Ruling on wearing a necklace with a picture of al-Masjid al-Aqsa or the Ka’bah

Is it permissible for me to buy a necklace with a picture of al-Masjid al-Aqsa or the holy Ka’bah?.

Praise be to Allaah.

There is nothing wrong with wearing a necklace on which is a picture of al-Masjid al-Aqsa or the holy Ka’bah, unless it has the name of Allaah or anything from the Qur’aan engraved on it, in which case it is not allowed to wear it because it is disrespectful, or the aim in wearing it is to seek blessing from the picture of these places that are venerated by Muslims. In that case it is not permissible to wear it. 

See also question no. 91370. 

And Allaah knows best.

Woman uncovering part of her body in front of other women

Is it permissible for a woman to uncover any part of her chest, or what is called the ribs or her forearms or legs in front of other women?.

Praise be to Allaah.

As for the forearms, there is nothing wrong with uncovering them in front of women, and there is also nothing wrong with showing the neck and head in front of other women, but we offer some advice to our womenfolk in the hope that Allaah may benefit them thereby. We say: the more covering the clothes are, the better it is for them, and we tell them not to follow whatever may be in these magazines and copy what is shown in them, because that leads women to resemble kaafir women whether they want to or not. The more covered women are, the better. Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) stated that the women of the Sahaabah wore garments that covered them from the hand to the ankle, and this is what is best. There is nothing wrong if the calves show, but we are not suggesting that she wear a dress that comes down only to the knees, because there may be cause for concern about that, since may go further than that and shorten their dresses to above the knee. But if a woman lifts up her garment to do something and her sister sees her do that, there is nothing wrong with it. But if the garment is designed to come down only to the knees, we do not think that is right, rather we think that it should come down to the ankles. End quote. 

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him).

Elderly woman uncovering her face before non-mahrams

Is it permissible for an elderly woman to uncover her face before men who are not her mahrams?.

Praise be to Allaah.

Yes, Allaah has permitted elderly women to uncover their faces before non-mahram men, but that is subject to the condition that they do not uncover anything of their adornment that may be a cause of fitnah, so they should not wear attractive or fancy clothes or put any cosmetics on their faces to beautify them. 

Allaah says (interpretation of the meaning): 

“And as for women past childbearing who do not expect wedlock, it is no sin on them if they discard their (outer) clothing in such a way as not to show their adornment. But to refrain (i.e. not to discard their outer clothing) is better for them. And Allaah is All‑Hearer, All‑Knower”

[al-Noor 24:60]. 

Abu Bakr al-Jassaas (may Allaah have mercy on him) said: With regard to the words of Allaah, “women past childbearing who do not expect wedlock” [al-Noor 24:60], Ibn Mas’ood and Mujaahid said: Women past childbearing who do not expect wedlock are those who do not want it, and their outer garments are their jilbabs. 

Then he said: There is no dispute that the hair of an elderly woman is ‘awrah and it is not permissible for a non-mahram to look at it, as is the case with the hair of a young woman. If she prays with her head uncovered, then like a young woman (in the same situation), her prayer is invalid. So it cannot be that the meaning is that she may take off her head covering in the presence of a non-mahram man. Rather it is permitted for an elderly woman to take off her outer garment in the presence of men, after she has covered her head, and it is permitted for her to uncover her face and hands, because she is not desirable. Allaah says (interpretation of the meaning): “But to refrain (i.e. not to discard their outer clothing) is better for them” [al-Noor 24:60]. So He has permitted her to take off her jilbab, but He says that refraining by not taking off her garment before men is better for her. End quote. 

Ahkaam al-Qur’aan (3/485). 

Ibn al-‘Arabi (may Allaah have mercy on him) said: 

This is mentioned only for women past childbearing age, in exclusion to others, because they are no longer desirable, but refraining by keeping the full covering is better than doing that which is permitted to them, namely taking off their outer garments. End quote. 

Ahkaam al-Qur’aan (3/419). 

Al-Sa’di (may Allaah have mercy on him) said (p. 670):  

Women who are past childbearing are those who no longer have any interest in intimacy and desire, “women past childbearing who do not expect wedlock” [al-Noor 24:60], i.e., they do not hope to get married and they are not wanted in marriage, because they have grown old and are not desirable. “it is no sin on them” i.e., there is no blame on them, “if they discard their (outer) clothing” i.e., outer garments such as the khimaar and so on, concerning which Allaah says “and to draw their veils all over Juyoobihinna (i.e. their bodies, faces, necks and bosoms)” [al-Noor 24:31]. It is permissible for these women to uncover their faces, because there is no fear of temptation. And because allowing them to take off their outer garment may be taken as meaning that they are allowed to adorn themselves, the matter is clarified by the words: “in such a way as not to show their adornment” i.e., without showing their adornment to people, by beautifying the outer garment or striking their ground with their feet so as to let people know about their hidden adornments, because the mere fact that a female is wearing adornments, even if she covers them, and even if she is not desirable, is a cause of fitnah which causes the one who looks at it to fall into sin. “But to refrain (i.e. not to discard their outer clothing) is better for them” [al-Noor 24:60]. End quote. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked: 

Is it permissible for a woman of advanced years, such as 70 or 90 years old, to uncover her face before her non-mahram relatives? 

He replied: 

Allaah says (interpretation of the meaning):  

“And as for women past childbearing who do not expect wedlock, it is no sin on them if they discard their (outer) clothing in such a way as not to show their adornment. But to refrain (i.e. not to discard their outer clothing) is better for them. And Allaah is All‑Hearer, All‑Knower”

[al-Noor 24:60]. 

Women past childbearing are elderly women who are not desired in marriage and who do not put on adornment. There is no sin on them if they uncover their faces before non-mahrams, but for them to observe hijab is better and is more on the safe side, because Allaah says “But to refrain (i.e. not to discard their outer clothing) is better for them” [al-Noor 24:60]. And in some cases seeing them may cause fitnah because of their beautiful appearance even if they are old and not wearing adornment. But if they are wearing adornment, it is not permissible for them to refrain from observing hijab. Adornment includes beautifying the face with kohl and the like. And Allaah is the source of strength. End quote. 

Fataawa al-Mar’ah al-Muslimah (1/424). 

And Allaah knows best.

Dyeing the hair brown and blond

Is it permissible for a woman to dye her hair blond?.

Praise be to Allaah.

There is no report of the Prophet (peace and blessings of Allaah be upon him) forbidding dyeing the hair any colour except black. There is nothing wrong with a woman dyeing her hair any other colour – brown or blond or any other, so long as by doing so she is not imitating kaafir women or immoral women. 

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about the ruling on a woman dyeing her hair any colour other than black, such as brown or blond? 

He replied: 

The basic principle is that this is permissible, so long as it does not lead to resembling kaafir women or immoral women, because that is haraam. End quote.

Dyeing some parts of the hair only

Is it permissible to dye some parts of the hair, such as the ends only or the top only?.

Praise be to Allaah.

If the hair is dyed black, the Prophet (peace and blessings of Allaah be upon him) forbade that, when he ordered changing white hair but avoiding black. He said: “Change this white hair but avoid black.” 

There is also a stern warning against doing that, which indicates that it is haraam to change white hair by dyeing it black. As for changing it by dyeing it other colours, the basic principle is that it is permissible, unless it is done in the manner of kaafir women or immoral women, in which case it is haraam for that reason, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever imitates a people is one of them.” End quote.

Will Allaah punish women who make a wanton display of their beauty (tabarruj)?

My question is about the grave sinners, we believe that his/her matter is up to Allah, if Allah wills He will punish or forgive them. But the hadeeth in which the prophet, peace be upon him says: “there are two types of people I have not seen, (until he mentions), and women who are clothed yet naked, they will not enter paradise or even smell its fragrance” this hadeeth was explained by imam an-nawawi, may Allah have mercy on him, as follows: 
If they do what they do believing it is not haram, then they will never enter paradise. Or they may be punished in hell first then they will enter paradise. 
This means they will definitely be punished first and they are of evil doers, is it possible that they might not be punished?.

Praise be to Allaah.

According to Muslim belief, the one who commits a major sin is in grave danger and has exposed himself to the punishment of Allaah, but the will of Allaah is to decide, and Allaah may forgive or pardon him, or He may punish him in a manner commensurate with his sin, except for the one whose sin reaches the level of disbelief in Allaah. In that case he will deserve to be punished and to abide forever in Hell. 

Shaykh al-Islam Ibn Taymiyah was asked – as it says in Majmoo’ al-Fataawa (11/646) – about women who pile their hair on top of their heads, and they will not see Paradise or smell its fragrance. But it is narrated in the hadeeth from the Messenger of Allaah (peace and blessings of Allaah be upon him): “Whoever says La ilaaha ill-Allaah will enter Paradise.” 

He replied:

It is proven in Saheeh Muslim and elsewhere from Abu Hurayrah that the Prophet (peace and blessings of Allaah be upon him) said: “There are two types of the people of Hell whom I have not seen: men with whips like the tails of cattle with which they strike the people, and women who are clothed but naked, walking with an enticing gait, with something like the humps of camels on their heads. They will not enter Paradise nor even smell its fragrance, and its fragrance can be smelled from such and such a distance.”

Whoever claims that this hadeeth is not saheeh and that what it mentions of the severe punishment is not true is ignorant and has gone astray from the path of sharee’ah, and he deserves a punishment that will deter him and other ignorant people like him who object to the saheeh ahaadeeth that are soundly narrated from the Messenger of Allaah (peace and blessings of Allaah be upon him). 

There are many saheeh ahaadeeth about this warning. For example: 

“Whoever kills a mu’aahid unlawfully will not smell the fragrance of Paradise, although its fragrance may be detected from a distance of forty years.” 

“No one will enter Paradise in whose heart is a mustard seed’s worth of arrogance.” 

“There are three to whom Allaah will not speak on the Day of Resurrection nor will He praise them, and their will be a painful torment: an old man who commits zina, a king who tells lies and a poor man who is arrogant.” 

There are verses in the Qur’aan which speak of this warning, such as the verse in which Allaah says (interpretation of the meaning):  

“And whosoever disobeys Allaah and His Messenger (Muhammad صلى الله عليه وسلم), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment”

[al-Nisa’ 4:14] 

This is something on which the Muslims are agreed, that the warning in the Qur’aan and Sunnah to those who commit major sins is true, but Allaah has stated in the Qur’aan and the Sunnah of His Messenger (peace and blessings of Allaah be upon him) that the warning mentioned in the Qur’aan and Sunnah does not apply to the one who repents, as He says (interpretation of the meaning): “Say: O ‘Ibaadi (My slaves) who have transgressed against themselves (by committing evil deeds and sins)! Despair not of the Mercy of Allaah, verily, Allaah forgives all sins. Truly, He is Oft‑Forgiving, Most Merciful”

[al-Zumar 39:53]

i.e., to the one who repents. 

In another verse Allaah says (interpretation of the meaning):

“Verily, Allaah forgives not that partners should be set up with Him (in worship), but He forgives except that (anything else) to whom He wills” [al-Nisa’ 4:48]. 

This applies to the one who does not repent. Shirk will not be forgiven, but with regard to anything less than shirk, if Allaah wills He will forgive and if He wills He will punish for it. 

In al-Saheehayn it is narrated that the Prophet (peace and blessings of Allaah be upon him) said: “No tiredness, exhaustion, worry, grief, distress or harm befalls a believer in this world, not even a thorn that pricks him, but Allaah expiates some of his sins thereby.” 

Hence when the verse (interpretation of the meaning): “whosoever works evil, will have the recompense thereof” [al-Nisa’ 4:123] was revealed, Abu Bakr said: O Messenger of Allaah, this is going to destroy us; who among us has not done evil? He said: “O Abu Bakr, do you not get tired? Do you not grieve? Do you not go through hardship? That is part of the recompense.”  

By means of calamities in this world, Allaah expiates the sins of the believers that may be expiated by means thereof, and the same applies to the good deeds that he does. Allaah says (interpretation of the meaning): “Verily, the good deeds remove the evil deeds” [Hood 11:114]. And the Prophet (peace and blessings of Allaah be upon him) said: “The five daily prayers, from one Jumu’ah to the next, and one Ramadaan to the next, are expiations for whatever (of minor sins) come in between them, so long as one avoids major sins.” And Allaah does not wrong His slaves in the slightest, as He says (interpretation of the meaning): 

“So whosoever does good equal to the weight of an atom (or a small ant) shall see it.

8. And whosoever does evil equal to the weight of an atom (or a small ant) shall see it”

[al-Zalzalah 99:7-8]. 

So the warning may be cancelled out, either by means of repentance, or by means of good deeds that one does which are equal to the bad deeds, or by means of calamities through which Allaah expiates sins, or by other means. End quote. 

Hence the scholars interpreted every verse or hadeeth the apparent meaning of which is that those who commit major sins will abide forever in Hell in ways that are in accordance with other texts of the Qur’aan and Sunnah. 

Al-Nawawi (may Allaah have mercy on him) said in Sharh Muslim (17/191): 

The words of the Prophet (peace and blessings of Allaah be upon him), “will not enter Paradise” may be interpreted in two ways: 

(i)

They may be interpreted as referring to the one who regards what is haraam as permissible, despite knowing that it is haraam; so she is a kaafir who will abide forever in Hell and will never enter Paradise. 

(ii)

It may be interpreted as meaning that she will not enter it at first along with those who are successful. End quote. 

It says in Fataawa al-Lajnah al-Daa’imah (2/27): 

Question: is it permissible for us to believe that the women who are clothed yet naked are kaafirs, because the Prophet (peace and blessings of Allaah be upon him) said, “They will not enter Paradise nor will they smell its fragrance…”? 

Answer: 

Those who believe that it is permissible after being told about the ruling and having it explained to them may be regarded as kaafirs. Those who do not regard it as permissible but still go out clothed yet naked are not kaafirs, but they are committing a major sin and they have to give it up and repent to Allaah from that, in the hope that Allaah may forgive them. If a woman dies in that state without having repented to Allaah, then she is subject to the will of Allaah, like all those who commit sin, because Allaah says (interpretation of the meaning):

“Verily, Allaah forgives not that partners should be set up with Him (in worship), but He forgives except that (anything else) to whom He wills” [al-Nisa’ 4:48]. End quote. 

It also says (17/104): 

Those women who regard that type of dressing as permissible are kaafirs who will abide forever in Hell if they die in that state, and they will not enter Paradise or smell its fragrance. If they wear that type of clothing even though they believe it is haraam, then they are committing a major sin, but that does not put them beyond the pale of Islam, and they are subject to the will of Allaah: if Allaah wills He will forgive them and if He wills He will punish them for the bad deeds they have committed, and they will not enter Paradise or smell its fragrance until after they have been punished first. 

This is the view of Ahl al-Sunnah, which reconciles the texts which speak of promise with those which speak of warning. This is the middle path between the views of the Murji’is, Khawaarij and Mu’tazliah. 

Shaykh Ibn Baaz said in Majmoo’ al-Fataawa (6/356): 

With regard to the words of the Prophet (peace and blessings of Allaah be upon him), “they will not enter Paradise nor smell its fragrance”, this is a stern warning, but that does not imply that they are kaafirs, and they will not abide forever in Hell; this applies to all sinners who die as Muslims. Rather they and other sinners are all given the threat of Hell for their sins, but they are subject to the will of Allaah: if He wills He will pardon them and forgive them, and if He wills He will punish them, as He said in two places in Soorat al-Nisa’: “Verily, Allaah forgives not that partners should be set up with Him (in worship), but He forgives except that (anything else) to whom He wills” [al-Nisa’ 4:48].  The sinner who enters Hell will not abide therein forever as is the case with the kaafir; rather those who are meant to abide there forever – such as the murderer, adulterer and one who committed suicide – their abiding therein is not the same as that of the kuffaar, rather it is an abiding that will come to an end, according to Ahl al-Sunnah wa’l-Jamaa’ah, unlike the Khawaarij and Mutazilah and those innovators who followed in their footsteps. The mutawaatir saheeh ahaadeeth from the Messenger of Allaah (peace and blessings of Allaah be upon him) indicate that he (peace and blessings of Allaah be upon him) will intercede for the sinners among his ummah, and that Allaah will accept his intercession several times, and each time He will stipulate a number for him and he will bring them forth from Hell. The same applies to the rest of the Messengers, believers and angels – all of them will intercede by His leave and He will accept their intercession for whomever He wills of the people of Tawheed who entered Hell because of their sins and are Muslims. Then there will remain in Hell the rest of the sinners who were not included in the intercession of the intercessors, but Allaah will bring them out by His mercy and kindness, and there will be no one left in Hell but the kuffaar who will abide therein forever and ever, as Allaah says concerning the kuffaar (interpretation of the meaning): 

“whenever it abates, We shall increase for them the fierceness of the Fire”

[al-Isra’ 17:97] 

“So taste you (the results of your evil actions). No increase shall We give you, except in torment”

[al-Naba’ 78:30] 

And He says concerning the kuffaar who worship idols (interpretation of the meaning):

“Thus Allaah will show them their deeds as regrets for them. And they will never get out of the Fire”

[al-Baqarah 2:167] 

“Verily, those who disbelieve, if they had all that is in the earth, and as much again therewith to ransom themselves thereby from the torment on the Day of Resurrection, it would never be accepted of them, and theirs would be a painful torment”

[al-Maa’idah 5:36] 

“They will long to get out of the Fire, but never will they get out therefrom; and theirs will be a lasting torment”

[al-Maa’idah 5:37] 

And there are many similar verses. We ask Allaah to keep us safe and sound from being like them. End quote. 

To sum up, the woman who makes a wanton display of herself (tabarruj), despite the fact that she is exposing herself to a painful punishment from Allaah, is still subject to the will of Allaah: He may forgive her and not punish her, or He may subject her to a painful punishment. Moreover, some of the believers who commit sins will inevitably enter Hell, as is mentioned in the mutawaatir ahaadeeth.  

See also the answer to question no. 14627 and 9924. 

 

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And Allaah knows best.

Zakat in individual amounts will not reach the level of nisaab

I put some money in my young children’s name into shares of an investment company. Should I put it all together when calculating zakaat, or should I work it out individually, knowing that if I do not put it all together, the individual amounts will not reach the level of nisaab?

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah preserve him) and he answered as follows: “Every person has his own money, so if it reaches the level of nisaab, he should pay zakaat, otherwise he should not. But does he have other children to whom he has given the same? If he has other children then let him fear Allaah and treat them fairly, “to the male, a portion equal to that of two females” [al-Nisa’ 4:11 – interpretation of the meaning]. If he does not have other children, then the matter is clear. If he has other children and he gives them the same as he has given to these, then he has treated them fairly and he does not have to do anything more… And Allaah knows best.”

Zakaah on gold that is intended for use

I would like to request you to explain to me and my brothers about the matter of zakaah on gold or gold and silver jewellery that is intended for use, not for buying and selling. Some people say that there is no zakaah on gold that is intended for wearing, and others say that there is zakaah on all gold, whether it is for use or for trading, and that the ahaadeeth which say that there is zakaah on gold that is intended for use are stronger than the ahaadeeth which say that there is no zakaah on it. I hope that you will answer this query.

Praise be to Allaah. 

The scholars are agreed that zakaah is obligatory on gold and silver jewellery if it is a kind of adornment that it is haraam to use, or if it is prepared for trading etc. But if it is a permissible kind of jewellery that is intended to be used or loaned, such as a silver ring or women’s jewellery, or things that it is permitted to use to adorn weapons, then there is a difference of scholarly opinion as to whether zakaah is obligatory on these things. Some scholars say that zakaah is obligatory on them because they are included in the general meaning of the aayah (interpretation of the meaning):

“And those who hoard up gold and silver (Al‑Kanz: the money, the Zakaah of which has not been paid) and spend them not in the way of Allaah, announce unto them a painful torment” [al-Tawbah 9:34]

Al-Qurtubi said, in his tafseer of this aayah: “Ibn ‘Umar explained the meaning of this in Saheeh al-Bukhaari, when a Bedouin said to him, ‘Tell me about the aayah (interpreation of the meaning), “And those who hoard up gold and silver.”’ Ibn ‘Umar said: ‘(It means) the one who stockpiles them and does not pay zakaah on them – woe to him. This was before (the order to pay) zakaah on them was revealed, and when it was revealed, Allaah made it a means of purification of wealth.’” (Narrated by al-Bukhaari, 2/111, ta’leeqan; 5/204, also ta’leeqan. Ibn Maajah, 1/569-570, no. 1787. Al-Bayhaqi, 4/82).

Other ahaadeeth also imply this, such as the hadeeth narrated by Abu Dawood, al-Nasaa’i and al-Tirmidhi from ‘Amr ibn Shu’ayb from his father from his grandfather, (who said) that a woman came to the Prophet (peace and blessings of Allaah be upon him) with her daughter, on whose hands were two heavy bracelets of gold. He said to her, “Do you pay zakaah on these?” She said, “No.” He said, “Would you like Allaah to replace them for you with bracelets of fire on the Day of Resurrection?” So she took them off and gave them to the Prophet (peace and blessings of Allaah be upon him) and said, ‘These are for Allaah and His Messenger.’”

(Narrated by Ahmad, 2/178, 204, 208; Abu Dawood, 2/212, no. 1563; al-Tirmidhi, 3/29-30, no. 637; al-Nasaa’i, 5/38, no. 2479, 2480; al-Daaraqutni, 2/112; Ibn Abi Shaybah, 3/153; Abu ‘Ubayd in al-Amwaal, p. 537, no. 1260 (Harraas edn.); al-Bayhaqi, 4/140).

 It was narrated by Abu Dawood in his Sunan, al-Haakim in al-Mustadrak and al-Daaraqutni and al-Bayhaqi in their Sunans that ‘Aa’ishah (may Allaah be pleased with her) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) entered upon me and saw on my hands rings of silver. He said, ‘What is this, O ‘Aa’ishah?’ I said, ‘I had them made so that I could adorn myself for you, O Messenger of Allaah.’ He said, ‘Do you pay zakaah on them?’ I said, ‘No’ or ‘Whatever Allaah wills.’ He said, ‘This would be enough to take you to Hell.’”

(Narrated by Abu Dawood, 2/213, no. 1565 – this version was narrated by him; al-Daaraqutni, 2/105, 106; al-Haakim, 1/389-390; al-Bayhaqi, 4/139)

 It was narrated that Umm Salamah said: “I used to wear jewellery of gold, and I said, ‘O Messenger of Allaah, is this kanz (money, the Zakaah of which has not been paid, cf. al-Tawbah 9:34)?’ He said, ‘Whatever reaches the amount at which zakaah is obligatory, then pay the zakaah. Then it will not be kanz.’”

(Narrated by Abu Dawood, 2/212-213, no. 1564; al-Daaraqutni, 2/105; al-Haakim, 1/390; al-Bayhaqi, 4/83, 140).

 Some scholars said that there was no zakaah to be paid on it, because by using it in a permissible manner, it becomes like clothing and other items, and is not like a product that has a commercial value. They responded to the general meaning of the aayah [al-Tawbah 9:34] by pointing out that the practice of the Sahaabah excluded gold that was used for adornment. It was reported with a saheeh isnaad that ‘Aa’ishah (may Allaah be pleased with her) used to look after her brother’s orphaned daughters in her apartment. They had gold jewellery but she did not pay zakaah on it. Al-Daaraqutni narrated with his isnaad from Asmaa’ bint Abi Bakr (may Allaah be pleased with her) that she used to adorn her daughters with gold jewellery, and she did not pay zakaah on it, (although its value was) nearly fifty thousand. (Sunan al-Daaraqutni, 2/109)

 Abu ‘Ubayd said in his book al-Amwaal: “Ismaa’eel ibn Ibraaheem told us, from Ayyoob, from Naafi’, from Ibn ‘Umar, that he would marry one of his his daughters for ten thousand (as mahr), of which he would make her jewellery four thousand, and they did not pay zakaah on that.” (A similar report was narrated by al-Daaraqutni, 2/109; Abu ‘Ubayd in al-Amwaal, p. 540, no. 1276 (Harraas edn.); al-Bayhaqi, 4/138).

 He said: “Ismaa’eel ibn Ibraaheem told us, from Ayyoob, from ‘Amr ibn Deenaar, who said: ‘Jaabir ibn ‘Abd-Allaah was asked, “Is there any zakaah on jewellery?” He said, “No.” He was asked, ‘What if it reaches (the amount of) ten thousand?” He said, “That is a lot.”’” (Narrated by al-Shaafa'i in al-Musnad (edited by al-Sindi), 1/228, no. 629; al-Umm, 2/41; also narrated by Abu ‘Ubayd in al-Amwaal, p. 540, no. 1275 (Harraas edn.); al-Bayhaqi, 4/138).

 The more correct of these two views is the view that zakaah on jewellery is obligatory, if it reaches the nisaab (amount of wealth at which zakaah becomes obligatory), or if the owner possesses enough gold, silver and trade goods to complete the nisaab – because of the general meaning of the ahaadeeth which state that zakaah is obligatory on gold and silver. There is no saheeh hadeeth which exclused it (jewellery) as far as we know. The ahaadeeth of ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas, ‘Aa’ishah and Umm Salamah quoted above mention this, and these are jayyid ahaadeeth with no valid criticism concerning their isnaads, so we should act upon them. Although al-Tirmidhi and Ibn Hazm regarded them as da’eef (weak), there is no solid evidence for this, as far as we know. We should note that al-Tirmidhi (may Allaah have mercy on him) may be excused for what he said, because he quoted the hadeeth of ‘Abd-Allaah ibn ‘Amr with a da’eef isnaad, but it was narrated by Abu Dawood, al-Nasaa’i and Ibn Maajah with a different, saheeh, isnaad, which al-Tirmidhi probably did not discover.

 And Allaah is the source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace.

Zakaah on shares for resale with specification of gain (murabahah)

I have an account with one of the investment companies. This company deals with Islamic investments (silent partnerships (mudaarabah) – rentals – resales with specification of gains (muraabahah)), whereby it collects money and invests it in business, real estate, industrial or agricultural projects within the Kingdom (Saudi Arabia) or in Muslim countries, in order to serve Islam and the Muslims. They give us the profits annually in the form of these shares. My question is: should I pay the annual zakaah on my wealth based on the capital which I paid to this company, or on the profits which I take annually, and what is the rate of zakaah that I have to pay?

Praise be to Allaah.

With regard to the mudaarabah and muraabahah shares, you should pay zakaah on both the principle and the profits, when one full year has passed on the capital. With regard to the shares which are held in agricultural, real estate and industrial companies, zakaah is due on the profits if they reach the nisaab (minimum amount) on their own or when added to others, and one full (hijri) year has passed. The rate of zakaah is one quarter of one tenth, i.e., 2.5 %. With regard to the shares, zakaah is not due on them if they are not available for sale. But if they are available for sale then zakaah must be paid on them and their profits when one full (hijri) year has passed, as with all other trade goods. If the agricultural company produces grains, dates or grapes then the prescribed zakaah must be paid on them if the amount of each of them reaches five wasq or more. And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace.

What are the shar’i ways of extracting rikaaz?

What are the shar’i ways of extracting the treasures of the earth – rikaaz?.

Praise be to Allaah.

Rikaaz refers to what is buried in the earth of the wealth of the Jaahiliyyah. The people of the Jaahiliyyah are the ones who existed before the coming of the Prophet (peace and blessings of Allaah be upon him), no matter what religion they followed. Islam has enjoined that when it is extracted, the khums be paid on it, as zakaah according to some scholars and as fay’ according to others. The rest belongs to whoever extracted it, if it was extracted from land that he owns, or from ruins or common land such as the street and so on. 

Ibn Qudaamah al-Maqdisi (may Allaah have mercy on him) said: 

Rikaaz is that which is buried in the earth, and the word is derived from the root rakaza … From this root is also derived the word rikz, which means a hidden voice or whisper. Allaah says (interpretation of the meaning): “or hear even a whisper [rikzan] of them” [Maryam 19:98]. 

The basic principle concerning the zakaah on rikaaz is that which was narrated by Abu Hurayrah from the Messenger of Allaah (peace and blessings of Allaah be upon him): “There is no compensation for damage done by animals, and the khums is due on rikaaz.” Agreed upon. 

There is also scholarly consensus on this matter. Ibn al-Mundhir said: We do not know of anyone who disagreed with this hadeeth except al-Hasan who made a distinction between that which is found in dar al-harb and that which is found in the land of the Arabs. It was said that the khums is due on that which is found in dar al-harb and zakaah is due on that which is found in the land of the Arabs. Al-Mughni (2/610) 

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said: 

Not everything that is buried is rikaaz, rather it is everything that was buried during the Jaahiliyyah, and what is meant by the Jaahiliyah is before Islam, for example, if we find buried treasure in the earth, and we extract it and find on it signs of the Jaahiliyyah, such as money which is known to come from a time before Islam, or there is a date on it that is before Islam, and so on. 

“The khums is due on it whether the amount is small or large” means that there is no condition of nisaab (minimum amount), because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him): “The khums is due on rikaaz.” 

But the scholars differed concerning the khums – does it come under the heading of zakaah or fay’? This is based on their difference of opinion concerning the definite article al- in the words of the Prophet (peace and blessings of Allaah be upon him) in the hadeeth, “The khums (al-khums)” – does it serve to define the amount that is due on it or is just confirming that which is established, which is that anything that is fay’ is subject to the khums? 

Some of the scholars said that it is zakaah, so the al- is defining the amount that is due on it. 

This view implies the following: 

1-    That the rate of zakaah on rikaaz is higher than the rate on other kinds of wealth that are subject to zakaah, because half of one-tenth, one-tenth, a quarter of one-tenth, and one sheep out of every forty are all less than one-fifth (the khums).

2-    The nisaab is not a condition, so the khums must be paid on a little or a lot.

3-    It is not essential that it be of a specific type of wealth. The khums must be paid on it whether it is gold, silver or other metals, unlike other kinds of zakaah. 

The correct view according to our companions – may Allaah have mercy on them – is that it is fay’, so the al- in al-khums is confirming that which is established, not defining the amount that is due on it, i.e., it is the khums that is known in Islam, and it is the khums on booty which is fay’, which is to be spent in the public interests of the Muslims. This is the more correct view, because regarding it as zakaah goes against what is known about zakaah, as has already been explained in the three previous answers. 

Al-Sharh al-Mumti’ (6/88, 89). 

If a person finds rikaaz on which there are no signs to indicate whether it was buried during the Jaahiliyyah, it comes under the heading of luqtah (lost property). He should wait for a whole year, then it is permissible for him to take possession of it after that, unless he finds out for sure who its owner is, in which case he must give it to him, or compensate him by giving him its value at the time when he disposed of it. 

It is not permissible to look for treasure in land that belongs to anyone, because this is disposing of another person’s wealth unlawfully. Whoever finds wealth in land belonging to someone else must give it to the owner of the land. 

Sensible people should not waste their lives looking for such treasure, because it is a waste of time and wealth, in addition to the fact that it results in penalties imposed by the state. A man may spend his whole life and not find a single coin, and another man may work in farming and tilling his land, then Allaah may bless him with finding something that will make him free of want for the rest of his life. 

Secondly: 

Many people employ means that are not acceptable in sharee’ah for extracting this treasure. Some of them seek the help of magicians, soothsayers and other charlatans, others rely on their contact with the jinn. All these methods are unacceptable in Islam and constitute grave sins. 

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked:  

There are people who summon the jinn by means of incantations, and they make them extract treasure that has been buried in the town’s land since ancient times. What is the ruling on this action? 

He replied: 

This action is not permissible. These incantations by means of which they summon the jinn and employ them are – in most cases – not free of shirk, and shirk is a serious matter. Allaah says (interpretation of the meaning):  

“Verily, whosoever sets up partners (in worship) with Allaah, then Allaah has forbidden Paradise to him, and the Fire will be his abode. And for the Zaalimoon (polytheists and wrongdoers) there are no helpers”

[al-Maa’idah 5:72] 

The one who goes to them tempts them and encourages them; he makes them think that what they are doing is right and he tempts them by means of the money that he gives to them. 

We should boycott these people and stop going to them, and warn our Muslim brothers against going to them. In most cases these people trick the people and take their wealth unlawfully, and tell lies. If (their predictions) happen to coincide with the divine decree, they start to broadcast it among the people, saying “We said such and such and it happened,” but if it does not happen, they make false claims and say that this is what prevented it from happening. 

I offer the following advice to those who are suffering with this matter: Beware of telling lies to the people and associating others with Allaah, may He be glorified and exalted, and taking people’s wealth unlawfully, for the end of the world is nigh and the reckoning of the Day of Resurrection is severe. You have to repent to Allaah from this deed, and ensure that your deeds are correct and your wealth is halaal. And Allaah is the Source of strength.  

Fataawa al-Shaykh Ibn ‘Uthaymeen (2/question no. 116) 

You should understand that what makes many people pursue these illusions and seek them from the magicians and charlatans etc is the love of luxury and their longing for riches, without implementing the means of becoming rich, and seeking wealth in inappropriate ways, as well as their laziness and inclination towards idleness.  

Ibn Khuldoon (may Allaah have mercy on him) said:

What makes people do that in most cases, in addition to their naivety, is an inability to seek a living in the normal ways such as earning through trade, agriculture and handicrafts, so they seek it in deviant ways and unnatural ways, because they are not able to strive to earn a living and they do not want to work hard for it. They do not realize that they are letting themselves in for trouble by seeking wealth in inappropriate ways, and they expose themselves to punishments, and their motive for that is their extreme love for a life of luxury, which a regular way of earning would not be able to support.

So when a person fails to earn a living in the natural manner, his only answer is to wish to have great wealth in one go, without making any effort, in order to support the way of life to which he has become subservient. Hence you will find him very keen and doing his utmost to earn money in that way.  Therefore you will see that most of those who strive for that are those who are living a life of luxury of the ruling class and those who live a life of ease in the cities such as Egypt etc. So you will find many of them very keen to seek wealth in that manner, and they ask people coming from other cities and countries about possible sites of treasure. 

Muqaddimat Ibn Khaldoon (p. 385, 386) 

Ibn Khaldoon wrote a valuable chapter on this in his Muqaddimah (pp 384-389). 

But if the Muslim avoids haraam ways such as incantations, seeking the help of the jinn, magic and soothsaying, or transgression against the property of others, such as land, houses and so on, then there is no sin on him if he finds any of that buried treasure, and there is no sin on him if he seeks it and looks for it, if he has knowledge of the ways of looking for it, and he does not waste his life in running after mirages and dreams of treasure, like those in the past who used to seek to turn metals into gold by means of alchemy, and it was said of them: The one who seeks wealth by means of alchemy will become penniless. 

But to suggest that there is a shar’i way of looking for it, this is not correct because Islam did not come to explain such matters, rather it came to explain what is permitted and what is forbidden. 

With regard to tools and things that people have invented to find out about it by physical means and indications, that is permissible for the one who learns about it and uses it. 

And Allaah knows best.

Is zakaat due on charitable money that is invested?

A group of people collected an amount of money and determined that it should be paid exclusively to any of their number who falls on hard times, such as having to pay diyah (blood-money) in the case of manslaughter. They invested this money in business, and donate the resulting profits to charitable causes agreed upon between them. Do they have to pay zakaat on this money or not? Is it OK to pay zakaat to this charitable fund?

Praise be to Allaah.

If it is as you describe, there is no zakaat due on the money mentioned, because it comes under the rulings of waqf (endowment), whether it is frozen or is actively circulating in business. It is not permissible to pay zakaat into this fund, because it is not devoted especially to the poor and is not intended for any of the other purposes for which zakaat should be used. And Allaah knows best.

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She vowed to give her jewellery in charity – can she give it to her sisters?

A woman vowed to give her jewellery in charity. Is it permissible for her to give this wealth to her sisters?.

Praise be to Allaah.

The basic principle concerning one who vows to give something in charity without specifying a recipient is that he should give it to the poor and needy, and those who take from zakaah because of their need, because they are the people who are entitled to charity; poor relatives are more entitled to it than poor strangers. See al-Mughni. 8/209 

Shaykh al-Islam Ibn Taymiyah said in al-Fataawa al-Kubra (5/554): 

If he vows to give some wealth in charity, he should give it to those who are entitled to zakaah. End quote.  

Based on that, if the sisters asked about are poor and needy, it is permissible to give the jewellery to them, unless the questioner intended to give the charity to specific poor people. 

The Standing Committee for Issuing Fatwas was asked: I made a vow and I fulfilled it, but I gave to my brothers and sisters, who are poor. Have I fulfilled my vow?  Please note that I vowed that if Allaah blessed me with such and such, I would give a month’s salary. 

They replied: 

If you mentioned the poor in your vow without specifying anyone in particular, then your poor brothers and sisters are more entitled to it than anyone else, so there is nothing wrong with what you have done. But if you specified a certain type or intended such in your vow, then it is not permissible to give what you vowed to anyone else, and you have to give the equivalent of what you gave to your siblings to the poor to whom you intended to give. End quote. 

Fataawa al-Lajnah al-Daa’imah, 23/391 

And Allaah knows best.

He said, “May the curse of Allaah be upon me if I smoke another cigarette” then he smoked again

Is it acceptable for someone to take an oath (i.e. I swear by Allaah that I won't smoke another cigarrette) and include a curse upon oneself in the event that they do not follow through (i.e. may the curse of Allaah be on me if I smoke again)? If this is not o.k. then what should a person who has done so (out of ignorance) do now?.

Praise be to Allaah.  

Firstly: It is not permissible for a man to swear against himself and invoke the curse or wrath of Allaah upon himself, or swear an oath by saying that he will be a kaafir or beyond the pale of Islam or he will be an apostate and so on. The evidence for that is as follows: 

1 – The verse in which Allaah says (interpretation of the meaning): 

“And were Allaah to hasten for mankind the evil (they invoke for themselves and for their children, while in a state of anger) as He hastens for them the good (they invoke) then they would have been ruined”

[Yoonus 10:11] 

al-Qurtubi said: 

Mujaahid said: This was revealed concerning a man who prayed against himself, his wealth or his children when he got angry, saying, “O Allaah, destroy it, O Allaah, do not bless it and curse it” etc. If that were to be responded to as prayers for good were responded to, then they would have been ruined. So this verse was revealed to criticize this bad characteristic that exists in some people who pray for good and want a quick response, then sometimes their bad attitude makes them pray for bad things, but if those prayers were to be answered quickly they would be ruined. 

Tafseer al-Qurtubi, 8/315. 

2 – It was narrated from Thaabit al-Dahhaak (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever swears an oath by saying that he will belong to a religion other than Islam, then he is as he said.”  Narrated by al-Bukhaari, 5700. 

3 – The Prophet (peace and blessings of Allaah be upon him) heard a man cursing his camel when it walked too slowly. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Who is cursing his camel?” He said: “It is me, O Messenger of Allaah.” He said: “Get down from it, for we do not want to be accompanied by something that is cursed. And do not pray against yourselves or against your children, and do not pray against your wealth, lest you say such a thing and it coincides with a time when Allaah answers prayers and responds to what you ask for.” Narrated by Muslim, 3014. 

Secondly:  With regard to what the one who has said such a thing should do, there is a difference of opinion among the scholars. Some of them are of the view that he has to offer expiation, and others are of the view that he does not have to offer expiation. 

In al-Musannaf, ‘Abd al-Razzaaq narrated some reports that were transmitted from the salaf concerning that: 

It was narrated from Ibn ‘Abbaas concerning a man who swore that he would be a Jew or a Christian or a Magian or out of Islam or that the curse of Allaah would be upon him or that he would be obliged to do something, that this was a binding oath. (15974). 

It was narrated that Tawoos said: “Whoever says ‘I am a kaafir’ or ‘I am a Jew or a Christian or a Magian’ or ‘May Allaah humiliate me’ and the like (if I do such and such), this is an oath (yameen) for which he must offer expiation.” (10975). 

It was narrated that Ibn Jurayj said: I heard a person say to ‘Ata’: “If a man says, May the wrath of Allaah be upon me, or May Allaah humiliate me or I pray to Allaah against myself or …, will that put him beyond the pale of Islam?” He said: “I would rather that he carried out what he resolved to do. If he did not carry out what he resolved to do, then he does not have to do anything because it is not an oath.” (15977). 

It was narrated that Ibn Jurayj said: I heard ‘Ata’ being asked about a man who says: “I give my promise and covenant to Allaah,” then he broke his word; was that an oath (yameen)? He said: “No, unless he intended it as an oath or he said, May Allaah humiliate me, or may the curse of Allaah be upon me, or he said I will associate someone else with Allaah or I will disbelieve in Allaah and so on. He said: No (meaning, it is not an oath), unless he swore by Allaah.” (15978). 

Ibn Qudaamah (may Allaah have mercy on him) said that it is more likely that he does not have to offer expiation because there is no evidence to suggest that offering expiation in this case is obligatory.  See al-Mughni, 13/465. 

Shaykh ‘Abd al-Rahmaan ibn Jibreen (may Allaah preserve him) was asked about this matter and he said: This is not an oath (yameen) and no expiation is required, but he has to repent to Allaah from that. 

If the Muslim wants to be more on the safe side and offer kafaarat yameen (expiation for breaking an oath), that is fine. 

And Allaah knows best.

She made a promise to her Lord and wants to break it

If someone want to break her promise,what shall she do?
The promise that she made it while she is angry at someone's else,but she promise to herselves and to ALLAH,now that after time she want to break those promise.
What shall she do for repent?.

Praise be to Allaah.  

Making a promise to Allaah is a kind of vow (nadhr). See question no. 38934. 

Allaah has commanded us to fulfil our promises and covenants, whether the promise is made to Allaah or to people. Allaah says (interpretation of the meaning): 

“And fulfil the Covenant of Allaah (Bay‘ah: pledge for Islam) when you have covenanted”

[al-Nahl 16:91] 

“And of them are some who made a covenant with Allaah (saying): ‘If He bestowed on us of His Bounty, we will verily, give Sadaqah (Zakaah and voluntary charity in Allaah’s Cause) and will be certainly among those who are righteous.’

 Then when He gave them of His Bounty, they became niggardly [refused to pay the Sadaqah (Zakaah or voluntary charity)], and turned away, averse.

So He punished them by putting hypocrisy into their hearts till the Day whereon they shall meet Him, because they broke that (covenant with Allaah) which they had promised to Him and because they used to tell lies”

[al-Tawbah 9:75] 

This applies if what the person wants to do is an act of worship, such as when a person makes a promise to his Lord that he will speak the truth or give some of his wealth in charity, etc. This comes under the heading of vows (nadhr) even if the person does not actually use the word nadhr or vow.  The one who makes a promise to Allaah or says, “I promise Allaah that I will do such and such” is obliged to fulfil it, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever vows to do an act of worship or obedience to Allaah, let him fulfil it, and whoever vows to do an act of disobedience towards Allaah, let him not fulfil it.” Narrated by al-Bukhaari, 6318. 

It is not permissible to fail to fulfill this obligation, unless a person is unable to fulfil it at all, in which case he should offer kafaarat yameen (expiation for breaking a vow), because of the hadeeth: “Whoever makes a vow and is unable to fulfil it, his expiation is kafaarat yameen.” Narrated by Abu Dawood, 3322, from the hadeeth of Ibn ‘Abbaas. Al-Haafiz said in al-Fath: Its narrators are thiqaat, but it was narrated by Ibn Abi Shaybah in a mawqoof report, which is likely to be the case. 

Ibn Qudaamah said in al-Mughni (10/72): In conclusion: the one who vows to do an act of worship but is unable to do it, or was able to do it then became unable to do it, has to offer kafaarat yameen. 

But if what the person wants to do is a sin, then it is not permissible for him to fulfil his vow, such as if a person makes a promise to his Lord that he will not speak to his brother or visit him, when there is no shar’i justification for that. The Prophet (peace and blessings of Allaah be upon him) said, according to the hadeeth quoted above: “and whoever vows to do an act of disobedience towards Allaah, let him not fulfil it.”  

What is required in this case is repentance to Allaah from making a promise to commit sin, and offering kafaarat yameen, because the Prophet (peace and blessings of Allaah be upon him) said: “There is no vow to commit sin, and its expiation is kafaarat yameen.” Narrated by Ahmad (2640); Abu Dawood (3290); al-Tirmidhi (1524); al-Nasaa’i (3834); Ibn Maajah (2125). Classed as saheeh by al-Albaani in Saheeh Abi Dawood. 

Similarly if a person makes a promise to Allaah to do something, then he sees that something else is better, such as if he wants to not treat a relative or friend well, or not spend on him, then he should not fulfil that, rather he should refrain from it, whether that was a vow or an oath. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever swears an oath then sees that something else is better than it, let him do that which is better and let him offer expiation for his oath.” Narrated by Muslim, 1650, from the hadeeth of Abu Hurayrah (may Allaah be pleased with him). 

The questioner does not mention the promise that she made so that we can answer in more specific terms, but she can learn the ruling on what she has done from what we have said above.  

And Allaah knows best.

For kafaarat yameen it is not sufficient to feed one poor person ten times

Is it permissible for me to give kafaarat yameen to one poor person, i.e., by feeding him ten times, or must it be given to ten poor persons?.

Praise be to Allaah.  

It is not sufficient to offer kafaarat yameen by feeding one poor person numerous times. 

With regard to kafaarat yameen – and other kinds of kafaarah (expiation) – it is essential to look for the number of poor persons mentioned in the texts. 

Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni: 

If a person who owes an expiation can find the right number of poor persons, it is not sufficient for him to feed less than ten in the case of kafaarat yameen, or less than sixty in the case of expiation for zihaar (a jaahili form of divorce) or for having intercourse (during the day) in Ramadaan. This is the view of al-Shaafa’i, because Allaah says (interpretation of the meaning): 

“for its expiation (a deliberate oath) feed ten Masaakeen (poor persons)”

[al-Maa’idah 5:89] 

Whoever feeds one person, then he has not fed ten, therefore he has not obeyed the command and that is not sufficient. End quote. 

It says in Fataawa al-Lajnah al-Daa’imah li’l-Ifta (23/21): 

If kafaarat yameen (expiation for breaking a vow) is offered in the form of food, it is essential to give it to ten poor persons, giving each one half a saa’ of food. It is not sufficient to limit it to one poor person, even if you repeat that for ten days, because this is contrary to the text.”.

The condition he put in his vow came to pass, but it was not exactly what he had in mind

A person vowed that if his work contract was renewed, he would give a certain amount in charity. In his mind he meant that this was if it was renewed for a year, but it turned out that his contract was renewed for three months. He did not utter the words “one year”. Is he under any obligation?

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows:

No, he is not under any obligation. And Allah knows best.

Delaying making up Ramadaan fasts until the next Ramadaan begins

I did not fast some days in Ramadaan because of my period. This happened a few years ago, and I have not fasted these days until now. What do I have to do?.

Praise be to Allaah.  

The imams are agreed that whoever does not fast some days of Ramadaan has to make up those days before the next Ramadaan comes. 

They quoted as evidence for that the hadeeth narrated by al-Bukhaari (1950) and Muslim (1146) from ‘Aa’ishah (may Allaah be pleased with her) who said: “I used to have fasts that I still owed from Ramadaan, and I could not make them up until Sha’baan, and that was because of the position of the Messenger of Allaah (peace and blessings of Allaah be upon him) [as a husband].” 

Al-Haafiz said: 

It may be understood from her keenness to fast them in Sha’baan that it is not permissible to delay making up fasts until the next Ramadaan begins. 

If a person delays making up fasts until Ramadaan begins, one of the following two scenarios must apply.  

1 – The delay is for a reason, such as being sick and the sickness lasting until the following Ramadaan begins. There is no sin on a person for delaying in this case, because he has an excuse, and he only has to make up the days missed. So he should make up the number of days that he did not fast. 

2 – There is no reason for the delay, such as when a person was able to make up the fasts but he did not do so before the following Ramadaan began. 

This person is sinning by failing to make up the fasts with no excuse. The imams are agreed that he must make up the fasts, but they differed as to whether along with making up the fasts he must also feed one poor person for each day or not. 

Maalik, al-Shaafa’i and Ahmad said that he must feed a poor person, and they quoted as evidence for that the reports narrated from some of the Sahaabah such as Abu Hurayrah and Ibn ‘Abbaas (may Allaah be pleased with them). 

Imam Abu Haneefah (may Allaah have mercy on him) was of the view that he does not have to feed a poor person as well as making up the fasts. 

He quoted as evidence the fact that Allaah commands the one who does not fast in Ramadaan only to make up the missed fasts, and He did not mention feeding a poor person. Allaah says (interpretation of the meaning): 

“and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”

[al-Baqarah 2:185] 

See al-Majmoo’, 6/366; al-Mughni, 4/400 

This second view was also favoured by Imam al-Bukhaari (may Allaah have mercy on him). He said in his Saheeh: 

Ibraaheem (i.e., al-Nakha’i) said: If a person neglects (to make up missed fasts) until the next Ramadaan comes, he should fast the missed days of both months. But he did not think that he has to feed a poor person. There was also a mursal report from Abu Hurayrah and Ibn ‘Abbaas which says that he should also feed a poor person. Then al-Bukhaari said: But Allaah does not mention feeding a poor person, rather He says (interpretation of the meaning): 

“…the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”

[al-Baqarah 2:185] 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said, when noting that it is not obligatory to feed a poor person: 

With regard to the words of the Sahaabah, their use as evidence is subject to further discussion if it goes against the apparent meaning of the Qur’aan. In this case, saying that it is obligatory to feed a poor person goes against the apparent meaning of the Qur’aan, because Allaah only enjoined making up the same number from other days, and He did not mention more than that. Based on this, we should not oblige the slaves of Allaah to do any more than they need to fulfil their duty. But what was narrated from Ibn ‘Abbaas and Abu Hurayrah may be interpreted as referring to what is mustahabb, not what is obligatory. The correct view with regard to this issue is that a person does not have to do anything more than making up the missed fasts, but he is sinning if he delays doing so. 

Al-Sharh al-Mumti’, 6/451. 

Based on this, then what is obligatory is to make up the fasts only, but if a person wants to be on the safe side and feed one poor person for each day missed, then that is good. 

The woman who asked this question – if she delayed making up the fasts with no excuse, has to repent to Allaah and resolve not to repeat this mistake in the future. 

And Allaah is the One Whom we ask to help us to do that which He loves and which pleases Him. 

And Allaah knows best.

Delaying making up fasts

One year I did not fast the days when I had my monthly period, and I have not been able to fast them until now. Many years have gone by and I want to make up the fasts that I owe, but I do not know how many days I have to make up. What should I do?.

Praise be to Allaah.  

You have to do three things: 

1 – You have to repent to Allaah for this delay, and regret your past negligence; you must also resolve not to do such a thing again, because Allaah says (interpretation of the meaning): 

“And all of you beg Allaah to forgive you all, O believers, that you may be successful”

[al-Noor 24:31] 

This delay is a sin, so it is essential to repent to Allaah from that. 

2 – You must hasten to fast the number of days you think you missed, and (remember that) Allaah does not burden any person beyond his scope. However many days you think you missed, you have to fast that number of days. So if you think that it was ten days, then fast for ten days; if you think that it was more or less than that, fast as many days as you think, because Allaah says (interpretation of the meaning): 

“Allaah burdens not a person beyond his scope”

[al-Baqarah 2:286] 

“So keep your duty to Allaah and fear Him as much as you can”

[al-Taghaabun 64:16]  

3 – Feed one poor person for each day if you can afford to do that, even if you give it all to one poor person. But if you are poor and cannot feed another person, then you do not have to do anything apart from fasting and repenting. 

What is meant by feeding a poor person here is giving half a saa’ of the local staple food for each day; half a saa’ is equivalent to one and a half kilograms.

Fasting on the Day of Doubt with the intention of making up a missed Ramadaan fast

I know that the Prophet (peace and blessings of Allaah be upon him) did not allow fasting on the Day of Doubt, and he forbade fasting two days before Ramadaan, but is it permissible for me to make up missed Ramadaan fasts on these two days?.

Praise be to Allaah.  

Yes, it is permissible to make up missed Ramadaan fasts on the day of doubt and one or two days before Ramadaan. 

It was proven that the Prophet (peace and blessings of Allaah be upon him) forbade fasting the day of doubt, and he forbade anticipating Ramadaan by fasting one or two days before it begins, but this prohibition does not apply to a person who has a habitual pattern of fasting, because the Prophet (peace and blessings of Allaah be upon him) said: “Do not anticipate Ramadaan by fasting one or two days before it begins, but if a man habitually fasts, then let him fast.” Narrated by al-Bukhaari, 1914; Muslim, 1082. So if a person is used to fasting on Mondays, for example, and that coincides with the last day of Sha’baan, then it is permissible for him to observe that as a voluntary fast and it is not forbidden for him to do so. 

If it is permissible to observe a voluntary fast that one does regularly, then it is more appropriate that it should be permissible to make up a missed Ramadaan fast, because that is obligatory, and because it is not permissible to delay making up missed fasts until after the following Ramadaan. 

Al-Nawawi said in al-Majmoo’, 6/399: 

Our companions said: It is not correct to fast on the day of doubt when it is uncertain that Ramadaan has begun, and there is no difference of scholarly opinion on this point… But if a person fasts it to make up for a missed fast, or in fulfillment of a vow, or as an act of expiation (kafaarah), then it is permissible, because if it is permissible to observe a voluntary fast on that day for one who has a reason to do so, then it is more appropriate that one should be allowed to observe an obligatory fast.  This is like the time when it is forbidden to pray (when one may nevertheless offer a prayer for which there is a reason). And if a person still owes some missed Ramadaan fasts, then he has to observe those fasts, because the time for making it up has become very short.

Ruling on one who forgets to make up missed fasts before the next Ramadaan comes

What is the ruling on one who forgets to make up missed fasts before the next Ramadaan comes?.

Praise be to Allaah.

The fuqaha’ are unanimously agreed that forgetting is an excuse which means that there is no sin or accountability in all matters, because of a great deal of evidence in the Qur’aan and Sunnah, but they differed as to whether the fidyah is still required in cases of forgetfulness. 

With regard to the issue of forgetting to make up missed Ramadaan fasts before the next Ramadaan comes, the scholars are also unanimously agreed that they must still be made up after the second Ramadaan, and they are not waived as a result of forgetting. 

But they differed as to whether the fidyah (which is feeding a poor person) is required when making up the missed fast (after the second Ramadaan has come and gone). There are two points of view: 

1 – That the fidyah is not required, because forgetting is an excuse that means there is no sin and the fidyah is waived. 

This was the view of most of the Shaafa’is and some of the Maalikis. 

See: Tuhfat al-Muhtaaj by Ibn Hajar al-Haytami (3/445); Nihaayat al-Muhtaaj (3/196); Minah al-Jaleel (2/154); Sharh Mukhtasar Khaleel (2/263). 

2 – That the fidyah is required, and forgetting is an excuse that means there is no sin only. 

This was the view of al-Khateeb al-Sharbeeni among the Shaafa’is, who said in Mughni al-Muhtaaj (2/176): 

It seems that it means there is no sin only, and that the fidyah is not waived. 

This was also stated by some of the Maalikis. 

See: Mawaahib al-Jaleel Sharh Mukhtasar Khaleel (2/450). 

The more correct view is the former, in sha Allaah, for three reasons: 

1 – The general meaning of the verses and ahaadeeth which say that people are not held accountable for forgetting, such as the verse in which Allaah says (interpretation of the meaning): 

“Our Lord! Punish us not if we forget or fall into error”

[al-Baqarah 2:286] 

2 – The basic principle that one is not subject to any expiation or fidyah except with evidence, and there is no reliable evidence in this case.                                

3 – There is a difference of opinion as to whether this fidyah is required in the first place, even in the case of one who delays making up the fasts deliberately. The Hanafis and Zaahiris are of the view that it is not obligatory and Shaykh Ibn ‘Uthaymeen was of the view that it is only mustahabb, because there is no report to suggest that it is prescribed except from the actions of some of the Sahaabah, which is not strong enough to suggest that people be obliged to follow it, let alone oblige them to do it in a case where Allaah has granted an excuse. 

See the answer to question no. 26865. 

To sum up, he only has to make up the missed fasts, and he does not have to feed the poor, so he should make them up after Ramadaan. 

And Allaah knows best.

He did not fast Ramadan because of sickness 25 years ago and he has not made it up until now

My husband was bitten by a snake twenty-five years ago, one day before Ramadan, and he was in a critical state for two months. The following year he did not fast for ten days, until the doctor allowed him to fast. And my husband was not able to feed poor people because he was very poor. Does he have to make up the fast and feed poor people because now he is well off, praise be to Allah?.

Praise be to Allaah.

Firstly: 

Putting off asking about the Islamic ruling on this matter for such a long time is clear heedlessness. Your husband should have asked about that immediately after he was bitten by that snake, especially since it was only one day before Ramadan. 

Your husband has to repent to Allah for this delay, and he has to regret it and resolve not to do such a thing again. And we ask Allah to accept his repentance. 

Secondly: 

Sickness is one of the excuses that make it permissible not to fast during Ramadan, based on the text of the Holy Qur’aan and the consensus of the scholars. 

Ibn Qudaamah said in al-Mughni (1/42-43): 

The scholars are unanimously agreed that it is permissible in general for sick people not to fast. The basis for that is the verse in which Allah says (interpretation of the meaning):

“But if any of you is ill or on a journey, the same number (should be made up) from other days”

[al-Baqarah 2:184]. 

This sickness that makes it permissible not to fast is severe sickness that will be made worse by fasting or there is the fear that fasting will delay recovery. End quote. 

If a person breaks the fast because of sickness, his case should be examined further. 

If it was a sickness for which there was no hope of healing or recovery, then he has to pay the fidyah (ransom), which is to feed one poor person for each day that he did not fast. Then the scholars differed if the person is poor and not well off – does he have to pay the fidyah if he becomes well off or is it waived in his case? 

But if there was the hope of healing and recovery from his sickness, then he should wait until he recovers and make up the days that he missed, and he does not have to pay the fidyah. Also it is not permissible for him to move from making up the fast to paying the fidyah instead. 

Al-Nawawi said in al-Majmoo‘, 6/261-262: 

If a person is sick and is unable to fast because of sickness that he hopes to recover from, he does not have to fast at present, but he has to make it up. This applies if he will face considerable difficulty in fasting. End quote. 

Ibn Qudaamah said in al-Mughni, 3/82: 

The sick person who has no hope of recovery may not fast, and he should feed one poor person for each day… this is understood to apply to the one who has no hope of becoming able to make up the fasts. If he does hope to become able to do so, then he does not have to offer the fidyah, and he has to delay making up the fasts and do that when he becomes able to do it, because Allah says (interpretation of the meaning):

“But if any of you is ill or on a journey, the same number (should be made up) from other days”

[al-Baqarah 2:184].

He only moves on to paying the fidyah instead if he loses hope of becoming able to make up the fasts. End quote. 

What seems to us to be the case -- and Allaah knows best -- is that what befell your husband was a temporary sickness from which he hoped to recover, and indeed Allah healed him. So he has to make up the days that he did not fast because of that sickness; it is not sufficient for him to feed the same number of poor people as the days he missed. 

But, if he feeds poor people as well as making up those days, this is on the safe side, especially since you say that he is now well off, praise be to Allah. 

See also the answer to question no. 26865 

And Allah knows best.