Tuesday, August 26, 2008

Prohibition on anticipating Ramadan by fasting one or two days before it begins

Q) I heard that it is not permissible for us to fast before Ramadaan. Is that true?

A) Praise be to Allaah.

There are ahaadeeth narrated from the Prophet (peace and blessings of Allaah be upon him) which forbid fasting in the second half of Sha’baan, except in two cases:

1 – Those who have a habitual pattern of fasting, such as a man who usually fasts on Mondays and Thursdays – he may continue to do so even in the second half of Sha’baan.

2 – If he joins fasts in the second half of Ramadaan to the first half, i.e., if he started to fast in the first half and continues to fast until Ramadaan begins, this is permissible. See question no. 13726.

These ahaadeeth include the following:

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.”

Abu Dawood (3237), al-Tirmidhi (738) and Ibn Maajah (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.

Al-Nawawi said:

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 begins, but if a man habitually fasts, then let him fast,” clearly indicate that it is not allowed to anticipate Ramadaan by fasting one or two days before it begins, for those who do not have a habitual pattern of fasting or who are not continuing to fast after starting to fast before (in the first half of Sha’baan). If one is not continuing to fast or does not have a regular pattern of fasting, then it is haraam.

Al-Tirmidhi (686) and al-Nasaa’i (2188) narrated that ‘Ammaar ibn Yaasir (may Allaah be pleased with him) said: “Whoever fasts on the day concerning which there is doubt has disobeyed Abu’l-Qaasim (peace and blessings of Allaah be upon him).” See Question no. 13711.

Al-Haafiz said in Fath al-Baari:

It was understood from this that it is haraam to fast the day of doubt, because the Sahaabah would not say such a thing based on personal opinion.

The day of doubt is the thirtieth of Sha’baan if the new moon cannot be seen because of clouds etc. It is called the day of doubt because it could be the thirtieth of Sha’baan, or it could be the first day of Ramadaan. It is haraam to fast on this day, unless it coincides with a day on which a person habitually fasts.

Al-Nawawi said in al-Majmoo’ (6/400) concerning the ruling on fasting the day of doubt:

If a person observes a voluntary fast on this day, and he has a reason for doing so, such as having the habit of fasting every day, or of fasting alternate days, or fasting on particular days such as Mondays, and it happens to coincide with that day, then it is permissible for him to fast on this day; there is no difference of opinion among our companions regarding that. The evidence for that is the hadeeth of Abu Hurayrah: “Do not anticipate Ramadaan by fasting one or two days before it begins, but if a man habitually fasts, then let him fast.” If he does not have a reason, then it is haraam for him to fast on this day.

Shaykh Ibn ‘Uthaymeen said in his commentary on the hadeeth “Do not anticipate Ramadaan by fasting one or two days before it begins…”:

The scholars (may Allaah have mercy on them) differed concerning this prohibition and whether it meant that this is haraam or makrooh. The correct view is that it means it is haraam, especially on the day of doubt.

Sharh Riyaadh al-Saaliheen, 3/394.

Based on this, fasting in the second half of Sha’baan falls into two categories:

1- Fasting from the sixteenth until the twenty-eighth. This is makrooh, except for those who have a habitual pattern of fasting.

2- Fasting on the day of doubt, or one or two days before Ramadaan begins. This is haraam, except for one who has a habitual pattern of fasting.

And Allaah knows best.



Islam Q&A

Reasons for which one may excused from fasting in Ramadaan

Q) What are the reasons for which one may be excused from fasting in Ramadaan?

A) Praise be to Allaah.

One of the ways in which Allaah has made things easy for His slaves is that He has only enjoined fasting upon those who are able to do it, and He has excused those who are unable to fast for a legitimate shar’i reason. The legitimate reasons for which one may be excused from fasting are as follows:

1 – Sickness

Sickness means everything that means that a person is not healthy.

Ibn Qudaamah said: the scholars are agreed that it is permissible for the sick person not to fast in general. The basis of that is the aayah in which Allaah says (interpretation of the meaning):

“but if any of you is ill or on a journey, the same number (should be made up) from other days”[al-Baqarah 2:184]

It was narrated that Salamah ibn al-Akwa’ (may Allaah be pleased with him) said: “When this aayah was revealed – ‘And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)’ [al-Baqarah 2:184 – interpretation of the meaning] – those who wanted not to fast could do that, and pay the fidyah (i.e., feed one poor person for each day). That remained the case until the following aayah was revealed, i.e., the verse:

‘And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)’

[al-Baqarah 2:185 – interpretation of the meaning] – so it abrogated it.”

The sick person who fears that fasting may make his sickness worse or that it will slow down his recovery or damage a part of his body, has the option of not fasting, and indeed it is Sunnah for him not to fast and it is makrooh for him to complete his fast, because that may lead to his death. So he has to be cautious and protect himself. Moreover, if the sick person is very ill, that makes it permissible for him not to fast. But if a healthy person fears difficulty or tiredness, it is not permissible for him to break his fast, if all that happens to him when he fasts is that he becomes tired.

2 – Travelling

In order for traveling to result in a concession excusing one from fasting, the following conditions must be met:

a- The journey must be long enough that prayers may be shortened.

b- The traveler must not intend to settle in the place to which he travels.

c- His journey must not be for any sinful purpose, rather it should be for a sound purpose, according to the majority of scholars. That is because being allowed not to fast is a concession and relief that the sinner does not deserve on his journey, because the purpose of his journey is to commit sin – such as one who travels in order to commit banditry, for example.

Cancellation of the concession for traveling:

This concession of traveling is cancelled by two things:

(i) When the traveler returns home and enters his hometown, which is the place where he resides.

(ii) When the traveler decides to stay indefinitely, or for a lengthy period in one place, and the place is fit for settling in. Thus he becomes a resident (or non-traveller), so he should pray his prayers in full and not break his fast in Ramadaan, because the rulings on travel no longer apply to him.

3 – Pregnancy and breastfeeding

The fuqaha’ are agreed that pregnant and breastfeeding women may break their fast in Ramadaan, on the condition that they think there is a risk that they or their children may become ill or more ill, or be harmed or may die. The evidence for this concession in their case is the aayah (interpretation of the meaning:

“and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”[al-Baqarah 2:185]

This does not refer to merely being sick, for the sick person who will not be harmed by fasting is not allowed to break the fast; here sickness is mentioned as a metaphor for any situation where fasting when sick may cause harm. This is what is meant by sickness here. That may be the case in pregnancy and when breastfeeding, so these two cases are included in the concession of breaking the fast. The evidence that women in these cases are allowed not to fast is the hadeeth of Anas ibn Maalik al-Ka’bi (may Allaah be pleased with him), who said that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah has relieved the traveler of fasting and half of prayer, and He has relieved the pregnant and breastfeeding woman of fasting.”

4 – Senility and old age

Senility and old age refers to one who is old and has lost his strength, or who is approaching death, so that every day he becomes weaker, until he dies, or who is suffering from a terminal or incurable illness and has no hope of recovery. The evidence that it is prescribed for such people not to fast is the aayah (interpretation of the meaning):

“And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)”[al-Baqarah 2:184]

Ibn ‘Abbaas (may Allaah be pleased with him) said that this aayah has not been abrogated, and it applies to old men and old women who cannot fast, so for each day they should feed one poor person.

5 – Intense hunger and thirst

If a person is overtaken by intense hunger or unbearable thirst, then he should break his fast and eat just as much as he needs to ward off that hunger, then he should refrain from eating for the rest of the day, and make up that fast later on.

The scholars added to intense hunger and thirst the fear of weakness when meeting the enemy, or fearing or expecting an attack, such as when one is surrounded. So if a fighter knows for sure or thinks it most likely that there will be fighting because he is facing the enemy, and he fears that fasting may make him weak when fighting, and he is not traveling, then he may break his fast before fighting.

6 – Compulsion

Compulsion means one person forcing another to do something or not to do something against his will, by means of threats.



Al-Mawsoo’ah al-Fiqhiyyah, vol. 28, p. 73.

He needs to have an injection into a vein – will that affect his fast?

Q) One of my friends has been stricken with the onset of cancer and has to take a course of treatment in Ramadaan, consisting of a number of medicines dissolved in liquids which are to be administered intravenously. Is his fasting valid?

A) Praise be to Allaah.

Two scenarios may apply to having injections during the day in Ramadaan:

1 – Where the injection provides nourishment that takes the place of food and drink; this kind of injection invalidates the fast because it is like eating and drinking.

2 – Where what is injected is not a kind of nourishment; this does not break the fast or affect it. In this case it makes no difference whether the injection is into a vein or a muscle.

But if it is possible to have these injections at night, that is better and more on the safe side with regard to the fast.

Shaykh Ibn Baaz (15/257) was asked about the ruling on a person who had intravenous and intramuscular injections during the day in Ramadaan when he was fasting and completed his fast – was his fast invalidated and does he have to make it up, or not?

He replied:

His fast is valid, because an injection into a vein is not like eating or drinking; this applies more so in the case on an intramuscular injection. But if he makes it up in order to be on the safe side, that is better. If it can be delayed until nighttime, if he needs to have it, that is better too, so as to avoid an area of scholarly dispute.

Shaykh Ibn ‘Uthaymeen was asked in Fataawa al-Siyaam (p. 220) about the ruling on having injections into a vein, muscle or the buttock.

He replied:

There is nothing wrong with having injections into a vein, muscle or buttock, and that does not break the fast, because this is not one of the things that break the fast; it is not food or drink, and it is not like eating or drinking. We have already explained that this does not have any effect on the fast. What does affect the fast is when a sick person is given an injection of something that takes the place of food and drink.

The Standing Committee (10/252) was asked about the ruling on administering medicine via injection during the day in Ramadaan, whether that is nourishment or medication.

They replied: it is permissible to administer medicine by needle into a muscle or vein to a fasting person during the day in Ramadaan, but it is not permissible for the fasting person to be given a nourishing injection during the day in Ramadaan, because that comes under the ruling on eating or drinking, so that injection is regarded as a means of breaking the fast in Ramadaan. If the injection can be given into a muscle or vein at night, that is better.



Islam Q&A

Using a puffer for asthma does not invalidate the fast

Q) Does using a puffer for asthma in the mouth during the day in Ramadaan invalidate the fast for one who is suffering difficulty in breathing?

A) Praise be to Allaah.

Using a puffer for asthma during the day in Ramadaan does not invalidate the fast.

The puffer used for asthma does not invalidate the fast because it is a pressurized gas that goes to the lungs, and is not food, and it is something that is always needed, in Ramadaan and at other times.

Fataawa al-Da’wah, Ibn Baaz, no. 979.

See the booklet Sab’oon Mas’alah fi’l-Siyaam (Seventy issues related to fasting).

Shaykh Ibn ‘Uthaymeen said:

This puffer evaporates and does not reach the stomach, so in this case we say that there is nothing wrong with using this puffer when you are fasting, and you do not break your fast by doing that.

Fataawa Arkaan al-Islam, p. 475

The scholars of the Standing Committee said:

The asthma medication that the patient uses by inhaling it reaches the lungs via the trachea and does not reach the stomach, so it is not food or drink or anything of the sort… So it seems that the fast is not broken by using this medicine.

Fataawa Islamiyyah, 1/130

And Allaah knows best.



Islam Q&A

Wet dream during the day in Ramadaan, and the meaning of the hadeeth “Bad dreams come from the Shaytaan”

Q) When I was fasting in ramadan I slept after fajir, and I had ISTIHLAM ( Dream of sexual intercorse) and I had a manu ( clear liquid)coming out, my question is, does my fasting for that day is excepted if I continued, even though I didn't have control over it, my second question is that those kinds of dreams come form the IBLESS, but IBLESS is locked in the skies in Ramadan?

A) Praise be to Allaah.
Having a wet dream during the day in Ramadaan does not invalidate the fast, because this is a matter that is beyond a person’s control, and he cannot prevent it. Allaah says (interpretation of the meaning):

“Allaah burdens not a person beyond his scope”[al-Baqarah 2:286]

“If a man experiences a wet dream this does not invalidate his fast, because it was involuntary on his part; it is similar to the case when something enters his throat whilst he is sleeping.”

See al-Mughni by Ibn Qudaamah, vol. 3, p. 22

The Standing Committee was asked about a man who had a wet dream during the day in Ramadaan – what is the ruling on that? They replied:

Whoever has a wet dream whilst he is fasting or is in a state of ihraam for Hajj or ‘Umrah, there is no sin on him and he does not have to offer expiation (kafaarah). It does not affect his fast, but he does have to do ghusl to cleanse himself from janaabah (impurity) if maniy (semen) was emitted.

Fataawa al-Lajnah al-Daa’imah, vol. 10, p. 274

Ihtilaam (wet dream) means seeing intercourse in one’s dream.

This is one of the things that Allaah has created in human nature for men and women alike. Hence it was narrated from Umm Salamah the Mother of the Believers that she said: “Umm Sulaym the wife of Abu Talhah came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, ‘O Messenger of Allaah, verily Allaah is not shy of (telling you) the truth. Is it necessary for a woman to take a bath (ghusl) after she has a wet dream?’ The Messenger of Allaah (peace and blessings of Allaah be upon him) said, ‘Yes, if she notices a discharge.’” (Narrated by al-Bukhaari, al-Ghusl, 373; Muslim, al-Hayd, 471).

What is meant by a wet dream is when a person who is sleeping imagines intercourse.

And al-Bukhaari narrated from Abu Salamah that Abu Qutaadah al-Ansaari said: “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: ‘Dreams come from Allaah and bad dreams come from the Shaytaan. So if any one of you sees a dream that he dislikes, let him spit drily to his left side and seek refuge with Allaah from it, and it will not harm him.” (al-Ta’beer, 6488; Muslim, al-Ru’yaa, 4196). This does not mean that the Shaytaan is the one who causes that.

The fact that the maarids (strong jinns) are chained up during Ramadaan does not mean that the devils stop whispering into people’s hearts and urging them to do evil; but that happens to a lesser extent in Ramadaan than in other months. The effects of this are well known and can be seen.

Ibn Hajar said: the fact that bad dreams are mentioned in conjunction with the Shaytaan means that they share his characteristics of lying and exaggeration, etc., unlike true dreams which are mentioned in conjunction with the name of Allaah by way of honour, even though all of them are created and decreed by Allaah.Fath al-Baari, 12/393.



Sheikh Muhammed Salih Al-Munajjid

Is it permissible to eat mynah birds?

Q) Is it permissible to eat a type of bird that exist in Medina; that has several names ‘Myna’ is its most famous name. It is a brown bird that has a yellow beak, and has a yellow spot around its eyes.

A) Praise be to Allaah.

Mynah is the name of several types of birds of the zarzoor (starling) type which are native to India, Burma and other parts of Asia. These birds feed on plants, insects and worms. Al-Mawsoo’ah al-Arabiyyah al-‘Aalamiyyah.

It is permissible to eat this kind of bird because there is nothing to indicate that it is haraam. That is because the basic principle is that all birds are halaal, because Allaah says (interpretation of the meaning):

“Say (O Muhammad صلى الله عليه وسلم): I find not in that which has been revealed to me anything forbidden to be eaten by one who wishes to eat it, unless it be Maytah (a dead animal) or blood poured forth (by slaughtering or the like), or the flesh of swine (pork); for that surely, is impure or impious (unlawful) meat (of an animal) which is slaughtered as a sacrifice for others than Allaah (or has been slaughtered for idols, or on which Allaah’s Name has not been mentioned while slaughtering). But whosoever is forced by necessity without wilful disobedience, nor transgressing due limits; (for him) certainly, your Lord is Oft‑Forgiving, Most Merciful”

[al-An’aam 6:145].

Excluded from that is that for which there is evidence that it is haraam; and based on the evidence there are four such types:

(i)

Birds which have talons with which they catch prey, because of the report narrated by Muslim (1934) from Ibn ‘Abbaas (may Allaah be pleased with him), who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade every wild animal with fangs and every bird with talons.

It says in Zaad al-Mustaqni’: That which has talons with which it catches prey.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: What is meant by talons here is not the thing [spur] that protrudes from the leg of the rooster; that is a talon but it does not catch prey with it. End quote from al-Sharh al-Mumti’ (15/20).

(ii)

That which eats carrion, such as vultures and speckled crows.

It says in al-Mawsoo’ah al-Fiqhiyyah al-Kuwaitiyyah (5/135): The Hanafis, Shaafa’is and Hanbalis are agreed that it is haraam to eat large black crows and speckled crows, which are both types that usually eat only carrion, so they are abhorrent to those of a sound nature. This type also include vultures, because they only eat carrion, even though they do not have talons with which they catch prey. End quote.

(iii)

That which is off-putting, such as bats. There is a difference of opinion among the scholars as to what constitutes off-putting, which there is no room to discuss here.

(iv)

That which it is forbidden to kill, such as hoopoes, because of the report narrated by Abu Dawood (5267) and Ibn Majaah (3224) from Ibn ‘Abbaas (may Allaah be pleased with him) who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) forbade killing four kinds of animals: ants, bees, hoopoes and sparrow-hawks. Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

Everything apart from that is permissible in principle.

The fact that this bird is sometimes called a crow does not matter. Many of the fuqaha’ regarded farm crows as permissible, and gave as the reason for that the fact that they do not eat carrion.

It says in al-Majmoo’ (9/26): We have mentioned our view concerning farm crows and ravens. Maalik, Abu Haneefah and Ahmad (may Allaah have mercy on them) stated that they are permissible. End quote.

Al-Mardaawi said in al-Insaaf (9/364): His words “and farm crows” mean that they are permissible. This is our view and the view of our companions.

Note; farm crows have red beaks and feet. Or it was said that farm crows are large and black. End quote.

Ibn Qudaamah (may Allaah be pleased with him) indicated the guideline on this issue by saying: Everything that does not catch prey with its talons and does not eat carrion and is not off-putting, is halaal. End quote from al-Mughni (9/329).

Thus it is clear that Mynah birds are among those that it is permissible to eat.

And Allaah knows best.



Islam Q&A

Sprinkling the grave with water after burial

Q) What is the ruling on sprinkling water on the grave after burying the dead, justifying this by saying that it makes the dust solid on the grave? Does it make it cool for the dead?

A) Praise be to Allaah.

There is nothing wrong with sprinkling water, because water holds the earth together so it will not be scattered right and left.

With regard to what the common folk believe, that sprinkling water cools down the deceased, there is no basis for this. End quote.



Majmoo’ Fataawa Ibn ‘Uthaymeen (17/194).

Making up the Sunnah prayer that is done before Zuhr

Q) If someone comes to the masjid for the Zuhr prayer and misses the 4 Sunnan Rakah(which are offered before the Fard) can he repeat these 4 Sunnan Rakah after he offers his 4 Fard and 2 Rakah Sunnah (which are offered after the Fard)?

A)
Praise be to Allaah.

Firstly:

It is mustahabb to make up the regular Sunnah prayers if one misses them, according to the correct scholarly view. This is the Shaafa’i view and the well known opinion of the Hanbalis, in contrast to the Hanafis and Maalikis, because of the hadeeth of Umm Salamah (may Allaah be pleased with him), according to which the Prophet (peace and blessings of Allaah be upon him) prayed two rak’ahs after ‘Asr. He was asked about them and he said: “O daughter of Abu Umayyah, you asked about the two rak’ahs after ‘Asr. That is because some people from ‘Abd al-Qays came to me and distracted me from the two rak'ahs that come after Zuhr; these are they (i.e., I prayed them just now).” Narrated by al-Bukhaari (1233) and Muslim (834).

Imam al-Nawawi (may Allaah have mercy on him) said:

The correct view in our opinion is that it is mustahabb to make up the regular naafil prayers. This was the view of Muhammad, al-Muzani and Ahmad according to one opinion narrated from him. Abu Haneefah, Maalik and Abu Yoosuf, according to the most well known view narrated from him, said that they should not be made up. Our evidence is these saheeh ahaadeeth. End quote.

Al-Majmoo’ (4/43).

Al-Mardaawi al-Hanbali (may Allaah have mercy on him) said: The words “whoever misses any of these Sunnahs, it is Sunnah for him to make it up” – this is the well known view of our companions.

Al-Majd supported this in his commentary and it was the view favoured by Shaykh Taqiy al-Deen – i.e., Ibn Taymiyah. End quote from al-Insaaf (2/187).

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:

Making up regular Sunnah prayers is Sunnah if one misses them. The evidence for that is that when the Prophet (peace and blessings of Allaah be upon him) slept and missed Fajr prayer, and did not wake up until after the sun had risen, he prayed the Sunnah prayer of Fajr first, then he prayed Fajr after that. End quote.

Liqaa’aat al-Baab il-Maftooh (no. 74, question no 18). See also al-Mawsoo’ah al-Fiqhiyyah (25/284).

Secondly:

If he wants to make up the Sunnah prayer that comes before Zuhr after offering the fard Zuhr prayer, should he pray the Sunnah prayer that comes before Zuhr first, and then the Sunnah prayer that comes after Zuhr, or vice versa?

It seems that this matter is broad in scope, whether he starts with the Sunnah prayer that comes before or that which comes after, because what matters is doing it, whether it is done sooner or later.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said:

The scholars said: If you miss the two rak’ahs that come before Zuhr, then pray them after the prayer, because you were excused from doing them before the prayer. This happens all the time: a person comes to the mosque and finds that they have already started the prayer. In this case, he should make them up after he prays Zuhr.

But he should offer the regular Sunnah prayer that comes after Zuhr before the regular Sunnah prayer that comes before.

A man comes and the people are praying, and he is not able to offer the Sunnah prayer of Zuhr. When he has prayed Zuhr, he should pray two rak'ahs with the intention of offering the regular Sunnah prayer that comes after Zuhr, then make up the regular sunnah prayer that comes before. This was narrated from the Prophet (peace and blessings of Allaah be upon him) in a hadeeth narrated by Ibn Majaah.

Fath Dhi’l-Jalaal wa’l-Ikraam bi Sharhh Buloogh al-Maraam (2/225).

And Allaah knows best.



Islam Q&A

If he allows people who bring alcohol with them to drink it in his restaurant, is he sinning?

Q) My food in restaurant is halal I cook only halal food and serve. The restaurant I bought from kufr and the city transferred liquor license to my name. I do not sell alcohol but my customers bring in bottles wine for their dinner, which is allowed city ordinance. May I allow them to do this, or should I turn them away? They do not misbehaving or bother other customers, and when license expires I will not be of renewing it.

A) Praise be to Allaah.

(a)

The owner of the restaurant is responsible, according to sharee’ah, for what happens in his restaurant of sins that he could stop or prevent from happening in the first place. The prohibition of alcohol is proven in the Qur'aan and Sunnah and according to scholarly consensus. The Prophet (peace and blessings of Allaah be upon him) cursed ten people with regard to alcohol, not just the one who drinks it.

It was narrated that Anas ibn Maalik (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed ten types of people with regard to alcohol: the one who presses (the grapes, etc), the one for whom that is done, the one who drinks it, the one who carries it, the one to whom it is carried, the one who offers it, the one who sells it, the one who consumes its price, the one who buys it and the one for whom it is bought.

Narrated by al-Tirmidhi (1259) and Ibn Majaah (3381); classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

This proves that the sin includes everyone who contributed towards its presence, so that it may be drunk at the end.

(b)

The one who sits in a place where Allaah is denied and where evil actions and sins are committed is a participant with them in that sin, if he is able to change the evil but does not do so, or he is able to leave that gathering but does not do so. Allaah says (interpretation of the meaning):

“And it has already been revealed to you in the Book (this Qur’aan) that when you hear the Verses of Allaah being denied and mocked at, then sit not with them, until they engage in a talk other than that; (but if you stayed with them) certainly in that case you would be like them. Surely, Allaah will collect the hypocrites and disbelievers all together in Hell”

[al-Nisa’ 4:140].

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

i.e., if you commit sin after it has reached you, and you agree to sit with them in a place in which the verses of Allaah are being denied and mocked and belittled, and you approve of them doing that, then you have a share with them in what they are doing. Hence Allaah says “certainly in that case you would be like them” i.e., in sin, as it says in the hadeeth: “Whoever believes in Allaah and the Last Day, let him not sit at a table where alcohol is being passed around.” End quote.

Tafseer Ibn Katheer (2/435).

(c)

Allaah enjoins the Muslim to denounce evil when he sees it or knows of it taking place. So how can this coincide with allowing those customers to drink alcohol in your restaurant?

It was narrated that Abu Sa’eed al-Khudri (may Allaah be pleased with him) said: “Whoever among you sees an evil action, let him change it with his hand (by taking action); if he cannot, then with his tongue (by speaking out); and if he cannot, then with his heart (by hating it and feeling it is wrong), and that is the weakest of faith.”

Narrated by Muslim (49).

(d)

Another of the attributes of the slaves of the Most Merciful is that which Allaah says of them in the verse (interpretation of the meaning):

“And those who do not bear witness to falsehood, and if they pass by some evil play or evil talk, they pass by it with dignity”

[al-Furqaan 25:72].

According to some scholars – such as Imam al-Zuhri – what is meant by falsehood is drinking alcohol.

See: Tafseer Ibn Katheer (6/130).

Based on that:

You should put a stop to this by not allowing anyone to drink alcohol in your restaurant, otherwise you will be taking upon yourself the sin of those drinkers. Do not hesitate about this matter, and you will see the effect of that in your religious commitment and in your provision (rizq), if you seek reward from Allaah in this matter.

And Allaah knows best.



Islam Q&A

Should he use bank interest to pay off taxes?

Q) It is compulsory on every resident (whether he is a citizen or not) in the country I live in to pay tax. Sometimes the tax that should be paid is too much, and sometimes it is normal. Some people think that the country does not have the right to collect taxes from people; so they use the interest they get from the banks to pay the tax. What is your opinion about this?

A) Praise be to Allaah.

It is not permissible to deposit money in riba-based banks, unless that is necessary to protect the money, if there is no Islamic bank that is free from riba. In that case one must limit it to putting money in current accounts only [i.e., those that do not bear interest], so as to commit the lesser of two evils, and because necessity should not be exaggerated.

If any interest is paid on the deposited money, then it must be got rid of, by spending it on various charitable causes.

The Standing Committee for Issuing Fatwas was asked: I am a student in Britain, and we have to pay some taxes to the government, such as road tax and another tax (VAT) of 15% on anything we buy except food and children’s clothing. Now there is a new tax on municipal services which are provided the local municipality, such as education, waste disposal, swimming pools, parks, leisure centres and social services. Since we do not benefit from most of these services, as they are contrary to the teachings of our religion, and we only benefit from education, waste disposal and children’s playgrounds, and we are obliged to pay these taxes, which are between 3000 and 4000 Saudi riyals per year, my question is: Is it permissible for me to put some money in a deposit account, which is a riba-based account that yields 12% interest per year, and pay some of these taxes using this interest that I will get from this account? Because paying these taxes will put pressure on me financially.

They replied: It is not permissible for you to open an interest based account in order to pay off taxes with this interest, because of the general meaning of the evidence that riba is haraam. End quote.

Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan.

Fataawa al-Lajnah al-Daa’imah (13/366)

This applies to one who wants to deal with riba in order to pay off taxes with the interest. But if a person has been dealing with riba or put money in the bank and did not know that they had been giving him interest on it, then he wants to repent and get rid of this interest, there is no sin on him if he uses it to pay these taxes, so as to ward off wrongdoing from himself. We asked Shaykh Yoosuf al-Shubayli about that and he replied that there is nothing wrong with paying taxes with interest, but that is subject to the condition that one does not deal with riba in order to pay taxes.

And Allaah knows best.



Islam Q&A

Burying animals after they die

Q) I want to ask you about vermin such like snakes and other insects. If Allah gives me the power to kill it, should I bury it or leave it on the ground?

A) Praise be to Allaah.

The matter is broad in scope, because there is no text of sharee’ah which states that it is prescribed to bury them or that doing so is forbidden. It is better to bury them lest anyone be harmed or bothered by them.

And Allaah is the Source of strength. May Allaah send blessing and peace upon our Prophet Muhammad and his family and companions. End quote.

Shaykh ‘Abd al-‘Azeez ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh ‘Abd-Allaah ib nQa’ood



Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta, 8/444