🕌 HALQAH SESSION
ANSWERING OF SOME PENDING QUESTIONS
بسم الله الرحمن الرحيم
الحمد لله رب العالمين
والصلاة والسلام على من بعث رحمة للعالمين
وعلى آله وصحبه ومن واله
Assalāmu Alaykum Warahmatullāh Wabarakātuh.
Honored brothers and sisters on the platform!
You are welcome to this week’s session of the Halqah,
Bārakallāhu fīkum.
Insha Allāh, we shall be responding to some of the pending questions.
We ask Allāh to make it beneficial to us all
and to purify our hearts from the many stains of our sins and the many whispers of Iblīs, āmīn
QUESTION
WHAT SHOULD A MAN THAT WASN’T ABLE TO PAY THE MAHR HE PROMISED HIS WIFE DO?
” If a man and the woman have an agreement that he is going to pay her mahr in the future because what the woman ask for is too expensive for him to afford at the time of their nikkah (for example if she requested for an aeroplane) but few months into their marriage the woman started to trouble him to give her the mahr just like she is asking him for his dept when she understood that the man has not get the means yet but just want to frustrate him …Pls my question is that can the man pay her anything he can afford at the moment which is also very tangible but definitely less than what they both agree on initially because of the frustrations from the woman… Pls I need an urgent answer to the question as it has to do with the separation of the nikkah of its not settle ontime”
ANSWER
Alhamdulillāh.
The following matters present themselves in this question:
One, whose right is it to set the ammout or value of the Mahr.
Two, whether it is permissible to marry without the Mahr and intend to pay it in a later date.
Three, meeting up a deadline to pay the Mahr not year paid.
Four, whether or not it is permissible to reduce the value of the Mahr already agreed based on inability to meet an agreed deadline.
The First Matter Whose right is it to set the Value of the Mahr?
On this, the Ulamā have mentioned that since the Mahr is the right of the bride, she, with the consultations of her Wali set the value or ammount of the Mahr
and then the Ulamā proceeded to mention the Hukm of what happens should she and her Wali disagree on what the value of her Mahr should be.
They explain that if the bride mentions an amount lower than what the Wali mentions, and they disagree in that and the Mahru Al-Mithl (The Customary amount given as Mahr in the society) is lower than what the Wali mentioned as the Mahr, then preference is given to what she mentioned.
This is because the Ulamā believe that whenever the bride and her Wali disagree on the value/amount of the Mahr, the deciding factor to settle the difference is the Mahru Al-Mithl
This was referred in Imām Sahnūn’s Al-Mudawwanah.
Then, know, may Allāh be merciful to us all, that it is not of the Sunnah to be extravagant in the value of the Mahr.
Imām Al-Hākim recorded in his Al-Mustadrak, and Al-Bayhaqī in his Sunan that the Rasūl – salallāhu alayhi wasallam – said
خير الصداق أيسره
“The best of Sadāq is the simplest of them.”
For this reason, Umar Ibn Al-Khattāb – radiyallāhu ‘anhu – mentioned on the Minbar, as was recorded by Ibn Mājah in the Sunan.
“Do not be extreme in setting the value of the Sadāq for women. This is because were it to be a way of Honor in this Dunya or a way of Taqwah to Allāh, then the most deserving of it would have been Muhammad – salallāhu alayhi wasallam – for he never gave any Sadāq for any if his wives, nor received Sadāq on behalf of any if his daughters for more than 12 Awqiyah. And a man will continue to feel difficulty over the value of the Sadaq for his wife in his heart until it breeds enmity in him and he says I have carried all your burdens, even the ropes that are used to tie the sacks.”
Shaykh Al-Islam Ibn Taymiyyah – rahimahullāh – said in Majmū’atu Al-Fatāwah.
“Whomsoever his caprice pushes him to inflate the Sadāq of his daughter above that of the daughters of the Rasūl – salallāhu alayhi wasallam – who were of the best creation of Allāh in every attribute and who are the best of the women of the world in every quality, is a ignorant fool. Same was applicable in the Sadāq of the Mothers of the Believers…”
He said also, in Al-Fatāwah Al-Kubrā
“And the wordings of Imām Ahmad as has come in the narration of Hanbal is that the Sadāq is preferred to be 400 dirhams. This is the correct Mahr if there is capabalility and means, and this should not be exceeded in value.”
And it is the agreement of the Ulamā that there is no least value for the Mahr.
And 400 Dirhams mentioned by Imām Ahmad in this context is about 246 USD approiximately
Which is about 88,806 naira today due to the weakness of the Nigerian currency.
This was the highest bar allowed by the Fuqahā.
How then can a bride request for an aeroplane?
The Second Matter Whether it is permissible to intend to pay the Mahr at a latter date?
This is permissible. Imām Ibn Qudāmah Al-Maqdisī – rahimahullāh – said
“It is permissible that the payment of the Sadāq is made before or after the entry. Or some of it before the entry and the rest after the entry because it is a token paid on agreement. So, that then is permissible just like any other price.”
The Third Matter: Meeting a deadline in the paying of the Mahr after the Nikāh.
If there was agreement to pay the Mahr or what is left of it at a particular date and time then it is obligatory upon the Husband to stick to the agreement and pay it on or before the due date.
To deliberately delay and drag the date of agreement on the payment of a debt is oppression as the Rasūl – salallāhu alayhi wasallam – said
مطل الغني ظلم
“The deliberate delaying and postponment of paying the debt by the wealthy is oppression”
This Hadīth is in the Sahihayn
However, if a difficulty in means warrants his inability to meet up the deadline, then the case is different here
And it is obligatory upon her to grant him respite.
Allāh – ta’ālā – had said
وَإِن كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَى مَيْسَرَةٍ وَأَن تَصَدَّقُواْ خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ.
“And if he is of those who are in difficulty, then respite should be granted until he gets some ease. And that you should give Sadaqah is better for you if you but know.”
It is an obligation to which she must abide, to grant him respite until he gets some ease.
However, it is allowed and permissible for him to renegotiate the price that they had agreed initially if he fears he will not be capable to meet up with it.
And he is encouraged to seek the witnesses and negotiations of trustworthy people and her Wali inclusive, if that is needed.
But all of this is not a sufficient ground for her to seek for a divorce or to deliberately deny him some of the rights of Nikāh.
He may also begin to pay her what he had initially promised in bits and installmentally if he feels that will help him.
And this is the fourth matter arising in the Question
Bārakallāhu fīkum.
Lastly, what every person going into marriage should know, or anybody already in it, is that marriage is based upon mutual understanding, help and assistance.
A woman should not make life difficult for her husband
Neither should a man make life abhorrent to his wife.
They should me merciful toward each other and seek to complement the errors found in each other that they may succeed with their marriage.
That is the Sunnah and that is what is expected of them.
And Allāh knows best.
Bārakallāhu fīkum
Jazākumullāhu Khayran
QUESTION
ON EXCHANGING UNUSABLE HOUSE ITEMS FOR BUCKETS
Assalamu alaykum ya admin pls wat is d ruling on trade by barter especially this one commonly done where u exchange condemned items for bucket with this Hausa men going up and down.”
ANSWER
Wa alaykum Salām Warahmatullāh Wabarakātuh
Alhamdulillāh
This is of the exchanges that are permissible in the Sharī’a as long as there is clarity in the transaction, and there is agreement by both parties on the quantity, value and exchange.
Bārakallāhu fīkum
Jazākumullāhu Khayran
QUESTION
ON SAYING RIP FOR THE DEAD
” Sallam alaykum Ya admin,pls what is the ruling on the Muslims who say R.i.p with regards to the deceased kuffar,jazakumullahu khyran”
ANSWER
Wa alaykum Salām Warahmatullāh Wabarakātuh.
Firstly, it should be known that it is not permissible to pray for the dead of the Non-Muslims that Allāh forgives them, or grant them peace, or mercy
…as long as they died while in a state of Kufr and Shirk.
Allāh – ta’ala – said
(ما كان للنبي والذين آمنوا أن يستغفروا للمشركين ولو كانوا أولي قربى من بعد ما تبين لهم أنهم أصحاب الجحيم)
“It is not acceptable that the Prophet and those who believe should seek forgiveness for the Mushrikīn, even if they were those close of kin to them after it has become clear to them that they are of the People of the Fire.”
It is known that a person will not see peace after death if he fails to believe in Allāh and the Messenger of Allah – salallāhu alayhi wasallam – while he was alive. This is an agreement among the Ulamā except for those who didn’t receive the Message of the Rasūl – salallāhu alayhi wasallam – , or received it in a corrupted form, in accordance to the minority position of some of our Theologians.
While then will a Muslim say RIP (Rest in Peace)
If it is said ‘even if I pray for him for peace, I know that Allāh will not accept the prayer. But I say it so that the Kafir friend/colleague of mine does nor feel bad’
We will say Allāh forbade you in the quoted verse to pray for them for forgiveness. And the only thing that can make a person receive a peaceful dwelling after death is forgiveness and mercy. How then can you pray for his peaceful rest?
To please a Kāfir? Or to not be seen as a Fundamentalist? This is wrong
And the earlier Muslims stop seeking to please the Kuffār, the better
Second, this abbreviation RIP is an abbreviation used by the Kuffār, and it is encouraged that Muslims dissuade from that and return to the sort that is found in our books. This is by way of avoiding following in the footsteps of the Kuffār and emulating their ways.
Islam does not emulate other diverse Religions, it should be emulated by them
Bārakallāhu fīkum
Jazākumullāhu Khayran
QUESTION
ON RESPONDING TO THE CALL OF MY MOTHER IF SHE CALLS WHILE I PRAY
” As salaam ‘alaykum wa rahmatullAah wabarakaatuh…Yaa ustadh, please is there any hadeeth that says when our mother calls us while we are praying, we should break the solaah and respond to her call?”
ANSWER
Wa alaykum Salām Warahmatullāh Wabarakātuh.
Alhamdulillāh!
If the Prayer you were in when any of your parents call upon you is the Obligatory One, then the vast majority of the Ulamā mentioned that it was Harām for you to terminate it to attend to the call of your parents .
The exemption is if the Parent (Father or Mother) are in a very dire state and only the Child can help in that situation.
There is though, a minority position in the Shāfi’ī school to the contrary, holding that it is permissible for him to terminate his Salāt to attend to any of his Parents provided he won’t go out of the Prayer Time.
If it were a Nāfil Salāt, then the Ulamā differed on this.
The Hanafis hold that it would only be permissible that he attends to them if they are unaware that he was in Salāt
The Mālikī Imāms posit that it was better that he attended to his Parents than he should continue his Nāfil Salāt, while some of them restrict this to only the call of the Mother.
The Shāfi’īs and the Hanbalis hold that he may only respond to their calls if it would hurt them that he didn’t respond to them
The evidence used in this regard is the Story of Jurayj the Monk as was recorded in the Sahihayn
…from Abū Hurayrah – radiyallāhu ‘anhu – that the Rasūl
كَانَ جُرَيْجٌ يَتَعَبَّدُ فِي صَوْمَعَةٍ فَجَاءَتْ أُمُّهُ فَقَالَتْ يَا جُرَيْجُ أَنَا أُمُّكَ كَلِّمْنِي . فَصَادَفَتْهُ يُصَلِّي فَقَالَ اللَّهُمَّ أُمِّي وَصَلَاتِي ، فَاخْتَارَ صَلَاتَهُ ، فَرَجَعَتْ ثُمَّ عَادَتْ فِي الثَّانِيَةِ فَقَالَتْ يَا جُرَيْجُ أَنَا أُمُّكَ فَكَلِّمْنِي . قَالَ اللَّهُمَّ أُمِّي وَصَلَاتِي ، فَاخْتَارَ صَلَاتَهُ . فَقَالَتْ اللَّهُمَّ إِنَّ هَذَا جُرَيْجٌ وَهُوَ ابْنِي وَإِنِّي كَلَّمْتُهُ فَأَبَى أَنْ يُكَلِّمَنِي ، اللَّهُمَّ فَلَا تُمِتْهُ حَتَّى تُرِيَهُ الْمُومِسَاتِ . قَالَ وَلَوْ دَعَتْ عَلَيْهِ أَنْ يُفْتَنَ لَفُتِنَ …
“Jurayj was once observing his Worship in the Monastery then came his mother and said O Jurayj, I am your mother so speak to me. So he was confused on what to do in his Salāt and said O Allāh, My mother and my Salāt! So he chose his Salāt. She went away and came a second time and said O Jurayj, I am your morher so speak to me. He said O Allah! My mother and my Salāt. So he chose his Salāt. Then she said ‘O Allāh, this is Jurayj and he is my Son and I have spoken to him and he refused to speak to me. O Allāh! Do not take his life until he has met with the (fitnah) of prostitutes.’ He (salallāhu alayhi wasallam ) said and had she prayed that a great firnah should befall him then it would have befallen him..”
Imām An-Nawawī – rahimahullāh – said in his Sharh of the Sahih Muslim.
“The Ulamā have said What is right for him in that situation is that he responds to her because he was in a Supererogatory Salāt. And to continue in that is Optional, not Wājib. But to respond to the mother and to be good to her is Wājib. And to be rebellious to her is Harām. And he could lighten his prayer and respond to her and then return to his Salāt..”
The position of the Shāfi’īs and the Hanbalis as we have mentioned earlier is the strongest and Allāh knowns best
Bārakallāhu fīkum.
Jazākumullāhu Khayran.
We shall pause here for the week,
Bārakallāhu fīkum.
We ask Allāh to forgive our shortcomings where we have erred and to envelope is in His mercy and understanding, āmīn.
Assalāmu alaykum Warahmatullāh Wabarakātuh.
24th Jumadal Ûla 1439H
(18/02/2018)
📮 *IslamNode*
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