Sunday, August 10, 2008

Ruling on zakaah that is paid to the department of zakaah and income tax

Q) I own an association and I pay an amount of Zakah (2.5% of my capital money) to the department. of Zakah and income tax. Considering it as Zakah of trade, if I stop paying it, this will disturb many needed procedures for me, for example, requiring any information update in my documents or bringing employees from overseas. I have to pay this amount but I read in some books that it is not considered Zakah, and that I have to pay Zakah separately myself regardless what I pay to the department. Please clarify this matter, as this is an important question to every company and association in the KSA. May Allah guide you to the best.

A) Praise be to Allaah.

So long as it is demanded of you in the name of zakaah and you pay it with the intention of paying zakaah, then it is zakaah, because the authorities have the right to demand zakaah from the rich and spend it on the causes on which zakaah is to be spent. You do not have to pay any other zakaah from the wealth on which you have paid zakaah to the state. But if you have other wealth or profits on which you have not paid zakaah to the state, then you must give it to the poor who are entitled to it, and others who are entitled to zakaah. And Allaah is the Source of strength. End quote.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him)



Fataawa ‘Ulama’ al-Balad al-Haraam, 168.

Bringing worshippers closer together so as to join them in the row

Q) When I go to the mosque to pray and the imam has already started the prayer, I find some gaps between the worshippers in the row in front of the row that I want to pray in. Is it permissible to bring them closer together and stand in between them in the row so as to close the gap?

A) Praise be to Allaah.

The Prophet (peace and blessings of Allaah be upon him) commanded us to make the rows straight and to close the gaps in them, and to complete the first row, then subsequent rows. That is mentioned in well-known ahaadeeth, such as that narrated by al-Bukhaari (690) and Muslim (433) from Anas, that the Prophet (peace and blessings of Allaah be upon him) said: “Make your rows straight, for straightening the rows is part of the perfection of prayer.” According to the version narrated by al-Bukhaari: “… is part of the establishing of prayer.”

Ahmad (12374), Abu Dawood (671) and al-Nasaa’i (818) narrated from Anas that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Complete the first row, then the next one, and if there is to be any incomplete row let it be the last row.” Classed as saheeh by al-Albaani in Saheeh Abi Dawood.

Ahmad (5724) and Abu Dawood (666) narrated from ‘Abd-Allaah ibn ‘Umar that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Straighten the rows, for you form rows like the angels, and keep your shoulders in line with one another, and fill the gaps, and do not leave any room for the Shaytaan. Whoever joins a row to complete it, Allaah will take care of him and whoever interrupts a row, Allaah will cut him off.” This hadeeth was classed as saheeh by al-Albaani in Saheeh Abi Dawood.

Based on this, then your bringing worshippers closer to one another and filling the gap in the row is an act that is prescribed in sharee’ah, so long as that does not lead to crowding the worshippers and annoying them.

And Allaah knows best.



Islam Q&A

Is it mustahabb to fast the whole of Sha’baan?

Q) Is it Sunnah to fast the entire month of Sha’baan?

A) Praise be to Allaah.

It is mustahabb to fast a great deal in the month of Sha’baan.

It was narrated that the Prophet (peace and blessings of Allaah be upon him) used to fast the whole of Sha’baan.

Ahmad (26022), Abu Dawood (2336), al-Nasaa’i (2175) and Ibn Maajah (1648) narrated that Umm Salamah (may Allaah be pleased with her) said: “I never saw the Messenger of Allaah (peace and blessings of Allaah be upon him) fast two consecutive months apart from the fact that he used to join Sha’baan and Ramadaan.”

According to a version narrated by Abu Dawood: “The Prophet (peace and blessings of Allaah be upon him) never used to fast any complete month in the year, apart from Sha’baan, which he used to join to Ramadaan.” Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 2048.

The apparent meaning of this hadeeth is that the Prophet (peace and blessings of Allaah be upon him) used to fast the entire month of Sha’baan.

But it was also narrated that the Prophet (peace and blessings of Allaah be upon him) used to fast all of Sha’baan apart from a few days.

Muslim (1156) narrated that Abu Salamah said: “I asked ‘Aa’ishah (may Allaah be pleased with her) about the fasting of the Messenger of Allaah (peace and blessings of Allaah be upon him), and she said: ‘He used to fast until we thought that he would always fast, then he would not fast until we thought that he would always not fast, but I never saw him fast in any month more than he fasted in Sha’baan. He used to fast all of Sha’baan, and he used to fast all of Sha’baan apart from a few days.’”

The scholars differed as to the way of reconciling between these hadeeths.

Some of them said that this had to do with differences of time – in some years the Prophet (peace and blessings of Allaah be upon him) fasted all of Sha’baan, and in other years he fasted all of that month apart from a few days. This was the view favoured by Shaykh Ibn Baaz (may Allaah have mercy on him). See Majmoo’ Fataawa al-Shaykh Ibn Baaz, 15/416.

Others said that the Prophet (peace and blessings of Allaah be upon him) never fasted any month in full apart from Ramadaan, and they interpreted the hadeeth of Umm Salamah as meaning that he fasted all of Sha’baan apart from a few days. They said that this is possible from a linguistic point of view, that if a man fasts for most of a month it may be said that he fasted the whole month.

Al-Haafiz said:

The hadeeth of ‘Aa’ishah explains what was said in the hadeeth of Umm Salamah, which says that he did fast any month of the year in full apart from Sha’baan which he used to join to Ramadaan; this means that he used to fast most of it. Al-Tirmidhi narrated that Ibn al-Mubaarak said: It is possible in the language of the Arabs, if a person fasts most of a month, to say that he fasted the whole month…

Al-Teebi said: It may be interpreted as meaning that he used to fast all of Sha’baan sometimes and most of Sha’baan at other times, lest people think that it is obligatory to fast the entire month, like Ramadaan.

Then al-Haafiz said: The former is the correct view – in other words, that the Prophet (peace and blessings of Allaah be upon him) did not fast all of Sha’baan. He quoted as evidence for that the report narrated by Muslim (746) from ‘Aa’ishah (may Allaah be pleased with her) who said: “I do not know that the Prophet of Allaah (peace and blessings of Allaah be upon him) recited the entire Qur’aan in one night, or spent an entire night in prayer until dawn, or fasted an entire month apart from Ramadaan.”

And he quoted the report narrated by al-Bukhaari (1971) and Muslim (1157) from Ibn ‘Abbaas (may Allaah be pleased with him) who said: “The Prophet (peace and blessings of Allaah be upon him) never fasted any month in full apart from Ramadaan.”

Al-Sindi said in his commentary on the hadeeth of Umm Salamah:

“He joined Sha’baan to Ramadaan” means that he fasted them both together. The apparent meaning is that he fasted all of Sha’baan… but there are reports which indicate something different. Hence it is to be understood as meaning that he used to fast most of it, so it was as if he fasted all of it and joined it to Ramadaan.

If it is asked, what is the reason for fasting a great deal during Sha’baan? The answer is:

Al-Haafiz said:

The reason in explained in the report narrated by al-Nasaa’i and Abu Dawood, and classed as saheeh by Ibn Khuzaymah, according to which Usaamah ibn Zayd said: “I said, ‘O Messenger of Allaah, I do not see you fasting in any month more than in Sha’baan.’ He said, ‘That is a month concerning which many people are heedless, between Rajab and Ramadaan. It is the month is which people’s deeds are taken up to the Lord of the Worlds, and I would like my deeds to be taken up whilst I am fasting.’” Classed as hasan by al-Albaani in Saheeh al-Nasaa’i, 2221.

And Allaah knows best.



Islam Q&A

He authorized her to get divorced and she got divorced herself

Q) My wife insisted on divorce a lot so I just said to her: “ I am not going to divorce you, if you want to get yourself divorced, then it is up to you” and I authorized her to divorce herself. She said openly after this: “I get myself divorced”. She tried a lot to make me take her back at that night. She thinks that what happened does not count as divorce, because she did not mean it. She does not believe that there is no joking when it comes to the matter of divorce. I did not authorize her again after this when I saw how rush and irresponsible she behaved. While I thought that it would stop her to ask for divorce again. What is the ruling on what happened?

A) Praise be to Allaah.

If the husband says to his wife: Divorce yourself, or It’s up to you, or You choose, or I authorize you to get divorced, and she says, I divorce myself, then it counts as a divorce.

The fuqaha’ discussed in detail a number of divorces that the wife may do, depending on the phrase used by the husband, but as the wife only issued one divorce to herself, there is no need to go into those details here.

Based on that, one divorce takes place if the wife says “I divorce myself from you” and it cannot be accepted from her that she did not intend a divorce, because if divorce is mentioned clearly, then the one who issued it is not to be asked about his intention, and the divorce counts as such even if he says I did not intend it.

If this was a first or second divorce, then you may take her back so long as the ‘iddah has not yet ended.

The wife has to understand that divorce is a serious issue, and that there is no room for joking or playing about in this matter. It counts as a divorce whether it is issued in earnest or in jest, as the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “There are three matters in which seriousness is serious and joking is serious: marriage, divorce and taking back (one’s wife).” Narrated by Abu Dawood (2194), al-Tirmidhi (1184) and Ibn Majaah (2039); classed as hasan by al-Haafiz Ibn Hajar in al-Talkhees al-Habeer (3/424) and by al-Albaani in Saheeh Sunan al-Tirmidhi (944).

It is not permissible for a woman to ask her husband for a divorce unless there is a reason which makes it permissible for her to do so, such as bad treatment. See the answer to question no. 117185.

See also the issue of Tafweed al-Talaaq (delegating divorce) in al-Mawsoo’ah al-Fiqhiyyah (13/113) and al-Sharh al-Mumti’ (13/84).

And Allaah knows best.



Islam Q&A

Ruling on thinking of haraam things without actually doing them

Q) What is the ruling on a person thinking of doing haram acts like stealing or committing adultery, while he is sure that he will not do them even if it is very easy for him to do?

A) Praise be to Allaah.

If something crosses a person’s mind, such as thoughts of zina, stealing, consuming intoxicants and so on, but he does not do anything, then he is forgiven for that and he does not incur sin thereby, because the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has forgiven my ummah for what crosses their minds, so long as they do not speak of it or act upon it.” And he (peace and blessings of Allaah be upon him) said: “Whoever thinks of doing a bad deed but does not do it, it will not be recorded against him;” and according to another version, “one hasanah (good deed) will be recorded for him, because he refrained from it for My sake.” Agreed upon – narrated from the hadeeth of Ibn ‘Abbaas (may Allaah be pleased with him). What this means is that if a person refrains from a bad deed that he was thinking of for the sake of Allaah, Allaah will record one hasanah for him, and if he refrains from it for any other reason, then no sayi’ah (bad deed) will be recorded against him, but no hasanah will be recorded for him either. This is the bounty of Allaah to His slaves; to Him be praise and thanks, there is no god but Him and no lord beside Him.

May Allaah send blessings and peace upon Muhammad and his family and companions. End quote.



Majmoo’ Fataawa Ibn Baaz (5/424).

Her period became irregular as a result of taking the pill; what should she do?

Q) My wife had her last period just ten days after the previous period; because she forgot to take the birth control pill. The doctor advised her to take tablets that will stop her period but till now her period continues. She has been bleeding lightly for 25 days now. What should she do?

A) Praise be to Allaah.

It is not possible, normally, for a period to last this long, so during this time your wife is in a state of istihaadah (non-menstrual bleeding). So she should stop praying etc for the number of days that her period usually lasts every month, and this will be her menses, then she should do ghusl and pray and fast, and it is permissible to have intercourse with her, and she is taahir (pure) even though she is bleeding.

See also the answer to question no. 49671.

And Allaah knows best.



Islam Q&A

Does Allaah come down to the first heaven on the night of the fifteenth of Sha’baan?

Q) Does Allaah come down to the first heaven on the night of the fifteenth of Sha’baan and forgive all the people except two types, namely kaafirs and those engaged in disputes?

A) Praise be to Allaah.

This is mentioned in some ahaadeeth, but there is some scholarly difference of opinion as to the soundness of those ahaadeeth. There is no saheeh hadeeth concerning the virtue of the night of the fifteenth of Sha’baan.

It was narrated from Abu Moosa al-Ash’ari that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Allaah looks down on the night of the fifteenth of Sha’baan and forgives all his creation except a mushrik or one who harbours hatred against the Muslims.” Narrated by Ibn Maajah, 1390.

The “one who harbours hatred against the Muslims” means one who has enmity towards a Muslim brother.

In al-Zawaa’id it says: Its isnaad is da’eef, because ‘Abd-Allaah ibn Lahee’ah is da’eef (weak) and al-Waleed ibn Muslim is mudallis.

There is also some idtiraab (weakness) in the hadeeth, as stated by al-Daaraqutni in al-‘Ilal, 6/50, 51. He said: This hadeeth is not proven.

It was narrated from Mu’aadh ibn Jabal, ‘Aa’ishah, Abu Hurayrah, Abu Tha’labah al-Khushani and others, but the isnaads are not free of some weakness, and some of them are very weak.

Ibn Rajab al-Hanbali said:

Concerning the virtue of the night of the fifteenth of Sha’baan there are numerous ahaadeeth, concerning which the scholars differed, but most of them classed them as da’eef, and Ibn Hibbaan classed some of them as saheeh.

Lataa’if al-Ma’aazif, 261.

Allaah’s descending to the first heaven does not only happen on the night of the fifteenth of Sha’baan, rather it is proven in al-Saheehayn and elsewhere that Allaah descends to the first heaven every night, in the last third of the night. The night of the fifteenth of Sha’baan is included in this general meaning.

Hence, when ‘Abd-Allaah ibn al-Mubaarak was asked about the descent of Allaah on the night of the fifteenth of Sha’baan, he said to the one who asked him: “O weak one! The night of the fifteenth?! He descends every night!”

Narrated by Abu ‘Uthmaan al-Saabooni in I’tiqaad Ahl al-Sunnah, no. 92.

Al-‘Aqeeli (may Allaah have mercy on him) said:

With regard to Allaah’s descending on the night of the fifteenth of Sha’baan there are ahaadeeth which are weak, but the reports that He descends every night are proven and saheeh, so the night of the fifteenth of Sha’baan is included in that, in sha Allaah.

Al-Du’afa’, 3/29.

See also the answer to question no. 8907.

On this site you can also find an article by Shaykh Ibn Baz (may Allaah have mercy on him) concerning the ruling on celebrating the night of the fifteenth of Sha’baan. You can find it under the heading, Periodic Topics (under “Useful Material” on the Islam Q&A Library page).



Islam Q&A

Does she have the right to the second part of the dowry?

Q) Her husband divorced her on the grounds that she is suffering from a contagious disease, i.e. leprosy, but after visiting a number of doctors it became clear that what she has is not a disease and is not contagious, and it can be removed by laser. Does she have the right to ask for the second part of the dowry?

A) Praise be to Allaah.

So long as it is not a deformity, she has the right to ask for the second part of her dowry.



Shaykh Khaalid al-Mushayqih

Should he wake his family for Fajr prayer even though they are exhausted and tired?

Q) Is it permissible for me to wake my wife for Fajr prayer knowing that she breastfeeds her small daughter during the night and sometimes she is very exhausted?

A) Praise be to Allaah.

Prayer is very important, and we are commanded to offer prayers at the prescribed times; we are urged to do that and we are warned against neglecting it. This is well known. For example, Allaah says (interpretation of the meaning):

“Verily, As‑Salaah (the prayer) is enjoined on the believers at fixed hours”

[al-Nisa’ 4:103]

“Guard strictly (five obligatory) As‑Salawaat (the prayers) especially the middle Salaah (i.e. the best prayer ‑ ‘Asr). And stand before Allaah with obedience”

[al-Baqarah 2:238]

And the Prophet (peace and blessings of Allaah be upon him) said, when he was asked which deed is most beloved to Allaah: “Prayer offered on time.” Narrated by al-Bukhaari (527) and Muslim (85).

So you should beware of missing prayer or delaying it until the time for it is over, because Allaah says (interpretation of the meaning):

“Then, there has succeeded them a posterity who have given up As‑Salaah (the prayers) [i.e. made their Salaah (prayers) to be lost, either by not offering them or by not offering them perfectly or by not offering them in their proper fixed times] and have followed lusts. So they will be thrown in Hell”

[Maryam 19:59]

It is not permissible to delay prayers beyond their appointed time unless that is for a reason that makes it permissible to join prayers at the time of the earlier or later prayer. It is well known that Fajr prayer cannot be joined with any prayer before or after it, so it must be offered on time, no matter how sick or tired a person is, so long as he is conscious and of sound mind. He should pray standing, but if he cannot then he may offer it sitting, and if he cannot do that then he may pray lying down.

The sleeper should take precautions to help him wake up, such as not staying up late, setting an alarm clock and asking others to help him wake up.

The husband is enjoined to take care of his family and save them from the Fire, as Allaah says (interpretation of the meaning):

“O you who believe! Ward off yourselves and your families against a Fire (Hell) whose fuel is men and stones, over which are (appointed) angels stern (and) severe, who disobey not, (from executing) the Commands they receive from Allaah, but do that which they are commanded”

[al-Tahreem 66:6]

Based on this, you should be keen to wake up your wife and encourage her and help her to pray; you can delay waking her up until it is nearly the end of the time for prayer. We ask Allaah to guide and help us and you.

And Allaah knows best.


Islam Q&A

The daughters of a father through breastfeeding from his second wife are siblings of the child who was breastfed

Q) My grandmother (my mother’s mother), may Allaah preserve her, breastfed her brothers and sisters from her father along with her own sons and daughters. After that, my grandfather (her husband) took another wife and she bore him a son and a daughter. Now my maternal aunts and my mother do not observe hijab in front of the sons of their maternal aunts and uncles because they regard themselves as paternal aunts.
But my question is: Shouldn’t my grandfather’s daughter from his second wife observe hijab before my mother’s maternal uncles (the brothers of my grandmother whom she breastfed)?

A) Praise be to Allaah.

Yes, your grandfather’s daughter from his second wife does not have to observe hijab before your mother’s maternal uncles, because they are her brothers through breastfeeding, but they are brothers on the father’s side only.

The reason for that is: If a child is breastfed by a woman in the manner mentioned in sharee’ah, i.e., within the first two years of life and five or more full feedings, then he becomes the child of the woman who breastfed him, and the daughters of the woman who breastfed him all become his sisters. He also becomes a son of the one to whom the milk belongs, namely her husband. The daughters of the husband all become sisters of the child who is breastfed, whether they were born to the woman who breastfeeds or from another woman, as is the view of the majority of scholars. This is what is called the man’s milk. Al-Muntaqa by Shaykh al-Fawzaan.

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: I was breastfed by a woman, then her husband took another wife, who bore him sons; are they my brothers?

He replied: If there were five or more breastfeedings, and the milk belonged to the husband because she bore him the child, then they are your brothers through your father and mother through breastfeeding. As for his children from his second wife, they are your brothers through your father through breastfeeding.

Breastfeeding means that the child takes hold of the nipple and sucks the milk until it reaches his stomach, then he lets go of the nipple for any reason, then he suckles the nipple again until the milk reaches his stomach, then he stops breastfeeding, then he resumes and so on, until five feedings or more have taken place, whether that is in one sitting or more, and whether that took place in one day or over several days, so long as it was within the first two years of the child’s life, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no breastfeeding except in the first two years” and he (peace and blessings of Allaah be upon him) said to Sahlah bint Suhayl: ‘Breastfeed Saalim five times and you will become a mahram for him.” And it is proven in Saheeh Muslim and Jaami’ al-Tirmidhi that ‘Aa’ishah (may Allaah be pleased with her) said: When the Qur’aan was first revealed, the number of breast-feedings that would make a child a relative (mahram) was ten, then this was abrogated and replaced with the number of five which is well-known, and the Prophet (peace and blessings of Allaah be upon him) passed away when this was the case. This version was narrated by al-Tirmidhi. May Allaah help us all to do that which He loves and which pleases Him. End quote from Fataawa al-Shaykh Ibn Baaz (22/305).

And Allaah knows best.


Islam Q&A