he made a will in favour of his brother at the time when he had a son, and the son died before his father, then the brother becomes entitled to inherit and thus the will becomes invalid. On this basis it is permissible for your mother to make a will in favour of her two grandchildren (your two children) so long as they do not have any rights of inheritance. She may also include her brothers and sisters in her will, on the condition that she does not give more than one-third to them, because the Prophet (peace and blessings of Allaah be upon him) said: “One-third, and one-third is a lot.” (Narrated by al-Bukhaari, al-Wasaayaa, 2538) 186


With regard to giving something whilst one is still alive, this is a gift. See the answer to Question No. 10447 Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 12911: What is the daughter’s share of inheritance? Question: does a daughter have a right in her mothers property if yes what is her share please comment Answer: Praise be to Allaah. If a daughter inherits – whether from her mother or her father – her share of the inheritance may vary according to the situation: 1 – If the daughter is an only child, i.e., she has no brothers or sisters (i.e., heirs who are descendents), then she has a half of the legacy of the deceased. Allaah says (interpretation of the meaning): “…if only one, her share is a half…” [al-Nisaa’ 4:11] 2 – If there are more than one daughter – two or more – and the deceased has no male children, then their share is two-thirds. Allaah says (interpretation of the meaning): “…if (there are) only daughters, two or more, their share is two-thirds of the inheritance…”[al-Nisaa’ 4:11] 187


3 – If there are other, male, heirs who are descendents of the deceased (one or more), then they are to be given the remainder after each person who is entitled to a share has been given that share. Her share is equal to one-half of her brother’s share (“to the male, a portion equal to that of two females”), whether they are two or whether the children include both males and females. The male takes a share equal to that of two females. Allaah says (interpretation of the meaning): “Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females” [al-Nisaa’ 4:11] These are the shares which have been decreed by Allah. So it is not permissible for anyone to change any part of them, or to deprive an heir, or to bring in anyone who is not an heir, or to deprive an heir of any part of his inheritance or to give him more than the share allotted to him by sharee’ah. And Allaah knows best. May Allaah bless our Prophet Muhammad. If a daughter inherits – whether from her mother or her father – her share of the inheritance may vary according to the situation: 1 – If the daughter is an only child, i.e., she has no brothers or sisters (i.e., heirs who are descendents), then she has a half of the legacy of the deceased. Allaah says (interpretation of the meaning): “…if only one, her share is a half…” [al-Nisaa’ 4:11] 2 – If there are more than one daughter – two or more – and the deceased has no male children, then their share is two-thirds. Allaah says (interpretation of the meaning): “…if (there are) only daughters, two or more, their share is two-thirds of the inheritance…” [al-Nisaa’ 4:11] 188


3 – If there are other, male, heirs who are descendents of the deceased (one or more), then they are to be given the remainder after each person who is entitled to a share has been given that share. Her share is equal to one-half of her brother’s share (“to the male, a portion equal to that of two females”), whether they are two or whether the children include both males and females. The male takes a share equal to that of two females. Allaah says (interpretation of the meaning): “Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”[al-Nisaa’ 4:11] These are the shares which have been decreed by Allah. So it is not permissible for anyone to change any part of them, or to deprive an heir, or to bring in anyone who is not an heir, or to deprive an heir of any part of his inheritance or to give him more than the share allotted to him by sharee’ah. And Allaah knows best. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 13632: Division of inheritance among a mother, father and four brothers Question: A person died, leaving behind a mother, father and four brothers. How should the inheritance be divided? Answer: Praise be to Allaah. 189


There are two views concerning this matter among the scholars. The first view: This is the view of the majority, and is the correct view among the Hanbali madhhab. This view states that if there are two parents and a number of siblings, the mother gets one-sixth and the rest goes to the father, because of the words of Allaah (interpretation of the meaning): “… if the deceased left brothers or (sisters), the mother has a sixth…” [al-Nisaa’ 4:11] The general meaning of the aayah indicates that the presence of siblings reduces the mother’s share from onethird to one-sixth, whether they inherit or not. Al-Ramli, who was a Shaafa’i, said: “Know that for a person to be able to prevent another person from inheriting or reduce his share, he should himself be allowed to inherit. Whoever does not inherit for a reason that may be mentioned later cannot prevent anyone from inheriting altogether or decrease the amount he inherits, except in a case such as when brothers are prevented from inheriting by the presence of the father, but the mother’s share is reduced from one-third to one-sixth because of their presence; and when her two children are prevented from inheriting by the presence of their grandfather but their presence reduces the mother’s share to one-sixth; and when there are a husband, a full sister, a mother and a brother from the father’s side, the brother has no share even though when combined with a full sister this reduces the mother’s share to one-sixth.” Nihaayat al-Muhtaaj Sharh al-Minhaaj, part 6, p. 16 The view of the Maalikis is: “Everyone who cannot inherit anyway cannot prevent an heir from inheriting or reduce 190


his share” – except in five cases… the second of which is: parents and siblings, where the mother’s share is reduced to one-sixth and they (siblings) cannot inherit because they are prevented from doing so by the father. See Haashiyat al-‘Adawi, part 2, p. 388 The second view: That she gets one-third along with the brothers whose share is reduced because of the presence of the father. This is the view of some later scholars and it was the view selected by Shaykh al-Islam Taqiy al-Deen Ibn Taymiyyah, but the rest of the scholars differ from him. Their point is that the siblings do not reduce the mother’s share to one-sixth unless they have the right to inherit – so that they would benefit from reducing the mother’s share. The evidence for this is the aayah (interpretation of the meaning): “… if the deceased left brothers or (sisters), the mother has a sixth…” [al-Nisaa’ 4:11] where the father is not mentioned. The ruling here refers to when the mother is on her own with siblings; after the mother is given one-sixth, the rest is to be given to them. Among the contemporary Hanbalis, this view was favoured by Shaykh ‘Abd al-Rahmaan ibn Naasir al-Sa’di, when he said: “The correct view is that the brothers who are prevented from inheriting or whose share is reduced do not prevent the mother from inheriting one-third, because Allaah says (interpretation of the meaning): ‘…if the deceased left brothers or (sisters)…’, meaning heirs. As these brothers who are inheriting are not described as being prevented from inheriting, so none of them can be prevented, because the ruling on the division of 191


inheritance is that the one who does not inherit cannot prevent another from inheriting whether in whole or in part. The reason for reducing the share of the mother is so that they can have a share, but if they are not heirs they cannot prevent anyone else from inheriting. And Allaah knows best. See al-Tahqeeqaat al-Maradiyyah by al-Fawzaan, p. 8788 Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: Siblings cannot reduce the mother’s share from one-third to one-sixth except if they are heirs, whose share is not prevented by the presence of the father. In the case where there are two parents or two brothers, the mother’s share is one third. The presence of the grandfather prevents the brothers from inheriting, thus the brothers could not reduce the share of the mother because they themselves are prevented from inheriting, according to scholarly consensus. The same applies with regard to parents or the father. This was narrated from Imaam Ahmad and was the view selected by some of his companions, and this was the view of Abu Bakr and others among the Sahaabah (may Allaah be pleased with them). See al-Fataawa al-Kubra, part 5, p. 446 Since there is scholarly dispute on this matter, you should refer to the qaadi (Muslim judge) in your country, because the ruling of the judge will dispel the differences. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 192


12221: Is it permissible for the heirs to agree on males and females taking equal shares? Question: most of the questions posted talked about a husband/father as the deceased. In my case, it was my mother who passed away and she left some cash & properties behind for the family. As the eldest child ( a daughter ) I was given the task to administer the distribution accordingly. For yr info: i) my mother was a muslim convert. When she died, she left behind a sister & 2 brothers ( all of whom are nonmuslims)Her parents had deceased. ii) There are 5 children out of my mother, 3 daughters & 2 sons, one of which is underaged ( according to my country’s interpretation of Islamic Law - 18 yrs old is considered an adult. Anything below that is considered a minor )Hence the appointment of legal guardian will have to be considered. iii) my mother’s husband, the father of my 4 siblings is still alive. I came from a different father who died when I was 18 months old. My mother then remarried my stepfather and was legally his only wife until the day she died. How shall the wealth be divided and distributed according to Syariah Law ? Another question: I was informed that though distribution of wealth of a muslim deceased is governed by Islamic Law, if the eligible heirs agreed to distribute the said wealth according to their own arrangement, their decision will overwrite the Law itself. Is that true? If it does, what is the right procedure to do it? Shall the wealth be first distributed according to the Law, and later re-distributed according to the earlier agreement or can 193


the wealth be distributed according to the heirs’ arrangement straight-away? Please explain in details because I want to make sure I take this responsibility as accorded by the Law. Anything less than that means I am answerable to Allah in life after death! May Allah Bless all of us generously! Answer: Praise be to Allaah. It is essential to point out something, which is that you say in your question, “Syariah [Sharee’ah] Law”. This is not a good expression, so perhaps you should use the phrase “Rulings of Islamic sharee’ah” instead. With regard to your question, it is clear from your question that the inheritance is limited to your mother’s husband, yourself and your siblings, and that the number of males is two and the number of females is three. You can easily divide the wealth into 12 shares, of which your mother’s husband will take three shares, and the rest will be shared out among you and your siblings, with each male getting the share of two females. (Or you may divide the remainder into seven shares, giving two shares to each male and one share to each female). So if the amount is 10,000 (ten thousand), and you take away 2500 for (your mother’s) husband, that leaves 7500 to be divided by seven. So each share will be approximately 1071.5, which will be the share of each female. Multiplied by 2 it makes 2143, which will be the share of each male. This is how the inheritance is to be divided if each of the heirs wants to take the share prescribed for him by Allaah. But if the heirs agree amongst themselves to share the 194


wealth equally amongst themselves, so that there will be no difference between the husband and the children, or between the males and females, this is permissible according to sharee’ah. With regard to how this may be implemented officially, that depends on the system in your country. Shaykh Sa’d al-Humayd . (www.islam-qa.com) 11803: Division of the estate of a man who died and left behind a wife, mother, brother and sister Question: A man died leaving behind a wife, a brother, a sister and a mother. How will the estate be shared among this heirs? Answer: Praise be to Allaah. The man’s estate should be divided among the heirs mentioned in the following manner: The wife is given a quarter, the mother is given one-sixth, and the rest is shared between the brother and sister giving the male twice the share of the female. So if, for example, he left behind 18,000: His wife gets one quarter of the estate, which is 4500. His mother gets one-sixth of the estate, which is 3000. The rest (18,000 – 7500= 10,500) is divided into three shares. 195


One third is given to the female, 3500. Two-thirds are given to the male, 7000. And Allaah knows best. Shaykh Sa’d al-Humayd. (www.islam-qa.com) 2479: Division of the estate of one who leaves a wife, two sons and a daughter behind Question: assume the following family situation :father , mother , daughter - eldest ,son no.1, son no.2 on the death of the father, what would be the portion of inheritance by each surviving member of the family according to sharia ? I look forward to hearing from you soon Answer: Praise be to Allaah. If the head of a household composed of a wife, a daughter and two sons dies, then the wife will receive one-eighth of the estate, because Allaah says (interpretation of the meaning): “… but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts…” [al-Nisaa’ 4:12]. The rest of the inhertance should be divided into five shares, with two shares going to each son and one share going to the daughter, because Allaah says (interpretation of the meaning): “Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females…” [al-Nisaa’ 4:11]. And Allaah knows best.

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Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 11021: The estate of the deceased who left behind a wife, sons, sisters and grandchildren Question: My father passed away recently (may Allah (swt) forgive his sins and bless him) leaving behind family as follows: Wife , 4 sons (3 married, 3 grandchildren) , 3 sisters (one married, one widow, one spinster) , Mother and Father . I have read the Qur’an, but found the conditions of inheritance a little complicated to understand. Please inform me of the correct split of the estate of my father, and also how much, if any, of that estate can go towards charity. Answer: Praise be to Allaah. What you have to do is refer to the nearest sharee’ah court to divide the inheritance, after paying any debts that are owed and executing the will of the deceased with regard to one-third or less of the estate. Then the division of the estate among the heirs should be done after the necessary conditions have been met and there is nothing to prevent it being done. In any case, once the necessary conditions have been met and there is nothing to prevent the estate being divided, and there are no other heirs apart from these:

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- The wife should take one-eighth (1/8), because there are offspring who are entitled to inherit. - The father should take one-sixth (1/6), because there are male offspring who are entitled to inherit. - The mother should take one sixth (1/6) because there are offspring who are entitled to inherit - The remaining children should take equal shares, so long as they are all male. But the grandchildren and sisters doe not receive any share, because there are offspring who are entitled to inherit, and these are the sons. Shaykh Waleed al-Firyaan (www.islam-qa.com) 9112: His father killed his mother; can he take the inheritance from him on the basis that it is diyah (blood money)? Question: My father murder my mother when i was very young 15 years old. Both my mother and father are kafir and i was a kafir at that time.My father never went to prison for the crime,now he is very old and may die soon.He is planning to leave me alot of money.Can i accept this money? Ca it be consider blod money? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: 198


If he is going to give it to you on the basis that it is diyah (blood money), then you should not take it, because he is a kaafir and you are a Muslim; a Muslim cannot inherit from a kaafir, and diyah is a kind of inheritance. If he is going to give it to you just to make you feel better (as a gift), then there is nothing wrong with taking it. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 7578: Can a person who is Muslim in name only be given any part of the inheritance? Question: Is it obligatory for a muslim to follow the inheritence laws in the Quran? What if some of our family members are Kuffar ( muslims who dont pray, fast etc). I’ve heard people say that the inheritence laws in the Quran should only be applied when all family members follow them. Is this true? Answer: Praise be to Allaah. No part of the religion of Allaah may be forsaken because of differences in time, place or circumstances, whether it be the laws of inheritance or anything else. These rulings apply in all times and in every place, for Arabs and nonArabs, male and female, rich and poor, nomads or citydwellers; all of them are equal in this regard. When Allaah 199


mentioned the laws of inheritance in Soorat al-Nisaa’, He said at the end of the aayah (interpretation of the meaning): “(these fixed shares) are ordained by Allaah. And Allaah is Ever All Knower, All Wise” [al-Nisaa’ 4:11] Imaam Ibn Katheer said in his commentary on this aayah: this is an obligation which Allaah has enjoined and decreed. Allaah is All-Knowing and All-Wise, Who puts things in their places and gives each person what he deserves according to his own situation. “And Allaah is Ever AllKnower, AllWise” [al-Nisaa’ 4:11]. (al-Tafseer, 1/500). Then Allaah says, concerning the rulings and amounts of inheritance (interpretation of the meaning): “These are the limits (set by) Allaah (or ordainments as regards laws of inheritance), and whosoever obeys Allaah and His Messenger (Muhammad) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success. And whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment} [al-Nisaa’ 4:13-14] In this aayah, Allaah states that not implementing the shar’i rules on inheritance is a transgression of the limits set by Allaah, and that the person who does this will abide in Hell forever and will suffer a disgraceful torment. You must realize – may Allaah bless you – that knowledge of the inheritance laws is half of knowledge, as some of 200


the scholars said. Ibn Katheer said: Ibn ‘Uyaynah said: the inheritance laws have been called half of knowledge because all people go through this. (al-Tafseer, 2/497). Secondly: If you believe that the person who does not pray is a kaafir and apostate – which is the correct view, and Allaah knows best – it is not permissible for a kaafir to inherit anything from a Muslim’s wealth, or for a Muslim to inherit anything from a kaafir’s wealth. It was reported from Usaamah ibn Zayd (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “A Muslim does not inherit from a kaafir and a kaafir does not inherit from a Muslim.” (Narrated by al-Bukhaari, 6383; Muslim, 1614). Based on the above, those who do not pray cannot inherit anything from those who pray regularly, and those who pray regularly cannot inherit anything from those who do not pray. Thirdly: You should find out whether this person who does not pray has forsaken prayer altogether, or if he prays some of the obligatory prayers and neglects others. If the latter is the case, then he is not a kaafir, because the kaafir is the person who does not pray at all. Fourthly: From the above it will be clear that upholding the limits set by Allaah with regard to inheritance is obligatory in all cases, whether all the family members accept this ruling or only some of them do so, because the ruling of Allaah is fixed and definite. At the same time we should note that everyone who does not accept the ruling of Allaah is 201


a kaafir who cannot inherit from his Muslim relative and his Muslim relative cannot inherit from him, if he dies when he still rejects the ruling of Allaah and is still a kaafir. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 6902: Writing a will to state that the estate should be divided according to sharee’ah Question: I live in a country where Islamic law does not work. Some muslims unfortunately resort to the Kuffaar law courts to settle issues including that of inheritence. In the light of this, is it possible to make a will recognized by the state and state in my will that in event of my death my estate must be distributed in accordance with the shar’ia? Answer: Praise be to Allaah. We put this question to Shaykh ‘Abd-Allaah ibn Jibreen, may Allaah preserve him, who answered as follows: If it will not be divided according to the Islamic way, then he has to do that. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 202


1511: Ruling on wills which deprive some of one’s children of their inheritance Question: I would like to know can a person cut out any of his childern from the inheritences. because their was some problems between him and his son-in-law. or use it as an excuse to cut his daughters out of the inheritences. can a person that has 10 childern .give one of them more then the other. while he is still alive put in his name a house and land and say it is not haram because it is his money and nobody has anything to do with it. Answer: Praise be to Allaah. This will is not permissible, because it goes against the teachings of sharee’ah and is contrary to the justice and fairness that Allaah has enjoined, especially among one’s children. Allaah says (interpretation of the meaning): “There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large — a legal share” [al-Nisaa’ 4:7] Then Allaah says (interpretation of the meaning); “Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and 203


the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit; (these fixed shares) are ordained by Allaah. And Allaah is Ever AllKnower, AllWise” [al-Nisaa’ 4:11] Then Allaah warns those who go against this division of legacies and play with it, by saying (interpretation of the meaning); “And whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment”[al-Nisaa’ 4:14] Whoever deprives some of his children of their inheritance, or gives some of them less than is their shar’i due, or gives some more than is their shar’i due, or includes someone who is not an heir among those who are given his legacy, is a sinner who is guilty of committing a major sin. Also, it is not permissible to make a will concerning one’s heir, because he has a share which is defined by sharee’ah. Ahmad, Abu Dawood and alTirmidhi (may Allaah have mercy on them) narrated from Abu Umaamah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has given everyone who is entitled his rights, so there is no will concerning the heir.” (Sunan al-Tirmidhi, 2046). If it is proven according to sharee’ah that one of the children is a kaafir, e.g. by the fact that he does not pray, at the time of the father’s death, then he is not an heir, 204


even if instructions to that effect are not mentioned in the will, because the Prophet (peace and blessings of Allaah be upon him) said: “The Muslim does not inherit from the kaafir and the kaafir does not inherit from the Muslim.” (Saheeh – agreed upon). With regard to giving a gift to one of one’s children and not to the others for no shar’i reason, this is haraam and is unfair, as it creates hatred in the children’s hearts towards one another. The evidence (daleel) that it is forbidden is the hadeeth narrated by al-Bukhaari and Muslim (may Allaah have mercy on them) from alNu’maan ibn Basheer (may Allaah be pleased with him), that his father came to the Prophet (peace and blessings of Allaah be upon him) and said: “I have given this son of mine one of my slaves.” The Prophet (peace and blessings of Allaah be upon him) said, “Have you given all your children a similar gift?” He said, “No.” He said, “Then take it back.” According to the version narrated by Muslim, he said: “Fear Allaah and treat your children fairly.” So my father took back his gift. According to another version, he (may Allaah be pleased with him) said: “My father took me to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, ‘O Messenger of Allaah, bear witness that I have given al-Nu’maan such-and-such of my wealth.’ He said, ‘Have you given all your children something similar to what you have given to al-Nu’maan?’ He said, ‘No.’ He said, ‘Then let someone else bear witness.’ Then he said, ‘Would you not like all your children to honour you equally?’ He said, ‘Of course.’ He said, ‘Then you should not do that.’” (Muslim, 3059). But if the gift is being given to one of the children for a shar’i reason, such as the child being poor, or in debt, or needing medical treatment, then there is nothing wrong 205


with that. And Allaah knows best. May Allaah bless our Prophet Muhammad, and grant him peace. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 3810: Her brother is going to marry a corrupt girl and his family want to deprive him of his inheritance Question: My older brother has been studying in the xxx. for approximately 7 years now.We belong to a very conservative family with strict principles. In the last year he has gotten involved(intimately) with a girl who is muslim and belongs to the same country except she is very ‘Westernised’. They have decided to get married except my parents do not agree to the marriage on the terms that the girl is not islamic i.e.she doesnt wear conservative clothing, and she drinks, etc..My parents have tried very hard to desuade my brother but he has become evn more adamant and is threatening to go ahead with the marriage whether they support him or not. Consequently my parents have threatened to cut off all ties from him, and cut off his inheritance. MY question is is my brother right to marry this girl with who he is intimately involved against my parents wishes?And is it right for my parents to disagree to the marriage on the terms i have stated and cut him off his inheritance? Answer: Praise be to Allaah. 206


With regard to the question of marriage, if you have any authority or influence over your brother and can convince him to give up the idea of marrying this woman, then remember that the Messenger of Allaah (peace and blessings of Allaah be upon him) commanded the Muslim to marry the woman who is religious. This woman is sinful and goes against the religion, she is not modest in her dress and she drinks wine, so he should not marry this woman. With regard to the issue of his disobedience towards his parents, this sin is more serious than the one mentioned above. They have told him to obey Allah and to keep away from sin, so he must obey them and avoid going against their wishes. Your family’s rejection of this marriage is quite correct according to sharee’ah, because they are enjoining what is good and forbidding what is evil, and seeking to control one who is insane. It is permissible, indeed it is necessary, to forsake him if doing so will stop him from going ahead, because marriage to this woman will keep him away from his religion. In America and in other kaafir countries there are many individuals in the Indian, Pakistani and Arab communities who have forsaken their religion and are no longer Muslim in anything but name. As regards depriving him of his inheritance, this should not be done unless he becomes an apostate (leaves Islam). So long as he is within the pale of Islam, and does not do anything to put him outside of Islam or to make him a kaafir, then it is not permissible to deprive him of his inheritance, because this is something prescribed by Allaah, and as such it is not permissible to change it. And Allaah knows best, Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 207


4030: Dividing one’s legacy and excluding a son who does not pray Question: A person is living in a kaafir country, and one of his sons does not pray at all. We know that not praying is kufr and puts a person beyond the pale of Islam. The system in that country allows a father to say before he dies how his estate should be divided. Is it permissible for him, or is it obligatory for him, to write a will with a lawyer stating that if his son does not pray, the estate will be divided and he will be left out, and the estate will be shared out according to Islamic sharee’ah among the other heirs? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied as follows: “There is nothing wrong with leaving instructions in one’s will that if this son does not return to Islam before the father dies, he will have no share of the inheritance.” Question: Can he write down specific shares with the lawyer? Answer: “He should write it down according to Islamic law, because he does not know, some of the heirs may die before him.” So he can write in his will, kept with the lawyer, that his 208


estate should be shared out according to Islamic law, and that if this son is not praying and has not returned to Islam before the father dies, he will not have any share of the inheritance. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 4089: Distribution of the estate of the father and his wife who was his business partner Question: I would like to ask a question on inheritance. If my father passed away does my mother need to distribute the wealth immediately even if all the children are Ok about her having possession on the wealth until the end of her life. Also if my mother takes her share which is half (since she was an active partner in my fathers business) and distributes the rest of my fathers wealth according to shareeah, can she gift a part of her share to any of her children. To be more specific, if she favours one child by buying him a house with her share, will that house be distributed amongst all the children after her death. How can one prove that the mother gave the house as a gift and did not leave it behing to be distributed amongst the other children. Can she add this in her will. Must all the other children agree to this agreement and sign it etc... Please let me know soon. Answer: Praise be to Allaah. 209


The basic principle concerning the estate of the deceased is that it should be shared out among the heirs after the person has died, and after the funeral expenses and any outstanding debts to Allaah (e.g., zakaah) and other people have been paid, and any specific bequests that may have been made have been dealt with. It is disliked (makrooh) to delay sharing out the estate, because of the harm that this may cause to the heirs, but if all the heirs agree to delay it, there is nothing wrong with this. If your mother was a partner in your father’s business, then she should take her share of the company, then she is entitled to oneeighth of your father’s estate, then with regard to you and your siblings, the males are entitled to the share of two females, if the deceased’s parents are no longer alive. If you and your mother want to leave everything as it is, and let the business continue operating, there is nothing wrong with this; it is clear what each person’s share is, and whenever one of you wants to ask for it, he may take it. It is not permissible for the mother to give something to one of her children and not the others, because of the hadeeth narrated by al-Nu’maan ibn Basheer (may Allaah be pleased with him), who said: “My father gave me some of his wealth as a gift, and my mother said, ‘I will not accept this until you ask the Messenger of Allaah (peace and blessings of Allaah be upon him) to be a witness to this.’ So my father went to the Prophet (peace and blessings of Allaah be upon him) to ask him to be a witness to the gift, and the Messenger of Allaah (peace and blessings of Allaah be upon him) said, ‘Have you done this for all your children?’ He said, ‘No.’ He said, ‘Fear Allaah and treat all your children fairly.’ So my father came back and took back the gift.” (Agreed upon). For more detail on this topic and answers to the rest of your question, please see Question #1151. It is not 210


permissible for a mother to bequeath anything to one of her heirs, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no bequest to the heir.” (Kashf al-Qinaa’, 4/342; Ghaayat al-Muntahaa, 2/335; al-Mughni, 5/604). If she does, her bequest should not be carried out. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 2722: Ruling on Muslims and kaafirs leaving things to one another in their wills Question: What is the ruling on a Muslim leaving something to a kaafir in his will, so long as it does not exceed one-third of the estate? What is the ruling on the opposite, i.e., can a Muslim accept money from a kaafir if he leaves it to him in his will? Answer: Praise be to Allaah. The Hanafi, Hanbali and most of the Shaafa’i fuqahaa’ are agreed that it is OK for a Muslim to leave something to a dhimmi (non-Muslim living under Islamic rule) in his will, and vice versa, so long as this is within the guidelines of sharee’ah. Their evidence for this is the aayah (interpretation of the meaning): “Allaah does not forbid you to deal justly and kindly with those who fought not against you on account of religion and did not drive you out of your homes. Verily, Allaah loves those who deal with equity.” [al-Mumtahinah 60:8]. Also, being a kaafir does not disqualify a person from ownership, and 211


as it is OK to sell to a kaafir or give him a gift, it is also OK to include him in one’s will. Some of the Shaafa’is think that it is OK only if a specific person is named, such as saying “I leave [such and such] to so and so”; but if a person says “I leave [it] to the Jews and Christians’, this is not OK because it sounds as if he is making their kufr the reason for leaving something to them. The Maalikis agree with others that it is OK for a non-Muslim to leave something to a Muslim. With regard to a Muslim leaving something to a non-Muslim, Ibn alQaasim and Ashhab said that it is allowed if it is done for a reason, such as upholding family ties, otherwise it is makrooh, and should not be done at the expense of a Muslim. No one would do such a thing except one whose faith is diseased.” (al-Mawsoo’ah al-Fiqhiyyah, 2/312) Unfortunately, nowadays we see some Muslims, especially those who are living in kaafir countries, leaving huge sums of money to Christian, Jewish or other kaafir organizations, on the basis that these are charitable, educational or humanitarian organizations and so on, but there is no way that Muslims can benefit from this. The only ones who benefit from it are the kuffar, and their hungry oppressed refugee Muslim brothers are left with no h elp or support. This is a sign of weak, diluted faith and of allegiance to and admiration of the kuffaar and their disbelieving societies. We ask Allaah to keep us safe and sound. May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 212


2261: Ruling on a Muslim taking his inheritance from a kaafir to give it in charity Question: I know that a Muslim cannot inherit from a non believer, and that a non believer cannot inherit from a Muslim. An uncle living in America has died. Aparantly I am entitled to part of the Will, which I have been told is considerable. I do not want any of it but I would prefer it goes to Muslim charities than to other non believers. Am I allowed to take it and give it away or should I not accept it at all and leave it to other relatives. Answer: Praise be to Allaah, and peace and blessings be upon the one after whom there is no Prophet. A Muslim cannot inherit from a kaafir, and a kaafir cannot inherit from a Muslim, because of the hadeeth reported in Saheeh al-Bukhaari, in which the Prophet (peace and blessings of Allaah be upon him) said: “The Muslim does not inherit from the kaafir, and the kaafir does not inherit from the Muslim.” [This applies] even if the money were to be used for the purpose of sadaqah, because of the general applicability of the hadeeth, and because the Muslim is not commanded to do something haraam in order to achieve something prescribed by Islam. And Allaah knows best. This is what Shaykh ‘Abd al-Azeez ibn Baaz said when I asked him about this matter. He said, “He should not ask for his inheritance even if he wants to give it away in charity, but if he is given the money, he can dispose of it through any charitable channel. And Allaah knows best.” 213


Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 2815: Difference of religion and its effect on inheritance Question: Can a Muslim inherit from a kaafir relative when he dies, or vice-versa? What do the Muslims say about people of different religions (other than Islam) inheriting from one another? Answer: Praise be to Allaah. Difference of religion is one of the factors which prevent inheritance. A kaafir cannot inherit from a Muslim, according to scholarly consensus, and a Muslim cannot inherit from a kaafir, because the Prophet (peace and blessings of Allaah be upon him) said: “A Muslim does not inherit from a kaafir and a kaafir does not inherit from a Muslim.” (Reported by al-Bukhaari, 6262). If a kaafir becomes Muslim before the legacy is shared out, then according to Imaam Ahmad he is allowed to inherit, to encourage him in his Islam. As regards the kuffaar inheriting from one another, according to Imaam Abu Haneefah and Imaam al-Shaafa’i, and according to one opinion narrated from Ahmad, they can inherit from one another even if they belong to different religions, because Allaah says (interpretation of the meaning): “And those who disbelieve are allies to one another…” [alAnfaal 8:73], and because despite the differences in their 214


religions and sects, they are as one in their enmity towards the Muslims. al-Mawsoo’ah al-Fiqhiyyah, 2/308 (www.islam-qa.com) 2099: Her mother died before her grandfather. Does she inherit anything from her grandfather? Question: Salaamu-Alaikum. My wife’s grandfather (from her mother’s side) left a large amount in his estate, after his death (may Allah SWT bless him). As he didn’t leave a will, the estate is being distributed amongst his children. However, my wife’s mother died before the grandfather (may Allah SWT bless them both) and left three children. Now my wife has been told by one of her aunts that according to Islamic Law, as her mother died before the grandfather she and her two brothers are not entitled to any part of the estate. Could you please state whether this is true and if not what is the right way of distributing the estate. Jazakallahulkhairun. Answer: Praise be to Allaah. Yes, what your wife has heard from one of her aunts is correct. Your wife has no right to her mother’s share of her grandfather’s estate, because your mother-in-law died before her father. She thus had no share in her father’s estate because one of the conditions of inheritance is that the heir should be alive after the death of the person from 215


whom he or she is to inherit. This condition is not met in this case, therefore your wife has nothing except her share of her own mother’s estate. The grandfather’s estate should be divided among his own heirs, so his children, for example (your wife’s maternal uncles and aunts), will be given their shares according to Islamic law, which is two shares for males and one share for females. If the grandfather left a wife behind when he died, she should be given one-eighth of the estate, and so on. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 2086: It is not permitted to deny a Muslim child his or her inheritance Question: I posed a question #1599 a few months ago concerning disinheriting ones offspring particularly if the person disobeys his/her parents in matrimonial matters. For example, if the man marries a non-Muslimah. It is a commonly held idea that a Muslim man can marry a jewish or christian. These days such a person is hard to find in the west. Religion is as distant from theses people as sun from our planet. Are today’s Catholic protestants etc. truly “People of the Book”? It is surley Haraam for a Muslimah to marry a non-Muslim man? Yet we see this is becoming a trend among many Muslim girls. May Allah protect us all. Jazakumallah. 216


Answer: Praise be to Allaah. A Muslim is permitted to marry a woman of the People of the Book, Jewish or Christian, so long as she is chaste and modest, as Allaah says (interpretation of the meaning): “…(Lawful for you in marriage) are … chaste women from those who were given the Scripture (Jews and Christians) before your time…” [al-Maa’idah 5:5]. But this is not recommended, especially for a Muslim who is living in a kaafir country under their laws and legislation. It is not permissible for a Muslim woman under any circumstances to marry a non-believer (kaafir), whether he is of the People of the Book or otherwise, chaste or not, because Allaah says (interpretation of the meaning): “… they [believing women] are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them…” [al-Mumtahinah 60:10] Today’s Christians, so long as they claim to belong to, revere and follow Jesus (‘Eesaa), are among the People of the Book, and the rulings concerning the People of the Book that are recorded in the Qur’aan and Sunnah apply to them, but at the same time we regard them as kaafirs who have gone astray. Even if a Muslim son marries a non-Muslim woman, his parents are still not permitted to disinherit him so long as he is still a Muslim and has not committed any offence which would put him beyond the pale of Islam. Anyone who does something that causes a Muslim to be deprived of his inheritance has transgressed the limits of Allaah, wronged himself and committed a grave major sin (kabeerah). Allaah rules as He wills and does as He wills. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 217


428: Inheritance from non-Muslims Question: I am a Muslim and my parents are not. They have written in their will that whatever assets they have will be divided between myself, my brother and my sister (who are also not Muslims). What is the Islamic ruling on inheritance for Muslims whose parents are non-Muslim? Answer: Praise be to Allah. A Muslim is not permitted to inherit anything of the wealth of a non-Muslim relative, as the Prophet (Peace and Blessings of Allah be upon him) said: “The believer does not inherit from a kaafir (disbeliever) and the kaafir does not inherit from a believer.” (Reported by al-Bukhaari, al-Fath 4283). According to another report, he said: “The Muslim does not inherit from a kaafir and the kaafir does not inherit from a Muslim.” (alBukhaari, 6764). The Messenger of Allah (Peace and Blessings of Allah be upon him) also said: “People who belong to two different religions do not inherit from one another.” (Reported by Abu Dawud in al-Sunan, Kitab al-Faraa’id, and deemed hasan by al-Albaani in Saheeh al-Jaami‘, 7614) - because when the ties of religion are cut, the ties of inheritance are also cut, because the former is the basis of the latter. However, if a non-believer makes a will leaving one-third or less of his wealth to his child (son or daughter), one is entitled to take it, because this is a will as opposed to inheritance according to a non-Islamic system. This difference is well-known in Islamic fiqh. 218


And Allah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 307: Rules of Erth (Inheritance) Question: Can somebody please let me know the Rules in Islam about the State and Inheritance. My father is died and he left four sons, three daughters and my mother is alive. Jazakallahulkhairun. Answer: al-hamdu lillaah. The division of the inheritance in the case you mention is as follows: An eighth of it is due to the wife, since the father had children, as indicated in the verse (intrepretation of the meaning): “And if you have children, then to them (the wives) is due an eighth of what you have left behind, after [paying] any amount specified in the will or any loans due.” (surat al-Nisaa’:12). The remaining seven-eighths (7/8) is divided into 11 equal portions. Each male among his children is entitled to two portions and each female one portion, as per Allaah’s specification (interpretation of the meaning):

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“Allaah has enjoined upon you with regards to your children that the [entitlement of] the male is twice that of the female.” (al-Nisaa’:11). For example, let’s suppose the man in question left property and wealth with a total worth of ,000, and he does not owe payment on any loans and did not specify any special requests or instructions to make particular donations in his will. Thus, the division would be as follows: For the wife, an eighth, 1/8 of 88,000 which is ,000. The remaining 77,000 is divided into 11 equal portions, 1/11 * 77,000 = ,000 So each son is entitled to two portions, or 2 * 7,000 = ,000 And each daughter is entitled to ,000. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)

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Chapter 6 Transactions Compensation 50016: Is it permissible to act as guarantor for a person taking a loan from the bank? Question: What is the Islamic ruling on acting as guarantor for a person taking a loan from the bank?. Answer: Praise be to Allaah. If this loan is riba-based (as is the case with most banks), meaning that the bank will take interest from him, then it is not permissible for you to act as a guarantor for the borrower, because by doing so you are helping the borrower and the bank to engage in riba (usury, interest), which is forbidden by Allaah and His Messenger, and which the Muslims are unanimously agreed is haraam. The scholars of the Standing Committee were asked about the ruling on sponsoring a person who wants to borrow from a riba-based bank. They replied: If the situation is as described, and the bank will charge interest on the loan, it is not permissible for the manager, the accountant or the treasurer to cooperate with them in that, because Allaah says (interpretation of the meaning): “do not help one another in sin and transgression”[alMaa’idah 5:2] 221


And it was proven that the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, and he said: “They are all the same.” Fataawa al-Lajnah al-Daa’imah, 13/410 And Allaah knows best. Islam Q&A (www.islam-qa.com) 22830: Replacing entrusted property Question: When a person is travelling from a place to another and someone gives him cash/goods to give it to someone but before the person travelling reaches his destination lost the cash/goods due to theft or some other unavoidable reason is he resposible to give back or payback the cash/ goods given to him to the person who gave him to carry on his behalf ? please kindly advise. Answer: Praise be to Allaah. When property is entrusted to a person he is responsible for it, and if that is the case then he is obliged to protect it, because Allaah says (interpretation of the meaning): “Verily, Allaah commands that you should render back the trusts to those, to whom they are due” [al-Nisa’ 4:58]

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Part of rendering back the trust is taking care of it; he must take care of it by putting it away in a suitable place. If he takes care of it by putting it away in a suitable place, and he is not negligent by either doing things that are not permitted or failing to do what he should, in this case he is not obliged to do anything. But if he is negligent and does not take care of it by putting it away in a suitable place, or he is negligent by putting it in a place where it will not be safe when he is able to put it in a safe place, or he disposes of it, or he uses it himself and so on, then after that it is stolen, then he is responsible for it. The guideline concerning that is negligence; if he is not negligent (and it is lost) then he is not responsible for it. Shaykh Dr. Khaalid al-Mushayqih. (www.islam-qa.com) 26962: She took a ring from her mother without permission and lost it Question: One day I took a ring from my mother without her knowing, and by mistake I lost it. I was looking for it and I did not tell her that I had taken it and lost it. Please note that I was only twelve years old. Now I regret it deeply and I want to expiate for my sin. What should I do? Please advise me, may Allaah reward you with good. Answer: Praise be to Allaah. You did a mistake when you took the ring without 223


permission and when you did not tell your mother after you lost it. What you have to do now is to tell your mother and ask her for forgiveness, and to compensate her with a ring like the one that she had. Because whoever takes the property of someone else without permission is a robber or one who seizes property unlawfully, and he must replace what he has taken. If this was done at a young age, below the age of adolescence, then the burden of sin is lifted, but the obligation to replace the item still remains, because the scholars have stated that a child must replace things that he has destroyed and make up for the loss in value that may have affected the things he took, then return them (to their owner). But if you think that telling her about this will most likely lead to a breakdown in relations or problem between you, then simply give her a ring, even if it appears to be a gift. And Allaah knows best. Islam Q&A (www.islam-qa.com) 13634: Rulings on destruction of property Question: What is the ruling in a case where a person destroys the property of another? Does the ruling differ according to whether that is done deliberately or otherwise? Answer: Praise be to Allaah. Allaah has forbidden aggression against people’s property and taking it unlawfully. He has prescribed that whatever 224


is destroyed unlawfully is to be replaced, even if it is destroyed by mistake. Whoever destroys the property of another person which was sacred (i.e., protected by sharee’ah), and destroys it without the owner’s permission, is obliged to replace it. Imaam al-Muwaffaq said: “We do not know of any dispute concerning this matter. It is the same regardless of whether that was done deliberately or by mistake, and whether (the person who destroyed it) was told by someone else to do it or not. The same applies if he causes it to be destroyed, such as if he opens a door and causes something which was locked up to be lost, or he tilts a vessel and allows what is inside it to flow out and be lost – he is obliged to replace it. The same applies if he loosens the reins of an animal or ties it up, and it gets lost or dies – he has to replace it. The same applies if he ties up an animal in a narrow street, resulting in a person stumbling over it and dying or being injured as a result – he is responsible for that because he transgressed the limits by tying it up in a narrow street. The same applies if he stops his car in the street resulting in another car or a person hitting it, causing harm – he is responsible because of the report narrated by al-Daaraqutni and others, which says that whoever makes an animal stop in the way of the Muslims or in one of their marketplaces, and it steps with its front or back leg on something – he is responsible. The same applies if he leaves a pile of mud or some wood or rocks in the street, or he digs a hole and that results in a passerby being killed or injured, or he throws a melon rind or similar thing into the street, or spills water and someone else slips on it and is killed or injured, the one who did that in all cases is responsible, because by doing that he was transgressing. How lightly these matters are taken nowadays. How often holes are dug in the streets and the way is blocked, and they put obstacles in the roads, and how much harm and damage results from these actions, 225


without anyone watching over such matters and putting them right, to the extent that a person may take over the entire road and use it for his own purposes, annoying and causing harm to passers-by, and not caring at all that he may be sinning by doing that. Another of the cases in which a person is held to be responsible is if he keeps a vicious dog and it attacks a passer-by or kills someone – he is held to be responsible because by keeping this dog he was transgressing. If he digs a well in his courtyard for his own purposes he is held to be responsible for any harm that this may cause, because he is obliged to maintain it in a manner that does not harm passers-by. If he leaves it without taking proper care of it, then he is transgressing. If he has livestock he has to take proper care of them at night to prevent them from damaging people’s crops; if he leaves them and they do damage someone’s crops, he is held to be responsible for that, because the Prophet (peace and blessings of Allaah be upon them) decreed that people who have property must take care of it during the day, and whatever is damaged at night, they must be compensated for that.” (Narrated by Ahmad, Abu Dawood and Ibn Maajah). So the owner of an animal is not held to be responsible any damage that was done during the day, unless he sent the animal near a place where it could do damage. Imaam al-Baghawi (may Allaah have mercy on him) said: “The scholars said that whatever is destroyed at night, the owner (of the animal) is held to be responsible for that, because customarily the owners of gardens and orchards guard them during the day, and the owners of livestock guard them at night, so whoever goes against that practice has gone against what is customary. This applies if the owner of the animals is not with them; if he is with them then he is held to be responsible for whatever damage they did.” Allaah mentioned the story of Dawood and Sulaymaan

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concerning this matter, as He said (interpretation of the meaning): “And (remember) Dawood (David) and Sulaymaan (Solomon), when they gave judgement in the case of the field in which the sheep of certain people had pastured at night; and We were witness to their judgement. And We made Sulaymaan (Solomon) to understand (the case); and to each of them We gave Hukm (right judgement of the affairs and Prophethood) and knowledge…” [al-Anbiya’ 21:78] Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: “The text of the Qur’aan praised Sulaymaan for his understanding that compensation meant replacing it with something similar. Pasturing the sheep at night means taking them out to graze at night, which took place in a vineyard. Dawood ruled that the value of what had been destroyed should be paid in compensation. He thought that the sheep were equal in value to the destroyed crops, and he wanted to give them to the owner of the cultivated field. But Sulaymaan ruled that the owners of the sheep were obliged to pay compensation, and that they should repay in kind, by tending the field until it was restored to its former state. He also took into account the benefits that would be lost whilst the field was being restored, so he ruled that the owners of the garden were to be given the livestock and that they could take what the produced until it was equivalent to the produce of the garden. They could benefit from the produce of the sheep in place of the produce of the garden which they had lost. He found that what the sheep produced during this period would be equivalent to what the garden would have produced. This is the knowledge which Allaah gave exclusively to Sulaymaan and for which He praised him.”

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If the animal is under the control of a rider or of a person who is leading it or driving it, then he is responsible for any damage that it may cause with its front legs or mouth, but not for any damage that it may cause with its back legs, because of the hadeeth, “There is no compensation for the back legs.” According to the report of Abu Hurayrah, (the hadeeth is), “There is no compensation for the back legs of a dumb animal.” The animal is described as dumb because it does not speak. Compensation here refers to compensation for damage done by the animal. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: “In the case of every dumb animal – such as cattle, and sheep – there is no compensation for damage done by the animal if it did it by itself (i.e., was not under the control of anyone), such as if it ran away from the person under whose control it was and it did some damage. No one is obliged to pay any compensation, so long as it was not vicious and its owner was not being negligent about restraining it at night or keeping it away from the markets and gathering-places of the Muslims. More than one of (of the scholars) mentioned that there is no compensation to be paid if the animal had escaped and was going by itself without anyone leading it or driving it, except in the case of savage animals.” If it attacks a human being or another animal, and the only way of warding it off is by killing it, and it is killed, then there is no obligation to pay compensation, because it was killed in self-defence, and defending oneself is permissible. So he does not have to pay compensation for the consequences and because he killed it in order to ward off its evil; if he killed it in order to ward off its evil, then the attacker is the one who has killed himself. Shaykh Taqiy al-Deen said: “He has to defend himself from the one who is attacking him, and if he can only do 228


that by killing him (the attacker), then he has the right to do that, according to the consensus of the Fuqahaa’”. Among the items for which there is no obligation to pay compensation if they are destroyed are: musical instruments; crosses; vessels for wine; books of misguidance, myths and promiscuous material, because Ahmad narrated from Ibn ‘Umar that the Prophet (peace and blessings of Allaah be upon him) told him to take a dagger then they both went out to the market of Madeenah in which there were wineskins that had been brought from Syria. (Ibn ‘Umar) tore them open in the presence of the Prophet (peace and blessings of Allaah be upon him) spilled their contents, and he commanded his companions to do likewise.” This hadeeth indicates that it is required to destroy them and that no compensation for that is due. But their destruction must be done on the authority of the ruler and under his supervision, so as to protect people’s interests and avoid mischief. From al-Mulakhkhas al-Fiqhi by Shaykh Saalih ibn Fawzan Aal Fawzaan, p. 133 (www.islam-qa.com) 6249: Ruling on raising the price of a product in order to extend the warranty Question: What is the ruling on raising the price of a product in order to extend the warranty? Answer: Praise be to Allaah. 229


put this question to Shaykh ‘Abd-Allaah ibn Jibreen, may Allaah preserve him, who replied as follows: There is nothing wrong with it if it is done with the agreement of both parties… but selling separate warranty certificates is not permitted. And Allaah knows best. Shaykh ‘Abd-Allaah ibn Jibreen (www.islam-qa.com) 3269: He stole some public property which was then stolen from him Question: A man stole something from a public facility in a kaafir country, then it was stolen from him. Does he have to repay its value? Answer: Praise be to Allaah. We put this question to Shaykh ‘AbdAllaah ibn Jibreen (may Allaah preserve him), who answered as follows: He is not liable for anything; it is sufficient for him to repent. And Allaah knows best. Shaykh ‘Abd-Allaah ibn Jibreen (www.islam-qa.com) 9234: Someone entrusted something to him in the Haram and left it behind; what should he do? Question: A haaji (pilgrim) entrusted a prayer mat to him in the Haram and said that he was going to do Tawaaf and come 230


back. He waited for him from Zuhr until after ‘Ishaa’, and he did not come. What should he do? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: He should give it in charity. Question: Is this Luqtat al-Haraam (lost property in the Haraam)? Answer: It belongs to a specific person but he is not known, so he should give it in charity on his behalf. It is not like Luqtat al-Haraam, which refers to property whose owner is not known. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 12046: He offered a financial guarantee then he died. Should his heirs pay it off? Question: He offered a financial guarantee and paid part of it, then he died. Do his heirs have to pay the rest? Answer: Praise be to Allaah. 231


We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: Yes, because this is a guarantee. Question: What if the person to whom the money is owed decides to ask for it from the person who was originally guaranteed? Answer: The person to whom the money is owed has the right to ask for it from whomever he wants. If he wants to ask the person who was originally guaranteed, he has the right to do so, and if he wants to ask the guarantor, he has the right to do that too. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 11103: Is it haraam to put a bag over the private parts of someone who suffers from incontinence? Question: What is the ruling on a person who is in ihraam and who suffers from incontinence putting something over his private parts – such as a bag – so that the najaasah (impurity) will not spread? Is this one of the things that are forbidden in ihraam? Answer: Praise be to Allaah. 232


We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah preserve him), who replied that this is not one of the things that are forbidden in ihraam. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 5428: Penalty for late payment Question: The question is, A (Muslim) father pays tution for a Muslim school, and the father is late this month. The school in return has asked the brother to pay a late fee. What is the rulling on this or on late fees in general? Answer: Praise be to Allaah. It is not permitted to delay what is due to others and take too long to pay it. The person to whom the money is owed has the right to demand his money and to cancel the contract for the remaining time. But it is not permissible for the one who is affected by the late payment to add more to the amount that he is owed, as when a person owes a payment by a specific date and does not pay it, it becomes a debt upon him. And any extra fee taken for the lateness of this debt would be considered riba and is haraam. The exception is in the case of a penalty that is stipulated as a condition in a construction contract (e.g., for lateness 233


in completing a building or structure), if both parties have agreed to that or it is imposed by a shar’i judge as a deterrent and rebuke for taking other people’s rights too lightly. . Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 7832: If a person’s haraam money is stolen, does he have to dispose of it a second time? Question: A man had some stocks and shares in a riba-based bank, from which he earned money which he took and kept in his house. A thief entered and stole the money, then the man repented. Does he have to dispose of the money a second time? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthyameen, may Allaah preserve him, who answered: No, he does not have to do anything. Question: Is that because he has repented? Answer: Yes. 234


Question: So we can say that because he has repented, he does not have to dispose of the money a second time? Answer: Yes, he does not have to do anything. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthyameen (www.islam-qa.com) 4849: Ruling on making use of and investing money with which one has been entrusted Question: Someone entrusted some money to me and I made use of this money by investing it. When the owner of the money came, I gave him all of his money, but I did not tell him how I had made use of it. Was what I did permissible or not? Answer: Praise be to Allaah. If anyone entrusts something to you, you do not have the right to use it without his permission… you have to keep it and take care of it in the manner that is usual. If you make use of it without his permission, you have to seek his forgiveness. If he forgives you, then all well and good; otherwise you have to give him the profit made with his money, or try to reach some agreement with him to take half each, or some other agreement. It is permissible to 235


make agreements and reconcile among Muslims, except for agreements that make something that is halaal haraam or vice versa. Shaykh Ibn Baaz (may Allaah have mercy on him), Fataawa islamiyyah, 3/7 (www.islam-qa.com) 4616: The owner of the goods left before taking payment Question: I bought some goods from a person on the basis that I would pay him for them afterwards. Then I travelled and when I came back, I found out that he had left, and I could not find out where he is now. I left my address with his friends, but he has never got in touch. What should I do? Answer: Praise be to Allaah. You have to ask the people who know him and make the effort to find out where he is, then send the money to him, or else go and see him and give him what is due to him, because the Prophet (peace and blessings of Allaah be upon him) said: “Every Muslim is sacred to another Muslim in his blood, his wealth and his honour.” It is not permissible for you to take the matter lightly. If you are unable to find him, then give the money in charity on his behalf, with the intention of repaying him too. If you then find him, then give him the choice between getting what is owed to him, in which case you will have the reward of giving in charity, or accepting the fact that you gave it in charity, in which case the reward will be his. Allaah says (interpretation of the meaning): 236


“So keep your duty to Allaah and fear Him as much as you can” [al-Taghaabun 64:16] “Allaah burdens not a person beyond his scope” [alBaqarah 2:286] Shaykh Ibn Baaz (may Allaah have mercy on him). Shaykh Ibn Baaz (may Allaah have mercy on him). Fataawa Islamiyyah, 3/11 (www.islam-qa.com) 4652: If something entrusted to a person is damaged or lost without any deliberate mishandling on his part, he is not obliged to provide compensation Question: I was going on a journey, and someone entrusted me with some money to give it to a relative of his. It was confiscated by the airport authorities who do not let anyone take more than a certain amount of money out of the country; they also took some of my own money. Do I have to repay the person whose money it was? Answer: Praise be to Allaah. The person to whom the money was given is a trustee, and if the money in his care was lost without any wrongdoing on his part, then he does not have to pay any compensation. If the matter is as you say, then you do not have to give him anything in return. And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions. 237


Al-Lajnah al-Daa’imah, 3/7 (www.islam-qa.com) 1822: Letters of credit Question: One of the practices which is well-known in the financial field nowadays is when a businessman wants to import a product, for example, he asks the bank for a letter of credit for a certain amount, either in his own account or from the bank itself, and the bank takes some form of payment for providing this letter of credit. What is the ruling on this? Answer: Praise be to Allaah, Lord of the Worlds. Firstly: Letters of credit may be of different types, initial or final. Either type of letter of credit may or may not be covered by the balance in the businessman’s account. If it is not covered, then the the issuer bears joint liability with the applicant with regard to current and future obligations. This is essentially what is known in Islamic fiqh as damaan (liability) or kafaalah (sponsorship or surety). If the letter of credit is covered, then the relationship between the one who is requesting it and the provider (the bank) is that of an agency. Acting as an agent is valid whether or not a fee is paid, so long as the agent relationship serves the interest of the one for whom it is done (in this case the third party from whom the good are being purchased). 238


Kafaalah (sponsorship) is a voluntary agreement whose purpose is goodwill. The fuqaha’ have stated that it is not permissible to accept a fee in return for it, because in that case when the sponsor (kafeel) receives a sum of money when the credit is paid, it becomes like a loan which brought some benefit to the lender, which is not allowed in Islam [because it is like riba or interest – Translator]. On this basis, the following is clear: Firstly: that it is not permissible to charge a fee for issuing a letter of credit – which usually takes into account the amount of money and length of time involved – whether the credit is covered or not. Secondly: charging administration fees for preparing either type of letter of credit is permissible, so long as the amount charged does not exceed what is usual, whether the letter of credit is wholly or partly covered. In evaluating the administration fee for issuing a letter of credit, it should be taken into account what is actually involved in doing so. And Allaah knows best. Qaraaraat Majma’ al-Fiqh al-Islami, p. 25. (www.islam-qa.com) 24: Returning stolen property that has depreciated or become obsolete Question: A man works in an air transport company. He steals a tape-recorder. After many years he repents. Now, should he return the same transistor radio, or a similar model or its equivalent price, especially considering that the original model is not sold in the markets now? 239


Answer: He must return the same piece along with an additional amount equal to the reduction in its value that has resulted due to its usage or the course of time. Of course it is to be accomplished in a suitable manner without causing himself harm. However if that is impractical or infeasible then he can give in charity an equivalent amount in the name of the original owner. Excerpts from the book “I would like to repent BUT...” (www.islam-qa.com) 21: Returning stolen money when amount unknown Question: I used to steal money on and off from my father’s pocket. Now I do not know how much I stole, nor can I admit to him now. What shall I do? Answer: Try and estimate to the best of your memory the total amount you have stolen, and return it. And there is no harm if you return it as secretly as you took it. Excerpts from the book “I would like to repent BUT...” (www.islam-qa.com) 23: Returning stolen money when profits have been made from it Question: I swindled some money from some orphans. Then I 240


invested it in a trade and it proved to be very profitable so that it came back to me manifold. But fear of Allah has overtaken me and I want to repent. How do I do it? Answer: The scholars have expressed different opinions. The moderate and most just opinion is that you return the entire original sum to the orphans plus half of the profits, as if you and they had been partners with their capital and your labor, hence the division. This ruling has come from Imam AHED. It is also the opinion of Ibn Taymiyya which his pupil Imam Ibn ulQayyim prefers. This also applies to the situation in which you have rustled a cattle which gives birth to calves. The cattle must be returned and the calves must be split. If the original cattle dies then its price plus half of its calves must be returned. Excerpts from the book “I would like to repent BUT...” (www.islam-qa.com) 98: Returning stolen money when owner not reachable Question: I stole from certain people. Now I have repented, but I do not know where they live. Perhaps another may say,” I embezzled some money from a firm which has closed up its business.” Or yet another person may say,” I pilfered some material from an establishment which has shifted its premises.” What shall I do now? Answer: In all these cases it is incumbent upon you to search for 241


them to the extent of your means. If you find them, return them their right. If the owner or owners have died, then their right should be returned to their immediate kin. However, if you cannot locate them, then spend in charity equal amounts on their behalf. Allah will give them the reward of this charity. And if they are unbelievers, Allah will compensate them in some way or other in this world itself, since there are no rewards for the unbelievers in the Hereafter. This is similar to the story that Ibn ul-Qayyim has written in his Madarij Al-Salikin (1/388). He states that a soldier of a Muslim regiment ghalla [i.e., stole from al-ghaneema (the war spoils)]. Then, after some time, he repented and took with him what he had stolen and reported to the commander of the regiment. But the commander refused to accept it back saying, ‘And how do I return this to the soldiers [seeing that they have dispersed].’ The man then went to a scholar - Hajjaj bin al-Sha’ir [seeking his advice]. He [Hajjaj] told him: ‘Listen! Allah knows the army involved and each soldier’s name and lineage. Send one fifth of the amount to the one whose right is one-fifth (this is in reference to bait ul-maal, or the central depository in the Islamic government which contains money to be spent in charity, and which receives onefifth of all spoils of war), and spend the rest in charity in their name and Allah will give convey it to them.’ The man did so. And when the news reached Mu’awiyya bin Sufyan [who was then the khalifa], he said: ‘That I had been the man who gave that ruling, is dearer to me than half of what I rule over.’ Imam Ibn Taymiyya has also given a similar ruling. (See Madarij) Excerpts from the book “I would like to repent BUT...” (www.islam-qa.com) 242


Chapter 7 Transactions Borrowing & Lending 50016: Is it permissible to act as guarantor for a person taking a loan from the bank? Question: What is the Islamic ruling on acting as guarantor for a person taking a loan from the bank?. Answer: Praise be to Allaah. If this loan is riba-based (as is the case with most banks), meaning that the bank will take interest from him, then it is not permissible for you to act as a guarantor for the borrower, because by doing so you are helping the borrower and the bank to engage in riba (usury, interest), which is forbidden by Allaah and His Messenger, and which the Muslims are unanimously agreed is haraam. The scholars of the Standing Committee were asked about the ruling on sponsoring a person who wants to borrow from a riba-based bank. They replied: If the situation is as described, and the bank will charge interest on the loan, it is not permissible for the manager, the accountant or the treasurer to cooperate with them in that, because Allaah says (interpretation of the meaning): “do not help one another in sin and transgression”[alMaa’idah 5:2] 243


And it was proven that the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, and he said: “They are all the same.” Fataawa al-Lajnah al-Daa’imah, 13/410 And Allaah knows best. Islam Q&A (www.islam-qa.com) 49015: Ruling on lender accepting a gift from the borrower Question: Someone borrowed some money from me, and he gave me a gift before he paid back the loan. What is the ruling on my accepting this gift?. Answer: Praise be to Allaah. If the person who borrowed from you was in the habit of giving you gifts before the loan, such as if he was a friend or relative of yours etc, then there is nothing wrong with your accepting the gift in that case, because it had nothing to do with the loan. But if this person was not in the habit of giving you gifts, it is not permissible for you to accept it, because it may be because of the loan, and if you accept it you may fall into riba (usury), because the basic principle regarding loans is that “Every loan which brings a benefit is riba,” and this loan will have brought you a benefit. See questions no. 30842 and 39505.

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Also: he may be giving it to you to make you agree to delay asking for repayment, which is also a kind of riba. This is indicated by the report narrated by Ibn Maajah (2432) from Yahya ibn Abi Ishaaq who said: I asked Anas ibn Maalik: What if man gives his brother a loan, then (the borrower) gives him a gift? The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “If any one of you borrows something then he gives (the lender) a gift or gives him a ride on his riding-beast, he should not accept the gift or the ride, unless they used to treat each other in that manner beforehand.” Classed as hasan by Shaykh al-Islam Ibn Taymiyah in al-Fataawa alKubra, 6/159. Ibn Sireen narrated that ‘Umar (may Allaah be pleased with him) lent Ubayy ibn Ka’b (may Allaah be pleased with him) ten thousand dirhams, and Ubayy ibn Ka’b gave him a gift of some fruit from his land, but he returned that to him and did not accept it. Ubayy came to him and said: “The people of Madeenah know that I grow some of the best fruit and I have no need of it, so why did you refuse my gift?” Then later on he sent him (some fruit) and he accepted it. Ibn al-Qayyim said: ‘Umar refused it because he thought that the gift was because of the loan. When he realized that it was not because of the loan, he accepted it. This is the decisive answer concerning the issue of accepting a gift from a debtor. Al-Bukhaari narrated in his Saheeh (3814) that Abu Burdah said: I came to Madeenah and met ‘Abd-Allaah ibn Salaam (may Allaah be pleased with him). He said to me: “You are in a country where the practice of Riba (i.e. usury) is prevalent; so if somebody owes you something and he sends you a present of a load of chopped straw or a load of barley or a load of fodder then do not take it, as it is Riba.” 245


This view was narrated from several of the Sahaabah. Ibn al-Qayyim said in I’laam al-Muwaqqi’een (3/136): It was narrated from more than one of them (i.e., the Sahaabah) – such as Ubayy ibn Ka’b, Ibn Mas’ood, ‘AbdAllaah ibn Salaam, Ibn ‘Umar and Ibn ‘Abbaas – that they forbade the lender to accept a gift from the borrower, and they regarded accepting it as riba. Al-Shawkaani said in Nayl al-Awtaar (6/257): The point is that if gifts, loans etc are given for the sake of delaying payment of the loan, or as a bribe to the one who gave the loan, or so that the one who gave the loan will benefit as a result of his loan, that is haram, because it is a kind of riba or bribe. But if that is because the lender and borrower used to do that before this loan, then there is nothing wrong with it. If that is not done for any obvious purpose then it seems that the general prohibition should apply in this case. Some of the scholars are of the view that it is permissible for the lender to accept a gift from the borrower, but it is better not to do so, to be on the safe side. Ibn al-Qayyim said in I’laam al-Muwaqqi’een (3/136): The Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the way of his companions is more deserving of being followed. I say: Is there any other solution apart from refusing the gift or falling into riba? The answer is: Yes. If you insist on accepting the gift, you have two choices: you can respond in kind, giving something of equal or greater value, or you can regard it as part of the debt and waive the value of the gift from the amount owed. 246


Sa’eed ibn Mansoor narrated in his Sunan from ‘AbdAllaah ibn ‘Umar that a man came to him and said: I lent money to a man whom I do not know and he gave me a valuable gift. He said: Give his gift back to him, or count it as part of the repayment. Sa’eed ibn Mansoor also narrated that Saalim ibn Abi’lJa’d said: A man came to Ibn ‘Abbaas and said: I lent twenty dirhams to a man who sells fish and he gave me a fish which I estimated was worth thirteen dirhams. He said: Take seven dirhams from him. See al-Fataawa al-Kubra by Ibn al-Qayyim, 6/159. Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’ (9/ 61): If someone were to say: So long as this is haraam, why shouldn’t he just give it back in the first place? We say: because he may feel too shy or embarrassed to return it, or he may hurt his companion deeply if he gives it back. So we say: Take it, and plan to repay him with a gift of equal or greater value, or to deduct its value from the loan. There is nothing wrong with this. What we have stated above about it being haraam applies if the gift is given before the loan is paid off. If it is given after the loan is paid off, there is nothing wrong with accepting it. Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’ (9/ 59): If he is given a gift shortly after the loan is paid off or a long time after that, it is permissible. See al-Mughni, 6/437; al-Sharh al-Mumti’, 9/59-61. Islam Q&A (www.islam-qa.com) 247


45687: He is embarrassed to return the money to his neighbour because it is such a small amount Question: When I was young, about 11 or 12 years old as I remember, I used to take public transportation to and from school. One day I found that I had lost my money and all I had left was not enough to pay my fare. I was 5 Egyptian pennies short of the fare, which is the smallest coin in Egyptian currency. A person who lived in my neighbourhood but whom I do not know personally and he does not know me gave me enough money to pay my fare and get home, and said I could pay him back later. Now a lot of time has passed but he has not come to take anything from me. Now I am 18 years old. Is this regarded as a debt that I must repay or not? Please note that I feel embarrassed to go to him and give him this money because it is such a small amount, after such a long time. May Allaah reward you with good. Answer: Praise be to Allaah. Usually when a person gives such a small amount of money he gives it as a gift, not as a loan, which is why he did not come to take it back. Perhaps he told you that he would come to take it back so that you would not feel embarrassed, and so that you would take this money from him and not refuse. You should respond to his kindness in like manner, and reciprocate either by giving him a gift or making du’aa’ for him, etc. You could also – so as to overcome the feelings of shyness – go to him and greet him with salaam and ask him how he is, and tell him that you have not forgotten what he did for you in the past, 248


and thank him for it; you can tell him that you still owe him this money and that the only thing that kept you from returning it was embarrassment. If he lets you off, then praise be to Allaah, otherwise you can repay him. This is a kind of calling people to Allaah, which lets you address the importance of people’s rights and paying them off no matter how much they are. And Allaah knows best. May Allaah make you more keen to do good and more honest, and help you to do all that is good. Islam Q&A (www.islam-qa.com) 23388: Paying interest because of inflation is riba Question: I know that taking interest is haraam,but I would like to know what does islaam say about taking interest based on inflation.For example,if you borrow 50 pounds and you want to return the 50 pounds in 5 years time,the value of the 50 pounds that you borrowed would be higher in 5 years time.Therefore you payback the equivalent amount to the 50 pounds that you borrowed.I ask this question because I want to know if it is allowed for me to take out a student loan which has interest based on inflation. Answer: Praise be to Allaah. Firstly: If you borrow 50 pounds from a person or an institution 249


for a period of five years, you have to pay back this amount in the same currency, even if its value goes down (because of inflation), so long as transactions in this currency are still valid. We have already explained in Question no. 12541 that paying extra on a loan because of devaluation of the currency is haraam and is regarded as a kind of interest. This is the view of the majority of fuqaha’. Secondly: Whoever takes a loan in one currency and agrees to pay back in another, has fallen into riba, because what he has really done is to sell one kind of currency now in return for another currency to be paid later on. This is haraam and is one of the two kinds of riba which is called riba alnasi’ah. But the borrower may agree with the lender – at the time of repaying the loan – to hand over the money in a different currency. In the example referred to above, when five years have passed and you have to pay back 50 pounds, you can agree with the lender – on the day of paying back – to give him the equivalent in another currency, such as dollars, but that is subject to the condition that it be at the exchange rate that is current on the day you pay it back. Thirdly: With regard to taking a loan with interest based on inflation. We have already stated that paying interest on a loan to make up for inflation is haraam, and that it is a kind of riba. Based on this, it is not permissible for you to take this loan, because the Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it. He said: “They are all the same.” Narrated by Muslim, 1598. 250


And Allaah knows best. Islam Q&A (www.islam-qa.com) 9419: He borrowed from his wife and wants to take a second wife Question: I have been married to my husband for 11 years and in that time he has borrowed from me 40,000 SR which he has signed a paper of debt with me to pay it back. My question is, he has been talking about getting married which I know costs alot and I would like my money returned if he has the means to get married he should repay me first. What is my right in this?. Answer: Praise be to Allaah. There is nothing to stop a wife asking for her money back from her husband. This is a right that belongs to her. But we would like to point out a few things. 1 – A wife should not make things hard for her husband just because he wants to take a second wife. The basic principle is that people – above all husbands and wives – should cooperate in righteousness and piety, and should not make things difficult for a person who seeks something that is permissible. 2 – The owner of the money should not ask for it back from a debtor who is in difficulty. Allaah says (interpretation of the meaning): “And if the debtor is in a hard time (has no money), then grant him time till it is easy for him to repay” [al-Baqarah 2:280] 251


3 – It is not permissible for a debtor who has the money to pay off his debt to delay paying it off. The Prophet (peace and blessings of Allaah be upon him) said: “The rich person who delays paying back a loan is a wrongdoer.” Narrated by al-Bukhaari, 2166; Muslim, 1564. 4 – We do not think that the husband should use his wife’s money to take a second wife, because this is upsetting to her. He has to pay back the money to his wife, then if he has enough left to get married, he may do so, otherwise he should not. And Allaah knows best. Islam Q&A (www.islam-qa.com) 8995: Workers “pooling” money Question: A friend whose words I trust in sha Allah told me that Shaykh Ibn Baaz (may Allaah have mercy on him) said in one of his lessons that it is haraam for people to “pool” their money. How true is this?. Answer: Praise be to Allaah. What is well known is that Shaykh ‘Abd al-‘Azeez ibn Baaz said that it is permissible for people to “pool” their money, but some of the scholars disagreed with him, such as Shaykh Saalih al-Fawzaan who said that such transactions are haraam in his book al-Bayaan li Akhta’ Ba’d al-Kuttaab (p. 377-380). 252


The Council of Senior Scholars issued a statement on the ruling on this “money-pooling”, the text of which is as follows: Praise be to Allaah, the Lord of the Worlds, and complete and perfect blessings and peace be upon the best of all of mankind, Muhammad, and upon his family and companions and those who follow his guidance until the Day of Judgement. In its thirty-fourth session, held in the city of al-Taa’if from 16/2/1410 AH to 26/2/1410 AH, the Council of Senior Scholars examined the requests for fatwas submitted by some employees, teachers and others, to the President of the Ministry for Academic Research and Issuing Fatwas and Da’wah and Guidance, which were passed on by His Excellency to the Council for a ruling on workers “pooling” their money and the way in which this is done, which is that a number of people who usually work in one place, such as a school or department, etc., all agree to pay an equal amount of money at the end of the month, then the entire amount is given to one of them; the following month the amount is given to another one, and so on until each one of them has received the same amount as the others, no more and no less. The committee also examined a study prepared by Shaykh ‘Abd-Allaah ibn Sulaymaan al-Munayyi’ concerning the ruling on loans which lead to benefits, then they discussed the issue, and the majority of the council decided that there was no reason to disallow this kind of transaction, because the benefits gained by the lender do not detract from the money of the borrower, rather the borrower benefits equally because all of the participants benefit and none of them is adversely affected or gains more than another. There is nothing in the pure sharee’ah that forbids benefits in which no one is adversely affected, rather it prescribes such things. 253


And Allaah is the Source of strength. May Allaah send blessings upon our Prophet Muhammad and upon his family and companions. The Council of Senior Scholars, Majallat al-Buhooth alIslamiyyah, 27/349, 350 With regard to Shaykh Ibn Baaz (may Allaah have mercy upon him), he issued a fatwa stating that these “money pools” are permissible. He was asked about the ruling on them and said: There is nothing wrong with that. It is a loan in which there is no condition that one person benefits more than another. The Council of Senior Scholars looked into that and decided by a majority vote that that is permissible because it benefits all participants and no one is adversely affected. … and Allaah is the Source of strength. Fataawa Islamiyyah, 2/413. Islam Q&A (www.islam-qa.com) 14032: Giving a gift when returning something borrowed Question: A friend of mine lent me a sewing machine. I’d like to thank her for lending me by making something on the machine for her, or buying something for her to tell her thanks. IS this considered a branch of Riba? Answer: Praise be to Allaah. This is counted as a gift in return for the favour that your 254


friend did for you, in appreciation for her kindness. It is not ribaa, rather your doing that is part of the Sunnah. It says in a saheeh hadeeth that Ibn ‘Umar said: “The Messenger of Allaah SAWS (peace and blessings of Allaah be upon him) said: ‘If someone does you a favour then give something in return, and if you cannot find anything then make du’aa’ for him until you feel satisfied that you have done something in return.’” (Narrated by al-Nasaa’i, al-Zakaah, 2520; classed as saheeh by alAlbaani in Saheeh Sunan al-Nasaa’i, no. 2407). And Allaah says (interpretation of the meaning): “Is there any reward for good other than good?” [al-Rahmaan 55:60] Al-Bukhaari narrated that Abu Hurayrah (may Allaah be pleased with him) said: “The Prophet SAWS (peace and blessings of Allaah be upon him) owed a camel of a certain age to a man, who came to ask for it back. The Prophet SAWS (peace and blessings of Allaah be upon him) told his companions to give to him. They looked for a camel of the same age but they could find only a camel which was a year older. The Prophet SAWS (peace and blessings of Allaah be upon him) told them to give it to him. The man said, ‘You have paid me in full and may Allaah pay you in full.’ The Prophet SAWS (peace and blessings of Allaah be upon him) said, ‘The best among you is the one who pays his debts in the most handsome manner.’” (al-Istiqraad wa Sadaad al-Dayoon, 2393). Ibn Hajar said: the point here is that the Prophet SAWS (peace and blessings of Allaah be upon him) gave the owner of the camel more than he was entitled to. This is an example of the good attitude of the Prophet SAWS (peace and blessings of Allaah be upon him) and his great kindness, humility and fairness. This is utterly different 255


to the idea of lending money with the condition that it be paid back with interest, which is the essence of ribaa. And Allaah is the source of strength. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 7309: Ruling on taking an interest-free loan from the bank with which his company does business Question: A company has dealings with one of the banks, and this bank agrees to make interest-free loans to employees of the company,asking for a part of the employee’s salary to be transferred to them in repayment. Is it permissible for the employee to take this loan from this bank? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: There is no reason why the employee should not take this loan from this bank, so long as the loan is interest-free. Muhammad ibn Saalih al-‘Uthaymeen (www.islamqa.com) 3685: He took a loan with riba before becoming Muslim – how should he pay it off now? Question: If one has a student loan with riba that was taken before 256


accepting Islam, is he/she obligated to repay this loan since riba is involved? JazakAllahu khairan. Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows: It was reported that the Prophet (peace and blessings of Allaah be upon him) addressed the people on the day of ‘Arafaah, and said: “The riba of the Jaahiliyyah is cancelled.” This was in spite of the fact that these contracts had been made during the time of Jaahiliyyah and before the ruling on riba was established. If it is possible for him not to pay the interest on the loan, then he should not pay it, but he should not make a gain twice. The Muslim judge or leader should take the amount he was supposed to pay in riba and give it in charity or put it in the bayl al-maal (Islamic treasury). Question: You said, “he should not make a gain twice.” What does this mean? Answer: The first gain was when he benefitted from the money that he took from the bank, for example. The second gain is the interest which, if he does not pay it to the bank, he will have made a second gain… But still, he should not pay it to the one who loaned him the money on the basis of interest. For example, if he borrowed a million and owes interest of one hundred thousand, do we say pay back the million and keep the hundred thousand? No, we 257


say pay back the million but do not give the hundred thousand to the usurer, and do not keep it for yourself as a profit or gain… Put it in the bayt al-maal or give it in charity. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 9664: He took out a loan with interest for his friend, then he repented. What should he do? Question: He took out a loan with interest in his name for his friend, as a way of helping his friend – as he thought. Now he has repented, so does he have to transfer the debt to his friend’s name? Answer: Praise be to Allaah. We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who replied as follows: If it is possible, then he should do that, lest he be considered to approve of this, and lest he continue to help his friend deal with ribaa. And Allaah knows best. Shaykh Muhammad ibn Saalih al-‘Uthaymeen (www.islam-qa.com) 2379: Repaying an interest-based loan on behalf of one who has passed away Question: MY FATHER PASSED AWAY LAST YEAR, AND 258


BEFORE HE DIED HE BORROWED A LOT OF MONEY BECAUSE HE NEEDED THIS MONEY FOR URGENT THINGS AND HE BORROWED WITH RIBA, BUT HE COULDN’T GIVE ALL PEOPLE THIS MONY BACK SO, WHAT CAN WE DO IF WE -HIS SONS- we don’t have this amount of mony at moment, please reply me as soon as possible because I worry about this matter. thanks. Answer: Praise be to Allaah. You should try to pay off your father’s loan as an act of respect and kindness (birr) to him. Try also to repay only the original amount that your father borrowed, without paying any extra interest, and advise the creditors to take only the original amount. There is nothing wrong with negotiating with them about this, so long as they receive their original loan and they neither treat others unjustly nor are themselves treated unjustly. Pray for forgiveness and mercy for your deceased father. IslamQ&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)

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Islam Questions & Answers www.islam-qa.com 2128: Buying a house through the bank Question: Assalaam ‘alaikum wa rahmatullaahi wa barakaatuhu. Innal hamdalillaah was-salaat was-salaam ‘alaa rasoolillaah. Is it permissible to obtain a fixed rate mortgage from a british bank in order to purchase a house. jazakallaahu khairaan wasalaam Answer: Praise be to Allaah. If the bank owns the house, then it is permissible for it to sell it to you for a fixed price, whether payment is deferred or made in installments, even if this will cost more than paying the full price for it immediately. This is according to the more sound opinion among the scholars. But if the bank is involved in this transaction as the supplier or lender of funds, which you then have to repay with some extra, then this is clearly an interest-based transaction, which is undoubtedly haraam. It may be almost impossible to avoid interest-based transactions when dealing with real estate in many countries, and one may hardly be able to find any halaal 260


alternative, but the Muslim must bear this with patience and seek out halaal means. Allaah says (interpretation of the meaning): “… And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (of every difficulty). And He will provide for him from (sources) he could never imagine. And whosoever puts his trust in Allaah, then He will suffice him. Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure for all things.” [al-Talaaq 65:2-3] May Allaah bless our Prophet Muhammad. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 824: What should a person who borrowed with interest(Ribba) do? Question: Salam Brother, My question is; how does one purify himself or his place of business from things that may have occurred prior to knowledge that it was haram? For example, I own clothing stores, but have financed this business via moneys borrowed and paid interest upon. To this day I am using a bank where I have a loan and pay interest on it. Also in the past I had a business that did not succeed, and was forced into bankruptcy, which meant that there were many people and businesses that were left unpaid, what is my Islamic duty in that case? I did make a sincere effort to pay all that I could but after the business went bad was not able to repay them. 261


Answer: It is wajib that you repent for each loan involving interest you took. The Prophet (peace and blessings of Allah be upon him) cursed all involved in the interest, the recipient, the sponsor, and the one eating and the feeding it, as stated in the authentic hadith. The Prophet (peace and blessings of Allah be upon him) said, “The gold for the gold, the silver for the silver, wheat for wheat, barley for barley, date for date, salt for salt, similar for the like, and hand in hand. So whoever adds or seeks to add, then he has used riba. The recipient and the giver of the transaction are the same”. (Reported by Muslim, #1584.) On the authority of Jabir (may Allah be pleased with him) who said that the Messenger of Allah (peace and blessings of Allah be upon him) “cursed the one who consumes interest, the one giving it, the one bearing scroll, and the two witnesses to it”. He said (peace and blessings of Allah be upon him), “they are all equal.” (Muslim narrated it.) If a Muslim wants to partake in a specific affair and he doesn’t know it’s ruling, then it is upon him to ask before he gets involved in it. Ignorance isn’t an excuse for each and every situation. As far as the loans you borrowed, you are obligated to return the initial money borrowed only. If you are forced to pay riba, and that is the added amount with no way out, then we hope that you do your best in repenting to Allah to pardon you. We also hope that you remain consistent in your business and give sadaqa with what you are able to, in order to purify yourself and your wealth. We ask Allah to enrich us with His halal and to avoid His haram. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 262


244: Profit and salaries made from a business financed with interest Question: As Salam aliakum I have purchase a business ( Dry Cleaners ) and we have borrow some money from Credit Cards, on which we are paying interest. My question is , is the money we are making and paying off our Debts is Hilal or Haram, plus the profits. Second thing, i am working their too and i take salary, is that Halal ? Thank u,,,, Answer: Borrowing with interest is considered one of the greatest of the major sins (al-kabaa’ir). The Prophet (Peace Be Upon Him) has cursed those who consume interest, and those who pay it. Borrowing money with interest is considered as peddling in it as the borrower pays it to the borrower. Whoever does this is to repent and express remorse, and he is to try as much as he can to return only the principle he borrowed without the interest, advising the person who lent him the money against this practice. If he cannot, as in the case of borrowing from interestbased banks, which rarely forgive but rather get back their dues even if by force, he is to return the principle plus the interest offering repentance to Allaah at the same time. Whatever the borrower has bought or developed in terms of legitimate and Islamically-permitted business based on the borrowed money, can remain in his possession. He is allowed to continue his enterprise and profit from it, 263


paying sadaqah at the time on a frequent basis to purify his business and himself of the misdeed he has committed. Those who work in businesses functioning on money borrowed using interest for which they are not responsible can continue to work in such enterprises as long as the nature of the business is halaal and legitimate such as a Laundromat, etc. Allaah the Most Knowledgeable knows what is most correct and best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 227: Performing aqeeqah for oneself and older children, and borrowing for it Question: Assalam’alaicum wa rahmatoullahi wa barakatouh I heard a muslim brother and a imam saying that: a) People who have children and embrace islam should make a ‘aqiqa for them (the children), no matter how old they are and also one for themselves because their nonmuslim parents did not make one for them; b) Making a ‘aqiqa is so important that if one doesn’t have the money to make it, he should borrow that money. However, they didn’t give any references to prove what they said. What is the truth? Answer: wa aliaikum us-salaam wa-rahmat ullaahi wa-barakaatuh. al-hamdu lillaah. (a) Jumhoor al-ulemaa’ (vast majority of the scholars) 264


agree that the aqeeqa is a sunnah mustahabbah for those who are capable of doing it and can afford it. Among its benefits are breaking the influence of the shaitaan on the new-born. It is also permissible for a Muslim to make an aqeeqah for himself if his parents did not perform it for him. Similarly, he can do it for his children even if it is after many years if he didn’t do it when they were young. Refer to the book “Tuhfat ul-Mawdood bi-Ahkaam ilMawlood” by Imam Ibn ul-Qayyim, Chapter 6: “The Aqeeqah and its Rulings”, Part 19: “The Ruling for One Whose Parents Did Not Perform an Aqeeqah—Should He Perform one on His Own Behalf?” for more details. It is mentioned there that Ismaa’il ibn Sa’eed al-Shaalanji asked (Imam) Ahmed regarding a man whose father informed him that he did not perform an aqeeqah on his behalf—should he perform it on his own behalf? He said, “That is the father’s duty.” ... and it was said, “Should one perform an aqeeqah on his own behalf as an adult?” ... and I saw that it is preferrable if an aqeeqah was not performed as a child then it should be performed as an adult, and (Imam Ahmed) said: “If someone does that I would not discourage it or regard it as reprehensible.” (b) It is not mandatory for a person to take a loan in order to spend on an aqeeqah. However, if he does it then it would be considered commendable as per Imam Ahmed’s opinion. It was related by Abi il-Harith that he asked Abu Abdullah regarding one who doesn’t have enough to perform an aqeeqah; Imam Ahmed said, “If he borrowed for it I hope Allaah would reward and provide for him by virtue that he has observed a sunnah.” Refer to “Tuhfat il-Mawdood,” same chapter, Part 11: 265


“Regarding Borrowing for an Aqeeqah and its Rulings and Benefits.” Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)

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Chapter 8 Transactions Gambling 42567: Ruling on participating in pension plans Question: I live in England and the government deducts a certain amount of money every month from my salary for it to count towards my pension when I retire. What is the ruling on this form of pension? There is also the option of applying for a private pension with a private company, whereby they also take a certain amount of money from you every month and they invest it and then give you a pension after you retire at the age of 60 or 65. What is the ruling on this form of pension? May Allah SWT bless you. Answer: Praise be to Allaah. Participating in pension plans other than those organized by the government is a kind of gambling, because a person may contribute to the scheme for a number of months, then become disabled or die, so he and his heirs may get much more money than was taken from them, or he may pay many installments then what he takes from them is less than what he paid. This is gambling. For more details please see the questions on insurance on this site. If they are investing the money deducted in haraam things 267


such as making alcohol, or in riba-based loans, this is another reason to regard this as haraam, because that is helping them in sin and transgression. This applies if your participation in this scheme is voluntary. It is not permissible to participate in it in this case, and whoever gives up something for the sake of Allaah, Allaah will compensate him with something better than that. But if participation is compulsory, then there is no sin on you, but it is not permissible for you or your heirs to take more than was taken from you. You can leave the rest, or take it and donate it to charitable causes. With regard to participating in the government pension plan, this may not come under the same ruling, in the sense that the government or treasury (bayt al-maal) is responsible for spending on the people if they need that. And Allaah knows best. Shaykh Muhammad Saalih al-Munajjid (www.islam-qa.com) 20962: Ruling on playing pool billiards and the loser paying for the table rental Question: We play pool billiards sometimes for fun, and play loser pays, meaning whomever loses has to pay the fee for the table rental? Is this halal?. Answer: Praise be to Allaah. 268


Firstly: Anyone who looks at the state of youth today will see that most of them are not serious and have no interest in acquiring beneficial knowledge or seeking halaal provision. They waste their time with things that are not useful, which causes psychological and physical problems. One of the salaf passed by some people who were playing and said: “I wish that time could be bought with money, then I would buy these people’s time!” Yes, for those great men, the hours of the day were not enough for research, study and serious work; they used to sleep and eat less so that they would not be wasting time. Now we see the youth, unfortunately, wasting the best years of their life with play and leisure. We do not want our young brothers to regard as forbidden the kinds of leisure and play that Allaah has permitted them, but we wish that this would not be the thing with which they are preoccupied night and day, and that they would look for a game that will benefit them mentally and physically and help them develop their skills. Secondly: Playing pool billiards in clubs is not permissible, not because the game itself is haraam, rather because these clubs involve many haraam things such as swearing, neglecting prayer and gambling, and playing in them involves keeping quiet about evil with no need to stay in these places. As for playing this game in places where no evil things are present, there is nothing wrong with that, but that is subject to conditions, for example: 269


1. There should be no betting. 2. There should be no swearing, name-calling, mockery or hatred. 3. It should not lead to missing obligatory duties such as prayer, seeking knowledge, and looking after one’s family, teaching them and disciplining them. We have mentioned above that most of the fuqaha’, including Shaykh al-Islam Ibn Taymiyah, regarded chess as haraam, and that those who allowed it did so only if these conditions are met. When we think about youth and the way they play, we will see that these conditions are hardly ever met. Shaykh al-Islam Ibn Taymiyah said concerning chess – and his words may be applied to pool billiards and other games that young people play today –: … What is meant is that when chess distracts people from their duties, whether inwardly or outwardly, then it is haraam according to scholarly consensus. The fact that it distracts people from fulfilling their duties properly is so obvious as to need no explanation. The same applies if it distracts people from duties other than prayer, such as taking care of oneself or one’s family, or enjoining that which is good and forbidding that which is evil, or upholding the ties of kinship, or honouring one’s parents, or fulfilling one’s duties with regard to public office, etc. It rarely happens that a person involves himself with these games and they do not distract him from some duty. It should be noted that there is scholarly consensus on the prohibition in such cases. Similarly if the game involves something that is haraam or leads to something haraam, then it is haraam according to scholarly consensus, such as if it involves lying, false oaths, cheating, or wrongdoing or helping in wrongdoing. That is haraam according to 270


the consensus of the Muslims, even if it is in a race or contest, so how about if it is chess or dice and the like? The same applies if it involves some other kind of evil, such as getting involved in something that may lead to immorality, or cooperating in aggression etc, or if the game attracts too many people which leads to neglecting an obligatory duty or doing something haraam. This kind of game and others like it are things that the Muslims are agreed are haraam. Majmoo’ al-Fataawa, 32/218 Secondly: With regard to the loser being the one who has to pay the table rent, this is a kind of gambling, which is haraam because Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and AlAnsaab, and AlAzlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Shaytaan (Satan) wants only to excite enmity and hatred between you with intoxicants (alcoholic drinks) and gambling, and hinder you from the remembrance of Allaah and from AsSalaah (the prayer). So, will you not then abstain?” [al-Maa’idah 5:90-91] The basic principle is that the rental of this game – if it is free of haraam elements – should be paid by all the players. But the players agree that the loser will pay for himself and others, and the winners will not have to pay anything, this is what is called sabaq (prize money, winnings) and it is like betting on the game. This is not permissible according to sharee’ah, except where that has been 271


narrated in a text in cases having to do with developing skills that are useful for jihad, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no sabaq except in archery, horse-racing and camel-racing.” Narrated by al-Tirmidhi, 1700; classed as saheeh by alAlbaani in Saheeh al-Tirmidhi. That applies only to archery competitions and horse and camel racing, and the scholars drew analogies to other skills that are useful in jihad. Some also allowed competitions having to do with Islamic knowledge, because that is supporting Islam, like jihad with the sword, if not more so. The scholars of the Standing Committee were asked about playing Foosball (table soccer) and the ruling on the loser paying for the game. They said: If the game mentioned involves images or figures for playing with and the loser pays the cost of using the game, then this is haraam for a number of reasons: 1 – This game is a kind of idle entertainment that causes the player to waste his free time and to miss neglect many of his worldly and religious interests. Playing this game may become a habit and a means that leads to worse things than that, such as forms of gambling. Everything that is like that is falsehood and is haraam according to sharee’ah. 2 – Making and keeping images and figures is a major sin, because of the saheeh ahaadeeth in which Allaah and His Messenger (peace and blessings of Allaah be upon him) warn those who do that of Hell and a painful torment. 3 – It is haraam for the loser to pay the cost of using the game, because this is extravagance and a waste of money by spending it on idle entertainment. Rental of the game is an invalid transaction and the owner’s earnings in this 272


case are haraam and earning money by invalid means. So this is a major sin and a form of gambling, which is haraam. Fataawa Islamiyyah, 4/439 And Allaah knows best. Islam Q&A (www.islam-qa.com) 4013: Wisdom behind the prohibition on gambling Question: What is the wisdom behind the Islamic prohibition on gambling? Answer: Praise be to Allaah. Gambling is haraam because Allaah has forbidden it, and He rules as He wills. Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), gambling, al-Ansaab [sacrifices for idols, etc.] and al-Azlaam [arrows for seeking luck or decision] are an abomination of Shaytaan’s handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Shaytaan wants only to excite enmity and hatred between you with intoxicants (alcoholic drink) and gambling, and hinder you from the remembrance of Allaah and from alsalaat (the prayer). So, will you not then abstain?”[alMaa’idah 5:90-91] 273


With regard to the wisdom behind this prohibition, any wise person will see that there are many reasons for it, including the following: Gambling makes a person rely on accidents, luck and wishful thinking for his earnings, instead of hard work, the sweat of his brow and paying respect to the ways prescribed by Allaah. Gambling destroys families and causes the loss of wealth through haraam means. It makes rich families poor and humiliates proud souls. Gambling results in enmity and hatred among the players, because they are consuming one another’s wealth unlawfully and getting wealth unlawfully. Gambling turns people away from the remembrance of Allaah and from prayer, and pushes the players to have the worst of attitudes and habits. Gambling is a sinful hobby that wastes time and effort, and makes people get used to laziness and idleness. It stops the ummah from working and producing. Gambling pushes people to commit crimes because the one who is penniless wants to get hold of money in any way he can, even if he has to steal it or take it by force, or through accepting bribes and cheating. Gambling causes stress, illness and nervous breakdowns. It breeds hatred and in most cases leads to crime, suicide, insanity and chronic illness. Gambling pushes the gambler to bad behaviour such as drinking alcohol and taking drugs. The atmosphere in which gambling takes place is dimly lit and filled with cigarette smoke; people talk in hushed voices and whispers, and sneak in and out as if they are up to no 274


good. They come in hesitantly, filled with suspicion, and gather around the green table, breathing uneasily and with their hearts pounding. They are supposed to be friends playing a game, but in reality they are enemies, each of them lying in wait for the other and trying to make gains at the expense of the other and his children. The owner of the place tries to numb the feelings of all participants by offering dreamy music, fallen women, all kinds of drinks and cigarettes. The green table is surrounded with cheating and deception. The waiters and girls may tell one player about another player’s cards, helping one player to beat another by means of nods and whispers. Sometimes they achieve a kind of balance to make sure the game carries on and people stay for longer. No doubt everyone loses in the end, they lose the money they spend on drinks and cigarettes, the money they give to the waiters, the money they spend on drinks for the girls, and all kinds of other losses. Even the one who wins all or most of the games loses all or most of his winnings, and the loser loses everything. And at the end of the night, they all sneak away, showing the signs of depression and humiliation, and the loser warns the winner to look out the next day. (Ahmad Shalabi, al-Hayaat al-Ijtimaa’iyyah fi’l-Tafkeer al-Islami, p. 241) How many families have become poor because of gambling? How many mouths have gone hungry, how many bodies have become naked or been clothed in nothing but rags? How many marriages have failed, how many jobs have been lost, because of a person who stole money to support his gambling habit? How many men have sold their religion and honour at the gambling table? Gambling destroys everything, even when the aim is money. It includes wine, smoking, bad company, darkness, confusion, cheating, hatred, watching for opportunities to take advantage of others, deception and all other kinds of evil.(Qadaayaa al-Lahw wa’l-Tarfeeh, p. 388) 275


We ask Allaah to keep us safe and sound. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 10510: Repenting from gambling Question: I have gambled a lot. How can I repent from that? Answer: Praise be to Allaah. You have to give up gambling straight away and keep away from the people who do it, from the places where it happens and from gambling machines. You have to regret what has happened in the past, and resolve not to return to it. You also have to give in charity, because it was narrated by Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever swears and says in his oath ‘By al-Laat and al-‘Uzza,’ let him say ‘Laa ilaaha ill-Allaah (there is no god but Allaah).’ And whoever says to his companion, ‘Come on, let’s gamble,’ let him give in charity.” Al-Nawawi said: the scholars said, he enjoined charity as an expiation for the sin of speaking these words. AlKhattaabi said, What it means is that he should give in charity the amount that he wanted to gamble. Al-Nawawi said, the correct view is that which was stated 276


by the scholars, and which is the apparent meaning of the hadeeth, that it does not have to be this specific amount, but that he should give in charity whatever he can, of things that are counted as charity. This is supported by the report which says, “Let him give something in charity.” Al-Mawsoo’ah al-Fiqhiyyah , vol. 39, p. 407 (www.islamqa.com) 6476: Buying lottery tickets Question: Does buying lottery tickets fall into the category of gambling which is haram? What response would you give to people who claim to be only occassional gamblers? Answer: Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked: “Are the lotteries or raffles which some charities organize to raise funds for their activities in the educational, medical or social work fields, permissible according to sharee’ah?” He answered: Lotteries and raffles are other names for gambling, which is haraam according to the Qur’aan and Sunnah, and the consensus of the scholars. Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al Ansaab (stone altars for 277


sacrifices to idols, etc.), and Al Azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Shaytaan (Satan) wants only to excite enmity and hatred between you with intoxicants (alcoholic drinks) and gambling, and hinder you from the remembrance of Allaah and from As Salaah (the prayer). So, will you not then abstain?” [al-Maa’idah 5:90-91] It is not permissible for the Muslims to engage in any kind of gambling at all, whether the money collected from gambling is to spent on charitable projects or otherwise, because it is evil and forbidden, as indicated by the general meaning of the evidence (daleel), and because the earnings derived from gambling are among the kinds of earnings which we must avoid and beware of. And Allaah is the Source of strength. (Fataawa Islamiyyah, 4/442) Shaykh Muhammad al-Saalih al-‘Uthaymeen was asked: What is the ruling on taking part in lotteries, which means that a person buys a ticket and if he is lucky he gets a lot of money, knowing that this person intends to use that money for Islamic projects and to help the mujaahideen so that they will benefit from that? He answered: What the questioner describes, where a person buys a ticket then if he is lucky – as he says – he gets a lot of money, comes under the heading of gambling, of which Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al Ansaab (stone altars for sacrifices to idols, etc.), and Al Azlaam (arrows for seeking luck or decision) are an abomination of 278


Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Shaytaan (Satan) wants only to excite enmity and hatred between you with intoxicants (alcoholic drinks) and gambling, and hinder you from the remembrance of Allaah and from AsSalaah (the prayer). So, will you not then abstain? And obey Allaah and the Messenger (Muhammad), and beware (of even coming near to drinking or gambling or Al Ansaab, or Al Azlaam) and fear Allaah. Then if you turn away, you should know that it is Our Messenger’s duty to convey (the Message) in the clearest way” [alMaa’idah 5:90-91] This gambling – which is any transaction in which a person may win or lose, and he does not know whether he will be a winner or a loser – is all haraam. Indeed, it is one of the major sins, and its abhorrent nature is no secret when one realizes that Allaah mentions it in conjunction with idol-worship, alcohol and azlaam (arrows for seeking luck or decision). Whatever benefits may be hoped for from gambling pale into insignificance beside the harm that it causes. Allaah says (interpretation of the meaning): “They ask you (O Muhammad) concerning alcoholic drink and gambling. Say: ‘In them is a great sin, and (some) benefits for men, but the sin of them is greater than their benefit.’” [al-Baqarah 2:219] Think about this aayah, where benefits (manaafi’) are mentioned in the plural, and sin (ithm) is mentioned in the singular. Allaah did not say, “In it are many sins and (some) benefits for men”, rather He said (interpretation of the meaning): “a great sin”. This is an indication that 279


the benefits, no matter how numerous they may be, are insignificant when compared with this great sin; the great sin far outweighs them. So its sin is greater than its benefits, no matter what they are. (Fataawa Islamiyyah, 4/441) With regard to a person’s saying that he only gambles occasionally, this is like one who says that he only commits adultery occasionally, or he only steals occasionally, or he only lies occasionally. Does the fact that he commits that haraam action only rarely means that it is not a sin and that he is not exposed to the wrath of Allaah? How does he know that this rare action will not develop into something that is done more frequently, until it becomes a habit? In fact this is what usually happens, especially in the case of those who are afflicted by gambling. He should fear Allaah and abstain from that which Allaah has forbidden to him. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 1806: Obtaining a discount card in return for paying a certain amount Question: In some bookshops there are advertisements for a scheme whereby the customer pays a set amount of money each month and gets two things: he will be supplied with new books in a specific area of interest, such as fiqh, etc, and he will get a 10% discount if he wants to buy books from these stores. What is the ruling on this? 280


Answer: Praise be to Allaah. This is a kind of gambling, concerning which Allaah says (interpretation of the meaning): “O you who believe! Intoxicants (all kinds of alcoholic drinks), gambling, al-ansaab (stone altars for making sacrifices to idols, etc.) and al-azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s handiwork. So avoid (strictly all) that (abomination)…” [al-Maa’idah 5:90] Gambling means everything that involves one side trying to take advantage of the other, so that one will be the winner and the other will be the loser. This is the shar’i ruling on gambling. So a man who pays 500 riyals every month, for example, may buy books for which his discount adds up to more than a thousand riyals, or he may not buy anything at all. If we suppose that he buys things for which the discount adds up to more than five hundred riyals, then he will be the winner, and the storekeeper will be the loser; if he does not buy anything, then the storekeeper will be the winner and the man will be the loser, because he paid 500 riyals and did not get anything in return. This transaction is a kind of gambling and is not permissible. Liqa’ al-Baab al-Maftooh, Ibn ‘Uthaymeen, 52/68. (www.islam-qa.com) 11139: He lives in a house that his father bought through ribaa and gambling Question: The house that I live in with my family was bought by 281


my father by bank and insurance company shares and their dividents (hence haram source). Is it permissible for me to live in it. If the answer is NO, then can I pay them rent on a reasonable basis. Answer: Praise be to Allaah. If you can do without living there, then that is better. Otherwise, there is no sin in benefitting from it, and there is no need to pay rent etc., but you should advise your father to put right this wrong and to avoid these evil sources of earning. Shaykh Waleed al-Firyaan (www.islam-qa.com) 1749: Ruling on players contributing money towards buying prizes for the winner Question: What is your opinion on holding soccer tournaments where each team pays a sum of money as a subscription, and this money is spent on buying prizes which will be given to the winners and referees? Answer: Praise be to Allaah. What we think is that there are some reservations about giving prizes for games. These games are permissible so long as there is nothing haraam involved in them, such as uncovering ‘awraat, distracting people from their salaah, or players swearing at one another, all of which is haraam. If there is nothing haraam involved, then they are permissible and there is nothing 282


wrong with them. But this taking contributions from all participants and giving it to the winner is not permissible, because the Prophet (peace and blessings of Allaah be upon him) said, “There should not be any prizes except for archery, camel-racing or horse-racing.” (Reported by Abu Dawood, no 2574; al-Tirmidhi, no. 1700; al-Nisaa’i, no 3586, 3587; Saheeh al-Jaami’, no. 7498). An exception is made for these three activities because they help in jihaad for the sake of Allaah. Taking prizes in any other kind of contest is haraam, but some scholars such as Shaykh al-Islam Ibn Taymiyah said that there is nothing wrong with betting in matters of shar’i knowledge, because shar’i knowledge is a kind of jihaad for the sake of Allaah. Jihaad for the sake of Allaah includes jihaad with weapons and jihaad with knowledge. But we think that what is mentioned in the question is not permissible. And Allaah knows best. Liqa’ al-Baab al-Maftooh by Ibn ‘Uthaymeen, 59/211 (www.islam-qa.com) 751: Why adultery, gambling and the flesh of swine are haraam Question: Why are adultery, gambling, eating the flesh of swine forbidden in Islam or consedered “haram”? Answer: Even though we find it strange that a Muslim would ask such a question about matters which are so clear and undisputed, the answer is simply that these things are haraam because Allaah, Whom we must obey, has 283


forbidden them. He tells us in the Qur’aan (interpretation of the meanings): “And come not near to unlawful sexual intercourse. Verily, it is a faahishah (a great sin) and an evil way.” [al-Israa’ 17:32] “He has forbidden you only the maytatah (dead animals), and blood, and the flesh of swine…” [al-Baqarah 2:173] “O you who believe! Intoxicants, gambling, al-ansaab [stone altars for sacrifice to false gods], and al-azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Shaytaan wants only to excite enmity and hatred between you with intoxicants and gambling, and hinder you from the remembrance of Allaah and from al-salaah. So, will you not then abstain?” [al-Maa’idah 5:90-91] So we must avoid all that which Allaah has forbidden, out of faith in His laws, in the hope of His reward and in fear of His punishment. We must also believe that Allaah does not forbid anything in Islamic sharee’ah except that which is harmful and corrupt, whether we understand this rationally or not, because He says (interpretation of the meaning): “And no, by your Lord, they can have no Faith, until they make you (O Muhammad) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.” [alNisaa’ 4:65] Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com). 284


Chapter 9 Transactions Rulings on lost property 10284: He found a sheep in the desert – what should he do with it? Question: I found a lost sheep in the wilderness – what should I do with it, especially since if I keep it until I find its owner I will have to pay for its food and I may not find its owner. Answer: Praise be to Allaah. If a person finds a lost sheep, then he should take it and do whatever is best, whether that is eating it and estimating its value, or selling it and keeping the money, or keeping it for the prescribed period of time whilst trying to find its owner. Leaving it and not taking it exposes it to destruction. Then if its owner comes along, the person can either return it or pay him its value or the price he got for selling it. If the owner does not show up, then it belongs to the one who found it. Tayseer al-‘Allaam Sharh ‘Umdat al-Ahkaam, p. 775. (www.islam-qa.com) 8109: He found a watch in Makkah and he picked it up and left Question: When I went for Hajj, I found a watch in a washroom in 285


Makkah. I forget and took it, then I went to Mina, ‘Arafah and Muzdalifah. Then someone told me that there are places where found items may be handed in, but I wasn’t able to reach them. What should I do with the watch? Answer: Praise be to Allaah. You have to send it to the court in Makkah and tell them that you found it on such-and-such a day in such-andsuch a place. From the fatwas of Shaykh Muhammad ibn Saalih al‘Uthaymeen, in Majallat al-Da’wah, issue no. 1823, p. 54. (www.islam-qa.com) 4603: He found some money whilst travelling Question: A good man was travelling and he found an amount of cash on the road, but could not find the owner. He is asking what he should do with it. Answer: Praise be to Allaah. He has to make announcements about it in the places where people gather in the cities or towns at either end of the route where he found the money, and elsewhere (for example, he can put announcements in gas stations and police stations along the route), and wherever he thinks the owner may live. If a year goes by without him finding 286


the owner, the money becomes his and he can keep it until he finds the owner, or he can give it in charity on his behalf. If he finds the owner after that, he should tell him what he did. If the owner accepts that he gave it in charity, that is fine, but if he objects then the finder should compensate him, and then he (the finder) will have the reward for giving charity. Or the finder can keep it with the rest of his money and give it back to the owner when he finds him. Al-Lajnah al-Daa’imah Fataawa Islamiyyah, 3/9 (www.islam-qa.com) 4588: Lost property in the Haram (the sanctuary in Makkah) Question: One of the children picked up a lost watch in the Haram in Makkah, and has kept it with him until now, a period of more than four years. What should he do with it? Should he take it back to the Haram, or give its value in charity to one of the poor after checking what it is worth with a watch-seller? May Allaah reward you with the best reward. Answer: Praise be to Allaah. In the case of property lost in the Haram, it is not permissible for anyone to take it except the one who identifies it (the owner), because the Prophet (peace and blessings of Allaah be upon him) said: “Anything that is dropped there is not permissible for anyone except the owner who identifies it.” (Agreed upon) 287


The person mentioned has to return the property in question to the Supreme Court in Makkah to that they can hand it over to the committee responsible for property lost in the Haram. Thus he will free himself from blame, so long as he also repents to Allaah for his shortcomings if he did not announce the lost property in the past. And Allaah is the source of strength. Shaykh Ibn Baaz (may Allaah have mercy on him). Fataawa Islamiyyah, 3/10 (www.islam-qa.com) 4046: Lost property should be announced for one full year Question: I found some lost gold and sold it, and gave the money in charity. My intention if I find the owner and he does not like what I did is to give him the value of the gold, because I found it in the middle of a big city. Is there any sin on me for what I did? Answer: Praise be to Allaah. What you and anyone else who finds valuable lost property should do is to announce it for one full year in the places where people gather, two or three times each month. If it is identified by the owner, then hand it over to him, otherwise the finder can keep it after one year, because the Prophet (peace and blessings of Allaah be upon him) gave instructions to this effect. An exception is made in the case of lost property found in Al-Haramayn (Makkah and Madeenah) – the finder cannot keep it, and 288


it should be announced indefinitely until its owner is found, or the finder can hand it over to the authorities in charge of the Haramayn so that they can keep it for the owner, because the Prophet (peace and blessings of Allaah be upon him) said concerning Makkah, “Property lost in Makkah is not permissible for anyone except its owner.” And the Prophet (peace and blessings of Allaah be upon him) said: “I have made Madeenah sacred just as Ibraaheem made Makkah sacred.” The authenticity of the Hadeeth is agreed upon. But if the property is of insignificant value and the owner will not be bothered about it, such as a rope or shoelace or a small amount of money, then the finder does not have to announce it, and he can make use of it or give it in charity on behalf of the owner. This does not apply in the case of lost camels and other animals that are safe from small predators such as wolves etc.. It is not permissible to keep these animals, because the Prophet (peace and blessings of Allaah be upon him) said to the one who asked him about that: “Leave it alone, for it has its feet and its water, and it can eat the trees until it finds its owner.” (Agreed upon). And Allaah is the source of strength. Shaykh Ibn Baaz (may Allaah have mercy on him) Fataawa Islamiyyah, 3/8 (www.islam-qa.com) 4050: He found an amount of cash in the Haram (in Makkah) Question: We went for Hajj and whilst we were in the Haram, I 289


found a wallet containing a sizeable amount of money. What should I do with it, especially since my time in Makkah is limited? Answer: Praise be to Allaah. The scholars differed with regard to lost property found in the Haram: is it like lost property found elsewhere, which the finder may keep after announcing it and looking for its owner for one year, or can it never become the property of another? Some scholars said that the finder can keep it because of the general meaning of the hadeeth; others said that he cannot keep it, and the search to identify the owner should continue indefinitely, because the Prophet (peace and blessings of Allaah be upon him) said concerning Makkah, “It is not permissible for anyone to keep lost property found there except the one who claims it by identifying it properly.” Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) favoured the latter opinion, and said: “He should not keep it at all, because that is forbidden, and it should be announced indefinitely in a search to identify the owner.” This is the apparent meaning of the report which says it is forbidden. Al-Mulakhkhas al-Fiqhi by Saaalih al-Fawzaan, 150. For more information, please see Question # 5049 Shaykh Ibn ‘Uthaymeen was asked the following question: is it permissible for me to pick up lost property in Makkah and take it and announce it in the area where I live, or do I have to announce it at the doors of the mosque and market-places etc. in Makkah itself? He answered, may Allâh preserve him: the case of lost property in Makkah is unique in that it is not permissible for anyone to pick it up except the one who wants to 290


announce it indefinitely or hand it over to those who are in charge of such things, because the Prophet (peace and blessings of Allaah be upon him) said, “It is not permissible to pick up lost property except for the one who wants to announce it.” The reason behind this is that if the lost property is left where it is, its owner will probably come back and find it. On this basis, we say to this brother: you have to announce it in Makkah, in and around the place where you found it, such as at the doors of the mosque and in places where people gather, otherwise you should hand it in to those whose job it is to take care of lost property etc. Fatawa Islamiyah, 2/311. And Allâh knows best. Fatawa Islamiyah, 2/311. (www.islam-qa.com) 4051: A young child picked up a piece of gold that had been lost Question: We were at the sea-side and my son brought me something shiny that turned out to be a piece of gold. What should we do with it? Answer: Praise be to Allaah. If a young child or a person who is insane finds something that has been lost, and picks it up, then his guardian should take on the responsibility of identifying its owner in his place. The guardian should take it because they are not qualified to be entrusted with it or to take care of it. If he leaves it in their hands and it gets damaged, he will be held responsible because he neglected it. If the guardian (of the child or insane person) 291


announced it and tried to identify the owner, and nobody comes forward to claim it, then it belongs to the child or insane person, as is the case of the adult or sane person [who finds lost property]. For more details on the rulings pertaining to lost property see Question # 5049 Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)

5049: Rulings on lost property (al-luqtah) Question: My question is: What is the ruling on finding money on the street, is one allowed to keep it? Answer: Praise be to Allaah. This question has to do with al-luqtah, which is one of the categories of Islamic jurisprudence or fiqh. Al-luqtah is property that has gone missing from its owner. This pure religion teaches that property is to be protected and preserved, and that the property of the Muslim is sacred and is to be protected. This includes al-luqtah or lost property. If property goes missing from its owner, it has to be one of the following three scenarios: The first scenario: it is something to which most people would not attach much value, such as a whip, or a loaf of 292


bread, or some fruit, or a stick. In these cases, the person who finds the property may keep it and use it without having to announce it, because of the report narrated by Jaabir, who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) made exceptions in the case of a stick or a whip or a rope that a man picks up.” (Reported by Abu Dawood). The second scenario: (animals) that are unlikely to be harmed by small predators, either because of their size, such as camels, horses, cattle and mules, or because they can fly, like birds, or because they move swiftly, like gazelles, or because they can defend themselves with their fangs, like leopards. This is the category which it is haraam to keep. These things do not become the property of the finder after he announces it for a year, because when the Prophet (peace and blessings of Allaah be upon him) was asked about a lost camel, he said: “What has it got to do with you? It has its water, it can walk to find water and it can eat trees until its owner finds it.” (Agreed upon). ‘Umar said, “Whoever takes a lost animal is misguided” i.e., he is a sinner. The Prophet (peace and blessings of Allaah be upon him) ruled in this hadeeth that the lost animal should not be taken, it should be left to find its own water and to eat from the trees until its owner comes across it. This also applies to large implements, such as big pans, wood, iron and anything that can be left alone without getting damaged. Such things can hardly be lost and cannot move from where they are, so it is haraam to take them just as it is haraam to take lost large animals, and in fact it may be more haraam to do so. The third scenario: any other kind of lost property, such as money, luggage, and any animals that need to be protected from small predators, such as sheep, young camels and calves. If the one who finds them can trust 293


himself not to harm or damage these things, then it is permissible for him to pick them up. These things are of three types: The first type: animals that are eaten, such as young camels, sheep, chickens, The one who finds these must do what is in the best interests of the owner, which may be one of three things: He can eat it, in which case he owes the price of the animal straight away. He may sell it and keep the price of it to give to the owner once he has claimed it by describing the animal. He may keep it and spend on it from his own wealth, but he does not own it, and he can claim back what he has spent on it if the owner comes and claims the animal back, because when the Prophet (peace and blessings of Allaah be upon him) was asked about the sheep, he said: “Take it, because either it is for you, or your brother, or the wolf.” (Agreed upon). The meaning is that the sheep is weak and is vulnerable to attack, so either you take it, or your brother takes it, or the wolf will eat it. Ibn al-Qayyim said in his discussion of the hadeeth: “This includes permission to take lost sheep, and if the owner of the sheep does not come to claim it, then it belongs to the one who found it. Then he has the choice to eat it immediately, and then he will owe the price of it, or he can sell it and keep the price, or he can keep it and spend on it from his own money. The scholars agreed that if the owner comes before the finder eats it, he has the right to take it.” The second type: things that could become spoiled, such as watermelons and fruits. The finder in this case should do what is in the owner’s best interests, whether this is 294


eating it and paying for its value, or selling it and keeping its price until the owner comes. The third type: all other kinds of wealth that are not covered by the first two types, such as money and vessels. All of these must be kept as a trust and announcements should be made in the places where people gather. It is not permissible for anyone to pick up any kind of lost property unless he can be sure that he will deal with it properly and that he is able to make the necessary announcements, because of the hadeeth of Zayd ibn Khaalid al-Juhani (may Allaah be pleased with him), who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) was asked about lost gold and silver. He said, ‘Know the details of the purse and the string, then announce it for a year. If no one claims it, then dispose of it, and it is like a trust in your hands. Then if the owner comes along some day, give it to him.” He was asked about the sheep, and he said, “Take it, because either it is for you, or your brother, or the wolf.” He was asked about lost camels, and he said, “What has it got to do with you? It has its water, it can walk to find water and it can eat trees until its owner finds it.” (Agreed upon). The meaning of the phrase “Know the purse and the string” refers to the kind of purse or wallet that money is kept in and the way it is fastened or tied up. The meaning of the phrase “then announce it for a year” is that it should be mentioned to people in the places where they gather, such as in market places and by the doors of the mosque etc. “A year” means for one full year. In the first week after it is found, it should be announced every day, because it is more likely that the owner will come in that first week. After that it should be announced as often as is customary among the people.

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This was the method of announcing lost property in the past. Nowadays people should make lost and found announcements in whatever way is appropriate. What matters is achieving the desired result, so one must do whatever it takes to return property to its rightful owner. The hadeeth indicates that it is obligatory to know exactly what the lost property is. The phrase “Know the purse and the strings” indicates that it is obligatory to know what it looks like, so that if the owner comes and describes it properly, it can be given to him, but if his description is at odds with the true description, then it is not permissible to give it to him. The phrase “If no one claims it, then dispose of it” indicates that the finder takes possession of the property after one year has passed and after announcing it, but he should not dispose of it before he knows exactly what it is, i.e., until he knows “the purse and the string”, and he knows its value, nature and description. If the original owner comes along some time later, and describes it accurately, he should then give it to him, because the Prophet (peace and blessings of Allaah be upon him) said: “If someone comes looking for it some day, then give it to him.” The above discussion makes it clear that there are certain obligations with regard to lost property: When it is found, the finder should not take it unless he is certain that he can be trusted to keep it and is able to make the necessary announcements until he finds the owner. Whoever does not feel that he can trust himself to do this is not allowed to pick it up. If he does pick it up, then he is like one who takes something wrongfully, because he took the property of someone else in a manner that is not permissible, and because by taking it he is causing the property of another person to be lost. 296


Before he takes it, he must be sure of its exact details, by knowing its “purse and string”, and its value, type and appearance. What is meant by its “purse” is knowing the appearance of the container it is in, whether it is a bag or a cloth, and what is meant by its “string” is what it is tied up with, because the Prophet (peace and blessings of Allaah be upon him) commanded this, and a command implies that something is obligatory. It must be announced for a whole year, every day in the first week and then as frequently as is customary. In such announcements one can say for example, “Who has lost something?” and so on. The announcements should be made in places where people gather, such as in marketplaces or at the doors of mosques at prayer time. Announcements should not be made in the mosques themselves, because the mosques are not built for that, and the Prophet (peace and blessings of Allaah be upon him) said: “Whoever hears a man making an announcement about lost property in the mosque, let him say, ‘May Allaah never return it to you!’” If someone comes looking for it and describes it properly, it must be given to him without asking him for proof or to swear an oath, because of the command of the Prophet (peace and blessings of Allaah be upon him) to that effect, and because his precise description is sufficient in the place of proof or an oath. Indeed, his description may be more clear and more honest than proof or an oath. He should also be given any increase, whether attached or separate. But if he is not able to describe it, then it should not be given to him, because it is a trust in the hands of the finder, and it is not permissible for him to give it to someone who cannot prove that he is the owner. If the owner does not come forward after it has been announced for an entire year, it becomes the property of the finder, but before he disposes of it he must be sure of 297


its exact description, so that if the original owner comes along some day and describes it, he can give it back to him if it is still there, or he can give him something else if it is no longer there, because his possession of it is limited and expires when the original owner comes along. Note: it is part of the Islamic teachings on lost property that we should understand how Islam pays attention to the issue of ownership and the sanctity of the Muslim’s property. From all of this we learn that Islam urges us to cooperate in goodness. We ask Allaah to help us all to stand firm in Islam and to die as Muslims. From al-Mulakhkhas al-Fiqhi by Shaykh Saalih ibn Fawzan Aal Fawzaan, p. 150. (www.islam-qa.com)

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Chapter 10 Transactions Illegitimate children 33020: He found a baby and adopted him – what is the ruling? Question: My father found a baby at the top of a mountain and saved his life. My mother looked after him and her breasts started producing milk without her having a child of her own, so she breastfed him for two years. The child grew up and was brought up with us, and my father gave him his name. My father and mother have both died, and my father left instructions in his will that this boy should inherit along with us. Is it permissible for him to inherit along with us, and what is the ruling on his relationship with the women of our family?. Answer: Praise be to Allaah. Firstly: Your father and mother are to be thanked for what they did, taking care of this foundling until he grew up. Secondly: Radaa’ah or the breastfeeding that makes the child a mahram means giving five or more feedings within the first two years of the child’s life. If your mother breastfed 299


this child in this manner, then he becomes a son for her and her husband through breastfeeding, and he becomes a brother to all their children through breastfeeding. Allaah says (interpretation of the meaning): “Forbidden to you (for marriage) are: your mothers, your daughters… your foster milk suckling sisters” [al-Nisa’ 4:23] “The mothers shall give suck to their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling” [al-Baqarah 2:233] And it was proven that the Prophet (peace and blessings of Allaah be upon him) said: “Relations through radaa’ah (breastfeeding) makes all those things unlawful which are unlawful through corresponding birth (blood) relations (i.e., prohibited marriages).” Narrated by Maalik, 2/601; a similar version was narrated by al-Bukhaari, 3/149; Muslim, 2/1086. And it was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: “One of the things that was revealed in the Qur’aan was that ten recognized breastfeedings makes all those things unlawful which are unlawful through corresponding birth (blood) relations, then that was abrogated and replaced with a verse that mentioned five, and the Messenger of Allaah (peace and blessings of Allaah be upon him) passed away when that was the ruling.” Narrated by Maalik, 2/608; Muslim, 2/ 1075 It should be noted that what is considered to be one breastfeeding is when the child takes hold of the nipple and sucks milk from it; if he lets go, then comes back and sucks more milk, this is a second breastfeeding, and so on. 300


Thirdly: It is not permissible for the child mentioned to take your father’s name as if he is one of his sons. Fourthly: The child mentioned cannot inherit from your father, because he is not one of his heirs. Fifthly: If it is proven that your father left one-third or less of his estate to the child mentioned, there is nothing wrong with that; you may also keep in touch with him and treat him kindly, for Allaah will never cause the reward of those who do good to be lost. And Allaah is the Source of strength. Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta’, 16/11. (www.islam-qa.com) 33853: Will foundlings go to Hell? Question: Does the hadeeth “All flesh that grew from haraam, the Fire is more suited for it” apply to foundlings?. Answer: Praise be to Allaah. The hadeeth mentioned is general with regard to consuming haraam things, and it is one of the ahaadeeth that contain a warning. It does not include foundlings at 301


all, because the foundling has committed no sin, so neither he nor anyone else can be held to account for the sin of another. Allaah says (interpretation of the meaning): “no bearer of burdens shall bear the burden of another” [al-An’aam 6:164] Standing Committee for Academic Research and Issuing Fatwas, 16/8 (www.islam-qa.com) 5201: The difference between sponsoring orphans and adopting them Question: Many refugees are entering the USA from Kosova, they may be sponsored by christain organizations. Some brothers want to sponsor the orphans by allowing them to live in their homes and feeding them. A scholar here said that it is Haraam to adopt someone in Islaam, and he discouraged the people from sponsoring the orphans. My question is, doesn’t Islaam allow us to adopt the orphans, only that the orphan does not change his last name, nor is he considered the child of the one adopting him. Answer: Praise be to Allaah. There is a difference between adoption and sponsoring orphans. A – Adoption means that a man takes an orphan and makes him like one of his own children and calling him after him, so that the orphan is not allowed to marry one of the man’s mahrams; so the sons of the adoptive father are regarded as brothers of the orphan and his daughters are 302


regarded as his sisters, and the adoptive father’s sisters are regarded as his paternal aunts, and so on. This was one of the things that were done during the first Jaahiliyyah, and some of the Sahaabah carried the names of their adoptive fathers, as in the case of al-Miqdaad ibn al-Aswad whose real father’s name was ‘Amr, but he was called ibn (son of) al-Aswad, after the man who had adopted him. This continued into the early days of Islam, until Allaah forbade that, according to a well-known story. Zayd ibn Haarithah was called Zayd ibn Muhammad, and he was the husband of Zaynab bint Jahsh, then Zayd divorced her. It was narrated that Anas said: When Zaynab’s ‘iddah came to an end, the Messenger of Allaah said to Zayd ibn Haarithah, “Go and tell her about me (that I want to marry her).” So he went to her and found her kneading dough. He said, “O Zaynab, good news. The Messenger of Allaah wants to marry you.” She said, “I will not do anything until I consult with my Lord.” Then she got up and went to her prayer-place, then the Messenger of Allaah (peace and blessings of Allaah be upon him) came and entered upon her. Concerning this, Allaah revealed the words (interpretation of the meaning): “And (remember) when you said to him (Zayd bin Haarithah the freedslave of the Prophet) on whom Allaah has bestowed grace (by guiding him to Islam) and you (O Muhammad too) have done favour (by manumitting him): ‘Keep your wife to yourself, and fear Allaah.’ But you did hide in yourself (i.e. what Allaah has already made known to you that He will give her to you in marriage) that which Allaah will make manifest, you did fear the people (i.e., their saying that Muhammad married 303


the divorced wife of his manumitted slave) whereas Allaah had a better right that you should fear Him. So when Zayd had accomplished his desire from her (i.e. divorced her), We gave her to you in marriage, so that (in future) there may be no difficulty to the believers in respect of (the marriage of) the wives of their adopted sons when the latter have no desire to keep them (i.e. they have divorced them). And Allaah’s Command must be fulfilled” [al-Ahzaab 33:37] (Narrated by Muslim, 1428) B – Allaah has forbidden adoption because it causes knowledge of people’s lineage to be lost, and we have been commanded to preserve people’s lineage. It was narrated from Abu Dharr (may Allaah be pleased with him) that he heard the Prophet (peace and blessings of Allaah be upon him) say: “There is no man who knowingly calls himself after someone other than his father but he has committed kufr. Whoever claims to belong to people to whom he has no ties of blood, let him take his place in Hell.” (Narrated by al-Bukhaari, 3317; Muslim, 61) What is meant by “committed kufr” is that he has done an act of kufr, not that he is beyond the pale of Islam, because he is forbidding something that Allaah has permitted and is permitting something that Allaah has forbidden. Because forbidding the orphan to marry the daughters of the adoptive father, for example, is forbidding something that is permissible that Allaah has not forbidden. And allowing the orphan to inherit [like a son] from the adoptive father after he dies is permitting something that Allaah has forbidden, because the inheritance is the right 304


of the children who come from his own loins. This may generate hatred and resentment between the adopted son and the children of the adoptive father, because it will cause them to lose out on something that is rightfully theirs, which will go to this orphan unlawfully who they know is not entitled to it as they are. Sponsoring an orphan means that a man brings the orphan to live in his house, or he sponsors him somewhere other than his house, without giving him his name or forbidding that which is permitted or permitting that which is forbidden, as is the case with adoption. Rather the one who sponsors an orphan does it as an act of charity. So there can be no comparison between one who sponsors an orphan and one who adopts a child, because of the great difference between them and because sponsoring orphans is something which is encouraged in Islam. Allaah says (interpretation of the meaning): “…And they ask you concerning orphans. Say: The best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers. And Allaah knows him who means mischief (e.g. to swallow their property) from him who means good (e.g. to save their property). And if Allaah had wished, He could have put you into difficulties. Truly, Allaah is All-Mighty, AllWise” [al-Baqarah 2:220] The Messenger (peace and blessings of Allaah be upon him) said that sponsoring orphans is a means of being together with him in Paradise. It was narrated that Sahl ibn Sa’d said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “I and the one who sponsors an orphan will be like this in Paradise” – and he gestured with his index and middle fingers, holding them slightly apart. 305


(Narrated by al-Bukhaari, 4998) But we must point out that when these orphans reach adolescence, they must be separated from the wives and daughters of the sponsor; when doing an act of charity we should not let that lead to immorality. We should also note that the one who is sponsored may be an orphaned girl and she may be beautiful and may become attractive before adolescence, so the sponsor must watch his sons lest they fall into doing haraam things with the orphans, because this could happen and be a means of causing mischief which it will be difficult to put right. We encourage our brothers to sponsor orphans, for this is something that is rarely done except by those whom Allaah has made righteous and caused them to love good and feel compassion for the orphans and the poor, especially our brothers in Kosova and Chechnya who are faced with hardship and difficulties. We ask Allaah to relieve them of their distress. And Allaah knows best.Islam Q&A (www.islam-qa.com) 21409: She wants to raise an illegitimate child with her sons Question: In the event that a sister dies leaving a female child, who has no other muslim relatives and father has no rights because child was born out of wedlock, although the mother of this child, became muslim. Is it permissable for a married sister with all sons to care for the child as her own, with the approval of her husband. Answer: Praise be to Allaah. 306


This child is illegitimate, i.e., the child of zina (adultery/ fornication), and as such comes under the rulings on foundlings (laqeet), so long as his or her mother has died. It is a form of kindness to this child to keep him and look after him. If the Muslim sister takes this child in with her own children and brings him up, this is an act of kindness and a righteous deed, but he will not be counted as one of her children or one of her husband’s children, rather he will be a stranger (ajnabi), unless she breastfeeds him, giving him five complete feedings, whilst he is still an infant; in that case he will become a son to her through radaa’ah (breastfeeding) and a son to her husband through radaa’ah. Her sons will also be brothers to him through radaa’ah, but there will be no rights of inheritance between them, because the relationship between them will be one of having been raised together and of kindness, or of brotherhood through radaa’ah, none of which bestows rights of inheritance between them and this child. Shaykh ‘Abd al-Rahmaan al-Barraak. (www.islamqa.com) 13718: Rulings on missing persons Question: What should a person do if he finds a lost child? Answer: Praise be to Allaah. Rulings on missing or lost persons are connected to a large extent to the rulings on lost property, because (in Arabic) luqtah (lost property) refers to property that is lost, and laqeet (lost person) refers to a person who is 307


lost. This indicates how the rulings of Islam cover all aspects of life in a way that is far superior to what is known in the modern world where orphanages and refuges are set up to take care of orphans and old people. An example of this is how Islam takes care of the laqeet (lost person), i.e., the child who is found cast out or having wandered away from his family, and his lineage is unknown in either case. The person who finds him in this case is obliged to take him in, as this is fard kifaayah – if some Muslims do it then the rest will not be counted as having sinned, but if none of them do it then they will all be sinners, if they could have taken him in, because Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety)” [al-Maa’idah 5:2] The general meaning of the aayah indicates that the lost child should be taken in, because this is part of cooperating in righteousness and piety, and because taking him in is saving his life, so it is obligatory, like feeding him if he is in need and saving him if he is drowning. The lost child is free in all aspects, because the basic principle is that people are free, and slavery is the exception; if a person is not known to be a slave then the basic principle is that he is not a slave. Whatever money is found on him or around him belongs to him, based on what appears to be the case, because he has it in his possession. The one who found him should spend on him from this money, within reason, because he is his guardian. If he did not find any money with him then his keep should be paid for from Bayt al-Maal (the treasury of the Muslims), because ‘Umar (may Allaah be pleased with him) said to the one who took in a lost child 308


when he found him, “Go, he is free and you are his guardian, and we will spend on him” – i.e., from the Bayt al-Maal of the Muslims. According to another version, ‘Umar (may Allaah be pleased with him) said: “And we will pay for his breastfeeding,” i.e., from the Bayt al-Maal. So the one who finds a lost child does not have to spend on him or on his breastfeeding; that is an obligation on the Bayt alMaal. If that is not possible, then those Muslims who know about him have to spend on him, because Allaah says (interpretation of the meaning): “Help you one another in AlBirr and AtTaqwa (virtue, righteousness and piety)” [al-Maa’idah 5:2] And because not spending on him will lead to his death, and because spending on him is like supporting him or offering hospitality to a guest. The ruling with regard to his religion is that if he is found in a Muslim country or in a kaafir country in which there are many Muslims, then he is a Muslim, because the Prophet (peace and blessings of Allaah be upon him) said: “Every child is born in a state of fitrah (the natural sate of man, i.e., Islam).” If he is found in a country which is completely kaafir, or where there are very few Muslims, then he is a kaafir, following the (religion of) that country. Custody of him belongs to the one who found him, if he is trustworthy, because ‘Umar (may Allaah be pleased with him) approved of Abu Jameelah keepinb the lost child when he found out that he was a righteous man, and he said, “You are his guardian,” i.e., he had guardianship of him because he found him first and thus was more entitled to that.

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The who finds him should spend on him from what he found with him of money or other things, because he is his guardian, so he should spend on him in a reasonable manner. If the one who found him is not fit to take him into his care, because he is immoral or a kaafir, and the lost child is a Muslim, then he should not be left in his care, because the immoral person has no right of guardianship and the kaafir has no right of guardianship over a Muslim; and because he will tempt him away from his religion. Similarly the child should not be left in the care of his finder if the latter is a Bedouin (nomad) who travels from place to place, because that is tiring for the child. So he should be taken from him and given to one who is settled in one place, because placing the child in a settled environment is better for his worldly and religious interests, and it provides a better chance for him to find his family and know where he comes from. In the case where a lost person dies or is killed and diyah (blood money) is to be paid, whatever wealth he leaves behind and the diyah, if applicable, are to be given to the Bayt al-Maal, if he has no heirs to inherit from him such as his own children. If he has a wife, she gets one-quarter of the inheritance. In the case of murder and aggression, his wali (next of kin) is the ruler, because the Muslims will inherit from him, and the ruler is their deputy. So he may choose between qasaas (retaliation in kind) or diyah (blood money) to be given to Bayt al-Maal, because the ruler is the next of kin of the one who has no next of kin. If (a lost child) is deliberately injured, but not killed, he should wait until he reaches maturity, then he may retaliate in kind or forgive. If a man or woman claims that the lost child is his or her child, he should be regarded as such, 310


because that is in his best interests, as it connects him to his lineage and no harm is caused to anyone by doing so. This is subject to the conditions that only one such claim is made and that it is possible that the child belongs to him. But if more than one person claims him, then priority should be given to one who has evidence. If none of them have evidence, or they have conflicting evidence, then he and they should be shown to people who have experience in detecting family resemblances, and whoever they decide he most closely resembles is the one to whom he should be given, because ‘Umar (may Allaah be pleased with him) passed a judgement to that effect in the presence of the Sahaabah (may Allaah be pleased with them). Those who have experience in detecting family resemblances can tell lineage by resemblance, and the word of one such person is sufficient; this is subject to the condition that he be male, of good character and with a good track record. From al-Mulakhkhas al-Fiqhi by Shaykh Saalih ibn Fawzan Aal Fawzaan, p. 155. (www.islam-qa.com) 10010: Adoption is of two types – forbidden and prescribed Question: If a person asks to adopt a child from the orphanage, is it permitted for those in charge to give him what he wants? Answer: Praise be to Allaah. Adoption of children is of two types, forbidden and not forbidden. The forbidden type means adopting a child in the sense 311


that the child is considered to be the child of the adopting parent and subject to the rulings on children. This is not permitted. Allaah nullified it in the Qur’aan when He said (interpretation of the meaning): “…nor has He made your adopted sons your real sons…” [al-Ahzaab 33:4] The kind which is prescribed and may be mustahabb means being kind towards the child and giving him a righteous religious upbringing and sound direction, teaching him that which will benefit him in this world and the next. But it is not permitted to hand a child over except to one who is known to be trustworthy, religiouslycommitted and of good character, who will take care of the child’s interests. He should also be a local resident, so that he will not take the child away to a country where his presence may be a cause for his religious commitment being lost in the future. If these conditions are met in the case of both the child and the adopting parent, then it is OK to hand over a foundling whose parentage is not known. May Allaah preserve you From Fataawa Samaahat al-Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) (www.islamqa.com) 4696: Ruling on giving one’s name to a foundling whom one adopts Question: A person was not blessed with children, so he took a foundling from the orphanage and brought him up, teaching him and treating him well. Out of compassion and an attempt to the do right thing, he gave him his name 312


and registered him as his own son in official documents. What is the ruling on this? Answer: Praise be to Allaah. According to sharee’ah it is not permissible for a person who adopts a child to give him his name as if he is his own son and a member of his tribe, as described in the question, because this involves lying, falsehood, the mixing of lineages and a threat to people’s honour, as well as distorting the channels of inheritance so that someone who is not entitled may receive an unfair share whilst depriving the rightful heirs of their due, and causing chaos in the sphere of relationships between mahram and non-mahram which affect issues of khulwah (being alone with a member of the opposite sex) and marriage. All of this violates sanctities and transgresses the bounds of sharee’ah. Hence Allaah forbade saying that a child belongs to anyone except his father or a slave belongs to anyone except his master. As Allaah said (interpretation of the meaning): “nor has He made your adopted sons your real sons. That is but your saying with your mouths. But Allâh says the truth, and He guides to the (Right) Way. Call them (adopted sons) by (the names of) their fathers, that is more just with Allâh. But if you know not their father’s (names, call them) your brothers in Faith and Mawâlîkum (your freed slaves). And there is no sin on you concerning that in which you made a mistake, except in regard to what your hearts deliberately intend. And Allâh is Ever OftForgiving, Most Merciful.” [al-Ahzaab 33:4-5] The Prophet (peace and blessings of Allaah be upon him) said: 313


“Whoever knowingly claims to belong to anyone other than his father, Paradise will be denied him.” (Narrated by Ahmad, al-Bukhaari and Muslim). The Prophet (peace and blessings of Allaah be upon him) also said: “Whoever claims to be the son of anyone other than his father, or the slave of anyone other than his master, on him will be the curse of Allaah continually until the Day of Resurrection.” The one who is asking this question made a mistake when he tried to do the right thing by giving his name to the child. He cannot leave matters as they are; he has to try to change it and put matters right, because of the texts that state this naming is haraam, as quoted above. As for his feeling compassion for the child, bringing him up and treating him kindly, this is a good action which is encouraged in Islam. May Allaah bless our prophet Muhammad. Al-Lajnah al-Daa’imah Fataawa Islamiyyah, 3/12-13 (www.islam-qa.com)

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Chapter 11 Transactions trusts 13717: Rulings on trusts Question: Can you tell us some of the rulings that have to do with trusts (wadee’ah) or things entrusted to someone’s care? Answer: Praise be to Allaah. This refers to entrusting something to someone to keep it for you voluntarily. Wadee’ah in Arabic means leaving a thing (with someone). In sharee’ah it means the property which is left with someone to take care of it for nothing in return. In order for this action to be valid, the person with whom it is left must be a sane, mature adult, because this means entrusting the thing to him to take care of it. It is mustahabb for the person who knows himself to be trustworthy and able to take care of the thing to accept the trust, because that will being a great reward, as it says in the hadeeth of the Prophet SAWS (peace and blessings of Allaah be upon him): “Allaah will help His slave so long as the slave helps his brother.” And because people need this. But if he knows that he is not able to take care of it, then it is makrooh for him to accept this trust. 315


One of the rules concerning trusts is that if it is destroyed or damaged whilst in the care of the one to whom it has been entrusted, through no negligence on his part, then he is not responsible for replacing it, such as if it is destroyed or damaged along with some of his own property, because it was something entrusted and the one to whom it was entrusted is not responsible for replacing it if he did not overstep the mark. It was narrated in a hadeeth which is da’eef (weak) to some extent that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever is entrusted with something, is not responsible for replacing it.” This was narrated by Ibn Maajah. AlDaraaqutni narrated a slightly different version: “The one to whom something is entrusted is not responsible for replacing it, except in the case of one who betrays that trust.” According to another version: “The one who is entrusted with something is not obliged to replace it,” because the one who is keeping it is doing so voluntarily. If he were to be held responsible, people would refuse to accept trusts of this nature, which would cause a lot of harm for people and would not serve their interests. But the one who oversteps the mark with regard to something that has been entrusted to him, or who is negligent in looking after it, is responsible for replacing it if it is damaged or destroyed, because he has caused the property of another person to be damaged or destroyed. Another of the rulings concerning trusts is that the one to whom it has been entrusted has to keep it in a place where things of that nature are usually kept, just as he looks after his own property, because Allaah has commanded that trusts should be rendered back, as He says (interpretation of the meaning): “Verily, Allaah commands that you should render back the trusts to those, to whom they are due” [al-Nisaa’ 4:58] 316


And they can only be rendered back by taking care of them. When the one to whom it is entrusted accepts that trust, he is obliged to take care of it and to do what is expected of him. If the thing entrusted is an animal, then the one to whom it is entrusted has to feed it. If he stops feeding it without being given permission by the owner and it dies, then he is obliged to replace it, because feeding the animal is essential. Along with being responsible for replacing it, he is also guilty of sin for not feeding it or giving it water until it died, because he is obliged to give it food and water as is enjoined by Allaah, because its rights are sacred and are protected (by sharee’ah). It is permissible for the person to whom something has been entrusted to give it to a person who usually takes care of his property, such as his wife, slave, storekeeper or servant. If it gets damaged or destroyed when in the care of one of these people, through no transgression or negligence on their part, then he is not responsible for replacing it, because he has the right to take care of it himself or to delegate that to his deputy. The same applies if he gives it to a person who takes care of the property of its owner; he is not responsible for replacing it, because this is the custom. From al-Mulakhkhas al-Fiqhi by Shaykh Saalih ibn Fawzan Aal Fawzaan, p. 137 (www.islam-qa.com)

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Chapter 12 Transactions price offered (Ja’aalah) 10307: Doing a job before knowing about the price offered Question: What is the ruling if a person does a job, then finds out that the one who wanted it done said “Whoever does such and such will have such and such”? Answer: Praise be to Allaah. If he does it before finding out that the one who wanted it done said “Whoever does such and such will have such and such” does not deserve the price named. But it is good manners to give him something that will please him, that is similar to or more than the price for this work. From Fataawa Samaahat al-Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) (www.islamqa.com) 21239: Rulings on ja’aalah (price offered) Question: Could you give us a brief description of the rulings on ja’aalah? 318


Answer: Praise be to Allaah. It is also called ja’l and ja’eelah. This refers to what a person is given for something that he does, such as saying, “Whoever does such and such, will get such and such money,” i.e., a certain amount of money is given to the one who does a certain job for him, such as building a wall. The evidence that this is permitted is the aayah (interpretation of the meaning): “They said: ‘We have lost the (golden) bowl of the king and for him who produces it is (the reward of) a camel load; and I will be bound by it’” [Yoosuf 12:72] i.e., whoever could tell them who had stolen the king’s bowl would be given a camel’s load [of goods]. This is the ja’l (reward or price), so the aayah indicates that the ja’aalah is permissible. The evidence for it in the Sunnah is the hadeeth of the one who was stung, which was narrated in al-Saheehayn and elsewhere from the hadeeth of Abu Sa’eed, (which said that) they stopped near one of the tribes of the Arabs, and asked them for hospitality, but they refused. Then the chief of that tribe was stung, and they tried everything to help him. Then they came to them [the group of Sahaabah] and asked them, “Can any one of you do something?” One of them said, “By Allaah, I can do ruqyah [an incantation for healing], but by Allaah, we asked you for hospitality and you did not grant it to us, so I will not do ruqyah for you until you agree a price with us (ja’l).” So they agreed on a flock of sheep, then he started to blow on him and recite “Al-hamdu-Lillaahi Rabb il-‘Aalameen” 319


[i.e., al-Faatihah]. Then it was as if he was released from a chain. So they gave them what they had agreed (the ja’l) and they came to the Prophet (peace and blessings of Allaah be upon him) and told him about that. He said, “You did the right thing. Share them out and give me a share too.” (Narrated by al-Bukhaari, Kitaab al-Ijaarah, 2276). Whoever does a job on which payment has been offered after coming to know of the offer, deserves the payment, because the contract is fulfilled when the work is completed. If the work is undertaken by a group then the reward is to be shared out equally amongst them, because they shared in the work for which the compensation is deserved, so they should share in the reward. But if a person does the job before knowing the amount to be offered for it, he does not deserve anything because this is work for which he was not given permission, so he does not deserve any reward. If he came to know of the offered amount during the work, he should take the payment for what he did after coming to know that. The ja’aalah is a contract which either party is allowed to cancel. If it is cancelled by the worker, then he does not deserve any payment, because he has cancelled his right himself. If it is cancelled by the one who offered to pay this price, and that is done before work is started, then the worker deserves a reward equivalent to what is usually paid for such work, because his work was done in return for a reward that was not given to him. Ja’aalah differs from ordinary hiring in several ways: 1 – In order for it to be valid, it is not essential to know what the work for which this price is agreed upon entails. This is unlike hiring, in which case it is essential to know what the work for which the wages are paid entails.

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2 – In order for it to be valid, it is not essential to know what the time of the work for which this price is agreed upon entails. This is unlike hiring, in which case it is essential to know the time period within which the work is to be done. 3 – In the case of ja’aalah, it is permissible to combine the work and the time taken to complete it, such as saying, “Whoever can sew this garment in a day will have such and such (payment).” Then if he sews it in a day, he will have that payment and will deserve the ja’l (announced payment), otherwise he will not. This is unlike hiring, where it is not correct to combine the work and the time taken to complete it. 4 – In the case of ja’aalah, the worker is not obliged to complete the work, unlike hiring where the worker is committed to the work once he agrees. 5 – The ja’aalah is a contract in which either party may cancel it without the agreement of the other. This is unlike hiring which is a binding contract, in which neither party may cancel without the consent of the other. The fuqaha (may Allaah have mercy on them) stated that whoever does work for another without any agreement on price (ja’l) or permission of the one for whom the job is done, does not deserve anything, because he did some useful work without stipulating any payment, so he does not deserve the payment, and because man cannot be bound by something that he himself did not agree to. But there are two exceptions from that: (1) If the worker had prepared himself to do that work for a fee, such as an agent or porter, etc. Then if he did some work with permission, he deserves payment, because ‘urf (custom) indicates that. But whoever had not prepared

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himself to do that work does not deserve anything, even if he was given permission, except with conditions. (2) Whoever saved another person’s possessions from being destroyed, such as rescuing them from the sea or from fire, or who found them in danger of being destroyed if he went away or left them. He should be given the usual reward even if the owner did not give him permission to do that, because there was the fear that the goods may be have been destroyed or lost. Giving a reward also encourages such actions, namely saving people’s property from destruction. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said: “Whoever saves another person’s wealth deserves the usual reward, even if there is no agreement, according to the more correct of the two opinions. This was the stated view of Ahmad and others.” The great scholar Ibn al-Qayyim (may Allaah have mercy on him) said: “Whoever does something to the property of another without his permission or does it to preserve or protect the property for its owner from being lost, then the correct view is that he should be given some payment in return for his action. This was stated by Ahmad in a number of places.” From al-Mulakhkhas al-Fiqhi by Shaykh Saalih ibn Fawzaan ibn ‘Abd-Allaah Aal Fawzaan (www.islamqa.com)

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Chapter 13 Transactions Animal Rights 10502: De-clawing a cat so that it won’t do any damage, and neutering/spaying cats Question: We keep a cat in the house as a family pet. Our question is in regards to nueturing/spaying and declawing of the pet. Is it permissible by Islam to have the claws on the front paws of the animal permanently removed for the purpose of protecting family and furniture from scratches? and is it permissible by Islam to have a surgical proceure done on the animal which will make the pet inable to produce offspring (even though it will stil be able to function sexually just not reproduce)? The vet told us that if we do not have our cat nuetered it is very likely he will begin marking his territory in our home by urinating on furniture and various places within the home. Answer: Praise be to Allaah. Firstly: There is nothing wrong – in sha Allaah – with de-clawing a cat, but that is subject to the condition that it should not hurt the animal. There are many medical means nowadays of doing that without causing pain. Causing pain to animals is haraam. 323


Secondly: Preventing your cat from reproducing is preventing a natural process that Allaah has created in it. Undoubtedly the rulings on animals are not as serious as in the case of humans, but this does not mean violating the rights of the creation of Allaah. If this operation will cause harm, or it will cause complications for the cat, then it is not permissible. The prohibition against causing harm is general and includes harm against both humans and animals. There follow some of the ahaadeeth that indicate this: It was narrated from Ibn ‘Umar (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “A woman entered Hell because of a cat which she tied up and did not feed, nor did she allow it to eat of the vermin of the earth.” The vermin of the earth means mice, etc. (Narrated by al-Bukhaari, 3140; Muslim, 2242. There is also a similar report from Abu Hurayrah). It was narrated from Jaabir ibn ‘Abd-Allaah that a donkey whose face had been branded passed by the Prophet (peace and blessings of Allaah be upon him), and he said, “May Allaah curse the one who branded him.” (Narrated by Muslim, 2217). The scholars differed concerning the neutering of nonhumans: The Hanafis said that there is nothing wrong with neutering animals, because that benefits both the animals and humans. The Maalikis said that it is permissible to neuter animals 324


whose meat may be eaten, and it is not makrooh, because that makes the meat better. The Shaafa’is made a distinction between animals whose meat is eaten and others. They said that it is permissible to neuter animals when they are small if they are animals whose meat is eaten, but it is haraam in other cases. They also stipulated the condition that this neutering should not cause the animal’s death. As for the Hanbalis, it is permissible in their view to neuter sheep because that makes the meat better, but it was said that it is makrooh in the case of horses etc. Imam Ahmad said: I do not like for a man to neuter anything, rather that is makrooh because of the prohibition on causing pain to animals. See al-Majmoo’ 6/155; al-Adab al-Shar’iyyah, 3/144, 145; al-Fataawa al-Hindiyyah, 5/358) There is also a comment on neutering cats: “If neutering cats will bring some benefit or ward off some harm, then there is nothing wrong with it, as it says in al-Kubra.” (al-Fawaakih al-Dawaani, 2/346) Hence we say that if there is some benefit in neutering the cat and if that will not cause its death, then it is permissible. Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: If there are too many cats and they are a nuisance, and if the operation will not harm them, then there is nothing wrong with it, because this is better than killing them after they have been created. But if the cats are ordinary cats and are not causing a nuisance, perhaps it is better to leave them alone to reproduce. 325


Fataawa Islamiyyah, 4/448 And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 14422: Keeping pets Question: Is it haram to keep Pet fish? and also I heard somewhere that the dog was created from the dirt taken from the area of the belly button where Satan spat on Adam (AS)? Answer: Praise be to Allaah. There is nothing wrong with keeping animals for which there is no Islamic prohibition on keeping them (such as dogs and pigs). There are reports in the Sunnah which indicate that some of the Sahaabah kept permissible animals for farming purposes or for fun and for pleasure. It was narrated from Anas (may Allaah be pleased with him) that he had a young brother who had a nughar (a small bird or nightingale). The bird died, and the Prophet (peace and blessings of Allaah be upon him) saw him looking sad and grieved, so he joked with him, and said to him words which implied approval of his keeping this bird. The Prophet (peace and blessings of Allaah be upon him) said to him, “O Abu Umayr, what happened to the nughayr?” 326


And the Prophet (peace and blessings of Allaah be upon him) told us that a woman entered Hell because of a cat “which she did not feed, neither did she let it eat from the vermin of the earth.” From this it may be understood that if she had fed it, she would have been saved from that threat. And it was said that Abu Hurayrah was so called because of a cat (hirr, dim. hurayrah) which used to accompany him. So keeping permissible animals, so long as you do not neglect them, is something which is permitted and it may even be one of the means of earning reward, as the Prophet (peace and blessings of Allaah be upon him) said, “In every living being there is reward.” But if you keep animals and neglect and abuse them, it may be one of the means that lead to sin and the threat of Hell, as in the hadeeth about the woman who neglected her cat until it died. We would also like to point out that Islam preceded both western and eastern organizations in proclaiming the rights of women, animals, workers, employers and so on. Indeed, the greatest rights which it proclaimed are the rights of Allaah over His creation and the rights of people over Allaah. We would also point out that care and concern for human beings should take precedence over the care of animals, and that the reward for that is greater. [The Prophet (peace and blessings of Allaah be upon him) said:] “Ward off the Fire even with half a date [i.e., by giving half a date in charity]” and “I and the one who sponsors an orphan will be like these two in Paradise” – and he gestured with his index finger and the one next to it. And there are other similar ahaadeeth from the Prophet (peace and blessings of Allaah be upon him). 327


On this basis, there is nothing wrong with your keeping fish as you mentioned in your question, so long as you take care of feeding them and avoiding anything that could cause their death. And Allaah knows best. With regard to the creation of dogs, Allaah created them as He created all other animals; it is not permissible to claim that dogs were created from any specific substance without having evidence for that. Allaah says (interpretation of the meaning): “and we testify not except according to what we know”[Yoosuf 12:81] With regard to Iblees, Allaah commanded him to prostrate to Adam and he refused and was arrogant, then what he did was to tempt Adam to eat from the tree from which he had been forbidden to eat. There was no kind of dirt, and Allaah knows best. I do not know anything of the argument which you mentioned. One aspect of the Qur’aanic guidance is that it mentioned the knowledge which the Muslim needs in this world and in the Hereafter; with regard to knowledge for which there is no need, the Qur’aan does not mention it, so as to teach the Muslims to focus on beneficial knowledge and to ignore everything else. For example, the Qur’aanic text does not mention the colour of the dog which belonged to the People of the Cave, or the kind of wood from which the ship (ark) of Nooh was built, and other matters which are irrelevant and produce no beneficial knowledge or belief. Perhaps speaking of the substance from which dogs were created comes under the same heading. And Allaah knows best. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 328


13658: It is not permissible to use animals for target practice Question: I killed a Rabbit by shooting it for the purpose of practicing my aim. I buried it afterward. I deeply regret what I did. What is the Islamic Ruling on that? Answer: Praise be to Allaah. Undoubtedly this action that you did is something which is forbidden according to sharee’ah and is not permitted. This is a form of tormenting animals which the Prophet (peace and blessings of Allaah be upon him) forbade. 1. It was narrated in the hadeeth from ‘Abd-Allaah ibn ‘Umar that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “A woman was punished for a cat which she imprisoned until it died, and she entered Hell because of that. She did not feed it or give it water when she imprisoned it, and she did not leave it free to eat of the vermin of the earth.” (Narrated by alBukhaari, 2236; Muslim, 2242). Al-Nawawi said: the apparent meaning of the hadeeth is that she went to Hell only because of this sin. 2. It was narrated from Ibn ‘Umar (may Allaah be pleased with him) that he entered upon Yahyaa ibn Sa’eed and one of Yahyaa’s sons had tied up a hen and was shooting at it. Ibn ‘Umar walked over to him and untied it, then he brought it and the boy and said, “Do not allow your boys to tie up birds in order to kill them, for I heard the Messenger of Allaah (peace and blessings of Allaah be 329


upon him) forbidding the tying up of animals or other creatures in order to kill them.” (Narrated by al-Bukhaari, 5195; Muslim, 1958. The version narrated by Muslim says, “The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed those who do that.”) 3. It says in another hadeeth which was narrated from Ibn ‘Abbaas that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Do not use anything in which there is a soul as a target.” (Narrated by Muslim, 1957). Al-Nawawi said: The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade detaining or tying up animals (for the purpose of killing them); according to another report, ‘Do not take anything in which there is a soul as a target.’ The scholars said that tying up animals means restraining them whilst they are still alive in order to use them as targets and so on. The words ‘Do not take anything in which there is a soul as a target’ means do not use living animals as targets for shooting as targets made of leather and so on are used. This prohibition means that doing this is haraam. Hence the Prophet (peace and blessings of Allaah be upon him) said, according to the report narrated by Ibn ‘Umar which follows this report: “Allaah cursed the one who does that.” And because it is torturing animals, a waste of their [animals’] lives, a waste of money, causing the animal to die without slaughtering it in the proper Islamic manner if it is an animal whose meat may be eaten, and wasting an animal from which benefit may be derived in other ways if it is an animal whose meat may not be eaten. Sharh Muslim, 13/108 330


You must repent sincerely to Allaah from this deed and seek His forgiveness, and do lots of good deeds so that Allaah will forgive your sin. And Allaah is the Guide to the straight path. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 11437: what is the fate of animals in the Day of Resurrection Question: Recently my 20 year old cat died and my young nieces asked whether animals would go to heaven and I really could not answer them since I don’t know the answers myself. Do they go to heaven/hell and how can we make amends if we were cruel to the animals (especially since they have since died)? Answer: Praise be to Allaah. This question is in two parts: 1 – what is the fate of animals in the Hereafter? Allaah says (interpretation of the meaning): “And when the wild beasts shall be gathered together” [al-Takweer 81:5] “There is not a moving (living) creature on earth, nor a 331


bird that flies with its two wings, but are communities like you. We have neglected nothing in the Book, then unto their Lord they (all) shall be gathered” [al-An’aam 6:38] Ibn ‘Abbaas said: “Everything will be gathered, even the flies.” On the Day of Resurrection, the animals will settle scores between one another. It says in a hadeeth of Abu Hurayrah that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “All scores will be settled on the Day of Resurrection; even the hornless sheep will settle its scores with the horned sheep.” (Narrated by Muslim, al-Birr wa’l-Silah wa’l-Adaab, 4679). It says in another hadeeth: “Allaah will judge between His creation, jinn, humans and animals. On that Day the score will be settled between the hornless and the horned, until there are no outstanding issues left, then Allaah will say, ‘Be dust!’ At the point the kaafir will say, ‘Would that I were dust!’” Shaykh al-Albaani said: This is saheeh. No. 1966; see al-Silsilah al-Saheehah, part 4, p. 966 What is obligatory for the Muslim is to be kind to animals and not harm or annoy them. It was reported that a woman was punished because of a cat. Al-Bukhaari narrated from Ibn ‘Umar (may Allaah be pleased with them both) that the Prophet (peace and blessings of Allaah be upon him) said: “A woman went to Hell because of a cat which she tied up, and did not feed it or let it eat of the vermin of the earth.” (Bad’ al-Khalq, 3071) And Allaah forgave a prostitute because she was kind to a dog. Al-Bukhaari also narrated that Abu Hurayrah (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: 332


‘Whilst a dog was walking around a well, almost dying of thirst, one of the prostitutes of Bani Israa’eel saw him, took off her shoe and gave him water. She was forgiven because of that.” (Ahaadeeth al-Anbiyaa’, 3208) Whoever harms an animal has to repent to Allaah for that, because the Lord of the animals is the One Who has commanded us to be kind towards them (unless they are harmful). Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 20053: Getting cats “fixed” (spayed or neutered) Question: is it wrong for us to neuter the cats that we have as otherwise we would be having too many kittens, and would have to send them to the SPCA which would put them to sleep if nobody took them in. Answer: Praise be to Allaah. If the operation will not harm the animal, then it is OK, because this is better than killing animals after they have been created. Fatwa of Shaykh Ibn ‘Uthaymeen, from Kitaab Fataawa Islamiyyah, 4/448 (www.islam-qa.com)

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8814: Killing old and sick animals Question: is it permissible to put an animal to sleep (euthanasia) if the animal is old and in pain? Answer: Praise be to Allaah. Shaykh Muhammad ibn Saalih al-‘Uthaymeen was asked this question and he said: If an animal gets sick, if it is an animal whose meat it is not permissible to eat, and there is no hope that it will recover, then there is no sin on you if you kill it, because if it is kept alive it will become a burden on you which may be a waste of your money, as you will have to spend on it and this spending will be a waste of your money. Keeping it alive until it dies without giving it food and drink is haraam, because the Prophet (peace and blessings of Allaah be upon him) said: “A women went to Hell because of a cat which she detained. She did not feed it when she detained it, and she did not let it free to eat of the vermin of the earth.” But if it is an animal whose meat may be eaten, and it reaches a state where you cannot benefit from it or give it to someone else who can benefit from it, then the ruling is the same as that concerning an animal whose meat is haraam, i.e., it is permissible to kill it, whether you slaughter it or kill it with bullets. Do whatever is easiest on the animal, because the Prophet (peace and blessings of Allaah be upon him) said: “If you kill, kill well, and if you slaughter, slaughter well. Let each one of you sharpen his blade and let him spare suffering to the animal he slaughters.” 334


Shaykh Muhammad ibn Saalih al-‘Uthaymeen From (Fataawa Manaar al-Islaam, 3/750) (www.islam-qa.com) 8804: Killing animals which have become a nuisance Question: In our building there is a feral cat. Is it permissible to kill it? Answer: Praise be to Allaah. If a cat or similar animal is known to be a nuisance and aggressive, and a man kills it when it is acting aggressively for his own protection, he does not owe any compensation for doing so. It is like when a man kills an attacker in self-defence. And Allaah knows best. Fataawa al-Imaam al-Nawawi, 220 (www.islam-qa.com) 3005: Can harmful insects be killed by burning them? Question: Is it permissible to kill insects that may be found in the house, such as ants, cockroaches and the like, by burning them? If it is not permissible, what should we do? Answer: If these insects are harmful, they may be killed with insecticides, but not with fire. The Messenger (peace and 335


blessings of Allaah be upon him) said: “There are five pests that may be killed whether one is in ihraam or not: rats, scorpions, crows, kites [a hawk-like bird], and mad dogs.” (Reported by Muslim, 2071). Another report adds a sixth, snakes. Thus the Prophet (peace and blessings of Allaah be upon him) told us that they are harmful pests, and that they are unlike other animals which do not do harm, and so he told us to kill them whether we are in ihraam or not. If other creatures, such as ants or cockroaches or dung-beetles, cause harm, they may also be killed with insecticides, but not with fire. And Allaah knows best. Fataawa Islaamiyaah, Ibn Baaz, 451. (www.islam-qa.com)

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Chapter 14 Transactions Slavery 20802: Intercourse with a slave woman is not regarded as zina (adultery) Question: Hadith 3.718 : I saw Abu Said and asked him about coitus interrupts. Abu Said said, “We went with Allah’s Apostle, in the Ghazwa of Bani Al-Mustaliq and we captured some of the ‘Arabs as captives, and the long separation from our wives was pressing us hard and we wanted to practice coitus interruptus. We asked Allah’s Apostle (whether it was permissible). He said, “It is better for you not to do so. No soul, (that Allah has) destined to exist, up to the Day of Resurrection, but will definitely come into existence.” Does this mean that the Companions of the Prophet (SAW) didn’t commit adultery when they practiced ‘azl with the captive girls?. Answer: Praise be to Allaah. Firstly: This hadeeth was narrated by al-Bukhaari (2542) from Ibn Muhayreez who said: I saw Abu Sa’eed (may Allaah be pleased with him) and I asked him. He said: We went 337


out with the Messenger of Allaah (peace and blessings of Allaah be upon him) on the campaign of Banu al-Mustaliq, and we captured some prisoners from among the Arabs. We desired women and the period of abstention was hard for us, and we wanted to engage in ‘azl (coitus interruptus). We asked the Messenger of Allaah (peace and blessings of Allaah be upon him) and he said, “There is no point in doing that, for there is no soul which Allaah has decreed should exist until the Day of Resurrection but it will come into existence.” According to another report, They captured some female prisoners and wanted to be intimate with them without them becoming pregnant. They asked the Prophet (peace and blessings of Allaah be upon him) about ‘azl and he said, “There is no point in doing that, for Allaah has decreed who should be created until the Day of Resurrection.” This hadeeth was also narrated by Muslim (1438), whose version says: We captured some women of the Arabs and we had been abstinent for a long time; and we wanted to be able to sell them, but we wanted to engage in intimacy with coitus interruptus. We said, “Shall we do that when the Messenger of Allaah (peace and blessings of Allaah be upon him) is among us without asking him about it?” So we asked the Messenger of Allaah (peace and blessings of Allaah be upon him) and he said, “There is no point in doing that, for Allaah has not decreed that any soul should be created until the Day of Resurrection but it will come into existence.” It may be understood from the hadeeth that those who wanted to engage in ‘azl did so for two reasons: they did not want the women to become pregnant, and they wanted to be able to sell them – if a slave woman got pregnant she could not be sold. 338


It may also be understood that ‘azl (coitus interruptus) does not change anything. If Allaah decrees that a child should be born, water (semen) will come out before the man realizes it. Secondly: Allaah has permitted intimacy with a slave woman if the man owns her. This is not regarded as adultery as suggested in the question. Allaah says, describing the believers (interpretation of the meaning): “those who guard their chastity (i.e. private parts, from illegal sexual acts) Except from their wives or (the slaves) that their right hands possess,__ for then, they are free from blame” [al-Mu’minoon 23:5] What is meant by “those whom their right hands possess” is slave women or concubines. See also question no. 10382, 12562. Once this is understood, it should be noted that what is suggested in the question, that this was zina, never occurred to the Sahaabah (may Allaah be pleased with them). What they were asking about was the ruling on practicing ‘azl with the slave women whom they had acquired in the course of jihad. Moreover ‘azl may be done with a concubine or with a wife, if she agrees to that. See question no. 11885. And Allaah knows best. Islam Q&A (www.islam-qa.com)

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10382: Ruling on having intercourse with a slave woman when one has a wife Question: Could you please clarify for me something that has been troubling me for a while. This concerns the right of a man to have sexual relations with slave girls. Is this so? If it is then is the man allowed to have relations with her as well his wife/wives. Also, is it true that a man can have sexual relations with any number of slave girls and with their own wife/wives also? I have read that Hazrat Ali had 17 slave girls and Hazrat Umar also had many. Surely if a man were allowed this freedom then this could lead to neglecting the wife’s needs. Could you also tell clarify wether the wife has got any say in this matter. Answer: Praise be to Allaah. Islam allows a man to have intercourse with his slave woman, whether he has a wife or wives or he is not married. A slave woman with whom a man has intercourse is known as a sariyyah (concubine) from the word sirr, which means marriage. This is indicated by the Qur’aan and Sunnah, and this was done by the Prophets. Ibraaheem (peace be upon him) took Haajar as a concubine and she bore him Ismaa’eel (may peace be upon them all). Our Prophet (peace and blessings of Allaah be upon him) also did that, as did the Sahaabah, the righteous and the scholars. The scholars are unanimously agreed on that 340


and it is not permissible for anyone to regard it as haraam or to forbid it. Whoever regards that as haraam is a sinner who is going against the consensus of the scholars. Allaah says (interpretation of the meaning): “And if you fear that you shall not be able to deal justly with the orphan girls then marry (other) women of your choice, two or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one or (slaves) that your right hands possess. That is nearer to prevent you from doing injustice” [al-Nisa’ 4:3] What is meant by “or (slaves) that your right hands possess” is slave women whom you own. And Allaah says (interpretation of the meaning): “O Prophet (Muhammad)! Verily, We have made lawful to you your wives, to whom you have paid their Mahr (bridalmoney given by the husband to his wife at the time of marriage), and those (slaves) whom your right hand possesses — whom Allaah has given to you, and the daughters of your ‘Amm (paternal uncles) and the daughters of your ‘Ammaat (paternal aunts) and the daughters of your Khaal (maternal uncles) and the daughters of your Khaalaat (maternal aunts) who migrated (from Makkah) with you, and a believing woman if she offers herself to the Prophet, and the Prophet wishes to marry her a privilege for you only, not for the (rest of) the believers. Indeed We know what We have enjoined upon them about their wives and those (slaves) whom their right hands possess, in order that there should be no difficulty on you. And Allaah is Ever OftForgiving, Most Merciful” [al-Ahzaab 33:50] 341


“And those who guard their chastity (i.e. private parts from illegal sexual acts). Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy. But whosoever seeks beyond that, then it is those who are trespassers” [al-Ma’aarij 70:29-31] Al-Tabari said: Allaah says, “And those who guard their chastity” i.e., protect their private parts from doing everything that Allaah has forbidden, but they are not to blame if they do not guard their chastity from their wives or from the female slaves whom their rights hands possess. Tafseer al-Tabari, 29/84 Ibn Katheer said: Taking a concubine as well as a wife is permissible according to the law of Ibraaheem (peace be upon him). Ibraaheem did that with Haajar, when he took her as a concubine when he was married to Saarah. Tafseer Ibn Katheer, 1/383 And Ibn Katheer also said: The phrase “and those (slaves) whom your right hand possesses — whom Allaah has given to you” [al-Ahzaab 33:50] means, it is permissible for you take concubines from among those whom you seized as war booty. He took possession of Safiyyah and Juwayriyah and he freed them and married them; he took possession of Rayhaanah bint Sham’oon al-Nadariyyah and Maariyah al-Qibtiyyah, the mother of his son Ibraaheem (peace be upon them 342


both), and they were among his concubines, may Allaah be pleased with them both. Tafseer Ibn Katheer, 3/500 The scholars are unanimously agreed that it is permissible. Ibn Qudaamah said: There is no dispute (among the scholars) that it is permissible to take concubines and to have intercourse with one’s slave woman, because Allaah says (interpretation of the meaning): “And those who guard their chastity (i.e. private parts from illegal sexual acts). Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy.” [al-Ma’aarij 70:29-30] Maariyah al-Qibtiyyah was the umm walad (a slave woman who bore her master a child) of the Prophet (peace and blessings of Allaah be upon him), and she was the mother of Ibraaheem, the son of the Prophet (peace and blessings of Allaah be upon him), of whom he said, “Her son set her free.” Haajar, the mother of Isma’eel (peace be upon him), was the concubine of Ibraaheem the close friend (khaleel) of the Most Merciful (peace be upon him). ‘Umar ibn al-Khattaab (may Allaah be pleased with him) had a number of slave women who bore him children, to each of whom he left four hundred in his will. ‘Ali (may Allaah be pleased with him) had slave women who bore him children, as did many of the Sahaabah. ‘Ali ibn alHusayn, al-Qaasim ibn Muhammad and Saalim ibn ‘AbdAllaah were all born from slave mothers Al-Mughni, 10/441 Al-Shaafa’i (may Allaah have mercy on him) said: 343


Allaah says (interpretation of the meaning): “And those who guard their chastity (i.e. private parts from illegal sexual acts). Except from their wives or the (women slaves) whom their right hands possess for (then) they are not blameworthy.” [al-Ma’aarij 70:29-30] The Book of Allaah indicates that the sexual relationships that are permitted are only of two types, either marriage or those (women slaves) whom one’s right hand possesses. Al-Umm, 5/43. The wife has no right to object to her husband owning female slaves or to his having intercourse with them. And Allaah knows best. Islam Q&A (www.islam-qa.com) 12562: What is a “right hand servant”? Does the owner of a “right hand servant” have to be married? Question: What is a right hand servant? Do you have to be married to have one? How can you finalize it and get one and state this person as your right hand servant?. Answer: Praise be to Allaah. Firstly:

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If Allaah enables the Muslim mujahideen to defeat kaafir enemies in war, then the men may be killed, ransomed, set free without ransom or enslaved. The choice between these four options is to be made by the ruler, according to what he thinks is the best course. With regard to the women, they become slaves and “those whom one’s right hand possesses” (described as a “right hand servant” in the question). Male children also become slaves. The ruler shares out these slaves among the mujaahideen. Shaykh al-Shanqeeti (may Allaah have mercy on him) said: The reason why a person may be taken as a slave is his being a kaafir and waging war against Allaah and His Messenger. If Allaah enables the Muslims who are striving and sacrificing their lives and their wealth and all that Allaah has given them to make the word of Allaah supreme over the kaafirs, then He allows them to enslave the kuffaar when they capture them, unless the ruler chooses to free them or to ransom them, if that serves the interests of the Muslims. Adwa’ al-Bayaan, 3/387 Islam limited the sources of slaves which existed before the mission of the Prophet (peace and blessings of Allaah be upon him) to just one source, namely slavery resulting from capturing prisoners from among the kuffaar. Islam treated female slaves more kindly in their enslavement than other cultures did. Their honour was not considered to be permissible to anyone by way of prostitution, which was the fate of female prisoners of war in most cases. Rather Islam made them the property of their masters alone, and forbade anyone else to also have intercourse with them, even if that was his son. Islam made it their right to become free through a contract of 345


manumission; it encouraged setting them free and promised reward for that. Islam made setting slaves free an obligation in the case of some kinds of expiation (kafaarah), such as the expiation for accidental killing, zihaar (a jaahili form of divorce in which a man said to his wife, “You are to me as my mother’s back”), and breaking oaths. They received the best treatment from their masters, as was enjoined by the pure sharee’ah. Secondly: A mujaahid does not have to be married in order to gain possession of a “slave whom one’s right hand possesses.” None of the scholars expressed such a view. Thirdly: If a mujaahid takes possession of a female slave or male slave, it is permissible for him to sell them. In either case – whether one acquires a slave through battle or through purchase – it is not permissible for a man to have intercourse with a female slave until she has had a period from which it may be ascertained that she is not pregnant. If she is pregnant then he must wait until she gives birth. It was narrated that Ruwayfi’ ibn Thaabit al-Ansaari said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say on the day of Hunayn: “It is not permissible for any man who believes in Allaah and the Last Day to irrigate the crop of another else – meaning to have intercourse with a woman who is pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to have intercourse with a captured woman until he has established that she is not pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to sell any booty until it has been shared out.” Narrated by Abu Dawood, 2158; classed as hasan by Shaykh al-Albaani in Saheeh Abi Dawood, 1890. 346


For many reasons, including the fact that the Muslims have long since given up jihad, slavery is now very rare. This means that the Muslims must be extra cautious by examining any case in which it is claimed that someone is a slave, whether male or female. For more information see question no. 26067 And Allaah knows best. Islam Q&A (www.islam-qa.com) 26067: He hired a woman to serve him then he agreed with her that she would be his slave Question: Few years back, I needed a slave for comfort and support and to fulfill my jobs, I was able to pay the slave what they wanted and to comfort them too on their conditions. There was a Young Lady who agreed, on our conditions. My slave was only there when I needed her a bit like part employment she came over when I needed her and went away when not needed. We made a contract that she would serve me because she agreed and I agreed with my side. Hence, this young lady still lives in her parents home and is not marries she agreed I be her master so it gives me the rights to touch her and look at her. We spent a lot of time together and I freed her from the contracts then got married together. The point is that we get slaves from war time, but when will that come? Here she had agreed. And look after with the same standard of mine Is there any haram element in this situation because the master only touched someone he owned, so this cannot be zinna. I would like to know the equities of slaves too 347


How to you own a slave and what is the sharee condition? Can the master and slave have bodily contact and to what extent? Is there an age difference limit, i.e. they both can’t be same age? Can this kept secret or does everyone HAVE TO know? What is the minimum age the master and slave can be? IS SLAVES ARE ONLY AVAILABLE AT WAR-TIME, , IS THERE ANOTHER WAS OF OWNING A SLAVE? Is it true our prophet (pbuh) owned many slaves, and called one ship? Answer: Praise be to Allaah. Some of the questions are repeated and interconnected. We will answer them all – in sha Allaah – in the following points. Firstly: What you did with the servant woman is haraam and is not permissible. A servant woman is not a slave woman whom it is permissible to touch and have intercourse with. A servant woman is free and is not permissible for you except through marriage, which is what you did, but unfortunately you did it late. The contract that existed between you and the servant woman was a contract of employment, which was to serve you in your house. It was not a contract that permitted you to have intercourse with her. You say that she agreed 348


that you would be her master and she let you touch her and look at her, and that you freed her from the contract, but this has no basis of validity in sharee’ah in the sense that you refer to. A free woman cannot become a slave unless she is a kaafir woman from a state that is at war with the Muslims and the Muslims have captured her. This does not apply in the case which you are asking about. Secondly: Slaves (men and women) may be taken in the wars that take place between Muslims and kaafirs, not in wars that are fought amongst the Muslims at times of tribulation. Islam limited the sources of slaves which existed before the mission of the Prophet (peace and blessings of Allaah be upon him) to just one source, namely slavery resulting from capturing prisoners from among the kuffaar, including women and children. Shaykh al-Shanqeeti (may Allaah have mercy on him) said: The reason why a person may be taken as a slave is his being a kaafir and waging war against Allaah and His Messenger. If Allaah enables the Muslims who are striving and sacrificing their lives and their wealth and all that Allaah has given them to make the word of Allaah supreme over the kaafirs, then He allows them to enslave the kuffaar when they capture them, unless the ruler chooses to free them or to ransom them, if that serves the interests of the Muslims. Adwa’ al-Bayaan, 3/387 Thirdly: The mujaahideen take possession of slave women as they take possession of the spoils of war. It is permissible for the one who gains possession of male or female slaves to sell them. In both cases – owning a slave through battle 349


or through purchase – it is not permissible for a man to have intercourse with a slave woman until after she has had one menstrual cycle from which it may be established that she is not pregnant. If she is pregnant, then he must wait until she has given birth. It was narrated that Ruwayfi’ ibn Thaabit al-Ansaari said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say on the day of Hunayn: “It is not permissible for any man who believes in Allaah and the Last Day to irrigate the crop of another else – meaning to have intercourse with a woman who is pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to have intercourse with a captured woman until he has established that she is not pregnant. And it is not permissible for a man who believes in Allaah and the Last Day to sell any booty until it has been shared out.” Narrated by Abu Dawood, 2158; classed as hasan by Shaykh al-Albaani in Saheeh Abi Dawood, 1890. Fourthly: It is permissible for there to be a physical relationship between a man and his female slave just as there is between a man and his wife, unless he marries her off to someone else, in which case it is not permissible for him to have intercourse with her because it is not permissible for a woman to be in an intimate relationship with two men at the same time. Fifthly: There are no limits with regard to the age difference between a man and his female slave, apart from the fact that it is not permissible for him to have intercourse with her until after she has become able for that. Sixthly: 350


The relationship between a man and his female slave should be announced publicly and not kept secret. That is because there are rulings that stem from this announcement, such as if they have children, and so as to ward off any suspicions that people who see them together may have concerning him and her. Seventhly: The Prophet (peace and blessings of Allaah be upon him) owned some male and female slaves, among whom were the following: Ibn al-Qayyim said: Zayd ibn Haarithah ibn Shuraaheel, the beloved of the Messenger of Allaah (peace and blessings of Allaah be upon him). He freed him and arranged his marriage to his freed slave woman Umm Ayman, and she bore him Usaamah. His other slaves include Aslam, Abu Raafi’, Thawbaan, Abu Kabshah Sulaym, Shaqraan (whose name was Saalih), Rabaah (who was Nubian), Yassaar (who was also Nubian and was killed by the ‘Arniyeen); Mid’am and Kirkirah (another Nubian) – these two were killed at Khaybar. They also included Anjashah al-Haadi and Safeenah ibn Farookh, whose real name was Mihraan, but the Messenger of Allaah (peace and blessings of Allaah be upon him) called him Safeenah (= “ship”) because they used to make him carry their luggage when they traveled, so he said, “You are a ship (anta safeenah).” Abu Haatim said that the Messenger of Allaah (peace and blessings of Allaah be upon him) freed him; someone else said that Umm Salamah freed him. The Prophet’s slaves also included Anasah, whose nickname was Abu Mashrah; Aflah; ‘Ubayd; Tahmaan – also known as Keesaan; Dhakwaan; Mihraan; Marwaan – although it was said that this was another name of Tahmaan, and Allaah knows best; Hunayn; Sandar; Fudaalah (who was Yemeni); 351


Maaboor (who was a eunuch); Waaqid; Abu Waaqid; Qassaam; Abu ‘Usayb and Abu Muwayhabah. His female slaves included: Salma (Umm Raafi’); Maymoonah bint Sa’d; Khadrah; Radwa; Razeenah; Umm Dameerah; Maymoonah bint Abi ‘Usayb; Maariyah and Rayhaanah. Zaad al-Ma’aad, 1/114-116 Eighthly: It is rare nowadays to find slaves in the shar’i sense in which it is permissible to be intimate with them etc. That is because most of the Muslims have long since given up the obligation of jihad for the sake of Allaah, in addition to their position of weakness and humiliation before their kaafir enemies, so that many of the majority-Muslim nations have signed the protocol that expressly forbids slavery and strives to put an end to it, which was agreed upon in the United Nations in 1953. Based on that we must be very careful in examining any case where people are bought and sold as slaves, and we must also beware of the misinterpretation of the word amah (pl. imaa’) (= slave woman) which some new Muslims understand to mean that enslavement takes place simply by paying the woman some money and agreeing to have intercourse with her. This is like prostitution which is now widespread in some immoral places, night clubs and telephone sex services. We ask Allaah to help us and you to be patient with regard to matters of our religion and to protect us from falling into evil. And Allaah knows best. Islam Q&A (www.islam-qa.com) 352


13202: It is not permissible for a master to have intercourse with his married slave woman Question: Is a man permitted to have sexual intercourse with a slave woman who is married? Answer: Praise be to Allaah. It is not permissible for a man to have intercourse with his slave woman who is married; whoever does that has committed a haraam (forbidden) action and is to be punished. Ibn Qudaamah said in al-Mughni: if he marries off his slave woman, then it is forbidden for him to have intercourse with her… There is no doubt and no dispute concerning the prohibition on his having intercourse with her, for she is now permissible to her husband, and no woman can be permissible to two men. If he has intercourse with her then he is guilty of sin and must be punished. Ahmad said, he should be flogged but not stoned, i.e., his punishment (ta’zeer) should take the form of flogging. Vol. 9, p. 497. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com) 5707: The difference between slaves and prostitutes Question: I’ve heard that it is allowed for men to have intercourse 353


with their slaves. Does that stand for women too, & if men can have intercourse with their slaves (the ones they have bought) then why is it so much ill thought of the prostitutes...they too are, kind of bought at others will, for shorter time period perhaps. Can you make all this clear & why is it so that Islam did not stop slavery....they are humans as well, & are against their will kept in captivity & against their will may be forced into intercourse? Answer: Praise be to Allaah. Slavery in Islam was originally prescribed because of Kufr. If there is jihaad between the Muslims and the kuffaar, and a number of kuffaar are taken prisoner, the commander is given the choice of sharing them out, doing them a favour (by releasing them) or paying their ransom. If they are shared out as part of the booty, they become slaves, subject to the laws governing products which may be sold. But at the same time, Islam urges the freeing of slaves and makes doing so an act of expiation for numerous sins. In principle, slavery is not something that is desirable; what is encouraged in Islam is the freeing of slaves. If a woman is enslaved according to sharee’ah, it is permissible for her master to have intercourse with her. This is unlike prostitution or zinaa, which Islam has forbidden as a precaution against mixing lineages and other reasons for which it is forbidden. There is no comparison between the two, because if a slave woman becomes pregnant, the child belongs to the master and she becomes free when he dies, because she has become the mother of the master’s child (umm walad), and is subject to the same rulings as a wife. And Allaah knows best. Written by al-Khudayr (www.islam-qa.com) 354


Chapter 15 Transactions Guardianship, Representation 36573: Someone appointed him to buy something for him; is it permissible for him to increase the price without that person’s knowledge? Question: Is it permissible to take a sum of money in return for doing a service for someone? For example, someone asked me to buy something for him, because I have knowledge of such things. Then one of my friends agreed to give me that thing for a cheap price, because of my standing with him. Can I increase the price a little for the one who asked me to buy it and keep the difference for myself without him knowing?. Answer: Praise be to Allaah. If someone has appointed you to buy something for him, you do not have the right to increase its price, because you have been entrusted with that, and the basic principle is that any loss or gain goes back to the person who appointed you, unless he allows you to take some of it. It is permissible for you to ask him for a fee in return for acting on his behalf, or to tell him that you will buy the item and then sell it to him. If the seller gives it to you for free, then according to the scholars it belongs to the one 355


who appointed the other to buy it, not to the one who was appointed (the agent). It says in Mataalib Uli’l-Nuha (3/132): “If a seller gives someone who is acting as an agent a gift, after he bought something from him, it is like decreasing the price, so it is part of the transaction and so it belongs to the one who appointed him.” This means that any reduction in price is for the benefit of the one who appointed the person to buy the item; the same applies to any gift that is given by the seller to the agent. The Standing Committee was asked: Someone else appointed me to buy something for him, and its price was five pounds, for example, but the man gave it to him for four and a half pounds. Does he (the agent) have the right to take the remaining money, which is half a pound (fifty pence), or not? The Committee replied: This is regarded as appointing someone else to do something on one’s behalf, and it is not permissible for the person appointed as an agent to take anything from the wealth of the one who appointed him, except with his permission, because of the general meaning of the evidence which states that the wealth of a Muslim man is haraam to others unless he gives it willingly. Fataawa al-Lajnah al-Daa’imah, 14/273. It also says (in Fataawa al-Lajnah al-Daa’imah, 14/275): The Muslim must be honest in his dealings. It is not permissible for him to lie and to take people’s wealth unlawfully. That includes the case of a man who appoints his brother to buy something for him; it is not permissible for him (the agent) to take anything more than the price 356


that he paid for the goods. Similarly it is not permissible for the one who sold it to him to write a price other than the real price on the bill in order to deceive the one who appointed him, so that he will pay more than the real price and the agent will pocket the difference, because this is a kind of coopering in sin and iniquity, and consuming people’s wealth unlawfully. A Muslim’s wealth is not permissible to others unless he gives it willingly. And Allaah knows best. Islam Q&A (www.islam-qa.com) 26770: Is it permissible for a daughter to pay zakaat al-fitr on behalf of her father? Question: Can a daughter pay zakat/zakat elfitr on behalf of her father?. Answer: Praise be to Allaah. Shaykh Muhammad al-‘Uthaymeen (may Allaah have mercy on him) said: Whoever pays on behalf on one whose zakaat al-fitr he is not obliged to pay must have his permission. So if Zayd pays it on behalf of ‘Amr without his permission, that is not valid, because Zayd is not obliged to pay zakaat alfitr on behalf of ‘Amr. It is essential that the right intention (niyyah) be formed, either on the part of the one who is obliged to pay it or on the part of the one who pays it on his behalf. This is based on a principle that is well known 357


to the fuqaha’, which they called tasarruf al-fudooli, referring to the question of when a person acts on behalf of another without his permission, is the action completely invalid or does it depend on the permission and approval of the other person? There is a dispute among the scholars on this matter. The most correct view is that it is valid if the other person gives his approval. And the Shaykh quoted the hadeeth of Abu Hurayrah’s interaction with the Shaytaan when he was guarding the zakaah. See the text of this hadeeth in the answer to question no. 6092. This is corroborated by the fact that the Messenger (peace and blessings of Allaah be upon him) approved of this action on the part of Abu Hurayrah and regarded it as valid, even those what was taken from was zakaah, and Abu Hurayrah was appointed to guard it, and not anyone else. Al-Sharh al-Mumti’, 6/165. And Allaah knows best. Islam Q&A (www.islam-qa.com) 22297: Agent taking payment for doing something on behalf of another Question: Is it permissible for an agent who does something on behalf of another to take payment for his work? Answer: Praise be to Allaah. It is permissible to appoint an agent with or without payment. The evidence for appointing an 358


agent without payment is that the Prophet (peace and blessings of Allaah be upon him) appointed Unays to carry out the hadd punishment on a woman, and he appointed ‘Urwah al-Baariqi to buy a sheep, without paying them for that. There are many similar examples in the ahaadeeth apart from those that we have mentioned. The evidence for appointing an agent with payment is the aayah (interpretation of the meaning): “As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and AlMasaakeen (the poor) and those employed to collect (the funds)…” [al-Tawbah 9:60] so those who are appointed to collect and distribute the zakaah are given a share of it as you can see. Adwaa’ al-Bayaan, 4/54. (www.islam-qa.com) 4347: Delegating a charity organization to pay kafaarat yameen (expiation for breaking a vow) Question: I have a question regarding the kaffaarah mentioned in the eighty ninth ayah of sooratul Maa’idah, that the deliberate violation of an oath should be expiated by feeding ten poor persons the average of what you feed your own family, clothe them, free a slave or fast if none of these is possible. Would sending money through a relief group (Muslims serving Muslims) fulfill feeding the ten poor persons according to the standard that one feeds his own family? This is assuming that no money was extracted for administrative charges,there is money enough to feed the appropriate number of people, and that the people 359


involved in the distribution of the food are of sound repute. If this is not acceptable what person would be acceptable as a “poor person”? Answer: Praise be to Allaah. If you cannot find any poor person who deserves to receive zakaah in the country where you live, there is nothing wrong with transferring the kafaarah to another country via a trustworthy person or group who can act as the agent of the person who is paying the kafaarah, so that it can reach deserving people of the categories mentioned in the aayah, under the conditions of kafaarah stated. But paying money instead of giving what is stated is not enough. The person who is considered to be poor or needy is the one who does not have enough of the bare necessities. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com) 11551: Women and teaching Question: What are the fields which it is permissible for a woman to learn? Is it permissible for her to work as a lawyer and take on cases representing others as much as she is able to? Answer: Praise be to Allaah. 360


Women may learn about their religion and whatever will be of use to them in their lives as wives and mothers. Then if a woman is able and circumstances are suitable, she may learn other things too. There is no reason why she should not learn the profession of teaching, whether she teaches in women’s schools or in her own home. A woman may also learn medicine and nursing, especially in the field of women’s diseases (gynaecology), so that she can be a women’s doctor or a women’s nurse, and women will not be forced to go to male doctors. It is permissible for a woman to represent another person in a case, hence it is permissible for her to be a lawyer, because lawyers represent defendants. However, the field of law nowadays has taken a wrong turning. Moreover, the lawyer needs to mix with the defendants and attend court, etc., and women are not allowed to do any of these things. So it is not appropriate for women to become lawyers so long as things remain as they are. Wilaayat al-Mar’ah fi’l-Fiqh al-Islami p. 690 (www.islamqa.com) 4048: Ruling on an employee and agent of the company owner taking a commission on sales Question: I work as an employee in a company and the owner of the company asked me to sell some land he owns that has nothing to do with the work of the company. I showed it to a number of landlords and real estate agents until I got a good offer and the sale was completed. The purchaser offered me a sum of money. Is it permissible for me to take it in return for acting as a middleman? 361

Answer: Praise be to Allaah. We put this question to Shaykh Ibn ‘Uthaymeen, who replied: What was offered to him? We said: he was told, “You have put a lot of effort into this, so you deserve a reward.” The Shaykh asked: Was this before the sale or afterwards? We said: After the sale. The Shaykh said: there is nothing wrong with it and there is no sin on him. We said: And if it was before the sale? The Shaykh said: That would not be permissible because then he may try to do the purchaser a favour. Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islamqa.com)

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