The Zakāt on Money is Extracted and Paid as Money (Advice to those who run charitable organisations)

An extract from the upcoming translation of Volume 2 of al-Fiqh al-Manhajī 

Exchanging zakātable wealth or disposing of it:

There is no difference of opinion that the zakāt on money is extracted[1] as money, and that it is not valid for the owner to extract it in the form of commodities that are equal in value to the amount of the zakāt that must be paid.

If the owner gives his wealth to someone else to pay it on his behalf, such as a ruler,[2] an authorised representative,[3] or someone else, it is not for these people to dispose of it in any way that changes it from its original nature before it reaches its deserving recipients.[4] An-Nawawī r said: ‘Our companions[5] have said that it is not permissible for the Imam[6] nor the sāʿī[7] to trade any of the zakāt wealth if there is no necessity. Rather, they are to deliver it to the deserving recipients in its original state, because the people of the zakāt[8] are people of rushd;[9] there is no guardianship over them. It is thus not permissible to trade what belongs to them without their permission.’ (al-Majmūʿ, 6:178)

The necessity that an-Nawawī r mentions is if one fears that the obligatory zakāt will be destroyed or damaged if it is left in its original state until it reaches its deserving recipients, or one needs provisions in the course of transferring it and thus one trades a portion of it for that purpose.

Based on this, we would like to draw the attention of the sincere people who run charitable organisations: it is not permissible for them to dispose of money that is given to them as the zakāt and thus buy foodstuffs and the like with it and then give it to the deserving recipients on the pretext that they are being shown compassion and their interests[10] are being taken care of, and so that they do not spend the money on what is not in their interests nor the interests of their children and dependants. We would like to advise these sincere people, if indeed they are keen for reward, not to appoint themselves as legislators and not to determine interest in the Revealed Law of Allah the Exalted as it appears to them. Furthermore, we advise them not to make themselves guardians over those whom Allah the Exalted has not granted them guardianship, and to adhere to what an-Nawawī has transmitted from the revered scholars, which is that the people of the zakāt are people of rushd, there is no guardianship over them, and therefore it is not permissible to dispose of what we have been entrusted to deliver to them without their permission, and their permission is only considered after their right has been given to them; they themselves authorise it while it is in their possession.

An-Nawawī r also  said: ‘Our companions[11] have said that if the obligation is to pay one she-camel,[12] one cow, or one sheep, it is not for the owner to sell it and distribute its price among the categories of recipients without disparity. Rather, he is to gather the deserving recipients and give it to them. This is also the ruling of the Imam[13] according to the majority.’ (al-Majmūʿ 6/178) Moreover, it should not escape us that the zakāt is an act of worship; there is no room for opinions or juridical reasoning except within very confined boundaries. This is why the fuqahāʾ stop at the texts and do not look at what is imagined to be an interest if they[14] were to be contravened.

An-Nawawī r also said: ‘Imam al-Ḥaramayn[15] said, “The relied-upon[16] position regarding the evidence according to our companions’ is that the zakāt is a means of drawing nearer to Allah the Exalted,[17] and the approach regarding anything of that nature is to follow what Allah the Exalted has commanded. If a person says to his representative, ‘Buy me a garment’, and the representative knows that his purpose is trade and he then sees some commodity that would be more beneficial for the one who is hiring him, it is not for him to contravene him, even if he thinks it is more beneficial. Thus, it is even more so the case that Allah’s commands are obligatory to follow”.’ (al-Majmūʿ 5/403). In other words, it is not for us to contravene Him on the pretext of benefit and interest.

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[1] Ar. tukhraj, i.e. it is extracted from the total amount of money and then paid.

[2] Ar. ḥākim, and this would include governments and their agencies.

[3] Ar. wakīl, which could also be translated as ‘agent’.

[4] (tn): See Sūrat at-Tawbah 9:60. The categories of deserving recipients shall be elucidated in a subsequent chapter.

[5] (tn): i.e. the Shāfiʿīs.

[6] (tn): i.e. the Khalīfah, or ruler.

[7] (tn): i.e. the person responsible for delivering it.

[8] (tn): i.e. the deserving recipients.

[9] Ar. rushd, i.e. maturity and sensible conduct.

[10] Ar. maṣlaḥah, the plural of which is maṣāliḥ.

[11] (tn): i.e. the Shāfiʿīs.

[12] Ar. nāqah.

[13] (tn): i.e. the ruler.

[14] (tn): i.e. the texts.

[15] (tn): i.e. Imam Abū al-Maʿālī al-Juwaynī (419-478 AH), the teacher of Imam Abū Ḥāmid al-Ghazālī.

[16] Ar. muʿtamad.

[17] Ar. qurbah, which is synonymous with ʿibādah, i.e. an act of worship.

Is it permissible to pray while sitting on a chair?

A translation of this fatwa from Naseem al-Sham

Question:

Assalām alaykum. A phenomenon has spread in the masjids of our country, Libya, where there are many worshippers praying on chairs. In some masjids, the chairs are purchased using masjid funds. I am hoping for clarification on this issue and its sharʿī rules according to other madhhabs. In the madhhab of our country, the Mālikī madhhab, it is not permissible to pray on a chair even if one is disabled.  It is better to pray while sitting on the ground. May Allah reward you with goodness.

Answer (Imam Muḥammad Saʿīd Ramaḍān al-Būṭī):

The issue of praying on a chair, i.e. its ruling, depends on the opinion of a trustworthy doctor regarding the condition of the patient. If the doctor prohibits the person from praying while seated, meaning he is unable to bend his knees on the ground, then he has no option but to pray on a chair when prostrating (sujūd). In this case, his prayer is valid according to all the madhhabs.

If, however, the doctor prohibits the person from standing but does not prevent his from performing other movements—such as placing his forehead on the ground during sujūd—then it is obligatory for him to do so, and his prayer on a chair would not be valid unless he prostrates on the ground like everyone else. The specific use of a chair in this scenario would have no significance or necessity.

As for spending funds that have been collected specifically for the construction of the masjid, it is not permissible to use these funds to purchase such chairs. Rather, the chairs are to be purchased from funds that have been collected explicitly for that purpose.

 

Please see this video for further discussion of the Mālikī position.

Book Release: The Eminent Rank of Al-Quds

 Alhamdulillah, the book is now available from Nawa Books

Blurb:

In the current age, al-Quds is the world’s intractable puzzle, with the Jews holding onto it and the Muslims and Arabs being even more steadfast. Can diplomatic means solve this puzzle? 

This book looks at the historical record as well as the facts on the ground, from ancient times through to today. Not only does history show that the Zionist claims to al-Quds are weak, but Israeli actions in this age, the murders, massacres, terrorism, destruction, and the expulsion of the Arab inhabitants through various means, prove and demonstrate that they should not have control or authority over it. They are not worthy of it and they have proven themselves unworthy.

In this book, you will find convincing and conclusive responses to Zionist claims, backed up by objective, demonstrative, academic research regarding the conditions of al-Quds and its inhabitants. It underscores its sanctity to the followers of the three religions present there and assures everyone of their right to practice their rituals under Arab-Islamic sovereignty, with Arabs having priority in its administration, due to their initial settling and then residing and ruling there for millennia, before Islam and after. The book firmly rejects the idea of internationalizing al-Quds, emphasising its deep Arab and Islamic roots and its integral part of the Muslims’ creed, as explicitly stated in the Qurʾān. It also examines the historical Islamic-Arab presence in al-Quds over those millennia and in accordance with contemporary international law.

The book is also available from Amazon. 

 

Book Release: Some Secrets of the Divine Approach

 The sixth volume of the Pinnacle Papers is now available from Nawa Books

Blurb:

In Islam, there are fundamental principles, each of which stands first on the pillar of belief and secondly on conduct. This book contains a brief explanation of all these fundamentals: it clarifies their basis first from the texts of the Quran and the authentic Sunnah and then, second, succinctly explains their content.

Third, it then discusses their wisdom and benefit to society and the secret behind their legislation. Thus, it combines the knowledge of Islam as creed, thought, and conduct. Among these fundamentals are: faith in Allah and the secret behind its necessity, the way to unite the Muslims, the remembrance of Allah and its effect on man’s life, knowledge is the foundation of all conduct and creed, gentleness in following religious rulings, and separating from evil and its people.

From the introduction:

"In this volume, Imam al-Būṭī, may Allah have mercy on him, delves into a topic that many people overlook or maybe never even think about, which is that there is profound wisdom behind everything Allah does and everything He commands, the first of which is the command to believe in Him and acknowledge one’s slavehood to Him.

After that, the imam lists more than twenty other commands and their wisdoms, ranging from raising children and being good to parents to justice in transactions, from not accepting reports from dubious sources to explaining how true knowledge is the source of every word and deed, from the wisdom of dhikr to the wisdom of duʿāʾ, and so forth.

Upon finishing the book, all of this leaves the attentive reader in a far better position than when he started, for now he has a profound understanding of and insight into Allah’s commands, which are the foundation of his relationship with Allah.

His commands are His expectations of you; you demonstrate your love to Allah by meeting those expectations. When you understand that those expectations are rooted in His love and concern for you, you will find yourself enthusiastic and eager please Him.

And with Allah alone is every success."

Scroll down to find the Amazon link for your region.

Disposing of Interest in One's Bank Account

 A translation of this fatwa from Naseem al-Sham

Question:

As-Salām ʿalaykum wa Raḥmatullāhi wa Barakatuh. My question is as follows: I have a balance of money in the Real Estate Bank[1] and the last time I inquired about the balance, there was an additional interest amount of approximately 230,000 lira. Please tell me how I can legitimate this money. What is the method? As far as I know, this interest amount is unlawful. Thank you very much.

Answer (Imam Muḥammad Tawfīq Ramaḍān):

The addition to the principal amount is neither yours nor the bank’s; it is akin to lost money that should be given to public interests. You may use it to help the homeless and those in need, or give it to someone who needs it for treatment, for example, or to drill a well, or to extend an electricity line to someone who does not have one, and so on.

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[1] Ar. Al-Bank Al-ʿAqārī: https://www.reb.sy/

Book Release: Al-Fiqh Al-Manhaji: A Systematic Manual According to the Madhhab of Imam Ash-Shafi'i, Volume 1, Purification & Prayer

Alhamdulillah, the book is now available from Nawa Books

Blurb:

The best that man preoccupies himself with is knowledge of the lawful and the unlawful regarding rulings, and knowing the valid from the invalid regarding actions; it is the science of fiqh that has taken it upon itself to elucidate that. Many of the early scholars wrote so many books in this field that it is almost impossible to count; including exhaustive works, abridged works, commentaries, and research papers focusing on main issues as well as branch issues. The Islamic library still needs to grow, which is this book’s point of departure; it covers the main fiqh issues along with their evidences from the Noble Book and the Purified Sunnah, and the authors have also added whatever wisdoms can be gleaned from each ruling. The wording is clear and concise and the numerous headings and subheadings make it very easy for the reader to navigate the various topics and issues.

Excerpts:

What is Zakāt al-Fiṭr?
What are the Mufaṣṣal in the Qurʾān?
Introducing Shafi'i Fiqh

The Authors:

The authors are Imam Mustafa al-Khin, may Allah have mercy on him, Imam Ali ash-Sharbaji, may Allah preserve him, and Imam Mustafa al-Bugha, may Allah preserve him. Here are a few clips from Imam Mustafa al-Bugha's lessons:

And with Allah alone is every success!

Nawa Books ships worldwide and the book is also available from Amazon.

Book Release: Dedicating Rewards to the Deceased

 Alhamdulillah, the book-a joint project by Nawa Books and The Foreword Publications-is now available from Amazon and Lulu

Blurb:

If a person were to supplicate, recite the Noble Qurʾān, give in charity, or do any other act of worship and righteousness, and then dedicate the reward for that deed to someone deceased from this Ummah and ask Allah the Exalted to make it reach that deceased person, is such an action legitimate? And does the reward for that deed reach that deceased person?

Shaykh Muḥammad Fawāz an-Nimr, may Allah preserve him, is one of the leading Ḥanafī teachers of this age, based in Damascus. He graduated from Maʿhad al-Fatḥ al-Islāmī in 1985 and in the following year took up teaching posts at that institute as well as at the Umayyad Grand Masjid. Since then, he has taught several books on various topics. His lessons are available on YouTube and several are uploaded daily to his channel: @MFawazAlnemer.

From the translator's introduction:

The book in your hands is an attempt to put an end to a debate that actually ended several centuries ago. That is, it ended among the ʿulamāʾ, those who are qualified to speak on the matter, and yet, for some reason, it has been revived in recent times. As you will see in the book and in the appendices, the early generations did indeed differ over whether the reward for reciting the Qurʾān reached the deceased, but over time they came to be of one accord: the reward for reciting the Qurʾān does indeed reach the deceased and it is the muʿtamad position of all Four Schools.

These words of Imam as-Suyūṭī in Sharḥ as-Ṣudūr, which are quoted in Appendix A, make this very clear:

[The ʿulamāʾ] also infer from the aḥādīth that mention it, even though they are weak, for their sum total indicates that there is a foundation. Furthermore, the Muslims in every big city still gather together and recite for the benefit of their deceased without any reproach. Thus, it is a consensus. All of this has been mentioned by al-Ḥāfiẓ Shams ad-Dīn ibn ʿAbdul Wāḥid al-Maqdasī al-Ḥanbalī in a volume he wrote on the issue.

Al-Qurṭubī said, ‘Ash-Sheikh ʿIzz ad-Dīn ibn ʿAbdis Salām would issue fatāwā stating the reward for what one recites does not reach the deceased. When he had died, one of his companions saw him, so he said to him, “You used to say the reward for what one recites does not reach the deceased and is not gifted to him, so how is it?” He replied, “I used to say that in the abode of the world. Now, I have gone back on my position after seeing Allah’s magnanimity therein and that it does reach him”.’

And with Allah alone is every success.

For UK readers, the book is also available from Madani Bookstore.

What is Zakāt al-Fiṭr?

How does one discharge this obligation? (an extract from Volume 1 of the upcoming translation of Al-Fiqh al-Manhajī ʿalā Madhhab al-Imām ash-Shāfiʿī, to be published by Nawa Books)

زكاة الفطر

Zakāt al-Fiṭr

Its Definition:

It is a specific amount of property that must be paid after sunset on the last day of Ramaḍān, with specific conditions, on behalf of every legally responsible person and those whom he is obliged to support financially.

Its Legislation:

The dominant position, in the Sunnah, is that it was made obligatory in the second year of the Hijrah, in the same year in which fasting Ramaḍān was made obligatory.

The foundation for its obligation is what has been related by al-Bukhārī (1433) and Muslim (984), and the wording is the latter’s, on the authority of Ibn ʿUmar L: the Messenger of Allah e obligated zakāt al-fiṭr min Ramaḍān[1] upon the people as one ṣāʿ[2] of dates or one ṣāʿ of barley. It was an obligation upon every freeman and slave, male or female, from among the Muslims.

The Conditions That Make It Obligatory:

Zakāt al-Fiṭr is obligatory when three conditions have been fulfilled:

The first is Islam. It is not obligatory upon the original unbeliever[3] in the sense that he is asked to perform it, due to the aforementioned ḥadīth on the authority of Ibn ʿUmar, may Allah be pleased with both of them.

The second is the sun’s setting on the last day of Ramaḍān. Thus, if someone dies after sunset on that day, it is obligatory to pay Zakāt al-Fiṭr on his behalf, regardless of whether he died after or before having the capacity to pay it, which is different from someone who is born after sunset. If someone dies before sunset, it is not obligatory to pay it on his behalf, which is different from someone who is born before sunset.

The third is that one have more than what one needs to feed oneself and one’s dependants on Eid day and its night,[4] to house them, and to provide a servant if there is a need.

If one does not have enough to cover the expenses of Eid day and its night, with regard to oneself and those whom one is obligated to support financially, one does not have to pay Zakāt al-Fiṭr. If one does have enough for Eid day and its night but not for what follows, one is obligated to pay Zakāt al-Fiṭr, as no consideration is given to what follows Eid day and its night.

Those On Whose Behalf the Legally Responsible Person Must Pay Zakāt al-Fiṭr:

Whoever fulfils these three conditions is obligated to pay Zakāt al-Fiṭr on behalf of himself as well as those whom he is obligated to support financially, such as his progenitors,[5] his descendants,[6] and his wife.

Thus, one is not obligated to pay it on behalf of one’s pubescent son who is capable of earning, nor on behalf of a relative whom one is not responsible for supporting financially. Indeed, it would not be valid to pay on his behalf without his permission and delegation of authority.[7]

If one does not have enough to pay on behalf of all of one’s relatives whom one is responsible for supporting financially, one gives priority to oneself, then one’s wife, then one’s small child, then one’s father, then one’s mother, then one’s older child who is incapable of earning.

Zakāt al-Fiṭr: The Type of Food that Must be Given and the Amount:

Zakāt al-Fiṭr is one ṣāʿ of the main staple of the area in which the legally responsible person resides, and the evidence is the aforementioned ḥadīth of Ibn ʿUmar L. Moreover, according to al-Bukhārī (1439), it is on the authority of Abū Saʿīd al-Khudrī I, who said, ‘In the time of Allah’s Messenger e, we would pay one ṣāʿ of food on day of al-Fiṭr, and our food was barley, raisins, aqiṭ,[8] and dates’.

The ṣāʿ that the Messenger of Allah e would use was four amdād, i.e. four double handfuls,[9] and these four double handfuls are measured to be equal to three litres in dry measure, or approximately 2400 grammes.[10]

If the main staple in our area today is wheat, the Zakāt al-Fiṭr for one person is equivalent to three litres of wheat. The position of Imam ash-Shāfiʿī’s school is that it is not sufficient to merely pay the monetary value. Rather, it must be paid in the form of the main staple of that area. There is nothing wrong, however, with following the school of Imam Abū Ḥanīfah, may Allah the Exalted have mercy on him, in this issue in this age, which is that it is permissible to pay its monetary value. This is because the monetary value is of more benefit to the poor person than the actual staple crop,[11] and is more conducive to realising the desired objective.

When to Pay Zakāt al-Fiṭr:

As we have already mentioned, it becomes obligatory to pay it once the sun has set on the last day of Ramaḍān.

It is permissible to pay it anytime in the month of Ramaḍān as well as the first day of Eid.[12]

It is recommended, however, to pay it on the morning of Eid day before going out to the prayer. In the ḥadīth of Ibn ʿUmar L in al-Bukhārī’s (1432) narration, he says, ‘…and he commanded that it be paid before the people went out to the prayer’.

It is disliked to delay paying it until after the Eid Prayer, until the end of Eid day.[13] To delay paying it any further is sinful and one must make it up.

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[1]  (tn): i.e. the zakāt of breaking of one’s fast at the end of Ramaḍān.

[2] (tn): i.e. four amdād (the plural of mudd) according to the mudd of the Prophet e, which is currently about 2.75 kilogrammes, and some say it is 3, and it is better to err on the side of caution. See at-Taqrīrāt as-Sadīdah, 419. In fluid measurements, it is 2.03 litres. See Reliance of the Traveller, 263.

[3] Ar. al-kāfir al-aṣlī, i.e. someone who has never been a Muslim, as opposed to an apostate (murtadd).

[4] (tn): i.e. starting from sunset on the last day of Ramaḍān.
[5] Ar. uṣul, i.e. parents, grandparents, etc.
[6] Ar. furūʿ, i.e. his children, grandchildren, etc.
[7] Ar. tawkīl.

[8] (tn): i.e. a milk that is allowed to sour and congeal so that it becomes solid and can be cooked or cooked with. See al-Muʿjam al-Wasīṭ, 22.

[9] (tn): i.e. what is scooped with two hands as opposed to just one.

[10] (tn): Please see the footnote above about the quantity of a ṣāʿ; when there are different measurements, it is safer, and therefore better, to go with the largest quantity.

[11] (tn): For example, a poor person might not have the means to cook or prepare wheat, barley, rice, and so forth.

[12] (tn): i.e. the first day of Shawwāl.

[13] (tn): i.e. it remains disliked, which means it is still permissible and not sinful, until sunset on the first day of Shawwāl.

Online Course: Fiqh of Fasting

There are still three sessions left, if Allah so wills 

This course is based on Al-Fiqh Al-Manhaji 'ala Madhhab Al-Imam Ash-Shafi'i, which is one of the best contemporary books on Shafi'i fiqh, written by authorities in the madhhab from Sham. I am currently translating the book into English for Nawa Books.

Please register via Telegram: https://t.me/AlFiqhAlManhaji

#PreparationForRamadan

And please check out these Fatawa on Ramadan and Fasting.

Praying With a Catheter or Ostomy Bag

Two fatwas on the matter

A translation of this fatwa from Naseem al-Sham

Question:

Assalaam alaykum wa Rahmatullahi wa Barakatuh,

If one has to wear a catheter for a period of five days and blood and urine are constantly coming out, how does one perform wuḍūʾ and pray with this excuse? May Allah bless you.

Answer (Imam Muḥammad Tawfīq Ramaḍān):

One performs wuḍūʾ for each obligatory prayer after its time has come in, and then one prays. And one is pardoned for the circumstance one is in.

 

A translation of this fatwa from Naseem al-Sham

Question:

My question is about praying and performing wuḍūʾ when one is wearing an ostomy[1] bag or catheter. In each case, one is either unable to control one’s urination or defecation. Thus, how can one perform wuḍūʾ and pray in a valid way when we know that this situation might last for months?

Answer (Imam Muḥammad Tawfīq Ramaḍān):

A person in such a circumstance is deemed to be in a permanent state of ritual impurity.[2] A person in a permanent state of ritual impurity does not perform wuḍūʾ for an obligatory prayer until after its time has come in. He removes whatever najāsah he is able to from where it is located and performs wuḍūʾ, and muwālāh[3] is stipulated therein, meaning that there must not be a delay between washing one limb and the next.[4] One prays one obligatory prayer with that wuḍūʾ and however many supererogatory prayers one wants to.

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[1] (tn): i.e. colostomy or ileostomy, and the ruling would also apply to a urostomy bag.
[2] Ar. dāʾim al-ḥadath.
[3] (tn): i.e. immediate succession.
[4] (tn): i.e. one must not allow one limb to dry before starting to wash the next. Furthermore, after performing wuḍūʾ, one must pray immediately. See Ghāyat al-Muna: Sharḥ Safīnat an-Najā by Sheikh Muḥammad Bāʿaṭiyyah (Tarīm: Maktabah Tarīm al-Ḥadīttha, 1429/2008), 179.

What are the Mufaṣṣal in the Qurʾān?

What should you be reciting in each prayer? (an extract from the upcoming translation of Al-Fiqh al-Manhajī ʿalā Madhhab al-Imām ash-Shāfiʿī)

8. Reciting Some Portion of the Qurʾān after the Fātiḥah:

The sunnah is realised by reciting a sūrah of the Qurʾān, however short it may be, or by reciting three consecutive verses.

It is only recommended in the first two units of any prayer, whether one be the imam or praying alone. As for the one praying behind an imam, it is recommended in quiet prayers or when he is too far away to hear the imam’s recitation.

In the ṣubḥ and ẓuhr prayers, it recommended to recite the sūrahs that are known as ṭiwāl[1] al-mufaṣṣal, such as al-Ḥujurāt (49) and ar-Raḥmān (55). In the ʿaṣr and ʿishāʾ prayers, it is recommended to recite the awāṣit[2] al-mufaṣsāl, such as ash-Shams (91) and al-Layl (92). In the maghrib prayer, the qiṣār[3] al-mufaṣṣal are recommended, such as al-Ikhlāṣ (112).[4] This is due to the ḥadīth of an-Nasāʾī (2/127) on the authority of Sulaymān ibn Yasār from Abū Hurayrah t, who said, ‘I have not prayed behind anyone whose prayer resembled that of Allah’s Messenger e more than that of so-and-so. We prayed behind him and he would make the first two units of ẓuhr long and the later two light. He would make ʿasr light and he would recite the qiṣār al-mufaṣṣal in maghrib. In ʿishāʾ he would recite Wa sh-shamsī wa ḍuḥāhā[5] and similar sūrahs and in ṣubḥ he would recite two long sūrahs’.

 

It is also recommended to recite Ālif Lām Mīm Tanzīl, i.e. Sūrat as-Sajdah (32) in the first unit of the dawn prayer on Friday and Hal Atā[6] in the second unit.

This is due to what has been related by al-Bukhārī (851), as well as Muslim (880), on the authority of Abū Hurayrah t, who said, ‘In the fajr prayer on Friday, the Prophet e would recite Ālif Lām Mīm Tanzīl – i.e. as-Sajdah – and Hal Atā ʿAlā l-Insān.

It is recommended to make the first unit longer than the second in all prayers, due to what has been related by al-Bukhārī (725) and Muslim (451): ‘The Prophet e…would recite at length in the first and shorten his recitation in the second.’

[Translated from Al-Fiqh al-Manhajī ʿalā Madhhab al-Imām ash-Shāfiʿī (Damascus: Dār al-ʿUlūm al-Insāniyyah, 1410/1989), 1:152-153]

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[1] (tn): i.e. long.

[2] (tn): i.e. medium length.
[3] (tn): i.e. short.

[4] (tn): these sūrahs are called mufaṣṣal for a few reasons. According to Imam an-Nawawī, it is because there are frequent breaks (fuṣūl) between the sūrahs (i.e. the sūrahs are shorter), while it has also been said that there are very few abrogated verses therein. The imam also states that they start from Sūrat al-Ḥujurāt and continue through to the end of the Qurʾān. See Daqāʾiq al-Minhāj (Beirut: Dār Ibn Ḥazm, 1416/1997), 43. Imam Shams ad-Dīn ar-Ramlī says that mufaṣṣal means mubīn, i.e. made clear, and he quotes Sūrat Fuṣṣilat: “A Book whose verses have been made clear (fuṣṣilat).” [41:3] That is, the details of different meanings have been brought about. See Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Beirut: Dār al-Kutub al-ʿIlmiyyah, 1424/2003) 1:495. As for which sūrahs therein are long, medium length, or short, Imam Ibn Ḥajar al-Haytamī says that the ṭiwāl are from Sūrat al-Ḥujurāt to Sūrat an-Nabaʾ, the awāsiṭ (or awsāṭ) are from an-Nabaʾ to Sūrat ad-Ḍuḥā, and the qiṣār are from ad-Ḍuḥā to the end. This is the dominant position. See Tuḥfat al-Muḥtāj bi Sharḥ al-Minhāj (Cairo: Dār al-Ḥadīth, 1437/2016) 1:246.

[5] (tn): i.e. Sūrat ash-Shams (91).
[6] (tn): i.e. Sūrat al-Insān (76).

Praying and Fasting after an Abortion

A translation of this fatwa from Naseem al-Sham

جامع منجك، دمشق

Question:

I had an abortion after being pregnant for about 45 days. I inquired about this and one of the sheikhs gave me a fatwā stating that it was obligatory for me to pray after the adhān,[1] and that I also must fast, because the blood is considered abnormal blood (dam fasād) and therefore my ruling is that of a woman who has istiḥādah.[2] I want to ask if what I have done is correct and whether I am obligated to make up my fasts.

Answer (Imam Rushdī Saleem al-Qalam):

Whether a baby comes out alive or dead,[3] the blood that follows is blood of nifās.[4] The period during which one is cut off from purification is called nifās; the obligation to pray is lifted, whatever fasts are missed must be made up, and it is unlawful for a man to approach his wife.[5] You do not have istiḥāḍah. Istiḥāḍah is when blood comes out after the maximum duration for ḥayḍ[6] or the maximum duration for nifās. Ḥayḍ is no more than 15 days for the Shāfiʿīs and 10 days for the Ḥanafīs, while nifās is no more than 60 days for the Shāfiʿīs and 40 days for the Ḥanafīs.

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[1] (tn): i.e. once the time for each prayer has entered.

[2][(tn): i.e. abnormal bleeding.
[3] Ar. isqāṭ, i.e. a miscarriage or abortion.
[4] (tn): i.e. post-natal bleeding.
[5] (tn): i.e. have sexual intercourse with her.
[6] (tn): i.e. menstruation.

Mixed Wealth: Someone works in a usurious bank…can I eat from his home?

A translation of this fatwa from Naseem al-Sham

Question:

Faḍīlat ad-Daktūr al-ʿAlāmah, Muḥammad Saʿīd Ramaḍān al-Būṭī (may Allah protect him), I have a friend who works in a usurious bank. Is his wealth considered lawful, i.e. if we were to visit him in his home and eat his food, would we be consuming usurious wealth? Please benefit us and may Allah the Exalted benefit you and grant you the highest station of nearness to Him.

Answer (Imam Muḥammad Saʿīd Ramaḍān al-Būṭī):

If your friend’s income is a mixture of that which is lawful and that which is unlawful, there is no objection in the Revealed Law to your receiving his hospitality and eating his food. If, on the other hand, his entire income is from unlawful wealth, it is not permissible for you to consume any of his wealth, whether by transferring ownership of something[1] or by way of eating.[2]

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[1] (tn): e.g. accepting a gift from him, purchasing something from him. 

[2] (tn): i.e. what some scholars milk al-intifāʿ, or the ownership of benefiting from something while not being authorised to rent it, sell it, or otherwise exchange it. See Ash-Sharikāt wa Aḥkamuhā fī al-Fiqh al-Islāmī: Dirāsah Muqāranah fī ash-Sharikāt al-Islmāmiyyah by Imam Muḥammad at-Tāwīl (Beirut: Dār Ibn Ḥazm, 1430/2009,) 34-45.

Is Ribā the Same Now as It Was Then?

An extract from the book The Great Event Has Occurred: Usury Has Become Permissible by Imam Muḥammad at-Tāwīl, may Allah have mercy on him

The first of these justifications is that bank transactions are a modern form of transaction that was completely unknown to previous fuqahāʾ, as some people say.

The purpose of such a statement is to take the topic out of the purview of the texts and place it within the scope of juridical reasoning (ijtihād), so that it is easy to say that it is permissible in the name of ijtihād, making matters easier and reviving the faith by bringing it up to date.

It is a statement that is inaccurate and incorrect, for indeed this transaction was known before the advent of Islam. The only thing that is new is the outward form and the name, i.e. the building and the employees inside, the title “bank” written on the front and the word “interest” or “return” or “rate” used to cover the usury. As for the essence, the subject matter that takes place inside the building, it is the borrowing of cash and lending it with a surplus. It was known in the Age of Ignorance (al-Jāhiliyyah) before the advent of Islam. Imam Abū Bakr ar-Rāzī al-Jaṣṣāṣ says in his Qurʾānic commentary Aḥkām al-Qurʾān, ‘the usury that the Arabs knew and practiced was the lending of dirhams and dinars for a specified period of time with a surplus added to the amount borrowed according to what both parties agree upon.’^[1] As-Suddī says regarding the reason behind the revelation of the Exalted’s statement:

)يَٰٓأَيُّهَا اَ۬لذِينَ ءَامَنُواْ اُ۪تَّقُواْ اُ۬للَّهَ وَذَرُواْ مَا بَقِيَ مِنَ اَ۬لرِّبَوٰٓاْ إِن كُنتُم مُّومِنِينَۖ( 

“You who believe! Have taqwā of Allah and forgo any remaining usury if you are believers” [al-Baqarah 2:278],

‘This was revealed with regards to al-ʿAbbās ibn ʿAbdul Muṭṭalib and Khālid ibn Walīd. They were partners in al-Jāhiliyyah and they would lend money usuriously. Islam came and the two of them had vast wealth from usury, so Allah sent down this verse.’^[2] The Prophet, may Allah bless him and grant him peace, said, {Indeed, every usury from the usury of al-Jāhiliyyah has been abolished, and the first usury that I abolish is the usury of al-ʿAbbās ibn ʿAbdul Muṭṭalib.}^[3] Ibn Ḥajar said, ‘A person in al-Jāhiliyyah would give money to someone else for a specified period of time on the basis that every month he would take a certain amount while the principal remained as it was. When the time had passed he would reclaim the principal from him and if he was unable to pay it, extra time would be granted and there would be more monthly payments.’^[4] Fakhr ad-Dīn ar-Rāzī said, ‘As for the usury of credit, it is a matter that was well-known and customary in al-Jāhiliyyah. They would give money on the basis that every month they would take a specific amount while the principal remained unchanged. When the specified time had passed, they would reclaim the principal from the borrower. If he was unable to pay it, extra time would be granted and there would be more monthly payments.’^[5] This is the usury that they traded in al-Jāhiliyyah and it is exactly the same as bank transactions. The customer gives his money to the bank for periods of time that are agreed upon and every month he claims set amounts while the principal remains unchanged. 

Sheikh Kanūn said, ‘This kind is well-known amongst people today and it happens frequently’.^[6]

Likewise, giving money to someone who is going to invest it for a share of the profit, or the worker getting a fixed fee while all the profit goes to the owner of the money, this was also known and the Messenger of Allah, may Allah bless him and grant him peace, went out and traded with Khadījah’s money, may Allah be pleased with her, before he married her.^[7]

Likewise, depositing money in a current account was also known to the Muslims early on, for az-Zubayr ibn al-ʿAwwām, may Allah be pleased with him, would have people come to him with monetary deposits for him to safekeep on their behalf. He refused to accept them unless it was on the condition that they be a debt that he was liable for, for fear that he would lose them, as has been narrated by al-Bukhārī.^[8]

It is thus apparent that the statement that bank transactions are a new sort of transaction that was hitherto unknown is incorrect, because what is relevant is the substance and not the form, and matters are according to their objectives, as the scholars of jurisprudence (uṣūl al-fiqh) say. Yes, after the coming of Islam, lending with a surplus was declared unlawful, and muḍārabah^[9] with a fixed share hid these transactions from the Islamic society that was adhering to Allah’s Revealed Law. This was until they emerged with the appearance of colonialism and adopted new names that allowed them to deceive some people and put doubts in the minds of others who were incapable of penetrating their depths and knowing their reality, which is that it is undoubtedly lending and borrowing with a surplus and that it is the very same usury that Allah and His Messenger declared unlawful and cursed the one who consumes it, the one who feeds it, the one who writes it down, the one who witnesses it, the one who assists in it and the one who calls to it.

The second justification is that they say, ‘There is no clear text in the Book of Allah or the Sunnah of His Messenger, may Allah bless him and grant him peace, that declares this transaction unlawful.’

Like the one that precedes it, this statement is also inaccurate and incorrect for the following reasons:

First of all, it shows disavowal of scholarly consensus (ijmāʿ) and other sources of legislation and confines all legislation to the Book and the Sunnah. In fact, those who make this statement are not even convinced of implicit indications in both the Qurʾān and the Ḥadīth. This is ẓāhiriyyah that is more intransigent than the original ẓāhiriyyah,^[10] those rejected by the erudite scholars.

Secondly, we can say yes, there are clear texts in the Book and the Sunnah that forbid this transaction and declare it unlawful. As for the Book, there is the Exalted’s Statement:

 )وَأَحَلَّ اَ۬للَّهُ اُ۬لْبَيْعَ وَحَرَّمَ اَ۬لرِّبَوٰاْۖ(

“But Allah has permitted trade and forbidden usury.” [al-Baqarah 2:275] There is also His statement:

)يَمْحَقُ اُ۬للَّهُ اُ۬لرِّبَوٰاْ(

“Allah obliterates usury.” [al-Baqarah 2:276]

There is also His statement:

)يَٰٓأَيُّهَا اَ۬لذِينَ ءَامَنُواْ لَا تَاكُلُواْ اُ۬لرِّبَوٰٓاْ أَضْعَٰفاٗ مُّضَٰعَفَةٗۖ(

“You who believe! Do not feed on usury, multiplied and then remultiplied.” [Āl ʿImrān 3:130]

There is also His statement:

)اَ۬لذِينَ يَاكُلُونَ اَ۬لرِّبَوٰاْ لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ اُ۬لذِے يَتَخَبَّطُهُ اُ۬لشَّيْطَٰنُ مِنَ اَ۬لْمَسِّۖ(

“Those who practise usury will not rise from the grave except as someone driven mad by Shayṭān’s touch” [al-Baqarah 2:275]

 

And there is His statement:

)اُ۪تَّقُواْ اُ۬للَّهَ وَذَرُواْ مَا بَقِيَ مِنَ اَ۬لرِّبَوٰٓاْ إِن كُنتُم مُّومِنِينَۖ( 

“Have taqwā of Allah and forego any remaining usury.” [al-Baqarah 2:278]

In the Arabic language, ribā means increase, and in the Revealed Law it means the increase on one of two things being exchanged without any compensation. There is no doubt that the bank pays one hundred and reclaims one hundred and ten, for example, when it is the lender, and it receives one hundred from the depositing customer and gives him back one hundred and ten when it is the lender, even if it only calls it a deposit.

And we observe the principles of jurisprudence, which state:

-       Singular nouns that have the definite article (al) indicate universal applicability.

-       The universal (al-ʿāmm) is understood to indicate universal applicability until there is something that makes it particular.

-       The universal indicating individuals is an indication of conformity, every individual therein bearing the same ruling in conformity, whether in affirmation or negation.

-       The indication of conformity is by way of something clearly articulated according to the scholars of jurisprudence.

-       The general indicating every individual from amongst its individuals is a decisive indication according to the Ḥanafīs, and it has the rank of the specific (al-khāṣṣ) in its indication of its individuals.

 

What we gather from all of this is that the verses of usury indicate that bank interest is unlawful and they indicate it clearly because they comprise it decisively, because it is the increase on one of two things being exchanged without any compensation, and thus it is included within the generality of usury. This is why the scholars say, ‘the universal indicates the ruling in general and in detail as long as it is not made particular by some evidence.’ 

An example of this is very often found in the ḥadīths about usury, such as the ḥadīth: ‘The Messenger of Allah, may Allah bless him and grant him peace, cursed the one who consumes usury, the one who feeds it, the one who writes it down and the one who witnesses it.’^[11]

And there is the ḥadīth: {Beware of the sins that are not forgiven; taking something secretly, for whoever takes something secretly brings it on the Day of Standing, and the consumer of usury, for whoever consumes usury is resurrected on the Day of Standing as a fumbling madman.}^[12]

And there is the ḥadīth: {Usury is ninety-nine doors, the least of which is like a man approaching his mother}^[13] and the ḥadīth: {Usury is seventy parts, the least of which is a man having sex with his mother.}^[14] There are others and they also comprise bank interest, as is indicated by conformity, and clearly so. If we observe the abovementioned principles of jurisprudence, are these people going to wait until they find in the Qurʾān and the Sunnah the expression, ‘bank interest is unlawful’ before they become convinced that the Qurʾān and Sunnah contain a clear text declaring it unlawful?

Is not the aforementioned from al-Jaṣṣāṣ, as-Suddī and others sufficient in proving that usury was known to the Arabs and that it is lending with a surplus, and that the Exalted’s statement:

)يَٰٓأَيُّهَا اَ۬لذِينَ ءَامَنُواْ اُ۪تَّقُواْ اُ۬للَّهَ وَذَرُواْ مَا بَقِيَ مِنَ اَ۬لرِّبَوٰٓاْ إِن كُنتُم مُّومِنِينَۖ( 

“You who believe! Have taqwā of Allah and forgo any remaining usury” [al-Baqarah 2:278] came down regarding lending with a surplus, and that the jurisprudential principle that the illustration of the reason (sabab) makes it decisively general and cannot be made particular through juridical reasoning (ijtihād), as is stated by the scholars of jurisprudence? This means that the lending with a surplus that is practised by the bank, in both giving and taking, in the name of interest or return or whatever else, is the same usury that is commanded to be abandoned in this verse, and it is decisively and definitely included and comprised therein. Also, the verse is a clear text declaring it unlawful. So, after this, is it valid to say that the Book of Allah and the Sunnah of His Messenger, may Allah bless him and grant him peace, contain no clear text declaring bank interest unlawful?

 

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^[1] Aḥkām al-Qurʾān by al-Jaṣṣāṣ, 1/1465

^[2] Asbāb an-Nuzūl.

^[3] Ibid, al-Wāḥidī, p.59.

^[4] See Ḥāshiyah Kanūn ʿalā ar-Rahūnī 5/92.

^[5] At-Tafsīr al-Kabīr by al-Fakhr ar-Rāzī.

^[6] Ḥāshiyah Kanūn ʿalā ar-Rahūnī 5/92.

^[7] See Sīrat Ibn Hishām 1/203.

^[8] Al-Fatḥ 6/228.

^[9] (tn): Referred to in English as a sleeping partnership, this is an agreement in which one party provides the capital while the other does all the work and the profits are shared between the two based on whatever they agree upon. It is also called qirāḍ in Arabic.

^[10] (tn): i.e. the literalists, a school of law founded by Dāwūd az-Ẓāhirī (d.270 AH) and later died out due its rigid literalism.

^[11] Related by Abū Dāwūd 3/244.

^[12] Related by at-Ṭabarānī, see Ḥāshiyat Kanūn ʿalā ar-Rahūnī 5/93.

^[13] Al-Jāmiʿ li Aḥkām al-Qurʾān 3/236.

^[14] Related by Ibn Mājah and al-Ḥākim, see Mukhtaṣar Ibn Kathīr 1/247.