Page 2 : Vol.5 pg.2, , All Rights Reserved, No part of this publication may be produced, stored in a retrieval system or, transmitted in any form or by any means, electronic, mechanical photocopying or, otherwise without the prior permission of the Copyright Owner., Author: Qadi Sadrush Shariah al-Qaadiri, Translator: Muhammad Afthab Cassim al- Qaadiri, ISBN 978-0-9870100-1-8, The Publishers, Imam Mustafa Raza Research Centre, P.O. Box 70140, Overport, 4067 Durban, South Africa, Offices, 28 Clayton Road, Overport, Durban, Tel/Fax: 031 2081045, Email:
[email protected], Website: www.noori.org, Contribute towards a noble course: For those brothers and sisters who wish to, contribute towards our humble efforts, our Banking Details are as follows:, Name, Bank, Acc No, Branch, Code, , :, :, :, :, :, , Imam Mustafa Raza Research Centre, Nedbank, 2034044606, Sydenham, 103409, , Sponsor the Printing of a Book for Esaal-e-Sawaab, Contact us, if you wish to sponsor the printing of a book for the Esaale Sawaab of the, marhooms in your family. Sponsor the printing of a book and send the Sawaab to your, marhoom family members. This is Sawaab-e-Jaariyah and a means of educating the, Ummat. Knowledge is Power!, , 2
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Vol.5 pg.4, , HUZOOR SADRUSH SHARIAH, HUZOOR MUHADITHE-KABEER ALLAMA MUFTI, ZIA-UL-MUSTAFA QAADIRI AMJADI QIBLA, , ﷽, اﻟﺤﻤﺪ ﷲ ﻟﻮﻟﻴه واﻟﺼﻠﻮة ﻋ�� ﻧبﻴه و ﻋ�� اﻟه واﺻﺤﺎﺑه اﻟﻤﺘﺎدﺑ�ن ﺑﺎداﺑه, اﻣﺎ �ﻌﺪ, The Kitaab before me, ‘Bahaar-e-Shariat’ is an exceptionally, beautiful English translation. The book consists of a vast number, of Shariah Rulings, to solve the issues and needs of people which, present themselves in their daily lives. The one who practices, and acts upon the Rulings and Laws mentioned in this book will, be able to fulfil his necessary requirements and is also able to, guard himself in an Islamic mould, and it is this which is the true, objective in life., Hazrat Maulana Afthab Cassim Saaheb deserves to be, commended, for the sentiment in his heart to inculcate true, Islamic teachings amongst the English speaking Muslims and by, doing so; he has fulfilled the debt (i.e. the obligation) of the, Ulama. (I pray that) Allah grants his efforts the acceptance and, gratitude that it deserves, granting him a generous reward, (Aameen). Maulana has compassion and sensitivity in his heart, in regards to keeping the Muslim Community established and, steadfast. It is for this reason that he is always absorbed in, 4
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Vol.5 pg.5, , writing and compiling Deeni books and engrossed in the, translation and compilation of numerous reliable Kitaabs, such, as ‘Kanz ul Imaan’ and Bahaar-e-Shariat which he has translated, in eloquent English., He has also published the translations of numerous books in, English, allowing them to reach the homes of the English, speaking populace, causing the waves of Islam to rise, passionately within the hearts of thousands of people., (I pray that) Allah grants Maulana superb reward and grants him, countless blessings in all accomplishments in his age and in his, religious affairs, granting him acceptance (Aameen)., , Faqeer Zia-ul-Mustafa Qaadiri, , 15th Ramadaan-ul-Mubaarak 1431 Hijri, , 5
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Vol.5 pg.10, , Words of Inspiration, By Hazrat Maulana Mohammed Shakeel Qadiri Ridawi (London, U.K.), , ﷽, All praise is due to Allah Almighty, Durood and Salaam upon the Most, Beloved, the Most exalted in Allah’s creation, Sayyiduna Rasool Allah Sall, Allahu Alaihi wasallam., You are conferred with an English translation of volume 5 of the great, encyclopedia of Hanafi Fiqh namely Bahaar e Shariat by Huzur Sadrush, Shariah Badr al tariqah Mufti Amjad Ali Qibla Radi Allah Anhu which has, been translated tremendously into English by Sheikh Mufti Aftaab Qasim, Razawi Sahib., Nowadays especially throughout the English speaking world, we find Muslims, being notably lenient and ignorant towards the rules of zakah and every year, we hear innumerable arguments on social media and in our communities, regarding moon sightings and announcing the commencement of Ramadaan, and the day of Eid. This book discusses all the particular rulings regarding all, these matters., This encyclopedia of fiqh is a highly commended, accepted and world-famous, authentic work of Huzoor Sadrush Shariah from which many scholars and, students of knowledge alike have benefited., To spread this benefit to the masses who are unable to read the Urdu, language, to spread the knowledge of the pristine Shariah, to make people, aware of the laws regarding Fasting, Zakat, Iteqaaf, Moon sightings etc, this, book has now been translated into the English language., Looking at the luminous personalities who before me have added their own, blessed words, I am not worthy nor do my words hold any weight, but acting, 10
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Vol.5 pg.12, , Dedication, In The Love & Honour of, A Sea of Knowledge, Wisdom,, Piety and humility, The Great Imam of Fiqh, Hazrat Nu’man ibn Thaabit, , Imam-e-Azam Abu Hanifa ؓ◌, I would like to dedicate this translation to, two of the Greatest Imams of Fiqh, Of Our Time, , 12
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Vol.5 pg.14, , Chapter 1, Zakaat, , 15, , Chapter 2, Sadaqa e Fitr, , 138, , Chapter 3, Begging and Asking for Financial Aid, , 149, , Chapter 4, Nafil (Optional) Charity, , 159, , Chapter 5, Fasting, , 176, , Chapter 6, I’tekaaf, , 280, , 14
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Vol.5 pg.21, , VIRTUES OF ZAKAAT IN, THE LIGHT OF HADITH, There are also many Ahadith which have been narrated concerning, Zakaat. Some of them are being quoted below:, Hadith 1 & 2: It is in Sahih Bukhari Shareef from Hazrat Abu, , Hurairah ؓ◌ that Rasoolullah ﷺsaid, ‘To whomsoever Allah gives, wealth and he does not discharge its Zakaat, on the day of Qiyaamat, it, will appear in the form of a bald headed snake, with two spots on its, head. The snake will be placed as a noose around his neck, and it will, grab his cheeks and say, ‘I am your wealth. I am your treasure.’ After, this, Rasoolullah ﷺrecited this verse ( ﹷوﻻﹷ ﻳﹷ ْﺤ ﹷﺴ� ﹷ ﹽﹷن ﹽﹷاﻟ ﹻﺬﻳْ ﹷﻦ ﻳﹷﺒْ ﹷﺨﻠ ْﹹﻮ ﹷنuntil the end of, the verse)., , A similar narration is reported in Tirmizi, Nasa’i and Ibn Majah from, Abdullah ibn Mas’ud ؓ◌., Hadith 3: The narration of Imam Ahmed from Hazrat Abu Hurairah, , mentions, ‘The wealth for which the Zakaat was not discharged will, appear on the day of Qiyaamat in the form of a bald-headed snake. It, will chase (pursue) its owner and he will flee (from it), until he finally, thrusts his fingers into its mouth.’, Hadith 4 & 5: It is in Sahih Muslim Shareef from Hazrat Abu, , Hurairah ؓ◌ that Nabi ﷺsaid, ‘If a person is the owner of gold and, silver and if he does not pay its Zakaat, then on the day of Qiyaamat,, plates of fire will be prepared for him, and which will be heated in the, fire of hell, and his sides, forehead and his back will be branded with, it. When it is about to cool down, then the same will be repeated, again. This will be the affair of a day, which will last for fifty thousand, 21
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Vol.5 pg.22, , years, until judgement will be pronounced amongst the servants. He, will now see his path, whether it leads him towards Jannat or it leads, him towards Jahannam. Nabi ﷺwas asked about the camels, and He, ﷺsaid, ‘One who does not discharge what is due on him, then on the, day of Qiyaamat he will be made to lay down on a huge plain, and all, those camels will come forth in a healthy condition, and they will, trample over him with their hooves, and bite him with their mouths., When their last herd passes over him, the first will return (to trample, over him), and with regards to the cattle and goats.’ He ﷺsaid, ‘Such, a person will be made to lay down on an open field, and all of them, (i.e. the cattle and goats) will appear. None of them will have twisted, horns, none will be without horns and none will have broken horns., They will gore him with their horns, and they will trample on him, with their hooves.’, A similar narration is reported in the Sahihain from Hazrat Abu Zarr, ؓ◌ with regards to not paying the Zakaat on camels, cattle and goats., Hadith 6: It is in Sahih Bukhari from Hazrat Abu Hurairah, , that, after Rasoolullah ﷺwhen Siddique e Akbar ؓ◌ became Khalifa, some, people in Arabia became kaafir (they rejected Zakaat being Fard)., Siddique e Akbar ؓ◌ commanded Jihad against them. Ameer ul, Mo’mineen Farooq e Azam ؓ◌ said, ‘Why are you fighting against, them?’ Whereas Rasoolullah ﷺsaid, ‘I have been commanded to fight, against the people until they proclaim ﹷﻵ اﹻﻟ ٰ ﹷہ ا ﹻ ﹽﹷﻻ اﷲﹹand one who has, ؓ◌, , proclaimed ﹷﻵ اﹻﻟ ٰ ﹷہ ا ﹻ ﹽﹷﻻ اﷲﹹhas protected his Deen and wealth, and his, privileges in Islam and his accountability is with Allah (in other words,, he said that what need is there to fight them, whereas they have, already proclaimed ﷲ, ) ﹷﻵ اﹻﻟ ٰ ﹷہ ا ﹻ ﹽﹷﻻ ا ﹹ. Siddique e Akbar ؓ◌ said, ‘By Allah, I will, make Jihad against those who differentiate between Namaaz and, Zakaat (i.e. those who accept Namaaz as Fard and reject Zakaat being, 22
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Vol.5 pg.24, , Halaal he has. Imam Ahmed said the meaning of this is that if a, wealthy person (one who is financially stable) accepts Zakaat; it will, destroy his wealth, because Zakaat is for the Faqeers (i.e. one, deserving Zakaat). Both interpretations of this Hadith are correct., Hadith 9: Tabrani reported in Awsat from Hazrat Buraidah, , ؓ◌, , that, Rasoolullah ﷺsaid, ‘Allah will afflict a nation who does not pay its, Zakaat, with drought.’, Hadith 10: Tabrani reported in Awsat from Farooq-e-Azam, , ؓ◌, , that, Rasoolullah ﷺsaid, ‘That wealth which is ruined in dryness and, wetness (i.e. on land and water), is ruined due to not discharging, Zakaat.’, Hadith 11: It is in Sahihain from Ahnaf bin Qais that Sayyiduna Abu, , Zarr ؓ◌ said, ‘An intensely hot stone from the fire of hell will be placed, on the tip of their breasts (i.e. those who shun Zakaat), which will, break through the chest and exit from the shoulder, and it will (then), be placed on the shoulder bone, causing it to break through the bones, and exit from the chest.’, It is also mentioned in Sahih Muslim Shareef, that (Hazrat Abu Zarr, ؓ◌) said. I heard Nabi Kareem ﷺsaying, ‘It will break through the, backbone and exit from the side, and it will break through the nape, and exit from the forehead.’, Hadith 12: Tabrani reported from Ameerul Mo’mineen Hazrat Ali, , �م, , that Nabi Kareem ﷺsaid, ‘The needy will never face being, unclothed or hungry, but at the hands of the wealthy. Hear this! Allah, will hold such wealthy people strictly accountable, and He will punish, them severely.’, , اﷲ وﺟہ ا��ﻳﻢ, , 24
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Vol.5 pg.25, Hadith 13: Tabrani reports from Hazrat Anas, , that Rasoolullah, ﷺsaid, ‘On the day of Qiyaamat, the wealthy will be harmed by the, hands of the needy. The needy will say, ‘(O Allah) they unjustly held, back from us in our rightful due (from their wealth) which You made, Fard upon them.’ Almighty Allah will say, ‘By My Honour and Majesty!, I will bless you with My closeness and I will keep them distant.’, ؓ◌, , Hadith 14: Ibn Khuzaimah and Ibn Hib’ban have reported in their, , Sahih from Hazrat Abu Hurairah ؓ◌ that Rasoolullah ﷺsaid, ‘Three, people will be the first to enter Hell (i.e. three types of people). From, amongst them, one of them will be a wealthy person who did not pay, from his wealth, what is due for Allah.’, , Hadith 15: Imam Ahmed reported in Musnad reported from Hazrat, , Am’mara bin Hazm ؓ◌ that Rasoolullah ﷺsaid, ‘Almighty Allah has, made four (4) things Fard in Islam. The one who fulfils three from, amongst them will not have them benefit him, until he does not fulfil, all four of them; (they are) Namaaz, Zakaat, Fasting in Ramadaan and, Hajj Baitullah.’, Hadith 16: Tabrani has mentioned in Kabeer with the merit of, , Sahih, that Hazrat Abdullah ibn Mas’ud ؓ◌ says, ‘We have been, commanded to perform Namaaz and give Zakaat, and the Namaaz of, the one who does not pay his Zakaat, is not accepted.’, Hadith 17: It is in Sahihain, Musnad (Imam) Ahmed and Sunan, , Tirmizi from Hazrat Abu Hurairah ؓ◌ that Rasoolullah ﷺsaid, ‘Giving, Sadaqa (Charity) does not lessen your wealth; and if a servant forgives, the shortcomings of someone, Allah Almighty will increase his, honour; and one who shows humility for the sake of Allah, Allah will, exalt him (i.e. grant him Excellence and Respect).’, 25
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Vol.5 pg.26, Hadith 18: It is in Bukhari and Muslim from him (i.e. Hazrat Abu, , Hurairah ؓ◌) that Rasoolullah ﷺsaid, ‘One who spends on a pair of, things in the way of Allah, will be invited from all the doors of Jannat,, and there are many doors of Jannat. One who is a Namaazi will be, invited from the Door of Namaaz, the one who is from amongst the, Ahle Jihad will be invited from the door of Jihad, the one who is from, amongst those who gave Sadaqa will be invited from the Door of, Sadaqa, and the one who kept fast will be invited from Baab ur, Ray’yan (The Door Ar Ray’yan).’ Siddique e Akbar ؓ◌ said, ‘There is no, real need then for one to be invited from all the Doors (i.e. the, objective is entrance into Jannat, and this a person attains by entering, any one door of Jannat), but is there anyone who will be invited from, all the doors of Jannat?’ He ﷺsaid, ‘Yes, and I have confidence that, you will be from amongst them.’, Hadith 19: Bukhari, Muslim, Tirmizi, Nasa’i, Ibn Majah and Ibn, , Khuzaimah have reported from Hazrat Abu Hurairah ؓ◌ that, Rasoolullah ﷺsaid, ‘One who gives Sadaqa (charity) equal to even a, date from his Halaal earnings. And Allah does not accept anything,, except that which is from Halaal earnings. Almighty Allah then, accepts this (charity) from the right, and Allah nurtures it for its, owner, just as one would nurture a baby horse; until that Sadaqa, (finally) becomes as high as a mountain.’, Hadith 20 & 21: Nasa’i and Ibn Majah have reported in their, , Sunan, and Ibn Khuzaimah and ibn Hib’ban have reported in their, Sahih, and Haakim reported with the benefit of Sahih from Hazrat Abu, Hurairah ؓ◌ and from Hazrat Abu Sa’eed ؓ◌ that Rasoolullah ﷺ, delivered the Khutbah and said this, ‘By Him in Whose Divine Control, is my life!’ He ﷺsaid this thrice. He ﷺthen lowered his head and, we all lowered our heads, and He ﷺthen began to weep. We did not, 26
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Vol.5 pg.29, , LAWS OF JURISPRUDENCE, Law 1: Zakaat in Shariat refers to making a Faqeer (i.e. a needy, , person who is not Maalik-e-Nisaab, i.e. one who is not solvent in the, terminology of Shariah) the Maalik (owner), of a portion of wealth for, the sake of Allah, as has been stipulated by the Shariah. The Faqeer, should neither be Hashmi (i.e. Sayed, in other words, descendant of, Nabi Kareem )ﷺ, nor the freed slave of a Hashmi; and one should, completely separate any benefit for oneself from this. [Durr-eMukhtar, vol.2, pages 4-6], Law 2: Zakaat is Fard (obligatory), and the one who rejects it is a, , Kaafir (unbeliever), and the one who does not pay it is a Faasiq, (transgressor), and is deserving execution (i.e. in a country under, proper Islamic Ruling), and the one who delays its payment is sinful., [Alamgiri, vol.1, pg.170], Law 3: (Simply) making it Mubah (lawful) does not fulfil the Zakaat., , For example, if a Faqeer is fed some food with the Niyyat of Zakaat,, the Zakaat has not been discharged, because in doing so the, (condition) of making him the Maalik (owner) is non-existent. If one, gave him the food; in the sense that he may either eat it or take it with, him, then in this case, it (Zakaat) has been discharged. Similarly, if, clothing was given to a Faqeer, or if he dressed him in it, the Zakaat is, discharged. [Durr-e-Mukhtar, vol.2, pg.3], , Law 4 : If one gave a Faqeer a house to live in, the Zakaat will not be, , discharged, because in doing so he has not given him any portion of, the wealth (i.e. in this case the property), but rather, he has simply, made him the owner of the benefit (i.e. the gains). [Durr-e-Mukhtar,, vol.2, pg.3], 29
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Vol.5 pg.30, Law 5: When making (the Faqeer) Maalik (owner of the Zakaat), it is, , also necessary to give it (Zakaat) to a person who knows how to take, possession (i.e. ownership) of it. In other words, it should not be such,, that he throws it away, or he is deceived (regarding it); otherwise, it, will not be counted as being discharged. For example, if one gave it, (the Zakaat) to a very small child or to an insane person. If the child is, not wise enough (to take proper possession), then it should be given, on his behalf to his father who is also a Faqeer (deserving of Zakaat) or, to the legal executor. Otherwise, it should be given in the possession, of the child’s guardian. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.3], Law 6: There are certain conditions (pre-requisites) for Zakaat to, , become Waajib:, , 1. To be a Muslim, Zakaat is not Waajib (compulsory) upon a Kaafir (unbeliever). In other, words, if an unbeliever becomes a Muslim, then he will not be ordered, to pay Zakaat for the era in which he was an unbeliever. Allah Forbid!, If a person becomes a murtad (apostate), then whatever Zakaat he has, given in the era when he was a Muslim, is (now) void. [General Books,, Alamgiri, vol.1, pg.171], If a Kaafir became Muslim in a Darul Harb, and he was resident there, for some years, and he then returned to Darul Islam, (then in this, case), if he was aware of the fact that it is Waajib for a wealthy (i.e., solvent) Muslim to pay Zakaat, then the Zakaat for that period is, Waajib (upon him), otherwise not. If he became Muslim in a Darul, Islam, but did not pay the Zakaat for some years, then the payment of, the Zakaat for those years is Waajib upon him, even though he says, that he had no knowledge of Zakaat being Fard, as ignorance (of the, 30
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Vol.5 pg.31, , law) is not a valid excuse (Uzr) in a Darul Islam. [Alamgiri, vol.1,, pg.171/172], 2. Buloogh, In other words, he must have reached the age of puberty, 3. Aaqil, In other words, he must be of sane mind, There is no Zakaat upon a Na-Baaligh (one who has not reached the, age of puberty); and if a person remains in an insane state for the, entire year, then Zakaat is not Waajib upon him, and if he regains, sanity at the beginning and end of the year, then even though he may, remain in a state of insanity for the remainder of the period, the, Zakaat is Waajib upon him. If the condition of the insane person, prevailed from the beginning, i.e. if he became Baaligh in the state of, insanity, then his year (of being liable for Zakaat) will commence from, the year in which he regains his sanity. Similarly, if the condition is, temporary, but the condition prevailed for the entire year, then only, when he regains his senses (sanity), will it be counted as the beginning, of the year (for his Zakaat). [Jauhira, Alamgiri, vol.1, pg.172; Raddul, Muhtar, vol.2, pg.4], Law 7: There is no Zakaat on a person who goes in and out of a state, , of insanity, if he remains in this condition for the entire year, and if he, occasionally comes out of this condition, then Zakaat is Waajib upon, him. Zakaat is Waajib upon a person who is in an unconscious, (fainted) state, even though he may remain in an unconscious, , 31
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Vol.5 pg.32, , (comatose) state for the entire year. [Alamgiri, vol.1, pg.172; Raddul, Muhtar, vol.2, pg.4], 4. Azaad, To be a freeman (non-slave), Zakaat is not Waajib upon a slave, even though he may be a Mazoon, (i.e. licensed or privileged slave whose master has permitted him to, trade), or a Mukatib (a slave who is under bond with his master to pay, for his freedom within a stipulated time frame, and the slave also, accepts this), or an Umm e Walad (a female slave who gave birth to a, child accepted by her master as his offspring), or a Musta’a (a slave, bought in partnership, whereas one partner has freed him, but, because he is not solvent, he is ordered to earn whatever is due to the, remaining partners, and pay them off). [Alamgiri, vol.1, pg.171], Law 8: For whatever a slave who is Mazoon earns, there is no Zakaat, , upon him and neither is there Zakaat upon his master (for it)., However, if he hands it over to his master, then Zakaat must be paid, for those years as well by the master, on condition that the Mazoon is, not absorbed in debt, otherwise there is absolutely no Zakaat on what, he has earned, neither before he gives it in the possession of his, master, nor after he has given it. [Raddul Muhtar, vol.2, pg.9], , Law 9: For whatever the Mukatib has earned, the Zakaat on it is not, , Waajib, neither on him, nor on his master. However, once he hands it, over to the owner and a year passes, then as per the conditions of, Zakaat, the Zakaat will become Waajib upon the master, and the, Zakaat of the previous years is not Waajib. [Raddul Muhtar, vol.2, pg.9], , 32
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Vol.5 pg.33, , 5. Possession of Nisaab (The Threshold), In other words, he (or she) should have in his (or her) possession, wealth (commodities, cash, stock etc.) which is according to the, Nisaab (stipulated threshold in Shariah which qualifies one as a Zakaat, payer). If he is the owner of less than the Nisaab amount, then Zakaat, is not Waajib (upon him). [Tanweer, vol.2, pg.5; Alamgiri, vol.1, pg.172], 6. Complete Ownership, One should be the complete owner of it. In other words, it should also, be in his possession (i.e. he should have full control over it). [Alamgiri,, vol.1, pg.172], Law 10: Those goods (valuables etc.) that were lost or fell into the, , sea, or were usurped, and one does not have any witnesses to it being, usurped, or if he buried it in the wilderness somewhere, and he is, unable to remember where he really buried it, or if he gave it as, Amaanat (i.e. he entrusted it) to some stranger, and he cannot, remember who he entrusted it to, or if the Madyun (i.e. debtor), refuses to pay the Dayn (i.e. the debt), for which he has no witnesses,, and thereafter, the goods (valuables etc.) were found (i.e. recovered),, then (in this case) the Zakaat is not Waajib on the wealth for the, period in which he had not recovered it. [Durr-e-Mukhtar, Raddul, Muhtar, vol.2, pg.11/12], , Law 11: If the debt is on such a person who accepts the debt but is, , delaying in payment, or if he is insolvent, or if the Qadi (Muslim, Justice) has declared him to be insolvent, or if he refuses to pay the, debt, but he (the creditor) has witnesses (that he is owed the said, , 33
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Vol.5 pg.34, , amount), then once he receives the payment, the Zakaat for the, previous years is also Waajib. [Tanweer, vol.2, pg.12], Law 12: If someone is responsible for the ‘Ghasb’ of a grazing animal, , (i.e. Ghasb unlawfully seizing something, to usurp), even though he, may accept he has seized it, then even after it is recovered, there is no, Zakaat for the period in which it was seized. [Khania], Law 13: Zakaat is not Waajib upon the ‘Ghaasib’ (i.e. the usurper) for, , that which he has usurped (unlawfully seized), but rather it is Waajib, upon the usurper to return the usurped property (etc.) to the rightful, owner from whom it was usurped. If the Ghaasib (usurper) has mixed, that wealth (or goods etc.) with his own wealth, in a manner whereby, it is impossible to differentiate between both, and his wealth is within, the stipulation of Nisaab, then it is Waajib for him to pay Zakaat on all, of it. [Raddul Muhtar, vol.2, pg.34], , Law 14: If one person usurped (for example) one thousand rupees, , belonging to someone else, and then someone else usurped the same, money (rupees) from him (i.e. from the initial usurper) and then spent, it, and both the usurpers have one thousand each of their personal, wealth, then Zakaat is Waajib upon the first usurper and not upon the, second usurper. [Alamgiri, vol.1, pg.173], Law 15: The Zakaat of the ‘Shay Marhun’ (pawned / pledged item) is, , neither on the ‘Murtahin’ (pledgee) nor on the ‘Raahin’ (pledger), as, the Murtahin is not the actual owner, and the ownership of the Raahin, is not complete, because it is not in his possession (i.e. full control)., Afterwards, even after releasing the pledge (i.e. the pawned item), the, Zakaat for those years is not Waajib. [Durr-e-Mukhtar, vol.1, pg.9], 34
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Vol.5 pg.35, Law 16: If one purchased goods for trade purposes, but did not take, , possession of it for an entire year, then the Zakaat for the period, before the ‘Mushtari’ (buyer) took possession of it, is not Waajib, and, after he takes possession of it, the Zakaat for that year is also now, Waajib. [Durr-e-Mukhtar, Raddul Muhtar, vol.1, pg.9], 7. Nisaab must be free from Debt (Liability), Law 17: If a person is Maalik–e-Nisaab (i.e. owner of Nisaab) but he is, , in debt, such that if he pays off the debt, he will have no Nisaab, then, in this case the Zakaat is not Waajib upon him. This applies even if the, debt is to a person, such as a loan or ‘Zar e Thaman’ (i.e. the price of, something which he has purchased), or if it is the ‘Tawaan’ (payment, for a claim against him), or if it is a debt to Almighty Allah, such as, Zakaat. Khiraj; for example, if a person is only owner of one Nisaab,, and two years have passed in which he did not pay his Zakaat, then, only the Zakaat of the first year is Waajib, and not that of the second, year, because the Zakaat of the first year is a debt (which he must, pay), and after he deducts that and finds that the Nisaab does not, remain any longer, then the Zakaat of the second year is not Waajib, (i.e. in the first year). Similarly, if three years passed by, but in the, third year only one day remained, and he acquired a further five, Dirhams, then in this case as well, only the Zakaat of the first year is, Waajib, because in the second and third years the Nisaab does not, remain, after payment of the Zakaat (in this case). However, if from, the day that he receives the five dirhams until a year, the Nisaab, remains (i.e. if he remains Maalik-e-Nisaab for that year), then on, completion of that year, Zakaat is now Waajib. Similarly, if he was, Maalik-e-Nisaab (owner of Nisaab), and he did not pay the Zakaat at, the completion of the year, and then he lost all the wealth, and then, again acquired more wealth, which is equal to Nisaab, but if he, 35
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Vol.5 pg.36, , deducts the Zakaat of the first year from it, the Nisaab will not remain, any longer, then the Zakaat for that new year is not Waajib. If he did, not intentionally lose the initial wealth, but it was lost without intent,, then (in this case) the Zakaat for that becomes void. Hence, that, Zakaat is not a debt (liability), so in this case the Zakaat of the New, Year is now Waajib upon him. [Alamgiri, vol.1, pg.172/174; Durr-eMukhtar, vol.2, pg.6], Law 18: If he is not personally the ‘Madyun’ (Debtor), but he is, , actually the ‘Kafeel’ (one who undertook the responsibility to, discharge the debt, i.e. Guarantor) of the Debtor, and after deducting, the amount for the ‘Kifaalat’ (collateral/surety) the Nisaab does not, remain intact, then Zakaat is not Waajib (upon him). For example,, Zaid has one thousand rupees, and Amr took a loan of one thousand, rupees from someone, and Zaid gave surety for him, then in this case, Zakaat is not Waajib on Zaid, because even though Zaid does have, money in his possession, it is tied up in Amr’s debt, because the, creditor has the right to claim it from Zaid, and if he does not get it, from Zaid then he is at liberty to have Zaid imprisoned, so this money, is thus tied up in debt, so Zakaat is not Waajib on that amount. If ten, people have stood surety for Zaid and all of them have one thousand, rupees each, then too Zakaat is not Waajib upon any one of them (for, this), because the creditor is at liberty to claim it from any one of, them, and if he does not receive it from them, he is at liberty of having, whomsoever (of them) he wishes imprisoned. [Raddul Muhtar, vol.2,, pg.6/7], Law 19: According to the correct Madhab, that which is Dayn-e-, , Mi’aadi (Debt or loan which is lasting to the end of its term, i.e. for, which no time limit is fixed), does not hinder Zakaat becoming Waajib., [Raddul Muhtar, vol.2, pg.7], 36
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Vol.5 pg.37, , Since ‘Dayn-e-Mahr’ (Debt of Dowry) is not habitually claimed, thus, no matter whatever amount the husband owes in Mahr (to his wife), if, he is Maalik-e-Nisaab, Zakaat is (still) Waajib upon him (meaning that, owing dowry is not something which will hinder Zakaat being Waajib, on him). [Alamgiri, vol.1, pg.173], This especially applies with regard to ‘Mahr e Mu’akkhar’ (deferred, to, be paid in the event of Islamic divorce or death of the husband etc.), which is common here (in India etc.), for which no specific time limit, is fixed, because in this case the wife does not really have the, authority to make a claim for it, until death or Talaaq (Islamic, Divorce) does not take place., Law 20: The Nafaqa (essential financial support/provisions) of a, , man’s wife is not regarded as ‘Dayn’ (A debt), until the Qadi does not, order it, or unless both of them have not settled on an amount (for it),, and if both these (conditions) are not present, then it will be void (i.e., it will fall away). It will thus not be Waajib upon the husband to pay it,, so it is thus not something which hinders the payment of Zakaat. With, the exception of one’s wife, the Nafaqa for any other relative will only, be regarded as ‘Dayn’ (a debt), if a period of less than a month has, passed, or if that relative took a loan on the order of the Qadi; and if, both these cases are not present, then it falls away, and is not, something which hinders payment of Zakaat. [Alamgiri, vol.1, pg.173;, Raddul Muhtar, vol.2, pg.7], Law 21: ‘Dayn’ (A debt/loan) is only regarded as something which, , hinders payment of Zakaat, if it is something which existed before, Zakaat became Waajib upon the person, and if it (the debt) is incurred, after a year passes on Nisaab, then that ‘Dayn’ (debt) has no effect on, the Zakaat. [Raddul Muhtar, vol.2, pg.6], 37
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Vol.5 pg.38, Law 22: In this regard, there is no credence to that ‘Dayn’ which is, , not claimed from the servants (people). In other words, it is not a, factor which hinders the payment of Zakaat. For example, Nazr, (offering), Kaffarah, Sadaqa e Fitr, Hajj and Qurbani (etc.), because if, the expenses for these are deducted from the Nisaab, then even, though the Nisaab does not remain intact, Zakaat is still Waajib. For, Ushr and Khiraj (land tax) to become Waajib, debt is not a hindering, factor, in other words, even if one is a debtor, these things will be, Waajib upon him. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.6], Law 23: That Debt which occurred in the course of the year, in other, , words, one was not a debtor in the beginning of the year, but later fell, into debt, and then at the end of the year, with the exception of the, ‘Dayn’, he became Maalik-e-Nisaab, then Zakaat is now Waajib upon, him. This case can be understood from this example; let’s suppose the, creditor pardoned (i.e. wrote off) the debt, so now because he is not, responsible for the ‘Dayn’ (debt), and the year has also come to an end,, thus it is now Waajib upon him to pay Zakaat. It does not mean that, Zakaat will only be Waajib upon him, from now until another year, passes (as this is incorrect). If he was in debt from the beginning of, the year, and it was written off at the completion of the year, then in, this case Zakaat will not be Waajib now, but (in this case) it will be, only Waajib after a year passes after this. [Raddul Muhtar, vol.2,, pg.9/10], , Law 24: If a person is in debt and he is owner of few Nisaabs (i.e., , more than one Nisaab), and the ‘Dayn’ can be paid off from each one of, them (the Nisaabs); in other words, he has rupees and Ashrafis (i.e., cash), and he also has trade goods (i.e. stock etc.), and he has grazing, animals as well, then (in this case) he should regard the Ashrafis (i.e., the money) as means of payment for the debt, and he should give the, 38
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Vol.5 pg.39, , Zakaat from the other things. If he does not have cash, but he has, Nisaab of different kinds of grazing livestock. For example, if he has, forty goats, thirty cows and five camels, then (in this case) he should, give Zakaat from that which is easier for him, and he should set aside, the others for payment of the debt; and if in the above situation, he, gives the Zakaat from the goats or the camels, then he would have to, give one goat, and for the cows he would have to give a one year old, calf. Thus, it is obvious that it is easier for him to give one goat instead, of giving a one year old calf, so he may give the goat, and if it is alike,, then he has the choice (to give from where he wishes). For example, if, he has five camels and forty goats, the Zakaat for both is one goat, so, he has the choice of paying it from whichever he wishes to for the, ‘Dayn’ and from whichever one he wishes he may give the Zakaat. All, this detail is only applicable if someone appointed by the King, (Muslim Ruler in a Proper Muslim State) comes to collect the Zakaat,, and if one wishes to pay the Zakaat on his own accord, then he has, complete choice in all these cases. [Durr-e-Mukhtar, Raddul Muhtar,, vol.2, pg.10], Law 25: If one owes one thousand rupees (or Rands or any other, , currency), and he has in his possession one thousand rupees, and he, also has one house and a slave (servant) to serve him, then in this case, Zakaat is not Waajib upon him. Even though the house and the slave, are both worth one thousand rupees each, as these things are from, Haajat-e-Asliyah (a person’s basic essentials). Additionally, when, money is present, then it is money which will be in lieu as payment of, the loan, and not the house or the slave. [Alamgiri, vol.1, pg.173], ________________________________________________________________________, The slave rule does not apply as slavery has been currently abolished. All such rules, are being explained in this book as they are from the rules of Jurisprudence., , 39
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Vol.5 pg.40, , 8. The Nisaab must be free from Haajat-e-Asliyah, (i.e. after Haajat-e-Asliyah), Haajat-e-Asliyah refers to those things which a person, requires to live his life. Zakaat is not Waajib in these things (i.e. there, is no Zakaat in these things); such as the house in which one lives, the, clothing which one requires to wear in summer and winter, household, necessities, an animal for transport (i.e. a mode of transport),, handmaids or bondsman for your service, weapons for war (i.e. for, protection), a workman’s tools, essential Kitaabs (books) for the, people of knowledge, and grains (i.e. groceries) for eating. [Hidaya,, Alamgiri, vol.1, pg.172; Raddul Muhtar, vol.2, pg.10/11], , Law 26:, , Law 27: If a person purchased such an item which he will utilise in, , his work (field of profession), and its traces (effects) will remain in, that work (item), such as (tannin of) gall-nut which is used in tanning, (animal) hides, and oil etc. Hence, if one year passes over it, the Zakaat, on it is Waajib. Similarly, if a dyer buys saffron, or safflower colour to, dye clothing which he charges to do, then if this is equal to the, amount of Nisaab, and a year has passed, then Zakaat on it is Waajib., The same ruling applies to powder dyes etc., and if it is such a thing, that its effect will not remain, such as soap, then even if it is, equivalent to the amount of Nisaab, and a year has passed, the Zakaat, on it (that soap etc.) is not Waajib. [Alamgiri, vol.1, pg.172], Law 28: If a perfumer purchased bottles to sell perfumes (Itar) in,, , Zakaat is Waajib on them. [Alamgiri, vol.2, pg.11], , Law 29: If one took (i.e. kept aside) money for spending (i.e. for, , expenses), then this too is from Haajat-e-Asliyah. If money is kept to, be spent on Haajat-e-Asliyah, then whatever you spent in the year is, 40
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Vol.5 pg.41, , fine, but if whatever is remaining is equivalent (or more) than Nisaab,, (then) Zakaat is Waajib on it, even if one kept it with the Niyyat of, spending it in future for Haajat-e-Asliyah. If at the time of the, completion of the year (i.e. your Zakaatable year) there is need to, spend it for Haajat-e-Asliyah, then Zakaat is not Waajib (on that, amount particular). [Raddul Muhtar, vol.2, pg.8], Law 30: Kitaabs (Books) for the ‘Ahl-e-Ilm’ (people of Knowledge /, , scholars) are from Haajat-e-Asliyah, and even if it is in the possession, of those who are not from the people of Knowledge, there is still no, Zakaat on Kitaabs, on condition that it is not kept for trade, (businesses) purposes. The only difference in this is that with the, exception of these Kitaabs, if the people of knowledge (i.e. Ulama) do, not have wealth (money etc.) equal to Nisaab, it is permissible for, them to take Zakaat, and it is impermissible for those who are not, Ahle Ilm (to take Zakaat) if they have books to the value of two, hundred Dirhams (two hundred Dirhams used to be the Nisaab, threshold so wherever this is mentioned, it refers to the current, Nisaab threshold). The ‘Ahl’ here refers to those who require these, Kitaabs for reading (learning), teaching and for rectification. Books, (Kitaab) here, refers to Madhabi (Deeni) Books, meaning Kitaabs of, Fiqh, Tafseer and Hadith. If one has more than one copy, then if all the, extra copies put together are valued at two hundred Dirhams (i.e. at, current Nisaab), then it is also impermissible for the ‘Ahl’ to accept, Zakaat as well. This applies whether just one extra copy is of the said, value, or if many extra Kitaabs collectively make up that amount., [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.11], , Law 31: For a Hafiz, the Holy Qur’an is not from Haajat-e-Asliyah, and, , for a non-Haafiz, having more than one, is to have more than the, Haajat-e-Asliyah. In other words, if the (extra) Mushaf Shareef costs, 41
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Vol.5 pg.42, , more than two hundred dirhams (i.e. the price to purchase such, printed version of the Qur’an exceeds Nisaab), then (for him) to accept, Zakaat is impermissible. [Jauhira, Raddul Muhtar, vol.2, pg.11], Law 32: Medical Books for a Tabeeb (Physician, Doctor) are from, , Haajat-e-Asliyah, on condition that he studies them, and he finds the, need to revert to it. Books of Arabic Syntax (Nahw), Etymology (Sarf),, Astrology and Poetry Collections and story books etc. are not from, Haajat-e-Asliyah. Books of Usool-e-Fiqh (Principals of Fiqh), Ilm Al, Kalaam (Islamic Science of Scholastic theology), and books of Akhlaaq, (Morals and Etiquette) such as Ihya Al Uloom and Kimya e Sa’adat etc,, are from Haajat-e-Asliyah. [Raddul Muhtar, vol.2, pg.11], Law 33: Those books which are in refutation of the unbelievers and, , in refutation of the budmazhabs (deviant sects), and those books, which are in support of the Ahle Sunnat, are from Haajat-e-Asliyah., Similarly, if an Aalim keeps the books of Budmazhabs (deviants) etc. so, that he may (use it) to refute them, then these too are from Haajat-eAsliyah (for him), and for a non-Aalim, to even look (at such books) is, impermissible., 9. The Wealth must be ‘Naami’ (i.e. it must have, potential of growth), In other words, it should be wealth (assets etc.) which grow (i.e. have, potential of growth); whether growth may be in real form or, constructively. In other words, if he wishes to grow (i.e. increase) it,, then he should be able to, meaning that it may be in his possession or, in the possession of the representative (i.e. his duly appointed agent)., , 42
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Vol.5 pg.43, , The (Growth) of each is of two types:, 1. If it has been purely created for this purpose. This (type) is known, as Khilqi (its growth is natural), such as gold and silver. These have, been created so that things can be purchased with them., 2. Alternatively, if it has not been really created for this purpose, but, this purpose can be attained by it. It is called Fe’li (not natural, i.e., artificial).Everything except gold and silver are Fe’li because trade, grows everything., Zakaat is Waajib absolutely, in gold and silver, if it is to the value of, Nisaab, even if one has buried it away, and even if one has it for, business purposes, or not. With the exception of this, Zakaat is Waajib, on all other things, if they are intended for trade purpose (i.e. for, business), or on livestock which is left to graze. Therefore, in, conclusion, Zakaat is payable on three categories of assets:, 1. Thaman, (here) meaning gold and silver, 2. Assets (commodities) used for trade (i.e. trade goods), 3. Sa’imah1, in other words, livestock which is left to graze. [General, Books, Shaami, vol.2, pg.13; Alamgiri, vol.1, pg.174], Law 34: The Niyyat of trade (business) is sometimes explicit and, , sometimes by way of indication, i.e. intrinsically., ________________________________________________________________________, , 1: Sa’imah actually refers to livestock which is left to graze for most of the year, and the aim is to, only acquire its milk and to breed its offspring, or to fatten it. More detail will follow in the, section on Zakaat on livestock., , 43
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Vol.5 pg.44, , Explicitly, is when the intention of business is made when making the, Aqd (contract, or doing the dealing), be this a contract of purchase or, of Ijaarah1. The Thaman (price) should be the price in currency or, something from ‘Asbaab’ (something derived from it, i.e. its product, etc.)., Intrinsically, is when the goods are purchased for the sake of business,, or a house which is for business purposes; and it was given on rent in, lieu of the same ‘Asbaab.’ Therefore, this ‘Asbaab’ and that, commodity, which has been purchased are regarded as being for, business reasons, even though the intention of business was not made, extrinsically. Similarly, if one took something from someone on credit,, but it is for business, then this too is counted as being for a business, purpose. For example, if one is the owner of two hundred dirhams (i.e., whatever is the current Nisaab) and he took on credit a mound full of, wheat, so if it was not taken for business purposes, then the Zakaat on, it is not Waajib, because the price of wheat will be deducted from the, same two hundred., Therefore, no Nisaab will be left, and if it is for business purposes,, then Zakaat is Waajib, as the value of that wheat will be added to the, two hundred dirham (i.e. to the current Nisaab threshold), and then, from that total, the credit amount should be deducted, so two, hundred dirham (i.e. Nisaab) will (still) remain, thus Zakaat is Waajib., [Alamgiri, vol.1, pg.174; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.13], , ________________________________________________________________________, 1: Ijaarah refers to renting, leasing or taking on contract, , 44
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Vol.5 pg.45, Law 35: That contract (transaction) in which there is no transfer (i.e., , exchange), such as Hibah (Gifting), Wasiyat (bequest), Man’nat (Vow), and Sadaqa (Charity), or even if there is (some kind of) exchange, but, the exchange is not by means of wealth (Maal), such as in the case of, Mahr (Dowry), the ‘Khula’1 alternative, and the ‘Atq’2 alternative. If, one became the owner of any thing (i.e. item) by way of these two, contracts, then the Niyyat of business in this is invalid, in other words,, even if the Niyyat (intention) of business is made, there is no Zakaat, on it. Similarly, if one received such a thing as inheritance, then the, Niyyat of business in this is also invalid. [Alamgiri, vol.1, pg.174], , Law 36: If the Muwar’rath (Testator) had trade goods (or money) for, , business, and after his death, the inheritors made the Niyyat of, business, then in this case Zakaat is Waajib. Similarly, if one receives, livestock which grazes, as inheritance, the Zakaat on it is Waajib,, whether one wishes to keep them for grazing or not (i.e. breed them, or not). [Alamgiri, vol.1, pg.174; Durr-e-Mukhtar, vol.1, pg.18], , Law 37: In making the Niyyat of Tijaarat (business/trading), the, , Niyyat should be present at the time of the contract (dealing), even if, this is done extrinsically, i.e. by way of indication (Dalaalatan). If the, Niyyat was made after the contract, Zakaat will not be Waajib., Similarly, If one purchased something just to keep it (i.e. for personal, use), and he also said that if I get any profit (benefit from it), then I, shall sell it, then in this case Zakaat is not Waajib on it. [Durr-eMukhtar, vol.2, pg.18/19], , ________________________________________________________________________, 1: That wealth (money etc) by way of which a marriage is dissolved., 2: That wealth (money etc.) by way of which a slave or handmaid is freed., , 45
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Vol.5 pg.46, Law 38: If a person bought a slave with the intention of business, and, , then made the Niyyat of keeping him in his service (i.e. as a servant in, his home etc.), and then (again) he made the intention of business,, then in this case, it will not be regarded as business unless he does not, sell him for such a commodity in which the payment of Zakaat is, Waajib. [Alamgiri, vol.1, pg.174; Durr-e-Mukhtar, vol.2, pg.17], Law 39: Zakaat is not Waajib on pearls and gemstones, even if they, , are worth thousands. However, if it is purchased with the intention of, business (i.e. as trade goods), Zakaat is Waajib on them. [Durr-eMukhtar, vol.1, pg.18], Law 40: Making the Niyyat of business in that which sprouts from the, , ground is not Waajib. This applies whether the land is ‘Ushri’ (in, which one-tenth must be paid) or ‘Khiraji’ (taxed land), even if it his, own property, or part of the public land, or if it is something which he, has taken on rent. However, if the land is ‘Khiraji’ and he took it on, ‘Aariyat’ (as loaned Property) or on rental, and he sold that which was, for business purposes, then in this case the Niyyat of business in that, which sprouted is correct, i.e. valid. [Raddul Muhtar, vol.2, pg.13/14], Law 41: Whatever a ‘Mudharib1’ buys with the Maal, i.e. capital from, , his Mudharabat, even though he may not have the Niyyat of business,, and even though he may have purchased it for personal expenditure,, Zakaat is Waajib on it, to this extent that even if a slave is purchased, with the ‘Maal’ (wealth) of Mudharabat, and if he purchased clothing, for him to wear, and grain for him to eat, then all of this is actually for, business purposes, and Zakaat on all this is Waajib. [Durr-e-Mukhtar,, Raddul Muhtar, vol.1, pg.13], , 46
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Vol.5 pg.47, , 10. Completion of a Year (i.e. a full year of Nisaab), A year here refers to the Lunar year, in other words, 12 months based, on the moon (lunar) month. If in the beginning of the year or at the, end of the year, the Nisaab was complete (i.e. one was solvent) but in, the middle of the year, there was a shortage of Nisaab (the minimum, Zakaat threshold), then this shortage does not make any difference. In, other words, the Zakaat will still be Waajib (at the end of the year)., [Alamgiri, vol.1, pg.175], Law 42: If one exchanged the trade goods for gold and silver with, , something of its own ‘Jins’ i.e. own kind2 (i.e. of the same category), or, something of a different kind (i.e. different category), then due to this,, there is no loss on the completion of the year. However, if one, changed livestock, then the year has been cut, and now he will count, the year from the day on which he changed it. [Alamgiri, vol.1. pg.175], Law 43: If a person is Maalik-e-Nisaab (i.e. solvent person), and in the, , middle of the year (i.e. in the course of the year) he acquired, something of the same type (i.e. the same type of commodity), then, the year for the new goods is not counted as a separate year, but the, end of the year of the initial goods (or cash etc.) is the same year, ________________________________________________________________________, , 1: Mudharabat is a type of partnership in Shariah, in which from one end there is Maal (finance,, goods etc.) and from the other end there is work, and both are partner to the profits. The one, who carries out the work is called the Mudharib and whatever the owner gives is known as Raas, Al Maal (i.e. payment of Mudharabat)., 2: Gold and silver here is absolutely regarded as one ‘Jins’ i.e. of one kind (i.e. one category),, similarly is the jewellery, utensils and other things (made from them), and the Maal e Tijaarat, (i.e. business capital) will also be counted in the same ‘Jins’, no matter which type it is of, because, its Zakaat is also paid based on the value of gold and silver., , 47
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Vol.5 pg.48, , ending for this as well, even if it was acquired a minute before the, year ended, and it does not matter whether this asset was attained by, means of the same initial commodity, or whether it was acquired by, way of inheritance, or as Hibah (a gift), or by way of some other, permissible means. However, if it is of a different type, for example;, initially, he had camels and now he acquired goats, then he will count, a new year for that. [Jauhira], Law 44: If a Maalik-e-Nisaab acquired some Maal (i.e. cash, goods, , etc.), and he has two Nisaabs, and the year count for both the Nisaabs, are separate, so the assets which he acquired in the middle of the year, (i.e. in the course of the year), he should add it to those (assets), in, other words to the Zakaat of the first one which was already Waajib., For example, if he had one thousand rupees, and the value of the, Sa’imah which he already paid in Zakaat, so (in this case) both cannot, be combined. However, if he acquired a further one thousand rupees, in the middle of the year, then the Zakaat on that is when the year for, the Zakaat of the first one amongst the two is counted. [Durr-eMukhtar, vol.2, pg.31/32], Law 45: If one had grazing livestock and he paid the Zakaat on them, , at the completion of the year, and then he sold them for cash, and he, also has in his possession capital (i.e. money) which is equal to the, value of Nisaab, on which half a year has already passed, then in this, case, this (newly acquired) capital (from sale of the livestock) will not, be mixed (added) to the other amount. However, for the (newly, acquired) amount, the New Year will commence at this time (i.e. when, he acquired it after sale of the livestock). This will apply only when, this is the value of it, and is equal to the amount of Nisaab, otherwise, according to consensus he will add it to the older amount. In other, words, the Zakaat for it will be paid with that of the old amount (i.e., 48
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Vol.5 pg.49, , when the Zakaat for the old amount becomes due, then the Zakaat on, this newly acquired amount will also be due). [Jauhira, Alamgiri, vol.1,, pg.175], Law 46: If before the completion of the year, one sold a Sa’imah for, , cash (i.e. money), then in this case he will add this cash to the earlier, cash which he already has. In other words, when the year count for, the first amount ends, then Zakaat on the (newly acquired) amount, will also be paid. A new year will not be counted for this. Similarly, if, he sold the animal in lieu of an animal, then that (newly acquired), animal will be added to the other animal which he already possesses., If he already gave the Zakaat for a Sa’imah and did not keep it as a, Sa’imah any longer, and then sold it, then in this case he will add the, Thaman1 to the older capital (amount etc.). [Alamgiri, vol.1, pg.175], Law 47: If he sold camels, cows and goats, in exchange of one another, , before the completion of the year, then now, the year count for that, (newly acquired animal) will be a new one. Similarly, if one sold it for, something else with the Niyyat of trade, then a year from now, Zakaat, will be Waajib on it, and if he sold it for its own class (same kind of, thing), in other words, he sold a camel for a camel and a cow for a cow,, the same rule will apply here as well. However, if he sold it after the, completion of the year count, then the Zakaat has become Waajib, (already) and it is his responsibility (to discharge it). [Jauhira], , ________________________________________________________________________, 1: Thaman is the value/price of something, , 49
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Vol.5 pg.50, Law 48: If one sold a Sa’imah in the middle of the year (i.e. in the, , course of the year), and before the year ended, the buyer returned it, due to some defect in it; therefore, if he has returned it on the, command of the Qadi, then the new year for it will not commence,, otherwise the new year count will start from now. Also, if it was gifted, to someone and it was then returned before the end of the year, a new, year will be counted (from the date of return), and this will apply, whether it is returned on the command of the Qadi, or if it was done, personally. [Jauhira], Law 49: If one was in the possession of Khiraji land and after paying, , the Khiraj, if he sold the land, then the Thaman (payment/price) will, be added to the actual Nisaab (amount which he had). [Alamgiri, vol.1,, pg.175], Law 50: If one has in his possession cash, on which he has already, , paid Zakaat, and he then purchased grazing livestock with it, and he, has in his possession animals of the same (Jins) class from before, then, (in this case) he will not mix them (i.e. add them) to those (to calculate, Zakaat, but they will be separate). [Alamgiri, vol.1, pg.175], Law 51: If someone gave a person four thousand rupees as a gift, , (Hibah), and before the year ended, he acquired a further one, thousand rupees, and the one who had initially given him the, (monetary) gift, took it back on the command of the Qadi, then there, is no Zakaat on the newly acquired rupees as well, until a year does, not pass over them. [Alamgiri, vol.1, pg.175/176], , Law 52: If someone has in his possession goats for business purposes,, , which are valued at two hundred dirhams (i.e. they reach the current, Nisaab amount), and before the year ended, one goat died, and even, 50
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Vol.5 pg.51, , before the year ended, he skinned it and cooked (tanned) the skin, (animal hide), then (in this case) the Zakaat is Waajib. [Alamgiri, vol.1,, pg.175/176]. In other words, this will apply if the animal equals to the, value of Nisaab., Law 53: When giving (paying) Zakaat or when separating amounts, , (etc.) for Zakaat, to make the Niyyat (intention for Zakaat) is a, condition. The meaning of Niyyat here is that if someone asks you, about it, then you should immediately without any hesitation be able, to say that it is Zakaat. [Alamgiri, vol.1, pg.170], , Law 54: If one was giving out Khayraat (optional charity) for the, , entire year, and only now he makes Niyyat saying that whatever I, have given is Zakaat, then (in this case) it is not valid, i.e. it is not, discharged. [Alamgiri, vol.1, pg.170], Law 55: If he (the owner of the Nisaab) appointed someone as his, , Wakil (Agent) and when handing over (the Zakaat) to him, if he did, not make the Niyyat of Zakaat, but the Muwakkil (i.e. the one who, gave the Zakaat), made the Niyyat of Zakaat when the Wakil had given, it to the Faqeer (deserving person), then (in this case) it is regarded as, being discharged. [Alamgiri, vol.1, pg.171], , Law 56: If when giving it (Zakaat) one did not make Niyyat for it, but, , he made the Niyyat afterwards, then if that cash (or goods) etc. is still, in the possession of the Faqeer, (in other words, it is in his financial, control), then this Niyyat is sufficient, otherwise not. [Durr-eMukhtar, vol.2, pg.14], , 51
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Vol.5 pg.52, Law 57: If one appointed someone as a Wakil (agent) and he handed, , the amount (etc.) over to the Wakil with the Niyyat of Zakaat, but the, Wakil did not make the Niyyat of Zakaat when giving it to the Faqeer,, it is still regarded as being discharged. Similarly, if the Zakaat amount, was given to a Zimmi (i.e. an unbeliever who is the responsibility of a, Muslim State), asking him to hand it over to a Faqeer, and he made the, Niyyat whilst giving it to the Zimmi (to discharge it for him), then this, Niyyat is sufficient. [Durr-e-Mukhtar, vol.2, pg.14], , Law 58: When handing it over to the Wakil if one said that it is Nafil, , Sadaqa (optional charity) or Kaffarah (compensation amount), but, before the Wakil handed it over to the Faqeer, he (the owner) made, the Niyyat of Zakaat, (then in this case) it will be regarded as Zakaat,, even if the Wakil gave it to the Faqeer with the Niyyat of Nafil or, Kaffarah. [Durr-e-Mukhtar, vol.2, pg.14], Law 59: If one person was made the Wakil (the agent) of many, , Zakaat payers, and he has mixed all their Zakaat together, he will have, to give ‘Tawaan’ (a claim against him, i.e. damages/compensation),, and whatever he has given to the Faqeers, is now simply a, contribution, in other words, he will not receive any compensation, from the owners (of the Zakaat) or from the Faqeers. However, if, before he gave it to the Faqeers (insolvent person / legal recipient of, Zakaat), the owners permitted him to mix (all their Zakaat, collectively), then he is not liable for the Tawaan. Similarly, if the, Faqeers have also made him the Wakil of receiving their Zakaat, and, he mixed it, then he is not responsible for Tawaan, but at that time it, is important to note that if he is the Wakil of only one Faqeer, and he, receives Zakaat from few places, to the extent that when it is all put, together it adds up to the amount of Nisaab, so now the one who, knowingly gives him Zakaat, his Zakaat will not be discharged., 52
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Vol.5 pg.53, , Alternatively, in the case where he is the Wakil of few Faqeers, and he, received such a sum of Zakaat that the share of every (Faqeer) reaches, the threshold of Zakaat, then in this case, it is impermissible to give, Zakaat to that Wakil. For example, if he is the Wakil of three Faqeers, and he received six hundred Dirhams (i.e. three times whatever is the, threshold of Zakaat currently, as two hundred dirhams has been given, as an example, as it used to be the stipulated threshold at that time),, meaning that the share of every (Faqeer) is two hundred Dirhams, which is the Nisaab, and if he received less than six hundred Dirhams,, then in this case none of them have received equal to the threshold of, Zakaat. Alternatively, if every Faqeer made him his Wakil, independently, then in this case the collective amount will not be, taken, but what will be seen is how much each one of them received, (independently). In this situation, it is impermissible to mix them, together without the permission of the Faqeers, but if he mixes them,, the Zakaat will still be discharged, and he will give Tawaan to the, Faqeers, but if he is not the Wakil of the Faqeers, then it can be given, to him, no matter how many Nisaabs are kept collectively by him., [Raddul Muhtar, vol.2, pg.14/15], Law 60: For the trustees of numerous Waqf bodies to mix the income, , of one (body) into that of the other is not permissible. Similarly, ‘a, Dalaal’ (i.e. a broker) is not permitted to mix the money of Thaman, and that of sales together1. Similarly, if financial assistance was sought, for few Faqeers (i.e. more than one), then it is impermissible to mix, them up without their permission., ________________________________________________________________________, 1: In other words, for the broker to mix the amount of a purchased item, or the purchased, commodity together., , 53
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Vol.5 pg.54, , Likewise, it is impermissible for the one who grinds flour to mix the, peoples wheat (i.e. if many people have given him wheat to grind),, except at some place where to do this is the ‘Urf,’ i.e. the accepted, norm, as in such a place to do this is permissible, and in all these cases,, he will give Tawaan. [Khania], Law 61: If the Muwakkils (those who appointed him an agent) did, , not extrinsically (i.e. clearly) give permission for him to mix them up, together, but the norm to do so is such that the Wakils mix them up,, then this too will be regarded as (a form of) permission, on condition, that the Wakil is aware of this norm. However, a broker is not, permitted to mix them, because for this, there is no norm. [Raddul, Muhtar, vol.2, pg.14], , Law 62: The Wakil has the choice (right) of giving the amount of, , Zakaat to his son or wife, if they are Faqeer (deserving of Zakaat), and, if the son is Na-Baaligh, then in order to give it to him, the Wakil, himself must qualify as a Faqeer. Additionally, he is only permitted to, give this to his son or wife, if with the exception of them, the, Muwakkil (i.e. the one who appointed him the Wakil) has not, stipulated a particular person to whom he should give it (the Zakaat), to, otherwise if he has, he cannot give it to them. [Raddul Muhtar,, vol.2, pg.14/15], , Law 63: The Wakil does not have the free will (i.e. option) to take it, , for himself, unless the one who has given the Zakaat says to him that, he may utilise it wherever he wishes to, (then it in this case) he can, take it. [Durr-e-Mukhtar, vol.2, pg.15], , 54
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Vol.5 pg.55, Law 64: If the one giving the Zakaat did not order him to do so (i.e. to, , pay the Zakaat on his behalf), but he gave it by himself, the Zakaat is, not discharged, even though he has now permitted it. [Raddul Muhtar,, vol.2, pg.14], , Law 65: If the one giving the Zakaat gave the Zakaat money to the, , Wakil and the Wakil kept it, and he gave his own money to pay the, Zakaat, then this is permissible. If his intention is that in lieu of this I, will take the money of the Muwakkil, and if the Wakil first spent that, money, and then gave his money to fulfil the Zakaat, the Zakaat has, not been discharged. However, this will be regarded as merely being a, contribution, and he will give Tawaan to the Muwakkil. [Durr-eMukhtar, Raddul Muhtar, vol.2, pg.15], Law 66: The Wakil of Zakaat has the free will (i.e. the option) to make, , another person Wakil (The Responsible Agent) without the permission, of the Maalik (owner). [Raddul Muhtar, vol.2, pg.15], Law 67: If someone said, ‘If I enter into this house, then for the sake, , of Allah I have to give this hundred rupees (Rands, dollars etc.) in, Khayraat (charity),’ and he then entered (that house), but when, entering he made the Niyyat that, ‘I will give it as Zakaat, then (in this, situation) he cannot give it as Zakaat.’ [Alamgiri, vol.1, pg.171], Law 68: If one was holding the Zakaat money in his hand and the, , Faqeers grabbed it from his hand and fled, the Zakaat has been, discharged. Alternatively, if it fell from his hand and the Faqeers, picked it up, then if he recognises him (as being a rightful recipient), and is fine with this, and the money was not wasted, it will be, discharged. [Alamgiri, vol.1, pg.183], , 55
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Vol.5 pg.56, Law 69: If that which has been entrusted to a person who is in a, , position of trust (An Ameen) is lost, and he gives some money to the, owner to eliminate any contention, and in doing so if he made the, intention of Zakaat, and the owner is also a Faqeer, the Zakaat will still, not be valid (i.e. not discharged). [Alamgiri, vol.1, pg.171], Law 70: By simply separating (keeping aside) the amount (or goods), , with the Niyyat of Zakaat will not absolve one of this responsibility,, until he does not give it to the Faqeers (i.e. to the rightful recipient),, so much so, that if that amount is depleted, the Zakaat will not be, waived. Alternatively, if he dies, that money (which he kept aside) will, be regarded as part of the inheritance to his heirs. [Durr-e-Mukhtar,, Raddul Muhtar, vol.1, pg.15], , Law 71: On completion of the year, if one gave all his Nisaab away as, , Khayraat (optional charity), even if he did not make the Niyyat of, Zakaat, but rather he made the Niyyat (intention) of Nafil, or if he did, not make any Niyyat, the Zakaat has been fulfilled. However, if he, gave all away to Faqeers and he made the Niyyat of Man’nat, (fulfilment of a vow) or some other Waajib Niyyat, then giving it away, is allowed. However, he is still liable for the Zakaat because it has not, been waived, and if he only gave a portion of the wealth as Khayraat,, then the Zakaat for that portion has not been waived, but he is still, liable for its payment. Alternatively, if all of his wealth has been lost,, then the Zakaat for all of it has been waived (i.e. it is maaf and he is, not liable for its payment), and if a portion of it was lost, then the, Zakaat for the lost portion is waived and the Zakaat on the remaining, wealth is Waajib, even if it is not equal to the threshold of Zakaat., Being lost means that it was lost without his own doing; for example,, it was stolen, or if had given a loan or lent it to someone and he, refuses (to pay it) and there are no witnesses to this, or if he died and, 56
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Vol.5 pg.57, , did not leave behind anything in his estate. However, if it is something, caused by his own doing; for example, if he spent it, or if he threw it, away, or if he gifted it to a wealthy (solvent) person (to a non-Faqeer), then (in this case) the Zakaat is still Waajib upon him as normal. A, single cent will not be waived, even though he is now completely, insolvent. [Alamgiri, vol.1, pg.171; Durr-e-Mukhtar, vol.2, pg.15], Law 72: If the Faqeer owed someone, and he pardoned (wrote off), , the entire loan, the Zakaat has been waived (on that amount), and if, he pardoned (wrote off) a portion, then the Zakaat for that portion is, waived, and if in this case he makes the Niyyat that all should be, included as Zakaat, then this will not counted. If he was owed by a, solvent person, and he pardoned all of it, the Zakaat is not waived, but, he is still responsible (for its payment). If a Faqeer owed him and he, pardoned all of it, and made a Niyyat that, ‘This is the Zakaat for what, such and such person owes me,’ then in this case the Zakaat will not, be discharged. [Alamgiri, vol.1, pg.171; Durr-e-Mukhtar, vol.2,, pg.15/16], Law 73: If someone owed a person some money and he asked a, , Faqeer to collect it from that person, and then made the Niyyat of, Zakaat for this, then after the Faqeer takes it into his possession the, Zakaat is discharged. If the Faqeer owes him some money, and he, wishes to give this money as Zakaat for his capital, in other words, he, wishes to pardon it and so that it should become the Zakaat for his, Maal (i.e. capital on which he is liable for Zakaat), then this cannot be, done., ________________________________________________________________________, Note: In this entire translation, solvent or wealthy person will refer to one who is owner of, Nisaab and insolvent will refer to one who is not the owner of Nisaab, i.e. the faqeer. [Razvi, Noori], , 57
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Vol.5 pg.58, , However, he may give him his Zakaat amount (or goods etc.) and he, may take from that whatever is owed to him, and if he refuses to pay, (what is owed), he may take hold of his hand and snatch it (that, amount which is owed to him). Alternatively, if he is not able to get it, back even in this manner, he should present a case before the Qadi,, saying that he is in possession of it (i.e. the said amount), but is, refusing to pay. [Durr-e-Mukhtar, vol.2, pg.16], Law 74: Zakaat money (funds) cannot be used for Burial and Kafan, , etc. of a deceased or for constructing a Masjid, because in this case the, (condition of) ‘Tamleek-e-Faqeer’ (making an insolvent Muslim owner, of the Zakaat) is non-existent. If one wishes to spend for these, purposes, then the manner to do so, is to make the Faqeer the Maalik, (owner of the Zakaat), and he should spend (i.e. give) it (for this good, purpose), and by doing so, both will receive Thawaab (reward) for it. It, has been mentioned in the Hadith that if Sadaqa (charity) passes, through a hundred hands, then all will receive the same Thawaab, (reward), as the one who initially gave it, and there is no shortage in, his reward. [Raddul Muhtar, vol.2, pg.16], , Law 75: To give Zakaat openly, by announcing it is ‘Afdal’ (more, , virtuous), and to give Nafil Sadaqa secretly is Afdal (more virtuous)., [Alamgiri, vol.1, pg.171]. The reason for it being (Afdal) to announce, the Zakaat contribution is that by giving it secretively, it causes, people to falsely accuse you or have misconceptions (that you did not, pay your Zakaat), and announcing it will also encourage and inspire, others (to pay their Zakaat), as they will see you doing this, and they, too will attempt to do so. However, it is very important that there, should be no boasting in this, because the Thawaab (reward) will be, lost, and this (boasting) is really a sin, and the one who does this, is, deserving of punishment., 58
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Vol.5 pg.59, Law 76: When giving (i.e. paying) the Zakaat, it is not necessary to, , mention to the Faqeer that it is Zakaat, but simply making Niyyat of, Zakaat is sufficient. If when giving it to him one says that it is a gift or, that it is a loan, but one makes the Niyyat of Zakaat, then the Zakaat is, still discharged. [Alamgiri, vol.1, pg.171]. Similarly, if one gave the, money saying that it was a present, or money to buy Paan (betel leaf), or for sweets for the children, or Eidi (Eid gift), it will still be, discharged. There are some needy people who are not comfortable, with taking Zakaat money (even though they are deserving of it), so if, they are told that it is Zakaat, they will not accept it, thus you should, (in this situation) not mention (to them) the word Zakaat., , Law 77: If one did not discharge his Zakaat and has now become ill,, , then (in this case) he should give it secretively by (hiding) this from, his heirs. Alternatively, if he had not given it as yet and now wishes to, give it, but he has no money to do so, and he wishes to take a loan to, pay (the Zakaat), then in this situation if he is certain (i.e. there is, predominant likelihood) that he will be able to pay off the loan, then it, is better for him to take the loan and pay off the Zakaat. Otherwise, he, should not do so, because in this regard the rights towards the, servants (people) is more intense compared to the rights towards, Allah. [Raddul Muhtar, vol.2, pg.17], Law 78: A Maalik-e-Nisaab may pay (his Zakaat) even before the, , completion of the year, on condition that he is still the owner of that, amount of Nisaab at the completion of the year. Alternatively, if at the, completion of the year, he did not remain Maalik-e-Nisaab, or if that, capital (i.e. amount) of Nisaab was completely lost during the course, of the year, then whatever he gave (in the beginning) will be counted, as Nafil, and one who is not the owner of Nisaab cannot give Zakaat. In, other words, if in future he becomes the owner of Nisaab, then, 59
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Vol.5 pg.60, , whatever he gave before this will not be deducted (calculated) from, his Zakaat. [Alamgiri, vol.1, pg.172], Law 79: If a Maalik-e-Nisaab wishes to pay the Zakaat for few Nisaabs, , in advance, he may do so. In other words, if he is the owner of one, Nisaab at the beginning of the year, and he gave the Zakaat of two or, three Nisaabs, and at the completion of the year he became the owner, of as many Nisaabs for which he already paid the Zakaat, then the, Zakaat for all has been fulfilled. Additionally, if until the completion of, the year he remained the owner of only one Nisaab, and he acquired, more only after the completion of the year, then this Zakaat will not, be deducted from it. [Alamgiri, vol.1, pg.176], , Law 80: A Maalik-e-Nisaab can also pay the Zakaat for few years in, , advance. [Alamgiri, vol.1, pg.176]. Hence, it is advisable that one, should give a little at a time towards payment of Zakaat, and at the, end of the year one should do the calculation, and if the Zakaat has, been fully discharged, then well and good, and if there is some, shortage, then it should now be immediately paid, without any delay,, because delaying (payment of Zakaat) is impermissible. It is also not, allowed (once it is due) to pay a little at a time, but whatever is the, shortfall should be paid immediately, and if one paid a bit more, then, it should be included in the Zakaat of the following year., Law 81: If a person is the owner of one thousand and he gave Zakaat, , for two thousand with this Niyyat (intention) that, if by the, completion of the year, I acquired another one thousand, then this is, the Zakaat for that, otherwise it will be taken into account (i.e., deducted) from the Zakaat of the following year, then to do so is, permissible. [Alamgiri, vol.1, pg.176], 60
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Vol.5 pg.61, Law 82: If one is under the impression that he has five hundred, , rupees, and thus gave the Zakaat for five hundred rupees (Rands /, dollars etc.), but later he realises it was only four hundred, then, whatever he gave extra, he may calculate and deduct from the next, year. [Khania], Law 83: If a person has both gold and silver, and before the, , completion of the year, he gave the Zakaat for one of them, then it is, regarded as the Zakaat for both (i.e. towards payment for Zakaat of, both as they are from the same type). In other words, if in the middle, of the year (i.e. in the course of the year) one of it was lost, even if it is, the one for which he intended the Zakaat, this then becomes the, Zakaat for that which is remaining. Alternatively, if he has cows, goats, and camels all to the value of Nisaab, and in the beginning he already, paid the Zakaat for one of them, then in this case it is the Zakaat of, what he intended to pay it for, and not for the others. In other words,, if he intended the Zakaat for one thing (i.e. cows) and in the course of, the year its Nisaab was depleted, it will not be counted as being the, Zakaat for the others (i.e. for the goats and camels). [Alamgiri, vol.1,, pg.172], , Law 84: If a Faqeer who was given Zakaat in the course of the year, , became solvent at the completion of the year or if he died, or if (Allah, forbid) he became a murtad (apostate), this will not affect the Zakaat, in any way. It has been fulfilled., ________________________________________________________________________, Note: In this entire discussion on Zakaat wherever the words ‘completion of the year’ is, mentioned, it refers to completion of a Zakaat year of an individual. For example, if a person, became Saahib e Nisaab (Possessor of Threshold as per Shar’i stipulation) on the 1st of Ramadaan,, then the completion of his year for that Nisaab is the following Ramadaan. This differs for every, person, depending on when he first becomes Saahib e Nisaab. [Razvi Noori], , 61
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Vol.5 pg.62, , If the person on whom Zakaat is Waajib died, the Zakaat is waived, in, other words, it is not necessary to give Zakaat from the wealth (he left, behind)., However, if he made a Wasiyat (in this regard), then the Wasiyat, (bequeath) can be fulfilled from one-third of his wealth, and if the, sane adult heirs agree, then the Zakaat can be paid from his entire, wealth. [Alamgiri, vol.1, pg.176], Law 85: If one has a doubt as to whether he gave Zakaat or not, then, , in this case he should give it now. [Raddul Muhtar, vol.2, pg.17], , 62
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Vol.5 pg.63, , ZAKAAT ON SA’IMAH, (GRAZING LIVESTOCK), Sa’imah, refers to that animal (livestock) which is left to graze freely, for most of the year, and the aim is to only acquire its milk and to, breed (i.e. take) its offspring, or to fatten it. [Tanweer, vol.2, pg.20], If one brings home grass (hay) to feed it, or if the aim is to keep it (the, animal) to carry loads, or for ploughing (etc.) or for any other such, work, or to use it for riding, then in this case even if it spends its time, grazing, it will not fall under the category of a Sa’imah, and Zakaat on, it is not Waajib. Similarly, if it is kept to use its meat for eating, it is, not Sa’imah, even though it may graze in the open (pastures etc)., Likewise, an animal which is for trade purposes (business purposes), is, also not counted as being Sa’imah, but its Zakaat will be paid based on, its price (value). [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.20], Law 1: If it grazes (freely) for six months and is fed hay for six, , months, it is not counted as Sa’imah, and if the intention was to feed it, hay or to use it for some work, but one did not do this, and the year, was completed, then the Zakaat on it is Waajib. Alternatively, if it was, for trade (business) purposes, and it was kept grazing for six months, or more, then until one does not make the Niyyat that it is Sa’imah,, simply leaving it to graze (freely) will not qualify it as a Sa’imah., [Alamgiri, vol.1, pg.176/177], Law 2: If it (the animal) was purchased for trade purposes, and was, , then made Sa’imah, the time of Zakaat is calculated from that time, (when it was intended as Sa’imah), and not from the time when he, purchased it. [Durr-e-Mukhtar, vol.2, pg.21], 63
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Vol.5 pg.64, Law 3: If before the completion of the year, the Sa’imah was sold in, , exchange of something, then if this commodity is something on which, Zakaat is Waajib, and he did not have the Nisaab of that thing from, previously, then the Zakaatable year for that commodity will, commence from that time (when it came into his possession). [Durr-eMukhtar, vol.2, pg.21], Law4: There is no Zakaat on an animal which is made Waqf (i.e. a, , Shar’i endowment), and on horses used for Jihad. Similarly, there is no, Zakaat on a blind animal or an animal whose fore or rear legs are cut, off (severed). However, if a blind animal lives on grazing, (Zakaat) on, it is Waajib. Likewise, if there is shortage in the Nisaab, and one has a, blind animal, that if adding it (to his assets) it will complete the, Nisaab, then the Zakaat is Waajib. [Alamgiri, vol.1, pg.177/178; Shaami,, vol.2, pg.21], Zakaat is Waajib on three types (i.e. categories) of animals, on, condition that they are Sa’imah:, 1. Camels, 2. Cows (Cattle), 3. Goats (sheep fall in same category), Hence, the remaining rules will be explained after explaining their, Nisaab in detail., , 64
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Vol.5 pg.65, , ZAKAAT ON CAMELS, It is in Sahihain (i.e. Bukhari & Muslim) from Abu Sa’eed Al Khudri ؓ◌, that Rasoolullah ﷺsaid, ‘There is no Zakaat on less than five camels.’, The detailed explanation of this is present in that Hadith of Sahih, Bukhari, which is reported by Hazrat Anas ؓ◌., Law 1: Zakaat is not Waajib on less than five (5) camels, and when one, , has more than five (5) (camels), but less than twenty-five (25), then for, every five (5), one (1) goat is Waajib (as Zakaat). In other words, for, every five camels (below twenty-five) is one (1) goat, and if one has, ten (10) camels then it is two goats (as Zakaat), based on this analogy., [General Books, Alamgiri, vol.1, pg.177], Law 2: The goat (sheep) given as Zakaat must not be less than a year, , in age. One may give a buck/billy (i.e. male goat) or a doe/nanny (i.e. a, female), the choice is his. [Raddul Muhtar, vol.2, pg.22], , Law 3: That which is between two Nisaabs is ‘Afu’ (absolved, i.e. not, , Zakaatable), in other words, there is no Zakaat on that. For example, if, one has seven or eight camels, the Zakaat is still one goat. (Meaning, that if it is between five and ten it is still one goat. It will only become, two after it reaches ten). [Durr-e-Mukhtar, vol.2, pg.22], Law 4: If one has twenty-five (25) camels then he will give (in Zakaat), , one (1) Bint Makhadh, in other words, a baby she-camel which has, reached one year of age and is in its second year. This ruling is, applicable for up to thirty-five (35), meaning one Bint Makhadh will be, given. If one has thirty-six (36) to forty-five (45) camels, then the, Zakaat is one Bint Labun, meaning a baby she-camel which has, 65
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Vol.5 pg.66, , reached the age of two years, and is in its third year. For forty-six (46), to sixty (60) camels, one must give one ‘Hiqqah’, meaning a shecamel which has already reached the age of three and is in her fourth, year. For sixty-one (61) to seventy-five (75) camels, one must give one, Jaz’ah, meaning a four year she-female camel, which is in its fifth year., For seventy-six (71) to Ninety (90) camels, one must give two Bint, Labun. For ninety-one (91) to one hundred and twenty (120) camels,, he must give two Hiqqah. Thereafter for up to one hundred and fortyfive (145), one will give two Hiqqah, and for every further five (5) one, will give one (1) goat. For example, for one hundred and twenty-five, (125) camels, he will give two (2) Hiqqah and one (1) goat, and for one, hundred and thirty camels (130), he will give two (2) Hiqqah and two, (2) goats, and so on and so forth, based on this analogy. Then, for one, hundred and fifty (150) camels, he will give three (3) Hiqqah. If he has, more than this, then he will do as he did in the beginning, meaning for, every five (5), he will give one (1) goat, and for every twenty-five (25), he will give one (1) Bint Makhadh, and for every thirty-six (36) he will, give one (1) Bint Labun. This is the ruling for up to one hundred and, eighty-six (186), and actually right up to one hundred and ninety-five, (195). In other words, for this many he will give three (3) Hiqqah and, one (1) Bint Labun. Then, for one hundred and ninety-six (196) to two, hundred (200), is four (4) Hiqqah, and he also has a choice of giving, five (5) Bint Labun. Then, after two hundred (200), the same system, will be used which is the system used after one hundred and fifty, (150), meaning for every five (5), is one goat, for twenty-five (25) is, one (1) Bint Makhadh, for thirty-six (36) is one Bint Labun., ________________________________________________________________________, Note: In other words, for one hundred and thirty-five camels are two Hiqqah and three goats, in, one hundred and forty are two Hiqqah and four goats, and in one hundred and forty-five are two, Hiqqah and one Bint Makhadh. [Durr-e-Mukhtar, vol.2, pg.23], , 66
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Vol.5 pg.67, , Then from two hundred and forty-six (246) up to two hundred and, fifty (250), is five (5) Hiqqah, and the rest is based on this analogy., [General books, Durr-e-Mukhtar, vol.2, pg.22/23], Law 5: In (paying) the Zakaat on camels, when a one year, two, three, , or four year old baby camel is given, it is necessary that it should be a, she-camel (i.e. female). If a he-camel (i.e. male) is given, then it should, be equal to the value of a she-camel, if not it will not be taken (i.e. it, will not be accepted as payment)., , 67
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Vol.5 pg.68, , ZAKAAT ON COWS (CATTLE), Abu Dawud, Tirmizi, Nasa’i and Daarimi report from Muadh ibn Jabl ؓ◌, that when Nabi Kareem ﷺappointed and sent him as the Governor of, Yemen, He ﷺsaid (to him), ‘For every thirty cows (cattle) take one, ‘Tabee’ or ‘Tabee’a and for every forty take out one Musin or, Musin’na.’, A similar Hadith is mentioned in another narration of Abu Dawud, from Ameer ul Mo’mineen Maula Ali �م اﷲ وﺟہہand in that narration it is, also mentioned that there is no Zakaat on work animals (i.e. animals, used for work purposes like carrying loads etc.)., Law 1: If there are less than thirty (30) cows, then Zakaat is not, , Waajib (compulsory, i.e. payable) on them, and when one has full, thirty (30) cows, then the Zakaat for them is one (1) Tabee’, meaning a, one-year old calf (male i.e. bull), or one (1) Tabee’a meaning a oneyear old calf (female i.e. cow). For forty (40) cows, the Zakaat is one (1), Musin, in other words, a two-year-old calf (male, i.e. bull) or one (1), Musin’na, meaning a two-year-old calf (female, i.e. cow). This rule, applies for up to fifty-nine (59). Then for sixty (60) cows, the Zakaat is, two (2) Tabee’ or two Tabee’a. Then for every thirty (30) thereafter, there is one (1) Tabee’ or one (1) Tabee’a, and for forty (40) there is, one (1) Musin or Musin’na. For example, in seventy (70) there is, (Zakaat of) one (1) Tabee’ and one (1) Musin, and in eighty (80) are two, (2) Musin, and thereafter based on this same analogy. In which there, can be both thirty (30) and forty (40), one has the choice of either, giving the Tabee’ or the Musin in Zakaat. In other words, in one, hundred and twenty (120), one has the choice of either giving four, Tabee’ or three Musin. [General Books, Durr-e-Mukhtar, vol.2, pg.24], 68
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Vol.5 pg.69, Law 2: A water-buffalo (i.e. which is called ‘Bhens’ in the Indo-Pak, , sub-continent) falls within the same ruling (i.e. category) as cows. If, one has both cows and water-buffalos, they will be combined in, (calculating) Zakaat. For example, if one has twenty (20) cows and ten, (10) buffalos, Zakaat has become Waajib. Whey paying their Zakaat,, the calf of the one which is more in number will be taken. In other, words, if the cows are more, the calf will be taken from the cows and if, the water-buffalo are more in number, then it will be taken from the, water-buffalos. If neither is more in number, chose the one which is of, medium quality, i.e. not as good as the best quality, but one which is, better than the lowest quality. [Alamgiri, vol.1, pg.178], , Law 3: One has a choice when dispensing the Zakaat of cows and, , water-buffalos. He may either pay the Zakaat using a male or a female,, but it is Afdal (more virtuous) to give a female calf if the cows are, more, and if the bulls are more, then a male calf should be given., [Alamgiri, vol.2, pg.178], , 69
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Vol.5 pg.70, , ZAKAAT ON GOATS, It is in Sahih Bukhari Shareef from Anas ؓ◌ that when Siddique e, Akbar ؓ◌ appointed and sent him to Bahrain, he wrote the obligations, of Sadaqa (charity) which were stipulated by Rasoolullah ﷺ. In it is, also the Nisaab of goats, that neither an old female goat, nor a, defective goat, nor a male goat should be taken. However, if the, Musad’diq (one who is collecting the Sadaqa, i.e. Zakaat) wishes to,, then he may accept (i.e. take) these. Also, due to the fear of (paying, Zakaat), neither should the individual ones be combined, and nor, should the combined be separated., Law 1: If one has less than forty (40) goats, then the Zakaat is not, , Waajib, and if one has forty (40) goats, the Zakaat for it is one (1) goat,, and this is the ruling for up to one hundred and twenty (120). In other, words, for up to one hundred and twenty (120) goats, the Zakaat is one, (1) goat, and if one has one hundred and twenty one (121) goats, then, the Zakaat is two (2) goats. In two hundred and one (201), the Zakaat is, three (3) goats; in four hundred (400), the Zakaat is four (4) goats, and, thereafter, there is one (1) goat on every one hundred (100) goats, and, whatever is between the two Nisaabs is exempted. [General Books,, Durr-e-Mukhtar, vol.2, pg.25], Law 2: In Zakaat, one has the option of either giving a male goat or a, , female goat, whichever it may be, it should not be younger than one, year in age. If it is less (than one year in age), then it will be given, according to the value. [Durr-e-Mukhtar, vol.2, pg.25], , Law 3: Sheep are considered in the category of goats, so if the Nisaab, , is not completed by one, the other can be mixed to make up the, Nisaab, and it can be given as Zakaat as well, but it should not be, 70
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Vol.5 pg.71, , younger than a year old (i.e. if there are thirty-eight goats and two, sheep available, you can combine the sheep with the goats, to make up, the Nisaab of forty). [Durr-e-Mukhtar, vol.2, pg.25], Law 4: In animals, the lineage is from the mother, so if a young is, , born from a buck and a goat, then the child will be considered to be, from the goats, and if there is one animal short in completing the, Nisaab (of the goats), then this young will be mixed with them to, complete the count. If the young is from a male goat and a deer, then, this will not be done. Similarly, if the young are the offspring of a, female white antelope1 and an ox, it will not be counted as a cow., However, if it is from a male white antelope and from a cow, it is, counted as a cow. [Alamgiri, vol.1, pg.176], Law 5: Those animals on which Zakaat is Waajib should be at least a, , year old. If all of them are younger than a year old, then the Zakaat is, not Waajib (on them), but if even one of them is a full year old, then, all of them will be counted according to that one, and Zakaat will, become Waajib. For example, if one purchased forty young goats that, are each less than a year in age, then from the time of purchase until, they reach a year, there is no Zakaat on them, because at that time, they did not qualify to be counted for Nisaab, but the year will be, counted from the moment the first one of them reaches a full year in, age., , ________________________________________________________________________, 1: White Antelope is also known as the Asian Antelope, and commonly known as the Nilgai., [Razvi Noori], , 71
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Vol.5 pg.72, , Similarly, if he (the owner) already had in his possession goats which, equal the Nisaab, and after six months passed, they had forty young, ones, and the goats then diminished (in number) and only the young, were left, then now on completion of that year, these young ones do, not qualify in Nisaab, so the Zakaat on them is not Waajib. [Jauhira], Law 6: If a person has camels, cattle and goats, but all of them are less, , than the Nisaab, or if some are less in Nisaab, then in this case they, will not be mixed (with the others) to complete the Nisaab, and the, Zakaat will not be Waajib. [Durr-e-Mukhtar, vol.2, pg.46, etc.], Law 7: In (paying) Zakaat, the average animal (i.e. the average sized, , animal) will be taken. One should not pick and take the best (quality, animal). However, if he has all good animals, then this should be, taken. A pregnant animal and the one which has been fattened for, eating purposes should not be chosen. Neither should that female be, chosen which is suckling its young. A male goat should not be taken., [Alamgiri, vol.1, pg.177; Raddul Muhtar, vol.2, pg.30], , Law 8: If one does not have the animal of the age which is Waajib, , upon him to give, but he has an animal which is older than that, he, should give that away, and take in return whatever is extra. However,, it is not Waajib upon the person who is collecting the Sadaqa (Zakaat), to accept it. If he does not accept it and he demands the animal which, is Waajib on him, or if he asks for its value, then he has a choice in this, matter. If one does not have the animal of the age which is Waajib, upon him, but he has younger than that, then he should give that, away (as Zakaat) and whatever is less, he should give the value of it, or, he can give the amount of that animal which is Waajib upon him. He, may do either of the two. [Alamgiri, vol.1, pg. 177], 72
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Vol.5 pg.73, Law 9: There is no Zakaat on horses, donkeys and mules, even if they, , are kept grazing. However, if they are kept for business purposes, then, in this case their value (amount) must be calculated and one-fortieth, must be given in Zakaat (i.e. 2.5 %). [Durr-e-Mukhtar, vol.2, pg.25/26, etc.], , Law 10: There is no Zakaat on that which is pardoned (exempted), , between two Nisaabs. In other words, if after the completion of a year,, if that which is in-between (i.e. the exempted number) is even lost, it, will not make any impact or difference on the Zakaat, and if after it, (Zakaat) becomes Waajib, if the Nisaab is lost, then even the Zakaat for, this falls away (i.e. is waived). Also, the loss will first go towards that, which is pardoned, and if something remains after this, then it will be, from the Nisaab which is similar to it. Additionally, if it is still, remaining (i.e. if is still due), then it will be from that Nisaab which is, similar, and so on and so forth, based on this analogy. For example, if a, person had eighty goats and forty died, so even now one goat is still, Waajib (as Zakaat), because the next forty after the initial forty is, exempted. If from forty camels fifteen died, then one Bint Makhadh is, Waajib, because in forty, four are exempted, so this will be subtracted,, and thereafter is the Nisaab of thirty-six, and even that is not, sufficient, so eleven more should be subtracted, then twenty-five will, remain, thus the ruling in this case is of one Bint Makhadh, and it is, this which will be given (as Zakaat). [Durr-e-Mukhtar, Raddul Muhtar,, vol.2, pg.27, etc.], Law 11: If two goats are Waajib in (payment of) Zakaat, but if one, , gave one fat goat which in value is equivalent to two (average) goats,, then the Zakaat is fulfilled. [Jauhira], , 73
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Vol.5 pg.74, Law 12: If on completion of a year, if the Maalik e Nisaab himself, , destroyed his Nisaab, the Zakaat will not be waived. For example, he, did not give the animals’ food and water and they died, then in this, case he will still have to pay the Zakaat. Similarly, if someone owed, him money and the person who owes him is wealthy (solvent), and, after completion of a year, if he forgave the debt, then this is also, regarded as destroying your own Nisaab, so he will still have to give, Zakaat. However, if he was insolvent (poor) and he forgave the debt,, then in this case the Zakaat is waived. [Durr-e-Mukhtar, vol.2, pg.50], , Law 13: After the year has ended (i.e. after completion of the Nisaab, , year), if a Maalik e Nisaab gave a loan, or gave something on loan or if, he sold the trade goods in lieu of trade goods, and the one whom he, has given this to has rejected this (i.e. he is saying it never happened),, and he (the Maalik) now has no evidence (to prove this), or if he died, and did not leave behind any inheritance (i.e. estate), then this does, not fall within the category of destroying it (i.e. self-loss). Hence, the, Zakaat has fallen away (i.e. it is now waived); alternatively, if after the, completion of the year (Nisaab year), he sold the trade goods in lieu of, non-trade goods, meaning the item which he took in lieu of it, was not, for a business purpose; for example, he bought a slave for his services,, or clothes to wear, or if he sold a Sa’imah in exchange for a Sa’imah,, but the person is refusing this (i.e. he says the sale never happened),, and he also has no witnesses (to this sale), or if he died and did not, leave behind any inheritance, then this too is not counted in the, category of being destroyed (i.e. lost), but it is something in which he, caused the loss, so the Zakaat in this is Waajib. If on completion of the, year (Nisaab year), he gave the trade goods as Mahr (Dowry) to his, wife, or if a woman took Khula from her husband in lieu of her Nisaab,, Zakaat must still be given. [Durr-e-Mukhtar, Raddul Muhtar, vol.2,, pg.28/29], 74
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Vol.5 pg.75, Law 14: He had Rupees/Ashrafis (i.e. money) in his possession over, , which a year has passed, but he has not given the Zakaat on it as yet,, and in exchange for that he purchased some item for business, and, that item is lost (i.e. he incurred loss), then in this case the Zakaat is, void, unless he bought it at such a high price, that due to such loss,, people will not purchase it, then the extra amount which he paid, over, and above its actual price will still be Zakaatable and the Zakaat for, that will not fall away, because in this case he actually caused the loss., If it is not intended for business purposes; for example, if he bought a, slave for serving him and he died, then the Zakaat on that amount, (money) will not be void. [Raddul Muhtar, vol.2, pg.28], Law 15: If the Muslim Ruler (even though he may be unjust or a, , dissident) takes the Zakaat of the Sa’imah, or if he collected the Ushr,, and he used it for the appropriate purpose, then there is no need to, repay it. Alternatively, if it was not used for the appropriate purpose,, then it must be repaid, and if he collected Khiraj, then there is, absolutely no need to repay it. [Durr-e-Mukhtar, vol.2, pg.32], Law 16: If the Sa’imah was sold in front (i.e. in the presence) of the, , ‘Musad’diq’ (one who collects the Sadaqa/Zakaat), then the Musad’diq, has the choice of taking from it the amount which is for Zakaat, and in, this case the sale will be complete. Alternatively, if he wishes he may, take that animal which is Waajib (in Zakaat), and the animal which he, took at that time will cause the sale to become ‘Bai’ Baatil’ i.e. an, annulled sale (i.e. an improper sale) for him (i.e. for the buyer). If the, Musad’diq was not present there, but he arrived after both of them, (i.e. the buyer and the seller) have left the ‘Majlis Al Aqd’ (i.e. the, session of the contract i.e. sale), then in this case he is not permitted, to take the animal. He should now take the value of the animal which, is Waajib (as Zakaat). [Alamgiri, vol.1, pg.181], 75
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Vol.5 pg.76, Law 17: If one sold grain on which Ushr (one tenth is due) is Waajib,, , then in this case the Musad’diq has the right, to either demand the, price of it from the ‘Baa’i,’ i.e. the seller or he may take that amount of, grain from the ‘Mushtari,’ i.e. the buyer. This will apply whether the, transaction took place in the presence of the Musad’diq, or whether, he arrived after they separated. [Alamgiri, vol.1, pg.181], , Law 18: If there are eighty goats (80), then one (1) goat is for Zakaat., , It cannot be such that they are made into two flocks of forty each, and, then two goats are taken as Zakaat, and if two separate persons have, forty goats each, then it is not allowed to put them together as one, flock and then take only one goat as Zakaat. One will be taken from, each of them as Zakaat (for his forty). Similarly, if one person has forty, goats and the other person has thirty nine, then nothing will be taken, from the one who has thirty nine goats. In brief, neither will that, which is a single flock be separated, and nor will individual flocks be, combined. [Alamgiri, vol.1, pg.181], Law 19: Partnership in an animal does not influence the Zakaat, no, , matter what category it may be. If the share of each one of them (the, partners) is equal to the Nisaab, then both will have to give their full, Zakaat for which they are liable, as this is Waajib. If the share of one of, them is equal to the Nisaab and the share of the other is not; for, example, if one has forty (40) goats and the other has thirty (30) goats,, then the one who has forty (40) goats must give one (1) goat as Zakaat, and the other will not give any Zakaat. Alternatively, if neither of, them has equivalent to the Nisaab, but if the animals are put together,, it will make up the Nisaab, then in this case there is no Zakaat on, either of them. [Alamgiri, vol.1, pg.181], , 76
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Vol.5 pg.77, Law 20: If eighty-one (81) people are partners in eighty (80) goats, in, , a manner whereby one person (from amongst them) has a share of, half (i.e. a fifty percent share) in every goat (sheep), and for the other, half of every goat, different individuals are the owners (to each of this, half share), so all his (the first person’s) shares put together equals, forty (40 goats), and all (the rest) of them are only shareholders of half, a goat each, then none of them (i.e. the owners of only half share, each) will be liable for its Zakaat. [Durr-e-Mukhtar, vol.2, pg.47], , Law 21: If Zakaat is paid on those animals which are shared, then, , each person is liable according to his share, and whatever has been, paid more than the share, should be recovered from the partner. For, example, if one has forty-one (41) goats and the other person has, eighty-two (82) goats. The total of all the goats is one hundred and, twenty-three (123), and if two (2) goats were taken out as Zakaat,, meaning one (1) goat was taken from each, but because one is the, shareholder of one-third, and the other is shareholder of two-thirds., Hence, in every goat, two-thirds of the two-third shareholder has, gone (as Zakaat), the total of which is one-third and one goat., Additionally, in every goat one-third of the one-third shareholder has, gone (as Zakaat), which in total is two-thirds, and one goat is Waajib, upon him (as Zakaat). Therefore, the two-thirds shareholder is, allowed to take one-third from the one-thirds shareholder. If there are, eighty (80) goats and in them, one person is a two-third shareholder,, and the other is a one-third shareholder, and if one goat was taken as, Zakaat, then the shareholder of one-third, may recover the value of, one-third of the goat, from his partner, as the Zakaat is on not Waajib, upon him (on that one-third). [Raddul Muhtar, vol.2, pg.47], , 77
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Vol.5 pg.79, , He ﷺsaid, ‘That which reaches the threshold on which Zakaat must, be paid, and the Zakaat has been paid (for it), is not ‘Kanz’.’, Hadith 5: Imam Ahmed reports from Asma bint Yazid on the merit, , of it being a Hasan narration, that she said, ‘My aunt and I presented, ourselves before Nabi Kareem ﷺ, and we were wearing gold bangles, (bracelets). He ﷺasked, ‘Have you paid its Zakaat?’ We said, ‘No.’ He, ﷺsaid, ‘Do you not fear that Almighty Allah will make you wear, bangles of fire? Pay its Zakaat!’’, Hadith 6: Abu Dawud reported from Samurah bin Jundub, , that, Rasoolullah ﷺwould command us to pay Zakaat for that which we, have acquired for trade purposes., ؓ◌, , Law 1: The Nisaab (threshold) of gold is 20 Mithqal, in other words,, , seven and a half Tola (7 ½ Tola of gold) and two hundred dirhams of, silver, in other words, fifty-two and half Tola (52 ½ Tola of silver). In, other words, this refers to that Tola, which according to the current, rupee (i.e. in the time or Sadrush Shariah) is 11 ¼ Masha. When, dealing with gold and silver, the Zakaat is calculated by weight, and, not by price (i.e. credence is not given to price of the item). For, example, if one has made jewellery or a container which weighs 7 Tola, in gold or less, and due to its design and crafting its price exceeds two, hundred dirhams (i.e. more than 52 ½ Tola of silver in value), or if the, price of gold is more expensive, and the value (price) of less than 7 ½, Tola exceeds the price of two hundred dirhams, just as nowadays, the, price of 7 ½ Tola of gold will make many Nisaabs of silver. What is, meant by this, is that if the weight does not add up to the Nisaab (i.e., the threshold stipulated for weight of gold and silver), Zakaat will not, be Waajib, no matter what the price (value) may be. Similarly, if in, payment for Zakaat of gold if one gave something in gold, and in, 79
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Vol.5 pg.80, , payment for Zakaat of silver, one gave something in Silver, then even, in this case, it will not be based on its price but on its weight, even, though a lot of crafting went into it, thereby inflating its price., Alternatively, let us assume that silver is selling at ten Aana1, and one, gives one rupee in Zakaat, which is counted as 16 Aana, then in paying, the Zakaat, it will be understood that one gave 11 ¼ Masha in silver., The six Aana or slightly more which is extra in the price, is wasted., [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.38-40], Law 2: This which has been mentioned that there is no credence, , given to price (i.e. value) in the payment (calculation) of Zakaat, is, only applicable in the case when the Zakaat of that item is being paid, for with the same type of item (i.e. gold with gold and silver with, silver etc.). However, if the Zakaat of gold is being paid for with silver,, and the Zakaat of silver is being paid for with gold, then it will be, based on the price. For example, in payment for the Zakaat of gold, if, one gave some item in silver which is worth one Ashrafi, then it will, be regarded as payment of one Ashrafi, even though in weight it is not, even worth 15 rupees. [Raddul Muhtar, vol.2, Pg.41], Law 3: If gold and silver are equal to the Nisaab (i.e. the stipulated, , threshold) then the Zakaat on it is one-fortieth, be they in their, original form (i.e. gold and silver), or if they are in form of coins, such, as Ashrafis (etc.), or if they are items made from them (i.e. from gold, or silver), be this if their use is permissible, such as jewellery for, females, or a silver ring with one stone for a male which does not, ________________________________________________________________________, 1: An Aana was a currency unit formerly used in India, equal to 1/16 rupee. It was subdivided, into 4 Paise or 12 Paais (thus there were 64 paise in a rupee and 192 paais). The term belonged to, the Muslim monetary system. The Aana is not commonly used since India decimalised its, currency in 1957. [Razvi Noori], , 80
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Vol.5 pg.81, , exceed 4 ½ Masha in weight, or gold or silver buttons which are not, attached to chains. Alternatively, even if their usage is impermissible,, such as gold and silver vessels (utensils), watches1, Surmah (collyrium), holders (containers), or a Surmah applicator, the use of which is, Haraam for both males and females; or gold and silver ring (without, stone) for men, or jewellery (for men), or gold rings (for men), or, more than one ring (for men), or a ring with numerous stones (for, men). In other words, no matter what it may be (be it permissible or, not) Zakaat is Waajib on all such items. For example, if one has 7 ½, Tola of gold, then 2 Masha in Zakaat is Waajib, or if one has 52 Tola 6, Masha of silver, then the Zakaat is 1 Tola, 3 Masha and 6 Ratti.2 [Durre-Mukhtar, vol.2, Pg.41, etc.], Law 4: With the exception of gold and silver, any other thing which is, , meant for trade, and the value of which reaches the Nisaab of gold and, silver, then Zakaat is also Waajib on this. In other words, one-fortieth, of the price (2.5%), and if the value of these items does not make up, the Nisaab amount, but with the exception of such items, one also has, gold and silver as well, then the value of those items will be combined, with the value of the gold or (and) silver. Additionally, if all added, together makes up the value of Nisaab, then Zakaat is Waajib on it, and, the value of the item should be counted in the currency which is most, commonly used in that place, just as the Rupee is most commonly, used in India, so it will be valued based on the Rupee., ________________________________________________________________________, 1: Watch here does not mean women cannot wear gold or silver watches, but it means if worn, not as jewellery but as apparel, it is not permitted., 2: The weights, Tola, Masha and Ratti are being used as it was the weight measure in the time of, Sadrush Shariah. As per present weight system, all that we need to understand is that one will, pay Zakaat of 2.5 % on the money, item or items which have reached the threshold of Zakaat., , 81
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Vol.5 pg.82, , Also, if at any place the currency is both in silver coins and gold coins,, then in this case one has the choice of counting it in either of them,, but in the case when it is calculated in cash (money) it does not reach, the Nisaab amount but if it is calculated in Ashrafis (i.e. gold) it, reaches the Nisaab, or vice versa, then in this case the value is based, on the one through which Nisaab is reached. If the Nisaab is reached, through both, but in one, with the exception of Nisaab, one-fifth part, of the Nisaab is more, and this is not the case in the other one, then, the value will be calculated based on that calculation which is equal to, one Nisaab and one-fifth. [Durr-e-Mukhtar, vol.2, pages 41/42, etc.], Law 5: If one has valuables more than the Nisaab (threshold), then if, , this extra is one-fifth of the standard Nisaab, then Zakaat on this is, also Waajib. For example, if one has two hundred and forty dirhams,, meaning 63 Tola silver (as per the time of Sadrush Shariah), then it is, Waajib to pay Zakaat of 6 Dirhams, meaning 1 Tola 6 Masha and 15 Ratti, must be added. In other words, after 52 Tola and 6 Masha, on every 10, Tola 6 Masha, 3 Masha 1 15 Ratti must be added. Alternatively, if one, has 9 Tola gold, then it is 2 Masha 5 35 Ratti, meaning after 7 Tola and 6, Masha, on every 1 Tola and 6 Masha, 3 35 Ratti must be added, and if it, does not reach the 15 amount, it is exempted. In other words, if there is, even one Ratti less than 9 Tola of gold, then Zakaat is (only) Waajib on, that 7 Tola and 6 Masha. In other words, (the Zakaat) is 2 Masha., Similarly, if the silver is even one Ratti less than 63 Tola then the, Zakaat which is Waajib, is only on that (initial) 52 Tola and 6 Ratti and, that is 1 Tola 3 Masha and 6 Ratti. Similarly, whatever is more after, the one-fifth portion, then if that is also one firth portion, then onefortieth of that is Waajib, otherwise it is exempted, and so on and so, forth based on this analogy (and system). The same ruling is on, merchandise for trade. [Durr-e-Mukhtar, Vol.2, Pg.43], 82
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Vol.5 pg.83, Law 6: If there is alloy mixed with gold or silver, and the gold or, , silver is more, then (all of it) will be counted (calculated) as gold or, silver, and Zakaat will be Waajib on all of it. Similarly, if the alloy is, equal to the gold or silver, then Zakaat is still Waajib on it. However, if, the alloy (i.e. its quantity) is more than the gold or silver, then it is not, regarded as gold or silver. However, there are few scenarios here; if, the (quantity) of gold or silver found in it, is such that if separated, then it will reach the Nisaab (the threshold), or if it (by itself) does not, reach the Nisaab (threshold), but if one has with him other valuables, that if this is added to it, then it will make up the Nisaab, or if it is, something which is used as ‘Thaman’ (i.e. the price/value of, something), and its value reaches Nisaab, then in all these cases, Zakaat is Waajib. If none of these scenarios are found, and if it is, intended for trade, then with the conditions of trade, it should be, regarded as trade goods, and if its value is equal to Nisaab by itself, or, if it adds up to the Nisaab amount after being combined with other, things, then Zakaat on it is Waajib, otherwise not. [Durr-e-Mukhtar,, Vol.2, Pg.43/44], Law7: If gold and silver have been mixed together, then in this case if, , the gold is more (in quantity), it will be regarded as gold., Alternatively, if both are equal, and the gold reaches the standard, Nisaab, either by itself or after being mixed with the silver, it will still, be regarded as gold. If the (quantity of) silver is more, it will be, regarded as silver, and if it reaches the Nisaab, Zakaat will be paid on, it as silver, unless there is such an amount of gold in it which is more, than the price (value) of the silver, then in this case, all of it will be, counted as gold. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, Pg.43], , 83
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Vol.5 pg.84, Law 8: If one has both gold and silver and both reach the complete, , standard Nisaab, then in this case it is not necessary to pay the Zakaat, by counting the gold as silver or silver as gold, but the Zakaat of each, is Waajib separately. However, if the one paying the Zakaat wishes to, pay the Zakaat of both, with one thing, then he has the choice of doing, so, but in such a case it is Waajib, that he should calculate it at the rate, of that thing which is more beneficial to the Faqeers (i.e. the, recipients of Zakaat). For example, in India, the common currency is, the Rupee which is used more than the Ashrafi (i.e. gold coin), so in, this case one will use the price of silver and calculate the Zakaat, and, give the silver as Zakaat (i.e. in those days the Rupee coins were, silver), and if from both (i.e. gold and silver) neither one reaches the, standard Nisaab, then in this case, he should assume and convert, silver to the value of gold and gold to the value of silver and mix them., Alternatively, even after mixing them together, if it still does not, reach the standard Nisaab, then there is nothing (i.e. no Zakaat on, them). If one adds silver to the value of gold, in silver, it reaches the, standard Nisaab, and if one adds gold converted to the value of silver,, to the gold, it does not reach the standard Nisaab, or vice versa, then it, is Waajib to do that in which the standard Nisaab is reached. If the, standard Nisaab is reached by both methods, then one has the choice, to do as he wishes, except if through one method the Nisaab is inflated, by one-fifth, then in this case, it is Waajib to use the Nisaab which is, inflated by one-fifth. For example, if one has 26 ¼ Tola silver and one, has 3 ¾ Tola gold, then if 3 ¾ Tola of gold comes to (the same value of,, i.e. buys) 26 ¼ Tola of silver, and if the (value) of 26 ¼ Tola silver comes, to (the same value of, i.e. buys) 3 ¾ Tola of gold, then one may regard, the gold as silver or the silver as gold, but if one gets 37 Tola silver in, lieu 3 ¾ Tola of gold, and for 26 ¼ Tola silver, one does not get 3 ¾ Tola, gold, then in this case it is Waajib to regard the gold in the counting of, silver, because in this way the standard Nisaab is reached. Also, it, 84
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Vol.5 pg.85, , actually inflates to one-fifth more, and in that (other method) even, the standard Nisaab is not reached. Similarly, if each of them is, slightly more than the Nisaab, then if the extra is one-fifth of the, standard Nisaab, then Zakaat must be given on that (extra) as well,, and if the extra in each is less than one-fifth of the standard Nisaab,, then both should be mixed, and even after being mixed, if they still do, not reach one-fifth of the Nisaab of any of them, then there is no extra, (Zakaat) on the this extra. Alternatively, if both reach the Nisaab or, one-fifth (more) of the standard Nisaab, then one has the choice,, except in the case when one (of them) reaches the full standard Nisaab, and the other reaches one-fifth of the standard Nisaab, then in this, case one should use that method which reaches the standard Nisaab., Alternatively, if one (of them) reaches Nisaab or the one-fifth, and the, other does not, then it is Waajib to do that in which Nisaab or onefifth of Nisaab is reached. [Durr-e-Mukhtar, Raddul Muhtar, Vol.2,, pg.45/46, etc.], Law 9: When money is used as common currency and is in, , circulation, and it is equal to the value of two hundred dirhams or 20, Mithqal (i.e. it is equal to the current standard Nisaab 52 ½ Tola of, Silver or 7 ½ Tola of Gold), then Zakaat on that is Waajib, even if it is, not for trade purpose. Alternatively, if that currency is redundant (not, in use anymore), then unless it is not used for trade purposes, Zakaat, on it is not Waajib. [Fatawa Qaari Al Hidaya]. Zakaat on notes is also, Waajib, for as long as they are common and in circulation as this too is, regard as ‘Thaman e Istilahi1’, and the ruling is the same as any (other), money (i.e. coins)., , ________________________________________________________________________, 1: In other words, it is Thaman, which in reality is ‘Mata’ (i.e. goods), but the terminology of the, people has made it Thaman., , 85
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Vol.5 pg.86, Law 10: The Zakaat regarding the amount which is owed1 to you by, , someone, and (the rulings as to) when Zakaat becomes Waajib on it,, and when it is regarded as paid, is in three categories:, Dayn e Qawi, , The first category is if it (i.e. the amount owed to you, i.e. the debt) is, ‘Dayn e Qawi’ (i.e. a secure loan), such as a loan which in common, terms is also called ‘current loan’ or a ‘short term loan,’ and it is the, ‘Thaman’ of merchandise (trade goods). For example, if one bought, goods with the intention of trade, and he sold it on credit to someone,, or if it is the rent of something intended for business purposes. For, example, if one purchased a house (building /warehouse etc.) or land, with the intention of business, and he has rented it to someone to live, in, or to use it for cultivation etc., then if this rent is owed to him, it, will be regarded as Dayn e Qawi (secure), and the Zakaat on Dayn e, Qawi, as long as it is still owed, will be Waajib (i.e. due) year after year., However, it is only Waajib to pay it, when one-fifth of the standard, Nisaab amount is already received. Actually, only the Zakaat on that, amount is Waajib (due), which has already been received. In other, words, if one receives forty dirham (i.e. the amount equal to one fifth, of the current Nisaab amount) then he must pay one dirham in Zakaat,, and if he received eighty dirhams, then he will pay two dirhams, and, so on and so forth based on this analogy (and system)., , ________________________________________________________________________, 1: Here, ‘Dayn’ The amount owed does not absolutely refer to a debt, but it refers to every such, ‘Maal’ (form of wealth), which for whatever reason, the liability for which a person is regarded, responsible., , 86
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Vol.5 pg.87, , Dayn e Mutawas’sit, The second category is Dayn e Mutawas’sit (i.e. a partially secure, loan). Dayn e Mutawas’sit is when some entity which is not for trade, purposes is transformed. For example, if one sold the grains which, were meant for home use, or a horse which is used for (personal), transport, or the slave who is for your service, or any other item, which is from Haajat-e-Asliyah (a person’s basic essentials), and the, amount is still owed by the buyer. Then in this case, Zakaat will only, be necessary when one receives and has possession of two hundred, dirhams (i.e. the amount which is equal to the current standard, Nisaab). Likewise, if he received the ‘Dayn’ of a testator, as inheritance, (i.e. that which was owed to the testator was passed over to him), even, though it was in lieu of trade goods, then in this case, after the heir, receives two hundred dirhams (i.e. the amount which is equal to the, current standard Nisaab) and after a year passes since the death of the, testator, to give Zakaat (on this) will be necessary., Dayn e Da’eef, The third category is Dayn e Da’eef (An Insecure Loan), meaning that, which is in lieu of other than ‘Maal’ (valuables / merchandise), such as, Mahr (Dowry), Badal e Khula (Exchange payment for Khula), Diyat, (Blood money), Badl e Kitaabat (Exchange for Freedom of a slave), or if, one bought a house or shop without the intention of selling it (i.e. not, for trade), and its rental is owed by the tenant, then to give Zakaat on, this will only be Waajib (i.e. it will only be due) once a year passes, after having possession of the standard (current) Nisaab., Alternatively, if one has some Nisaab of that same type of thing, and, its full year comes to completion, then Zakaat on it is Waajib., , 87
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Vol.5 pg.88, , If one only receives the Dayn e Qawi and Dayn e Mutawas’sit after, many years has passed, then the Zakaat of the past year which he was, responsible for, will be added to the account of the next year on that, same amount. For example, Amr owed Zaid three hundred dirhams in, Dayn e Qawi, and after five years, he received less than forty dirhams, (i.e. less than 1/5 of the Nisaab amount), then there is no Zakaat due, on that, and if he received forty dirhams (i.e. 1/5), then he must pay, one dirham (as Zakaat). Now he has 39 dirhams remaining (as he has, paid one dirham from the forty dirhams as Zakaat), which is now, regarded as less than one-fifth of the standard Nisaab, thus the Zakaat, of the past years is not Waajib upon him as yet. If the amount being, owed was three hundred dirhams which is Dayn e Mutawas’sit, then, unless he does not receive two hundred dirhams, he is not liable to, pay anything (as Zakaat on it), and after five years if he received two, hundred dirhams, then twenty-one dirhams is Waajib on him. For the, first year it was five (dirham), so now for the second year it will be one, hundred and ninety-five, and from it, thirty-five (dirhams) which is, less than one-fifth (of the standard Nisaab), is exempted, so he, remains with one hundred and sixty (dirhams), and from it, four, dirhams is Waajib (as Zakaat). Then in the third year, one hundred and, ninety-one dirhams is left (because he was left with one hundred and, fifty-six dirhams plus the thirty five dirhams which was exempt in, year two due to it being less than the extra one-fifth. Hence, in the, third year he has one hundred and ninety-one dirhams) and even, from that (one hundred and ninety-one) four dirhams (Zakaat) is, Waajib. In year four, one hundred and eighty-seven dirhams are left,, and in year five, one hundred and eighty-three dirhams remained, and, even for them, four dirhams for each (year, i.e. for the fourth and fifth, year) is Waajib as Zakaat. Therefore, all in all, it is Waajib to pay, twenty-one dirhams (in Zakaat for all five years). [Durr-e-Mukhtar,, Raddul Muhtar, vol.2, pg.47/50], 88
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Vol.5 pg.89, Law 11: If the year of Nisaab was already active before the Dayn, , (loan/amount owing to you), then the amount which is owed by, someone in the course of that (Zakaatable) year will also be counted as, the same year, which was already running (i.e. active) from before,, and not from the time of the loan. Alternatively, if before that loan,, the (Nisaab) year of that particular entity was not already active, then, it will be calculated from the time of the loan (Debt which is owed to, you). [Raddul Muhtar, vol.2, pg.49], , Law 12: If someone owes you an amount which is regarded as Dayn e, , Qawi or Dayn e Mutawas’sit, and the debtor dies, then the Wasiyat of, the Zakaat for that debt at the time of his death is not necessary (upon, him), because that Zakaat was not really Waajib (due) to pay (at that, time). Also, the Zakaat upon the heir will only be applicable when a, year passes after the death of the Testator, and after he receives forty, dirhams in Dayn e Qawi (i.e. one-fifth of Nisaab), and two hundred, dirhams in Dayn e Mutawas’sit (i.e. the amount equal to the full, standard Nisaab). [Raddul Muhtar, vol.2, pg.49], Law 13: After a full year, if the creditor pardons the debt (or loan, , etc.), or before the completion of the (Zakaatable) year, he gave the, Zakaat amount away as a gift, the Zakaat has been waived. [Durr-eMukhtar, vol.2, pg.50], , Law 14: If a woman received her dowry (Mahr) amount, and after a, , year passed, the husband gave her Talaaq without having intercourse, with her, then she will have to return half the Mahr, and Zakaat is, (still) Waajib on the full amount. The Zakaat on this amount received, by the husband will be Waajib (due) on him after a year passes over it,, from the time of receipt. [Durr-e-Mukhtar, vol.2, pg.50], 89
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Vol.5 pg.90, Law 15: If a person acknowledges that a certain person owes me, , (some amount), and he has also given it to him, but after a year both, of them say that there was no debt (i.e. nothing was owed), then, Zakaat is not Waajib upon any one of them (for this). [Alamgiri, vol.1,, pg.182]. However, what is obvious is that, this is in the case when he, had assumed that there was a debt, because if he makes this excuse, simply to have the Zakaat waived, then he will be held accountable in, the Court of Allah., Law 16: After a year passes on trade goods (i.e. merchandise), Zakaat, , on it is due as per its current value, but the condition is that at the, beginning of the year it should not have been worth less than two, hundred dirhams (i.e. it should not be less than that of the standard, current Nisaab). If it (the merchandise) is made up of different, entities, then the value of all put together should either make the, equivalent of 52 ½ Tola of silver, or 7 ½ Tola of gold. [Alamgiri, vol.1,, pg.179]. In other words, this is when he has only these valuables, (merchandise etc.); and if with the exception of this, he still has gold, or silver (or gold and silver), then he should combine altogether., Law 17: After a year has passed, if grain or any other trade goods to, , the value of two hundred dirhams (i.e. Nisaab) is in your possession,, but the (market) rate of the said item has fluctuated (gone up and, down), then if one wants to give Zakaat from that, then he should give, one-fortieth (i.e. 2.5 %) of whatever was its value on that day., ________________________________________________________________________, * Here ‘Dayn’ does not only refer to the absolute loan, but it refers to every such valuable, which, for whatever reason is Waajib upon a person (to pay)., * In this section, the ‘Dayn’ (loan) refers to the debt which is owed to you., , 90
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Vol.5 pg.91, , Alternatively, if one wishes to give something else equal to its value, (in Zakaat), then that value must be used, which was applicable on the, day which marked the completion of its (Zakaatable) year. If that, object was wet on that day when it’s (Nisaab) year was completed, but, it has now become dry, then too the same value will be used (which, was on the day when the year completed). Also, if it was dry on that, day, but today it has become wet, then the value of today will be, taken. [Alamgiri], Law 18: The price (value) must be calculated based on the place, , (location) where the goods are being kept. If the goods are in the, wilderness (unpopulated place), then it will be calculated based on its, values at the populated locality which is closest to it. [Alamgiri, vol.1,, pg.180]. It is obvious that here such merchandise are being referred to,, which cannot be bought (i.e. sold), in the wilderness. However, if the, buyer does go into the wilderness (to buy such things), such as wood,, and those things which grow there, then for as long as the, merchandise are kept there, the price (value) of it will be according to, that place (location)., , Law 19: If one has ‘Degs’ (Pots) which one gives out on rent (i.e. on, , hire), then there is no Zakaat on those pots, and the same applies to, houses which are on rent (i.e. there is no Zakaat on that actual, property which is on rent). [Alamgiri], , Law 20: If one has a horse business, and he purchases cloth which is, , used on the back of the horse, or if he buys reigns and ropes etc. for it,, so that it may be used for the safety of the horse, then there is no, Zakaat on these. However, if he bought it so that the horse may be, sold with all these items, then there is also Zakaat on them as well. If a, baker bought wood to cook (bake) bread, or if he bought salt to add to, 91
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Vol.5 pg.92, , the bread, then there is no Zakaat on them, but if he purchased, sesame seeds to sprinkle on the bread, then the Zakaat on the sesame, seeds is Waajib. [Alamgiri, vol.1, pg.180], Law 21: If a person gave his house on rent for three years, at a rental, , income of three hundred dirhams per annum, and he has nothing else, (on which to pay Zakaat), and whatever comes as rental, he keeps it, aside (i.e. he saves it), then after eight months pass, he will become, the owner of Nisaab, because the rentals of eight months will add up, to two hundred dirhams (i.e. to the standard current Nisaab in this, scenario). Hence, from today, his Zakaat year has commenced (i.e. one, year from now the Zakaat will be due), and on completion of the year,, he will give Zakaat on five hundred dirhams, because the rental for, twenty months equals to five hundred dirhams (i.e. for the 12 months, of the Zakaat year, plus the initial 8 months rental). Now if another, year passes thereafter, then he will give Zakaat on eight hundred, dirhams, but for the first year’s Zakaat, he will give twelve and a half, dirhams less. [Alamgiri] Actually in eight hundred dirhams, Zakaat, will be Waajib on forty dirhams less, because there is no Zakaat on less, than forty dirhams, as that is exempted., Law 22: A person has only one thousand dirhams and he has no, , other wealth (i.e. capital etc.). He has taken a house on rent for one, hundred dirhams per year, for ten years, and he has given the, complete payment (in advance) to the owner of the house, so in the, first year he will give Zakaat on nine hundred dirhams, because the, one hundred dirhams has gone as the rent for the year. In the second, year, he will give Zakaat on eight hundred dirhams, but in actual fact, from the Zakaat of the first year he will subtract twenty two and a half, dirhams from the eight hundred dirhams (as twenty-two and a half, dirhams was the Zakaat he already paid in the first year from that, 92
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Vol.5 pg.93, , amount) and then pay Zakaat on the balance. Similarly, every year he, will subtract one hundred (for the rental of that year) and the Zakaat, amount that he paid the previous year, and then pay Zakaat on the, balance. Further, if the owner of the house has no other valuables,, except for that one thousand, then for two years, he is not liable for, any Zakaat (i.e. because only after two years will he be the owner of, 200 dirhams being the standard Nisaab). Now, after two years pass, he, is the owner of two hundred (i.e. whatever is the standard Nisaab),, and at three years he will give the Zakaat on three hundred dirhams., Likewise every year, he will pay on a hundred more, but this will be, after deducting the Zakaat paid for the past years, so Zakaat will be on, whatever is Waajib thereafter. In the same manner, if a person gave a, handmaid to him to the value of the rent, Zakaat is not Waajib on the, tenant, but the owner of the house is still liable, as he would be in the, case of (being paid in) dirhams. [Alamgiri, vol.1, pg.182], Law 23: If for businesses purposes one purchased a valuable slave for, , two hundred dirhams who was worth two hundred Dirhams, and the, payment was made to the seller, then in this case if he has not as yet, taken possession of the slave, and a year has passed, and the slave dies, at the place of the seller, then both the buyer and the seller are liable, for Zakaat on two hundred dirhams each. Alternatively, if the slave, was worth less than two hundred dirhams, and the buyer purchased, the slave for two hundred dirhams, then the seller will give Zakaat on, two hundred dirhams and the buyer is not liable for anything., [Alamgiri, vol.1, pg.182], , 93
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Vol.5 pg.94, Law 24: If one sold a slave meant to serve, for one thousand and he, , also collected the payment, then after one year it was ascertained that, the slave has some defect, and the slave was thus returned, be this on, the order of the Qadi, or if he took him back on his own free will, he, will give Zakaat on one thousand. [Alamgiri, vol.1, pg.182], , Law 25: In place of money, if one gave food, grain or clothing etc. to, , a Faqeer (Zakaat recipient), and in doing so he made him the Malik, (owner) of it, the Zakaat will be fulfilled. However, its Zakaat must be, based on the price or value of that item which is the current market, rate. Additional costs, such as the amount which was paid to a, labourer to carry it from the marketplace, or if he brought it in from, the village, then the transportation costs and levies etc. should not be, deducted. Alternatively, if the item was cooked and given, then the, price of cooking and the wood etc. (used for cooking) should not be, deducted. It will be calculated based on what that cooked item costs in, the market. [Durr-e-Mukhtar, Alamgiri, vol.1, pg.179], , 94
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Vol.5 pg.95, , THE AASHIR, (I.E. THE CUSTOMS OFFICER), Law 1: An Aashir is one whom the Badsha e Islam (i.e. Muslim King /, , Ruler) has appointed on the road to collect the dues (i.e. duties) from, traders (merchants etc.) who pass by with commodities. The condition, for an Aashir is that he should be a Muslim, Hur (free-man), nonHashmi, and he should have the power and ability to protect the, wealth (or commodities) from thieves and bandits. [Bahr, Shaami,, vol.2, pg.51/52; Alamgiri, vol.1, pg.183], , Law 2: If a traveller who is passing through says that one year has, , not elapsed as yet on the commodities which he is currently carrying, and on whatever he has at home; or if he says that he did not make the, Niyyat (intention) of trade (business) in it, or if he says that the, commodities are not his, but have been kept in trust in Mudharabat,, (then) on condition that it does not bear such a profit, that his share, (in the Mudharabat) reaches Nisaab. Alternatively, if he says that he is, an labourer (i.e. an employee of the owner), or Mukatib or Mazoon, or, if he simply says, that there is no Zakaat due on these commodities,, even though he may not mention the reason for this, or if he says that,, I am in debt which is equivalent to these commodities, or it is of such, an amount that if I deduct it, the standard Nisaab will not remain, or if, he says that he has already paid the dues to another Aashir, and the, one whom he says that he paid is really an Aashir. And even this, Aashir knows that the said person who is being mentioned is also an, Aashir, or if he says that he already paid the Zakaat to the legal, recipients (Faqeers) in the city, and he also takes an oath to the effect, of his statement, then his word will be taken. There is no need to ask, him for any receipt (i.e. proof of payment), because a proof of, payment could also be fake, and sometimes in forgetfulness one does, 95
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Vol.5 pg.96, , not take a receipt, and at times it gets lost, and even if he does, produce a receipt and the name of the Aashir which is on it does not, match the name which he mentions, he will simply be asked to take an, oath and his word will be accepted. However, after few years pass by,, it is established that he has lied; then the Zakaat will (now) be, collected from him. [Alamgiri, vol.1, pg.183; Raddul Muhtar, vol.2,, Pg.53/54], Law 3: If a year has not as yet elapsed on the commodities which he, , has, but a year has passed on what he has at home, and those, commodities can be combined to these commodities, then in this case, his word will not be taken. Likewise, if he claims having paid the dues, to an Aashir, whom he (this Aashir) does not know, or if he says that, he gave the Zakaat to some bud-mazhab (deviant), or he says that he, did not give it to the legal recipients (i.e. the Faqeer) in (his) city, but, he went out of the city to give it to someone, then in all these cases his, word will not be taken. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.53], His word will not be taken (i.e. will not be accepted as, reliable) in the case of Sa’imah or Amwal al Baatina (hidden wealth)., In those cases, wherein the word of a Muslim is regarded as, acceptable, in such cases even the word of a Zimmi Kaafir (i.e. a nonbeliever living under the legal protection of the Muslim Empire) will, be regarded as acceptable, except for the case where he says that he, has given it to the Faqeers in the city, because in this case, his word, will not be taken. [Durr-e-Mukhtar, vol.2, pg.54], Law 4:, , Law 5: The word of a Harbi Kaafir (a non-zimmi, i.e. unbeliever in a, , non-Muslim State) is not regarded as reliable at all, even if he presents, witnesses to support what he is saying. However, if he claims that a, slave girl is Umme Walad (a female slave who gave birth to a child, 96
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Vol.5 pg.97, , accepted by her master as his offspring), or if he says that the slave is, his son, and his age is such that he can be regarded as his son, or if he, says that he has given them to someone else, and the one whom he, claims to have given them to is present there, then in such issues,, even the word of a Harbi will be accepted. [Durr-e-Mukhtar, Raddul, Muhtar, vol.2, pg.55], Law 6: If someone passes by with commodities less than two hundred, , dirhams (in value, i.e. less than the standard Nisaab), then in this case, the Aashir will not collect anything from him (as payment), be he a, Muslim, Zimmi or Harbi, and this is if he knows or not whether he has, more commodities at home. [Alamgiri, vol.1, pg.183], Law 7: He (The Aashir) will collect one-fortieth portion from a, , Muslim, one-twentieth portion from a Zimmi and one-tenth portion, from a Harbi. [Tanweer, vol.2, pg.56]. One-tenth will be collected from, the Harbi only in the case where it is not known how much the Harbis, have collected from Muslims. However, if it is known, then the Harbi, will be charged whatever they (the Harbis) charged the Muslims., However, if the Harbis took all the commodities (merchandise) of the, Muslims, then the Muslims will not take all his commodities, but they, will leave him with enough with which he can reach his destination. If, the Harbis did not charge the Muslims anything, then the Muslims will, also not charge them anything. [Durr-e-Mukhtar, Raddul Muhtar,, vol.2, pg.56], , Law 8: Nothing will be collected from Harbi children and from those, , who are Mukatib, except in the case where the Harbis took from the, Muslim children and Mukatib (a slave who is under bond with his, master to pay for his freedom in instalments, and the slave also, 97
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Vol.5 pg.98, , accepts this), then in this case the Muslims will also charge them., [Durr-e-Mukhtar, vol.2, pg.56], Law 9: If it (i.e. the duty) was collected once from a Harbi, then in, , that same year, it will not be collected from him again, unless after, collecting from him, he went back to the Darul Harb. When he returns, from the Darul Harb, it will be collected from him again. [Tanweer ul, Absaar, vol.2, pg.56], , Law 10: If a Harbi entered the Darul Islam and then went back (to, , Darul Harb), but the Aashir was not aware of this, then if he enters for, the second time, it (i.e. the duty) should not be collected from him for, the first time. However, if he was unaware of the entry and exit of a, Muslim or Zimmi, then if he enters again, he should charge (the duty), for the first time as well. [Durr-e-Mukhtar, vol.2, pg.56/57], , Law 11: If the Malik (Master) of a Mazoon (i.e. licensed or privileged, , slave whose master has permitted him to trade), is accompanying him,, and he is not in such a debt which has immersed him and his wealth,, then the Aashir will take (the duty) from him. [Durr-e-Mukhtar, vol.2,, pg.58], , Law 12: If one passes by the Aashir with such a commodity which will, , easily be spoilt, such as fruits, vegetable (greens), musk-melon, watermelon or milk etc., then even if their value adds up to the standard, Nisaab, the Ushr (one-tenth due on crops) will not be collected from, such persons. However, if there are Fuqara (recipients of the Zakaat), present there, it will be collected and distributed to them. [Alamgiri,, vol.1, pg.184; Durr-e-Mukhtar, vol.2, pg.58], , 98
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Vol.5 pg.99, Law 13: If the Aashir assumed the commodities in excess and he, , collected the Zakaat for it, but later he realised that the commodities, were not of that value, then whatever extra he collected will be, calculated in the next years. If he intentionally took more, then it will, not be calculated in the Zakaat, as this is an injustice. [Khania], , 99
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Vol.5 pg.100, , MINES AND BURIED TREASURE, It is in Sahih Bukhari and Muslim from Abu Hurairah ؓ◌ that, Rasoolullah ﷺsaid, ‘’Khums’ One-fifth is due from mines (and buried, treasure).’, Law 1: If iron, lead, copper, brass, gold, or silver comes out of a mine,, , a one-fifth portion will be taken from it, and the remainder will be, given to the one who acquired it, be this if the one who found it is a, free-man, a slave, a Muslim or a Zimmi, be it a male or female, Baaligh, or Na-Baaligh, and whether the land from which these things were, discovered is a Khiraji (taxed land) or an Ushri land (in which onetenth must be paid). [Alamgiri, vol.1, pg.184], This is in the case when the land does not belong to anyone (i.e. not, owned by any person). For example, it is a forest (jungle/wilderness),, or a mountain. However, if it is owned by someone (i.e. it is, somebody’s property), then all of it will be given to the owner of the, land, and even the one-fifth will not be taken. [Durr-e-Mukhtar, vol.2,, pg.62], Law 2: There is no ‘khums’ one-fifth in turquoise gemstones, rubies,, , emeralds and other gemstones (which are found), (and in) collyrium,, alum, lime, pearls and flowing agents like salt etc. [Durr-e-Mukhtar,, Raddul Muhtar, vol.2, pg. 62/63], , Law 3: If a mine was discovered in a shop or in a house, the one-fifth, , will not be taken. Everything (which was found) will be given to the, owner. [Durr-e-Mukhtar, vol.2, pg.62], , 100
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Vol.5 pg.101, Law 4: If turquoise gemstone, rubies, emeralds and other gemstones, , were buried before Muslim Rule, and they have now been unearthed, (found), then in this case one-fifth will be taken, as it is regarded as, Maal e Ghaneemat (spoils of war). [Durr-e-Mukhtar, vol.2, pg.63], , Law 5: Pearls or anything else, which comes out of the sea (or river),, , even if it is gold which is on the surface of the water, all belongs to the, one who found it, on condition that there is no Islamic insignia on it., [Durr-e-Mukhtar, vol.2, pg.63], , Law 6: Any buried treasure which has Islamic insignia on it, be it, , cash, weapons or household goods etc, will all be counted under the, ruling of lost (i.e. abandoned) property. In other words, it must be, announced in the Masjids and marketplaces for such a period of time, (i.e. for as many days) until such there is predominant likelihood, that, now there is none who is looking for it. Thereafter, it should be given, to the destitute (needy), and if the person (who found) it, is himself a, Faqeer (an insolvent person deserving Zakaat), then he may use it for, himself. If these items have the insignia of kufr, for example; pictures, (i.e. carvings etc.) of idols, or if the name of a kaafir king is written (or, inscribed etc.) on it, then one-fifth will be taken from it, and the rest, will be given to the person who found it. This applies whether he, found it in his own land, or in the land of someone else, or on a lawful, land. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.63], Law 7: If a Harbi Kaafir removed a treasure trove, then nothing will, , be given to him, and whatever he took from it must be taken back, from him. However, if he dug it out on the command of the Muslim, King (Ruler), then whatever was agreed should be given to him., [Alamgiri, vol.1, pg.185], 101
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Vol.5 pg.102, Law 8: If two people worked to unearth a treasure trove, then after, , removing one-fifth, the remainder must be given to the one who, found (discovered) it, even though both of them worked on it in, partnership, because this is regarded as an invalid partnership, (Shirkat e Faasida). Additionally, if in partnership they both found it,, and it is not known how much each one found, then both are equal, partners in it (i.e. 50/50), and in the same case, if one found it and the, other helped (in removing it), then it belongs to the one who, discovered it, and the helper will be paid a wage for his labour. In, addition, if the labourer was employed to remove and search for, treasure, then whatever is unearthed belongs to the labourer. In this, case, the Mustajir (Hirer/ Employer) will get nothing because this is, regarded as Ijaarah e Faasida (An invalid contract). [Raddul Muhtar,, vol.2, pg.64], , Law 9: If there is neither any Islamic insignia nor any insignia of kufr, , on the buried treasure, it will be regarded as being from the time (era), of kufr. [Alamgiri, vol.1, pg.185], , Law 10: Whatever is unearthed from the desert of a Darul Harb, be it, , minerals or buried treasure, one-fifth is not applicable in it. Rather, all, of it will be given to the one who found it. If many people after gaining, an upper hand, removed and brought it, then one-fifth will be taken, from it, as this is regarded as Ghaneemat (Spoils). [Durr-e-Mukhtar,, vol.2, pg.64], Law 11: If a Muslim took refuge in a Darul Harb, and there he, , unearthed buried treasure or a mine from land owned by someone,, then in this case he should return it to the land owner. If he did not, return it and brought it back into the Darul Islam, then he is regarded, as the owner of it. However, this is regarded as illegally acquired, 102
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Vol.5 pg.103, , wealth, and must thus be distributed (amongst the needy), and if he, sold it, then the sale is legal, but it is also regarded as illegally acquired, property for the buyer as well. If he did not enter (the Darul Harb), with refuge, then this property (commodity) is Halaal for him, there is, no need for him to return it, and one-fifth will be taken from it., [Alamgiri, vol.1, pg.185; Durr-e-Mukhtar, vol.2, pg.65], Law 12: The one-fifth is the right of the destitute (Miskeen) which, , the Muslim King (Ruler) should distribute amongst them, and if one, personally gave it to the destitute, it is also permissible to do so. If the, king is informed of this, he should keep it as it is, and he should, authorise its distribution. If he is personally a Miskeen (destitute, person), then he may use for himself as per his need, and if after, removing one-fifth, there is still enough remaining which is equal to, two hundred dirham (i.e. equal to current standard Nisaab), he cannot, now use one-fifth for himself, because he is now not regarded as a, Faqeer. However, if he is a debtor and after deducting the amount for, the debt, he does not remain with the equivalent of two hundred, dirham (i.e. the current standard Nisaab), then in this case, he may use, the one-fifth for his own needs. If he gives one-fifth to his mother,, father or children who are Miskeen, then too it is permissible. [Durr-eMukhtar, Raddul Muhtar, vol.2, pg.65], , 103
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Vol.5 pg.105, , The ruling concerning 1 & 3 is the same; in other words, Ushr (onetenth) must be paid., In India, the lands of the Muslims will not be regarded as Khiraji, until, it is not proven with evidence of the Shariah that a particular land is, (in the category of) Khiraji., There are many cases wherein it will be regarded as Ushri. For, example, if Muslims conquered a place and the land was distributed, amongst the Muslim soldiers, or if the people there became Muslims, themselves, and there was no need to fight a battle. Alternatively, if, there was an unused land that is (already) Ushri, and it was used for, cultivation purposes, or if that unused land was made a field (for, planting) which is equally near or distant from land that is Khiraji and, Ushri, or if that field was irrigated by water which is Ushri, or from, that which is both Khiraji and Ushri. Alternatively, if a Muslim turned, his house into an orchard or field and irrigates it with Ushri water, or, he does so with both Ushri and Khiraji (water), or if a Zimmi Kaafir, purchased an Ushri land, and a Muslim has taken it as Shuf’ah (i.e. on, the basis of the law of pre-emption/amalgamation), or Bai’e Faasid, (illegal sale) has occurred, or due to Khiyar e Shart (Option of, Condition) or Khiyar e Ruyat (Option of Physical Inspection), it was, returned, or because of Khiyar e Ayb (Option of Defect), it was, returned on the order of the Qadi., , ________________________________________________________________________, Note: Bai’e Faasid, Khiyar e Shart, Khiyar e Ruyat and Khiyar e Ayb can be understood by, perusing Bahaar e Shariat Volume 11., , 105
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Vol.5 pg.106, , There are also many cases in which it will be regarded as Khiraji, for, example, if after conquering a place the land was again given to the, people there, out of favour (goodness), or the country was conquered, on the basis of mutual negotiation, or if a Muslim purchased an Ushri, land from a Zimmi, or if a Zimmi occupied a barren land (i.e., wasteland) on the command of the Muslim Ruler, or if a wasteland was, given away to a Zimmi, or if a Muslim inhabits it, and it was close to a, Khiraji land, or if it was being irrigated by Khiraji water. Even if a, Khiraji land is being irrigated with Ushri water, it will still be, considered as being Khiraji., If it (the land) is neither Khiraji nor Ushri. For example, the Muslims, conquered that land and kept (that land) for themselves till Qiyaamat, (i.e. a lifelong ownership), or if the owner of that land has died, and, the land has gone into the property of the Bait ul Maal (Islamic, Treasury). [Durr-e-Mukhtar, vol.3, pg.350-360], Law 1: Khiraj is of two types:, , Khiraj e Muqasama, Khiraj e Muqasama, is that land on which the (Tax) for a portion of, crop from the harvest is fixed, be it half, one-third or one-quarter etc.,, just as Nabi ﷺhad fixed for the Jews of Khaybar., Khiraj e Muaz’zaf, Khiraj e Muaz’zaf, (is that for which) a fixed amount is made, necessary, be it an amount of money; for example, 2 Rupees per, Bigha1, or something else, like Hazrat Farooq e Azam ؓ◌ had specified., [Durr-e-Mukhtar, vol. 3, pg.359], 106
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Vol.5 pg.107, Law 2: If it is known that during the Saltanat e Islamia certain, , amount was fixed as Khiraj, then it is that which should be given,, except in the case of Khiraj e Muaz’zaf. In this case wherever there, are fixed stipulations from Hazrat Umar e Farooq ؓ◌, these should not, be exceeded, and where there is no specification from him, it should, not be more than half of the crop. Similarly, in Khiraj e Muqasama as, well, it should not exceed half of the crop. It is also a condition that, the land should be one which can produce this quantity (of crop)., [Durr-e-Mukhtar, Raddul Muhtar, vol.3, pg. 360/364], Law 3: If that which was fixed during the Saltanat e Islamia is not, , known, then in the places where Hazrat Umar e Farooq ؓ◌ had, stipulated it, then there, that should be paid, and where he did not, stipulate it, then their half should be given. [Fatawa Razviy’yah], , Law 4: Farooq e Azam, , stipulated that for every type of grain per, one Jarib , the due is one dirham and one Sa’ of its crop (grain), and in, melon and watermelon fields, and in vegetables like cucumbers and, brinjal etc. the due amount is 4 dirhams per Jarib. In the thick vines of, grapes and Khurmah (dates like fruit), in which (other) crops cannot, be grown, the due is ten dirham, and this (also) depends on the, capacity of the land and the capability of the owner. Credence is not, given to what he grew, but it will be seen what that land is able to, grow, and if this person has the capability to grow that, then he will, pay the Khiraj according to that. For example, if grapes can grow, there, then he will pay the Khiraj for grapes, and if it is good for, wheat, then he will give the Khiraj for wheat, even if he grows barley, on it., ________________________________________________________________________, 2, , ؓ◌, , 1: Bigha is a measure used in old days, and is equal to about 14400 square feet., 2: Jarib is a land measure as mentioned above by Sadrush Shariah Alaihir Rahma, , 107
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Vol.5 pg.108, , The measurement of one Jarib according to the British yard is, 35, yards in length, and 35 yards wide, and one Sa’ is equivalent to a full, 286 Rupees currently (i.e. 3 kg 149.28), and ten dirhams is 12 Aana, and 9 35 Paai, and five dirhams is 6 Aana and 4 45 Paai, and one Dirham is, Paai.2 [Durr-e-Mukhtar, vol.3, pg.360/361], 4 Anna and 5 19, 25, , Law 5: In a place where there is no Saltanat e Islamia, the people, , there should personally dispense the dues to the needy etc. who are, the rightful recipients of Khiraj., , Law 6: Whatever crop grows from an Ushri land, where the aim is to, , benefit from the crop of that land, then to pay the Zakaat on that crop, is Fard, and the name of that Zakaat is called Ushr. In other words,, one-tenth, because in most cases one-tenth is Fard, even though in, some cases half Ushr, i.e. one-twentieth will be taken. [Alamgiri, vol.1,, pg.186; Raddul Muhtar, vol.3, pg.358], Law 7: For Ushr to become Waajib, the condition of being Aaqil, , (being of sane mind), and being Baaligh (having reached the age of, puberty) is not existent. There is also Ushr from in that which is, produced by the land which belongs to an insane person (Majnun) or a, Na-Baaligh (one who has not reached age of puberty, i.e. a minor), as, this is also Waajib. [Alamgiri, vol.1, pg.185 etc.], , ________________________________________________________________________, 1&2: As mentioned earlier the Aana was a currency unit formerly used in India, equal to, 1/16 rupee. It was subdivided into 4 Paise or 12 Paais (thus, there were 64 paise in a rupee and, 192 paais). The term belonged to the Muslim monetary system. The Aana is not commonly used, since India decimalised its currency in 1957. The Paai is also not commonly used today and the, actual calculations for the said case will be done as per the current values. The above is based on, calculations of that particular time. [Razvi Noori], , 108
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Vol.5 pg.109, Law 8: If one does not willingly pay the Ushr, then the Muslim Ruler, , can take it by force, and even in this case the Ushr will be regarded as, discharged, but one will not be deserving of its reward. Alternatively,, if one pays it willingly, then he will also be blessed with the reward for, it. [Alamgiri, vol.1, pg.185], Law 9: If Ushr was Waajib i.e. due on someone and he died, and the, , crop is still present, then in this case Ushr will be taken from it (the, crop). [Alamgiri, vol.1, pg.185], Law 10: For Ushr to be applicable, it is not necessary for a year, , should elapse, but if one has several harvests in a year, the Ushr on, every harvest is Waajib. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.67], , Law 11: In this, Nisaab is also not a condition. Even if the harvest is, , one Sa’, the Ushr is Waajib, and it is also not a condition that they, should be things which will remain, and it is also not a condition that, the farmer should be the owner of the land. Even if a Mukatib or a, Mazoon farmed, then Ushr is Waajib on that crop (harvest) as well. In, fact, even if crops grew (were grown) on a land that is Waqf, Ushr will, be due on that as well, be this whether the ones farming on it (that, Waqf land) are from the Waqf, or if they are being paid to farm. [Durre-Mukhtar, Raddul Muhtar, vol.2, pg.67], Law 12: There is no Ushr on those things which are grown without, , the aim of yielding profit from that land, such as firewood, grass,, bulrush (reed), Sayntha (bushy plant) twigs, Date leaves (palms),, hibiscus/anthea, cotton, brinjal tree, the seeds of melon, watermelon, and cucumbers, and the same applies to the seeds of all vegetables,, because the aim of their cultivation is vegetables and not seeds. The, same applies to those seeds which are medicinal, such as the Bdellium, 109
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Vol.5 pg.110, , (Kandar), fenugreek and Kalonji (onion seeds). However, if the, bulrush, grass and reed etc. are grown with the aim of yielding, benefits (profits) from the land, and the land has been left vacant for, this purpose, then the Ushr is Waajib on this. [Durr-e-Mukhtar, Raddul, Muhtar, vol.2, pg.68 etc.], Law 13: That field with is irrigated with rain water, or water from, , rivers, or canals, then Ushr, i.e. one-tenth is Waajib on it, and if it is, irrigated by a large skin (leather) vessel, or by a bucket, then half, Ushr, i.e. one-twentieth, is Waajib. If the water that he uses belongs to, someone else and he purchases the water for use, then in this case it is, still half Ushr which is Waajib. If that field is sometimes irrigated by, rain water and sometimes through a bucket or leather skin vessel,, then in this case if it is mostly irrigated by rain water, and sometimes, by bucket, then Ushr will be Waajib, if not half Ushr. [Durr-e-Mukhtar,, Raddul Muhtar, vol.2, pg.66/69], , Law 14: If there is honey on an Ushri land or on a mountain or in the, , forest, then Ushr is Waajib on it. Likewise, Ushr is also Waajib on the, fruits of the mountains and forests, on condition that the Muslim, Ruler has protected them from Harbis, bandits, and rebels; otherwise, there is nothing. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.66], Law 15: In wheat, barley, corn, millet, rice, and in all types of grain;, , and in linseed, safflower, walnut, almonds, and all types of fruits,, cotton, flowers, sugar cane, melon, water-melon, cucumbers, brinjal,, and all other types of vegetables (i.e. spuds), one-tenth Ushr is due, be, this crop a little or a lot. [Alamgiri, vol.1, pg.186], ________________________________________________________________________, Note: For example in 10 Kilograms, you will give one kilogram, and for every ten fruit, you will, give one fruit etc., , 110
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Vol.5 pg.111, Law 16: In that, where from Ushr or Nisf Ushr (half Ushr) are Waajib,, , the Ushr or Nisf Ushr will be taken from the entire crop (harvest). One, cannot deduct from it, utilities (i.e. expenses etc.) for harvesting etc., such as ploughs; (i.e. harvesters etc), farm security, labourers wages,, or seed costs etc. and then give the Ushr or Nisf Ushr. [Durr-eMukhtar, vol.2, pg.69], Law 17: The Ushr will only apply to Muslims, to the extent that if an, , Ushri land was bought by a Zimmi from a Muslim, and he has also, taken possession of it, then Ushr will not be taken from a Zimmi, but, he will be charged Khiraj (Land tax). Alternatively, if a Muslim bought, a Khiraji land from a Zimmi, then it will remain Khiraji, and the, Muslim will not be charged Ushr for that land, but rather he will be, charged Khiraj. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.70], Law 18: If a Zimmi bought an Ushri land from a Muslim, then a, , Muslim took that land back in Shuf’ah (on the basis of the law of preemption/amalgamation), or for some reason the sale became Bai’e, Faasid (illegal sale), and it was returned to the seller, or the seller, faced Khiyar e Shart (Option of Condition), or someone had Khiyar e, Ru’yah (Option of Physical Inspection), and for this reason it was, returned; or if the Mushtari (buyer) faced Khiyar e Ayb (Option of, Defect), and it was returned on the order of the Qadi. In all these cases, it will still remain as Ushri Land. If it was returned on the basis of, Khiyar e Ayb, without the order of the Qadi, then it will remain, Khiraji. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.70/71], , Law 19: If a Muslim converted his house (personal residence) to an, , orchard, then if he used Ushri water in it, then it is regarded as Ushri,, and if he used Khiraji water in it, then it is Khiraji; and if he uses both, types of water in it, then too it is regarded as Ushri. If a Zimmi, 111
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Vol.5 pg.112, , converted his personal residence to an orchard then Khiraj will be, charged categorically. The water from the sky (rain), wells, springs, and rivers is regarded as Ushri. The water from canals dug by (i.e., built) by Ajami (foreigners) is Khiraji. If unbelievers dug a well, and, now it has come into the possession of Muslims, or if it was dug in a, Khiraji land, then in all these cases that too becomes Khiraji., [Alamgiri, vol.1, pg.186/817; Durr-e-Mukhtar, Raddul Muhtar, vol.2,, pg.71/72], Law 20: There is no Ushr or Khiraj on that which grows in houses or, , graveyards. [Durr-e-Mukhtar, vol.2, pg.72], , Law 21: If the springs of ‘Zift’ (Asphalt) and ‘Nift’ (Crude Oil) are on, , Ushri land or on Khiraji land, there is nothing due on them. However,, if they are on Khiraji land, and the land in its vicinity, are lands which, can be cultivated, then the Khiraj of that land will be taken, and not of, the springs, and if it is on Ushri land, then as long as there is no, cultivation in the neighbouring lands, then nothing will be taken. In, this case for it to be such land which can be cultivated is not sufficient., [Durr-e-Mukhtar, vol.2, pg.72], Law 22: Those things which are attached to the ground, such as trees,, , and those things which come out of the tree, such as glue, there is no, Ushr for. [Alamgiri, vol.1, pg.187], Law 23: Ushr will only be taken, when the fruits grow and can be, , used, and the risk of loss is outweighed, even if they are still not ready, to be harvested. [Jauhira Nayyira], , 112
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Vol.5 pg.113, Law 24: It is not Halaal (lawful) to eat its yields before paying the, , Khiraj. Similarly, it is not Halaal for the owner to eat (from his crops), before he pays the Ushr. If he eats, then he must pay the liability., Similarly, if he fed it to others, then he will have to give the penalty of, the Ushr of that quantity, and if he had the intention of paying the full, Ushr, then for him to eat from it is Halaal. [Alamgiri, vol.1, pg.187;, Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.72], Law 25: In order to take Khiraj, the King (Muslim Ruler) has the right, , (i.e. the option) to stop (i.e. confiscate) the grains, and to not allow the, owner to utilise it. If he has not paid the Khiraj for many years, and he, is incapable (of paying it), then he should be pardoned (exempted for, those years), and if he is not incapable, then (that which is due) should, be taken (from him). [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.73], Law 26: If one is able to cultivate (farm) the land, but he does not, , grow anything (on it), he will pay the Khiraj; and Ushr will not be, Waajib, until he does not farm, and the crops do not grow. [Durr-eMukhtar, vol.2, pg.73], , Law 27: He cultivated the fields, but the crops were ruined; for, , example, the entire field was flooded or got burnt, or it was eaten by, locusts, or it was damaged due to hot winds or by frost, then both the, Ushr and the Khiraj are cancelled. This will apply when all has been, completely damaged. If some (of the crop) is remaining, then the Ushr, will be taken on what is remaining. If it was eaten by animals, (livestock), then the Ushr is not cancelled. For it to become cancelled,, it is also a condition that within that year, in that (land), another crop, cannot be cultivated. It is also a condition that it should be destroyed, before being picked or cut (i.e. harvested), otherwise it will not be, cancelled. [Raddul Muhtar, vol.2, pg.73/74], 113
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Vol.5 pg.114, Law 28: If someone usurped (i.e. forcefully took away) a Khiraji land,, , and he denies usurping it, and the owner also has no witnesses (to, prove this), then if the land is farmed, the usurper will be liable for the, Khiraj. [Durr-e-Mukhtar, vol.2, pg.74], , Law 29: Bai’e Wafa, in other words, it is that sale in which this, , condition is set that the seller has the right to return the payment to, the buyer, and the Mushtari (buyer) will refund the purchase price., Now, if a Khiraji land was sold on this basis (of Bai’e Wafa) to someone,, and if the land is in the possession of the seller, then the Khiraj is, upon the seller, and if it is in the possession of the buyer, and the, buyer has already planted on it, then the Khiraj is upon the buyer., [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.54], , Law 30: If the crop was sold before it was ready (i.e. ripe etc.), then, , the Ushr is on the buyer, even though the buyer would have made the, condition that the crop will not be harvested before it becomes ripe,, and it should remain in the field (orchard), and at the time of selling, the crop was ready, then the Ushr is on the seller. If he sold the land, and the crop, or if he sold only the land, and there is still that amount, of time left in the year wherein the land can be cultivated (and, harvested), then the Khiraj is on the buyer, otherwise on the seller., [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.74], Law 31: If an Ushri land was give on ‘Aariyat’ (as a loaned land) then, , the Ushr is on the cultivator, and not on the owner. If the land was, given on ‘Aariyat’ to an unbeliever, then the Ushr is on the owner., [Alamgiri, vol.1, pg.187], , 114
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Vol.5 pg.115, Law 32: If Ushri land was given in a manner where the crop is divided, , between cultivator and the landlord, then then Ushr is on both of, them, and if a Khiraji land was given in this manner, then it is on the, owner. [Raddul Muhtar, vol.2, pg.76], Law 33: According to our Imam (Imam Abu Hanifa, , ؓ◌), , the Ushr for, the land which is given with the option of paying cash for cultivation,, is the responsibility of the landlord, and according to the Saahibayn, (Imam Abu Yusuf and Imam Muhammad )ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎit is the, responsibility of the farmer (i.e. cultivator), and the research of Imam, Shaami is that on the basis of the situation of the era, we will now act, in accordance with the view (statement) of the Saahibayn. [Shaami,, vol.2, pg.75], Law 34: That land revenue which is given to the government, does, , not cause the Khiraj e Shar’i (i.e. the Khiraj stipulated by the Shariah), to be discharged, and it remains the responsibility of the owner. It is, necessary for him to pay it. The use of the Khiraj is not only for the, Muslim Army, but it is for all the virtuous needs of the Muslims, from, which is, building of Masjids, maintenance and expenses of the Masjid,, the allowance of the Imam and the Muaz’zin, and the salary of the, (Islamic) teachers. It can be used for the sake of Deeni knowledge, (Deeni Education), and to fulfil the needs of Deeni students, and for, the assistance of the Ulama e Ahle Sunnat, and for those supporters of, Deen (i.e. Ulama) who lecture and propagate the knowledge of Deen,, and for those who are engrossed in the work of writing Fatawa, (Islamic Edicts). It can also be used in the building of bridges and guest, houses. [Fatawa Razviy’yah], , 115
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Vol.5 pg.116, Law 35: If before taking out the Ushr, the grain was sold, then the, , Musad’diq (collector) has the right and option of taking it from the, buyer or from the seller, and if he sold it for more than its actual price,, then it is up to the Collector to either take it from the grains or take it, from the payment received for the grains. If he sold it at a low price,, which is so low, that people do not usually sell it at such a loss, then, he will take the Ushr from the grain only; and if the grain is not, remaining any more, then he will stipulate its Ushr and take it from, the seller, or he will take its mandatory price. [Alamgiri, vol.1, pg.187], , Law 36: If one sold away the grapes, then the Ushr of its payment, , must be taken, and if it was sold after being juiced, then he will take, the Ushr of its price (i.e. of the juice). [Alamgiri, vol.1, pg.187], , 116
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Vol.5 pg.120, , LAWS OF JURISPRUDENCE, Law 1: The uses of Zakaat are 7 (seven):, , 1., 2., 3., 4., 5., 6., 7., , A Faqeer, Miskeen, Aamil, Riqaab, Ghaarim, Fi Sabeelillah, Ibn-us-Sabeel. [Durr-e-Mukhtar, vol.2, pg.79], , A Faqeer, Law 2: A Faqeer refers to that person who has some assets, but they, , are less than the Nisaab (standard current threshold, i.e. he is, insolvent in the view of not having Nisaab). Alternatively, even if he, has some assets which reach the Nisaab, but they are absorbed in, Haajat-e-Asliyah (a person’s basic essentials/expenses), such as his, house in which he lives, clothes needed for wearing, a handmaid or, slave for his service, Deeni (Religious) books for those in the field of, knowledge, which do not exceed their necessity. This has already been, explained earlier. Similarly, if he is a debtor, and after deducting his, debt, he is not left with any Nisaab, he is regarded as a Faqeer, even, though he may not have just one, but many Nisaabs at one time., [Raddul Muhtar, vol.2, pg.80], , Law 3: If the Faqeer is an Aalim, then it is better (more virtuous) to, , give it (i.e. the Zakaat) to him rather than giving it to an uneducated, person. [Alamgiri, vol.1, pg.187]. When giving it to an Aalim, be sure to, take heed to his self-respect. It should be given to him with respect,, 120
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Vol.5 pg.121, , just as a younger one gives a gift to an elder. Allah forbid, if one has, contempt in his heart regarding the Aalim, then this is a cause of, severe ruin and destruction., A Miskeen, Law 4: A Miskeen refers to that person who is completely destitute, , and has nothing at all and is so dependent that he does not even have, food to eat, or clothing to cover his body with. Also, he is forced to beg, from the people, and for such a person to beg is Halaal. However, it is, not permissible for a Faqeer to beg, for one who has food to eat and, clothing to cover his body with, then for him to beg without need or, without compulsion, is Haraam. [Alamgiri, vol.1, pg.187/188], , An Aamil, Law 5: An Aamil is the person who has been appointed by the Muslim, , Ruler to collect the Zakaat and the Ushr. In accordance with his duties,, he should be paid an amount which will be adequate for him and his, assistants, but he should not be given an amount which exceeds half, of what he has collected. [Durr-e-Mukhtar, vol.2, pg.80/81], , Law 6: Even if the Aamil is Ghani (i.e. he has equivalent to the, , Nisaab), he can still take payment for his duties. If the Aamil is a, Hashmi (i.e. Sayed) then even to pay him from the Zakaat money is, not permissible, and for him to take this is also impermissible., However, if it is given to him from some other deposit (money), then, there is no harm in him taking this. [Alamgiri, vol.1, pg.188], Law 7: If the Aamil loses possession of the Zakaat money (or items),, , then he will now not receive anything, but the Zakaat of those who, 121
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Vol.5 pg.122, , paid it, will be discharged. [Durr-e-Mukhtar, Raddul Muhtar, vol.2,, pg.80/81], Law 8: If someone takes his Zakaat and personally deposits it in the, , Bait ul Maal (Muslim Treasury), then the returns for this will not be, given to the Aamil. [Alamgiri, vol.1, pg.188], Law 9: If the Aamil took his payment in advance, or if the Qadi, , handed it over to him, then this is permissible, but it is best that it, should not be given in advance. Alternatively, if it was given in, advance, and the money which he collected was ruined (lost), then the, apparent (rule) is that the payment will not be taken back., The Riqaab, , Law 10: Riqaab refers to giving a Mukatib slave the bond amount for, , his freedom, so that with that amount he may pay off the bond (to his, master) in exchange for his freedom. [General Books, Alamgiri, vol.1,, pg.188], Law 11: Even the Mukatib of a Ghani can be given Zakaat, even, , though you may know that he is the Mukatib of a Ghani (solvent /, wealthy person). If a Mukatib is failing to pay the bond in exchange, for his freedom, and he then again becomes a slave, then whatever, amount of Zakaat he has taken, his master may utilise it, even though, he (the master) may be Ghani. [Durr-e-Mukhtar, vol.2, pg.86], Law 12: The Zakaat that has been given to a Mukatib was for him to, , pay for his freedom, but he has the choice of using it for something, else. If the Mukatib has wealth equivalent to the Nisaab, and it is even, more than what he needs to pay in exchange for his freedom, he can, 122
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Vol.5 pg.123, , still be given Zakaat, but the Mukatib of a Hashmi cannot be given, Zakaat. [Alamgiri, vol.1, pg.188; Durr-e-Mukhtar, vol.2, pg.82], A Ghaarim, Law 13: A Ghaarim refers to that debtor, who is so deep in debt that, , after coming out of this debt, he will not be left with Nisaab, even, though he is owed by others, but he is not able to recover it from, them. However, the condition (here) is that the debtor should not be a, Hashmi. [Durr-e-Mukhtar, vol.2, pg.83], Fee Sabeelillah, , Law 14: Fee Sabeelillah, means to spend in the way of Allah. There, , are few ways of doing this. Some examples are as follows:, •, , If a person is dependent and wants to partake in Jihad1 (True, Holy War), and he is in need of a mode of transport and, necessities for his journey, then he may be given Zakaat,, because to do this, is to give in Way of Allah. Even though he, may be capable of earning,, , •, , If a person wishes to go on Hajj, but he does not have the, funds to do so, then he may be given Zakaat for this purpose., However, he is not allowed to beg in order to go for Hajj, , _______________________________________________________________________, 1: This does not refer to the terrorists and extremists who call on people in the name of Jihad to, kill innocent people. This is not Jihad, but it is against the Shariah. Such people and groups, should not be supported at all. Jihad is to fight truly for the sake and for the defence of Islam., [Razvi Noori], , 123
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Vol.5 pg.124, •, , A Taalib e Ilm (i.e. a student who is studying Deeni knowledge), or aims to go out to study Deeni knowledge. Such a person, may also be given Zakaat, as this is also regarded as giving in, the Way of Allah. However, a Taalib e Ilm, is also permitted to, ask (beg) for Zakaat, if he has devoted himself only for this, reason (i.e. to acquire Deeni knowledge), even though he may, be able to earn a livelihood., , Likewise, to spend Zakaat on all virtuous actions is regarded as Fee, Sabeelillah, i.e. to spend in the Way of Allah, on condition that it must, be ‘Tamleek’ (the recipient must be made the owner), because if the, condition of Tamleek is not met, Zakaat will not be discharged. [Durre-Mukhtar, vol.2, pg.83], Law 15: Many people send their Zakaat to Islamic Madrassas, , (seminaries). They should inform the trustees of the Madrassa that the, said amount is Zakaat, so that the Trustees may keep this money, separately and not mix it with other funds. They should spend this on, the poor students, and it should not be given as payment for any work, undertaken, otherwise the Zakaat will not be discharged., Ibn-us-Sabeel, , Law 16: Ibn-us-Sabeel refers to the traveller. This refers to a traveller, , who has become insolvent. He may take Zakaat, even though he may, have wealth (assets etc.) available at home. He is only permitted to, take that amount which is necessary for him to fulfil his needs. He is, not permitted to take more than this. Similarly, if a Malik e Nisaab, (solvent person), is owed by someone else for a period of time, and, that time fixed (to receive his money) has not elapsed as yet, and he is, now in need, or if the one who owes him the money is not present, 124
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Vol.5 pg.125, , there at the moment, or if he is there, but he has nothing, or he, refuses to accept that he owes that debt, even though the one being, owed has evidence that he owes him, then in all these cases, one may, take Zakaat as per need, but it is however better to take a loan if that, option is available to you, in order to sort your needs. [Alamgiri, Durre-Mukhtar], If the debt is Dayn e Mu’ajjal (i.e. A prompt loan), or if the time frame, has elapsed and the solvent debtor is present, and also acknowledges, it, then in this case one cannot accept Zakaat, because in this case he, can receive it from the debtor and fulfil his need, in reality, he is not, needy. It must be noted that a loan, which in common terms is also, called ‘current loan’ or a ‘short term loan’ in the language of Shariah, (law) is always Mu’ajjal, meaning whenever one wishes to, he may, demand (its payment), even though there are a thousand pledges,, promises, written agreements or promissory notes which fix a, duration, that it will only be paid after such and such amount of time,, even though it is written that within that time frame, one cannot be, first to demand, and if one demands then that demand will be invalid., All of these conditions are regarded as invalid, and the one who has, given the loan has the right to demand at any time. [Durr-e-Mukhtar,, vol.2, pg.84], Law 17: If a Musafir, or that Malik e Nisaab who is being owed by, , someone else, took an amount of Zakaat as per necessity, in the time, of need, and then he received his own wealth (money). For example, if, a Musafir has reached home, or the Malik e Nisaab received payment, of his debt, then in this case he may now still utilise, whatever is, remaining of that Zakaat. [Raddul Muhtar, vol.2, pg.84], , 125
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Vol.5 pg.126, Law 8: The one who is giving his Zakaat has the choice (right) of, , giving it to all seven categories (of recipients), or he may simply give, it to just one from amongst them, be this few people of the same, category, or to just one person. If the person (giving Zakaat) does not, have Zakaat (to give) which is equal to the amount of Nisaab, then it is, better to give it to one person. Also, to give to just one person an, amount which is equivalent to Nisaab, is Makruh, but if he gave it to, him, it will be regarded as being discharged. It is Makruh to give just, one-person Zakaat which is equivalent to Nisaab, only if the Faqeer is, not a debtor, and if he is debtor, then he should be given such an, amount that after paying the debt, nothing remains, or if less than the, Nisaab of Zakaat remains, then it is not Makruh. Likewise, if the, Faqeer has a family, and even though the amount being given to him, is more than the Nisaab of Zakaat, but if he will spend it (distribute it), amongst his family, then all of them get an amount that is less than, Nisaab, then there is no harm in doing so. [Alamgiri, vol.1, pg.188], Law 19: When paying Zakaat, it is necessary to make the one whom, , you are giving Zakaat to, the Maalik (owner) of the wealth (i.e. it must, be given in his possession), and simply giving permission is not, sufficient. Therefore, to spend the Zakaat money in the Masjid, or to, give Kafan (shroud) for the deceased with it, or to pay the debt of a, deceased with it, or to free a slave, or to construct a bridge, guest, house (Musafir Khana), public bath or road, or to dig a canal or a well,, (i.e. meaning to spend that money for all of these things), or to buy, books etc. and then make it Waqf, is not sufficient (for Zakaat to be, discharged). [Jauhira, Alamgiri, vol.1, pg.188; Tanweer, vol.2, pg.85], Law 20: If a Faqeer owes money, and on his authority, it was paid off, , with Zakaat, then in this case the Zakaat will be discharged, and if this, was not done on his authority, then it will not be counted as being, 126
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Vol.5 pg.127, , discharged. If a Faqeer gave permission, but died before it was paid, off, and if this debt is then paid from Zakaat, then it will not be, discharged. [Durr-e-Mukhtar, vol.2, pg.85], We have already explained the issue of making Heela with Zakaat, money for these purposes, so if one wishes to make Heela, then he, may do so., Law 21: Zakaat cannot be given to your actual (direct family),, , meaning you cannot give your Zakaat to your:, 1. Mother, 2. Father, 3. Paternal grandfather (Dada), 4. Paternal grandmother (Daadi), 5. Maternal grandfather (Naana), 6. Maternal grandmother (Naani) etc., , In other words, those in whose children we are. Zakaat cannot also be, given to your own children, meaning to your:, 1. Sons, 2. Daughters, 3. Paternal grand-sons, 4. Paternal grand-daughters, 5. Maternal grand-sons, 6. Maternal grand-daughters etc., , 127
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Vol.5 pg.128, , Likewise, we cannot give them Sadqa, Fitrah, Nazr (offering) and, Kaffarah. However, we are allowed to give Nafil (optional) Sadqa to, them, and in fact it is better to give this to them. [Alamgiri, vol.1,, pg.188; Raddul Muhtar, vol.2, pg.86, etc.], Law 22: Zakaat cannot be given to a child born out of adultery which, , is from him (i.e. his own but illegitimate), or that child which was born, from his legally married wife whilst she was in his Nikah, but he says, that this is not my child. [Raddul Muhtar, vol.2, pg.86], , Law 23: Zakaat can be given to your daughter in law, son in law, step, , mother, step father, or to the children of your wife (from a previous, marriage), or to the children of your husband (from another, marriage). Zakaat may also be given to other relatives whose, maintenance is Waajib upon you, as long as it is not deducted from, that maintenance. [Raddul Muhtar, vol.2, pg.86], Law 24: If one’s parents are dependent (needy) and he wish to make, , Heela with Zakaat and give it to his parents, in a way where he gives it, to a Faqeer and then the Faqeer gives it to them, then this is Makruh., [Raddul Muhtar, vol.2, pg.86]. It is also Makruh to give (your Zakaat) to, your children after making Heela., , Law 25: You cannot give Zakaat to your own (slave or servant), or to, , your family (slave or servant), or to the slave of your wife or of your, husband, or to a Mukatib, or a Mudab’bir, or to an Umm e Walad, or to, any such slave in whom you have any ownership, even if certain parts, of him are freed already. [Alamgiri, vol.1, pg.189], , 128
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Vol.5 pg.129, Law 26: A wife cannot give her Zakaat to her husband, and a husband, , cannot give his Zakaat to his wife, even if he has given her Talaaq e, Baa’in, or even if he has given her three Talaaqs, for as long as she is, still in Iddat. If the Iddat is completed, then he may give his (Zakaat to), her. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.87], Law 27: It is not permissible to give Zakaat to one who is Maalik e, , Nisaab (whereas that thing is clear of Haajat e Asliyah, meaning,, house, housekeeping items, clothes to wear, servant, animal (mode) of, transport, weapons, books for the men of learning which are for his, work, and all things which are regarded as Haajat e Asliyah, even, though such items are more than this, even though a year has elapsed, over it, and even though it is not Maal e Naami, i.e. productive, wealth)., Additionally, Nisaab here means the value of those items should be, equal to two hundred dirhams (i.e. the current standard Nisaab), even, though by itself it may not be so much that Zakaat is Waajib on it. For, example, if six Tola of gold is equal to the value of two hundred, dirhams, then the one who has this, even though Zakaat is not Waajib, on him, because the Nisaab (threshold) of gold is seven and half Tola,, but that person cannot be given Zakaat. Alternatively, in the case, where he has thirty goats or twenty cows, which add up to the value, of two hundred dirhams, then he cannot be given Zakaat, even though, Zakaat is not Waajib on him. Also, if he has more goods than his need,, which are also not for trade purpose, but they are equal to two, hundred dirhams (i.e. Nisaab amount), then he cannot be given, Zakaat. [Raddul Muhtar, vol.2, pg.88], Law 28: A fit and healthy person (who is a legal recipient of Zakaat),, , can be given Zakaat, even though he has the capability to earn a, 129
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Vol.5 pg.130, , living, but for him to beg is not permissible. [Alamgiri, vol.1, pg.189,, etc.], Law 29: Even the slave of one, who is Maalik e Nisaab, cannot be, given Zakaat, even though the slave may be crippled, and even if his, master does not give him food to eat, or if his master has disappeared., However, the Mukatib and Mazoon of a Maalik e Nisaab can be given, Zakaat, when both he and his wealth are locked (sunk) in debt., Similarly, the na-Baaligh children of a wealthy (i.e. solvent) person, cannot be given Zakaat. However, it can be given to the Baaligh, children of a Ghani (wealthy, i.e. solvent person), on condition that, they are Faqeer. [Alamgiri, vol.1, pg.189; Durr-e-Mukhtar, vol.2,, pg.89/90], Law 30: The wife of a Ghani person can be given Zakaat, on condition, , that she is not Maalik e Nisaab. Similarly, the father of a Ghani can be, given Zakaat as long as he is a Faqeer. [Alamgiri, vol.1, pg.189], Law 31: A woman who’s Mahr (dowry) is owed to her by her husband,, , even if that amount is equivalent to Nisaab, and even if her husband is, wealthy, and he has the means to pay it; can still be given Zakaat., [Jauhira Nayyira], Law 32: A child whose mother is Maalik e Nisaab, even though the, , child’s father is not alive, that child can be given Zakaat. [Durr-eMukhtar, vol.2, pg.90], , Law 33: If a person has a house or shop which he gives on rent, and, , the amount he gets is three thousand dirhams, for example, but this, rental is not enough to suffice for the (essential) needs of his family,, then to give him Zakaat is permissible. Similarly, if he has a farmland,, on which he farms, but whatever he gets out of that land is not, 130
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Vol.5 pg.131, , sufficient to sustain his family for the entire year, then he too can be, given Zakaat, even though the value of the farmland is more than two, hundred dirhams (i.e. more than the current standard Nisaab, amount). [Alamgiri, vol.1, pg.189; Raddul Muhtar, vol.2, pg.88], Law 34: One who has grain to eat, which is equal to the value of two, , hundred dirhams (i.e. equal to the current standard Nisaab amount),, and that grain is sufficient for him for the entire year, then too, to, give him Zakaat is Halaal. [Raddul Muhtar, vol.2, pg.88], Law 35: Winter clothing which is not needed in the summer months, , is (still) regarded as being from Haajat e Asliyah. Even if one has such, clothing, and even if they are very expensive, he may still accept, Zakaat. If a person has a house in which he lives, but it is larger than, he needs, meaning that he does not use the entire house to live in,, then such a person is still allowed to take Zakaat. [Raddul Muhtar,, vol.2, pg.88], , Law 36: A woman is personally the Maalik of the Jahez (bride’s, , portion), which she receives from her parents. In it there are (usually), two types of things (items);, , The first type consists of those things which are of need, such as, household and housekeeping goods, clothing for use, and utensils for, (home) use. No matter how many of these items she may have, she, will not be regarded as being Ghani (on the basis of these items)., The second type of things she receives, are those which are over and, above that which is regarded as Haajat e Asliyah, which are given for, adornment, such as jewellery, and those things which are except the, needed things, and ornaments, and very expensive clothing which are, 131
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Vol.5 pg.132, , given to her to wear when leaving (her mother’s home), or when, returning (to her mother’s home). If the value of these things is, equivalent to the Nisaab, then the woman is regarded as Ghani and, cannot accept Zakaat. [Raddul Muhtar, vol.2, pg.89], Law 37: If one has pearls and other gemstones etc, and they are not, , meant for trade (business purposes), then their Zakaat is not Waajib,, but if it is to the value of Nisaab, then that person cannot accept, Zakaat. [Raddul Muhtar, vol.2, pg.89], , Law 38: If one has an orchard in his home which is equivalent to the, , value of Nisaab, but in the orchard, it does not have those things, which are necessities for a house, such as a kitchen and bathroom etc., then for him to accept Zakaat is not permissible. [Alamgiri, vol.1,, pg.189], , Law 39: The Bani Hashim cannot be given Zakaat. Neither can a non-, , Hashmi give a Hashmi Zakaat, nor can another Hashmi give a Hashmi, Zakaat. Bani Hashim refers to the descendants of Hazrat Ali, Hazrat, Ja’far, Hazrat Aqeel, Hazrat Ab’bas and Hazrat Haarith bin Abdul, Mutallib. With the exception of the above, those who did not support, Nabi Kareem ﷺ, such as Abu Lahab, that even though this unbeliever, was also the son of Hazrat Abdul Mutallib, but his children will not be, counted amongst the Bani Hashim. [Alamgiri, vol.1, pg.189], Law 40: Even slaves freed by Bani Hashim cannot be given Zakaat, so, , to give (Zakaat) to those slaves who are still under their ownership is, impermissible to a greater extent. [Durr-e-Mukhtar, vol.2, pg.91 etc.;, General Books, Alamgiri, vol.1, pg.89], , 132
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Vol.5 pg.133, Law 41: If the mother (of someone) is Hashmi, who is in fact a, , Sayyidaani (i.e. female descendant of Nabi ﷺfamily), and the father is, not Hashmi, then that person is not considered to be a Hashmi, as the, lineage in Shariah is from the father. Hence, such a person can be, given Zakaat, if there is no other restriction of the Shariah., Law 42: Nafil Sadqa and earnings from the Awqaaf (Trust) can be, , given to Bani Hashim, whether the one who made the Waqf, selected, them or not. [Durr-e-Mukhtar, vol.2, pg.91], , Law 43: A Zimmi Kaafir can neither be given Zakaat, nor any Waajib, , Sadaqa, such as Nazr (offering), Kaffarah (compensation) and Sadaqa e, Fitr, and it is not permissible to give a Harbi any type of Sadaqa,, neither Waajib nor Nafil, even though he may be in Darul Islam under, the refuge of the Muslim King (Ruler). [Durr-e-Mukhtar, vol.2, pg.92], , Even though India is regarded as Darul Islam, the Kufaar here are not, Zimmi, and to give them Nafil Sadaqa such as donations etc. is not, permissible., Beneficial Note, To give any other Sadaqa e Waajiba such as Nazr (offering), Kaffarah, (compensation) and Fitrah etc. to those who cannot be given Zakaat, is, also impermissible; except for hidden treasure (which is found) and, that which is from a mine. As the one-fifth of that can be given to your, children and to your parents, and there are actually certain, circumstances when one can use it personally as well, which has, already been explained earlier. [Jauhira], , 133
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Vol.5 pg.134, Law 44: For those concerning whom it has been mentioned that they, , can be given Zakaat, the condition is that all of them must be Faqeer,, except for an Aamil, as it is not a condition for him to be a Faqeer. As, for the Umm-us-Sabeel, even though he is Ghani, but at that time, he, will fall under the category of a Faqeer. Zakaat cannot be given to, anyone else who is not a Faqeer. [Durr-e-Mukhtar, vol.2, pg.88], Law 45: If a person who is on his deathbed (i.e. in his final illness),, , gave Zakaat to his brother, and this brother is his heir, then in the, Court of Allah, this Zakaat has been discharged. However, the other, heirs have the right, to take that Zakaat back from him, as it falls, within the ruling of the bequest (Wasiyat), and it is not proper, without the permission of the other heirs to the make a Wasiyat to a, (particular) heir. [Raddul Muhtar, vol.2, pg.86], Law 46: If Zakaat was given (by someone) to someone who serves, , him, and who does his chores, or if it was given to one who gave him, some glad tidings (good news), or if he gave it to that person who sent, him some gift, then all of this is permissible. However, if he gave it and, said that it is in return (for whatever they did), then it is not, discharged. During Baqr Eid, if he gave it to the male and female, servants but said that it was Eidi (Eid gift), it will be discharged., [Jauhira, Alamgiri, vol.1, pg.190], , Law 47: If one used Tahar’ri (positive intuition), meaning he thought, , about it, and his heart confirmed and was fully content with this, that, such and such person can be given Zakaat, and he thus gave the, Zakaat to him, but later it was ascertained that he is a valid recipient, of Zakaat, or his condition was still not known, then (in this case) the, Zakaat will be regarded as being discharged. However, if later one, ascertained that he was a Ghani, or that they were from among his, 134
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Vol.5 pg.135, , parents, or it was his child, or her husband, or his wife, or he was a, Hashmi, or the slave of a Hashmi, or he was a Zimmi, then (in all such, cases) it will be counted as being discharged. If one came to know that, it was his own slave, or a Harbi, then it is not discharged. He should, now pay it again. It will also fall under the ruling of Tahar’ri, if, someone asked (begged) for Zakaat and he gave it to him, without, thinking of him as being Ghani, or if a person was sitting with a group, of Faqeers, looking like one of them, and he gave it to him. [Alamgiri,, vol.1, pg.190; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.92], Law 48: If one gave Zakaat to someone without evening thinking, , about it, meaning he did not even think as to whether he can be given, the Zakaat or not, and later he realised that he was not allowed to give, him Zakaat, then in this case it will not be discharged; otherwise it will, be discharged. If whilst giving it to him, if one had a doubt but one did, not do Tahar’ri, or even if he did do Tahar’ri, but his heart did confirm, and lean to one particular side, or if he did Tahar’ri and there was, predominant likelihood that this person is not a legal recipient of, Zakaat, but he still gave it to him, then in all such cases it will not, regarded as being discharged., It will (only) be regarded as discharged, if after giving it, it became, evident that he was a legal recipient of Zakaat. [Alamgiri, vol.1, pg.190], Law 49: In Zakaat and other Sadaqaat, it is Afdal (more virtuous), to, , first give it to your brothers and sisters, then to their children, then to, your paternal uncles and aunts, then to their children, then to your, maternal uncle and aunt, then to their children, then to (other) Zawil, Arhaam (i.e. blood relatives), then to your (Muslim) neighbours, then, to people of your own profession, then to the people of your own, village, city or town. [Jauhira, Alamgiri, vol.1, pg.190], 135
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Vol.5 pg.136, , It is reported in the Hadith that Nabi ﷺsaid, ‘O Ummah of, Muhammad !ﷺBy Him Who sent Me with the Truth, Allah Almighty, does not accept the Sadaqa (Charity) of that person, whose relatives, are in need of his assistance, but he gives it to someone else. By Him in, Whose Divine Power is My Soul! Allah Almighty Allah will not look, towards him with Mercy on the Day of Qiyaamat.’ [Raddul Muhtar,, vol.2, pg.93/94], Law 50: To send Zakaat to another city is Makruh, unless his relatives, , are there, then he may send it there to them, or if those there have a, greater need for it, or the one to whom he is giving it, is more pious,, or if it is more beneficial to the Muslims by sending it there., Alternatively, if it was sent for students of Deen, or for true, worshippers; or if he is in Darul Harb and he sends it to Darul Islam, or, if he sends it before his (Zakaat) year ends. To send it to another city, (or town) in all these cases is permissible without any objection or, protest. [Alamgiri, vol.1, pg.190; Durr-e-Mukhtar, vol.2, pg.93/94], Law 51: A City (Town) here refers to that city, where his wealth, , (assets etc) is present. If he lives in one city and his wealth is present, in another city, then in this case he should give it to those Fuqara who, are in that city, and in the ruling of Sadaqa e Fitr, city refers to the city, in which you are personally present. If one is personally in one city, and his minor children and slaves are in another city, then he should, distribute the Sadaqa e Fitr to the Fuqara of the city in which he, personally is. [Jauhira, Alamgiri, vol.1, pg.190], Law 52: It is impermissible to give Zakaat to a Bud-Mazhab, , (deviants). [Durr-e-Mukhtar, vol.2, pg.96], , 136
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Vol.5 pg.137, , When this is the ruling concerning the Bud-Mazhabs, then what can, be said about the wahabiya of this time, who commit blasphemy in the, Court of Allah, and insult the exalted station of the Beloved Rasool ﷺ,, and they even publicise this. They are those whom the Grand, (Righteous) Ulama e Haramain Sharifain have unanimously decreed to, be Kaafir (unbelievers) and Murtad (apostates), even though they may, call themselves Muslims. To give Zakaat to them is Haraam, and, strictly Haraam, and if you did give it to them, then it will never be, regarded as discharged under any circumstance., Law 53: If one has food for the day, or if he is fit and healthy enough, , to earn a living, then for such a person to beg for food, is not Halaal. If, someone gives him food without him begging (or asking for it), then, for him to accept it is permissible. If he has enough to eat, but he does, not have sufficient clothing, then in this case he may beg for clothing., Similarly, if he is occupied in Jihad (Truly fighting in the Way of, Allah), or he is a student of Deen, then even if he is fit and healthy and, is able to earn, he is allowed to ask for assistance., It is also impermissible to give to such a person, upon whom it is not, permitted to ask for assistance. One who gives him is sinful. [Durr-eMukhtar, vol.2, pg.95/96], Law 54: It is Mustahab to give a person such an amount that he has, , no need to ask help (beg) for that day, and this differs based on the, condition (i.e. the needs) of the Faqeer. One will have to consider his, food (i.e. how much he requires), his family and children (i.e. the size, of his family), and his other needs, and then give him (based on this, information). [Durr-e-Mukhtar, vol.2, pg.93], , 137
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Vol.5 pg.138, , Chapter 2, Sadaqa e Fitr, •, , Sadaqa e Fitr in the Light of Hadith, , 139, , •, , Laws of Jurisprudence, , 140, , 138
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Vol.5 pg.140, , LAWS OF JURISPRUDENCE, Translator’s Note, At the inception it must be mentioned that as per the research and the, Fatwa of Sayyidi Aala Hazrat ؓ◌. We have ascertained that the original, Fitrah based on Half Sa’ of wheat is (the value of) 1 kg 574 grams (of, wheat), but he advised as a measure of care to increase it for the, benefit of the Faqeer, and based on his stipulated formula to inflate it, on the basis of care, it works out to (the value of) 1 kg 919.1 gram of, wheat. This is further verified from the well-researched Fatwa of, Mufti Ata ul Mustafa Amjadi who is the son of Huzoor Sayyidi, Muhad’dith e Kabeer., Law 1: Sadaqa e Fitr is Waajib (compulsory). One has his entire life to, , discharge it. In other words, if he has not discharged it in the, stipulated period, he should do so now (currently). If it is not, discharged it will not fall away, and to pay it now (currently) does not, mean it is Qaza, but it will still be regarded as Ada (on time), even, though it is Masnun to do so before the Namaaz of Eid. [Durr-eMukhtar, vol.2, pg.98/99], Law 2: Sadaqa e Fitr is Waajib upon the person (i.e. upon an, , individual) and not upon his wealth, so if he dies, it will not be paid, from his wealth. However, if his heirs wish to pay it as a favour of, goodwill from their side, then they may do so. However, they are not, obligated to do so. If the deceased made a Wasiyat that it should be, paid, then it must be paid up from the one third of his wealth (from, which he is permitted to make a Wasiyat), even if his heirs refuse to, give permission for this. [Jauhira etc.], 140
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Vol.5 pg.141, Law 3: Sadaqa e Fitr becomes Waajib on the Day of Eid as soon as the, , Subho Saadiq (True Dawn) appears. Therefore, the person who died, before morning (Subho Saadiq), or if a person was wealthy and, became a Faqeer, or if an unbeliever became a Muslim after the first, light appeared, or if a child was born, or if a person who was a Faqeer, became wealthy, then it is not Waajib upon them. However, if he died, after first light appeared, or if an unbeliever became a Muslim before, first light appeared, or if a child was born, or if he was a Faqeer and, became wealthy, then it is Waajib upon them. [Alamgiri, vol.1, pg.192], Law 4: Sadaqa e Fitr is Waajib upon every Free Muslim who is Saahib, , e Nisaab, whose Nisaab is over and above his Haajat-e-Asliyah. In this,, there is no condition of Aaqil (Sanity), Baaligh (puberty) and Maal Al, Naami (Productive Wealth). [Durr-e-Mukhtar, vol.2, pg.99]. Maal Al, Naami and Haajat-e-Asliyah have already been discussed earlier. You, may peruse its circumstances there., , Law 5: If a Na-Baaligh or Majnun (insane person) is Maalik-e-Nisaab, , (possessor of Nisaab) then Sadaqa e Fitr is Waajib upon them. Their, guardian should pay it from their wealth. If the guardian did not pay it, and the Na-Baaligh became Baaligh, or if the insanity of the insane, person has gone away, then they should pay it up personally. If he was, not personally Maalik-e-Nisaab and the guardian did not pay it, then, after becoming Baaligh and returning to his proper senses, he is not, responsible for its payment. [Durr-e-Mukhtar, Raddul Muhtar, vol.2,, pg.99], , 141
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Vol.5 pg.142, Law 6: In order to pay Sadaqa e Fitr, it is also not a condition for the, , Maal (wealth/item) to remain intact. Even after the Maal is destroyed, (lost), Sadaqa is still Waajib and it will not fall away (be waived); and, this is opposite to the (ruling of) Zakaat and Ushr. Both these fall away, after the Maal has been ruined (lost). [Durr-e-Mukhtar, vol.2, pg.100], Law 7: Sadaqa e Fitr is Waajib upon a male who is Maalik-e-Nisaab in, , his personal capacity, and on behalf of his minor children as well, if, the minors are themselves not Maalik-e-Nisaab; and if they are, Maalik-e-Nisaab, then the Sadaqa should be paid up from their wealth., In addition, the Sadaqa of a child who is not sane, even though he is, Baaligh, if he is not Ghani, is the responsibility of his father, i.e. it is, Waajib upon his father. However, if he is Ghani, then it must be paid, from his wealth, be this if his insanity is Asli (i.e. he entered puberty in, this state), or if it only occurred temporarily, in other words, afterwards; then too the ruling for both is the same. [Durr-e-Mukhtar,, Raddul Muhtar, vol.1, pg.101], , Law 8: For Sadaqa e Fitr to become Waajib, fasting is not conditional., , If one did not fast due to some valid reason, or due to travelling, or, due to an illness, or old-age or (Allah Forbid) if he left out the fast, without a valid reason, then in all the said cases, the Sadaqa e Fitr is, still Waajib. [Raddul Muhtar, vol.2, pg.101], Law 9: If a female who has not as yet reached the age of puberty, but, , is capable to serve her husband, and has been given in Nikah, and she, has been sent to the home of her husband as well; then in this case her, Sadaqa e Fitr is not Waajib upon anyone. Neither is it Waajib upon her, husband and nor is it Waajib upon her father; and if she is not capable, of serving her husband, or if she has not been sent to the home of her, husband as yet, then accordingly it is the responsibility of her father., 142
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Vol.5 pg.143, , All this is only applicable if the female herself is not Maalik-e-Nisaab,, otherwise in any case the Sadaqa e Fitr will be paid from her own, wealth. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.101], Law 10: If there is no father (i.e. if he is deceased), then the paternal, , grandfather is in place of the father. It is Waajib upon him to give the, Sadaqa on behalf of his needy grandsons and grand-daughters. [Durre-Mukhtar, vol.2, pg.101], , Law 11: It is not Waajib upon the mother to pay Sadaqa on behalf of, , her minor children. [Raddul Muhtar, vol.2, pg.101], , Law 12: Sadaqa e Fitr is Waajib upon the Maalik (Owner) on a servant, , (slave) which he has kept for his services, for the Mudab’bir1 and for, the Umme Wulad2, even if the servant (slave) is debtor and is soaked, in debt, and if the slave is pledged (i.e. a loan), and if the Maalik has, over and above the Haajat-e-Asliyah by which he can pay off the debt,, and he will still be Maalik-e-Nisaab, then the Sadaqa is also Waajib on, the Master on his behalf as well. [Durr-e-Mukhtar, vol.2, pg.102;, Alamgiri, vol.2, pg.192], Law 13: The Sadaqa on a slave that is for business purpose is not, , Waajib upon the owner, even if his price (value) is not equal to the, Nisaab. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.102], , ________________________________________________________________________, 1: Mudab’bir refers to slave released by his master, whereby he declares that he should only be, free after his death., 2: Umme Walad: a female slave who gave birth to a child accepted by her master as his offspring, , 143
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Vol.5 pg.144, Law 14: If a slave was given on loan or the master entrusted him to, , someone (temporarily), then Fitrah is Waajib upon the Maalik. In, addition, if he made a Man’nat saying that this slave will work for such, and such person and after me his owner is such and such person, then, the Fitrah is upon the Maalik and it is not the responsibility of the, person in whose possession he is. [Durr-e-Mukhtar, vol.2, pg.102], , Law 15: The Maalik is not liable for the Fitrah of a slave who has fled, , and for a slave who has been captured by Harbis (hostile kufaar)., Similarly, if someone has kidnapped (the slave) and the kidnapper, refuses he has done so, and there are no witnesses to this, then Fitrah, for him is also not Waajib. However, once he is found, then Fitrah for, the past year should be paid on his behalf. If the Harbi became Maalik, of the slave, then even after he is returned, there is no Fitrah for him., [Alamgiri, vol.1, pg.193; Raddul Muhtar, vol.2, pg.103], Law 16: There is neither Fitrah on a Mukatib1 and nor is the Maalik of, , the Mukatib liable for his Fitrah. Likewise, is the ruling regarding the, Mukatib and slave of a Mazoon2. If the Mukatib is unable to fulfil the, bond agreement then the Maalik is not liable for Fitrah for the past, year. [Alamgiri, vol.1, pg.193], Law 17: If a slave is owned jointly by two or more persons, then, , neither is liable for his Fitrah. [Alamgiri, vol.1, pg.193], , ________________________________________________________________________, 1: Mukatib is a slave who is under bond with his master to pay for his freedom in instalments, 2: Mazoon is a licenced or privileged slave, , 144
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Vol.5 pg.145, Law 18: If a slave was sold and both the Baa’i (Seller) and Mushtari, , (buyer) have kept the choice of returning open, and the day of Eid ul, Fitr arrived, and the time frame did not expire as yet, then his Fitrah, is suspended. If the sale remained established, then the Fitrah is upon, the Mushtari (buyer). [Alamgiri, vol.1, pg.193], Law 19: If the Mushtari rescinds due to Khiyar Al Ayb (Option of, , Defect) and/or Khiyar Al Ru’yah (Option of Physical Inspection), then, if he had already taken ownership, the Fitrah is on the Mushtari, if not, it is on the Baa’i. [Alamgiri, vol.1, pg.193], Law 20: If a slave was sold, but the deal became void, and the, , Mushtari returned him after taking ownership, or if he took, ownership and then freed him after Eid, then in this case it is on the, Baa’i. In addition, if he took ownership before Eid and freed him after, Eid, then the Mushtari is liable for the Fitrah. [Alamgiri, vol.1, pg.193], Law 21: If the Maalik said to his slave, ‘You are free when the day of, , Eid comes,’ then the slave will be free on the day of Eid, and the Fitrah, will be Waajib upon the Maalik. [Alamgiri, vol.1, pg.193], , Law 22: A person is not liable for the Fitrah of his wife and his, , children who are Aaqil and Baaligh, even if they are cripple, and even, if he is responsible for their provisions. [Durr-e-Mukhtar, vol.2, pg.102,, etc.], Law 23: If a person paid the Fitrah of his wife and his Baaligh, , children without their permission, it will be counted as being, discharged, on condition that the children are from his Ay’yal (i.e. his, children whom he is providing for, i.e. his dependants). In other, words, the provisions etc. of those children are his responsibility;, 145
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Vol.5 pg.146, , otherwise it will not be regarded as discharged if he does so, on behalf, of his children without their permission. If the wife paid the Fitrah of, her husband without his authority, it will not be discharged., [Alamgiri, vol.1, pg.193; Raddul Muhtar, vol.2, pg.102/103, etc.], Law 24: One is not liable for the Fitrah of his mother, father, paternal, , grandfather, paternal grandmother, and his Na-Baaligh brothers and, for that of his other relatives; and he cannot pay it without their, authority. [Alamgiri, vol.1, pg.193], Law 25: The quantity of Sadaqa e Fitr is half Sa’ of wheat or its flour,, , or Sittu (parched drink). One Sa’ of dates, or raisins or barley, or its, flour, or Sittu. [Durr-e-Mukhtar, vol.2, pg.103; Alamgiri, vol.1, pg.191], , Law 26: If wheat, barley, dates and raisins are given (as Fitrah), then, , this does not depend on the value (price). For example, if half a Sa’ of, good quality barley, which is equal to the value of one Sa’ of barley, or, quarter Sa’ pure wheat that in value is equivalent to half Sa’ of wheat,, or half Sa’ dates that are equivalent in value to half Sa’ barley or half, Sa’ wheat is given, then all of this is impermissible. Only that quantity, will be counted, which has been given. He is still liable to pay the rest,, and he should pay this. [Alamgiri, vol.1, pg.192], , Law 27: If a person gives half Sa’ of barley and quarter Sa’ wheat, or if, , he gave half Sa’ dates, it is regarded as permissible. [Alamgiri, vol.1,, pg.192; Raddul Muhtar, vol.2, pg.104], Law 28: If wheat and barley are mixed together and the quantity of, , wheat is more, then half Sa’ should be given, otherwise one Sa’ must, be given. [Raddul Muhtar, vol.2, pg.104], 146
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Vol.5 pg.147, Law 29: Instead of giving wheat and barley, it is more virtuous to give, , its flour, and even more virtuous than this is to give its value (in cash)., One may either give the value of the wheat or the value of the barley, or the value of dates, and in a time of shortage, it is better to give the, actual thing instead of giving its value. If one gave bad (i.e. inferior), quality barley or wheat, then he should pay the balance, which is the, price difference of good quality wheat or barley. [Durr-e-Mukhtar,, Raddul Muhtar, vol.2, pg.106], Law 30: If one wishes to discharge his Fitrah with something other, , than the four stipulated items; such as rice, corn, millet or some other, grain, or by way of something else, then he will have to consider the, price. In other words, these items should be equivalent to the price of, half Sa’ wheat or one Sa’ barley. If he gives bread, then even in this,, the price will be considered, even if it is made from wheat or barley., [Durr-e-Mukhtar, vol.2, pg.104; Alamgiri, vol.1, pg.191/192], Law 31: In-depth research and caution is in this that the weight of, , one Sa’ is equal to that of 351 rupees, and that of half Sa’ is equal to, that of 175 rupees and 25 cents. [Fatawa Razviy’yah] (This refers to the, amounts at that time. Today half and one Sa’ will be calculated as per, present weights and prices as converted from the Sa’. A guide for this, has been given in the beginning of this section)., Law 32: To pay the Fitrah in advance is absolutely permissible as long, , as that person is present, on whose behalf it is being paid. This is even, if he pays it before Ramadaan, and if he was not a Maalik-e-Nisaab at, the time when it was being paid (on his behalf), so in this case the, Fitrah will be valid. However, it is more virtuous to pay it after Subho, Saadiq on the day of Eid, and before going towards the Eid Gah. [Durre-Mukhtar, vol.2, pg.106; Alamgiri, vol.1, pg.192], 147
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Vol.5 pg.148, Law 33: It is best to give the Fitrah of one person to one Miskeen, , (needy person), and if it was split between a few people, then this is, also permissible. Similarly, it is unanimously permissible to give one, Miskeen the Fitrah of numerous people, even though they may all be, mixed together. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.107], , Law 34: If a husband authorised (ordered) his wife to pay his Fitrah, , and she mixed the wheat which was the Fitrah of her husband with, the wheat of her Fitrah and gave it to a Faqeer, and the husband had, not commanded her to mix them together, then in this situation the, wife’s Fitrah is discharged and the husband’s Fitrah is not discharged,, unless the tradition of mixing them is common practice (i.e. the, norm), then in this case the husband’s will also be discharged. [Durr-eMukhtar, Raddul Muhtar, vol.2, pg.107], Law 35: If the wife authorised the husband to give her Fitrah, and he, , mixed her wheat with his wheat, and gave it to the Faqeer, intending, it for all, it is permissible. [Durr-e-Mukhtar, vol.3, pg.379], , Law 36: The recipients of Sadaqa e Fitr are the same as those who are, , the recipients of Zakaat. In other words, you may give Fitrah to those, to whom you may give Zakaat, and you are not permitted to give, Fitrah to those, to whom you are not permitted to give Zakaat, with, the exception of an ‘Aamil’ (Zakaat Collector appointed by the Islamic, Ruler), because he is permitted to accept Zakaat, but not Fitrah. [Durre-Mukhtar, Raddul Muhtar, vol.1, pg.108], Law 37: You may give Fitrah to the wife of your slave, even though, , you are liable for her provisions. [Durr-e-Mukhtar, vol.2, pg.108], , 148
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Vol.5 pg.149, , Chapter 3, Begging &, Asking For, Financial Aid, •, , Who May Seek Financial Aid, , 150, , •, , Hadith Pertaining to Beggars & Begging, , 151, , 149
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Vol.5 pg.150, , WHO MAY SEEK FINANCIAL AID (I.E. BEG), AND WHO MAY NOT?, In this day and age, we are faced with this common problem where, those who are fit enough to work and feed others have forsaken, themselves, thinking that what need is there to work and make effort, and face difficulties, when you are getting what you need without any, effort! They go out begging in an impermissible manner and then fill, their stomachs by way of begging., There are some amongst them that, leave alone labouring, they even, regard some small business effort as lowly and cheap, and they regard, begging, which is in reality shameless and disgraceful for such people,, to be deserving of respect., There are many who have made begging their profession. Such people, have thousands of rupees in their homes, and they deal in usury, (interest) and even do farming, but they do not leave begging., When they are told about this, they say, ‘It is our profession!’ Bravo, Sir! Do you want us to leave our profession? Whereas for such people, to beg is Haraam (forbidden), and it is impermissible for those who are, aware of their situation, to give them anything., Now take heed to few Ahadith (on the next page) and observe what, our Beloved Rasool ﷺsays about such beggars., , 150
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Vol.5 pg.151, , HADITH PERTAINING TO, BEGGARS & BEGGING, Hadith 1: It is reported in Bukhari and Muslim from Abdullah ibn, , Umar ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎthat Rasoolullah ﷺsaid that, man will continue, begging until he comes forth on the day of Qiyaamat, without even a, single piece of flesh on his face, in other words, he will come forth, completely shameless., Hadith 2-4: Abu Dawud, Tirmizi, Nasa’i and Ibn Hib’ban reported, , from Samurah bin Jundub ؓ◌ that Rasoolullah ﷺsaid, ‘Begging is a, type of abrasion (injury), whereby a man begs and pulls at his face, so, whosoever wishes to, he may leave this abrasion on his face and, whosoever wishes to, should abstain from it. Unless, a man asks his, right from the one in authority, or if he asks (begs) in a situation from, which he has no other option (then it is permissible).’, Similar narrations have been narrated by Imam Ahmed from Abdullah, ibn Umar ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎand by Tabrani from Jaabir bin Abdullah ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎ., Hadith 5: Baihaqi reported from Abdullah ibn Ab’bas ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎthat, , Rasoolullah ﷺsaid, ‘If a person begs from the people whereas he is, not afflicted by starvation, or he does not have as many children, whom he is not able to provide for, then on the day of Qiyaamat he, will come forth with no flesh on his face. Additionally, Huzoor ﷺ, , said, ‘One who is not faced with starvation or he does not have as, , many children whom he is not able to provide for, yet he opens the, door of begging, then Almighty Allah will open unto him the doors of, starvation, from such a place which is not even in his heart.’, , 151
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Vol.5 pg.153, Hadith 12: Abu Dawud, Ibn Hib’ban and Ibn Khuzaimah report from, , Suhail bin Hanzaliya ؓ◌ that Rasoolullah ﷺsaid, ‘A person who begs, even though he has enough to suffice for him, such a person wants, more fire.’ People asked, ‘What is the amount that a person should, have, over and above which he is not permitted to beg?’ He ﷺsaid, ‘A, meal for the morning and night.’, Hadith 13: Ibn Hib’ban reported in his Sahih from Ameer ul, , Mo’mineen Farooq-e-Azam ؓ◌ that Rasoolullah ﷺsaid, ‘One who asks, from the people (i.e. begs) so that he may increase his wealth, then, that is the intensely hot rock of Jahanum, so it is now up to him,, whether he asks for less or whether he asks for more.’, Hadith 14 & 15: Imam Ahmed, Abu Ya’la and Baz’zaz have reported, , from Abdu Rahmaan ibn Auf ؓ◌ and Tabrani reported in Sagheer from, Ummul Mo’mineen Umme Salma ر�� اﷲ �ﻌﺎ�� ﻋﻨهﺎthat Rasoolullah ﷺsaid,, ‘Giving Sadaqa does not cause one’s wealth to diminish, and by, forgiving your rights, Allah will increase the honour of a servant on, the day of Qiyaamat, and a servant will not open the door of begging,, but Allah will open upon him the door of dependency.’, Hadith 16: Muslim, Abu Dawud and Nasa’i report from Qubaysa bin, , Makhariq ؓ◌. He says, ‘Once I was liable for compensation. I went to, Rasoolullah ﷺand asked (for assistance), so He ﷺsaid, ‘Wait here!, When some amount of Sadaqa comes to me, I will give the command, in your case.’ He ﷺthen said, ‘O Qubaysa! It is not Halaal to ask (i.e., beg) except in three things;, , 1. If someone stands as a guarantor (i.e. if he stood as guarantor of, , Diyat, i.e. blood money on behalf of any nation, or if he stood as an, arbitrator in an internal dispute and took guarantee for any wealth, 153
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Vol.5 pg.154, , involved in it), so in this case he is allowed to ask until such time that, he receives that amount, and he should then abstain., 2. If a person faced such a calamity which destroyed his wealth, then, in this case he may ask help until he is able to have enough to survive, comfortably., 3. If someone is faced with starvation, and three intellects from his, community bear testimony that such and such person is afflicted by, starvation, so in this case it is Halaal for him to ask for help (i.e. to, beg), until such time that he gets sufficient to survive comfortably., O Qubaysa! With the exception of these three things, it is Haraam to, beg for anything else, for the one who begs (for other than this) is, eating Haraam.’, Hadith 17 & 18: Imam Bukhari and Ibn Majah have reported from, , Zubair bin Aw’wam ؓ◌ that Rasoolullah ﷺsaid, ‘If a person takes with, him a rope and carries a bundle of wood on his back and then sells it,, and Allah saves his face from the embarrassment of begging; then this, is better than begging from the people, even if the people give him, anything or not.’, A similar narration is reported by Imam Bukhari, Imam Muslim, Imam, Malik, Tirmizi and Nasa’i from Abu Hurairah ؓ◌., Hadith 19: Imam Malik, Imam Bukhari, Muslim, Abu Dawud and, , Nasa’i reported from Abdullah ibn Umar ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎthat Rasoolullah ﷺ, was on the pulpit and was advising with regards to abstaining from, (asking for) Sadaqa and financial Aid (begging). He ﷺsaid, ‘The upper, 154
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Vol.5 pg.155, , hand is better than the lower hand. The upper hand is that of the, giver and the lower hand is that of the beggar.’, Hadith 20: Imam Malik, Bukhari, Muslim Abu Dawud, Tirmizi and, , Nasa’i report from Abu Sa’eed Al Khudri ؓ◌ that some people from the, Ansaar asked financial aid from Rasoolullah ﷺ, so He ﷺblessed them, with it. They asked again, and Rasoolullah ﷺblessed them with it, again. Then again they asked and Rasoolullah ﷺblessed them with it, once more, until such time that the wealth which was with (in the, care of) Rasoolullah ﷺwas finished. He ﷺthen said, ‘Whatever, wealth I have with me, I will not hold it back from you, and those, whom Allah will save, are those who wish to be saved from begging;, and the one who wishes to become wealthy, Allah will make him, wealthy, and for the one who wishes to be patient, Allah will grant, him patience, and there is nothing greater than patience, and none, has received a gift greater than patience.’, Hadith 21: Hazrat Ameer ul Mo’mineen Farooq-e-Azam, , states, that greed is dependency, and despondency is richness. When a, person becomes despondent over something, he does not bother, about it (any longer)., ؓ◌, , Hadith 22: Imam Bukhari and Imam Muslim report from Farooq-e-, , Azam ؓ◌ that he says, ‘If Huzoor ﷺwould have given me (this, financial aid), I would have said, give it to someone who is needier of it, than me. He said, ‘Take it and make it yours, and spend it in goodness., In addition, take that wealth which comes to you without you having, to ask for it, and which comes to you without greed, and do not chase, behind that which does not come to you.’, , 155
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Vol.5 pg.156, Hadith 23: Abu Dawud reports from Anas, , that an Ansari, presented himself before Nabi ﷺand asked for some financial aid. He, ﷺsaid, ‘Do you have nothing in your home?’ He said, ‘There is. We, have sackcloth, one portion of which we cover ourselves with and the, other portion of which we lay. There is also a wooden cup which we, use to drink water.’ He ﷺsaid, ‘Bring both of them to me.’ He brought, both of these. Rasoolullah ﷺtook it in His Blessed Hands and said,, ‘Who will buy this?’ A person said, ‘I will buy it for one Dirham.’ He ﷺ, said, ‘Who will give more than one dirham for it?’ He ﷺmentioned, this, two or three times, so another person said, ‘I will buy it for two, Dirhams.’ He ﷺhanded over both these items to him and took the, two dirhams. He ﷺthen handed the two dirhams over to the Ansari, and said, ‘Purchase grain with one dirham and leave it at home, and, with the other one dirham purchase a hatchet and bring it to me.’ He, did so and brought it to Rasoolullah ﷺ. Rasoolullah ﷺattached a, handle to it with His Blessed Hands and then said, ‘Go and cut wood, and sell it, and you should not be seen here for fifteen days (in other, words, do not come here for 15 days). He went out and began cutting, and selling the wood. Now, when he returned (after 15 days), he had, with him ten Dirhams. With few dirhams he purchased fabric and with, few he purchased grain (food). Rasoolullah ﷺsaid, ‘This is better than, that asking for financial aid, which will appear on your face as a blister, on the day of Qiyaamat. To ask financial aid (beg) is not proper but for, three people; one who becomes so dependent (in need) that it grounds, him; or for a person who is liable for compensation which will cause, him embarrassment (if not paid), or for a person who is guarantor for, blood money, which will cause him harm (if not paid).’, , 156, , ؓ◌
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Vol.5 pg.157, Hadith 24 & 25: Abu Dawud and Tirmizi with the with the merit of, , a Sahih and Hasan narration, and Haakim with the benefit of merit of, a sound narration, report from Abdullah bin Mas’ud ؓ◌ that, Rasoolullah ﷺsaid, ‘One who is afflicted by starvation and he, mentioned it to the people, then his starvation will not be terminated., In addition, if he had asked from Allah, then Allah would soon allow, him to become independent, by either giving him death swiftly, or, allowing him to become wealthy swiftly.’, The narration of Tabrani is from Abu Hurairah ؓ◌ that Rasoolullah ﷺ, said, ‘One who is hungry and needy, but hid this from the people and, asked from Allah, then it is the Divine Right of Allah that He will make, abundant unto him the sustenance for one year.’, Some people who ask financial assistance (or beg) usually say, ‘Give, for the sake of Allah! Give in Allah’s Name! Whereas to say this, has, been strictly disallowed. One who does this has been mentioned to be, accursed in one Hadith, and in one Hadith such people have been said, to be the worst amongst the creation. If someone does ask in this, manner, then if he is not asking for something bad, or the question, itself is not offensive (in other words for such a person to seek, financial aid, who is a solvent person, or a fit and healthy person who, has the ability to earn), and one is able to fulfil the request of the, person without any difficulty, then to fulfil it (i.e. give the assistance), is from good ethics, so that based on the apparent context of the, Hadith, he too does not become deserving of the warning in the, Hadith. If the one asking assistance is a professional beggar, then he, should not be given anything. It should also be noted that one should, not beg in the Masjid, especially by walking over the necks of the, people on Friday, as to do this is Haraam. Some Ulama have, mentioned that if you give one cent to a person begging in the Masjid,, 157
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Vol.5 pg.158, , you should give a further seventy cents Khayraat (for some goodness), as compensation for giving that one cent. Hazrat Maula Ali �م اﷲ وﺟہہ ا��ﻳﻢ, , saw a person begging on the day of Arafat on the plains of Arafat. He, had him flogged and said, ‘On a day like this, and in such a place, you, are begging from other than Allah!’, After examining these few Ahadith, one will realise that to seek, financial aid (or beg without valid reason) is a very disgraceful act., One should never ask for financial assistance without real need, and, even in the time of need one should take heed to those things which, have been disallowed. If one is really in a situation where he is forced, to seek financial assistance, then in such a case he should not, exaggerate, wherein you do not leave the person without taking all, that you want, as this too has been disallowed., , 158
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Vol.5 pg.159, , Chapter 4, Nafil Sadaqaat, (Optional Charity), , 159
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Vol.5 pg.160, , To spend in the way of Allah is a very blessed and virtuous action., What use is your wealth if it does not give you any real benefit? Only, that is of benefit to you, which you ate, wore or spent for your, hereafter, and not that which you hoarded and left for others. Take, heed to few Ahadith concerning this, and try to act upon them. Allah, is the One who gives Divine Guidance., , HADITH PERTAINING TO NAFIL CHARITY, Hadith 1: It is reported in Sahih Muslim Shareef from Abu Hurairah, , that Rasoolullah ﷺsaid, ‘A servant says, my wealth! My wealth!, Whereas he only benefits from three things in his wealth, that which, he ate and finished; or that which he dressed in, and wore out, or that, which you spent and stored for the hereafter, and with the exception, of this (it is of no use to you), because you are to proceed (into the, hereafter) and leave it to others.’, , ؓ◌, , Hadith 2: Bukhari and Nasa’i report from Ibn Mas’ud, , ؓ◌, , that, Rasoolullah ﷺsaid, ‘Who is it from amongst you, who loves the, wealth of his heirs more than his own wealth?’ The Sahaba said, ‘Ya, Rasool’Allah ﷺ, there is none from amongst us whose wealth is not, more beloved to him.’ He ﷺsaid, ‘Your wealth is that, which you have, already sent forth, and whatever you have left behind is the wealth of, your heirs.’, Hadith 3: Imam Bukhari reports from Abu Hurairah, , ؓ◌, , that, Rasoolullah ﷺsaid, ‘If I had gold equivalent to (the mountain, of) Uhad, it would not please me that it should remain with me for, more than three nights, except an amount that I would keep for, repaying any debts I may have.’, 160
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Vol.5 pg.161, Hadith 4 & 5: It is reported in Sahih Muslim from him (i.e. Abu, , Hurairah ؓ◌) that Rasoolullah ﷺsaid, ‘There is not a day, wherein two, Angels do not descend, and one from amongst them says, ‘O Allah!, Recompense those who spend!,’ and the other (Angel) says, ‘O Allah!, Ruin his wealth.’’, A similar narration has been narrated by Imam Ahmed, Ibn Hib’ban, and Haakim from Abu Dardah ؓ◌., Hadith 6: It is reported in Sahihain that Rasoolullah, , said to, Asma’ ‘ ر�� اﷲ �ﻌﺎ�� ﻋﻨهﺎSpend and do not compute; otherwise, Allah will give, you in limit, and do not stop (giving) or Allah will also with-hold (His, Blessings) upon you. Spend (in the way of Allah) as much as you can, afford.’, ﷺ, , Hadith 7: It is reported in Sahihain from Abu Hurairah, , that, Rasoolullah ﷺsaid, ‘Almighty Allah said, ‘O Ibn Adam! Spend (in My, way) and I will spend (i.e. shower blessings) upon you.’’, ؓ◌, , It is in Sahih Muslim and Sunan Tirmizi from Abu, Umama ؓ◌ that Rasoolullah ﷺsaid, ‘O Ibn Adam! To spend (in Allah’s, way) from your surplus (funds) is best for you, and to with-hold it is, harmful to you, and there is no censure on the one who with-holds, out of necessity, and start with them, who are in your care.’, Hadith 8:, , Hadith 9: It is reported in Sahihain from Abu Hurairah, , that, Rasoolullah ﷺsaid, ‘The example of a miser and of a person who, gives Sadaqa are like those two people who are clad in metal armour, and their hands are tied to their chest and neck. Therefore, when the, person who gave Sadaqa, distributed the Sadaqa, his armour became, lose (spacious), and when the miser intends to give Sadaqa then every, 161, , ؓ◌
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Vol.5 pg.162, , link (of the armour) holds tightly in its place, so that even if he wishes, to spread, it will not allow him the space (to do so).’, Hadith 10: It is reported in Sahih Muslim from Jabir, , that, Rasoolullah ﷺsaid, ‘Abstain from oppression, because on the Day of, Qiyaamat oppression will bring darkness and abstain from miserliness, as miserliness destroyed the past nations. It is the same miserliness, which drove them to shed blood (kill) and drove them to consider that, which is Haraam to be Halaal.’, ؓ◌, , Hadith 11: It is reported in Sahih Muslim from Abu Hurairah, , ؓ◌, , that a person asked, ‘Ya Rasool’Allah !ﷺWhich Sadaqa is most, rewarding (i.e. when is it best to give Sadaqa)?’ He ﷺsaid, ’You, should give Sadaqa (when you are) healthy and tight-fisted, and when, you are troubled by the fear of poverty, and when you are hoping to, become rich (meaning that to give Sadaqa when in this condition is, best), and you must not delay (your Sadaqa to such length) that your, soul has entered your throat (i.e. you are about to die), and then only, do you say, Give this much to so and so, and this much to so and so,, and this much is already in the possession of so and so (i.e. for the, heirs).’, Hadith 12: It is in Sahihain from Abu Zarr, , He says, ‘I presented, myself before Rasoolullah ﷺand Rasoolullah ﷺwas sitting in the, shade of the Kaaba. On seeing me, He ﷺsaid, ‘I swear an Oath by the, Rub of the Kaaba! They are in loss!’ I said, ‘My parents be sacrificed, upon you O Nabi !ﷺWho are these people?’ Rasoolullah ﷺsaid that,, the very wealthy ones; except for those (amongst them) who do like, this, and like this, and like this; to the front, to the back, to the right, and to the left. In others words, those who spend in every instance, and such people are very few., 162, , ؓ◌.
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Vol.5 pg.163, Hadith 13: It is in Sunan Tirmizi from Abu Hurairah, , that, Rasoolullah ﷺsaid, ‘A generous man is close to Allah, close to Jannat,, close to the people, and distant from hell-fire; and a miser is distant, from Allah, distant from Jannat, distant from the people and close to, hell-fire; and an ignorant generous man is more beloved to Allah, than, a miserly worshipper.’, ؓ◌, , Hadith 14: It is in Sunan Abu Dawud from Abu Sa’eed Al Khudri ؓ◌, , that Rasoolullah ﷺsaid, ‘For a person to give one dirham Sadaqa in, his life (i.e. in good health) is better than giving ten dirhams at the, time of his death.’, Hadith 15: Imam Ahmed, Nasa’i, Daarimi and Tirmizi report from, , Abu Dardah ؓ◌ that Rasoolullah ﷺsaid, ‘A person who gives Sadaqa or, frees (a slave) near the time of his death, is like that person, who only, gives a gift when he has become well-to-do.’, Hadith 16: It is in Sahih Muslim from Abu Hurairah, , that, Rasoolullah ﷺsaid, ‘A person was in the wilderness and a he heard a, voice from the clouds saying to him, ‘Water the orchard of such and, such person!’ The cloud moved to one corner and it rained over a, rocky area, and all the water went into a trench. That person then, followed the water. He then saw a person standing in his orchard,, using a hoe to divert the water. He said, ‘O servant of Allah! What is, your name?’ He said, Such and such name. It was the same name, which he heard from the clouds. He said, ‘O servant of Allah! Why do, you ask my name?’ He said, ‘I heard a voice from the cloud which, rained down this water that it said to me using your name, Water the, orchard of such and such person. I would like to know, what is it that, you do (through which water is sent down by taking your name)?’ He, answered, ‘From whatever is cultivated, I give on third of it away as, 163, , ؓ◌
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Vol.5 pg.164, , Khayraat (i.e. in goodness), and one third my family and I eat, and I, keep one third for re-cultivation.’, Hadith 17: It is in Sahihain from Abu Hurairah, , that Rasoolullah, ﷺsaid, ‘There were three persons in Bani Isra'eel, one suffering from, leprosy, the other bald-headed and the third one blind. Allah willed to, test them. Therefore, He sent an Angel who came to the one who was, suffering from leprosy and said, ‘What do you like most?’ He said,, ‘Attractive colour and fine skin and the elimination of that which, makes me detestable in the eyes of people.’ The Angel ran his hand, over him and his illness was no more and he was given attractive, colour and beautiful skin. The Angel again said, ‘Which materialistic, item do you like most?’ He said, ‘Camels’, or he said, ‘The Cow, (however, the narrator is doubtful about it, but from amongst the one, suffering from leprosy and the one suffering from baldness one of, them definitely said, The camel and the other said, The Cow).’ In, addition, he was given a she-camel, in a progressive stage of, pregnancy, and while giving it to him he said, ‘May Allah bless you in, this.’ He then came to the bald-headed person and said, ‘What do you, like most?’ He said, ‘Beautiful hair and removal of (this baldness) from, me, due to which people dislike me.’ The Angel ran his hand over him,, and his illness was gone, and he was given beautiful hair, and the, Angel said (to him), ‘Which materialistic item do you like most?’ He, said, ‘The Cow.’ Therefore, he was given a pregnant cow, and while, giving it to him the Angel said, ‘May Allah bless you in this.’ He then, came to the blind man and said, ‘What do you like most?’ He said, ‘(I, prefer that) Allah should restore my eyesight so that I may be able to, see the people.’ He ran his hand over him and Allah restored his, eyesight, and the Angel then said, ‘Which materialistic item do you, like most?’ He said, ‘a flock of goats.’ Therefore, he was given a, pregnant goat and so the camel, the cow and the goat all gave birth to, 164, , ؓ◌
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Vol.5 pg.165, , young. It so happened, that for one, the entire valley flourished with, camels and for the other one, the entire valley flourished with cows, and for the third one, the entire valley flourished with goats. The, Angel then approached the person who was (initially) suffering from, leprosy. The Angel appeared to him in his (initial) form (i.e. in the, form of a leper) and he said, ‘I am a poor man and I have run out of, provisions on my journey, and there is no way that I can reach my, destination except with the help of Allah and through your assistance., I beg of you in His Name Who blessed you with this attractive colour, and fine skin, and granted you this wealth, that you may assist me, with a camel which will take me to the end of my journey.’ He said, ‘I, have too many responsibilities to fulfil.’ The Angel then said, ‘It seems, as if I recognise you. Were you not suffering from leprosy and people, hated you and were you not destitute and Allah blessed you with, wealth?’ He said, ‘I have inherited this property from my forefathers, one generation after the other.’ The Angel said, ‘If you are a liar, may, Allah revert you to your previous condition!’ The Angel then, approached the person who was initially bald-headed, in his initial, form, and he said to him the same what he had said to him (i.e. to the, leper) and he (the bald-headed man) gave him the same reply as he, (the leper) had given him, so the Angel said, ‘If you are a liar, may, Allah revert you to your previous condition.’ The Angel then, approached the person who was previously blind, in his (initial) form, and he said, ‘I am destitute and a wayfarer. I have run out of my, provisions, and today I have no way to reach my destination but with, the help of Allah and then with your assistance, and I beg of you in the, Name of the One Who restored your eyesight that you may give me a, goat, through which I may be able to reach my destination on this, journey.’ He said, ‘I was blind and Allah returned to me my eyesight;, take whatever you wish to and leave (for me) whatever you wish to., By Allah! I shall not stand in your way today for whatever you take in, 165
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Vol.5 pg.166, , the Name of Allah.’ The Angel said, ‘Keep with you whatever you have, in your possession.’ The fact of the matter is that this was a test for, the three of you. You have earned the pleasure of Allah, and they have, earned the displeasure of Allah.’, Hadith 18: Imam Ahmed, Abu Dawud and Tirmizi report from, , Umme Bajeed ر�� اﷲ �ﻌﺎ�� ﻋﻨهﺎwherein she says, ‘A Miskeen stands at my door, and I feel ashamed that I have nothing in my home which I can give, him.’ He ﷺsaid, ‘Give him something, even if it is a burnt hoof.’, Hadith 19: Baihaqi reported in Dala’il un Nubuw’wat that a piece of, , meat was presented as a gift to Ummul Mo’mineen Umme Salma, , رﯽﺿ اﷲ, , and Rasoolullah ﷺenjoyed meat. She asked the servant to keep, it in the house, because Rasoolullah ﷺwill probably have it. She kept, it in the cupboard. A beggar appeared at the door and said, ‘Give some, Sadaqa and Allah will bless you with Barakah.’ The people (in the, house) said, ‘Allah bless you with Barakah (i.e. this is said when there, is nothing to give), so the beggar left.’ Rasoolullah ﷺthen arrived (at, Umme Salma’s )ر�� اﷲ �ﻌﺎ�� ﻋﻨهﺎhome and said, ‘Is there something to eat at, your place?’ Ummul Mo’mineen ر�� اﷲ �ﻌﺎ�� ﻋﻨهﺎsaid, ‘Yes (there is)’, and she, asked the servant to bring out the meat. She went to get it and found a, piece of rock in the cupboard (instead of the meat). Rasoolullah ﷺ, said, ‘As you had not given it to the beggar, the meat turned into (a, piece of) rock.’, �ﻌﺎ�� ﻋﻨهﺎ, , Hadith 20: Baihaqi reports in Sha’bul Imaan from Abu Hurairah ؓ◌, , that Rasoolullah ﷺsaid, ‘Generosity is a tree in Jannat, which is, generous. If you held onto its branch, that branch will never leave, you, until such time that you enter Jannat, and miserliness is a tree in, Hell, which is miserly, and if you held on to its branch, that branch, will not release him, until it enters him into Hell.’, 166
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Vol.5 pg.167, Hadith 21: Razeen reported from Ali, , that Huzoor ﷺsaid, ‘Be, swift in (giving) Sadaqa. Misfortune (i.e. calamity) does not leap over, Sadaqa.’, ؓ◌, , Hadith 22: It is in Sahihain from Abu Musa Ash’ari, , that, Rasoolullah ﷺsaid, ‘Sadaqa is upon every Muslim.’ People asked, ‘If, we do not have anything?’ He ﷺsaid, ‘Work with your hands, and, benefit yourself and also give Sadaqa.’ They said, ‘If we do not have, the means to do so, or do not?’ He ﷺsaid, ‘He should then assist a, person in need who is troubled.’ They said, ‘If he does not do this as, well?’ He ﷺsaid, ‘He should then command what is righteous.’ They, said, ‘And if he is unable to do this as well?’ He ﷺsaid, ‘Abstain from, ‘Shar’ (creating disruption) as this (by itself) will be regarded as his, Sadaqa.’’, , Hadith 23: It is in Sahihain from Abu Hurairah, , ؓ◌, , that Rasoolullah, ﷺsaid, ‘To administer justice between two people is Sadaqa; to assist, a man in mounting his beast (steed) or to assist him to load his, luggage upon it is Sadaqa; and (to say) a good word is Sadaqa; and, every step which on takes towards Namaaz is Sadaqa; and to remove, some harmful thing from the road is Sadaqa.’, ؓ◌, , Hadith 24: It is in Sahih Bukhari and Muslim from Anas, , ؓ◌, , that, Rasoolullah ﷺsaid, ‘If a person plants trees or grows an orchard, and, if some person, bird or animal eats out of it, then this is Sadaqa for, him.’, Hadith 25 & 26: Sunan Tirmizi reports from Abu Zarr, , ؓ◌, , that, Rasoolullah ﷺsaid, ‘To smile in the presence of your brother is also, Sadaqa, to command goodness is also Sadaqa, to forbid someone from, wrong is also Sadaqa. To show the way to someone who has lost his, 167
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Vol.5 pg.168, , way is also Sadaqa, to assist one who has weak eyesight is also Sadaqa,, to remove rocks, thorns and bones from the road is also Sadaqa. To, pour water from your bucket into the bucket of your brother is also, Sadaqa.’, A similar narration has been reported by Imam Ahmed and Tirmizi, from Jaabir ؓ◌., , Hadith 27: It is in Sahihain from Abu Hurairah, , that Rasoolullah, ﷺsaid, ‘A branch of a tree was in the middle of the road, so a Muslim, went forth and said, ‘I will remove this from the path of a Muslim, so, that it may not harm him, so he (that person) was entered into, Jannat.’’, ؓ◌, , Hadith 28: Abu Dawud and Tirmizi report from Abu Sa’eed Al, , Khudri ؓ◌ that Rasoolullah ﷺsaid, ‘Allah will dress that Muslim with, the green robes of Jannat, who clothes an unclothed Muslim; and, Allah will feed that Muslim with fruits, who feeds some food to a, hungry Muslim; and Allah will quench a Muslim with Raheeq Al, Makhtoom (the pure drink of Jannat, also known as the ‘Sealed, Nectar’), who feeds water to another Muslim.’, , Hadith 29: Imam Ahmed and Tirmizi report from Hazrat Ibn Ab’bas, , that Rasoolullah ﷺsaid, ‘If a Muslim clothes another, Muslim, then until such time that even one patch from that is still on, that person, he (the giver) will be in the Divine Protection of Allah.’, ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎ, , Hadith 30 & 31: Tirmizi and Ibn Hib’ban reported from Anas, , ؓ◌, , that Rasoolullah ﷺsaid, ‘Sadaqa extinguishes the Wrath of Allah, and, it wards off a bad death.’, 168
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Vol.5 pg.169, , A similar narration is reported from Hazrat Abu Bakr Siddique ؓ◌ and, other Sahaba e Kiraam ر�ي اﷲ �ﻌﺎ ٰ�ي ﻋﻨہﻢ, Hadith 32: Tirmizi has reported with the merit of accuracy from, , Ummul Mo’mineen Siddiqa ر�� اﷲ �ﻌﺎ�� ﻋﻨهﺎthat the people sacrificed a goat, (so) Rasoolullah ﷺsaid, ‘What is left of it?’ They said, ‘With the, exception of the shoulder, nothing else is remaining.’ He ﷺsaid, ‘All, of it remains, except its shoulder.’, Hadith 33: Abu Dawud, Tirmizi, Nasa’i, Ibn Khuzaimah and Ibn, , Hib’ban report from Abu Zarr ؓ◌ that Rasoolullah ﷺsaid, ‘There are, three (types of) people whom Allah loves, and there are three (types of, people) whom Allah dislikes. From those whom Allah loves is that, person who comes to the people and asks (for some assistance) for the, sake of Allah and not because of his relationship between him and, them, but they do not give him (any assistance). Then one person, from amongst them stayed behind and gave the person (what he, needed) in secrecy, and none knew of this except Allah and the one, whom he gave it to. (In addition) A nation who travel the entire night,, until sleep becomes dearer to them than anything, so all of them lay, down their heads (i.e. went to sleep). From amongst them, one person, got up and started making Dua, and he recited the Ayats of Allah. (In, addition) One person was on a (military) expedition, and he faced the, enemy and they were overpowered. This person went forward, until, he was killed or blessed with victory; and the three (persons) whom, Almighty Allah dislikes, is an old man who commits adultery, a poor, man who is arrogant, and a wealthy man who is unjust.’, Hadith 34: Tirmizi reported from Anas ؓ◌ that Rasoolullah ﷺsaid,, , ‘When Almighty Allah created the earth, it began to tremble, so Allah, created the mountains and placed them on it, so the earth became, 169
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Vol.5 pg.170, , stable. The Angels were astonished at the strength of the mountains., They said, ‘O Allah! Is there anything in your creation which is, stronger than a mountain?’ Almighty Allah said, ‘Yes, Iron.’ They said,, ‘Is there something stronger than iron?’ Almighty Allah said, ‘Yes,, Fire.’ They said, ‘Is there something stronger (more powerful) than, fire?’ Allah said, ‘Yes, water.’ They said, ‘Is there something more, powerful than water?’ Allah said, ’Yes, the wind.’ They said, ‘Is there, something more powerful than the wind?’ Almighty Allah said, ‘Yes,, Ibn Adam (a man) who gives Sadaqa with his right hand and even, hides this (deed) from his left hand.’, Hadith 35: Nasa’i reported from Abu Zarr, , that Rasoolullah ﷺ, said, ‘A Muslim who spends from all of his wealth on a pair of things,, in the way of Allah, will be welcomed by the Gatekeepers of Jannat., Each of them will call him towards what he has (of reward).’ I said,, ‘How will that be (i.e. how can he spend on a pair?’ He ﷺsaid, ‘If he, gives camels, he gives two camels, and if he gives cows, he gives two, cows.’, ؓ◌, , Hadith 36: Imam Ahmed, Tirmizi and Ibn Majah have reported, , from Muadh ibn Jabl ؓ◌ that Rasoolullah ﷺsaid, ‘Sadaqa removes, errors (shortcomings) just as water extinguishes fire.’, Hadith 37: Imam Ahmed reports from few Sahaba ر�ي اﷲ �ﻌﺎ ٰ�ي ﻋﻨہﻢthat, , Rasoolullah ﷺsaid, ‘The shade of a Muslim on the Day of Qiyaamat is, his Sadaqa.’, , Hadith 38: It is reported in Sahih Bukhari from Abu Hurairah and, , Hakeem bin Hizaam ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎthat Rasoolullah ﷺsaid, ‘The best, Sadaqa is that which is given by a wealthy person, (in other words,, 170
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Vol.5 pg.171, , after what is left from his expenses), and start with your dependants, (i.e. give first to them and then to others).’, Hadith 39: It is reported in Sahihain from Abu Mas’ud, , that, Rasoolullah ﷺsaid, ‘Whatever a Muslim spends on his family with the, intention of (attaining) reward, is also Sadaqa.’, ؓ◌, , Hadith 40: It is in Sahihain from Zainab the wife of Abdullah ibn, , Mas’ud ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎthat she had someone ask Rasoolullah ﷺ, ‘Is it, sufficient to give Sadaqa to your husband and to orphan children who, are in your care?’ He ﷺsaid, ‘There is a double reward in giving to, them. One reward for kinship and one reward for the Sadaqa.’, Hadith 41: Imam Ahmed, Tirmizi, Nasa’i, Ibn Majah, and Daarimi, , have reported from Sulayman bin Aamir ؓ◌ that Rasool ﷺsaid, ‘To, give Sadaqa to a Miskeen (needy person) is only Sadaqa, and to give, Sadaqa to your relative, is Sadqa and also kinship (i.e. kindness to, relatives).’, Hadith 42: Imam Bukhari and Muslim have reported from Ummul, , Mo’mineen Siddiqa ر�� اﷲ �ﻌﺎ�� ﻋﻨهﺎthat Rasoolullah ﷺsaid, ‘If a woman, gives away some of the food from her home, (with goodness) and not, to spoil it, then there is reward in giving this, and the husband will, attain the reward for earning, and even the fund manager will receive, the same.’, It is fact that the women do give away (food), and the husband does, not object to this, and this should be to the extent to which it is, acceptable. For example, if she gives away one or two rotis, just as it is, common in India (etc.). However, if the husband has forbidden her, 171
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Vol.5 pg.172, , from doing this, and it is not the practice (i.e. the norm) there, then in, this case it is not permissible for her to give (the food) away., It is (also) reported in Tirmizi from Abu Umama ؓ◌ that Rasoolullah, ﷺsaid in his ‘Farewell Sermon’ that this is very good wealth., Hadith 43: It is in Sahihain from Abu Musa Ash’ari, , that, Rasoolullah ﷺsaid, ‘A trustworthy Muslim store-man who fulfils the, orders (of his employer) and pays in full what he has been asked to, pay out, is regarded as one of two people who gave Sadaqa.’, ؓ◌, , Hadith 44: It is reported in Haakim and Tabrani Awsat from Abu, , Hurairah ؓ◌ that Rasoolullah ﷺsaid, ‘One morsel of bread and a, handful of dates or anything which is similar to it by which a Miskeen, is benefitted; then by virtue of this, Almighty Allah will enter three, people into Jannat; one, is the head of the house who commanded this;, second, is his wife who prepares it, and third is the servant who, delivers it to the Miskeen.’ Rasoolullah ﷺthen said, ‘Praise be to, Allah who did not even leave out our servants.’, Hadith 45: Ibn Majah reported from Ibn Abdullah, , The, narrator says that Rasoolullah ﷺsaid in the Khutbah (Sermon), ‘O, People! Turn towards Allah before you die, and before becoming, occupied, strive towards performing good deeds, and increase the, closeness between you and your Rub by giving Sadaqa openly and in, secrecy, so you will be blessed with sustenance (abundantly), and you, will be assisted, and your failures will be distanced.’, ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎ., , Hadith 46: It is in Sahihain from Adi bin Haatim ؓ◌ that Rasoolullah, , said, ‘Allah Almighty will converse with every one of you. There, will be none between Him and Almighty Allah. When he looks towards, , ﷺ, , 172
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Vol.5 pg.176, , Chapter 5, Fasting, •, , Virtues of Fasting in the Light of Qur’an, , 177, , •, , Virtues of Fasting in the Light of Hadith, , 179, , •, , Laws of Jurisprudence, , 189, , •, , Sighting of the Moon, , 202, , •, , Acts Which Do Not Break the Fast, , 215, , •, , Acts Which Break the Fast, , 222, , •, , Situations when only Qaza is Necessary, , 228, , •, , Situations when Kaffarah is Also Necessary, , 234, , •, , Makruh Actions of Fasting, , 241, , •, , Sehri and Iftaar, , 248, , •, , When is one exempted from Fasting?, , 252, , •, , The Virtues of Nafil Fasts, , 264, , •, •, •, •, •, •, , The Fast of Aashurah (The 10th of Muharram), The Fast of Arafah (The 9th of Zil Hijjah), The Six Fasts of Shawwal, The Fasts of Sha’baan, Ay’yaam e Baydh, Fasting on Mondays and Thursdays, , 264, 265, 265, 266, 268, 269, , •, , The Fasts of Nazar (Man’nat – Vows), , 272, , 176
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Vol.5 pg.178, , same number of fasts in other days; and for those who do not have the, strength to do so, he must feed a destitute person in lieu of it; so, whosoever does more virtuous deeds on his own accord, then for him,, this is more beneficial; and fasting is more virtuous for you, if only, you know. The month of Ramadaan in which the Holy Qur’an was, revealed; (holds) guidance and (true) direction, and clear words of, judgement; so whosoever from amongst you observes this month, he, must surely fast; and whoever is ill or on a journey, he should (keep), the same number of fasts in other days; Allah Wills comfort for you,, and He does not Will suffering for you; so that you (easily) complete, the counting. And glorify Allah’s Divine Greatness, for having guided, you, and so that you may be grateful. (And O my Beloved !)ﷺWhen, My servants ask you about me, then indeed I am close. I answer (fulfil), the Dua (invocation) of the one who invokes Me, so they must obey, My Commands, and have Imaan (believe) in Me, so that they may, attain (the path of) Guidance. It is Halaal (lawful) for you to go your, wives during the nights of fasting; they are your garb and you are, their garb; Allah knows that you were deluding yourselves, so He, accepted your repentance, and pardoned you. Therefore now, be, intimate with them, and seek that which Allah has written in your, destiny. And eat and drink, until the white streak, becomes distinctly, visible to you from the streak of darkness (of True dawn, breaking, out); then until night appears, complete the fast. And, do not touch, women whilst you are performing I’tekaaf (in seclusion for Allah) in, the Masjid. These are the parameters set by Allah, so do not go to, them. In this way, Almighty Allah explains His Verses to the people, so, that they may reach piety. [Surah Baqarah, Verses 183-187], Fasting is a very blessed Ibaadat (worship). Many Ahadith have been, reported concerning the virtues of Fasting. Few from amongst them, are being quoted here., 178
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Vol.5 pg.179, , VIRTUES OF FASTING, IN THE LIGHT OF HADITH, Hadith 1: It in in Sahih Bukhari and Sahih Muslim from Abu, , Hurairahؓ◌ that Rasoolullah, doors of the sky are opened.’, , ﷺ, , said, ‘When Ramadaan arrives; the, , It is mentioned in one narration that the Doors of Mercy are opened,, and the Doors of Hell are shut, and the shaitaans are bound in chains, (shackles)., It is mentioned in the narration of Imam Ahmed, Tirmizi and Ibn, Majah that when the first night of Ramadaan arrives, the shaitaans, and mischievous Jins are imprisoned, and the doors of Jahanum are, shut, and not a single door of it is opened; and the Doors of Jannat are, opened, so not a single door of it is closed, and the announcer, announces, ‘O You who desire goodness! Take heed. (And) O’ you who, desire mischief! Abstain, and there are some who are released from, Jahanum, and this happens on every night.’, Imam Ahmed and Nasa’i have also reported from him (Abu Hurairah, ؓ◌) that Rasoolullah ﷺsaid, ‘Ramadaan has arrived. It is a month of, blessings. Allah has made its fasts Fard (obligatory) upon you. The, doors of the sky are opened in it, and the doors of hell are shut, and, the cursed shaitaans are shackled; and in it, there is a night which is, greater than a thousand months. One who is deprived from its, goodness, is undoubtedly deprived.’, Hadith 2: Ibn Majah reports for Anas, , who says, the month of, Ramadaan arrived, and Rasoolullah ﷺsaid, ‘This month has come,, and in it there is a night which is greater than a thousand months. He,, 179, , ؓ◌
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Vol.5 pg.180, , who is deprived of it, is deprived of everything, and only he will be, deprived of its goodness, who is completely deprived.’, Hadith 3: Baihaqi reports from Ibn Ab’bas, , who says,, ‘When the month of Ramadaan would come, Rasoolullah ﷺwould, free all the captives, and he would bless every person who requested, something.’, ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎ, , Baihaqi reports in Sha’bul Imaan from Ibn Umar, ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎthat Rasoolullah ﷺsaid, ‘Jannat is adorned from the, beginning of the year until the following year, for Ramadaan. When, the first day of Ramadaan arrives, a breeze blows from under the, leaves of Jannat, passing over the Maidens of Jannat. They say, ‘O Rab!, Make those men from amongst your servants our husbands, through, whom our eyes may become cool, and may their eyes be cooled, through us.’’, Hadith 4:, , Hadith 5: Imam Ahmed reports from Abu Hurairah, , that, Rasoolullah ﷺsaid, ‘This Ummat is pardoned on the final eve of, Ramadaan. It was asked, is that (Eve) the Eve of Qadr (laylatul Qadr)?’, He ﷺsaid, ‘No, but the labourers are given their full payment, only, when they complete their work (duties).’, ؓ◌, , Hadith 6: Baihaqi reports in Sha’bul Imaan from Salman Farsi, , ؓ◌, , who says, ‘Rasoolullah ﷺdelivered a sermon on the last day of, Sha’baan. (He ﷺsaid) O People! The month of excellence and, blessings has come to you, wherein there is a night which is greater, than a thousand months. Allah has made fasting in it Fard, and to, stand (i.e. perform Namaaz) during its nights is Tataw’wu (i.e. Sunnat)., One who does any good action in this month, it is as if he has, performed a Fard action during any other month, and one who, 180
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Vol.5 pg.181, , performs any Fard in this month, and then it is like performing, seventy Fard on any other day. This is a month of patience, and the, reward for patience is Jannat. This is a month of goodness and, compassion, and in this month the sustenance of a believer is, increased. There is forgiveness for the sins of the one who provides, Iftaar in (this month) for a fasting person, and his neck will be freed, from the fire (i.e. he will be released), and the one providing the Iftaar, will be rewarded equal to the one fasting person, without there being, any shortage in his reward. We said, ‘Ya Rasool’Allah ﷺ, not every, one of us is able to get that through which we may provide Iftaar (to, someone).’ Rasoolullah ﷺsaid, ‘Allah will (even) afford this reward to, a person who provides Iftaar (to the fasting person) with a sip of milk,, or a single date, or a single sip of water; and for the one who fed a, stomach full of food to a fasting person, (then) Allah will feed him, from my Haudh (pond), and he will never be thirsty again, and (in this, way) he will enter into Jannat. This is that month, the beginning of, which is Rahmat (Mercy), and the middle of which is Maghfirat, (forgiveness), and the end of which is salvation from the fire of Hell., One who lessens (the work) of his servant in this month, Allah will, forgive him, and free him from Jahanum.’, Hadith 7: It is in Sahihain, Sunan Tirmizi, Nasa’i and in the Sahih of, , Ibn Khuzaimah from Sahl bin Sa’ad ؓ◌ that Rasoolullah ﷺsaid, ‘There, are eight doors of Jannat. The name of one of its Doors is Ray’yan. Only, those who keep fast will enter through this door.’, Hadith 8: It is reported in Bukhari and Muslim from Abu Hurairah, , that Rasoolullah ﷺsaid, ‘One who remains standing (in Ibaadat), during the nights of Ramadaan, for the sake of Imaan and to attain, reward, his past sins will be forgiven; and the one who stands (in, , ؓ◌, , 181
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Vol.5 pg.182, , Ibaadat) on laylatul Qadr, for the sake of Imaan and to attain reward,, then his past sins will be forgiven.’, Hadith 9: Imam Ahmed and Haakim, and Tabrani has mentioned in, , Kabeer from Ibn Abid-Dunya ؓ◌, and Baihaqi has mentioned in Sha’bul, Imaan from Abdullah ibn Amr ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎthat Rasoolullah ﷺsaid,, ‘Fasting and the Qur’an will make Shafa’at (intercede) for a servant., His fasts will say, ‘O Rab! I held him back from eating and from his, desires during the day, (so) accept my intercession on his behalf.’ The, Qur’an will say, ‘O Rab! I held him back from sleeping at night (so), accept my intercession on his behalf.’ Both their intercessions will be, accepted.’, Hadith 10: It is in Sahihain from Abu Hurairah, , that Rasoolullah, ﷺsaid, ‘In reward for every good deed of a person, he is given a, reward which is more than ten, up to seven hundred. Almighty Allah, says, ‘Except for fasting, as that is for Me, and I will give its reward. My, servant abstains from his desires and from food for My sake.’ There, are two happy moments for a fasting person, one at the time of Iftaar,, and the other is when he meets with his Rab (Creator). In addition, the, odour from the mouth of a fasting person is more beloved to Allah, than the fragrance of musk. Also, fasting is a shield, and when a, person is fasting, he should neither speak vulgar words, and nor, should he yell, and if someone swears at him, or intends to pick a fight, with him, he should say, ‘I am Fasting!’’, ؓ◌, , Similar narrations have been reported by Imam Malik, Abu Dawud,, Tirmizi, Nasa’i and Ibn Khuzaimah., , 182
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Vol.5 pg.183, Hadith 11: It is reported in Tabrani Awsat and in Baihaqi from Ibn, , Umar ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎthat Rasoolullah ﷺsaid, ‘Near Allah, Deeds are of, seven types: Those who perform two Waajib actions, and the reward, of two are equal to it; and the reward of one action is tenfold, and the, recompense for one is seven hundred, and there is one such action, (deed), the reward of which only Allah Knows. Of those two who, perform Waajib deeds:, 1. The first is he, who meets with Allah in a condition, whereby he, made Ibaadat purely for Allah, and he did not associate any partners, with Allah. For him, Jannat is Waajib (compulsory)., 2. The second is he, who met with Allah in such a condition, that he, associated partners to Allah, so for him is Jahanum., 3. The one who did wrong will be punished accordingly, 4. The one who intended to do good, but did not do so, will also be, given one reward, 5. In addition the one who performed the good deed will receive, tenfold Thawaab, 6. And the one who spent in the way of Allah will receive the reward, of seven hundred (good deeds). For one dirham he will get (the reward, of) seven hundred dirhams, and for one dinar, he will receive the, Sawaab of seven hundred dinars, and fasting is for Allah, and none, except Allah knows its (true) reward., , 183
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Vol.5 pg.186, , sky are opened for it, and Almighty Allah says, ‘I swear by My Honour, and Majesty! I will definitely assist you, even if it is after a short time.’’, Hadith 29: Ibn Hib’ban and Baihaqi report from Abu Sa’eed Al, , Khudriؓ◌ that Nabi ﷺsaid, ‘The one who kept the fast of Ramadaan, and recognised its limitations, and he abstained from that which he, had to abstain from, then this is the compensation for whatever he did, in the past.’, , Ibn Majah reports from Ibn Ab’bas ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎthat, Rasoolullah ﷺsaid, ‘One who got the month of Ramadaan in Makkah, and kept fast, and stood (in Ibaadat) at night for as long as he was able, to, so compared to any other place, Almighty Allah will bless him with, the Sawaab of one hundred thousand Ramadaans, and he will attain, the Sawaab of freeing one neck (freeing a person) daily, and every, night he will attain the reward of freeing one neck, and daily he will, get the reward of saddling someone on a horse in Jihad. Also, during, every day virtuous deeds will be written (for him) and during every, night virtuous deeds will be written (for him).’, Hadith 30:, , Hadith 31: Baihaqi reports from Jaabir bin Abdullah, , that, Rasoolullah ﷺsaid, ‘My Ummat has been blessed with five things in, the month of Ramadaan, which was not given to any other Nabi before, Me., ؓ◌, , 1. When the first night of Ramadaan arrives, Almighty Allah places His, Divine Sight on them, and on whomsoever He places His Divine Sight,, he will never be punished., 2. The evening odour of their mouths is more beloved to Allah than, the fragrance of musk., 186
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Vol.5 pg.187, , 3. The Angels make Istighfar for them during every day and night (of, Ramadaan)., 4. Allah Almighty commands Jannat by saying, ‘Prepare yourself, and, adorn yourself for my servants, who will soon leave the exhaustion of, the world and come here to relax.’, 5. When the final night of Ramadaan dawns, He forgives them all., Someone asked, ‘Is that on the night of Qadr (Laylatul Qadr)?’ He ﷺ, said, ‘No! Did you not see that a labourer labours and only when he, completes his work, he receives payment (for his efforts)?’, Hadith 32 to 34: Haakim reported from Ka’ab bin Ujrah, , that, Rasoolullah ﷺsaid, ‘All of you gather near my Mimbar (pulpit)!’ We, all gathered there. When Rasoolullah ﷺascended onto the first step, of the Mimbar (Pulpit), He ﷺsaid, ‘Aameen.’ He ﷺthen ascended, onto the second step, and said, ‘Aameen.’ He ﷺthen ascended onto, the third step and (again) said, ‘Aameen.’ When He ﷺdescended from, the Mimbar we said, ‘Today we have heard from you ﷺsomething, which we have never heard before.’ He ﷺsaid, ‘Jibra’eel appeared, to me and said, ‘May that person be shunned, who attained the, Ramadaan and did not have himself forgiven.’ Therefore, I said,, ‘Aameen!’ When I ascended the second step, He said, ‘May that person, be shunned, before whom My Name (i.e. (Nabi ﷺName) is mentioned, and he does not send Durood upon me.’ I said, ‘Aameen!’ When I, ascended the third step, he said, ‘May that person be shunned who got, both his mother and father, or either one of them in their old age, but, he could not go into Jannat by serving them.’ Therefore, I said,, ‘Aameen!’’, 187, , ؓ◌
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Vol.5 pg.188, , Similar narrations were presented by Ibn Hib’ban from Abu Hurairah, ؓ◌ and Hasan bin Malik bin Huwairith ؓ◌., Hadith 35: Asbahani reported from Abu Hurairah ؓ◌ that, , Rasoolullah ﷺsaid, ‘When the first night of Ramadaan arrives,, Almighty Allah places his Divine Sight upon His creation, and when, Almighty Allah places His Divine Sight on any from amongst His, servants, He shall never punish him; and every day He frees one, million people from Jahanum, and when 29th night arrives, then He, frees on that night equal to all those whom he freed (for the entire, month). Then, when the night of Eid ul Fitr arrives, the Angels rejoice, and Allah manifests His Special Noor. He says to the Angels, ‘O, congregation of Angels! What is the recompense for the labourer who, has completed his work?’ The Angels say, ‘He should be given his full, recompense.’ Allah Almighty says, ‘I make you My witness, that I have, forgiven all of them.’’, Hadith 36: Ibn Khuzaimah reported a very lengthy narration from, , Ibn Mas’ud Ghiffari ؓ◌. In that Hadith it is also mentioned that,, , Rasoolullah ﷺsaid, ‘If only the servants really knew what Ramadaan, is, then My Ummah would have wished for Ramadaan to last for the, entire year.’, , Hadith 37: Baz’zaar, Ibn Khuzaimah and Ibn Hib’ban reported from, , Amr bin Mur’rah ؓ◌ that a person (once) said, ‘Ya Rasool’Allah ﷺtell, me, if I bear testimony that there is none worthy of worship except, Allah, and that you are the Rasool of Allah, and if I perform my five, daily Namaaz, and give my Zakaat, and if I fast in Ramadaan, and if I, remain standing (in Ibaadat) during the nights, then which category, of people will I be in?’ He ﷺsaid, ‘(you will be) from amongst the, Siddiqeen and the Shuhada.’, 188
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Vol.5 pg.189, , LAWS OF JURISPRUDENCE, According to the customary terminology of Shariah, ‘Fasting’ refers to, a Muslim purposely (intentionally) abstaining from eating, drinking or, sexual intimacy, from Subho Saadiq until sunset, with the intention of, Ibaadat (worshipping Allah). (In order to Fast), a female must be free, from Haidh (Menstruation) and Nifaas (post-natal bleeding). [General, Books of Fiqh, Tanweerul Absaar, vol.2, pg.110], Law 1: There are three levels of fasting:, , 1. The Fasting of the common folk: This is to withhold the stomach, and private parts from eating, drinking and sexually intimacy., 2. The Fasting of the (spiritually) Elite: With the exception of the, above, they protect their ears, eyes, tongues, hands, feet and their, entire body from sinful acts., 3. The Fasting of the (spiritually) Super Elite: they abstain from, everything which is not for the sake of Allah completely, and they, direct their attention only towards Him (Allah). [Jauhira Nayyira], Law 2: The Five Types (Categories) of Fasting are:, , 1. Fard, 2. Waajib, 3. Nafil, 4. Makruh e Tahreemi, 5. Tanzeehi e Tanzeehi, , 189
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Vol.5 pg.191, Law 3: There different reasons (motives) of Fasting. The reason, , (motive) for the fasting of Ramadaan is the coming of the month of, Ramadaan, the reason for the fasting of Nazr (Vow) is the taking of a, Man’nat; the reason for the Fasting for Kaffarah is due to breaking a, Qasm (Oath), or due to a killing or due to Zihaar (i.e. when the, husband compares his wife with a woman within his prohibited, relationship e.g. his mother or sister). [Alamgiri, vol.1, pg. 194], Law 4: The fast for the month of Ramadaan will only become Fard, , when the starting time which is stipulated for keeping the fast is, established, in other words, from Subho Saadiq (true dawn) up to, Zahwa e Kubra (Midday as stipulated by Shariah), because the Niyyat, (intention) of fasting cannot be made after this. Thus, the fast cannot, be kept (if this time expires), and Niyyat can be made at night, but it is, not the appropriate time for fasting. Therefore, if a Majnun (insane, person) regained his senses during any night of Ramadaan, and his, morning was in the condition of Junoon (insanity), or if he regained, his senses on any day after Zahwa e Kubra, then he is not liable for the, Qaza of the fasts of Ramadaan, on condition that the entire Ramadaan, passes in this Junoon (state of insanity). Additionally, if he got even, one day (in the month) and if he got the time, in which he is able to, make the Niyyat, then the Qaza of the entire Ramadaan is necessary, upon him. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.111/112], Law 5: If one made the intention of fasting at night and in the, , morning he was in an unconscious state, which lasted for many days,, then in this case, only the fast of the first day is valid. Therefore, he, must keep Qaza for the fasts of the other days, even if the entire, Ramadaan passed in this fainted (unconscious) state, even though he, did not get the time to make Niyyat (during these days). [Jauhira,, Durr-e-Mukhtar, vol.1, pg.122], 191
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Vol.5 pg.192, Law 6: The (prescribed) time for the Niyyat of,, , 1. The Ada1 of the Ramadaan fasts,, 2. The Nazr Al Mu’ayyan,, 3. And for the Nafil fasts,, is from (after) sunset upo Zahwa e Kubra. The fast will be valid if the, Niyyat is made at any time during this duration. Hence, if a person, made Niyyat before sunset that tomorrow I will fast, and he then, entered an unconscious state, and he only regained consciousness, after Zahwa e Kubra, then in this case the fast is not valid, and if he, made the intention after the sun had set, then the fast is valid. [Durre-Mukhtar, Raddul Muhtar, vol.2, pg.116], Law 7: Zahwa e Kubra is not the time for Niyyat, but the Niyyat must, , actually be made before the Zahwa e Kubra, as this is necessary; and if, he made Niyyat at that exact moment when the Sun reaches the ‘Khat, Nisfun Nahaar Shari’2, then that fast is not valid., , Law 8: The rule for the Niyyat (intention) which mentions the, , general Nafil also includes Sunnat, Mustahab and Makruh, as the time, for Niyyat for all of these is the same. [Raddul Muhtar, vol.2, pg.116], Law 9: Just as it has been mentioned in other discussions concerning, , the Niyyat; the Niyyat (intention) refers to the intent of the heart, and, it is not a condition to mention it with the tongue (i.e. audibly),, ________________________________________________________________________, , 1: Ada means punctual (timeous) completion of a current act (such as fast etc) within its, prescribed time. Qaza means completion of an act after its prescribed time has expired., 2: Nisfun Nahaar Shar’i is when the Sun is at its highest point at mid-day, based on the Shar’i, stipulation. [Durr-e-Mukhtar, vol.2, pg.112], , 192
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Vol.5 pg.194, , morning (Subho Saadiq), then the vast is not valid. [Jauhira, Raddul, Muhtar, vol.2, pg.116], Law 11: Even though the Niyyat for these three types of Fasts can be, , made in the day, but it is Mustahab (desirable and preferred) that it, should be made at night2. [Jauhira], , Law 12: Similarly, if a person makes the intention that, ‘If there is an, , invitation (Feast) somewhere tomorrow, then I am not with fast and if, there is not invitation then I am with fast,’ then this Niyyat is, improper (invalid), and in any case he will not be regarded to be, fasting. [Alamgiri, vol.1, pg.195], Law 13: If a person in the days of Ramadaan neither made Niyyat to, , fast, nor did he make Niyyat of not fasting, even though he knows it is, the month of Ramadaan, it will not be regarded as a valid fast., [Alamgiri, vol.1, pg.195], , Law 14: If he made Niyyat at night, and then in the same night, he, , ate and drank, then in this case the Niyyat does not become void, but, the same initial Niyyat is sufficient, and there is no need to make fresh, Niyyat again. [Jauhira], Law 15: If a woman was in the state of Haidh or Nifaas, and at night, , she made intention of fasting tomorrow (the next morning), and she, became pure from Haidh or Nifaas before Subho Saadiq, then her fast, has become valid. [Jauhira], ________________________________________________________________________, , 1: The above is in the case when a person ate before Sehri ends and then he made Niyyat only, during the day, before Zahwa e Kubra., 2. Night meaning any time before the actual appearance of Subho Saadiq, i.e. (True Dawn)., , 194
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Vol.5 pg.195, Law 16: During the day, that Niyyat is of use (i.e. valid) only if from, , Subho Saadiq until the time that one made the Niyyat, he did not do, anything which is contrary to the (laws of) fasting. Therefore, even, after Subho Saadiq he forgetfully ate or drank something, or was, sexually intimate, then now the Niyyat cannot be made. [Jauhira], However, the reliable view is that even in the case of forgetfulness the, Niyyat is proper (valid). [Raddul Muhtar, vol.2, pg.133], , Law 17: If one intended to talk in a Namaaz, but did not talk, then the, , Namaaz will not be invalidated. Similarly, whilst fasting, if a person, intended to break his fast, it will not be broken until such time that he, does not do something, which will break the fast. [Jauhira], Law 18: If a person made Niyyat to fast at night, and thereafter made, , a genuine intention that he will not fast, then in this case the initial, Niyyat is invalidated. If in this case, he remains without eating and, drinking the entire day and he abstains from intimacy the entire day,, but he did not make a fresh Niyyat, then the fast will be invalid. [Durre-Mukhtar, Raddul Muhtar, vol.2, pg.119], , Law 19: To eat Sehri is by itself regarded as Niyyat (i.e. intention to, , fast), be this for the fasts of Ramadaan or for any other fasts. However,, if whilst eating he has intention that, I will not fast in the morning,, then eating this Sehri will not be counted as a valid Niyyat. [Jauhira,, Shaami, vol.2, pg.116], , Law 20: It is necessary to make a new (fresh) Niyyat for every fast of, , Ramadaan. If a person made Niyyat on the first day or any other date, for the fast of the entire month of Ramadaan, then this Niyyat is only, valid for that one day, and it is not valid for the other days. [Jauhira], 195
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Vol.5 pg.196, Law 21: These three, in other words, the Ada fast of Ramadaan, and, , the Nafil Fast and the Fast of a Nazr Mu’ayyan, will be valid simply by, an unspecified intention of Fasting. It is not necessary to make a, Niyyat particularly for that fast. Similarly, it is also counted as Ada,, even if done with Niyyat of Nafil. If a person who is not ill or a Musafir, made Niyyat for some other Waajib fast in Ramadaan, then too it is, counted as it being that of Ramadaan. [Durr-e-Mukhtar, vol.2,, pg.116/117], , Law 22: If a Musafir or a Mareedh (sick person) makes Niyyat for, , Nafil or some other Waajib fast in Ramadaan, it will be regarded as the, fast for which he made intention, and it will not be counted as the fast, of Ramadaan. [Tanweerul Absaar]. However, if they simply make an, unspecified Niyyat of just fasting (without specifying it), the fast will, be counted as the fast of Ramadaan. [Alamgiri, vol.1, pg.192], , Law 23: If a person intended to fast to fulfil a Nazr e Mu’ayyan, in, , other words, he says I will fast on a certain day, and in fulfilling this, if, on that day he kept the fast with the Niyyat of some other Waajib,, then the fast will be regarded as the one for which he intended when, keeping it, and the fast of the vow (Nazr or Man’nat) must be kept, (separately). [Alamgiri, vol.1, pg.192], Law 24: If in the month of Ramadaan he kept some other fast and he, , was not aware that it is the month of Ramadaan, then too it will be, regarded as the fast of Ramadaan. [Durr-e-Mukhtar, vol.2, pg.118], Law 25: If a Muslim was imprisoned in a Darul Harb, and every year, , assuming that the month of Ramadaan has arrived, he kept fasts of, Ramadaan, and later on he realises that in none of the years these, fasts were actually kept in Ramadaan (i.e. his assumptions were, 196
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Vol.5 pg.197, , incorrect), but every year he actually kept them before Ramadaan,, then the fasts of the first year will not be counted as valid, because the, fast of Ramadaan cannot be kept before Ramadaan. Concerning the, fasts of the second and third years (etc.) if he made an unspecified, Niyyat of Ramadaan, then the fasts of every year will be counted as, Qaza for the fasts of the previous year, and if he made intention for, the Ramadaan fasts of this year (i.e. he specified it), then the fasts of, none of the years are valid. [Raddul Muhtar, vol.1, pg.118], Law 26: If in the above mentioned situation, he performed ‘Tahar’ri’,, , in other words, he thought about it, and his heart was completely, content that this is the month of Ramadaan, and he then kept the, fasts, but in reality these fasts were in the month of Shawwal, then if, he made this intention from the night, then they are valid, because in, Qaza to make the Niyyat of Qaza is not a condition, as Qaza will also be, valid if done with the Niyyat of Ada. If the month of Ramadaan and, Shawwal are both of thirty days each, then he should keep one further, fast, because the Fast on Eid is Mamnu’ (disallowed/disapproved). If, Ramadaan is of thirty days and Shawwal is of twenty-nine days, then, he should keep two more Fasts, and if Ramadaan was of twenty-nine, fasts and this (Shawwal) was of thirty, then they have all been, completed. If that month was (later realised) to be Zul-Hijjah, and, both the months were either thirty or twenty-nine, he should keep, another four fasts (when he realises this), and if Ramadaan was of, thirty days and this (Zul-Hijjah) is of twenty-nine days, then he should, keep five more fasts, and if it is the other way around (i.e. Ramadaan, was twenty-nine and Zul-Hijjah was thirty), then he should keep three, more fasts., , 197
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Vol.5 pg.198, , In other words, he will have to remove the days on which fasting is, disallowed, and then complete those days which were (within) the, counting of that Ramadaan. [Alamgiri, vol.1, pg.196], Law 27: With the exception of the Ada fasts of Ramadaan, the fasts of, , Nazr e Mu’ayyan and the Nafil Fasts, the other fasts; for example, the, fasts which are for the Qaza of the Fasts of Ramadaan, and those which, are Nazr e Ghayr Mu’ayyan, and the Qaza fasts of Nafil fasts, (in other, words if one kept a Nafil fast then broke it, then the Qaza of that fast, must be kept), and the Qaza of the Nazr e Mu’ayyan fasts, and the fasts, of Kaffarah, and those fasts which become Waajib on the basis of, hunting in the Haram (within Haram boundary), and the fast which, one must keep due to shaving the head before time, i.e. for all these, fasts, it is necessary to make their Niyyat at night or at the precise and, exact time when true dawn appears. It is also necessary to keep the, specific Niyyat for the fast which you are keeping (in this situation),, and if the Niyyat for these (types) of fasts are made in the daytime,, then they will all be regarded as Nafil, and still it becomes necessary, to complete them. If one breaks them, the Qaza for it will be Waajib,, even if it is in his knowledge that this will not be counted as the fast, which I wanted to keep, but it will be counted as a Nafil fast. [Durr-eMukhtar, vol.2, pg.118/119], Law 28: If a person assumed that he was responsible for a Qaza fast, , and he then kept that fast accordingly, then later he realised his, assumption was incorrect, then in this case if he immediately breaks, the fast, he is permitted to break it, even though it is more virtuous to, complete it. However, if he did not break it immediately (on realising, his assumption was incorrect), then in this case he cannot break it, now. If he does break it, he will be liable to keep its Qaza. [Raddul, Muhtar, vol.2, pg.119], 198
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Vol.5 pg.199, Law 29: If one made Niyyat for a Qaza Fast at night, and in the, , morning, he wishes to keep it as Nafil, he cannot do this. [Raddul, Muhtar, vol.2, pg.119], , Law 30: If whilst in Namaaz he made the Niyyat of Fasting, then this, , Niyyat will be valid. [Durr-e-Mukhtar, vol.2, pg.119], , Law 31: If many fasts have become Qaza, then in the Niyyat it must, , be said, ‘This is the Qaza of the first Fast of this Ramadaan, (or) the, second fast, or the Qaza of the third fast (etc.).’ If some are Qaza from, the current year and some are Qaza from the previous year, then in, this case he must say, ‘Qaza for the fasts of this Ramadaan’ and ‘Qaza, for the fasts of last Ramadaan.’ However, there is no need to specify, the day or the exact year, as even if he does not do so, the fasts will be, valid. [Alamgiri, pg.196], Law 32: If a person intentionally broke the fast of Ramadaan, then in, , this case he is liable for the Qaza of that fast, and he must also keep a, further sixty fasts as Kaffarah (compensation). Now, if he kept (all), sixty-one fasts, and he did not specify the day for which he is making, Qaza, the fasts will still be valid. [Alamgiri, vol.1, pg.196], , Law 33: Yaumush Shak (Day of Doubt): In other words one is allowed, , to keep fast purely with the intention of Nafil on the thirtieth of, Sha’baan. If one kept any other fast (on this day) with the exception of, Nafil, then to do so is Makruh, be it without specifying a Niyyat (i.e., just with Niyyat of keeping a fast), or be it with Niyyat of keeping a, Fard or Waajib fast. Even if he kept it with a specified intention, or, even if he kept it with a wavering intention, all of the above are, regarded as Makruh (disapproved). If it is kept with the Niyyat of, Ramadaan, then this is Makruh e Tahreemi, otherwise for a Muqeem it, 199
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Vol.5 pg.200, , is Tanzeehi, and if a Musafir (Traveller) makes any Niyyat of a Waajib, (Fast), then there is no objection. However, if later it is proven that, the particular day is Ramadaan, then for a Muqeem (Resident), either, way it will be counted as the fast of Ramadaan, and if it is proven that, it was the day of Sha’baan, and the Niyyat was for some Waajib, then it, will be counted as the Waajib for which it was, and if it cannot be, proven (which day it really was), then the one kept with Waajib Niyyat, is void. Whichever Niyyat the Musafir kept the fast with, is what it will, be counted as, in any case. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg., 119/121], Law 34: If the thirtieth fell on such a day on which one is in the habit, , of fasting, then in this case it is Afdal (more virtuous) for him to fast, on this day. For example, if there is a person who fasts (habitually) on, a Monday or on a Thursday, and the thirtieth falls on that day, then, for him to fast on that day is Afdal. Similarly, if he was already keeping, few fasts from before, then there is no harm in him fasting on, Yaumush Shak. The objection (disapproval) is only in the case when a, person only keeps fast a day or two before Ramadaan, in other words,, he only keeps fast on the thirtieth of Sha’baan, or on the twenty-ninth, and thirtieth of Sha’baan. [Durr-e-Mukhtar, vol.2, pg.120], Law 35: If one is not in the habit of keeping fast on that day or if he, , has not as kept fasts from many days before, then in this case only the, (spiritually) elite may fast on this day (i.e. on the 30 th Sha’baan) and, the rule for the common folk (i.e. general public) is that until Zahwa e, Kubra they should remain as if fasting. Then, if the (proper Shar’i, testimony) of moon sighting is proven, then they should make the, Niyyat for the fast of Ramadaan, otherwise they should eat and drink, (as normal). Here the ‘Khawaas’ (The Elite) does not only refer to the, Ulama, but it also refers to that person who knows that on this day,, 200
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Vol.5 pg.201, , one may fast in this manner. Then, such a person (in this situation) is, counted as being amongst the elite; otherwise, he is counted amongst, the common folk. [Durr-e-Mukhtar, vol.2, pg. 120/121], Law 36: When keeping the fast of Yaumush Shak (Day of Doubt), one, , must make a firm Niyyat, that this fast is a Nafil fast. There should be, no wavering (doubt) in this Niyyat. It should not be made such that if, it is Ramadaan, then this is the fast of Ramadaan, otherwise it is Nafil;, or by saying that if today is Ramadaan then this is the fast of, Ramadaan, otherwise it is the fast of any other Waajib fast. To do both, of these is Makruh. However, if that day is proven to be the day of, Ramadaan, then the Fard of Ramadaan will be counted as Ada;, otherwise, in both cases it is Nafil, and either way he will be regarded, as being sinful. One should also not make Niyyat in this manner that,, ‘If this is the day of Ramadaan, then I am fasting, otherwise I am not, fasting,’ because in this case neither is the Niyyat valid nor is the fast, valid. If one makes the firm intention of Nafil (for that day), but every, now and then the thought of it possibly being the day of Ramadaan, creeps into the heart, then in this case there is no harm in this., [Alamgiri, vol.1, pg.220; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.122], Law 37: Regarding the command of waiting until Zahwa e Kubra, , which has been given to the common folk (i.e. general public); if one, acted upon this, but then he forgetfully ate and drank, and then it, became obvious that it is the day of Ramadaan, he should make the, Niyyat of fasting, and it will be counted. This is because the one who is, in waiting, is counted in the ruling of one who is fasting, and to eat, forgetfully, does not break the fast. [Durr-e-Mukhtar, vol.2, pg.122], , 201
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Vol.5 pg.203, , had seen the moon. Rasool ﷺhimself kept fast (based on this) and He, ﷺalso commanded the people to keep fast., Hadith 5: Abu Dawud reports from Ummul Mo’mineen Siddiqa, , ��ر, , that Rasoolullah ﷺprotected Sha’baan so much so, that he did, not protect any other (month) like this month. Then, He ﷺwould, commence fasting on sighting the moon, and if it would be cloudy, He, ﷺwould complete the counting of thirty and then only would He ﷺ, keep fast., اﷲ �ﻌﺎ�� ﻋﻨهﺎ, , Hadith 6: It is in Muslim from Abil Bakhtari ؓ◌ wherein he says, ‘We, , had gone for Umrah and encamped in the Valley of Nakhla, then on, seeing the moon someone said, it was three nights old and others said, it was a two-night old moon. We met Ibn Ab’bas ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎand, mentioned this to him. He asked, ‘On which night did you see it?’ We, said, ‘on such and such a night!’ He said, ‘Rasoolullah ﷺbased its age, on the time of seeing it, so it will be counted as being (the moon) of, the night on which you saw it (meaning new moon).’, , 203
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Vol.5 pg.204, , LAWS OF JURISPRUDENCE, Law 1: It is Waajib-e-Kifaayah to see (i.e. make effort to sight) the, , moon for five months:, 1. Sha’baan, , 2. Ramadaan, 3. Shawwal, , 4. Ziqaddah, , 5. Zul-Hijjah, (It is Waajib to sight the moon of) Sha’baan, because if it is cloudy or, hazy when looking for the moon of Ramadaan, then you can complete, thirty days of Sha’baan and then commence Ramadaan. The sighting, of the moon of Ramadaan, is so that you may be able to keep the fasts, of Ramadaan, and the sighting of the moon of Shawwal is so that you, may end the fasting of Ramadaan, and the sighting of Ziqaddah is to, determine Zul-Hijjah, and the sighting of Zul-Hijjah is for Baqr Eid (i.e., Eid ul Adha). [Fatawa Razviyah], Law 2: On the evening of the twenty-ninth of Sha’baan, one should, , look for the moon (of Ramadaan). If it is seen, then one should keep, fast on the following day; otherwise, one should complete thirty days, of Sha’baan and then commence the month of Ramadaan. [Alamgiri,, vol.1, pg.197], Law 3: If someone saw the moon (crescent) of Ramadaan or Eid, but, , his testimony was rejected due to some Shar’i reason; for example, if, he is a Faasiq (transgressor), or if he saw the Eid moon alone, so the, command for him is that he should fast, even though he saw the Eid, 204
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Vol.5 pg.205, , moon himself, and for him to break that fast is impermissible, but if he, does break it, there is no Kaffarah for it. If in this situation, it was the, moon of Ramadaan and according to his counting he completed had, completed thirty fasts, and then at the time of the Eid moon, again the, sky was cloudy or hazy, then he too will be commanded to keep one, more fast (like everyone else). [Alamgiri, vol.1, pg.198; Durr-eMukhtar, vol.2, pg.122/123], Law 4: He kept fast by sighting the moon alone, and then broke the, , fast, or even if he gave testimony in the court of the Qadi, and the Qadi, has not as yet given the command on the basis of his testimony, and, he broke his fast, then even in this case, there is no Kaffarah for it. He, will only keep the Qaza for that fast. However, if the Qadi had accepted, his testimony and after that, he broke his fast, then the Kaffarah is, necessary, even if he is a Faasiq. [Durr-e-Mukhtar, vol.1, pg.123], Law 5: For a person who has knowledge of the Science of Astronomy,, , to say that today the moon has been confirmed or not, on the basis of, astronomical knowledge, has no validity, even though he may be, ‘Aadil’, and even though there are numerous people like this who can, say the same, because in Shariah the credibility is on the basis of, physical sighting of the moon and on the basis of testimony (as, stipulated by the Shariah). [Alamgiri, vol.1, pg.197], Law 6: In every testimony, it is necessary to say, ‘I testify (or I give, , testimony),’ because without saying this, it is not regarded as, ‘Shahaadat.’ However, if it is cloudy, then for the moon of Ramadaan,, it is not necessary to say it. It is sufficient for him to say that, ‘I saw, with my eyes the moon of this Ramadaan, today (or) yesterday, or on, such and such a day.’ Similarly, for this testimony, Da’wah (The Claim, of sighting) and Majlis e Qaza (Judicial Assembly) and the command of, 205
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Vol.5 pg.206, , the Haakim (Muslim Authority) is not a condition, to the extent that if, he gave gawaahi (i.e. presented testimony of his sighting) before any, Haakim, then whosoever heard his testimony and he apparently, knows that this person is ‘Aadil’, then for him to keep fast is, necessary, even though he has not heard the command of the Haakim,, for example if he left before the Haakim gave the command. [Durr-eMukhtar, vol.2, pg.123; Alamgiri, vol.1, pg.197], Law 7: The confirmation for Ramadaan in cloudy and hazy weather is, , valid even if presented by one Muslim who is Aaqil and Baaligh, and, who is Mastur or Aadil, be this a male or a female; be it a handmaid or, a slave, or even if it is someone who has been flogged for accusation of, adultery, on condition that he has repented. Being ‘Aadil’ means that, at least he is pious, and he abstains from major sins, and he is not, persistent in committing minor sins, and he does not do such actions, which are contrary to civility, such as by eating in the marketplace, (whilst walking around). [Durr-e-Mukhtar, Raddul Muhtar, vol.2,, pg.123/124], , Law 8: If a Faasiq even gives Shahaadat to sighting the moon of, , Ramadaan, his testimony is not worthy of being accepted. Now, remains the issue as to whether it is necessary upon him to give, testimony (if he saw the moon) or not? If he is optimistic that the Qadi, will accept his testimony, then in such a situation it is necessary for, him to go forth and testify. A Mastur is a Muslim who’s Zaahir, i.e., outward appearance and conduct conform to the Shariah, but his, Baatin (innermost) condition is not known. Even his testimony is not, acceptable for other than Ramadaan. [Durr-e-Mukhtar, vol.2, pg., 123/124], , 206
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Vol.5 pg.207, Law 9: For the Aadil person who has seen the moon of Ramadaan, it is, , Waajib upon him to give the Shahaadat (of his sighting) on the same, night, to the extent that if a slave-girl or female who is in Pardah, (veiled) saw the moon, then for them too it is Waajib to go on the, same night to present their testimony. The slave-girl in this situation, does not require the permission of her master. Similarly, it is Waajib, upon a free woman to go forth and give Shahaadat (of her sighting),, and for this she does not need to seek the permission of her husband., However, this ruling is only applicable when the confirmation (of, moon sighting) is only dependant on her testimony and without her, giving testimony, the situation cannot be resolved; otherwise (if this is, not the case), what need is there (for her to go give testimony when, there are other witnesses)? [Durr-e-Mukhtar, Raddul Muhtar, vol.2,, pg.124], Law 10: It is not necessary upon the person before whom testimony, , is being presented, to ask, from where did you see the moon, and on, which side was the moon, and how was it (i.e. its appearance), and, how high was it etc. [Alamgiri, vol.1, pg.197] One should only question, the witness if his (or her) testimony is doubtful, especially for Eid,, because people tend to baselessly claim to have seen the moon (of, Eid)., Law 11: If the Imam (Badsha-e-Islam, i.e. the Muslim Ruler) or the, , Qadi saw the moon, then he has the right (i.e. the choice) of either, personally giving the command for fasting, or he can appoint, someone to take his Shahaadat (testimony), and he can then give, Shahaadat before that duly authorised official. [Alamgiri, vol.1, Pg.197], , Law 12: If the moon was seen in a rural area (i.e. like in a village) and, , there is no one there before whom testimony can be given, then in, 207
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Vol.5 pg.208, , this case the village folk should be gathered together and Shahaadat, should be given in front of them. If the person (giving testimony) is, Aadil, then it is necessary upon them to keep the fast. [Alamgiri, vol.1,, pg.197], Law 13: If a person did not see the moon himself, but the person who, , saw it (i.e. the primary witness) made him witness to his Shahaadat,, then the ruling concerning his (the secondary witness’s) Shahaadat is, the same as that of the actual primary witness who saw the moon,, whereas all the conditions of ‘Shahaadat alash Shahaadat’1 are, established. [Alamgiri, vol.1, pg.197, etc.], Law 14: If the horizon (i.e. sky) is clear, then unless many people do, , not give Shahaadat, the confirmation of sighting of the moon will not, be valid. Now, remains the issue as to how many people are required, for this? This is dependent on the Qadi. He will give the command, based on as many witnesses as it takes to allow him to be completely, satisfied, unless the testimony was for the sighting of the moon from, the outskirts of the city, or from a high place, then in this case the, testimony from one Mastur even will be acceptable for the moon of, Ramadaan. [Durr-e-Mukhtar, vol.2, pg.126/127, etc.], , Law 15: ‘Jama’at-e-Katheera’ (a large group of Muslims) is only a, , condition (pre-requisite), when Shahaadat is being passed for keeping, fast, or for Eid. For any other (judicial) issue, if two males or one male, and two females who are Thiqa (i.e. reliable and, ________________________________________________________________________, , 1. Shahaadat alash Shahaadat is testimony which is based on testimony of primary witnesses, who have seen the moon and made the secondary witnesses, witness to their testimony., , 208
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Vol.5 pg.209, , trustworthy) have given Shahaadat, and the Qadi has given judgment, based on their Shahaadat, then this Shahaadat is now sufficient, and, will also be counted as being valid to commence fasting or to celebrate, Eid. For example, if one person made a claim against another person,, saying that the said person owes him such and such amount, and the, time for payment was when Ramadaan comes, then he will pay what, he owes, but he is not paying this amount. The defendant says,, undoubtedly I owe him the said amount, and this was the time frame, stipulated, but Ramadaan has not as yet come. Now, on this the, plaintiff presented two witnesses who gave Shahaadat of having seen, the moon. The Qadi then gave the judgement that he (the defendant), must pay the amount which he owes, so in this situation, even though, the sky was clear and only two witnesses testified, but in regards to, the commencing of the fast and concerning celebrating Eid, these two, testimonies will be regarded as being sufficient. [Durr-e-Mukhtar,, Raddul Muhtar, vol.1, pg.127/128], Law 16: If the sky is clear here, but the sky (horizon) is not clear, , elsewhere, and the Shahaadat was given in front of the Qadi and the, Qadi gave judgement that that moon has been sighted. Now, if two or, few people from there came here where the horizon is clear, and, testified that, at the Court of a certain Qadi two people gave Shahaadat, of having seen the moon on such and such night, and that Qadi gave, the judgement in our presence, and the condition of their Da’wah, (claim) is also established, then even the Qadi here will give the, judgement based on those Shahaadats. [Durr-e-Mukhtar, vol.2, pg.128], , Law 17: If few people come and say, that the moon was sighted at, , such and such place, but even if they give Shahaadat that the moon, 209
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Vol.5 pg.210, , was sighted at such and such place, and even if they give this, Shahaadat that such and such person and such and such person saw, the moon, and even if they give the Shahaadat saying, the Qadi of such, and such place has given the command to the people to commence, fasting, or end fasting; then it must be known that all these methods, are not sufficient.1 [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.128], Law 18: If the sighting of the moon was confirmed in any city and, , this has become famously known in the entire city, and from there,, numerous Jama’ats come to another city and all of them gave this, ‘Khabar’ (News/information) that on such and such day the moon was, sighted there, and based on Ruyat (sighting) the people there, commenced fasting on such and such day, then this has become, confirmation for those here (i.e. in this city as well). [Raddul Muhtar,, vol.2, pg.128], , Law 19: If the sky was cloudy on the night of the Ramadaan moon,, , and if only one person gave Shahaadat and based on his Shahaadat the, command to fast was also given, then if the Eid moon is now not seen, due to cloudy weather, then Eid should be celebrated after completing, thirty fasts. Also, if the weather is clear, they should not make Eid,, unless Ramadaan was commenced with the confirmation of testimony, by two Aadil witnesses. [Durr-e-Mukhtar, Raddul Muhtar, vol.2,, pg.129], ________________________________________________________________________, 1. The reason for this not being acceptable and being insufficient to confirm sighting is because, none of them was appointed as witness by those who saw the moon, thereby authorising them to, testify based on the testimony of the primary eyewitness. They are merely giving Shahaadat that, the moon was seen there and this is not really testimony as they were not authorised to do this., , 210
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Vol.5 pg.211, Law 20: If the weather is not clear, then with the exception of, , Ramadaan, be it Shawwal or Zul-Hijjah or all the other months, two, males, or one male and two females must give testimony, and all must, be Aadil, free-men (not slaves), and none of them should have been, charged and punished for accusation of adultery, even if they have, repented. It is also a condition that when testifying, the witnesses, should say these words, I testify (or I bear testimony). [General Books,, Shaami, vol.2, pg.130], Law 21: If two persons saw the Eid moon in a village (rural area), and, , the sky is clear and there is none there before whom they may give, their testimony, they should do this in the presence of the village folk,, and if they (the witnesses) are Aadil, then Eid should be celebrated., [Alamgiri, vol.1, pg.98], , Law 22: If the Imam or Qadi saw the Eid moon alone (i.e. by himself),, , then for him to celebrate Eid or give the command of Eid is not, permissible. [Durr-e-Mukhtar, vol.2, pg.125, etc.], , Law 23: On the twenty-ninth of Ramadaan if some people gave this, , Shahaadat that we have seen the moon one day before, and based on, this today is the thirtieth, then in this case, if these people were here,, then their testimony will now not be acceptable, due to not giving, testimony on time (i.e. as they should have given the Shahaadat when, they saw it). However, if they were not here (i.e. it was seen, elsewhere), and they are Aadil, then their testimony will be accepted., [Alamgiri, vol.1, pg.198], Law 24: If the moon of Ramadaan was not seen, so they completed, , thirty days of Sha’baan and then commenced fasting, and they had, only kept twenty-eight fasts, when the Eid moon had been seen, then, 211
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Vol.5 pg.212, , in this case if after sighting the moon, Sha’baan was counted as thirty, days, then they should keep one fast (after Eid), and if even the moon, of Sha’baan was not seen, but they commenced the month of Sha’baan, only after completing thirty days of Rajab, then they should keep two, fasts Qaza (after Eid). [Alamgiri, vol.1, pg.199], Law 25: If the moon was seen in the day before Zawaal or after,, , either way, it will be counted as the moon of the following (next), night. In other words, the month will commence from the night which, is to come. Therefore, if the moon was seen during the daytime of the, thirtieth Ramadaan, then this day is counted as being the day of, Ramadaan, and not the day of Shawwal, and to complete that fast is, Fard, and if it (the moon) was seen during the daytime on the thirtieth, of Sha’baan, then it is the day of Sha’baan, and not of Ramadaan, so, the fast of today (i.e. that day) will not be Fard. [Durr-e-Mukhtar,, Raddul Muhtar, vol.2, pg.131], Law 26: If the moon was sighted at one place, then that sighting is, , not only valid specifically for there, but it is for the entire world, but it, will only be authorised for some other place, when the moon is, confirmed for that day and date according to them, by way of proper, confirmation of the Shariah. In other words, they should receive the, testimony of actual eyewitness sighting, or Shahaadat of the, command of the Qadi, or numerous Jama’ats (groups) should, personally come from there and give Khabar that the moon was, sighted at such and such place and the people there have kept fast or, celebrated Eid.1 [Durr-e-Mukhtar, vol.2, pg.132], ________________________________________________________________________, 1: In other words, the Shahaadat from the East is even acceptable in the west and vice versa, on, condition that it reaches from one place to the other based on proper testimony as stipulated by, the Shariah, and not by impermissible means., , 212
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Vol.5 pg.213, Law 27: Ruyat e Hilaal (Confirmation of Moon sighting) cannot be, , proved through telegram and telephone, and neither is it accepted by, way of rumours; and it being printed in calendars and newspapers is, also not regarded as any (valid) proof and confirmation (of sighting)., , In this day and age, it is commonly seen that on the twenty-ninth of, Ramadaan many telegraphs are sent from one place to another, asking, if the moon was sighted or not. If the telegraph comes from anywhere, (saying that the moon was sighted) then that’s it, Eid has come. This is, simply impermissible and Haraam. What is a telegram? Firstly, it, cannot be confirmed whether it is definitely from the person whose, name is written in it, and let us assume that it is from him, then what, proof do you have of this, and even if this too is proper, then, telegrams generally have too many mistakes. Yes, instead of No, and, No instead of Yes, is a common mistake. Let’s accept (hypothetically), that the message came through completely correct, it must be noted, that this is merely a kind of news (or information), and it is not, Shahaadat (Testimony), and that to (it has reached) you through, scores of different channels. If the one sending the telegram is not, literate in English, then he will have to get the telegram written by, someone else. How can we know what he asked him to write and what, he really wrote! It was given to a person who in-turn gave it to the, telegraph operator. It now reached the telegram office here, so it was, given to the delivery person. What if he gave it to someone else, then, in this case we cannot count how many people it has gone through, before he received it, and even if he gave it to the rightful person,, then too how many channels has it come through. Now take note of, this, that the testimony of a Muslim Mastur, regarding whom it is not, known whether he is Aadil or Faasiq, is not acceptable, so all the, channels (hands) through which the telegram reached you, would all, of them have been Muslims?, 213
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Vol.5 pg.214, , This is a rational probability, the reality of which remains unknown., Additionally, if the one who is receiving the telegraph does not know, English, he too will get someone else to read it. If an unbeliever has, read it (to him), then what credibility is there in this? Also, if a Muslim, read it, how convinced are we that he read it correctly? If we add up, the concerns, there are many such reasons which cause one to lose, conviction in the telegram. The Fuqaha (Jurists) have not given any, credibility to a letter, even if one recognises the writing and the, signature of the writer, and even if it has his seal (stamp) on it, on the, basis of ‘ اﻟﺨﻂ �ﺸﺒہ اﻟﺨﻂ واﻟﺨﺎﺗﻢ �ﺸﺒہ اﻟﺨﺎﺗﻢA letter is alike to a letter, and a seal is, alike to a seal.’ Therefore, what about a telegram! ( واﷲ �ﻌﺎ ٰ�ي اﻋﻠﻢAnd Allah, Knows Best)., Law 28: To sight the moon and to then point towards it with the, , finger is Makruh, even if you do this to show it to another person., [Alamgiri, vol.1, pg.197; Durr-e-Mukhtar, vol.2, pg.132], , ________________________________________________________________________, Note: The issue of the telegraph was in the time of Sadrush Shariah (Alaihir Rahma) and systems, and times have changed with technology, but the basis is still the same. Hence, telephonic, video, and other messages or calls are not valid to confirm Shahaadat. We should thus abstain from, following our desires, but we should strictly adhere to the Shariah as there is nothing more, convenient and easier than the Shariah. If you see the moon, make Eid, if you do not, complete, 30 days. Is this not the simplest and best method? Today, there is the issue of all having Eid on, the same day. This is not necessary in the Shariah. There is no law in Shariah about a unified Eid., It is about celebrating Eid based on proper testimony of sighting, even though in one country Eid, happens at different days in different cities due to not having received proper Shahaadat. The, criteria is proper sighting and proper testimony. [Razvi Noori], , 214
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Vol.5 pg.215, , ACTS WHICH DO NOT BREAK THE FAST, AHADITH E MUBAARAKA, Hadith 1: It is in Sahih Bukhari and Sahih Muslim from Abu, , Hurairah ؓ◌ that Rasoolullah ﷺsaid, ‘The fasting person who, forgetfully ate or drank, should complete his fast, for Allah has fed, him and given him to drink.’, Hadith 2: Abu Dawud, Tirmizi, Ibn Majah and Daarimi have, , reported from Abu Hurairah ؓ◌ that Rasoolullah ﷺsaid, ‘One who was, overwhelmed by vomiting, there is no Qaza for him, and for the one, who vomited intentionally, the fast is Qaza on him.’, Hadith 3: Tirmizi reports from Anas, , that a person presented, himself before Rasoolullah ﷺand said, ‘I have an illness (infection) in, my eye, so can I use Surmah (collyrium) in my eyes whilst I am, fasting?’ He ﷺsaid, ‘Yes.’, ؓ◌, , Hadith 4: Tirmizi reports from Abu Sa’eed Al Khudri, , that, Rasoolullah ﷺsaid, ‘Three things do not break the fast (of a fasting, person), cupping, vomiting and nocturnal emission (i.e. wet dream).’, ؓ◌, , Note of Caution, This section discusses those things which do not break the fast. Now,, remains the issue as to whether these actions cause the fast to become, Makruh or not. This section does not deal with that discussion, and it, does not deal with whether that action is permissible or impermissible, (i.e. this section merely explains those things which break the fast)., , 215
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Vol.5 pg.216, , LAWS OF JURISPRUDENCE, Law 1: Forgetfully eating or drinking something, or (forgetfully), , being sexually intimate will not break the fast, be this a Fard fast or a, Nafil fast, or if these things were there before the Niyyat, or after it;, but even after being reminded about it, if one did remember that one, was fasting, then the fast will now be nullified, on condition that these, actions happened after being reminded, but in this case, Kaffarah, (expiation) is not necessary. [Durr-e-Mukhtar, Raddul Muhtar, vol.2,, pg.133], Law 2: If one sees a fasting person involved in any of these actions,, , then it is Waajib upon you to remind them (that they are fasting). If, one does not remind them, one is sinful. However, if the person, fasting is very weak and you know that if you remind them, they will, stop eating and the weakness will increase to an extent that it will, become difficult for him to fast, and if he does eat (what he is eating),, then he will comfortably complete the fast, and he will also be able to, complete his other Ibadaat properly, then in such a condition, to, remind him is not the best option. Some of the Masha’ikh have said, that if one sees a young person (in this condition), then he should, remind him, and if he sees an old person (in this situation), then there, is no harm in not reminding him, but this ruling is based on the, majority, meaning that most youngsters are usually strong, and old, people are usually weaker, and the reality is that it is not really based, on being young or old, but rather it is based on strength and, weakness. Therefore, if a young person is as weak (as earlier, mentioned) then not reminding him is not disapproved, and if an old, person is strong, then to remind him is Waajib. [Raddul Muhtar, vol.2,, pg.133], 216
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Vol.5 pg.217, Law 3: If a fly, smoke or dust enters the throat, it will not break the, , fast. This applies even if the dust is from flour, which flies when being, ground by the mill, or when the flour is sieved. Same applies if it is the, dust from grains, or sand which has been blown by the wind, or if dust, entered the throat from the horse’s hoof, or from the horse stamping, its hoof, even if he remembers that he is fasting. However, if he, intentionally breathes in smoke, then the fast will be broken, on, condition that he remembered that he was fasting, no matter if it was, the smoke from anything, to the extent that if the incense of, fragrance etc. was burning and he placed his face near it and inhaled, the smoke from it through his nostrils, the fast will be invalidated., Similarly, smoking Huqqa (Moghul pipe) will also break the fast, if he, remembered that he was fasting. If one who smokes the Huqqa, smokes it, he will also be liable for Kaffarah (expiation). [Durr-eMukhtar, Raddul Muhtar, vol.2, pg.133/134], Law 4: When cupping (extracting blood) using a full cupping horn1 ,, , or if one applied oil or surmah, the fast will not be broken, even, though one may feel the taste of the oil or the Surmah in the throat., Even if the colour of the Surmah is evident in the saliva, it will still not, break the fast. [Jauhira Nayyira, Shaami, vol.2, pg.133], , ________________________________________________________________________, 1: In using the cupping horn system, the area where the one performing the cupping intends to, cup, a sharp object such as blade etc is used to make a slit, then the wide portion of the horn is, place over the slit and the thin portion of the horn is placed against the mouth, and the blood is, drawn by pulling (sucking) through the horn. That area is then sealed with dough etc. When this, is removed, the bad blood is sucked out., , 217
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Vol.5 pg.218, Law 5: If one kissed (someone) and there was no seminal discharge, , (Inzaal), the fast is not broken. Similarly, if a person looked at a female, or even towards her private part, but he did not touch it, and he had, seminal discharge, or if the semen was discharged due to time and, overlooking (at the private part), or by thinking of intimacy etc., or if, this happened by concentrating on this thought for a long time, then, in all these situations, the fast will still not break. [Jauhira, Durr-eMukhtar, vol.2, pg.134], , Law 6: If one had Ghusl (took a bath) and he felt the coldness of the, , water inside (the body), or if he rinsed his mouth and he spat out all of, the water, but some moistness is left in the mouth, and he swallowed, this with the saliva, or if he mixed some medicine and the taste could, be felt in the throat, or if he chewed or sucked up some ‘Har’ (i.e. a, medicine which is a myrobalan type of nut), or if he swallowed some, saliva, and some part of the Har entered the throat with the saliva, or, if water entered the ear; or if he scratched the ear with a dried stem, (etc.) and some wax from the ear came on to it, and if he then inserted, the same wax coated stem (piece of stick) into his ear, and even if he, does this a few times; or if a small particle remained in the mouth, unknowingly and it is swallowed with the saliva, or if blood oozed, from the teeth and entered the throat, but it did not go beyond the, throat, then in all the above mentioned situations, the fast will not be, nullified. [Durr-e-Mukhtar, vol.2, pg.134, Fathul Qadeer], Law 7: If someone stabbed a fasting person with a spear or an arrow, , in his stomach, then even if its cutting edge or arrowhead has gone, into the stomach, the fast will not be broken. However, if he inflicted, this on himself and the cutting edge, or the arrowhead or stones, remain inside, the fast is broken. [Durr-e-Mukhtar, Raddul Muhtar,, vol.2, pg.135], 218
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Vol.5 pg.219, Law 8: If whilst talking the lips became moist with saliva and one, , swallowed it, or if drool came out of the mouth and its flow did not as, yet break and he sucked it (back) in and swallowed it, or if the nose, filled up with mucus, and it even came out of the nose, but did not, stop, and he pulled it up, and then swallowed it, or if phlegm came, into the mouth and he swallowed it, then no matter how much it was,, the fast will not break, but one should avoid doing these things., [Alamgiri, vol.1, pg.203; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.138], Law 9: If a fly entered the throat, the fast will not break, and if one, , intentionally swallowed it, the fast will break. [Alamgiri, vol.1, pg.203], , Law 10: If one was being sexually intimate forgetfully, and on, , remembering he immediately separated, or if he was engrossed in, sexual intimacy before Subho Saadiq (true dawn), and on the, appearance of Subho Saadiq he immediately separated, then the fast, will not be broken, even if in both cases there was seminal discharge, after separating. This is even if in both cases he separated after, remembering, and after True Dawn appeared, wherein the reason for, separating was not the intimacy. If on remembering, or on the, appearance of true dawn he did not stop (i.e. separate) immediately,, even if he just paused, and did not continue any movement, the fast, will be broken. [Durr-e-Mukhtar, vol.2, pg.135], Law 11: If he was forgetfully eating and he remembered and, , immediately threw down the morsel, or if he was eating prior to, Subho Saadiq and the moment True dawn appeared, he spat it out, the, fast will not be broken, and if he swallowed it, then in both cases the, fast will be broken. [Alamgiri, vol.2, pg.204], , 219
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Vol.5 pg.220, Law 12: If one had intercourse (penetration) in any part except the, , two private parts (i.e. the front and the rear), then unless there is no, seminal discharge, the fast will not break. Similarly, even if one, discharges semen by way of masturbation, even though this act is, strictly Haraam, because in the Hadith the one who does this is, considered cursed. [Durr-e-Mukhtar, vol.2, pg.136], Law 13: (Allah Forbid) if a person had intercourse with an animal or a, , deceased, and there was no seminal discharged, the fast will not be, broken, and if there was seminal discharge, it will be broken. (Allah, Forbid) If one touched or kissed an animal, or touched the vagina of, animal, then the fast will not break, even though there may be, seminal discharge. [Durr-e-Mukhtar, vol.2, pg.137], , Law 14: If one had Ihtilaam (nocturnal emission) or if one made, , gheebat (back-biting), the fast will not break, even though gheebat is a, serious major sin. The Holy Qur’an has mentioned that gheebat is like, eating the flesh of your dead brother. The Hadith has mentioned that, gheebat is more serious than committing adultery. (Even though the, fast will not break), but the radiance and the glow of the vast will be, lost. [Durr-e-Mukhtar, vol.2, pg.138], , ________________________________________________________________________, Note: Intercourse through the rear private part is totally forbidden and a sinful act. As, mentioned earlier, certain rules are mentioned in this book based on cases and case history, and, the solution in such cases. This however does not make such acts permissible. For example, if in a, law book it says that if a person murder someone in such and such manner, then the punishment, is such and such. This is being mentioned to command the ruling and judgement in such a, situation. This does not in any mean that to murder someone is permissible., , 220
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Vol.5 pg.221, Law 15: If one spent the morning in the state of Janaabat (impure, , state where Ghusl is Fard), and even if one remains a Junub (one who, is in an impure state) for the entire day, the fast will not break, but to, remain without making Ghusl for such a long time, that Namaaz, becomes Qaza, is sinful and Haraam. It has been mentioned in the, Hadith that, the Angels of Mercy do not enter the house in which, there is an impure (Junub) person. [Durr-e-Mukhtar, vol.2, pg.138,, etc.], , Law 16: If one had intercourse with a Jin or a Pari (fairy), then until, , such time that there is no seminal discharge, the fast will not break., [Raddul Muhtar, vol.2, pg.147] This applies when they are not in, human form. However, if they are in human form, then the ruling is, the same as having intercourse with a human., , Law 17: If one chewed a sesame seed or something equivalent to it (in, , size), and it entered the throat with saliva, then the fast will not be, broken, but if the taste is felt in the throat, then the fast will break., [Fathul Qadeer], , 221
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Vol.5 pg.222, , ACTIONS WHICH BREAK THE FAST, AHADITH E MUBAARAKA, Hadith 1: Bukhari, Ahmed, Abu Dawud, Tirmizi, Ibn Majah and, , Daarimi have reported from Abu Hurairah ؓ◌ that Rasoolullah ﷺsaid,, ‘That person who leaves the fast of one day in Ramadaan without a, valid reason, and without any illness, then his fasts of an entire era, cannot be used as a Qaza for it, even if he keeps it.’, , In other words, the excellence which is afforded to one for keeping, fast in the month of Ramadaan, he will never be able to get at any, other time. When there is such a severe warning concerning not, fasting, can you imagine how much more serious it is if one fasts and, then breaks the fast (without a valid reason)., Hadith 2: Ibn Khuzaimah and Ibn Hib’ban in Sahih reported from, , Abu Umama Baahili ؓ◌ wherein in the narrator states, ‘We heard from, Rasoolullah ﷺthat, He ﷺsaid, ‘I was asleep and two people appeared, to Me, and they held My arms and took Me towards a mountain and, they said to Me, Climb! (i.e. Ascend).’ I said, ‘I do not have the ability to, do this.’ They said, ‘we will ease it.’ I ascended it, and when I came to, the middle of the mountain, I heard very loud intense sounds. I asked,, ‘From where are these noises coming?’ He said, ‘these are the sounds, of the Jahannamis (inmates of hell).’ They then took me further, I saw, a nation which was hanged upside down, and their jaws were being, torn apart, from which blood was flowing. I asked, ‘Who are these, people?’ They said, ‘These are those who made their Iftaar before the, prescribed time.’, , 222
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Vol.5 pg.223, Hadith 3: Abu Ya’la with the merit of Hasan reports from Ibn Ab’bas, , that, there are three loops and principals of Deen, on which, the foundation of Islam is established strongly. The one who omits, even one of them is an unbeliever. His blood is Halaal. (The three, things are) to bear testimony to the Shahaadat of Kalima Tauheed, the, Fard Namaaz, and the Fasts of Ramadaan., , ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎ, , It is mentioned in one narration that the one who leaves out any one, of them, is committing kufr with Allah. Neither are any of his Fard,, nor are any of his Nafils accepted., , LAWS OF JURISPRUDENCE, Law 1: The fast is nullified (i.e. broken) by eating, drinking or being, , sexually intimate, when the person remembers that he is fasting., [General Books, Durr-e-Mukhtar, vol.2, pg.147/148], Law 2: Smoking Huqqa, cigars, cigarettes and cheroot (i.e. cigar with, , both ends opened) etc. breaks the fast, even though in his mind, (perception) one feels he is not allowing the smoke to reach the, throat. Eating Paan (betel leaf), or only chewing tobacco will also, break the fast, even if you have spat out the betel-leaf spittle, because, its fine particles definitely reach the throat., , Law 3: If one kept sugar or anything similar to it in the mouth, which, , dissolves when kept in the mouth, and if he swallowed the saliva, the, fast is broken. Similarly, if there was some particle stuck between the, teeth, which is equal to the size of a gram (chana) or bigger, and he ate, it, or if it was less, but he took it out of the mouth and then ate it, or if, blood came out from the teeth, and flowed into the throat, and the, blood was equal to, or more than the saliva, and its taste could be felt, 223
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Vol.5 pg.224, , in the throat, then in all these situations the fast will break, and if it, was less (than this) and the taste was not even felt (in the throat),, then it will not be broken.1 [Durr-e-Mukhtar, vol.2, pg.134/135], Law 4: If whilst fasting one had his tooth extracted, and blood came, , out and flowed in below the throat, then even if this happened whilst, sleeping, the Qaza for that fast is Waajib. [Raddul Muhtar], , Law 5: If one placed something in the rear private part (i.e. in the, , anus) and if the opposite end of that thing is outside the anus, the fast, will not break, otherwise it will break. If it is something which is wet, (moist) and its wetness reaches the inside, then it (the fast) will, absolutely be regarded as broken. This same rule applies to the private, part of a female. In this section (discussion) the female private part, refers to the inner vagina. Similarly, if a person tied a piece of meat on, a string and he swallowed the meat, but the other end of the string, remained outside, and he quickly then pulled it out, not allowing it to, breakup (i.e. be digested), then in this case the fast will not break, but, if the other end of the string also went in, or some portion of the meat, remained inside, the fast will be broken. [Durr-e-Mukhtar, vol.2,, pg.135; Alamgiri, vol.1, pg.204], Law 6: If a female placed a piece of cotton wool (etc.) in her private, , part, and no part of it is outside at all, the fast will be broken. If a dry, finger is placed inside the anus, or if a female placed a dry finger into, her private part, it will not break the fast., ________________________________________________________________________, 1: It is mentioned in Fathul Qadeer that if it is such a particle that can go down the throat, without the help of saliva, then even that will break the fast. However, if it is so little that it can, (only) go down with saliva, otherwise it cannot go down, then this will not break the fast., , 224
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Vol.5 pg.225, , If the finger was wet (moist) or if something was applied on the finger,, then this will break the fast, on condition, that it was placed in that, part of the anus, where the end of the clyster is placed when, performing an enema. [Alamgiri, vol.1, pg.204; Durr-e-Mukhtar,, Raddul Muhtar, vol.2, pg.135], Law 7: If one performed Istinja (washing after passing stool), by using, , more water than required, and the water reached the area where a, clyster is usually placed, then in this case the fast will be broken, and, one should not use excessive water, as there is a risk of illness in doing, this. [Durr-e-Mukhtar, vol.2, pg.135], Law 8: If a male inserted water or oil into the opening from which he, , passes urine (i.e. inside the urethra), then in this case the fast will not, break, even if it reaches the bladder. If a female drops this (water or, oil) into the private part, it will break the fast. [Alamgiri, vol.1, pg.104], Law 9: If one has a wound which reaches the membrane of the brain,, , or the stomach, and medicine was placed in it, then (in this case) if it, reaches the brain or the stomach, the fast will break. This will apply, even if the medicine is liquid or dry. If it is not known whether the, medicine reaches the brain or the stomach, but the medicine is, passing through, then it will still be broken, but (in this case) if the, medicine was dry (powder etc.) then the fast will not break. [Alamgiri,, vol.1, pg.204], Law 10: If one had an enema administered, or if one sucked in, , medicine through the nostrils, or if one put oil into the ear, or if it, went into the ear, it will break the fast. However, if water enters the, ear, or is put into the ear, it will not break the fast. [Alamgiri, vol.1,, pg.204], 225
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Vol.5 pg.226, Law 11: If one was rinsing the mouth and without intent, water went, , down the throat, or if one was sucking water into the nostrils and it, reached the brain, the fast will break, unless he has forgotten that he, is fasting; then in this case it will not nullify the fast, even if he did so, intentionally. Similarly, if someone threw something towards a fasting, person and it went into his throat, the fast will be broken. [Alamgiri,, pg.202], Law 12: If whilst asleep, a person drank some water or ate something,, , or if he opened his mouth and a drop of water or hail entered his, throat, the fast will be broken. [Jauhira, Alamgiri, vol.1, pg.202], , Law 13: If one swallowed someone else’s saliva, or if he took his own, , saliva on his hand and then swallowed it, the fast is broken. [Alamgiri,, vol.1, pg.203], , Law 14: If one put a dyed thread in his mouth, due to which the saliva, , became tinted with its colour, and he then swallowed that saliva, the, fast will be broken. [Alamgiri, vol.1, pg.203], Law 15: If one was twisting some thread, and he moved it around in, , his mouth to wet it, and then he repeated the same thing twice or, thrice, it will not break the fast, unless some moisture from the thread, separated from it and remained in the mouth, and he swallowed the, saliva, then in this case the fast will break. [Jauhira], , Law 16: If tears entered the mouth and one swallowed it, and it was, , only one or two drops, then the fast will not break; and if it was more, than this, and the salty taste of it can be felt in the entire mouth, then, the fast will break. The same rule applies to perspiration. [Alamgiri,, vol.1, pg.204], 226
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Vol.5 pg.227, , Law 17: If the anus comes out (hangs out), then the ruling is that it, , should be properly wiped (cleaned) with a cloth, and then only should, one get up, so that there is no moistness left on it at all. If some water, was still on it and one stood up, causing the water to go inside, the fast, has been broken. It is for this reason that the Fuqaha (The Jurists), have stated that the fasting person should not take (deep) breaths, when performing Istinja (as is the normal procedure when making, Istinja). [Alamgiri, vol.1, pg.204], Law 18: If one kissed a female or touched her, or was intimate with, , her, or hugged her and there was seminal discharge, then the fast has, been broken, and if a female touches a male and he has seminal, discharge, then the fast will not break. If he touched a female over her, clothes, and the fabric is so thick that one cannot feel the body, warmth, the fast has not been nullified, even if there was seminal, discharge. [Alamgiri, vol.1, pg.304], Law 19: If one intentionally vomits a mouthful and he remembers, , that he is fasting, then the fast is definitely broken. If he vomited less, than a mouthful, the fast will not break. If he vomited involuntarily,, then whether it is a full mouth of not, and in any case, if it went back, into the throat, or if he pulled it back into the throat, or if it did not go, back, or even if he did not pull it back in, and if it is not a mouthful,, the fast will not break, even if it went back into the throat or if he, pulled it back himself; and if it was a mouthful and even if only the, equivalent of a gram (chana) went down the throat, the fast will be, nullified, otherwise not. [Durr-e-Mukhtar, vol.2, pg.151/152], , 227
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Vol.5 pg.228, Law 20: This ruling regarding vomiting is only applicable if food, bile, , or blood is present in the vomit. If phlegm comes up in the vomiting,, the fast is definitely not broken. [Alamgiri, vol.1, pg.204], Law 21: The rule concerning a person who without a valid reason, , eats openly (i.e. publicly), is that he should be executed. [Raddul, Muhtar, vol.2, pg.151], , CIRCUMSTANCES WHEN ONLY, THE QAZA IS NECESSARY, Law 1: If one was under the impression that it is not Subho Saadiq, , (True Dawn) as yet, and he ate, drank or was intimate, and later he, realised that true dawn had already appeared; or if he was forced to, eat or drink something and Ikraah-e-Shar’i2 is established (in this, situation), and even if he ate this with his own hand, then in this case,, only that Qaza is necessary, in other words, he will only have to keep, one fast to cover that fast. [Durr-e-Mukhtar, vol.2, pg.139, etc.], Law 2: If one forgetfully ate, drank, or was sexually intimate, or if he, , had seminal discharge due to looking, or if he had Ihtilaam, (nocturnal emission), or if he vomited; then in all these cases if he was, under the impression that the fast had been nullified, and he thus ate, intentionally, then to keep Qaza of just the one fast is Fard. [Durr-eMukhtar, vol.2, pg.139], ________________________________________________________________________, 1: This is the ruling in a Muslim Empire under the leadership of a Muslim Ruler., 2: Ikraah-e-Shar’i is when someone threatens the fasting person, telling him that if he does not, break the fast, then he will kill him, or he will break his hands and legs, or he will cut off the, persons nose or ears or some other body part etc., or that he will beat him up severely, and the, fasting person feels that whatever this person is saying, he will surely do it., , 228
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Vol.5 pg.229, Law 3:, , •, , If one put oil into the ear, , •, , If one had a wound that reaches the membrane of the brain or, the stomach and medicine was put into it, causing it to reach, the stomach or the brain,, , •, , If one had an enema administered, , •, , If one sucked medicine into the nostrils, , •, , If one ate stones, pebbles, paper or grass etc. which causes, people to feel disgust, , •, , If in Ramadaan one remained as if fasting without Niyyat, , •, , If one did not make the intention at True Dawn, but only made, it before Zawaal, and after making the Niyyat, he ate, something, , •, , If one had the Niyyat of Fasting, but he did not make the, Niyyat for the fast of Ramadaan, , •, , If a drop of rain or hail entered the throat, , •, , If one swallowed a large amount of tears or perspiration, , 229
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Vol.5 pg.230, , •, , If one was intimate with a very small girl who is not capable of, intimacy1, , •, , If one had intercourse with a dead person, or with an animal,, , •, , If one was intimate in the thigh or stomach,, , •, , If one kisses someone, , •, , If one sucked on the lips of a female, , •, , If one touched the body of a female, even if there is clothing, in-between, but the warmth of the body can be felt, and in all, these situations (of intimacy) there was also seminal discharge, , •, , If one masturbated thereby having seminal discharge, , ________________________________________________________________________, 1. It must be noted that for a male to have any sexual intimacy with a male and for a female to, have any such intimacy with a female is a cursed, forbidden and sinful act. The same applies to, such intimacy with animals, minor children and deceased. One who does this invites the Wrath, of Allah and will be severely punished for this huge sin in the hereafter. These situations are only, being explained here to clarify the Shariah rulings in this regard. This point should be kept in, mind when reading any other law in this relation throughout the Bahaar e Shariat or in any, other authentic book of Islamic law. Giving examples of such cases in no way implies or makes, such sinful acts permissible, but these are explained to clarify the law if (Allah forbid) such, situations arise., , 230
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Vol.5 pg.231, , •, , If one had seminal discharge by way of ‘Mubashirat-eFaahisha’ 1, , •, , If with the exception of the Ada (current fasts) of Ramadaan, he caused any other fast to become nullified, even though it, may have been the Qaza fast of Ramadaan, , •, , If a female was sleeping and whilst she was asleep, intimacy, took place with her, , •, , If she was in a conscious state in the morning and made the, Niyyat to fast, and then became insane, and intimacy was, performed with her in that condition, , •, , If one is under the impression that it is still night, and he ate, Sehri, , •, , If there was a doubt as to whether it was still night time, but, one ate Sehri, whereas it was already morning, , •, , If one made Iftaar and was under the impression that the sun, has already set, whereas it had not as yet set, , •, , If two people gave Shahaadat that the sun has set and two, gave Shahaadat that it is daytime, and you made Iftaar, and, later you realised that the sun had not set., , ________________________________________________________________________, 1. Mubashirat-e-Faahisha: refers to a male touching his erect penis against the private parts of a, female or the private parts of another male; or if a female rubs her private part against the, private part of another female and there is nothing (clothes etc.) between them., , 231
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Vol.5 pg.232, , In all the above cases only the Qaza will be necessary and not the, Kaffarah. [Durr-e-Mukhtar, vol.2, pg.140-145], Law 4: If a Musafir (traveller) took up residence; or if a female, , attained purification from Haidh or Nifaas; or if an insane person, regained his/her senses; if one was ill and became well, the one whose, fast was nullified, even if someone made him forcefully break his fast,, or if water etc. is going into the throat by mistake;, , if a person was a kaafir and he became a Muslim; if one was Na-Baaligh, and became Baaligh; if one thought it was night time and ate Sehri,, whereas it was already morning; if one thought the sun had set and, made Iftaar, whereas the daytime still remained; then in all the above, circumstances, it is Waajib to complete the remainder of the day like a, fasting person would. (In the above circumstances) there is no Qaza, upon the Na-Baaligh who became Baaligh and upon the kaafir who, became a Muslim. All these others must keep the Qaza fast. [Durr-eMukhtar, vol.2, pg. 135-142], Law 5: If a Na-Baaligh became Baaligh in the day, or if a kaafir, , became Muslim in the day and it was a time wherein the Niyyat of, Fasting can be made, and they did make the Niyyat, but then broke the, fast; then the Qaza for that day is not Waajib upon them. [Raddul, Muhtar, vol.2, pg.147], , Law 6: If a child reaches the age of ten years, and he has the strength, , to fast, then he should be made to fast, and if he does not fast, he, should be reprimanded and made to fast. If it is seen that he has the, full strength to keep fast, but he kept the fast and then broke it, the, command of Qaza will not be given to him, but if he breaks his, Namaaz, he should be made to repeat it. [Raddul Muhtar, vol.2, pg.147], 232
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Vol.5 pg.233, Law 7: If a menstruating female, or one in post-natal bleeding, , becomes paak (pure) after Subho Saadiq, and if she made the Niyyat of, fasting before Zahwa e Kubra, then the fast for that day is not valid, be, it Fard or Nafil. If a Mareedh (ill person) or Musafir (traveller) made, Niyyat, or if a Majnun (insane person) regained his senses and then, made Niyyat, then the fast kept by all of them is valid. [Durr-eMukhtar, vol.2, pg.146/147], Law 8: If one was engrossed in sexual intimacy before Subho Saadiq,, , or if he was forgetfully engrossed in it, and the moment true dawn, appeared, he remembered, and on remembering, if he immediately, pulled away, then there is nothing, and if he remained in this, condition, then Qaza is Waajib, but there is no Kaffarah. [Durr-eMukhtar, Raddul Muhtar, vol.2, pg.147], Law 9: If the fast of a deceased person had become Qaza (i.e. he, , passed away and was liable for Qaza fasts), then his guardian should, pay the Fidya (compensation/payment) on his behalf. In other words,, this applies if the deceased had made a Wasiyat (Bequest) for the, same, and he left behind sufficient funds; otherwise, it is not, necessary for the guardian to fulfil it, but if he does so, it is better, (more virtuous). [Alamgiri, vol.1, pg.207], , 233
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Vol.5 pg.234, , CIRCUMSTANCES WHEN KAFFARAH, (EXPIATION) IS ALSO NECESSARY, Law 1: If in Ramadaan a Mukal’laf (responsible and accountable, , person) Muqeem (resident, i.e. non-traveller), kept fast with the, Niyyat (intention) of ‘Ada’ (keeping the current fast) of Ramadaan, and, he had intercourse with a person who is capable of sexual arousal, (lustful feelings), in their front or rear private part, be this whether, there was seminal discharge or not, or if someone had intercourse, with a fasting person; or if one ate something (food etc.) or some, medicine, or if one drank water, or if one ate or drank something to, get pleasure, or if one did such an act by which the (time) of Iftaar, cannot be determined, and he determined that his fast is broken, and, then he intentionally ate and drank, for example if he had phlebotomy, or cupping done, or if he applied Surmah (collyrium), or was intimate, with an animal, or if he touched a female, or kissed her, or slept beside, her, or performed Mubashirat-e-Faahisha, but there was no seminal, discharge in any of these situations, or if he placed a dry finger in the, rear private part; and after doing any of these (the above mentioned),, if he intentionally ate something, then in all the above cases, the Qaza, and the Kaffarah (expiation) are both essential (i.e. necessary)., Additionally, in the case where there was no chance of assuming it to, be the time of Iftaar and he assumed that it was, and some Mufti gave, the Fatwa (edict) that the fast had become invalid, and the Mufti is, one in whom the people of the city have full confidence, and the, person intentionally ate after the Mufti issued this Fatwa; or if he, heard such a Hadith from which he could not really derive the proper, understanding, and through this incorrect understanding he felt that, the fast was nullified, and he intentionally ate, then in this case the, Kaffarah is not necessary, even if the Mufti gave the incorrect Fatwa,, 234
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Vol.5 pg.235, , or if the Hadith which he heard could not be verified. [Durr-eMukhtar, vol.2, pg.147-149], Law 2: In the circumstances where Kaffarah becomes necessary after, , breaking the fast, the condition is that one must have made the Niyyat, for the fast of Ramadaan from the night (i.e. before Subho Saadiq), and, if he made the Niyyat during the daytime (after Subho Saadiq), and, then broke it, the Kaffarah is not necessary. [Shaami, vol.2, pg.147], Law 3: If the Musafir reached home (i.e. his permanent residence), , after Subho Saadiq, but before Zahwa e Kubra, and he made the Niyyat, for fasting, and then broke it; or if a Majnun (insane person) regained, his senses at that time and hence made the Niyyat of fasting, and then, broke it, there is no Kaffarah. [Alamgiri, vol.1, pg.206], Law 4: For the Kaffarah to become necessary (essential) it is also, , necessary that after breaking the fast, no such thing took place, which, is contrary to fasting; or something which is not within your control, (without choice), through which one has the Rukhsat (permission) to, make Iftaar; for example, if a female got her menstrual cycle, or began, post-natal bleeding on the same day; or after breaking the fast on that, day, one was afflicted by such an illness, in which one is exempt from, fasting, then (in this case) the Kaffarah falls away; but it will not fall, away due to travelling, because this is something which is within your, control. Similarly, if you wounded yourself and the situation becomes, such that you are not able to fast, then in this case also the Kaffarah, will not fall away. [Alamgiri, vol.1, pg.206], Law 5: If one committed such an act which causes Kaffarah to become, , Waajib, but the King/Ruler then compelled him to go on a journey,, then in this case the Kaffarah will not fall away., 235
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Vol.5 pg.236, Law 6: If a male was forced to be sexually intimate, or if a female was, , forced to be sexually intimate by a male, and then during the, intimacy, he or she became comfortable to partake wilfully, then in, this case the Kaffarah is not necessary, because the fast has already, broken initially. [Jauhira] Being compelled (or helpless) here, refers, to Ikraah-e-Shar’i in which the person is facing the real threat of, either being killed, or his limbs being cut off, or being severely beaten,, and in this situation the fasting person realises that if he or she does, not listen to the person, then he will do as he has threatened., Law 7: For Kaffarah to become necessary, it is not necessary that he, , or she eats a full stomach of food. Even eating a little will make it, (Kaffarah) Waajib. [Jauhira], , Law 8: If one applied oil or took part in backbiting, and he then felt, , that his fast has been broken (due to this); or some Aalim gave a Fatwa, that the fast is broken, and the person ate and drank, then in this case,, the Kaffarah is still necessary. [Durr-e-Mukhtar, vol.2, pg.149/150], Law 9: If one vomited, or he forgetfully ate, or was sexually intimate,, , and in all these situations he knew that the fast has not been nullified,, but he still ate thereafter, then Kaffarah is not necessary. If he had, Ihtilaam, and he knows that this did not break the fast, but he still ate, thereafter, the Kaffarah is necessary. [Raddul Muhtar, vol.2, pg.148], , Law 10: If he spat out saliva and then sucked it up; or if he swallowed, , the saliva of someone else, then in this case there is no Kaffarah, but if, he swallowed the saliva to attain the pleasure of his beloved, or if he, swallowed the saliva as Tabarruk of a pious person, then the Kaffarah, is necessary. [Raddul Muhtar, vol.2, pg.148], 236
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Vol.5 pg.237, Law 11: In the cases where there is no Kaffarah for breaking the fasts,, , the condition here is that, it must have happened only once, and he, had not intended to commit this error (sinful act), otherwise one has, to give Kaffarah for it. [Durr-e-Mukhtar, vol.2, pg.145], , Law 12: If one ate raw meat, even though it may be that of the, , carrion, Kaffarah is necessary, unless it has become rotten and, contaminated with worms, then in this case there is no Kaffarah., [Raddul Muhtar, vol.2, pg.141], , Law 13: Eating sand will not make Kaffarah necessary, but if one eats, , Gil-e-Armani (Armenian bole), or that sand which he or she has a, habit of eating, then Kaffarah will be Waajib. If one ate a little salt,, Kaffarah is Waajib and if one ate a lot, it is not Waajib. [Jauhira,, Alamgiri, vol.2, pg.205], , Law 14: If one dipped bread (roti) in impure (Najis) gravy and then, , ate it; or if he usurped something belonging to someone else, and ate, it, then the Kaffarah is Waajib; and if there was blood in ones saliva,, even if the blood is more (than the saliva), and he swallowed it, or if he, drank the blood, there is no Kaffarah. [Jauhira], , Law 15: If one ate raw quince or pistachio; or roasted walnuts or, , dried ones; or if he swallowed roasted almonds, or an egg with its, shell, or a pomegranate with its peel, then there is no Kaffarah, and if, he ate dry (raw) pistachio or raw almonds by chewing it, and it also, has the pith in it, then there is Kaffarah for this, and if he swallowed it, roasted, then there is no Kaffarah, even though it may be split. If one, swallows wet roasted almonds, there is Kaffarah for this. [Alamgiri,, vol.1, pg.202], , 237
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Vol.5 pg.238, Law 16: If one ate the herbs of gram (chana), the Kaffarah is Waajib., , The same rule applies to the leaves of trees, if they are commonly, eaten, otherwise not. [Alamgiri, vol.1, pg.205], , Law 17: If one ate the peel of a musk-melon or sweet-melon, then if it, , is dried up, and in such a state that people dislike eating it, then there, is no Kaffarah; otherwise there is. If one ate some rice (Chaawal),, millet (Baajra), black lentils (Masoor) and green lentils (Moong), there, is no Kaffarah. The same ruling applies to raw barley. If it is roasted, (cooked), then the Kaffarah is necessary. [Alamgiri, vol.1, pg.203-205], , Law 18: If one took a sesame seed or some other thing to eat, which is, , equivalent to a sesame seed, and from outside, put it into the mouth, and swallowed it without chewing, the fast has been nullified and, Kaffarah is Waajib. [Durr-e-Mukhtar, vol.2, pg.153], Law 19: If someone else chewed a morsel (of food) and gave it to, , someone, and he ate it, or if he took it out of his own mouth and then, ate it, there is no Kaffarah. [Alamgiri, vol.1, pg.203] This is on, condition that he does not regard that which was chewed by the, person to be pleasurable, or a Holy blessing (Tabarruk)., Law 20: If a morsel of Sehri was in one’s mouth and True dawn, , appeared, or if he was forgetfully eating and while the morsel was in, his mouth, he remembered, but swallowed it, then in both cases, Kaffarah is Waajib. If he took it out of his mouth and then again ate it,, then only Qaza is Waajib and not Kaffarah. [Alamgiri, vol.2, pg.203], , Law 21: If a female had intercourse performed with a Na-Baaligh or, , with a Majnun, or if she compelled the man to be intimate (with her),, 238
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Vol.5 pg.239, , then Kaffarah is Waajib on the female and not on the male. [Alamgiri,, vol.1, pg. 204/205], Law 22: If one ate musk, saffron, camphor and vinegar, or if he drank, , the water (juice from) musk-melon, sweet-melon, cucumber or Baaqila, (kind of bean), the Kaffarah is Waajib. [Alamgiri, vol.1, pg.205], , Law 23: If a fasting person is brought forth to be executed in the, , month of Ramadaan, and he asked for water and someone gave him, water, and he was then released (i.e. the execution was stayed), then, the Kaffarah is Waajib on him. [Alamgiri, vol.1, pg.206], Law 24: If one is usually afflicted by intermittent fever on a, , particular day, and today was that day, and he assumed that the fever, will come, so he broke the fast with intent, then in this case the, Kaffarah falls away (i.e. there is no Kaffarah). Similarly, if a female is, used to getting her menstrual cycle on a particular day, and today was, the day her cycle comes, so she intentionally broke her fast, but the, menstrual cycle did not come, the Kaffarah falls away. If one had full, conviction that today he will have to fight the enemy and he broke the, fast, but the battle did not take place, the Kaffarah is not Waajib., [Durr-e-Mukhtar, vol.2, pg.151], Law 25: The Kaffarah for breaking a fast (intentionally) is that if, , possible one should free one ‘Raqaba,’ in other words, to free one male, or female slave. For example, if he does not have a handmaid or slave,, or he does not have sufficient funds to buy one, or if he has the funds,, but a ‘Raqaba’ is not available, just as it is the case nowadays here in, India (and in other countries as slave trade is not existing), then one, should keep sixty fast one after the other, and if one is unable to do, this as well, then he (or she) should feed sixty needy persons a, 239
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Vol.5 pg.240, , stomach full meal for two meals. In the case of fasting, if in the midst, (of keeping the sixty fasts), even one day is missed, one should start, afresh from today again, and the fasts which were kept before this will, not be counted, even if he had already kept fifty-nine fasts, and even if, he missed out that one because of illness or some other reason,, except in the case of a female, in the situation when she gets her, menstrual cycle, then in this case, the days which she missed due to, her menstruation will not be counted as missed. In other words, the, fasts before the Haidh and the ones after the Haidh will be added up to, make sixty and this will fulfil the Kaffarah. [Many books of Fiqh,, Raddul Muhtar, vol.4, pg.447], Law 26: If one broke two fasts, then he is liable for two Kaffarah, even, , though he has not as yet discharged the Kaffarah of the first one., [Raddul Muhtar] In other words, if both fasts are from two separate, Ramadaans. If both fasts are from the same Ramadaan, and he has not, discharged the Kaffarah of the first fast as yet, then one Kaffarah is, sufficient for both. [Jauhira] More Juz’iyaat regarding Kaffarah will be, discussed in the Chapter on Zihaar, In’sha Allah., Law 27: Kaffarah will become Waajib on everyone, be it a freeman, a, , slave, male, female, King, or beggar. Even if a slave-girl knew that True, Dawn has broken, and she mentioned to her master that true dawn, has not broken as yet, and he was intimate with her, Kaffarah is, Waajib on the slave-girl, and her master will only be liable for Qaza., [Raddul Muhtar, vol.2, pg.150], , 240
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Vol.5 pg.242, Hadith 8: Abu Dawud reported from Abu Hurairah ؓ◌ that a person, , asked Nabi ﷺabout a fasting person having sexual intimacy., Rasoolullah ﷺgave him permission. Another person then came and, asked the same question, so He ﷺforbade him. The one whom he, permitted was a very old person and the one whom he forbade was a, young person., , Hadith 9: Abu Dawud and Tirmizi report from Aamir bin Rabee’a ؓ◌., , He says, ‘On numerous occasions I saw Nabi, whilst fasting.’, , ﷺ, , perform Miswaak, , LAWS OF JURISPRUDENCE, Law 1: To tell lies, backbite, be vulgar (swear), speak shamelessly,, , cause harm to someone, are all actions which are impermissible and, Haraam at any given time, and during fasting they are Haraam at a, greater level, and due to these actions, the fast becomes defective /, disapproved (Makruh)., Law 2: It is Makruh for a fasting person to taste or chew anything, , without a valid reason. One is allowed to taste something, if a woman’s, husband or the master of a handmaid or slave is ill-tempered, and if, the salt (in the food) is less or more, it will cause him to become, infuriated, so to taste (the food) in such a situation is allowed., In regards to chewing, the reason where one is allowed to chew, something, is if the child is so small that he or she is not able to eat the, roti (bread), and there is also no soft food available to feed him, and, there is neither any other woman there, such as one who is not fasting, due to Haidh or Nifaas, who can chew the bread and then feed it to, 242
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Vol.5 pg.243, , him, then in this case to chew the roti etc., in order to feed it to the, child is not Makruh. [Durr-e-Mukhtar, vol.2, pg.153], The meaning of ‘tasting’ is not that which is commonly used today; in, other words to eat a little bit of something to find out its taste; in this, there is not only disapproval, but it will in fact break the fast, and if, the conditions of Kaffarah exist, then even the Kaffarah will be, necessary. In reality, ‘tasting’ means that it should be kept on the, tongue and then tasted, and it should then be spat out. Nothing from, it should be allowed to go down into the throat., Law 3: If one purchased something and it is necessary to taste it,, , because if not tasted it will lead to loss, then in this case there is no, harm in tasting, otherwise it will be Makruh. [Durr-e-Mukhtar, vol.2,, pg.153], Law 4: To taste something without an ‘Uzr’ (a valid Shar’i, , justification), which has been mentioned to be Makruh, is only, applicable in the Fard Fast. There is no harm in doing so in Nafil Fasts,, whereas there is a need for it. [Raddul Muhtar, vol.2, pg.153], Law 5: It is Makruh to kiss a female, hug her, or to touch her body, if, , there is a risk of having seminal discharge, or if there is a risk that one, will end up being sexually intimate; and to suck on the lips or tongue, whilst fasting is absolutely Makruh (i.e. be there a risk of seminal, discharge or not), and the same applies to Mubashirat-e-Faahisha., [Raddul Muhtar, vol.2, pg.153], Law 6: To smell rose or musk etc. or to apply oil in the moustache or, , beard, or to apply Surmah (to the eyes) is not Makruh, unless Surmah, is applied as a means of beautification (cosmetic), or if oil was applied, 243
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Vol.5 pg.244, , to lengthen the beard, whereas it is already one fist in length. These, two things are Makruh even outside of Fasting, and thus even more so, during fasting. [Durr-e-Mukhtar, vol.2, pg.155], Law 7: To use a Miswaak whilst fasting, be this whether the Miswaak, , is wet or dry, even if it was moistened with water, and be this before, Zawaal or after Zawaal, it is not Makruh at any time. [General Books,, Alamgiri, vol.1, pg.199], Law 8: To have phlebotomy done, or to have cupping done is not, , Makruh, if there is no risk of feeling weakness; and if there is risk of, feeling weakness, then it is Makruh. One should rather delay it until, after sunset. [Alamgiri, vol.1, pg.199-200], , Law 9: It is Makruh for a fasting person to use excessiveness in, , rinsing the mouth and when putting water into the nostrils. Being, excessive whilst rinsing the mouth means taking a mouthful of water,, and to rinse the mouth, except in Wudu and Ghusl. To put water into, the nose in order to bring coolness to the body, or to bring coolness, (to the body) by taking a bath or wrapping a wet cloth on the body,, are (all) not Makruh. However, if one wrapped a wet cloth over the, body to display discomfort, then this is Makruh, as to display lack of, resolution in Ibaadat is not a good thing. [Alamgiri, vol.1, pg.199; Durre-Mukhtar, vol.2, pg.156], Law 10: Passing air (flatulence) whilst in water does not break the, , fast, but it is Makruh. It is also Makruh for a fasting person to be, excessive when performing Istinja. [Alamgiri, vol.1, pg.199], ________________________________________________________________________, Note: Mujaddid e Azam Aala Hazrat Imam Ahmed Raza Khan ؓ◌ states that, if when chewing on a, , Miswaak, it bristles (strands) come loose, or the taste is felt, then one should not make such, Miswaak when fasting., , 244
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Vol.5 pg.245, , At any other time, it is commanded that in Istinja one should exert, pressure downwards, but during fasting, this is Makruh., Law 11: To gather saliva in the mouth and then swallow it is disliked, , when one is not fasting, and whilst fasting, it is Makruh (disapproved)., [Alamgiri, vol.1, pg.199], , Law 12: During Ramadaan it is impermissible to do such things which, , cause one to become so weak, that one feels there is a predominant, likelihood of breaking the Fast. A baker should thus bake bread until, midday, and he should then take rest for the remainder of the days., [Durr-e-Mukhtar, vol.2, pg.157], This command is (also) for builders, labourers and those who do, physically challenging jobs. If there is a risk of becoming very weak,, then one should lessen the work and fulfil the fasts., Law 13: If a person keeps fast and he will become so weak that he will, , not be able to perform his Namaaz whilst standing, then in this case, the command is that he should keep the fast and perform his Namaaz, whilst sitting. [Durr-e-Mukhtar, vol.2, pg.158], This applies when he is unable to the extent which has been, mentioned in the chapter of Namaaz of a Mareedh (Ill person)., Law 14: To eat Sehri and to delay this (to the later time) is Mustahab., , However, it is Makruh to delay it up to the time when one has doubt, with regards to the breaking of True Dawn (Subho Saadiq). [Alamgiri,, vol.1, pg.200], , 245
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Vol.5 pg.246, Law 15: It is Mustahab to be swift in Iftaar, but one should only make, , Iftaar when one is positively certain that the sun has set. One should, not make Iftaar unless he is positively certain, even though the, Muaz’zin may have called out the Azaan. The Iftaar should not be, made too quickly (i.e. the fast should not be terminated) so quickly., [Raddul Muhtar, vol.2, pg.157], Law 16: One may make Iftaar based on the word of one Aadil, on, , condition that he has conviction in his words being truthful; if this, cannot be verified, then one should not just make Iftaar on his word., Similarly, in this case, one should not even make Iftaar on the word of, a Mastur., Nowadays, in many Muslim areas, there is the tradition of firing the, cannon. One may make Iftaar based on this, even if the one firing the, cannon is a Faasiq, on condition that it is fired on the command of an, expert in timings, and who is regarded as a reliable person in Deeni, issues., Nowadays, even the Ulama in general are not accomplished in this, science, and as for the calendars (time tables) which are published,, then most of them are incorrect, so to act based on these is, impermissible. In many places, at the time of Sehri, the drum is, beaten., This too is regarded reliable with the aforementioned conditions, no, matter what and how the one beating it may be. [Raddul Muhtar,, vol.2, pg.145], , 246
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Vol.5 pg.247, Law 17: At the time of Sehri, even the crowing of the cock is not, , regarded reliable, because it is often seen that it starts to crow long, before True dawn breaks, but during winter months, some cocks start, to crow from as early as 2am, whereas there is much time remaining, before Subho Saadiq. Similarly, they start crowing by hearing people, talking and due to their movement, and by seeing brightness. [Raddul, Muhtar, vol.2, pg.145], Law 18: To absolutely regard Subho Saadiq as the sixth of seventh, , portion of night is incorrect. As for the exact time of Subho Saadiq,, then to understand this in detail, study the chapter on ‘Times of, Salaah’, which has been discussed in Bahaar e Shariat volume 3., , 247
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Vol.5 pg.252, , WHEN IS ONE EXEMPT FROM FASTING?, Hadith 1: It is reported in Sahihain from Ummul Mo’mineen A’isha, ر�� اﷲ �ﻌﺎ�� ﻋﻨهﺎ., , She says, Hamza bin Amr Aslami ؓ◌ used to keep fast in, abundance, so he asked Nabi Kareem ﷺif he should fast whilst on, journey, so He ﷺsaid, ‘If you wish to , then you may keep them, and if, you do not wish to, then you do not have to (i.e. you have the choice).’, Hadith 2: It is in Sahih Muslim from Abu Sa’eed Al Khudri, , He, says, ‘On the 16 of Ramadaan we went out in Jihad with Rasoolullah, ﷺ. Some from amongst us kept the fast whilst some did not. However,, neither did the ones who were fasting find fault in the ones who were, not fasting, nor did the ones who were not fasting find fault in those, who were fasting.’, th, , ؓ◌., , Hadith 3: Abu Dawud, Tirmizi, Nasa’i and Ibn Majah reported from, , Anas bin Malik Ka’ab ؓ◌ that Rasoolullah ﷺsaid, ‘Allah has pardoned, (exempted) the Musafir (traveller) from half Namaaz (i.e. he will read, two Raka’ats instead of the four Fard), and He has pardoned, (exempted) the Musafir, a female who is suckling (her infant), and a, pregnant female from fasting (i.e. they have permission, and they do, not have to keep the fasts at that time, but they can discharge it, afterwards).’, , 252
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Vol.5 pg.253, , LAWS OF JURISPRUDENCE, Law 1: All the following are valid reasons due to which one is exempt, , from fasting and if one does not fast in these circumstances, then one, is not sinful;, , 1. During a journey, 2. During Pregnancy, 3. Whilst suckling the infant (i.e. breastfeeding), 4. In Illness (which hinders one from fasting), 5. Old age, 6. Fear of Death, 7. Ikraah (where there is a real threat of one’s life etc being, endangered), 8. Harm to ones intellect (state of mind), 9. In Jihad. [Durr-e-Mukhtar, vol.2, pg.157/158], Law 2: A journey here refers to a Shar’i Journey (i.e. that which the, , Shariah stipulates as a journey). In other words, to intend to go out on, a journey, the distance of which from here to there (the one place to, the other) is the distance of three days, even though the journey is for, some impermissible reason. [Durr-e-Mukhtar, vol.2, pg.158], Law 3: If one travelled in the daytime (on a particular day), then to, , break the fast of that day, for the journey of today is not a valid, reason. However, if he does break it, the Kaffarah is not necessary, but, he will be sinful. If he broke the fast before travelling, and then, embarked on the journey, then the Kaffarah is also necessary. If he, journeyed in the day and forgot something at home, and returned, home to collect it, and he broke his fast at his home, then Kaffarah is, Waajib. [Alamgiri, vol.1, pg.206/207], 253
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Vol.5 pg.254, Law 4: If a Musafir took up (permanent residence) before Zahwa e, , Kubra, and he has not as yet eaten anything, then it is Waajib for him, to make the Niyyat of fasting. [Jauhira], , Law 5: If a pregnant woman or one who is breastfeeding her infant, , truly fears that her life, or the life of the baby is in danger, then she is, permitted not to fast during this time, even though the one, breastfeeding the baby is the baby’s mother or her wet nurse, even if, she has taken up the job to feed the baby milk in Ramadaan. [Durr-eMukhtar, vol.1, pg.159], , Law 6: If an ill person believes there is a predominant likelihood that, , the illness will increase or that it will take longer for him to become, well, or if a healthy person believes there is a predominant likelihood, that he will become ill (if he fasts), or if a maid or male servant, believes that there is a predominant likelihood that they will feel such, severe weakness which they cannot bear, then in all these situations,, they are all permitted not to fast on that day. [Jauhira, Durr-eMukhtar, vol.2, pg.159], Law 7: In these cases, the condition is that of ‘Ghalib Gumaan’ (i.e. on, , the basis of predominant likelihood). Simply assuming this, is not, sufficient. There are three categories of ‘Ghalib Gumaan’:, 1. If the obvious signs of this are evident, 2. If that person has personal experience (in this regard), , 3. If a Muslim Physician who is Mastur, in other words a non-Faasiq,, has informed him (or her) accordingly, 254
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Vol.5 pg.255, , If there are neither any signs (symptoms), and nor does one have any, experience in this regard, or if a proper physician (as aforementioned), has not advised him accordingly, but if he made Iftaar (broke the fast), on the advice of a physician (doctor) who is an unbeliever or a Faasiq,, then Kaffarah is necessary. [Raddul Muhtar, vol.2, pg.159], If most of the physicians of today are not unbelievers, ten (many) are, certainly Faasiq; otherwise to get a reliable (righteous) specialist, physician in this era is becoming very rare. Neither can one really rely, on their word, and nor can one break one’s fast on their advice. You, will find that such physicians ask people to abstain from fasting due to, even very minor illnesses. They do not even realise in which illness, fasting will be harmful and in which illness it would not be., Law 8: If a handmaid (baandi) does not get enough time to fulfil her, , Faraa’id (obligatory prayers) due to being in the service of her master,, then this is not counted as a valid reason. She should fulfil her, Faraa’id, and she is not obligated to remain in his service for that, amount of time. For example, if the time of her Fard Namaaz is about, to expire, then she should leave her duties and fulfil the Fard, and if, she obeyed him and left her fast, then she must give Kaffarah. [Durr-eMukhtar, Raddul Muhtar, vol.2, pg.160], Law 9: If a female starts menstruating, or post-natal bleeding starts,, , her fast will break, and if she becomes completely paak (cleansed), from Haidh within the full ten days and nights, then in all such cases, she will keep the fast of the next day. And if she became paak within, fewer days, then if there is sufficient time until True Dawn in which, she can have her bath and after that only a limited amount of time, will remain, then too she must keep the fast for that day, and if after, 255
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Vol.5 pg.256, , she completes her bath, true dawn breaks, then there is no fast (for, that day). [Alamgiri, vol.1, pg.207], Law 10: A menstruating female, or one in the condition of Nifaas has, , the option of either eating in privacy or eating openly. It is not, necessary for her to remain like a fasting person. [Jauhira] However, it, is better for her to eat in privacy, especially for a female who is in, Haidh., , Law 11: If one is faced with hunger and thirst to the extent that there, , is a real risk of annihilation, or there is fear of damage to one’s sanity, (mental state), then in such a case he/she should not fast. [Alamgiri,, vol.1, pg.207], Law 12: If one was compelled to break the fast, he/she has the choice, , (to either break it or not), and if he/she is patient, then there is great, reward in this. [Raddul Muhtar, vol.2, pg.158], , Law 13: If one was bitten by a snake and his life is in danger, then in, , this situation, he should break the fast. [Raddul Muhtar, vol.2, pg.158], , Law 14: Those who have broken their fasts due to some Uzr (a valid, , Shar’i justification/reason), then it is Fard upon them to keep the Qaza, of those fasts (once the Uzr has ended), and Tarteeb (sequence) is not, Fard in these fasts. Therefore, if one keeps Nafil fasts before these, fasts, the Nafil fasts are valid, but the ruling is that the Qaza fasts, should be kept after the Uzr has ended, and before the following, Ramadaan comes. It has been mentioned in the Hadith, ‘If a person has, Qaza of the previous Ramadaan and he does not keep them, then the, fasts of his current Ramadaan will not be accepted.’ If one did not keep, the Qaza fasts, and the next Ramadaan came, he should still first keep, 256
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Vol.5 pg.257, , the fasts of the current Ramadaan and he should not keep the Qaza (at, this time). Even if a non-Mareedh (one who is not ill), or Musafir made, the Niyyat of Qaza, it will still not be regarded as Qaza, but they (those, fasts) will be regarded as the fasts of the current Ramadaan. [Durr-eMukhtar, vol.2, pg.160] That which is mentioned in the Hadith actually, means that even though the fasts will be regarded as discharged, but, they will not be accepted until such time that the Qaza fasts are kept., Law 15: If personally the Musafir (traveller), or the one travelling, , with him (i.e. his travel companion) will not be harmed in any way by, fasting, then it is more virtuous for him to fast, otherwise it is better, (advisable) not to keep the fast. [Durr-e-Mukhtar, vol.2, pg.160], Law 16: If these people (who did not keep fast due to some Uzr) die, , due to the very same Uzr (reason which exempts them from fasting),, and they did not get sufficient time in which to keep the Qaza fasts,, then it is not Waajib upon them, to make a Wasiyat for the payment of, Fidya (before death), and if they still did make the Wasiyat, then it will, be fulfilled from one third of their estate. However, if they had, sufficient time to keep the Qaza fasts but did not do so, then it is, Waajib for them to make a Wasiyat (for payment of Fidya). Also, if, they did not keep the fasts intentionally, then it is Waajib to a greater, extent to make this Wasiyat before leaving this world. If the person, did not make any Wasiyat and the guardian fulfilled this on his behalf,, then to do this is also permissible. However, it was not Waajib upon, the guardian to fulfil this (payment of Fidya). [Durr-e-Mukhtar, vol.2,, pg.160/161; Alamgiri, vol.1, pg.207], ________________________________________________________________________, Note: That which is mentioned in the Hadith actually means that even though the fasts will be, regarded as discharged, but they will not be accepted until such time that the Qaza fasts are kept., , 257
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Vol.5 pg.258, Law 17: The Fidya for each fast is the same as the amount for Sadaqa, , e Fitr. The Wasiyat will only be executed from one third of the, (deceased’s) estate, if the deceased has left some heirs. If there are no, heirs, and all that he is left will have to be used to discharge his Fidya,, then in this case it is necessary to use all of it for the Fidya. Similarly,, if only the husband or the wife is an heir (inheritor as per Shariah),, then one-third will first be removed, and then only will their (the, heirs) share of inheritance be given to them. After this, if anything is, still left-over, and if it can be used to pay off the Fidya, then it should, be spent for this purpose. [Durr-e-Mukhtar, Raddul Muhtar, vol.2,, pg.161], Law 18: To make Wasiyat for the fasts is only Waajib for those fasts, , which he was able to keep. For example, he was liable for ten Qaza, but, after the Uzr subsided, he only had the ability to keep five, and then, he passed away, then the Wasiyat for only five fasts is Waajib. [Durr-eMukhtar, vol.2, pg.161], Law 19: A person cannot fast on behalf of another person. [General, , books, Alamgiri, vol.1, pg.207], , Law 20: If the heirs (of a deceased person) give the compensation for, , Waajib I’tekaaf and Sadaqa e Fitr, then it is permissible to do so, and, the amount for this is the same which is for Sadaqa e Fitr. If they wish, to pay the Zakaat (owed by the deceased), then they should pay out, that which was Waajib (upon him). [Durr-e-Mukhtar, vol.2, pg.163], Law 21: If a Shaykh Al Faani, meaning such an old person whose age, , is such that he will become weaker as the days go. If he is not able to, keep fast any longer, meaning that there is no real hope that he will, have sufficient strength to fast in the future, then such a person is, 258
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Vol.5 pg.259, , exempted from fasting, and it is Waajib upon him to give Fidya in lieu, of every fast, in other words he should feed a Miskeen (needy person), a full stomach of food for two meals, or he should give the amount of, Sadaqa e Fitr in compensation of each fast, to a Miskeen. [Durr-eMukhtar, vol.2, pg.163/164], Law 22: If such an old person (i.e. the Shaykh Al Faani) is not able to, , keep fast in the summer months due to the hot weather, but he is able, to fast in the winter months, then he is permitted not to fast now, but, for him to keep the (Qaza) fasts for this (the missed fasts) in the winter, months is Fard upon him. [Raddul Muhtar, vol.2, pg.136], , Law 23: If after giving the Fidya, he regains enough strength to be, , able to fast, then the Fidya will count as Nafil Sadaqa, (and) He should, (now) keep the Qaza for those fasts. [Alamgiri, vol.1, pg.207], Law 24: He has the right of either giving the Fidya for all the fasts at, , the beginning of Ramadaan at once, or he may be give it at the end,, and in this ‘Tamleek’ (to make someone Maalik) is not a condition, but, even Ibaahat (consent) is sufficient. It is also not necessary for one to, pay the amount of Fidya one has, to that number of Masakeen (i.e. it, does not mean that if he has five Fidyas, he has to give it to five, separate Miskeen), but one Miskeen can be given the Fidya of multiple, days. [Durr-e-Mukhtar, vol.2, pg.163], Law 25: If one is liable for the Kaffarah of a (broken) oath1 or for, , manslaughter2, and he is unable to keep it due to old-age, then in this, case there is no Fidya for this fast. If he is liable for the Fidya for, breaking a fast or for Zihaar3, then in this case if he is unable to keep, the fast, he should feed sixty Miskeen. [Alamgiri, vol.1, pg.207], 259
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Vol.5 pg.260, Law 26: If someone took a Man’nat (vow) that he will fast always, but, , if he keeps the fast continuously (as he vowed), then he will not be, able to do any job, through which he may be able to earn a livelihood,, then (in such a case) he is permitted to make Iftaar (i.e. not to fast) for, the amount of days that are necessary. And for every fast which he, misses, he should give Fidya, and if he does not even have the means, to do this, then he should make Istighfar (seek repentance). [Raddul, Muhtar, vol.2, pg.164], Law 27: If a person kept a Nafil fast with intent, then breaking it will, , make the Qaza necessary, and to fulfil this is Waajib. If he was under, the impression that he is liable for a fast and he thus started fasting,, and later he realised he is not liable for that fast, then in this case, if, he immediately broke the fast, he is not liable for anything, but after, knowing this, if he still did not break it, then he is now not permitted, to break it. If he does break it now, the Qaza is Waajib upon him., [Durr-e-Mukhtar, vol.2, pg.164/165], , Law 28: If one did not intentionally break a Nafil Fast, but it broke, , without any control, for example, if whilst fasting, a female got her, menstrual cycle, then in this case the Qaza must still be kept. [Durr-eMukhtar, vol.2, pg.165], , Law 29: If one kept Nafil fast on any one (or both) of the two Eids or, , during the Ayaam-e-Tashreeq, then for him to complete that fast is, not Waajib and breaking it will also not make the Qaza Waajib., , ________________________________________________________________________, 1: The Kaffarah for a broken Oath (Qasm) is three fasts., 2: The Kaffarah for manslaughter (unintended killing) demands fasting for two months, 3: The Kaffarah for Zihaar demands fasting for two months, , 260
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Vol.5 pg.261, , In fact it is Waajib (in such a situation) to break that fast, and if he had, taken a Man’nat to fast on any of those days, then in this case it is, Waajib to fulfil the fasts, but it cannot be done on those days (as to fast, on those days is forbidden). They should thus be kept on any other, day. [Raddul Muhtar, vol.2, pg.165], Law 30: To break a Nafil fast without a valid Uzr (i.e. a justification, , stipulated by the Shariah) is impermissible. If the host does not, partake in the meal with the guest, it will offend the guest, or if the, guest does not eat, then the host will feel offended, then this is, regarded as an Uzr to break the Nafil fast., The condition is that one has conviction that he will keep the Qaza for, that fast, and on condition that he breaks it before Zahwa e Kubra, and, not after that. One is permitted to break it after Zawaal, if his parents, are upset (that he is fasting), and this too he may break before Asar., He is not permitted to break it after Asar. [Alamgiri, vol.1, pg.208;, Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.166], Law 31: If a person took a Qasm (oath) by saying that, if you do not, , break your fast, then there is Talaaq upon my wife, then in such a, situation, he should let his Qasm be positive, i.e. he should break the, fast, even if it is the Fast of a Qaza Fast., , Law 32: If a person was invited (for a meal) by one of his brothers,, , then he is permitted to break the Nafil fast before Zahwa e Kubra., [Durr-e-Mukhtar, vol.2, pg.166], , 261
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Vol.5 pg.262, Law 33: A female should not keep the Nafil fast, the fast for a, , Man’nat, and the fast of a Qasm (Oath) without the permission of her, husband, and if she has kept it, then the husband may ask her to break, it. However, if she breaks it, the Qaza is Waajib upon her, but even to, keep this Qaza, she needs to take the permission of her husband,, unless there is separation between her and her husband. In other, words, if he gave her Talaaq e Baa’in, or if he died. However, if there is, no harm to the husband in her keeping fast, such as if he is on, journey, or he is ill or he is in the state of Ehraam, then in these, situations she is allowed to keep the Qaza without permission of her, husband, even if he does not allow her to keep it (she may). However,, even on these days, she cannot keep Nafil without his permission as, well. To keep the fasts of Ramadaan and the Qaza of Ramadaan, she, does not need to take her husband’s permission, and even if he forbids, her to keep them, she should still keep them. [Durr-e-Mukhtar, Raddul, Muhtar, vol.2, pg.167], Law 34: With the exception of Faraa’id, even a bondswoman or a, , slave is not allowed to keep these without the permission of their, master. If the master wishes, he may ask them to break it. They may, keep the Qaza for this fast after being freed, or with the permission of, the master. However, if a slave is responsible for Zihaar with any, woman (i.e. when the husband compares his wife with a woman, within his prohibited relationship e.g. his mother or sister), then she, may keep the fasts of Kaffarah for this without the permission of the, husband. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.176], , 262
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Vol.5 pg.263, Law 35: If a servant or worker keeps a Nafil fast and will thus not be, , able to fulfil his/her duties, so in this case, he requires the permission, of his employer, or the one who appointed him to the job; and if he is, able to fulfil his duties (even whilst keeping the Nafil fast), then there, is no need to seek permission. [Raddul Muhtar, vol.2, pg.176], , Law 36: A daughter does not have to take permission from her father,, , a mother does not need to take permission from her son, and a sister, does not have to seek permission from her brother. If parents forbid, the son from fasting as there is a fear of him becoming ill, he should, obey the wishes of his parents. [Raddul Muhtar, vol.2, pg.167], , 263
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Vol.5 pg.267, , upon those who harbour enmity, and upon those who severe family, ties, and upon those who drag their clothes (with pride), and upon, those who disobey their parents, and upon those who are habitual, alcoholics.’’, The narration which is mentioned by Imam Ahmed from Ibn Umar, اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎalso mentions a murderer., Hadith 20: Baihaqi reported from Ummul Mo’mineen Siddiqa, , ��ر, , ��ر, , that Rasoolullah ﷺsaid, ‘Almighty Allah Manifests His Tajal’li, on the eve of the 15th of Sha’baan. He forgives those who seek, forgiveness, and He showers His Mercy upon those who seek His, Mercy, and He leaves those who harbour enmity, in their (pathetic), condition.’, اﷲ �ﻌﺎ�� ﻋﻨهﺎ, , Hadith 21: Ibn Majah reports from Ali �م اﷲ وﺟہہ ا��ﻳﻢthat Nabi Kareem, , said, ‘When the eve of the 15th of Sha’baan arrives, remain standing, (i.e. remain awake in Ibaadat) on this night, and fast in the day, for, Allah Manifests His Special Tajal’li on the sky of the earth from sunset,, and He says, ‘Is there anyone who seeks forgiveness, so that I may, forgive him! Is there anyone who seeks sustenance, so that I may bless, him with sustenance! Is there someone in calamity, so that I may, grant him relief! Is there anyone in such and such a condition, and He, announces this until the break of Fajr.’’, , ﷺ, , Hadith 22: Ummul Mo’mineen Siddiqa ر�� اﷲ �ﻌﺎ�� ﻋﻨهﺎsays, ‘I did not see, , Rasoolullah ﷺkeep as many fast in any other month, compared to, what He ﷺkept in Sha’baan.’, , 267
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Vol.5 pg.270, Hadith 37: It is in Tirmizi Shareef from Ummul Mo’mineen Siddiqa, , that Rasoolullah ﷺwould pay particular attention to the, Monday and Thursday and keep fast in them., , ر�� اﷲ �ﻌﺎ�� ﻋﻨهﺎ, , Hadith 38: It is in Sahih Muslim Shareef from Abu Qatadah ؓ◌ that, , Rasoolullah ﷺwas asked about his reason for fasting on a Monday, so, He ﷺsaid, ‘It is the day on which I was born, and it is the day on, which Revelation (Wahi) descended upon me.’, Fasts of Some Other Days, Hadith 39: It is reported from Abu Ya’la and Ibn Ab’bas, , ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎ, , that Rasoolullah ﷺsaid, ‘For the one who fasts on a Wednesday,, salvation from Jahannam will be recorded for him.’, Hadith 40-42: It is reported in Tabrani Awsat from them as well,, , that Rasoolullah ﷺsaid, ‘For the one who fasts on a Wednesday,, Thursday and Friday, Almighty Allah will erect for him a Mansion in, Jannat, the outside of which can be seen from inside, and the inside of, which can be seen from the outside.’, It is mentioned in the narration of Anas ؓ◌ that, Allah will erect for, him a Mansion of pearls, emeralds and topaz, and salvation from Hell, will be recorded for him., The narration of Ibn Umar ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎmentions that one who fasts on, these three days, and then gives a little or a lot of charity on a Friday,, then whatever sins he committed will be forgiven, and his condition, will be as he was, when his mother had given birth to him. However,, to fast specifically only on a Friday is Makruh., , 270
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Vol.5 pg.271, Hadith 43: Muslim and Nasa’i report from Abu Hurairah, , that, Rasoolullah ﷺsaid, ‘From amongst the nights, do not specify the eve, of a Friday to stand (in Ibaadat) and from amongst the days do not, specify a Friday to keep fast.’, ؓ◌, , However, if someone was already keeping some type of fasts, and it, happened to fall on a Friday, then there is no harm in this., Hadith 44: Bukhari, Muslim, Tirmizi, Nasa’i, Ibn Majah and Ibn, , Khuzaimah reported from him as well, that Rasoolullah ﷺsaid, ‘Do, not fast specifically on a Friday unless you fast a day before it, or after, it.’, , Ibn Khuzaimah’s narration mentions that, Friday is (a day of) Eid, so, do not fast on the day of Eid (i.e. on a Friday), unless you fast other, fasts before or after it., Hadith 45: It is in Sahih Bukhari and Muslim from Muhammad bin, , Ubaad ؓ◌ that Jaabir ؓ◌ was performing Tawaaf of the Holy Kaaba. I, asked him, ‘Did Nabi ﷺdisallow us from keeping fast on a Friday?’ He, replied, ‘Yes, Qasm on the Rub of this House (i.e. the Kaaba)!’, , 271
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Vol.5 pg.272, , THE FASTS OF NAZAR (MAN’NAT – VOWS), A Shar’i Man’nat is that fast, which once a vow has been taken to, observe it, fulfilling it becomes Waajib. There are certain, unconditional pre-requisites for it:, 1. It should be such a Man’nat, which is something that qualifies under, the Waajib act. One cannot take a Man’nat (vow) to visit a sick person,, or to go to the Masjid, or to go with the Janaazah, as these are invalid., 2. The Ibaadat should by itself be the objective. It should not be a, means to another Ibaadat. Therefore, to take the Man’nat of, performing Wudu, or Ghusl, or looking at the Mushaf is not a valid, Man’nat., 3. The Man’nat should not be for that which the Shariah has already, made Waajib upon him, be it in the present or in the future; for, example, to take a Man’nat to pray the Zuhr of today, or to pray any, Fard Namaaz is not valid, because these are already compulsory upon, him., 4. The Man’nat which he has taken should be something which by, itself, is not something which is sinful, and if it is sinful for some other, reason, then the Man’nat is still valid. For example, to fast on the Day, of Eid is forbidden, if he has taken a Man’nat to fast on Eid day, the, Man’nat will be valid, even though the command is that he cannot, keep it on that day, rather he will have to keep it on some other day,, as this being forbidden is temporary, i.e. it is forbidden because it is, the day of Eid, but fasting by itself, is actually something which is, permitted., 272
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Vol.5 pg.273, , 5. It should not be the Man’nat of something which is totally, impossible to fulfil. For example, if a person took a Man’nat, saying I, will fast yesterday. This Man’nat is invalid (as yesterday has passed, and it is totally impossible to do)., , LAWS OF JURISPRUDENCE, Law 1: For the Man’nat to be valid, it is also not necessary that the, , intention of it should be in the heart. If he intended to say something, else and the words of Man’nat were uttered from the tongue, the, Man’nat has become valid. If he intended to say, for the pleasure of, Allah, I am liable to keep fast for one day, and instead of the day the, word month was mentioned by him, so now it is Waajib for him to, keep fast for the one month. [Raddul Muhtar, vol.1, pg.170], , Law 2: If one took a Man’nat to fast on ‘Ayaam-e-Manhiya’ in other, , words the days of Eid, Baqr Eid and on the 11th, 12th and 13th of ZulHijjah, and he also went ahead and kept the fasts on these days, then, even though it was sinful to do so, but the Man’nat will still be, regarded as being discharged. [Durr-e-Mukhtar, vol.2, pg.170], Law 3: If one made a Man’nat to observe fasts for this year, then in, , this case he may keep fast for the entire year, excluding the ‘Ayaam-eManhiya’, and he may keep these fasts on any other days except these, days. If he also kept the fasts on the ‘Ayaam-e-Manhiya’ the Man’nat, has been discharged, but he is sinful. This rule is if he intended the, Man’nat before the ‘Ayaam-e-Manhiya’, and if he intended it after the, ‘Ayaam-e-Manhiya.’ In other words, if he intended the fasts of this, year, on the eve of the 14th of Zul-Hijjah, then the Man’nat will be, discharged by fasting until the end of Zil- Hijjah, because this, (current) year ends at the end of Zil Hijjah. If he intended before, 273
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Vol.5 pg.274, , Ramadaan the fasts of this year, then he is not liable to keep the fasts, which are in place of the fasts of Ramadaan (i.e. they are included). If, he took a Man’nat to keep fasts one after the other (continuously),, then even in this case he cannot fast on the forbidden days. He should, not fast on those days, but he should keep the Qaza of those fasts, afterwards, one after the other. If he remains even one day without, fasting, then all the fasts which he kept before that day, will have to, be repeated. If he intended a Man’nat to fast for the entire year, then, after keeping fast for an entire year, he should still keep a further, thirty-five or twenty-four fasts; in other words, in place of the month, of Ramadaan, and for the five days of ‘Ayaam-e-Manhiya,’ even, though he may have kept fast on these days, because in this situation, they are not sufficient. However, if he said, I will keep the fast of one, year continuously, then now there is no need for him to keep the fasts, of those thirty days, but in this case if they are not kept one after the, other (without a break except for the forbidden days), then he will, have to start all over again. However, he should not fast on the, forbidden days, but after the year ends, he should keep five fasts, continuously (i.e. one after the other). [Durr-e-Mukhtar, Raddul, Muhtar, vol.2, pg.170], Law 4: In the words of Man’nat, the conjecture of Yameen (i.e. a, , Qasm) is also present, thus here there are six cases:, , 1. If one did not make any Niyyat with those words, neither that of, Man’nat nor that of Yameen (Oath)., 2. If he only made the Niyyat of Man’nat. In other words, He did not, intend it being Yameen or not., , 274
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Vol.5 pg.275, , 3. If he made the Niyyat of Man’nat and stipulated that it is not, Yameen., 4. If he made the Niyyat of Yameen and stipulated that it is not, Man’nat., 5. If he made the Niyyat of both Man’nat and Yameen., 6. If he only made the Niyyat of Yameen, and he did not make Niyyat, of it either being or not being a Man’nat., In the first three cases, it is only counted as being Man’nat, so if he, does not fulfil it, he must keep the Qaza for it. In the fourth case, it is, counted as Yameen (an Oath), and if he does not complete it, he will, have to give Kaffarah. In the fifth and sixth cases, it is both Man’nat, and Yameen. If he does not fulfil it, he must perform the Qaza for the, Man’nat and discharge the Kaffarah for the Yameen. [Tanweer ul, Absaar, vol.6, pg.171], Law 5: If he made a Man’nat to keep the fasts of this month, and the, , Ayaam-e-Manhiya fall within this month, he should not fast on those, days, but he should keep the fasts in place of them afterwards, and if, he already kept them (on the forbidden days), he is sinful, but the, Man’nat has been discharged. In this case, it is not Waajib to keep fasts, for the entire month, but he will keep the amount of fasts depending, on the amount of days which are remaining in the month, from the, day when he made the Man’nat, as it is Waajib upon him only on those, days. If that month was the month of Ramadaan, then the Man’nat is, not valid at all, because the fasts of Ramadaan are by themselves Fard., However, if he took a Man’nat of fasting in the month of Ramadaan, and he passed away before Ramadaan, then it is also Waajib to make a, 275
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Vol.5 pg.276, , Wasiyat of feeding the needy (Miskeen) for one month. If one made a, Man’nat to fast in a specific month, such as in Rajab or Sha’baan, then, in this case it is necessary to fast for that entire month. If that month, is 29 days, he should fast 29 days and if it has 30 days, he should fast 30, days; and he should not miss any fast. However, if he does miss a fast,, then he should keep it afterwards, as in this case there is no need to, repeat all the other fasts. [Raddul Muhtar, vol.2, pg.170], Law 6: If one made the Man’nat of fasting for one month, it is Waajib, , for him to keep the fast for a full 30 days, even though the month in, which he kept it was a month with 29 days. It is also necessary that he, should not keep any fasts on the Ayaam-e-Manhiya, because in this, case if he keeps those fasts during the Ayaam-e-Manhiya, then he is, already sinful for doing so, and those fasts are also not sufficient. Also,, if he included the condition of fasting one after the other, or if he, made this Niyyat in his heart, then it is necessary that he should not, miss any. If he missed any fasts, even though it may be in the Ayaame-Manhiya, then from now, he must keep the fast of one month, without any interruption. In other words, it is necessary that within, those thirty days, there should not be such a day in which fasting is, forbidden. If he did not specify the condition of keeping it one after, the other (without interruption), and neither is it in the Niyyat, then, in this case keeping thirty fasts separately will also allow the Man’nat, to be discharged. If a female made a Man’nat to fast for an entire, month, one after the other (uninterrupted), then if she gets a full, month or more in the state of Tahaarat (i.e. purification without, having Haidh), then it is necessary for her to start in such a time, so, that the thirty days end before her Haidh commences; otherwise, she, will have to keep thirty after the Haidh has ended, and if she gets, Haidh before the month ends completely, then in this case she should, keep as many fasts as she can before, and then after the Haidh she, 276
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Vol.5 pg.277, , should continue the remaining fasts one after the other without, missing any. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.172], Law 7: If one made a Man’nat to fast one after the other, , (uninterrupted), then to miss any is impermissible, and if one, separately made Niyyat of keeping ten fasts, then to keep them all,, one after the other is also permissible. [Bahr, Shaami, vol.2, pg.176], , Law 8: Man’nat is of two types, one is Mu’allaq (pending) where one, , says that if such and such of my issues is resolved, or if such and such, person returns from his journey, then I am liable for this much Fasts,, or Namaaz, or Sadaqa etc. for Allah., The other type is Ghayr Mu’allaq, which is not dependent on whether, something happens of not, in other words, he says, I am making, compulsory upon myself this many fasts, or Namaaz, or Sadaqa etc. for, the pleasure of Allah. In Ghayr Mu’allaq, even though one may specify, a time or place, but there is no ruling stating that it cannot be fulfilled, before this time frame, or differently, because even if he kept the fasts, or performed those Namaaz etc. before the time, it will still be, counted as being discharged. [Durr-e-Mukhtar, vol.2, pg.172/173], , Law 9: If one took Man’nat to fast for this Rajab, and he kept the fasts, , in Jamadil Aakhir and it was a month of twenty-nine days, then if, Rajab also is a month with twenty-nine days, it will be counted as, being discharged, and there is no need to keep one more fast. If it, (Rajab) becomes a thirty day month, then he must keep one more fast., [Raddul Muhtar, vol.2, pg.173], , 277
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Vol.5 pg.278, Law 10: If he made Niyyat to keep fast this Rajab, and he fell ill in, , Rajab, then he should keep the Qaza during some other days, and, when keeping this Qaza he has the choice of fasting continuously or, fasting with a gap in-between them. [Durr-e-Mukhtar, vol.2, pg.174], Law 11: In Mu’allaq, one cannot keep the fasts before the condition is, , fulfilled. If one kept the fasts before, and the condition was met later,, then those fasts must be repeated. The initial fasts will not be counted, as its equal. [Durr-e-Mukhtar, vol.2, pg.173], , Law 12: If one made Niyyat to fast for one day, then he has the choice, , of keeping it on any day except for the Ayaam-e-Manhiya. The same, applies if he made intention to fast for two days or three days., However, if he made Niyyat to keep them one after the other, then to, keep them one after the other is Waajib, otherwise he has the choice, to keep them all together or with a gap in-between. If he intended to, keep them with a gap and he kept all together, it is still permissible., [Alamgiri, vol.1, pg.209], Law 13: If one made Niyyat of keeping ten fasts all at once, and he, , kept fifteen fasts and in-between somewhere he missed one fast, and, he cannot remember on which day he did not fast, then he should, keep five more fasts uninterrupted again. [Alamgiri, vol.1, pg.209], Law 14: If a sick person took a Man’nat of keeping fasts for one, , month, and he did not regain good health, and he passed away, then, he is not liable for anything, but if he became well for even one day,, and he did not fast, then it is Waajib to make Wasiyat for Fidya for an, entire month. If he kept fast on that one day, then still there must be a, Wasiyat for the other days. Similarly, if a fit person took a Man’nat, and he passed away before the month finished, it is also Waajib on him, 278
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Vol.5 pg.279, , to make Wasiyat for this, and if he took a Man’nat at night and he, passed away in the same night, then too Wasiyat should be made., [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.173], Law 15: If one took a Man’nat saying, it is Waajib upon me to keep, , fast for Allah, on the day on which such and such person returns. In, this case, if the person returns before Zahwa e Kubra, and he has not, eaten or drank anything, he should fast, and if the persons returns at, night, then there is nothing. Similarly, if he returned after Zawaal or, after he had already eaten something, or the one who took the, Man’nat was a female and on that day she got her Haidh, then in all, these cases there is nothing. However, if he said, ‘It is Waajib upon me, to fast always for the pleasure of Allah, on the day on which such and, such person returns,’ and if the person returned after he had eaten,, then he is not liable for the fast of that day, but the fast of that day on, all the weeks which follow have become Waajib on him. For example,, if the person returned on a Monday, then he must fast on every, Monday. [Alamgiri, vol.2, pg.208], Law 16: If one took this Man’nat that the fast of the day on which, , such and such person returns will be upon me always, and he took a, second Man’nat in which he said, the fast of the day on which such, and such person gets cured, is upon me for always. Then, if coincidentally, the day on which he came, is the same day on which he, became well, then in this case, he will only keep the fast of that one, day every week. This is Waajib upon him. [Alamgiri, vol.1, pg.209], Law 17: If one took a Man’nat to fast for half the day, then this, , Man’nat is not proper (i.e. invalid). [Alamgiri, vol.1, pg.209], , 279
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Vol.5 pg.280, , Chapter 6, I’tekaaf, •, , Virtues of I’tekaaf in the Light of Qur’an, , 281, , •, , Virtues of I’tekaaf in the Light of Hadith, , 281, , •, , Laws of Jurisprudence, , 282, , 280
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Vol.5 pg.282, Hadith 3: Ibn Majah reports from Ibn Ab’bas, , that, Rasoolullah ﷺsaid concerning a Mu’takif; he abstains from sins and, he acquires such great reward from his virtuous deeds, as if he has, performed all the virtuous deeds., Hadith 4: Baihaqi reported from Imam Husain, , ر�� اﷲ �ﻌﺎ�� ﻋﻨهﻤﺎ, , that Rasoolullah, ﷺsaid, ‘For the one who has performed I’tekaaf for ten days in, Ramadaan, it is as if he has performed two Hajj and two Umrah.’, ؓ◌, , LAWS OF JURISPRUDENCE, Law 1: To remain in the Masjid with the Niyyah (intention) of doing, , so for the sake of Allah, is called I’tekaaf, and the conditions for this, are; to be a Muslim, to be of sane mind (Aaqil), and to be pure from, (impurity of) Janaabat, Haidh and Nifaas. To be Baaligh (i.e. to have, reached the age of puberty) is not a condition, and if a Na-Baaligh who, has a sense of understanding and respect, stays in the Masjid with the, intention of I’tekaaf, then this I’tekaaf is proper. To be a freeman is, also not a condition, so a bondsman (slave) may also perform I’tekaaf,, but he has to solicit the permission of his ‘Mawla’ (i.e. his master), and, he (the master) has the right of refusing permission. [Alamgiri, Durre-Mukhtar, Raddul Muhtar, vol.2, pg.176/177], Law 2: It is not a condition or pre-requisite of I’tekaaf for the Masjid, , to be a Masjid-e-Jaame’ as it can also be performed in a Masjid-eJama’at. A Masjid-e-Jama’at is that Masjid in which an Imam and, Muaz’zin have been appointed, even though five daily prayers do not, take place there with Jama’at, and (I’tekaaf) in it is easier. (In actual, Fact) I’tekaaf is absolutely proper in every Masjid, even if it is not a, Masjid-e-Jama’at, especially in this era, where there are many such, 282
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Vol.5 pg.283, , Masjids in which there is neither an Imam nor a Muaz’zin. [Raddul, Muhtar, vol.2, pg.176], Law 3: The greatest merit is to perform I’tekaaf in the Masjid-e-, , Haraam (Makkah), and thereafter the greatest virtue is in performing, ﻋ�ي ﺻﺎﺣﺒہﺎand thereafter the greatest, it in the Masjid-un-Nabawi اﻟﺼﻠﻮة واﻟﺘﺴﻠﻴﻢ, ٰ, virtue is in performing it in Masjid-e-Aqsa, and after this, wherever, there is the biggest Jama’at. [Shaami, Vol.2, Pg.176], , Law 4: It is Makruh (disapproved) for a female to perform I’tekaaf in a, , Masjid, but she should rather perform I’tekaaf in her home. She, should perform it in the area which she has set aside for performing, her (daily) Namaaz, which is known as the ‘Masjid-e-Bayt.’ It is also, Mustahab for a female to set aside a place in the house where she, performs her Namaaz. This area should be kept pure and clean, and it, is advisable to have that area (slightly) raised, like a platform etc. Men, should also set aside a place in the house to perform their Nawafil, as, it is Afdal (more meritorious) to perform the Nafil Namaaz at home., [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.176], Law 5: If a female has not set aside a specific area for her Namaaz,, , then she cannot perform I’tekaaf at home. However, at that time, in, other words when she intended to perform I’tekaaf if she specifically, set aside an area for Namaaz, then she may perform I’tekaaf in that, place. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.176], , Law 6: A Khunsa (a person with reproductive organs of both sexes), , cannot perform I’tekaaf in a Masjid-e-Bayt. [Durr-e-Mukhtar, vol.2,, pg.176], , 283
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Vol.5 pg.284, Law 7: I’tekaaf is of three types:, , 1. Waajib, This is when one has taken a ‘Man’nat’ (Vow) to perform I’tekaaf. In, other words, he uttered it with the tongue. Merely intending this in, the heart will not make it Waajib., 2. Sunnat-e-Mu’akkadah, This refers to the I’tekaaf for the full last ten days of Ramadaan. This is, to remain in the Masjid with the Niyyat of I’tekaaf at the time of the, setting of the sun on the 20th of Ramadaan, and to exit the Masjid on, the 30th after sunset, or on the 29th after the moon has been sighted. If, one makes the Niyyat (intention) of I’tekaaf on the 20th after Maghrib,, then the Sunnat-e-Mu’akkadah has not been fulfilled. This I’tekaaf is, Sunnat-e-Kifaayah, meaning that if omitted by all, then all (the entire, community) will be held accountable, and if even one person, performed it in the town, then all have been cleared of this, responsibility., 3. All Other Types, With the exception of these, any other I’tekaaf is regarded as being, Mustahab and Sunnat-e-Ghayr Mu’akkadah. [Durr-e-Mukhtar, vol.2,, pg.177; Alamgiri, vol.1, pg.211], Law 8: Neither is fasting, nor any specific time frame a condition to, , perform the Mustahab I’tekaaf. From the moment one makes Niyyat of, I’tekaaf in the Masjid, and for as long as one is inside the Masjid, one, will be counted as being a Mu’takif. When he exits, the I’tekaaf will be, terminated. [Alamgiri, vol.1, pg.213] This is reward that one attains, 284
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Vol.5 pg.285, , without any effort, whereby one receives the reward (Sawaab) of, I’tekaaf by simply making Niyyat of I’tekaaf, so we should try not to, lose this (reward). It is advisable to write on the door of the Masjid,, ‘Make the Niyyat of I’tekaaf and you will attain the reward of I’tekaaf,’, so that those who are unaware of this may become aware, and it may, serve as a reminder for those who already know about it., Law 9: For Sunnat I’tekaaf, i.e. that which is performed during the, , last ten dates of Ramadaan (to be proper), fasting is a condition (prerequisite). Therefore, if an ill person or Musafir performed I’tekaaf,, but was not fasting, then the Sunnat (I’tekaaf) has not been fulfilled,, and it will be regarded as Nafil. [Raddul Muhtar, vol.2, pg.178], , Law 10: Fasting is also a pre-requisite in the I’tekaaf of Man’nat. Even, , if a person made the intention of I’tekaaf (of Man’nat) for a month and, stipulated that he will not fast, then even in this case it is Waajib for, him to fast, and if he made Niyyat of I’tekaaf (only) at night, then this, Man’nat is not proper (i.e. it is invalid) as there can be no fasting at, night. However, if he said, there is I’tekaaf upon me for one day and, night, then this is valid. If he says, ‘I make I’tekaaf for today,’ and he, has already eaten, then the Man’nat is not valid. [Durr-e-Mukhtar,, vol.2, pg.177/178; Alamgiri, vol.1, pg.211], Similarly, if he made the intention after the Zahwa-e-Kubra and he, was not fasting, then this Man’nat is invalid, because he cannot make, the Niyyat of Fasting now, and even if he is able to make the Niyyat of, Fasting. For example, before Zahwa e Kubra, then even in this, situation the Man’nat is invalid, because it will be Nafil Fast, and in, this type of I’tekaaf, the Waajib Fast is required., , 285
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Vol.5 pg.286, Law 11: It is not necessary that the fast should be specifically kept for, , the I’tekaaf, but it is necessary to be fasting, even if it is not with the, Niyyat of I’tekaaf. For example, if a person made Niyyat for the, I’tekaaf of Ramadaan, then the Fasts of Ramadaan are sufficient for, that I’tekaaf to be valid, and if he keeps the fast of Ramadaan but does, not perform this I’tekaaf (which he intended), then in this case he, should fast for one month and perform I’tekaaf with it. If he does not, do this, in other words, if he kept fast but did not perform I’tekaaf (as, he intended), and the next Ramadaan has come, then the Fasts of the, second Ramadaan are not sufficient for this I’tekaaf (which he had, initially intended). Similarly, if he kept fast for some other Waajib, reason, then this I’tekaaf will also be invalid with these fasts, and it is, now necessary for him to fast specifically for that I’tekaaf (which he, intended). In the case, where he intended to perform I’tekaaf (for the, entire Ramadaan as per Man’nat) and he neither kept fast, nor did he, perform the I’tekaaf, and afterwards if he is keeping the Qaza of those, fasts, then with these fasts, he may also perform the I’tekaaf of, Man’nat. [Alamgiri, vol.1, pg.211; Durr-e-Mukhtar, Raddul Muhtar,, vol.2], Law 12: If he had kept Nafil Fast and he then intended I’tekaaf for, , that day, then this Man’nat is invalid, because Nafil Fast is not, sufficient for Waajib I’tekaaf, and this Fast cannot be regarded as, Waajib. [Alamgiri, vol.1, pg.211], , Law 13: If he made Niyyat of I’tekaaf for one month (and did not, , specify Ramadaan), he cannot fulfil this in Ramadaan, but he will have, to fast specifically for that I’tekaaf. [Alamgiri, vol.1, pg.211], , 286
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Vol.5 pg.287, Law 14: If a female took a Man’nat to perform I’tekaaf, the husband, , has the right to stop her. In this case she will only fulfil it if the Baa’in, (Talaaq) becomes applicable to her or after the death of her husband., Similarly, a handmaid can be stopped from his by her master. She will, fulfil it only after she has been freed. [Alamgiri, vol.1, pg.211], Law 15: If the husband permitted the wife to perform I’tekaaf, and he, , now wishes to stop her from it, then in this case he cannot stop her., Also, if a master permitted his handmaid to perform it and then he, stops her, then he is not at liberty to now stop her (after permitting, her initially). If he stops her, he will be sinful. [Alamgiri, vol.1, pg.211], Law 16: If the husband permitted the wife to perform I’tekaaf for one, , month and if the wife wishes to perform I’tekaaf continuously for the, entire month, then the husband has the right to command her to, perform it a little at a time until the (I’tekaaf) of one month is fulfilled., However, if, he permitted her to do so in a specific month, then in this, case he now has no choice (in this matter). [Alamgiri, vol.1, pg.211], Law 17: In the Waajib I’tekaaf, it is Haraam (forbidden) for the, , Mu’takif to leave the Masjid without any valid reason. If he leaves, the, I’tekaaf will be invalidated, even though he does so forgetfully., Similarly, the Sunnat I’tekaaf will also be invalidated if he leaves (the, Masjid) without a valid (Shar’i) reason. Likewise, if a female performed, the Waajib I’tekaaf or Masnun I’tekaaf in the Masjid-e-Bayt, she is not, permitted to leave there without a valid reason. If she comes out of, there, even though she may be in the (same) house, the I’tekaaf is, invalidated. [Alamgiri, vol.1, pg.212; Raddul Muhtar, vol.2, pg.180], , Law 18: There are two reasons for which a Mu’takif may leave the, , Masjid;, , 287
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Vol.5 pg.288, , 1. Haajat-e-Tab’i, In other words, that which cannot be fulfilled in the Masjid, such as if, he needs to pass urine or stool, cleanse impurities, or perform Wudu, or Ghusl. The condition with regards to Ghusl and Wudu is that he, should not be able to accomplish this in the Masjid. In other words, if, there is no such thing in the Masjid wherein he can gather the water, of the Wudu or Ghusl, so that not even a single drop of water falls in, the Masjid, as it is impermissible to drop the water of Wudu or Ghusl, in the Masjid. However, if there is a basin (or trough etc.) available (in, the Masjid) and he is able to perform Wudu in it, in such a manner, that a single drop does not spill into the Masjid, then in this case it is, impermissible for him to leave the Masjid. If he leaves, the I’tekaaf will, be invalidated. Similarly, if there is a place made in the Masjid for, Wudu or Ghusl, or if there is a Haudh (pond) present there, he will, now not be permitted to leave the Masjid., 2. Haajat-e-Shar’i, In other words, to go out for Eid or Jummah, or to go onto the Minaret, to call out the Azaan, in the case when the access to the Minaret is, outside. If the access to the Minaret is inside the Masjid, then even a, non-Muaz’zin is permitted to go onto the Minaret, and this is not only, specific to the Muaz’zin (i.e. if the access to the Minaret is inside the, Masjid). [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.181], Law 19: If he (the Mu’takif) went to answer the call of nature, he, , should return immediately after performing ablution. He is not, permitted to wait. If the home of the Mu’takif is far away from the, Masjid, and the home of his friend is near the Masjid, it is not, necessary that he should go to answer the call of nature at the home, 288
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Vol.5 pg.289, , of his friend, but he may also go to his own home. If he has two homes,, and one is nearby and one is far away, then he should go to the one, which is closer, because some Masha’ikh have mentioned that if he, goes to the one which is further away, then the I’tekaaf will be void., [Raddul Muhtar, vol.2, pg.180; Alamgiri, vol.1, pg. 212], Law 20: If Jummah (Namaaz) takes place at a nearby Masjid, then he, , should go there after the sun descends, at such a time in which he is, able to perform his Sunnats before the second Azaan. If the Masjid is, further away, then he may leave even before the sun starts to descend,, but he should go estimating that he will reach there in time to, perform his Sunnats before the second Azaan. He should not go too, early, and this is based on his assumption, i.e. in the situation where, he knows that when he reaches there, he will only have sufficient time, to perform his Sunnats before the second Azaan. He should perform, the four Raka’at of Sunnat after the Fard and then immediately return,, and if he has to perform ‘Zuhr Ihtiyaati’ (i.e. Zuhr performed as a, precautionary measure), then he should perform it after returning to, the Masjid wherein he is performing his I’tekaaf. If he does not return, after performing his latter Sunnats, but he remains there, or if he, completes his I’tekaaf there, then even in this case his I’tekaaf will not, be invalidated, but to do so is Makruh (disapproved). All these rules, will only be applicable if Jummah does not take place at the Masjid in, which he is performing his I’tekaaf. [Durr-e-Mukhtar, vol.2,, pg.181/182], , Law 21: If one performed I’tekaaf in a Masjid wherein Jama’at does, , not take place, he is permitted to leave the Masjid for Jama’at (at, another Masjid). [Raddul Muhtar, vol.2, pg.182], , 289
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Vol.5 pg.290, Law 22: If one tied the Ehraam of Hajj or Umrah during the period of, , I’tekaaf, he should only go after performing his I’tekaaf, and if the, time is insufficient, meaning that if he completes the I’tekaaf, then the, Hajj will become void, then in this case he should go for Hajj and then, thereafter he should repeat the I’tekaaf afresh. [Raddul Muhtar, vol.2,, pg.182], Law 23: If the Masjid (in which he is performing I’tekaaf) has, , collapsed, or if he was removed from the Masjid forcefully, and he, immediately went to another Masjid, the I’tekaaf will not be, invalidated. [Alamgiri, vol.2, pg.212], , Law 24: If one left the Masjid to save someone who is drowning or, , burning, or if he left to give testimony, or if he went out for Jihad, when everyone was asked to come for Jihad, or if he went to visit a, sick person; or to join Janaazah Namaaz, even though there is no other, person to there to read the Janaazah Namaaz, then in all the above, situations the I’tekaaf is invalidated. [Alamgiri, vol.2, pg.212], , Law 25: If a female was Mu’takif in a Masjid (which is disapproved of), , and she has been given Talaaq, then she should return home and, complete the I’tekaaf (at home). [Alamgiri, vol.2, pg.212], , Law 26: If when making Niyyat for I’tekaaf of Man’nat one said that, , he will go out to visit the sick, and for Janaazah Namaaz, or to partake, in educational gatherings, then this condition is permissible. If he now, leaves for these reasons, the I’tekaaf will not be invalidated. However,, it is not sufficient to make this Niyyat in one’s heart, but it is, necessary to utter it with the tongue (i.e. audibly). [Alamgiri, vol.2,, pg.212; Raddul Muhtar, vol.2, pg.184, etc.], 290
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Vol.5 pg.291, Law 27: If he (the Mu’takif) goes out to pass urine or stool and he is, , stopped on the way by his debtor, the I’tekaaf is invalidated. [Alamgiri,, vol.2, pg.212], Law 28: It is Haraam for a Mu’takif to perform Watee (i.e. to bed a, , female) or to kiss her, touch her or embrace her, i.e. for a Mu’takif all, these are all Haraam. In any case, intercourse will invalidate the, I’tekaaf, even if there is Inzaal (seminal discharge) or not, and even if, this is done with intent or forgetfully, be it in the Masjid or outside,, and be it in the day or at night. If with the exception of in intercourse,, there is Inzaal in any of the other above-mentioned issues, the I’tekaaf, is invalidated, otherwise not. If one has Ihtilaam (nocturnal, emissions), or one had seminal discharge due to thinking of, something, or by looking, then the I’tekaaf will not be invalidated., [Alamgiri, vol.2, pg.213, etc.], , If a Mu’takif forgetfully ate something in the day, the, I’tekaaf is not invalidated. Swearing (being vulgar) and fighting does, not invalidate the I’tekaaf, but it becomes void of Noor (light) and, blessings., Law 29:, , Law 30: A Mu’takif is permitted to perform Nikah, and if he has given, , his wife the Raj’i (revocable) Talaaq, he is even allowed to revoke it,, but if he leaves the Masjid for any of these reasons, the I’tekaaf will be, invalidated. [Alamgiri, vol.2, pg.213; Durr-e-Mukhtar, vol.2, pg.184], For him (the Mu’takif) to perform Rij’at (revoke the Talaaq) by way of, intercourse or kissing etc. is Haraam, even though the Rij’at will take, place., , 291
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Vol.5 pg.292, Law 31: If a Mu’takif ate something which is Haraam or took an, , intoxicant (drug) etc. at night, the I’tekaaf will not be invalidated., [Alamgiri, vol.2, pg.213] However, he is accountable for the sin of that, Haraam and he must make Taubah (repent sincerely)., , Law 32: If he is overcome by unconsciousness and insanity for a, , lengthy period of time, which does not allow him to fast, then the, I’tekaaf will be invalidated, and the Qaza for it is Waajib, and this, applies even if he regains good health after many years. If he becomes, demented, then after regaining health, the Qaza is Waajib upon him., [Alamgiri], Law 33: The Mu’takif should only eat, drink and sleep in the Masjid., , If he goes out of the Masjid for these reasons, the I’tekaaf will be, invalidated. [Durr-e-Mukhtar, vol.2, pg.184, etc.] When eating and, drinking, it is very important to be careful not to mess the Masjid., Law 34: None other than a Mu’takif is permitted to eat or drink in, , the Masjid, and if one wishes to do any of these, he should make the, Niyyat of I’tekaaf and enter the Masjid. He should then perform some, Namaaz and Zikr e Ilaahi and thereafter partake in it (eating or, drinking). [Raddul Muhtar, vol.2, pg.184], Law 35: It is permissible for a Mu’takif to buy or sell something in, , the Masjid to fulfil his own necessities or that of his children and, family, on condition that those items are not in the Masjid. In, addition, even if they are present in the Masjid, they should be so few, that they do not take up space (in Masjid), and if he buys or sells with, the intention of business, then this is not permissible, even though the, items are not in the Masjid. [Durr-e-Mukhtar, Raddul Muhtar, vol.2,, pg.184], 292
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Vol.5 pg.293, Law 36: If the Mu’takif remains silent with the Niyyat of Ibaadat, in, , other words, if he regards remaining silent as something which will, afford him Sawaab, then to do so is Makruh Tahreemi. And if he, remains silent, regarding it as a means of Sawaab, then there is no, harm in remaining silent, and if he remained silent to avoid partaking, in evil talk, then this is not Makruh, but is in fact a very honourable, act, because it is Waajib to save the tongue from evil talk. That which, neither warrants sin nor Sawaab, i.e. that which is Mubah is also, Makruh for the Mu’takif, because Mubah (lawful) conversations be it, due to need or without need inside the Masjid, eats away your, virtuous deeds just as fire eats away at wood. [Durr-e-Mukhtar, vol.2,, pg. 185], Law 37: (The question arises that) If a Mu’takif should not remain, , completely silent and he should not speak as well, then what should, he do? (The answer to this is that) He should recite the Qur’an e, Majeed; he should read Hadith Shareef and recite Durood Shareef in, abundance. He should teach and learn knowledge of Deen, and he, should study the lives and ways of Nabi Kareem ﷺand the other, ﻋﻠﻴہﻢand the narratives related to the Awliyah and, Ambia اﻟﺼﻠﻮة واﻟﺴﻼم, ٰ, Saliheen, and he should write on the issues of Deen. [Durr-e-Mukhtar,, vol.2, pg.185], Law 38: If a person took a Man’nat to make I’tekaaf for one day, the, , night is not included in this. He should enter the Masjid before the, time of Fajr commences, and he should return after the sun has set. If, he takes a Man’nat to make I’tekaaf for two or three days or for more, than that, or if he made Niyyat of I’tekaaf as Man’nat for two or three, nights or more than that, then in both situations if he only takes this, to mean the days or only the nights, then the Niyyat is valid. In the, first situation, the Man’nat is proper and I’tekaaf is only Waajib during, 293
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Vol.5 pg.294, , the days. In this situation, he has the choice to either make the, I’tekaaf of all the days continuously, or he may spread them out. In the, second situation, the Man’nat is invalid (not proper), because the, condition for I’tekaaf is fasting and there is no fasting at night. In, addition, in both situations if both the days and night are being, referred to, or if there was no Niyyat, then in both situations, the, I’tekaaf of the day and night are Waajib, and to perform I’tekaaf for, the said number of days without a break is necessary, and they cannot, be spread out (over a period of time). Also, in this situation, it is, necessary that the I’tekaaf should commence on the night which, appears before that day. Thus, he should enter into the I’tekaaf before, sunset, and he should only exit on the final day after sunset. If he, intended the Man’nat of the day, and he says, ‘I meant the night when, I said day’, then this Niyyat is not valid. The I’tekaaf of both the day, and the night is Waajib. [Jauhira, Alamgiri, vol.2, pg.213/214; Durr-eMukhtar, vol.2, pg.196/197], Law 39: If a person took a Man’nat to perform I’tekaaf on the day of, , Eid, he should fulfil it on any other day on which it is permitted to, keep fast. If he made Niyyat of Yameen (swearing an Oath), he should, give Kaffarah, and if he fulfilled it on the day of Eid, then the Man’nat, has been discharged, but he is sinful. [Alamgiri, vol.1, pg.214], , Law 40: If a person made a Man’nat for I’tekaaf on a particular day or, , month, then he may discharge this even before (the said day); in other, words, as long as it is not Mu’allaq (suspended). If he took Man’nat of, I’tekaaf in the Masjid Shareef, he may also perform the I’tekaaf in, another Masjid. [Alamgiri, vol.1, pg.214], , 294
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Vol.5 pg.295, Law 41: If he took a Man’nat to make I’tekaaf in the month which has, , already passed, then this is invalid. Allah Forbid, if a person took a, Man’nat and then became an apostate (murtad), the Man’nat has, fallen away, and if he becomes a Muslim again, then the Qaza for that, is not Waajib. [Alamgiri, vol.1, pg.214], Law 42: If a person took a Man’nat to perform I’tekaaf for one month, , but then passed away; then in this case for every day, an amount, equivalent to Sadqa e Fitr should be given to a Miskeen (deserving, person). This is on condition that the Niyyat was of Man’nat, and it is, Waajib upon him to discharge the Man’nat, and if he did not discharge, the Man’nat, but his heirs gave Fidya on his behalf, then too it is, permitted. If a sick person took a Man’nat and then died; then if he, had become well even for a single day (during his illness), then for, every day, the amount equivalent to Sadqa e Fitr should be given out,, and if he did not recover even for a single day (during the illness),, then nothing is Waajib. [Alamgiri, vol.1, pg.214], Law 43: If a person made took a Man’nat to perform I’tekaaf for one, , month, then it is his choice to make I’tekaaf in whichever month he, decides to. However, it is Waajib for him to sit in I’tekaaf continuously., If he says my aim of saying one month only referred to the days and, not the nights, then this will not be accepted. The I’tekaaf of both the, day and the night is Waajib. If he said three days, then too the ruling is, the same. However, if whilst taking the Man’nat he says that the, I’tekaaf is only for the days in the one month and not for the nights,, then in this case only the I’tekaaf of the days are Waajib, and now he, even has the choice to perform the I’tekaaf of the thirty days over a, time frame. If he says that he will make I’tekaaf for the nights of one, month and not in the days, then there is nothing. [Jauhira, Durr-eMukhtar, vol.2, pg.187], 295
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Vol.5 pg.297, , METHOD FOR CALCULATING NISAAB & ZAKAAT, PAYABLE BASED ON SILVER, FOR WHICH THE, NISAAB STIPULATION IS FIXED AT 52.5 TOLA, One Tola = 11.664 grams, , 52.5 Tola = 612.36 grams, , Take the current local price of silver and multiply it by 612.36 grams,, to get the current standard Nisaab (Threshold for Zakaat)., Example, 1. If the current silver price is R7.81 per gram, 2. Take R7.81 and multiply it by 612.36 grams = R4782.00, 3. Nisaab is thus 4782.00 as per the current rate, 4. For example, if you have 4782.00 based on the above example,, then the Zakaat payable will be 4782 x 2.5% = R119.55 (Zakaat, Payable), 5. Alternatively take R4782.00 (i.e. whatever is the amount on which, you need to pay Zakaat based on the rules explained in this book,, and divide it by 40. This will also give you the Zakaat which is, payable., Important Note: When working out Zakaat on your gold and, silver jewellery etc. The Zakaat payable is not based on current price, of that jewellery, but it is based on the current price of weight of the, gold or silver., , 297
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Vol.5 pg.298, , In other words, if a person has 111 grams of gold. He or she will, multiply it by the current local price of gold for the said carat of gold., Thereafter he or she will calculate 2.5% of it (i.e. one fortieth) which, will be the Zakaat payable., Example, 1. If the current local gold price of 24 carat gold is R534.00 per gram, 2. As per the above example take 111 grams and multiply it R534.00,, which equals R59, 274. This will be the current gold value for the said, weight., 3. Take 2.5% of the value of that gold which is R59, 274 x 2.5% =, R1481.85. So the Zakaat payable on 111 grams of gold will be R1481.85., 4. Alternatively you can divide the value by 40 and it will also give you, the same amount, which in this example is R1481.85 which is the, Zakaat payable on the weight of that gold., Zakaat is currently worked out based on silver as the silver price per, gram is cheaper than gold currently. If the gold became cheaper than, silver, the Nisaab would be calculate based on gold prices., Silver Nisaab is as per 52.5 Tola Silver, Gold Nisaab is as per 7.5 Tola Gold, , = 612.36Grams (612), = 87.48 Grams, , I have attempted to present the above mentioned formula to make, calculating Nisaab, and your Zakaat on money, gold and silver etc., easier. [Sag e Mufti e Azam Muhammad Afthab Cassim Qaadiri Razvi, Noori], , 298
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Vol.5 pg.299, , STRIVE TO PROTECT YOUR IMAAN, It is the responsibility of every Muslim to strive to protect his or her, , Imaan, and the Imaan of those Muslims around them. The most, , valuable gift that Almighty Allah has bestowed upon us, is the ‘Gift of, Imaan’. We must all strive sincerely in the path of Allah and His Rasool, ﷺ,, , as this is the means of protecting our Imaan. As Muslims, we need, , to inculcate an ‘Atmosphere of Knowing’ amongst ourselves., , We need to know what is acceptable in our Religion and what is not., , We must educate ourselves and our children concerning the different, , deviant sects that have come out of Islam and are portraying, , themselves as Muslims, yet they intend to cause harm to the Imaan of, the Muslims. These sects are wolves in sheep skin. In reality they are, the thieves of Imaan. They intend to destroy the Imaan of the, unsuspecting Muslims., , These corrupt non-Sunnis (deviants) try to lure the simple Muslims, , towards their web, by using their false claims of Namaaz, Fasting and, other important practices of Islam. We need to protect ourselves and, , our children from these mischief mongers and deviant sects. These, enemy of Islam disguised in the garb of Muslims know that by gaining, closeness to Sayyiduna Rasoolullah, , ﷺ,, , a person becomes close to, , Allah. It is for this reason that their point of attack is the personality, , of Sayyiduna Rasoolullah, , ﷺ., , These so-called ‘Muslims’ have tried for, , centuries to remove the blessed practices such as Moulood, Urs,, Gyarhwee Shareef and Esaal-e-Sawaab etc from our communities., 299
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Vol.5 pg.300, , The aim of doing this is because they know that by partaking in such, practices a Muslim gains closeness to the pious servants of Allah, thus, granting them closeness in the Most Majestic Court of the Creator,, , Allah Almighty. It must be noted that the love for the Beloved Rasool, ﷺ, , is the soul of our Imaan., , The Mujaddid of the 14th Century, Imam e Ahle Sunnat Aala Hazrat, , Ash Shah Imam Ahmed Raza Khan ؓ◌ states the following concerning, the Beloved Rasool’s, , ﷺ, , unique personality. He explained that from, , the Blessed Hair of His ﷺBlessed Head, up to His ﷺSacred Feet, The, Beloved Rasool, , ﷺ, , is the Manifestation of Allah Almighty’s, , Magnificence. He also explains that Nabi ﷺis such a unique human,, that no other human is like him in any way. In reality, He ﷺis such a, , splendid, unique and exalted human, that the Qur’an refers to him as, Imaan, whereas Imaan in-turn refers to him as its soul., , We should thus strengthen our souls and hearts by increasing in, ourselves the love for the Beloved Nabi ﷺ. We should inculcate in our, children the love for the Beloved Nabi, , ﷺ,, , and the love for the pious, , servants of Allah. As Sunni Sahihul Aqida Muslims, we should protect, our families and friends from the traps and vices which the hypocrites, , have set in our paths. We need to become true in our claim. We alL, claim to love Sayyiduna Rasoolullah, , ﷺ,, , yet we befriend those who, , slander the Beloved Nabi ﷺor make them partners and agents in our, Deeni matters., , One who has true Imaan will never befriend any person who slanders, the Nabi, , ﷺ,, , His, , ﷺ, , Companions, His, , ﷺ, , Noble Family, and all those, , who love respect and revere them. If one, after knowing the corrupt, 300
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Vol.5 pg.301, , beliefs of those who are trying to mislead us still befriends them and, keeps contact with them, then such a person is disloyal to the Beloved, Nabi ﷺ. We must remain steadfast in our Aqida., , We must openly announce and publicise the correct and proper, , teachings of Islam. We must be true in accepting that Allah is free, from all defects and shortages. We must accept that the Beloved, Rasool, , ﷺ, , Noor, He, ﷺ, , has been blessed with knowledge of the unseen, He, , ﷺ, , ﷺ, , is, , has been blessed with the authority of intercession, He, , has been blessed with being Wasila (the greatest means of, , acceptance in the court of Allah), He, the Final Messenger, He, , Distributor of Kauthar, He, , ﷺ, ﷺ, , assist those in need, and He, , ﷺ, , has been blessed with being, , has been blessed with being the, , has been blessed with the power to, , ﷺ, , has been blessed with the power of, , hearing our Durood, no matter how distant we may be., , We need to remain steadfast on the path of the Ahle Sunnat Wa, Jama’at, which is the true path of the Sahaba-e-Kiraam, Tabi’een,, , Tab’be Taabi’een, The A’ima-e-Mujtahideen and the Awliyah-e-, , Kaamileen. This is the way to protect our Imaan and this is the only, , way to achieve salvation in the hereafter. This blessed path is today, known as ‘Maslak e Aala Hazrat’., , Further, we should be wary of those ‘leaders/scholars’ who associate, , openly with those who support the deviants. We should never follow, those who sit with those who are corrupt. We should not respect, , anyone due to their name and status, but we should respect someone, due to their firmness in Imaan., , 301
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Vol.5 pg.302, , We must also be wary of those scholars, who think nothing of, , attending the venues and programs of those who support and, , publicise the deviants, such as wahabis, deobandis, shias and minhajis, (tahiris) etc. One of most notorious fitnas of this era is the tahiri fitna, , of the deviant tahir minhaji, whose objective is to erase the distinction, , of the true believers. We should keep away from this destructive, movement and all those who have even the slightest affiliation or, , association with it. Shame on those who call themselves leaders of, Muslims, yet they ignore the command of staying away from the, corrupt. They open the doors of ‘contamination’. When those, , ‘prominent scholars’ who are regarded as leaders of the Ahlus Sunnah,, , attend venues and programs of the supporters of budmazhabs, they, have been disloyal to the course of the Ahlus Sunnah. They should, never forget that soon death will overtake them, and they will be, answerable in the Court of Almighty Allah for misleading the innocent, Sunni public., , Allah protect our Imaan and save us from the deviants, their agents,, their sympathisers and those who take lightly the hazards of sitting in, the company of such people. Aameen, Sag e Mufti e Azam, Muhammad Afthab Cassim Qaadiri Razvi Noori, , 302
