الحمد لله رب العالمين
بسم الله الرحمن الرحيم
والصلاة والسلام على سيد الأولين والآخرين
وعلى آله وصحبه ومن تبعهم بإحسان إلى يوم الدين
Assalāmu Alaykum Warahmatullāh Wabarakātuh
You are welcome to this morning’s session of the Halqah
Where we shall be responding to some of the questions we have pending answers
We ask Allāh to make it beneficial for us all, āmīn
Alhamdulillāh
Firstly, we want to tender an apology for the delay in responding to questions these past days
We ask Allah to accept our excuses and to forgive us our error. Āmīn
سامح أخاك إذا خلط،
منه الإصابة بالغل
وتجاف عن تعنيفه،
إن زاغ يوما أو قسط
واعلم بإنك إن طلبت،
مهذبا رمت الشطط
من الذي ما ساء قط،
ومن له الحسنى فقط
Al-Harīrī said: “Pardon your brother if he mixes, what is right with an error
And avoid been hard on him, if he slips one day or does wrong
And know that if you seek one, who is puritan, you have fallen into extremism
Who is that that have never erred, and who is that who has *only* good deeds”
Bārakallāhu fīkum
QUESTION
*IS THERE A PROCEDURE THAT SHOULD BE FOLLOWED IN SEEKING A SECOND WIFE?*
” Asalamu alaikum waramotulai wabarakatu pls Is there a procedure to follow in Islam before taken a second wife l, pls if there is mention them”_
ANSWER
Wa alaykum Salām Warahmatullāh Wabarakātuh
Alhamdulillāh
Firstly, it should be known that, as we have preceded in one of the questions that we answered on this platform, the sounder position with the ‘Ulamā is that because Polygamy is an added responsibility, there is no added merit of Polygamy over Monogamy unless if in Polygamy, it is accompanied by reasons and benefits such as aiming to have more children trained upon the Sunnah, increasing the morality in the society by reducing the number of unmarried sisters out there and its likes
But, to simply increase in the number of women married for the mere fun of it or for the mere polygamous nature of man is not a Sunnah in itself that is rewarded ( _Mandūb_), rather, a permissibility that is allowed ( _Mubāh_) in the Sharī’a.
We had mentioned that this was the Verdict of the Shāfi’ī Madh’hab and the Hanbali schools as was referred in _Mughnī Al-Muhtāj_
Secondly, it should be known by Muslim Sisters out there, that though difficult and painful, polygamy is allowed in Islām on a general note, encouraged on certain situations, and obligatory on very other peculiar situations
They need to exercise a lot of patience when it comes to it and understand that that which is made permissible by Allāh must not be rejected by them for in that is a rejection of the Hukm of Allāh.
The Pious of women are those that focus on their responsibilities toward their Husbands, their children and their kin, and are patient with whatever life throws at them
Thirdly, the Precept known in the Sharī’a among the Qawā’id of Fiqh is that _’Whosoever his permission is not a condition for the legality of an Act, then his Knowledge is not a condition for its authenticity’_
This means that a man does not need the permission of his wife, nor her knowledge for his second _’Aqd_ of Nikāh to be sound
Rather, what is agreed upon by the Ulamā is that it is mandatory upon him to be gentle to her and to treat her with kindness and mercy.
Whether on the matter of adding a wife or in general day to day affairs
That is because in so doing is achieving one of the major purposes of Marriage which is Mercy, love and Kindness
Fourth, a woman may take as a condition from her husband before marriage a promise not to add a wife after her.
If he does make that promise, then to keep to it becomes binding upon him
This is the sounder of the two positions held by the Ulamā on this matter
This position was favoured by Imām Ahmad and strenghtned immensely by Ibn Taymiyyah and Ibn Qayyim Al-Jawziyyah – Rahimahumullāh
It is premised on the Hadīth that was recorded by both Al-Bukhāri and Muslim in which the Rasūl – salallāhu alayhi wasallam – said:
إن أحق الشروط أن توفوا ما استحللتم به الفروج
_”Indeed the most deserving of conditions that must be fulfilled is that with which the private organs were made permissible.”_
Fifth, it should be known that though Polygamy is permissible, it is not free of been a nest through which Iblīs attacks a man and/or his family
That said, a man must realise that though Allāh allows him polygamy, he hasn’t allowed him Zinā and any of its preludes
He must realise that though Allāh allowed him Polygamy, he hasn’t allowed him to rip his family apart or to trample on his wife’s rights or to destroy his home
That means that a man must be wise and have the temerity to weigh the advantages and the disadvantages accordingly before stepping into it
We ask Allah for guidance and wisdom.
After taking all of those into consideration, know, o honoured one, that there is no *definite* steps to take when seeking to add a wife in Islām other than the same steps that are taken when taking a wife, and the conditions of Nikāh that are known to all.
We ask Allāh to grant our Ummah safe and healthy families, and to grant our sisters the forbearance to bear the pains and difficulties that come with polygamy
We ask Allāh to grant wisdom to our brothers, and the patience and focus to maintain their families and avoid matters that lead to fractures, āmīn
Bārakallāhu Fīkum
Jazākumullāhu Khayran
QUESTION:
*ON TEMPORARY MARRIAGE*
“Assalāmu Alaykum Admin, please is this Hadīth authentic? Especially the part on Temporary marriage. Is such thing accepted in Islam?”
*ANSWER*
Wa alaykum Salām Warahmatullāh Wabarakātuh.
Alhamdulillāh
The Hadīth to which you refer is the Hadīth of Ibn Mas’ūd that is recorded by both Al-Bukhāri and Muslim that he said:
كنا نغزو مع رسول الله صلى الله عليه وسلم وليس لنا نساء، فقلنا: ألا نختصي؟ فنهانا، ثم رخص لنا أن ننكح المرأة بالثوب إلى أجل
“We were with the Messenger of Allāh – salallāhu alayhi wasallam – in battles wherein we had no women. So we said: should we castrate ourselves? Then he forbade us from that, and then gave is a Rukhsah (alleviation) to marry a woman for a stipulated period using a garment (as Sadaq)…”_
We say, and success comes from Allāh Alone, that there is no evidence in this Hadīth, despite its agreed upon authenticity, to prove the permissibility of Temporary Contract Marriage that some ignoramuses are propagating
Rather, the People of Ilm and Intellect among our great Imams and Polymaths, use this Hadīth as proof that masturbation is not permissible in Islām
Based on the fact that the Rasūl – salallāhu alayhi wasallam – did not alleviate for his Companions to engage in such act despite their immense urges in such difficult situations and strangeness
They did not, themselves think of that. Rather, they thought of castrating themselves.
The Ulamā have formed a consensus that the Rasūl – salallāhu alayhi wasallam – allowed _Mut’ah_ (Temporary Contract Marriage) at the early days of Islām and then forbade it permanently till the Day of Qiyāmah
This consensus is an Ijmā that has no disagreement among the Ulamā of Sunnah.
Rather the disagreement on this matter is only found in the Shī’a traditions and on their schools
This is due to what was recorded by Imām Muslim in his Sahih from Salamah Ibn al-Akwa’ – radiyallāhu ‘anhu – that he said:
رَخَّصَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ عَامَ أَوْطَاسٍ فِي الْمُتْعَةِ ثَلَاثًا ثُمَّ نَهَى عَنْهَا
_”Indeed the Messenger of Allāh – salallāhu alayhi wasallam – alleviated for us in the Year of Awtās the Mut’ah thrice, and then forbade us from it”_
What is meant by there times is that revelation for it came three times
Imām An-Nawawī – rahimahullāh – said in the Sharh on Sahih Muslim:
والصواب المختار أن التحريم والإباحة كانا مرتين، وكانت حلالا قبل خيبر ثم أبيحت يوم فتح مكة، وهو يوم أوطاس لاتصالهما، ثم حرمت يومئذ بعد ثلاثة أيام تحريماً مؤبداً إلى يوم القيامة واستمر التحريم
_”The right and chosen verdict is that the forbiddance and permissibility happened twice. It was permissible before the Day of Khaybar (when it was made impermissible) and then again was made permissible on the day of Fat’hu Makkah, and that is the Day of ‘Awtās, due to their consecutivity, then it was made Harām on that day just three days after (it was made permissible), a forbiddance that is forever until the Day of Qiyāmah, and this Forbiddance continues.”_
Qādī ‘Iyyād Ibn Mūsā Ibn ‘Iyādh Al-Yahsubī Al-Mālikī – rahimahullāh – said:
_”And then a general consensus has been agreed upon by all of the ‘Ulamā upon its forbiddance except for the Rawāfid”_
This is a matter agreed upon, as mentioned by all of the Ulamā in the books of Fiqh and were we to aim at quoting all of their statements on this matter, we will exhaust volumes of books
But, the reference made to this Hadīth is made by some ignorant ones who have no knowledge of the Sharī’ah
They try to imply that in this Hadīth, ‘Abdullah Ibn Mas’ūd – radiyallāhu ‘anhu – permitted it in his time
We say, true, and that is based upon the earlier permissibility that was in effect before the Day of the Liberation of Makkah as we have preceded
For on that Day, it was made Harām and its forbiddance remains in effect till the Day of Qiyāmah
If it is said: did Ibn Mas’ūd make it permissible after then?
We say: there is nothing affirmative of that in that Hadīth quoted
And if we were to stretch reason toward that point, and say that Ibn Mas’ūd did, then we will say: it only means that he wasn’t aware of this Ruling that forbade it
_”Whenever a Text that is Harām on a matter is conflicting with that which seems to make same Halāl, preponderance is to that which makes it Harām”
And the Fuqahā are agreed upon the Usūlī Precept that says:
Except that, most of these ignoramus on Social Media are ignorant of the basic things upon the Sciences of the Sharī’a are based and have no knowledge on the reconciliation of Textual Evidences and how rulings and injunctions are derived from them
Please, when you meet any of such people, tell them to seek ‘Ilm for with it is _Salāh_ (rectitude) for the People who seek it.
Bārakallāhu fīkum
Jazākumullāhu Khayran
*QUESTION*
*ON OPERERATING HOTELS*
_” Salaam alaikum Admin pls I want to know if hotel business is halal in Islam, though they don’t sell alcohol in the hotel but people do come and commit fornication and the management are all Muslims.Secondly what are the faith of those working there…..”_
*ANSWER*
Wa alaykum Salām Warahmatullāh Wabarakātuh
Alhamdulillāh
Generally, there is nothing impermissible with building hotels and operating them *if* they meet the principles of Islām and don’t allow for the vices that are prevalent in Modern societies
But if a Hotel is a resting place for fornicators and criminals, it becomes Harām to operate such hotels
This is because Allāh – ta’ālā – said:
_”And assist one another in Piety and the Fear (of Allāh) and do not assist one another in sins and transgression.”_
وَتَعَاوَنُوا عَلَى الْبِرِّ وَالتَّقْوَى وَلا تَعَاوَنُوا عَلَى الْأِثْمِ وَالْعُدْوَانِ
A brother once asked this question and he was answered as is in the above
Then he said: _’Is it possible to operate a hotel in this era and it doesn’t become an abode for people who commit fornication and its likes?’_
We responded saying:
_’Place the Causative Condition for its permissibility on the premise of it becoming an abode for Transgressing the limits of Allāh or not’
If it isn’t possible, then its operation becomes Harām
Then if it is said: what is the ruling of been employed in such a facility?
We say:
If otherwise, then the level of its inclusion of these vices is the level of its forbiddance accordingly, and Allāh knows best
If its a place where these vices are prevalent, then it is Harām to work in such a place
Bārakallāhu fīkum
*QUESTION*
_” Salam alaikum I saw a post in hausa on WhatsApp whre Dr Gumi said sitta Shawwal isn’t sunnah. That d prophet and his companions didn’t fast sitta Shawwal. Any take pls”_
*MISCONCEPTION ON WHETHER THE RASŪL FASTED THE SIX OF SHAWWĀL OR NOT?*
*ANSWER*
Wa alaykum Salām Warahmatullāh Wabarakātuh
Alhamdulillāh.
We can not independently confirm the authenticity of attributing this statement to the said sayer
For the following reasons:
However, whosoever makes this assertion is ignorant of the Principles of Usūl in very immense ways
. It is Authentically reported in Sahih Muslim from the Noble Companion Abū Ayyub Al-Ansārī – radiyallāhu ‘anhu – that the Rasūl – salallāhu alayhi wasallam – said:
من صام رمضان ثم أتبعه ستاً من شوال كان كصيام الدهر
_”Whomsoever fasts Ramadān and then follows it with six in Shawwal, then its like fasting for a Year.”_
. Though we have no recorded Hadīth that detailed the manner in which the Rasūl – salallāhu alayhi wasallam – observed the fast of the six, there is no recorded Hadīth to the effect that he didn’t either
And the Fuqahā are in agreement with the Precept that says:
عدم النقل ليس نقل للعدم
_”The absence of a Textual evidence for a thing is not a Textual evidence to show the absence of that thing.”
For this reason, the Usūliyyūn among our Ulamā *did not* place as a condition that for a deed to be _Mustahabb_ or recommended, we must find for it both a ‘Record of Speech’ ( _Sunnah Qawliyyah_) and a ‘Record of Deed’ ( _Sunnah ‘Amaliyyah_)
Rather, there are matters that are only recorded of deed and were not recorded of speech such as the Merits of the I’itikāf. It is recorded from the Rasūl – salallāhu alayhi wasallam – on account of it any statements mentioning its merits
But the Ulamā agreed on its merits for the fact that the Rasūl – salallāhu alayhi wasallam – always practiced it.
. It is recorded in _Shar’hu Mishkalu Al-Āthār_ from Umar Ibn Thābit who said:
_”We were on a Ghazwah with Abū Ayyūb Al-Ansārī when he observed Ramadān and we observed. So after we had done the Iftār (of Īd), he stood up to the people and said: Indeed I heard the Messenger of Allāh saying ‘Whosoever fasts Ramadān and then fasts six days of Shawwal, it shall be like fasting the entire year.'”_
This shows that there was a very positive indication of practice
. It is recorded by Imām Nāsiruddīn Al-Baydāwī – rahimahullāh – in _Tar’hu At-Tathrīb_ from ‘Ā’ishah – radiyallāhu ‘anhā – that she said:
What has the Sayer to say if the Six of Shawwal was to be among them?
_”Indeed the Messenger for Allāh – salallāhu alayhi wasallam – used to not practice some things even though he wanted to practice them out of fear that people take it as a practice and then it becomes obligatory upon them.”_
لقد كان رسول الله صلى الله عليه وسلم يترك العمل، وإنه ليحب أن يعمله مخافة أن يستن به الناس، فيفرض عليهم
And thereafter, we are aware that the Sayer of this is corroborated by few other people out there who raise very wrong observations
The first of them, that the Hadīth, from Abū Ayyūb in Sahih Muslim was weak.
This premise is wrong for Three reasons. One, the Hadīth is Authentic as the Ulamā of Hadīth have mentioned. Two, other Tābi’ūn (aside from Sa’ad Ibn Sa’īd who has been referred weak by some Imāms) recorded the Hadīth from Abū Ayyūb. Three, Abū Ayyub is not the only among the Sahābah to narrate the Hadīth from the Rasūl – salallāhu alayhi wasallam. Other Sahabah such as Thawbān and Jābir also narrated similar wordings as was recorded by Imām Ahmad and Al-Bayhaqī
The Second of them, that Imām Mālik said: _”And I have not seen any of the People of Ilm and Fiqh observing its fast”_
The response to this is in three:
One, that the Statement of Mālik is not evidence in its own when the Sunnah has preceded
Two, that this is in accordance to the extent of what Mālik knows.Otherwise, it is established that some of the Salaf such as Ka’ab Al-Ahbār, Ibn ‘Abbās, Ash-Sha’abī, Tāwūs, and others used to observe it and encouraged that it be observed
This was mentioned by Imām At-Tirmidhī – rahimahullāh
Ibn Qayyim Al-Jawziyyah – rahimahullāh – said:
_”And the fact that the People of Madīnah in the time of Mālik were not observing it does not mean that the entire Ummah left it. For it is known that Ahmad, Ash-Shāfi’ī and Ibn Al-Mubārak and other than them worked with it.”_
An-Nawawī in Al-Majmū’ and Ash-Shawkānī in Naylu Al-Awtār made similar statements
And some of the Mālikī Imāms have mentioned reasons for which Mālik did not practice this Hadīth
Al-Qarāfī – rahimahullāh – mentioned in _Adh-Dhakhīrah_ that it was out of fear from Mālik that it not be connected to Ramadān
Similar to this was mentioned by Ibn Shās Al-Maliki in _’Aqdu Al-Jawāhir Ath-Thamaniyyah_
Imām Ibn ‘Abdil Barr Al-Mālikī and Ibn Rushd – Rahimahumullāh – both went against this statement attributed to Mālik and excused that probably Mālik didn’t receive this Hadīth aside the narration that came from Abū Ayyub Al-Ansārī and that the people of Madīnah never practiced it, so he feared that observing it in Shawwal would make it come together with Ramadān and preferred that it be observed after Shawwāl
And Allāh knows best
Assalāmu Alaykum Warahmatullāh Wabarakātuh
Bārakallāhu fīkum
Jazākumullāhu Khayran
Subhānak Allāhumma Wa Bihamdik Ash’hadu ‘An Lāilaha Illa Anta Astaghfiruka Wa Atūbu ‘Ilayk
2nd Dhu Al-Qa’adah 1439H
15th July 2018
IslamNode
🌿🌿🌿🌿🌿🌿🌿🌿🌿🌿🌿🌿🌿🌿🌿🌿
