Monday, August 18, 2008

The prohibition on fasting in the second half of Sha’baan

Q) Is it permissible to fast after halfway through Sha’baan? Because I heard that the Prophet (peace and blessings of Allaah be upon him) forbade fasting after halfway through Sha’baan.

A) Praise be to Allaah.

Abu Dawood (3237), al-Tirmidhi (738) and Ibn Naajah (1651) narrated from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When Sha’baan is half over, do not fast.” Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 590.

This hadeeth indicates that it is not allowed to fast after halfway through Sha’baan, i.e., starting from the sixteenth day of the month.

But there are reports that indicate that it is permissible to fast at this time. For example:

Al-Bukhaari (1914) and Muslim (1082) narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Do not anticipate Ramadaan by fasting one or two days before it begins, but if a man habitually fasts, then let him fast.”

This indicates that fasting after halfway through Sha’baan is permissible for someone who has the habit of fasting, such as a man who regularly fasts on Mondays and Thursdays, or who fasts alternate days, and the like.

Al-Bukhaari (1970) and Muslim (1156) narrated that ‘Aa’ishah (may Allaah be pleased with her) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) used to fast all of Sha’baan, he used to fast Sha’baan except a few days.” This version was narrated by Muslim.

Al-Nawawi said: In the words, “He used to fast all of Sha’baan, he used to fast Sha’baan except a few days” the second phrase explains the first, and indicates that the word “all” means “most of”.

This hadeeth indicates that it is permissible to fast after halfway through Sha’baan, but only for those who are continuing after fasting before halfway through the month. The Shaafa’is followed all of these ahaadeeth and said:

It is not permissible to fast after halfway through Sha’baan except for those who have a habitual pattern of fasting, or who are continuing after fasting before halfway through the month.

According to most of the scholars, the prohibition here means that it is haraam.

See al-Majmoo’, 6/399-400; Fath al-Baari, 4/129

Some, such as al-Ruyaani, suggested that the prohibition here is to be understood as meaning that it is makrooh, not haraam.

Al-Nawawi (may Allaah have mercy on him) said in Riyaadh al-Saaliheen (p. 412):

“Chapter on the prohibition on anticipating Ramadaan by fasting after halfway through Sha’baan, except for one who is continuing after fasting before halfway through the month or who has a regular pattern of fasting such as fasting on Mondays and Thursdays”.

The majority of scholars are of the view that the hadeeth which forbids fasting after halfway through Sha’baan is da’eef (weak), and based on that they said that it is not makrooh to fast after halfway through Sha’baan.

Al-Haafiz said: The majority of scholars said that it is permissible to observe voluntary fasts after halfway through Sha’baan and they regarded the hadeeth concerning that as da’eef. Ahmad and Ibn Ma’een said that it is munkar. (From Fath al-Baari). Among those who classed it as da’eef were al-Bayhaqi and al-Tahhaawi.

Ibn Qudaamah said in al-Mughni that Imam Ahmad said concerning this hadeeth:

It is not sound. We asked ‘Abd al-Rahmaan ibn Mahdi about it and he did not class it as saheeh, and he did not narrate it to me. He used to avoid talking about this hadeeth. Ahmad said: al-‘Ala’ is thiqah and none of his ahaadeeth are regarded as munkar apart from this one.

The al-‘Ala’ referred to here is al-‘Ala’ ibn ‘Abd al-Rahmaan who narrated this hadeeth from his father from Abu Hurayrah (may Allaah be pleased with him).

Ibn al-Qayyim (may Allaah have mercy on him) responded in Tahdheeb al-Sunan to those who classed this hadeeth as da’eef and said that this hadeeth is saheeh according to the conditions of Muslim. Even though al-‘Ala’ is the only one who narrated this hadeeth, that is not regarded as detrimental to the hadeeth, because al-‘Ala’ is thiqah; in his Saheeh, Muslim narrated a number of ahaadeeth from him, from his father from Abu Hurayrah (may Allaah be pleased with him). Many Sunnahs are narrated from the Prophet (peace and blessings of Allaah be upon him) only through one person who is thiqah, but they have been accepted and followed by the ummah.

Then he said:

With regard to those who think that there is a contradiction between this hadeeth and the ahaadeeth which speak of fasting in Sha’baan, there is no contradiction. Those ahaadeeth speak of fasting half of it along with the previous half, and of habitual fasting during the second half of the month, whereas the hadeeth of al-‘Ala’ speaks of the prohibition on fasting deliberately only after the month is halfway over, not about fasts that a person observes regularly or that are a continuation after fasting during the first part of the month.

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about the hadeeth which says that fasting after halfway through Sha’baan is not allowed. He said:

This is a saheeh hadeeth as Shaykh Naasir al-Deen al-Albaani said. What is meant is that it is not allowed to start fasting after halfway through the month. But if a person fasts most or all of the month, then he is following the Sunnah.

Majmoo’ Fataawa al-Shaykh Ibn Baaz, 15/385).

Shaykh Ibn ‘Uthaymeen said in his commentary on Riyaadh al-Saaliheen (3/394):

Even if the hadeeth is saheeh, the prohibition in it does not mean that this is haraam, rather it is simply makrooh, as some of the scholars have understood it to mean. But whoever has the habit of fasting regularly should fast, even if it is after halfway through Sha’baan.

In conclusion:

It is not allowed to fast during the second half of Sha’baan, and that is either makrooh or haraam, except for the one who has the habit of fasting regularly or who is continuing after fasting during the first half of Sha’baan. And Allaah knows best.

The reason for this prohibition is that continually fasting may make a person too weak to fast in Ramadaan.

If it is said that if he fasts from the beginning of the month he will become even weaker, the response is that whoever fasts from the beginning of Sha’baan will have gotten used to fasting so it will be less difficult for him to fast.

Al-Qaari said: The prohibition here means that it is disliked, as a mercy to this ummah lest they become too weak to fulfil their duty of fasting during Ramadaan in an energetic fashion. But those who fast all of Sha’baan will become used to fasting so it will not be difficult for them.

And Allaah knows best.



Islam Q&A

There is nothing wrong with making up missed Ramadaan fasts in the second half of Sha’baan

Q) I had many days owing of Ramadaan fasts because of pregnancy and giving birth, which coincided with the time of Ramadaan. I have made them up, praise be to Allaah, with the exception of the last seven days.
I fasted three of them in the second half of Sha’baan, and I want to do the rest before Ramadaan begins.
But I read on your site that it is not permissible to fast in the second half of Sha’baan, except for a person who habitually fasts. Please advise me, may Allaah reward you. I want to know whether I should fast the rest of these days that I owe, or not. If the answer is no, then what is the ruling on the three days that I have already fasted – do I have to make them up again or not?

A) Praise be to Allaah.

It was proven that the Prophet (peace and blessings of Allaah be upon him) said: “When Sha’baan is halfway through, do not fast.” Narrated by Abu Dawood (3237); Ibn Hibaan (1651); classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

There are some exceptions from this prohibition, as follows:

1 –One who has a habit of fasting, such as a man who habitually fasts on Mondays and Thursdays, which he may do even after halfway through Sha’baan. The evidence for that is the words of the Prophet (peace and blessings of Allaah be upon him), “Do not anticipate Ramadaan by fasting one or two days before it, except a man who fasts regularly, who should observe his usual fast.” Narrated by al-Bukhaari, 1914; Muslim, 1082.

2 – A person who started fasting before halfway through Sha’baan, and connects what comes after the halfway point to what came before. This is not included in the prohibition either. The evidence for that is the words of ‘Aa’ishah (may Allaah be pleased with her) who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) used to fast all of Sha’baan and fast all of Sha’baan except a little.” Narrated by al-Bukhaari, 1970; Muslim, 1165. This version narrated by Muslim.

Al-Nawawi said: “He used to fast all of Sha’baan and fast all of Sha’baan except a little.” The second phrase is an explanation of the first, pointing out that by “all” what is meant is “most”.

This hadeeth indicates that it is permissible to fast after halfway through Sha’baan, but only for one who joins that to what came before the halfway point.

3 – An exception from this prohibition is also made for one who is making up missed Ramadaan fasts.

Al-Nawawi (may Allaah have mercy on him) said in al-Majmoo’ (6/399):

Our companions said: it is not correct to fast on the “day of doubt” just before Ramadaan, and there is no difference of scholarly opinion on this point … But if a person fasts it to make up a missed day or to fulfil a vow, or as an expiation, that is acceptable, because if it is permissible to observe a voluntary fast on that day, it is more likely to be permissible to observe an obligatory fast… and if a person has to make up a day from Ramadaan, then he has to fast it, because the time left for him to make it up has become very short.

The “day of doubt” is the thirtieth of Sha’baan if it has not been possible to sight the moon of the thirtieth because of cloud, fog, etc. It is called the “day of doubt” because there is some doubt concerning it – is it the last day of Sha’baan or the first day of Ramadaan?

In conclusion:

There is nothing wrong with making up a missed Ramadaan fast in the last half of Sha’baan. This is not included in the prohibition of the Prophet (peace and blessings of Allaah be upon him) on fasting after halfway through Sha’baan.

So your fasting of those three days is valid, and you have to fast the remaining days before Ramadaan begins.

And Allaah knows best.



Islam Q&A

Ruling on eating snails; is it permissible to cook them alive?

Q) What is the ruling on eating snails? Bear in mind that preparing snails dish requires cooking them alive! Were snails used as food during the era of prophet Muhammad peace be upon him?

A) Praise be to Allaah.

Snails are of two types, land snails and sea snails. Land snails come under the same heading as “insects and vermin” which have no blood that flows. Sea snails come under the heading of shellfish, which are sea animals.

In al-Mawsoo’ah al-‘Arabiyyah al-‘Aalamiyyah it says:

The snail is a invertebrate sea animal, and it is a kind of shellfish. Most snails have an external shell; some snails have a small flat shell above or under the skin, but most do not have a shell at all.

Land snails have a pair of antennae, with an eye at the end of the longer antenna. The large sand snail is regarded as a harmful pest, because it has a voracious appetite for plants. Its length reaches 10 cm. End quote.

Secondly:

With regard to the ruling on eating snails:

1. Land snails come under the ruling on eating “insects”. The majority of scholars are of the view that it is haraam. Al-Nawawi (may Allaah have mercy on him) said in al-Majmoo’ (9/16): The view of the scholars concerning land insects … our view is that it is haraam. This was the view of Abu Haneefah, Ahmad and Dawood. Maalik said: it is halaal. End quote.

Ibn Hazm (may Allaah have mercy on him) said:

It is not permissible to eat land snails or any other “insects and vermin”, such as geckos, cockroaches, ants, bees, flies, wasps, worms, lice, fleas, bedbugs, mosquitoes or anything else of that type, because Allaah says (interpretation of the meaning): “Forbidden to you (for food) are: Al‑Maitah (the dead animals)” and “unless you are able to slaughter it (before its death)” [al-Maa’idah 5:3]. And there is sound proof that slaughter can only be done in the neck or upper chest, so if it is not possible to slaughter it, then there is no way one can eat it unless it is dead i.e., not slaughtered properly, so it is haraam. End quote.

Al-Muhalla (6/76, 77).

The Maalikis did not stipulate that a creature which has no flowing blood should be slaughtered, rather they included it under the same ruling as locusts, and its slaughter is by boiling, roasting, or piercing it with a stick or needle until it is dead, whilst saying the name of Allaah over it.

In al-Mudawwanah (1/542) it says:

Maalik was asked about something in the Maghreb (North Africa) which is called a snail, that is found in the desert on the trees – can it be eaten? He said: I think it is like the locust. If it is taken alive and boiled or roasted, I do not think there is anything wrong with eating it, but if it is found dead, it should not be eaten. End quote.

In al-Muntaqa Sharh al-Muwatta’ (3/110) by Abu’l-Waleed al-Baaji (may Allaah have mercy on him) it says:

If that is proven, then the ruling on snails is the same as the ruling on locusts. Maalik said its slaughtering is by boiling or being pierced with a stick or needle until it dies, and the name of Allaah should be mentioned whilst doing so, as it is mentioned when cutting off the heads of locusts. End quote.

2. Sea snails are halaal, because of the general permission with regard to eating seafood. Allaah says (interpretation of the meaning):

“Lawful to you is (the pursuit of) water game and its use for food — for the benefit of yourselves and those who travel”

[al-Maa’idah 5:96]

al-Bukhaari narrated that ‘Umar ibn al-Khattaab (may Allaah be pleased with him) said: “Water game means what is hunted, and its food is what the sea throws out (onto the shore).”

al-Bukhaari narrated from Shurayh, the companion of the Prophet (peace and blessings of Allaah be upon him), that he said: “Everything in the sea is madhbooh (slaughtered).”

But we have not seen any hadeeth which suggests that the Prophet (peace and blessings of Allaah be upon him) ate snails.

To sum up:

The permissibly of eating snails applies to both types, both land and sea snails. If they are cooked alive there is nothing wrong with that, because land snails have no blood so that it might be said that they must be slaughtered properly and the blood extracted, and sea snails come under the general permissibility of sea game and food.

And Allaah knows best.



Islam Q&A

A company is offering a riba-based loan to its employees

Q) A company is offering its employees a benefit . Employees can get a home building loan from any bank . The company will pay all the interest accruing to this loan i.e the employee is not paying the interest.But the employee will have to pay some tax on this interest to the Govt.There is no tax on the principal.I would like to know whether such a loan is halal or haram for the employee?

A) Praise be to Allaah.

It is not permissible for the employees to take this loan when they are – in fact – one of the parties to the contract. It is proven in the saheeh Sunnah that the one who consumes riba [usury, interest], the one who pays it, the one who writes it down and the two who witness it are cursed.

It was narrated that Jaabir said: The Messenger of Allaah (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.”

Narrated by Muslim, 1598.

It seems that the company will only take this riba-based loan if the employee applies for it and cooperates with the company in getting this riba-based contract. And Allaah says (interpretation of the meaning):

“do not help one another in sin and transgression”

[al-Maa’idah 5:2]

These employees have to do without this loan, and seek the reward for not taking it with Allaah, and Allaah may compensate them with something better than that which they refrained from.

And Allaah knows best.



Islam Q&A

Can zakaah be used for da’wah purposes?

Q) Is it permissible to use zakat money which has been collected by a Muslim organisation for dawah purposes in a non-Muslim country like Australia where most of the zakat goes overseas to needy Muslims while money is desperately needed for dawah activities in Australia?

A) Praise be to Allaah.

Allaah has explained the categories on which zakaah may be spent in the verse in which He says (interpretation of the meaning):

“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allaah. And Allaah is All-Knower, All-Wise”

[al-Tawbah 9:60]

It is not acceptable to spend zakaah funds on anything other than these eight categories.

Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (2/280): It is not permissible to spend zakaah on anything other than what Allaah has mentioned here, such as building mosques, bridges and aqueducts, maintaining roads, shrouding the dead, providing hospitality to visitors and other acts of charity that Allaah did not mention here. End quote.

What is meant by “for Allaah’s Cause” is jihad for the sake of Allaah.

Some contemporary scholars are of the view that jihad for the sake of Allaah includes jihad of knowledge, establishing proof, explaining and calling people to Allaah, so they regarded it as permissible to spend zakaah on da’wah to call people to Allaah, on the basis that this comes under the heading of “for Allaah’s Cause”.

We have quoted the fatwa of Shaykh Muhammad ibn Ibraaheem Aal al-Shaykh (may Allaah have mercy on him) and the statement of the Islamic Fiqh Council, please see the answer to question no. 121551.

Here we are referring to the fatwa of Shaykh Ibn Jibreen (may Allaah preserve him) which says that it is permissible to donate zakaah to da’wah efforts.

He was asked about donating zakaah to circles (halaqahs) for Qur'aan memorization, so that prizes may be given from zakaah to the students, as well as salaries for the teachers and drivers. He replied:

Because zakaah has been prescribed to meet the needs of the poor and weak, and it has also been prescribed to support charitable causes such as giving to mukaatibs (slaves who have contracts of manumission with their owners), mujaahideen, those who are cut off and those whose hearts are to be softened towards Islam, this indicates that it is prescribed for charitable causes which lead to good outcomes and will bring benefits, goodness and blessing to the Muslims. Our Shaykhs have issued fatwas stating that it may be spent on da’wah and calling people to Allaah, and the means of da’wah such as essays, tapes and salaries for full-time daa’iyahs. That also includes spending it on charitable schools for Qur’aan memorization, because of the good effect and outcomes that they have, and to encourage people to memorize and follow Qur’aan. I think it is permissible to give zakaah to these people if there are no other organizations who are doing that, so that these religious activities will not cease. End quote from the Shaykh’s website:

http://ibn-jebreen.com/ftawa.php?view=vmasal&subid=13108&parent=786

And Allaah knows best.



Islam Q&A

He divorced his fourth wife and wants to marry another; should he wait until her ‘iddah ends?

Q) If a man divorces his fourth wife and wants to marry another woman, does he have to wait until the ‘iddah of the divorced woman ends?

A) Praise be to Allaah.

It is haraam for the man who has divorced his fourth wife to marry another until the ‘iddah of the divorced woman has ended.

And Allaah is the Source of strength.



Fataawa al-Lajnah al-Da’imah, 18/11

When the latecomer stands up to complete his prayer, he is praying alone, so he should not let anyone pass in front of him

Q) It is known that the imam’s sutrah (screen) is sufficient for the worshippers behind him. But if the imam completes the prayer and ends it, will his sutrah still be sufficient for the latecomers, or they have to have new sutra? I noticed that some latecomers do not stop others from passing before them. So what is the ruling on this matter?

A) Praise be to Allaah.

When the imam says the salaam and the latecomer stands up to make up what he missed of the prayer, then at this point he is in fact praying alone, and he should prevent anyone who wants to pass in front of him, because the Prophet (peace and blessings of Allaah be upon him) enjoined that. If some people do not prevent people from passing in front of them, it may be because they are unaware of the ruling, or because of a different interpretation, because they think that since they caught up with the congregation, after they start to pray separately from the imam they still come under the same ruling as those who are behind the imam. But it is essential for the latecomer to prevent the one who wants to pass in front of him, when he stands up to make up what he has missed. End quote.

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him).



Fataawa ‘Ulama’ al-Balad al-Haraam (149).

Football (soccer) competitions

Q) Is it permissible to play football and participate in competitions, in which we collect money from all players, then we play three rounds, and then the money we collect is to be given as gifts to the winning team? Is this considered a sort of gambling?

A) Praise be to Allaah.

Competitions – sporting or otherwise – in which competitors pay money then the winner takes all the money, or a prize is bought for him with it, are haraam, and it is not permissible for the Muslim to take part in them or to approve of them, or to help with them in any way. There is no exception from this prohibition except competitions which involve training for jihad for the sake of Allaah, or which encourage people to seek knowledge and refute the specious arguments of the mushrikeen and prove the falseness of their shirk.

Based on this, the kind of competition mentioned in the question is haraam, and it is a kind of gambling and betting which are haraam.

Al-Tirmidhi (1700), al-Nasaa’i (3585), Abu Dawood (2574) and Ibn Majaah (2878) narrated that the Prophet (peace and blessings of Allaah be upon him) said: “There should be no (money) prizes for competitions except in archery, camel-racing and horse-racing.” Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

These three are all skills used in jihad. Hence some scholars added to these three everything that helps in jihad and spreading Islam, such as competitions in (learning and memorizing) Qur’aan, hadeeth and fiqh, in which it is permissible to offer prizes.

Shaykh Sayyid Saabiq (may Allaah have mercy on him) said:

It is not permissible to bet in any case where money is offered by all, so that the one who wins will take all the bets, and if a person loses he will lose to his companions, because this comes under the heading of gambling, which is haraam. End quote from Fiqh al-Sunnah (3/373).

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) was asked:

We have noted recently that many young people form sports leagues for various games, either belonging to a club or at the local neighbourhood level. Each team pays a certain amount of money, and one of the teams does not pay anything, and the organizing team buys the cup and prizes, and the other teams play for these prizes. The winning team gets the cup and the other prizes are distributed to the first place winners and others. Please advise us, may Allaah reward you.

He replied:

If the prizes are given by someone who did not take part in the competition, such as someone who was not one of the competitors, if he pays a sum of money to the winner, then this does not come under the heading of gambling which is haraam.

But if the prize is given by each competing team, e.g. each team pays some money and it goes to the winning team, then this is gambling which is haraam, because 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 Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful”

[al-Maa’idah 5:90]

Similarly, if there are three teams and two teams pay but one does not, and the prize is taken by the winning team, this is also haraam, because the Prophet (peace and blessings of Allaah be upon him) said: “There should be no (money) prizes for competitions except in camel-racing, horse-racing and archery.” So the Prophet (peace and blessings of Allaah be upon him) stated that giving prizes is not permissible except in these three cases, and that is because they are things that have to do with jihad for the sake of Allaah. And Allaah is the Source of strength. end quote.

Fataawa Islamiyyah (4/433).

And Allaah knows best.



Islam Q&A