الحمد لله رب العالمين،
الحمد لله رب العالمين،
والصلاة والسلام على من بعث رحمة للعالمين،
وعلى آله وصحبه أجمعين
Assalāmu Alaykum Warahmatullāh Wabarakātuh
Honored brothers and sisters,
You are all welcome to this session of the Halqah, asking Allāh to, of His infinite mercies, be merciful to us, and to make it beneficial for us all in this Dunya and the Hereafter, Āmīn
This Session will be used to answer some of the questions that have been asked over the weeks
Question 1
” Assalamu alaykum. My question goes like this, someone woke up in the morning only to find out that he had a wet dream, and he was afraid to birth cold water because it’s fajr time and it will affect him, then he went to the toilet wash his private part and brush, then he performed tayyamu and go to mosque to pray is subhi pray.Now what is the implication of that prayer ? Is the prayer accepted or not. Answer please”
Answer
Wa alaykum salām Warahmatullāh Wabarakātuh
Alhamdulillāh.
It is important to note that what is obligatory on a Muslim to do is to take Ghusl from ejaculation of Manī whenever it gushes out.
( وَإِنْ كُنْتُمْ جُنُبًا فَاطَّهَّرُوا )
“And if you are in a state of Junub, then make the Purification.”
The Hadīth proved to us the kind of Tahārah (Purification) that is meant here. The only exemptions to the Ghusl are the absence of water for it, inability to reach it, fear of harm or illness.
Imām Ibn Hajar Al-‘Asqalānī – rahimahullāh – said:
While commenting on the Hadīth recorded by Imām Abū Dāwud from the Companion ‘Amr Ibn Al-Ās – radiyallāhu ‘anhu – where he reported himself to the Rasūl – salallāhu alayhi wasallam – that he performed Tayammum from Janābah while on a journey because he feared the severity of cold, using as evidence the verse wherein Allāh – ta’ālā – said:
وَلا تَقْتُلُوا أَنْفُسَكُمْ إِنَّ اللَّهَ كَانَ بِكُمْ رَحِيماً
“And do not kill yourselves, indeed Allāh is merciful unto you.”
He (Imām Ibn Hajar) said:
وفي هذا الحديث جواز التيمم لمن يتوقع من استعمال الماء الهلاك سواء كان لأجل برد أو غيره ، وجواز صلاة المتيمم بالمتوضئين
“In this Hadīth is evidence for the permissibility of making Tayammum for the one that expects destruction by the use of water. The ruling applies whether it is by severity of cold or otherwise. It also shows the permissibility of the one who observed Tayammum to observe the Salāt with those who made Wudhū.”
Reference is Fat’hu Al-Bārī
The question that rears its head is what constitutes severity of cold that warrants this Dispensation ( Rukhsah)?
About this, the Ulamā differed. But what they agree on is that there should be a legitimate fear that something would befall you. Whether death, severity of an already present illness, or illness in itself, it must not be a flimsy feeling of coldness and in our case, or your case, what was right was for you to boil or warm your water with whatever you could use of stove, electric or gas boilers, etc, even if that will mean losing out on the Congregational Salāt, as long as the time of Subh will not miss you.
That is because the necessity that warrants tayammum is suspended till the fear of passage of the period of Salāt if the means to raise that necessity exists with certainty before the period of the said Salāt expires. This is the consensus of the Ulamā.
In fact, the majority of the Madhāhib – exempting the Mālikī position hold that he must still delay the Salāt even if it will mean the passage of its time in this case. But the position of Mālik is stronger; That he should only refrain from the tayammum if it wouldn’t mean the passage of its time, which is the rising of the sun. Allahu A’alam
As for the Salāt which you observed, we ask Allāh to accept it from you, but you should take heed to the correction in the answer that we have provided.
Bārakallāhu fīkum
Question 2
” Assalam alaykum. Pls I have a question. This is a serious contemporary issue because as it is, some homes are on fire bcos of this. Pls, what is the Islamic point of view in kneeling down to greet. Kneeling as in flexing the knees and ankles, simple. As we know in Yoruba culture, that is the way of showing respect to elders.”
Answer
Wa alaykumus salām Warahmatullāh Wabarakātuh
Alhamdulillāh
The general ruling that govern any act of greeting the elders with a bowing or kneeling act is impermissibility. This is the generic and sound ruling. In the Hadīth recorded by Imām At-Tirmidhī – rahimahullāh – in the Sunan, from Anas Ibn Mālik – radiyallāhu anhu – a man asked the Rasūl – salallāhu alayhi wasallam – saying:
“A man meets his brother or his friend, should he bow down in greeting?”
The Rasūl – salallāhu alayhi wasallam – answered: “No”
For this reason, Imām An-Nawawī – rahimahullāh – mentioned that it was disliked (makrūh) in the Majmū’ saying:
“It is disliked to bend the back in all situation for the purpose of greeting as the Hadīth of Anas has shown.”
Except that the fuqahā differed on whether it was Harām or Makrūh as An-Nawawi mentioned. From those that considered it Harām are Ibn Taymiyyah, Ibn ‘Allān, Ibn As-Salāh and others, rahimahumullah while those that considered it Makruh are Al-Khatīb Ash-Sharbīnī of the Shāfi’ī school, An-Nawawī as referred, and many of the Mālikī school Imāms.
Al-Allāmah An-Nafrāwī – rahimahullāh – said in Al-Fawākihu Ad-Dawānī :
“And some of the Ulamā passed a verdict permitting bending to greet as long as the bending did not reach the posture of the Ruku'”
Imām Ibn Muflih Al-Hanbalī – rahimahullāh – said in his book ‘Al-Ādābu Ash-Shar’iyyah’:
“And to bend the back by way of greeting is permissible and when Ibn Umar visited Shām, the people of Dhimmah greeted him that way and he did not forbid them, and he said it was their way of respecting the Muslims. But to make the Sujūd as a way of honoring and greeting is Harām as the supported Narrations have proved.”
This verdict holding its permissibility is very weak and the evidence used in its strengthening is weak also. This is due to the generality of the prohibition found in the Hadīth of An as Ibn Mālik – radiyallāhu anhu and the many harms that taking it as a permissibility can cause on the society.
However, if there is fear that refusal to kneel or squat or bend the back slightly will cause a greater harm, and you are not able to hold it off or explain to your family the rulings of the Sharī’a in that regards, then there is a dispensation ( Rukhsah) in that regard.
This is because of the harms it has on the fabric of the home, the hatred and enmity it can cause, the breaking of family ties, and the losing of wherewithal and because the Ulamā differed on it and some of them hold that it were Makrūh. This is the right position and our position on this matter, Allāh Ax’alam
Bārakallāhu fīkum
Question 3
“Assalmu alaikum. Like wise what is the ruling regarding the kind of bowing people normally do in our senate house such as those done during the recent ministerial screening.”
Answer
Wa alaykumus salām Warahmatullāh Wabarakātuh
As for this particular one, there is no stretching of words. It is not permission to do such kind of bowings by the worst stretch of dispensation. Both intention and act are wrong, no tangible fear exists and no one benefits from such a position. The entire apparatus is one based on shirk and its branches.
Bārakallāhu fīkum
Question 4
” Asalamu Alaikum Warahamatullahi Wabarakatuhu, Are Ahmadies (ahmadiya) Muslims?”
Answer
Alhamdulillāh, we have answered the question on the Ahmadis before and we explained that they are Mushrikun and Kāfirs for their beliefs that Ahmad Ghulam was a Prophet, for their belief in a book after the Qur’ān, and their legislation of a Sharī’a after that of the Rasūl – salallāhu alayhi wasallam.
In that regard their ruling is same with the Christians and the Jews and are not in anyway considered any close to Islam and Muslims. If you have any relative that practices such deviancy, try to correct his creed.
Bārakallāhu fīkum, Jazākumullāhu khayran
Question 5
” Assalamu alaykum wa rahmatullahi wabarakaatuh…Concerning the answer on observing qasr in nysc camp, I think in the conditions there is “the journey should not entail disobeying Allah” so that people don’t misunderstand this fatwa. I should be cleared if I misunderstood the answer and conditions. Jazaakallahu Khyran”
Answer
Wa alaykumus salām Warahmatullāh Wabarakātuh
May Allāh grant you understanding and more Ilm for your observation. The condition to which you referred on this matter is known and mentioned by some of the Imāms in their books. Their reference for this is the Precept of their schools that Rukhsah (dispensation) is only given by the Shāri’ (the Law-Giver) to facilitate our obedience to Him and not to disobey Him.
If therefore, the purpose of the journey is in disobedience of Allāh, Qasr which is a dispensation and a facilitation is therefore not to be given. This is the official position in the Shāfi’ī School. The author of the Muhadhdhab said:
“And it is not permissible to observe the Qasr in a journey that involves sin.’
Commenting, Imām An-Nawawī – rahimahullāh – said:
قال أصحابنا : إذا خرج مسافرا عاصيا بسفره بأن خرج لقطع الطريق أو لقتال المسلمين ظلما أو آبقا من سيده أو ناشزة من زوجها أو متغيبا عن غريمه مع قدرته على قضاء دينه ونحو ذلك لم يجز له أن يترخص بالقصر ولا غيره من رخص السفر بلا خلاف عند أصحابنا إلا المزني فجوز له ذلك
“Our fellow said: if a traveler goes out to sin on his journey such as his going out to rob, to kill Muslims illegally, rebelling against his master, breaking against her husband, in unfaithfulness to his binding contract inspite his ability to pay off his debt, or its like, it is not permissible for him to take to the Rukhsah of Qasr or other than it of the Rukhsah of Journeys. This goes without disagreement within the fellows (of our School) except for Al-Muzanī who permitted that for him.”
The Shāfi’ī position is shared by both the Māliki and Hanbalī schools. The position of the Kūfan schools: Al-Awzā’ī, Abū Hanīfah, Sufyan Ath-Thawrī, and others is unrestricted permission for whosoever is travelling without regard to the intention of the traveler.
What is correct, and Allāh knows best is the position held by the Kūfan Schools that it is permissible for all travelers, without regard to the intention they hold to observe the Qasr.
This is due to the generality of the Āyāt and Ahādith that permit the Qasr for the traveler without any restrictions. This position we just mentioned is shared by Shayku Al-Islām Ibn Taymiyyah – rahimahullāh, Shaykh Muhammad Sālih Al-Uthaymīn and many others.
And for this reason, we did not mention that condition in our answer to the question you referred to. Bārakallāhu fīkum
And thereafter, for the passage of time, we shall inshā Allāh pause here for today.
Bārakallāhu fīkum.
Jazākumullāhu Khayran
سبحانك اللهم وبحمدك ونشهد ان لا اله الا الله نستغفرك ونتوب اليك
