Q) What is the ruling on a husband who allows his wife to go out of the house with make-up on and big earings dangling from her ears, along with her kimaar worn in such a way that it exposes her ears and neck.
A) Praise be to Allaah.
The husband has to realize that he is responsible for his wife, sons and daughters. According to the hadeeth of ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with them both), he said, “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say, Each of you is a shepherd and each of you is responsible for his flock. The ruler is a shepherd and is responsible for his flock. A man is a shepherd and is responsible for his flock. A 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 by al-Bukhaari, 893; Muslim, 1829
So the husband will be accountable before Allaah on the Day of Resurrection for his wife and children if he fell short in advising them and teaching them properly.
Secondly:
The scholars have stated that women’s adornments fall into two categories:
Visible adornment, which is the woman’s outer dress
And hidden adornment, which no one should see except the husband, such as kohl, bangles and rings.
The evidence for that is the report narrated from Ibn Mas’ood (may Allaah be pleased with him) concerning the interpretation of the verse in which Allaah says (interpretation of the meaning):
“and not to show off their adornment except only that which is apparent”
[al-Noor 24:31]
Ibn Mas’ood said: The adornment is of two types, visible adornment and hidden adornment which no one should see except the husband. With regard to the visible adornment, this is the dress. With regard to the hidden adornment, this is things such as kohl, bangles and rings.
According to another report, visible adornment includes clothes. That which is hidden includes anklets, earrings and bangles.
Narrated by Ibn Jareer in his Tafseer, 18/117
A similar interpretation was also narrated from Ibn ‘Abbaas.
See Adwa’ al-Bayaan, 6/196
Therefore the scholars have said that it is obligatory for a woman to cover her face, hands and hidden adornments. This is what is regarded as more correct by a number of the scholars, including Shaykh al-Islam Ibn Taymiyah.
Al-Shanqeeti (may Allaah have mercy on him) said, when discussing this issue and after quoting the views of the scholars and stating that the report narrated from Ibn Mas’ood is more likely to be correct -:
This view is the most correct opinion in our view; it is more on the safe side, farthest removed from suspicion and causes of fitnah.
Adwa’ al-Bayaan, 6/192
Make-up and the like, and henna, are kinds of adornment which it is not permissible for a Muslim woman to show to non-mahrams.
Shaykh Muhammad al-Saalih al-‘Uthaymeen said:
There is nothing wrong with using henna for adornment, especially for a married woman who adorns herself with it for her husband. As for unmarried women, the correct view is that it is permissible, but she should not show it to people because it is a kind of adornment.
Fataawa al-Mar’ah al-Muslimah, 1/477
But some doctors have said that using artificial make-up harms a woman’s skin. If this is proven then it should be avoided.
Shaykh Ibn ‘Uthaymeen said:
If make-up beautifies a woman and does not cause her any harm, then there is nothing wrong with it, but I have heard that make-up damages the skin of the face, and that it therefore alters the skin of the face in an ugly way before the time when the skin changes as a result of ageing. I hope that women will ask their doctors about that. If that is proven, then using make-up is either haraam or makrooh at least, because everything that causes deformity in a person or makes him ugly is either haraam or makrooh.
Fataawa al-Mar’ah al-Muslimah, 1/474
Thirdly:
With regard to a woman’s neck and ears showing from under her khimaar, this is haraam, The ears and neck are among the areas which a woman is commanded to conceal from non-mahram men; they are part of the beauty which it is forbidden to uncover in front of anyone except one's husband and mahrams.
The fuqaha’ are agreed that a woman’s ears are ‘awrah and it is not permissible to show them to non-mahrams.
Any kind of adornment that is connected to them – such as earrings – is also part of the hidden adornment which it is not permissible to show.
Al-Mawsoo’ah al-Fiqhiyyah, 2/376
Concerning the conditions of hijaab, see question no. 6991.
To sum up:
It is not permissible for a husband to allow his wife to show her hidden adornments. He must tell her to wear proper hijaab otherwise the husband will be included among those whom sharee’ah counts as not having the proper protective jealousy concerning their honour.
The Prophet (peace and blessings of Allaah be upon him) said: “There are three who will not enter Paradise and Allaah will not look at them on the Day of Resurrection: the one who disobeys his parents, the woman who imitates men, and the cuckold.”
(Narrated by Ahmad; Ahmad Shaakir (6180) said, its isnaad is saheeh).
His wife has to fear Allaah and observe proper hijaab. That will be good for her with regard to her religious commitment and before her Lord.
And Allaah knows best.
Islam Q&A
Saturday, August 2, 2008
Putting money in riba-based banks
Q) I am a woman and I have a lot of money that I inherited. I am spending on my house, food, college fees and arranging marriages for my children. My husband is a police officer, but his salary is not enough for us to live comfortably without any financial difficulties. I put all my inheritance in the bank and we are living on the interest. Is the way I am spending it counted as zakaah or do I have to pay zakaah too? How much is the zakaah on the interest or the capital?
A) Praise be to Allaah.
1 – Putting money in riba-based banks and taking the riba (which is called “interest”) is haraam and is a major sin.
The scholars of the Standing Committee said:
Firstly:
The profits which the bank pays to depositors on the sums of money that they deposit in the bank is regarded as riba (usury, interest) and it is not permissible for him to benefit from these profits. He has to repent to Allaah from depositing money in riba-based banks, and withdraw the money he deposited and the interest. He should then keep the capital and spend the interest on charitable causes to help the poor and needy, to provide facilities and so on.
Secondly:
He should look for a way that avoids dealing in riba, even if it is investing in a store, and put his money there as a mudaarabah transaction, on the basis that he will have a set share of the profits, such as one-third, or he should put the money there for safekeeping, without getting any interest.
Fataawa Islamiyyah, 2/404
What is meant by mudaarabah (silent partnership or limited partnership) is when two people cooperate, one by contributing money and the other by doing the work, and the profits are shared between them according to whatever agreement they reached.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said:
Undoubtedly dealing with banks that deal with riba is not permissible, because that is helping them in sin and transgression. Allaah says (interpretation of the meaning):
“Help you one another in Al‑Birr and At‑Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression”
[al-Maa'idah 5:2]
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 records it and the two who witness it, and he said, “They are all the same.” This was narrated by Muslim in his Saheeh.
With regard to putting money in riba-based banks with a monthly or annual interest payment, this also comes under the heading of riba which is haraam, according to scholarly consensus. As for putting it in the bank without interest, in order to be on the safe side it is better not to do that except in case of necessity if the bank deals with riba, because putting money in the bank, even if you do not take interest, is still helping them to do riba-based transactions, so there is the fear that the one who does this will come under the same heading as those who cooperate in sin and transgression, even if that is not what he intended. So we must beware of that which Allaah has forbidden and look for the right way to keep our money and dispose of it. May Allaah help the Muslims to do that which will lead to their happiness and glory and success. May He make it easy for them to quickly establish Islamic banks that are free from riba-based transactions, for He is able to do that. May Allaah send blessings upon our Prophet Muhammad and his family and companions.
Fataawa Ibn Baaz, 4/30, 31
2 – What a mother spends on her children does not count as zakaah, because if a father is unable to spend on his children, the duty to do so passes to the mother, if she has the means. Al-Mughni, 11/373
If the mother is obliged to spend on her children and they become independent of means because of this spending, then it is not permissible to give them zakaah.
3 – The money should be withdrawn from the riba-based bank quickly, and it is not permissible for you to benefit from any of the interest, rather you have to get rid of it by spending it in any charitable way. The interest that you took before is forgiven, if you took it because you were unaware of the Islamic ruling.
Shaykh ‘Abd-Allaah ibn Jibreen said:
You have to repent for the riba that you consumed that was given to you by the bank in the name of interest, but you do not have to dispose of it. Rather it is something that Allaah forgives, because He 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]
If you take riba after that, then give it to those who deserve charity, whether they are relatives or strangers, so that you may be free of the sin of consuming riba.
Fataawa Islamiyyah, 2/406, 407
And Allaah knows best.
Islam Q&A
A) Praise be to Allaah.
1 – Putting money in riba-based banks and taking the riba (which is called “interest”) is haraam and is a major sin.
The scholars of the Standing Committee said:
Firstly:
The profits which the bank pays to depositors on the sums of money that they deposit in the bank is regarded as riba (usury, interest) and it is not permissible for him to benefit from these profits. He has to repent to Allaah from depositing money in riba-based banks, and withdraw the money he deposited and the interest. He should then keep the capital and spend the interest on charitable causes to help the poor and needy, to provide facilities and so on.
Secondly:
He should look for a way that avoids dealing in riba, even if it is investing in a store, and put his money there as a mudaarabah transaction, on the basis that he will have a set share of the profits, such as one-third, or he should put the money there for safekeeping, without getting any interest.
Fataawa Islamiyyah, 2/404
What is meant by mudaarabah (silent partnership or limited partnership) is when two people cooperate, one by contributing money and the other by doing the work, and the profits are shared between them according to whatever agreement they reached.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said:
Undoubtedly dealing with banks that deal with riba is not permissible, because that is helping them in sin and transgression. Allaah says (interpretation of the meaning):
“Help you one another in Al‑Birr and At‑Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression”
[al-Maa'idah 5:2]
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 records it and the two who witness it, and he said, “They are all the same.” This was narrated by Muslim in his Saheeh.
With regard to putting money in riba-based banks with a monthly or annual interest payment, this also comes under the heading of riba which is haraam, according to scholarly consensus. As for putting it in the bank without interest, in order to be on the safe side it is better not to do that except in case of necessity if the bank deals with riba, because putting money in the bank, even if you do not take interest, is still helping them to do riba-based transactions, so there is the fear that the one who does this will come under the same heading as those who cooperate in sin and transgression, even if that is not what he intended. So we must beware of that which Allaah has forbidden and look for the right way to keep our money and dispose of it. May Allaah help the Muslims to do that which will lead to their happiness and glory and success. May He make it easy for them to quickly establish Islamic banks that are free from riba-based transactions, for He is able to do that. May Allaah send blessings upon our Prophet Muhammad and his family and companions.
Fataawa Ibn Baaz, 4/30, 31
2 – What a mother spends on her children does not count as zakaah, because if a father is unable to spend on his children, the duty to do so passes to the mother, if she has the means. Al-Mughni, 11/373
If the mother is obliged to spend on her children and they become independent of means because of this spending, then it is not permissible to give them zakaah.
3 – The money should be withdrawn from the riba-based bank quickly, and it is not permissible for you to benefit from any of the interest, rather you have to get rid of it by spending it in any charitable way. The interest that you took before is forgiven, if you took it because you were unaware of the Islamic ruling.
Shaykh ‘Abd-Allaah ibn Jibreen said:
You have to repent for the riba that you consumed that was given to you by the bank in the name of interest, but you do not have to dispose of it. Rather it is something that Allaah forgives, because He 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]
If you take riba after that, then give it to those who deserve charity, whether they are relatives or strangers, so that you may be free of the sin of consuming riba.
Fataawa Islamiyyah, 2/406, 407
And Allaah knows best.
Islam Q&A
Every time he enters the forum he says Subhaan Allaah and the members say tasbeeh and takbeer and tahleel
Q) We notice that in many forums, a member enters and says “subhan Allah” and in response, the second member says “Allahu Akbar” and so on, they keep doing the same every time a member enters the forum. What is the ruling on this? May Allah bless you!.
A) Praise be to Allaah.
If the one who is entering the forum wants to remind his brothers to say tasbeeh and tahleel and takbeer, so he says tasbeeh or takbeer and the other members respond to him, and remember Allaah, then there is nothing wrong with that. It comes under the heading of mentioning Allaah in a gathering, concerning which there is an important, well known hadeeth:
It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: “Allaah, may He be glorified and exalted, says: ‘I am as My slave thinks I am, and I am with him when he remembers Me. If he remembers me to himself, I remember him to Myself; if he remembers Me in a gathering, I remember him in a gathering better than it; if he draws near to Me a handspan, I draw near to him an arm’s length; if he draws near to me an arm’s length, I draw near to him a fathom’s length; if he comes to Me walking, I go to him at speed.”
Narrated by al-Bukhaari (7405) and Muslim (2675).
And he (peace and blessings of Allaah be upon him) said: “No people sit together in a gathering where they do not remember Allaah or send blessings upon their Prophet, but it will be a source of regret and sorrow; if He wills He will punish them and if He wills He will forgive them.” Narrated by al-Tirmidhi (3380) and Abu Dawood (5059); classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
The reservations in this case have to do with adopting a specific number of times or order of reciting, such as if he starts with tasbeeh and someone else thinks that he has to follow it with takbeer and tahmeed. Believing that it is to be done in a certain order, or that there is a specific number of times for reciting dhikr for which there is no evidence in sharee’ah, or believing that it is Sunnah to recite dhikr in this manner – all of these are bid’ahs or innovations.
The scholars pointed out that singling out a time or place or specific manner for acts of worship that was not narrated (in sharee’ah) is bid’ah or innovation. In that case it is called bid’ah idaafiyyah (additional bid’ah) because it is prescribed in principle, but is rejected because of how it is done.
Al-Shaatibi (may Allaah have mercy on him) said: Bid’ah (innovation) refers to something that is newly invented in matters of religion that appears similar to that which prescribed, by which people intend to go to extremes in worshipping Allaah.
This includes adhering to certain ways and manners of worship, such as reciting dhikr in unison, or taking the birthday of the Prophet (peace and blessings of Allaah be upon him) as an Eid, and so on.
It also includes doing certain acts of worship at certain times for which there is no basis in sharee’ah, such as always fasting on the fifteenth of Sha’baan (yawm al-nusf min Sha’baan) and spending that night in prayer.
End quote from al-I’tisaam (1/37-39).
See also the answer to question no. 11938.
And Allaah knows best.
Islam Q&A
A) Praise be to Allaah.
If the one who is entering the forum wants to remind his brothers to say tasbeeh and tahleel and takbeer, so he says tasbeeh or takbeer and the other members respond to him, and remember Allaah, then there is nothing wrong with that. It comes under the heading of mentioning Allaah in a gathering, concerning which there is an important, well known hadeeth:
It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) said: “Allaah, may He be glorified and exalted, says: ‘I am as My slave thinks I am, and I am with him when he remembers Me. If he remembers me to himself, I remember him to Myself; if he remembers Me in a gathering, I remember him in a gathering better than it; if he draws near to Me a handspan, I draw near to him an arm’s length; if he draws near to me an arm’s length, I draw near to him a fathom’s length; if he comes to Me walking, I go to him at speed.”
Narrated by al-Bukhaari (7405) and Muslim (2675).
And he (peace and blessings of Allaah be upon him) said: “No people sit together in a gathering where they do not remember Allaah or send blessings upon their Prophet, but it will be a source of regret and sorrow; if He wills He will punish them and if He wills He will forgive them.” Narrated by al-Tirmidhi (3380) and Abu Dawood (5059); classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
The reservations in this case have to do with adopting a specific number of times or order of reciting, such as if he starts with tasbeeh and someone else thinks that he has to follow it with takbeer and tahmeed. Believing that it is to be done in a certain order, or that there is a specific number of times for reciting dhikr for which there is no evidence in sharee’ah, or believing that it is Sunnah to recite dhikr in this manner – all of these are bid’ahs or innovations.
The scholars pointed out that singling out a time or place or specific manner for acts of worship that was not narrated (in sharee’ah) is bid’ah or innovation. In that case it is called bid’ah idaafiyyah (additional bid’ah) because it is prescribed in principle, but is rejected because of how it is done.
Al-Shaatibi (may Allaah have mercy on him) said: Bid’ah (innovation) refers to something that is newly invented in matters of religion that appears similar to that which prescribed, by which people intend to go to extremes in worshipping Allaah.
This includes adhering to certain ways and manners of worship, such as reciting dhikr in unison, or taking the birthday of the Prophet (peace and blessings of Allaah be upon him) as an Eid, and so on.
It also includes doing certain acts of worship at certain times for which there is no basis in sharee’ah, such as always fasting on the fifteenth of Sha’baan (yawm al-nusf min Sha’baan) and spending that night in prayer.
End quote from al-I’tisaam (1/37-39).
See also the answer to question no. 11938.
And Allaah knows best.
Islam Q&A
Ruling on those who say that Islam is unjust to women and that it has kept half of society idle
Q) Some people started believing in what the media of the enemies try to spread, which is an intellectual planned invasion. Like when they say: “ Islam is unjust to women, Islam has kept women at their homes and thus kept half of the society unemployed”. What is your answer and comment on this lie?
A) Praise be to Allaah.
My comment on this is that these words can only come from one who is ignorant of sharee’ah, ignorant of Islam, ignorant of the rights of women, and is impressed by the attitudes and ways of the enemies of Allaah who are far away from the truth. Islam – praise be to Allaah – did not take away women’s rights, but Islam is the religion of wisdom which gives everyone his or her rightful status. Women’s work is in the home, and her staying at home is for the purpose of looking after her husband, raising her children, taking care the household affairs, and doing work that is suited to her. The man has his own work to do, which is usually earning a living and benefiting the ummah. When she stays at home to look after him and her children, and the interests of her children, that is the work that is suited to her. It is also a protection for her, as it keeps her far away from immorality which may occur if she goes out and works with men. It is well known that when women work with men that also adversely affects the man’s work, because the man has a natural inclination towards the woman. If he works with her he will be distracted by this woman, especially if she is young and beautiful. He will forget his work and if he does it, he will not do it properly. The one who studies the situation of the Muslims at the beginning of Islam will see how they protected their womenfolk and how they did their work in the best manner. End quote.
Shaykh Muhammad ibn ‘Uthaymeen.
Alfaaz wa Mafaaheem fi Meezaan al-Sharee’ah (p. 72-73).
A) Praise be to Allaah.
My comment on this is that these words can only come from one who is ignorant of sharee’ah, ignorant of Islam, ignorant of the rights of women, and is impressed by the attitudes and ways of the enemies of Allaah who are far away from the truth. Islam – praise be to Allaah – did not take away women’s rights, but Islam is the religion of wisdom which gives everyone his or her rightful status. Women’s work is in the home, and her staying at home is for the purpose of looking after her husband, raising her children, taking care the household affairs, and doing work that is suited to her. The man has his own work to do, which is usually earning a living and benefiting the ummah. When she stays at home to look after him and her children, and the interests of her children, that is the work that is suited to her. It is also a protection for her, as it keeps her far away from immorality which may occur if she goes out and works with men. It is well known that when women work with men that also adversely affects the man’s work, because the man has a natural inclination towards the woman. If he works with her he will be distracted by this woman, especially if she is young and beautiful. He will forget his work and if he does it, he will not do it properly. The one who studies the situation of the Muslims at the beginning of Islam will see how they protected their womenfolk and how they did their work in the best manner. End quote.
Shaykh Muhammad ibn ‘Uthaymeen.
Alfaaz wa Mafaaheem fi Meezaan al-Sharee’ah (p. 72-73).
Raising the hands in prayer when getting up after saying the Tashahhud
Q) You mentioned in a previous answer Q.3267 that we need to raise our hands when standing up from the second rakah. If we join the prayer late, which is counted as our second rakah? For example, if we join in the 2nd rakah, this will the second rakah for the jamaa'h, but only the first rakah for us.
A) Praise be to Allaah.
Yes, whatever the person who joins the prayer late catches up with, with the imaam is the first part of his prayer. See Question no. 23426.
And it is mustahabb to raise the hands when getting up after the first Tashahhud.
But does the person who is one rak’ah behind the imam have to raise his hands when getting up after saying the Tashahhud or not?
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about that and he said:
He should raise his hands, because it seems that the hands should be raised when he gets up for the third rak’ah because he is getting up after reciting the Tashahhud, and this applies to the one who joins the prayer with the imam late. And Allaah knows best.
Note:
The questioner’s comment that raising the hands is obligatory is not correct, because raising the hands (at this point) is one of the Sunnahs of prayer, and is not obligatory (waajib).
Islam Q&A
A) Praise be to Allaah.
Yes, whatever the person who joins the prayer late catches up with, with the imaam is the first part of his prayer. See Question no. 23426.
And it is mustahabb to raise the hands when getting up after the first Tashahhud.
But does the person who is one rak’ah behind the imam have to raise his hands when getting up after saying the Tashahhud or not?
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about that and he said:
He should raise his hands, because it seems that the hands should be raised when he gets up for the third rak’ah because he is getting up after reciting the Tashahhud, and this applies to the one who joins the prayer with the imam late. And Allaah knows best.
Note:
The questioner’s comment that raising the hands is obligatory is not correct, because raising the hands (at this point) is one of the Sunnahs of prayer, and is not obligatory (waajib).
Islam Q&A
She is a new Muslim and is complaining about her husband
Q) I am a woman, who al-Hamdulillah, Allah guided to the straight path of Islam.
I do my best to follow Allahs deen, but I need some advise on some problems in relation to my husband.
I must tell you that the situation in our marriage is somewhat strained. Only a few months ago I came to the point when I asked my husband for a divorce because he neglected his Salaat even though he had been told about his duties, and he also had developed a bad habit of threatening with divorce and actually throwing me out of the house when he lost his temper. But when he realised that I was actually going to leave him, he repented and changed his ways, so I withdrew my question and returned. But there is still some tension between us. This is mostly due to the fact that as it is today, my husbands eeman is weaker than mine. I do not think I am perfect, and I know I also make mistakes. But I constantly see my husband doing things that are wrong (both things haram and makruh), and I cannot restrain myself and not speak to him about it. This is for example like using bad language in front of our daughter, or biting and kissing her in places where she should rather learn shyness, etc. When I tell him that it is not good to do these things, and sometimes I am able to give evidence from Qur'an and Sunna, he will either say that he knows this, and then continue with what he is doing, or become angry and tell me to mind my own business. This is a source of irritation for both me and my husband, and we are losing patience with each other. My question is: What is my test from Allah here? Is it not my duty to inform or remind him of what is right when I know it? Or should I be patient with him and wait till he finds out for himself, because he has started to read Islamic books. The reason I need some advise on this issue, is that my husband is getting quite annoyed with these reminders, and I am losing patience and becoming angry when he doesen't listen. Please try to give some advise, and please show the evidence from Qur'an or Sunnah that you lay to ground for your advise.
A) Praise be to Allaah.
We praise Allaah for having blessed you and guided you to obey Him and please Him, and that your husband has been guided to change the way he treats you. We hope that this will give you hope that your husband will improve and mend his ways, in sha Allah.
You should note that a righteous woman can change many of her husband’s attitude and habits, if she goes about doing so in a wise and kindly manner, without being hasty.
Some husbands are put off by repeated advice from their wives, especially if that is in the presence of their children, because they may see that as an affront to their dignity or a belittling of their character.
Hence you should pay proper attention to that, and choose the right moment to advise him from time to time. You should also be kind and loving towards him when offering advice, in the hope that he will respond. Allaah says (interpretation of the meaning):
“Invite (mankind, O Muhammad) to the way of your Lord (i.e. Islam) with wisdom (i.e. with the Divine Revelation and the Qur’aan) and fair preaching, and argue with them in a way that is better”
[al-Nahl 16:125]
And the Prophet (peace and blessings of Allaah be upon him) said: “Kindness is not present in a thing but it makes it beautiful, and it is not missing from a thing but it makes it ugly.” (Narrated by Muslim, 2594, from the hadeeth of ‘Aa’ishah, may Allaah be pleased with her).
The husband is the most deserving of people to be treated kindly, because of his status and position.
We advise you to use various means to accomplish your mission, such as giving him some tapes and books, or bringing them home and leaving them near him, turning to Allaah and asking Him to put things right between you and to open your husband’s heart so that he will know the truth and act in accordance with it.
And Allaah knows best.
I do my best to follow Allahs deen, but I need some advise on some problems in relation to my husband.
I must tell you that the situation in our marriage is somewhat strained. Only a few months ago I came to the point when I asked my husband for a divorce because he neglected his Salaat even though he had been told about his duties, and he also had developed a bad habit of threatening with divorce and actually throwing me out of the house when he lost his temper. But when he realised that I was actually going to leave him, he repented and changed his ways, so I withdrew my question and returned. But there is still some tension between us. This is mostly due to the fact that as it is today, my husbands eeman is weaker than mine. I do not think I am perfect, and I know I also make mistakes. But I constantly see my husband doing things that are wrong (both things haram and makruh), and I cannot restrain myself and not speak to him about it. This is for example like using bad language in front of our daughter, or biting and kissing her in places where she should rather learn shyness, etc. When I tell him that it is not good to do these things, and sometimes I am able to give evidence from Qur'an and Sunna, he will either say that he knows this, and then continue with what he is doing, or become angry and tell me to mind my own business. This is a source of irritation for both me and my husband, and we are losing patience with each other. My question is: What is my test from Allah here? Is it not my duty to inform or remind him of what is right when I know it? Or should I be patient with him and wait till he finds out for himself, because he has started to read Islamic books. The reason I need some advise on this issue, is that my husband is getting quite annoyed with these reminders, and I am losing patience and becoming angry when he doesen't listen. Please try to give some advise, and please show the evidence from Qur'an or Sunnah that you lay to ground for your advise.
A) Praise be to Allaah.
We praise Allaah for having blessed you and guided you to obey Him and please Him, and that your husband has been guided to change the way he treats you. We hope that this will give you hope that your husband will improve and mend his ways, in sha Allah.
You should note that a righteous woman can change many of her husband’s attitude and habits, if she goes about doing so in a wise and kindly manner, without being hasty.
Some husbands are put off by repeated advice from their wives, especially if that is in the presence of their children, because they may see that as an affront to their dignity or a belittling of their character.
Hence you should pay proper attention to that, and choose the right moment to advise him from time to time. You should also be kind and loving towards him when offering advice, in the hope that he will respond. Allaah says (interpretation of the meaning):
“Invite (mankind, O Muhammad) to the way of your Lord (i.e. Islam) with wisdom (i.e. with the Divine Revelation and the Qur’aan) and fair preaching, and argue with them in a way that is better”
[al-Nahl 16:125]
And the Prophet (peace and blessings of Allaah be upon him) said: “Kindness is not present in a thing but it makes it beautiful, and it is not missing from a thing but it makes it ugly.” (Narrated by Muslim, 2594, from the hadeeth of ‘Aa’ishah, may Allaah be pleased with her).
The husband is the most deserving of people to be treated kindly, because of his status and position.
We advise you to use various means to accomplish your mission, such as giving him some tapes and books, or bringing them home and leaving them near him, turning to Allaah and asking Him to put things right between you and to open your husband’s heart so that he will know the truth and act in accordance with it.
And Allaah knows best.
Is the testimony of a person who raises pigeons acceptable?
Q) Why is not the testimony of a person who grows pigeons accepted (like carrier pigeons and other types)? I heard that once and I want to make sure of the ruling on this.
A) Praise be to Allaah.
There is nothing wrong with raising pigeons for the purpose of pleasure, or to breed them for food or to sell them, or to use them for sending messages as they were used in the past.
As for flying them for fun and playing with them, this is something that is regarded as blameworthy in sharee’ah, because it harms people and may lead to the “pigeon fancier” stealing the pigeons of others, and it wastes time in something that is of no benefit. This is the person whose testimony the scholars said is not acceptable.
Al-Kasaani said:
With regard to the one who plays with pigeons, if he does not fly them then it does not mean that he is not of good character, but if he does fly them, that cancels out his good character, because it leads to him looking at women uncovered (in the courtyards of their houses, from the height to which he climbs in order to fly the pigeons) and it distracts him from prayer and other acts of worship. End quote.
Badaa’i’ al-Sanaa’i (6/269).
Ibn Qudaamah said:
The one who plays with pigeons and flies them cannot give testimony. This is the view of ashaab al-ra’y (the Hanafis). Shurayh did not regard the testimony of one who keeps pigeons as acceptable, because it is foolishness and baseness and lack of chivalry; it involves annoying one’s neighbours when he releases them and sees into their houses and throws stones at them. The Prophet (peace and blessings of Allaah be upon him) saw a man who was chasing a pigeon and said: “A devil chasing a she-devil.” Narrated by Abu Dawood (4940); see also Saheeh al-Jaami’ (3724).
If he keeps pigeons in order to raise their chicks, send messages, or to enjoy them without that causing annoyance to others, then his testimony is not to be rejected.
Al-Mughni (10/172, 173).
Ibn al-Qayyim said:
The ruler should prevent those who play with pigeons above people’s heads, because that leads to them looking out over them and seeing into the private areas of their houses ( ‘awrah). End quote.
Al-Shawkaani said:
The words “a devil following a she-devil” indicate that it is makrooh to play with pigeons, and that it is a kind of entertainment that is not permissible. A number of scholars stated that it is makrooh, and it is not far-fetched to say that it is haraam – if the hadeeth is saheeh – because the fact that the one who does that is called a devil implies that, and the pigeon is described as a she-devil either because it is the cause of the man chasing it or because it does the actions of a she-devil in that it distracts men into following it and playing with it because of its beautiful appearance and sweet voice. End quote.
Nayl al-Awtaar (8/106).
And Allaah knows best.
Islam Q&A
A) Praise be to Allaah.
There is nothing wrong with raising pigeons for the purpose of pleasure, or to breed them for food or to sell them, or to use them for sending messages as they were used in the past.
As for flying them for fun and playing with them, this is something that is regarded as blameworthy in sharee’ah, because it harms people and may lead to the “pigeon fancier” stealing the pigeons of others, and it wastes time in something that is of no benefit. This is the person whose testimony the scholars said is not acceptable.
Al-Kasaani said:
With regard to the one who plays with pigeons, if he does not fly them then it does not mean that he is not of good character, but if he does fly them, that cancels out his good character, because it leads to him looking at women uncovered (in the courtyards of their houses, from the height to which he climbs in order to fly the pigeons) and it distracts him from prayer and other acts of worship. End quote.
Badaa’i’ al-Sanaa’i (6/269).
Ibn Qudaamah said:
The one who plays with pigeons and flies them cannot give testimony. This is the view of ashaab al-ra’y (the Hanafis). Shurayh did not regard the testimony of one who keeps pigeons as acceptable, because it is foolishness and baseness and lack of chivalry; it involves annoying one’s neighbours when he releases them and sees into their houses and throws stones at them. The Prophet (peace and blessings of Allaah be upon him) saw a man who was chasing a pigeon and said: “A devil chasing a she-devil.” Narrated by Abu Dawood (4940); see also Saheeh al-Jaami’ (3724).
If he keeps pigeons in order to raise their chicks, send messages, or to enjoy them without that causing annoyance to others, then his testimony is not to be rejected.
Al-Mughni (10/172, 173).
Ibn al-Qayyim said:
The ruler should prevent those who play with pigeons above people’s heads, because that leads to them looking out over them and seeing into the private areas of their houses ( ‘awrah). End quote.
Al-Shawkaani said:
The words “a devil following a she-devil” indicate that it is makrooh to play with pigeons, and that it is a kind of entertainment that is not permissible. A number of scholars stated that it is makrooh, and it is not far-fetched to say that it is haraam – if the hadeeth is saheeh – because the fact that the one who does that is called a devil implies that, and the pigeon is described as a she-devil either because it is the cause of the man chasing it or because it does the actions of a she-devil in that it distracts men into following it and playing with it because of its beautiful appearance and sweet voice. End quote.
Nayl al-Awtaar (8/106).
And Allaah knows best.
Islam Q&A
If a person forgets a Sunnah of the prayer, should he do the prostration of forgetfulness?
Q) 1- If a person forgets to say “Ameen” at the end of Surat Al-Fatihah in a prayer, what should he do?
2- If a person forgets to say “bismillah ar-rahmaan ar-raheem” before he recites in prayer, what should he do?
A) Praise be to Allaah.
Saying the Basmalah when reciting al-Faatihah or another soorah when praying is one of the Sunnahs of prayer, as is saying Ameen. If a person forgets either of them, he does not have to do the prostration of forgetfulness (sujood al-sahw). It is mustahabb for him to do it but if he does not, there is no sin on him and his prayer is valid.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: If a person omits any of the mustahabb words or actions because he forgets, but he usually does them, then it is prescribed for him to prostrate (the prostration of forgetfulness) so as to make up for this shortcoming, which is falling short with regard to what is perfect, not falling short in what is obligatory. That is because of the general meaning of the hadeeth: “For every mistake (sahw) there are two prostrations.” In Saheeh Muslim it says: “If one of you forgets, let him prostrate twice.” This is general in meaning. But if he omits a Sunnah that he does not usually do, then it is not Sunnah for him to do the prostration of forgetfulness, because it did not occur to him to do it.
End quote from al-Sharh al-Mumti’ (3/333).
For information on the pillars of prayer, and it obligatory and Sunnah parts, please see the answer to question no. 65847.
Islam Q&A
2- If a person forgets to say “bismillah ar-rahmaan ar-raheem” before he recites in prayer, what should he do?
A) Praise be to Allaah.
Saying the Basmalah when reciting al-Faatihah or another soorah when praying is one of the Sunnahs of prayer, as is saying Ameen. If a person forgets either of them, he does not have to do the prostration of forgetfulness (sujood al-sahw). It is mustahabb for him to do it but if he does not, there is no sin on him and his prayer is valid.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: If a person omits any of the mustahabb words or actions because he forgets, but he usually does them, then it is prescribed for him to prostrate (the prostration of forgetfulness) so as to make up for this shortcoming, which is falling short with regard to what is perfect, not falling short in what is obligatory. That is because of the general meaning of the hadeeth: “For every mistake (sahw) there are two prostrations.” In Saheeh Muslim it says: “If one of you forgets, let him prostrate twice.” This is general in meaning. But if he omits a Sunnah that he does not usually do, then it is not Sunnah for him to do the prostration of forgetfulness, because it did not occur to him to do it.
End quote from al-Sharh al-Mumti’ (3/333).
For information on the pillars of prayer, and it obligatory and Sunnah parts, please see the answer to question no. 65847.
Islam Q&A
Is it permissible to rent from kaafirs?
Q) Is it permissible for a Muslim to rent property from a non-Muslim? In the US, there are more non-Muslims than Muslims. Unfortunately, they hang crosses, display statues, in or on their property, etc. We rented property to hold a wedding. The rooms we rented and will use have no haram images. However, the owners have things displayed in the building. These items make me uncomfortable but our community is large and Muslims have not yet established businesses for this purpose. We encounter the same problem in renting out an apartment.(We also see these images in public schools, hospitals, etc.) The owner may display things on his part of the property but the tenant is free to display halal items on the portion they rent. I want this wedding to be an example to a people that have for the most part abandoned separate weddings. I cannot afford for it to be a bad example.
A) Praise be to Allaah.
It is permissible for a Muslim to rent property from a non-Muslim; the same applies to all other permissible dealings, such as selling, buying, depositing items as security on loans and others. The Prophet (peace and blessings of Allaah be upon him) and his companions used to do business with the Jews and others, and when the Prophet (peace and blessings of Allaah be upon him) died, his shield was deposited as security with a Jew for thirty saa’s of barley.
Narrated by al-Bukhaari, 2759.
If the rented party hall is free from haraam images, it does not matter if the owner puts any such thing or any other bad thing in his own private section.
The Muslims should strive to get their own place for such occasions, on condition that it be set up for segregation of men and women, and that it is not too far from a mosque, so that the people can pray in congregation when the time for prayer comes.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked the following question:
Those who live in kaafir countries, such as America, Britain, etc, have dealings with the kuffaar. What is the ruling on that?
The shaykh replied:
When the Prophet (peace and blessings of Allaah be upon him) died, his shield was deposited as security for a loan with a Jew. What is forbidden is to take them as close friends. As for buying and selling, there is nothing wrong with that. The Prophet (peace and blessings of Allaah be upon him) bought some sheep from an idolater and distributed them among his companions. Rather what is haraam is to take them as close friends, love them and support them against the Muslims. But if a Muslim buys from them, sells to them, or deposits something with them, there is nothing wrong with that. The Prophet (peace and blessings of Allaah be upon him) even ate the food of the Jews, and their food is permissible as Allaah says (interpretation of the meaning):
“The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them”
[al-Maa'idah 5:5]
Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah, 19/60
We ask Allaah to help you to do that and to help you to do what you want of obeying Him and avoiding disobedience.
And Allaah knows best.
Islam Q&A
A) Praise be to Allaah.
It is permissible for a Muslim to rent property from a non-Muslim; the same applies to all other permissible dealings, such as selling, buying, depositing items as security on loans and others. The Prophet (peace and blessings of Allaah be upon him) and his companions used to do business with the Jews and others, and when the Prophet (peace and blessings of Allaah be upon him) died, his shield was deposited as security with a Jew for thirty saa’s of barley.
Narrated by al-Bukhaari, 2759.
If the rented party hall is free from haraam images, it does not matter if the owner puts any such thing or any other bad thing in his own private section.
The Muslims should strive to get their own place for such occasions, on condition that it be set up for segregation of men and women, and that it is not too far from a mosque, so that the people can pray in congregation when the time for prayer comes.
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked the following question:
Those who live in kaafir countries, such as America, Britain, etc, have dealings with the kuffaar. What is the ruling on that?
The shaykh replied:
When the Prophet (peace and blessings of Allaah be upon him) died, his shield was deposited as security for a loan with a Jew. What is forbidden is to take them as close friends. As for buying and selling, there is nothing wrong with that. The Prophet (peace and blessings of Allaah be upon him) bought some sheep from an idolater and distributed them among his companions. Rather what is haraam is to take them as close friends, love them and support them against the Muslims. But if a Muslim buys from them, sells to them, or deposits something with them, there is nothing wrong with that. The Prophet (peace and blessings of Allaah be upon him) even ate the food of the Jews, and their food is permissible as Allaah says (interpretation of the meaning):
“The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them”
[al-Maa'idah 5:5]
Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah, 19/60
We ask Allaah to help you to do that and to help you to do what you want of obeying Him and avoiding disobedience.
And Allaah knows best.
Islam Q&A
Marrying a second wife when one is not able to take care of two wives
Q) One man (muslim of course) much older than me (20 years)proposed me the merriage but he is not divorced with his first women. He helped me many times in my life and showed me the first steps towards Islam. My father and mother are mulims but they didn't learn me something about praying, fasting or zekat.
That brother is going to have two womens but he is not able to take care about both of them. I asked my cemaat about this problem and some people gave the positive answer some of them don't accept it. I feel respect for that brother but I am not sure that I can live with him. Could you give me the advice, please?
A) Praise be to Allaah.
Allaah has enjoined certain things on a man who wants to marry more than one wife, which he must fulfil before he marries a second wife. One of these things is that he should be able treat them both fairly with regard to spending, staying overnight and providing accommodation. If he knows that he is unable to do that or that it is most likely that he cannot do so, it is not permissible for him to marry more than one wife.
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]
Mujaahid said: do not deliberately try to mistreat any of them, rather adhere to equal treatment with regard to dividing your time and spending, because this is something that a man can do.
Tafseer al-Qurtubi, 5/407
Shaykh al-Islam [Ibn Taymiyah] (may Allaah have mercy on him) said: As for fairness with regard to spending and clothing, this is the Sunnah, following the example of the Prophet (peace and blessings of Allaah be upon him). He treated his wives equally with regard to spending just as he did with regard to dividing his time amongst them.
Majmoo’ al-Fataawa, 32/269
Ibn al-Qayyim (may Allaah have mercy on him) said: [The Prophet] (peace and blessings of Allaah be upon him) used to treat them equally with regard to spending the night with them, providing accommodation and spending on them… but it is not obligatory to treat them equally with regard to that – i.e., love and intercourse – because that is something that a man has no control over.
Zaad al-Ma’aad, 1/151
Al-Haafiz ibn Hajar said: If he provides each one of them with sufficient clothing, maintenance and accommodation, it does not matter what he does after that of being more inclined towards one of them or giving gifts to them…
Al-Fath, 9/391
This is what Allaah has enjoined upon the one who wants to marry more than one wife. If a man is able to do that, there is nothing wrong with agreeing to marry him. If he is not, then we do not advise marrying him, rather it is not permissible for him to propose marriage in the first place.
With regard to your saying that he is not able to take care of two wives, if he is religiously-committed and of good character, and you can be patient and put up with some hardships in life, then there is nothing wrong with your agreeing to marry him. Allaah has promised the poor man who wants to get married that He will make him independent of means. Allaah says (interpretation of the meaning):
“If they be poor, Allaah will enrich them out of His Bounty”
[al-Noor 24:32]
Some of the salaf used to get married seeking provision, acting in accordance with this verse. But if you think that you will not be able to put up with some hardships in life, then there is nothing wrong with your refusing to marry him. The Prophet (peace and blessings of Allaah be upon him) advised Faatimah bint Qays, when Mu’aawiyah (may Allaah be pleased with him) proposed to her, not to marry him. He said, “He is a pauper and has no money.” (Narrated by Muslim, 1480).
We hope that there will be no unlawful relationship between you, either now or after you refuse to marry him. If he has done you some favour by showing you the right path and teaching you, that is no justification for meeting, corresponding, speaking in private and so on.
And Allaah knows best.
Islam Q&A
That brother is going to have two womens but he is not able to take care about both of them. I asked my cemaat about this problem and some people gave the positive answer some of them don't accept it. I feel respect for that brother but I am not sure that I can live with him. Could you give me the advice, please?
A) Praise be to Allaah.
Allaah has enjoined certain things on a man who wants to marry more than one wife, which he must fulfil before he marries a second wife. One of these things is that he should be able treat them both fairly with regard to spending, staying overnight and providing accommodation. If he knows that he is unable to do that or that it is most likely that he cannot do so, it is not permissible for him to marry more than one wife.
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]
Mujaahid said: do not deliberately try to mistreat any of them, rather adhere to equal treatment with regard to dividing your time and spending, because this is something that a man can do.
Tafseer al-Qurtubi, 5/407
Shaykh al-Islam [Ibn Taymiyah] (may Allaah have mercy on him) said: As for fairness with regard to spending and clothing, this is the Sunnah, following the example of the Prophet (peace and blessings of Allaah be upon him). He treated his wives equally with regard to spending just as he did with regard to dividing his time amongst them.
Majmoo’ al-Fataawa, 32/269
Ibn al-Qayyim (may Allaah have mercy on him) said: [The Prophet] (peace and blessings of Allaah be upon him) used to treat them equally with regard to spending the night with them, providing accommodation and spending on them… but it is not obligatory to treat them equally with regard to that – i.e., love and intercourse – because that is something that a man has no control over.
Zaad al-Ma’aad, 1/151
Al-Haafiz ibn Hajar said: If he provides each one of them with sufficient clothing, maintenance and accommodation, it does not matter what he does after that of being more inclined towards one of them or giving gifts to them…
Al-Fath, 9/391
This is what Allaah has enjoined upon the one who wants to marry more than one wife. If a man is able to do that, there is nothing wrong with agreeing to marry him. If he is not, then we do not advise marrying him, rather it is not permissible for him to propose marriage in the first place.
With regard to your saying that he is not able to take care of two wives, if he is religiously-committed and of good character, and you can be patient and put up with some hardships in life, then there is nothing wrong with your agreeing to marry him. Allaah has promised the poor man who wants to get married that He will make him independent of means. Allaah says (interpretation of the meaning):
“If they be poor, Allaah will enrich them out of His Bounty”
[al-Noor 24:32]
Some of the salaf used to get married seeking provision, acting in accordance with this verse. But if you think that you will not be able to put up with some hardships in life, then there is nothing wrong with your refusing to marry him. The Prophet (peace and blessings of Allaah be upon him) advised Faatimah bint Qays, when Mu’aawiyah (may Allaah be pleased with him) proposed to her, not to marry him. He said, “He is a pauper and has no money.” (Narrated by Muslim, 1480).
We hope that there will be no unlawful relationship between you, either now or after you refuse to marry him. If he has done you some favour by showing you the right path and teaching you, that is no justification for meeting, corresponding, speaking in private and so on.
And Allaah knows best.
Islam Q&A
He divorced his wife thrice and he wants to take her back
Q) I had an argument with my wife while she was in her early pregnancy and I said to her: “you are divorced, you are divorced, you are divorced”. Then days after she gave birth I said to her: “you are divorced” and during Ramadan I had an argument with her and I said to her: “I make you haram for me, I divorce you”. Is this considered divorce? Is it permissible for me to take her back, or she is now considered a divorcee?
A) Praise be to Allaah.
Firstly:
If a man says to his wife, “You are divorced, you are divorced, you are divorced,” it counts as three divorces according to the majority of scholars. But if he intended the second and third times as emphasis for the first, then it counts as one divorce.
Some of the scholars regarded his saying “You are divorced, you are divorced, you are divorced” as being like saying “You are thrice divorced” and it only counts as one divorce.
Your saying to her “You are divorced” after she gave birth counts as one divorce. So this was the second divorce.
But if she was still in nifaas (post-partum bleeding) at the time of this divorce, then it is a haraam, innovated divorce, and the scholars differed as to whether it counts as such. The view favoured by the scholars of the Standing Committee for Issuing Fatwas is that it does not count as such.
It says in Fataawa al-Lajnah al-Daa’imah (20/58): Innovated divorces are of several kinds, including: when a man divorces his wife at the time of menses, nifaas or in a period of purity (i.e., not menstruating) when he has had intercourse with her. The correct view is that this does not count as divorce. End quote.
Shaykh Ibn Baaz (may Allaah have mercy on him) said: Allaah has prescribed that women are to be divorced when they are pure and free of nifaas or menses, and when the husband has not had intercourse with them. This is the shar’i divorce. If he divorces her during menses or nifaas or during a period of purity when he has had intercourse with her, then this is an innovated divorce, and it does not count as such according to the correct scholarly opinion, because Allaah says (interpretation of the meaning):
“O Prophet (صلى الله عليه وسلم)! When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah (periods)”
[al-Talaaq 65:1].
What is meant is when they are in a state of purity and the husband had not had intercourse with them. This is what the scholars said concerning divorcing them at their ‘iddah (prescribed periods): they should be pure and not have had intercourse or be pregnant. This is divorcing them at their ‘iddah (prescribed periods).
End quote from Fataawa al-Talaaq (p. 44).
If you did not ask a scholar about the ruling on this second divorce then it does not count as such. But if you did ask one who is qualified to issue fatwas, then you must act according to his fatwa.
Your saying on the third occasion “I divorce you” also counts as a divorce.
If a man divorces his wife a third time, then she becomes irrevocably divorced from him and she is not permissible for him until she has married another man, because Allaah says (interpretation of the meaning):
“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge”
[al-Baqarah 2:230].
It should be noted that the nikaah al-tahleel which some people do, which is a marriage to a second husband, intended to make a thrice-divorced woman permissible for her first husband by means of the second husband divorcing her, is haraam and the one who does that is cursed; it is also an invalid marriage and it does not make the woman permissible for her first husband.
See also the answer to question no. 109245.
And Allaah knows best.
Islam Q&A
A) Praise be to Allaah.
Firstly:
If a man says to his wife, “You are divorced, you are divorced, you are divorced,” it counts as three divorces according to the majority of scholars. But if he intended the second and third times as emphasis for the first, then it counts as one divorce.
Some of the scholars regarded his saying “You are divorced, you are divorced, you are divorced” as being like saying “You are thrice divorced” and it only counts as one divorce.
Your saying to her “You are divorced” after she gave birth counts as one divorce. So this was the second divorce.
But if she was still in nifaas (post-partum bleeding) at the time of this divorce, then it is a haraam, innovated divorce, and the scholars differed as to whether it counts as such. The view favoured by the scholars of the Standing Committee for Issuing Fatwas is that it does not count as such.
It says in Fataawa al-Lajnah al-Daa’imah (20/58): Innovated divorces are of several kinds, including: when a man divorces his wife at the time of menses, nifaas or in a period of purity (i.e., not menstruating) when he has had intercourse with her. The correct view is that this does not count as divorce. End quote.
Shaykh Ibn Baaz (may Allaah have mercy on him) said: Allaah has prescribed that women are to be divorced when they are pure and free of nifaas or menses, and when the husband has not had intercourse with them. This is the shar’i divorce. If he divorces her during menses or nifaas or during a period of purity when he has had intercourse with her, then this is an innovated divorce, and it does not count as such according to the correct scholarly opinion, because Allaah says (interpretation of the meaning):
“O Prophet (صلى الله عليه وسلم)! When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah (periods)”
[al-Talaaq 65:1].
What is meant is when they are in a state of purity and the husband had not had intercourse with them. This is what the scholars said concerning divorcing them at their ‘iddah (prescribed periods): they should be pure and not have had intercourse or be pregnant. This is divorcing them at their ‘iddah (prescribed periods).
End quote from Fataawa al-Talaaq (p. 44).
If you did not ask a scholar about the ruling on this second divorce then it does not count as such. But if you did ask one who is qualified to issue fatwas, then you must act according to his fatwa.
Your saying on the third occasion “I divorce you” also counts as a divorce.
If a man divorces his wife a third time, then she becomes irrevocably divorced from him and she is not permissible for him until she has married another man, because Allaah says (interpretation of the meaning):
“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge”
[al-Baqarah 2:230].
It should be noted that the nikaah al-tahleel which some people do, which is a marriage to a second husband, intended to make a thrice-divorced woman permissible for her first husband by means of the second husband divorcing her, is haraam and the one who does that is cursed; it is also an invalid marriage and it does not make the woman permissible for her first husband.
See also the answer to question no. 109245.
And Allaah knows best.
Islam Q&A
Preserving Islam is by learning it, teaching it, spreading it and defending it
Q) Some people say that as Allah has guaranteed preserving this religion Himself, then all the work of the preachers for spreading and teaching Islam is useless and unneeded. How to answer those people?
A) Praise be to Allaah.
The response to these people is simple: their attitude is the attitude of one who denies the principle of cause and effect, and there is no doubt that denying this principle is misguidance from Islam and foolish thinking.
Allaah has guaranteed to preserve this religion, but that is through means and causes, by means of what the daa’iyahs do by spreading this religion and explaining it to people and calling people to it. This view is like that of those who say: Do not get married, and if it is decreed that you are to have a child, it will come to you; do not strive to seek provision for if provision is decreed for you it will come to you!
We know that when Allaah said (interpretation of the meaning): “Verily, We, it is We Who have sent down the Dhikr (i.e. the Qur’aan) and surely, We will guard it (from corruption)” [al-Hijr 15:9], that was because He knew, as He is most wise, that things only happen due to causes. So Allaah decreed that this religion would be preserved through the means and causes that achieve this preservation. hence we find that the scholars of the early generations of Islam, when Allaah protected His religion from ideological and practical innovations, began to speak and write and explain to people. So it is essential that we do that which Allaah has enjoined upon us of defending Islam, protecting it and spreading it among people. Thus the required protection will be achieved. End quote.
Shaykh Muhammad ibn ‘Uthaymeen -- Kitaab al-Da’wah (5).
A) Praise be to Allaah.
The response to these people is simple: their attitude is the attitude of one who denies the principle of cause and effect, and there is no doubt that denying this principle is misguidance from Islam and foolish thinking.
Allaah has guaranteed to preserve this religion, but that is through means and causes, by means of what the daa’iyahs do by spreading this religion and explaining it to people and calling people to it. This view is like that of those who say: Do not get married, and if it is decreed that you are to have a child, it will come to you; do not strive to seek provision for if provision is decreed for you it will come to you!
We know that when Allaah said (interpretation of the meaning): “Verily, We, it is We Who have sent down the Dhikr (i.e. the Qur’aan) and surely, We will guard it (from corruption)” [al-Hijr 15:9], that was because He knew, as He is most wise, that things only happen due to causes. So Allaah decreed that this religion would be preserved through the means and causes that achieve this preservation. hence we find that the scholars of the early generations of Islam, when Allaah protected His religion from ideological and practical innovations, began to speak and write and explain to people. So it is essential that we do that which Allaah has enjoined upon us of defending Islam, protecting it and spreading it among people. Thus the required protection will be achieved. End quote.
Shaykh Muhammad ibn ‘Uthaymeen -- Kitaab al-Da’wah (5).
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