Articles

The Day of Ashura'
Author : An Article by His Grace Dr. Mohammad Al-Khalayleh
Date Added : 19-09-2018

 

 

The tenth day of the Sacred Month is called Ashura' according the majority of Muslim scholars, such as Saeed Ibn Al-Mosaib, Al-Hassan Al-Basri, Malik, Ahmad, Isaac among others, since Ibn Abbas (May Allah be pleased with them) narrated: "The Messenger of Allah enjoined fasting the tenth day for the  Day of Ashura." [At-Tirmithi]

 

Some narrations on fasting the aforementioned day:

 

1. Ibn Abbas narrated: "I never saw the Prophet (PBUH) seeking to fast on a day more (preferable to him) than this day, the day of 'Ashura', or this month, i.e. the month of Ramadan." [Agreed upon].

 

In his commentary on the aforementioned Hadith, Al-Hafez Ibn Hajar (May Allah have mercy on his soul) said: "In terms of reward, the day of Ashura' is the best day to be fasted after Ramadan. However, Ibn Abbas (May Allah be pleased with them) said: "according to what he heard:" Fasting the day of Ashura' atones the sins of the preceding year, and fasting the day of Arafah atones the preceding and the current year. Ibn Abbas is of the view that the reward for fasting the day of Arafah is greater than that of Ashura'. However, he combined them in his narration, although fasting the former is obligatory while fasting the latter is recommended, to indicate that a person will be rewarded for fasting both. This is because the meaning of (seek), as mentioned in the narration, is intending and desiring to fast the day of Ashura` to gain the whole reward.

 

Ibn Omar (May Allah be pleased with them) said: "In Jahiliyah' (Pre-Islamic period of ignorance), we used to observe fast on the day of Ashura`.But, when fasting at the month of Ramadan was prescribed, the Messenger of Allah (PBUH) said: "This is one of the days of Allah; he who wishes may fast on it." [Agreed upon].

 

2. Aisha (May Allah be pleased with her) narrated: "During the Pre-Islamic Period of ignorance the Quraish used to observe fasting on the day of 'Ashura', and the Prophet (PBUH) himself used to observe fasting on it too. However, when he came to Medina, he fasted on that day and ordered the Muslims to fast on it. When (the order of compulsory fasting in ) Ramadan was revealed, fasting in Ramadan became an obligation, and fasting on 'Ashura' was given up, and who ever wished to fast (on it) did so, and whoever did not wish to fast on it, did not fast. [Agreed upon]. In addition, Al-Imam An-Nawawi (May Allah have mercy on his soul) said (What means): "The majority of the Muslim scholars are of the view that fasting the day of Ashura' is a recommended deed, not an obligation."

 

3. Moreover, Abu Qatada reported that the Prophet (PBUH) said (What means): "fasting on the day of 'Arafa may atone for the sins of the preceding and the coming years, and I seek from Allah that fasting on the day of Ashura may atone for the sins of the preceding year." [Moslim].

 

 

The Wisdom behind fasting it:

 

The day of Ashura' is the day in which Allah, The Exalted, saved His Prophet Musa and his people from the Pharaoh and his army. As an act of thankfulness to Allah, Musa fasted that day. Our Prophet (PBUH) has fasted that day and commanded Muslims to do so where he (PBUH) said (What means): "We have more right to Musa than you do."

 

Actually, the Prophet (PBUH) along with all the members of the Muslim nation have more right to Musa and other Prophets and Messengers than non-Muslims, because they respect, adore and believe in all of them (Prophets and Messengers) without any sort of distinction or preference; constituting a patron to their religion (Islam), the religion of Allah, The Lord of The Worlds.

 

Prophet Mohammad (PBUH) recommended fasting this day since it reflects a great wisdom, among others, and that is: Allah's religion is one and Prophet Muhammad (PBUH) was sent to complete this message.

 

Is it reprehensible to fast only the day of Ashura'?

 

Ibn 'Abbas reported that when the Messenger of Allah (PBUH) fasted on the day of 'Ashura and commanded that it should he observed as a fast, they (his Companions) said to him:  "Messenger of Allah, it is a day which the Jews and Christians hold in high esteem. Thereupon the Messenger of Allah (PBUH) said: When the next year comes, God willing, we would observe fast on the 9th But the Messenger of Allah (PBUH) died before the advent of the next year." [Moslim].

 

 

Furthermore, Al-Hafeth Ibn Hajar (May Allah have mercy on his soul) said (What means): "When the Prophet(PBUH) intended to fast the 9th day: This implies fasting  it in addition to the 10th in order to free ones-self from the liability or, according to the closest interpretation, to do contrary to the Jews and Christians. This is according to many narrations by Moslim and Ahmad who reported the following traceable Hadith that Ibn Abbas narrated, The Prophet (PBUH) said (What means): "Fast the day of Ashura' contrary to the Jews; by fasting a day before or after it." And this was the last narration in this regard. And Allah Knows Best.

 

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Summarized Fatawaa

Is it permissible for a woman to uncover her face while performing Umrah (minor Hajj)?

The woman while in a state of Ihram (ritual consecration) is obligated to uncover her face and hands, but at the same time permitted to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. And Allah Knows Best.

What is the ruling of Islamic Law regarding one who slaughters a ewe and it turns out to have been pregnant, and is it permissible to slaughter the ewe if one knows it is pregnant?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a person slaughters a ewe and it turns out to have been pregnant, the fetus becomes lawful (ḥalāl) by virtue of its mother's slaughter (tabaʿan li-ummihā).
It is stated in Mughnī al-Muḥtāj (Vol.6/P.158): "A fetus found dead [after the mother's slaughter], or found alive but in a state resembling that of a slaughtered animal [i.e., dying shortly after], becomes lawful — whether or not it had grown fur — provided it is found in the womb of a mother that was lawfully slaughtered, whether her slaughter was by cutting the throat, or by an arrow or hunting dog sent after her. This is based on the ḥadīth: 'The slaughtering of the fetus is [effected by] the slaughtering of its mother' [narrated by al-Tirmidhī, who graded it ḥasan, and by Ibn Ḥibbān, who graded it ṣaḥīḥ] — meaning that the slaughter which rendered the mother lawful renders the fetus lawful as well, by virtue of following her; and because the fetus is one of her constituent parts, and her slaughter renders lawful all of her parts."
This ruling differs, however, from the case of one who knows from the outset that the ewe is pregnant [and intends to sacrifice her specifically as the udḥiyah while pregnant] — in which case, according to the Shāfi'ī school, she does not fulfill the requirement of a valid sacrifice.
It is stated in Ḥāshiyat al-Bujayrimī 'alā al-Khaṭīb (Vol.4/P.335): "A pregnant animal does not fulfill the requirement [of a valid sacrifice], and this is the authoritative position (al-mu'tamad), because pregnancy diminishes the quality of the meat. As for why such an animal is nevertheless counted as complete [i.e., fully valid] in matters of zakāh, that is because the intent there is reproduction (nasl), not the quality of the meat.". And Allah, the Most High, knows best.

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling on wiping the front of the head beneath the ḥijāb, and is it permissible to wipe over the ḥijāb if it was put on while in a state of purification (wudu`)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is permissible to wipe the front portion of the head (nāṣiyah) with the fingertips. It is likewise sufficient to place a wet hand over a head covering (ḥijāb), provided the moisture actually reaches the hair beneath it — if it does not, it does not suffice. A head covering is not treated in the same manner as leather socks (khuff) and may not be wiped over in lieu of the head itself.
Imām al-Nawawī, may Allah have mercy upon him, states in al-Majmūʿ (Vol.1/P.407): "If a person is wearing a turban and does not wish to remove it — whether for a valid reason or otherwise — he should wipe the entire front portion of the head... The same ruling applies to whatever a woman wears on her head. If, however, he confines himself to wiping over the turban without wiping any part of the head itself, this does not suffice — and there is no disagreement among us on this point." He further states: "A woman is like a man in the manner of wiping the head... She should insert her hand beneath her head covering so that the wiping falls upon the hair itself. If she places her wet hand over her head covering, our scholars stated: if the moisture does not reach the hair, it does not suffice her." And Allah the Almighty knows best.