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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

How should a person who is afflicted with continued major ritual impurity (incontinence of urine, bleeding outside the monthly period) perform ablution?

Such a person should make ablution for every prayer after its due time and after removing impurities from their body and outfit, and should place a fresh diaper whenever needed so as for the impurity not to spread out. They should also perform prayer immediately even if incontinence of urine continued, and should repeat the aforementioned for every obligatory prayer, then perform optional prayer as much as they want.

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 of Islamic Law on compensating the patient in case of medical error on the part of the treating physician?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The foundational principle is that every mistake issued by a physician that causes harm to another due to his negligence or lack of expertise obligates him to guarantee liability and compensate the harmed party. The Sharia maxim, in this regard, states: "The direct actor is liable."
 
Ibn Qudamah (may Allah have mercy on him) says: "As for if he was skilled but his hand committed an error—such as exceeding the proper limit of incision, cutting in an incorrect site, cutting with an instrument that inflicts excessive pain, or cutting at an unsuitable time—he is liable, because it is destruction (Itlaf) whose liability does not differ between intent and mistake, thus resembling the destruction of property; and because it is a prohibited act, so he guarantees liability for its secondary effects." [Al-Mughni].
 
However, if the physician performed what was necessary in the most complete manner and took all measures of care and caution, but complications occurred that could not be avoided according to specialists, then no liability rests upon him.
 
Shaykh al-Islam Imam al-Nawawi (may Allah have mercy on him) says: "The cupper and the circumciser bear no liability if they have not been negligent, and likewise the veterinarian if he bleeds an animal and it perishes." [Rawdat al-Talibin].
 
Al-Khattabi (may Allah have mercy on him) said: "I know of no disagreement that if the practitioner transgresses and the patient perishes, he is liable. Anyone who undertakes knowledge or practice he does not know is a transgressor; so if perishing arises from his action, he is liable for the blood-money (Diyah) while capital retaliation (Qisas) is dropped from him, because he did not act independently without the patient's permission. And the physician’s offense in the view of the generality of jurists is borne by his agnates ('Aqilah*)."* [Ma'alim al-Sunan].
 
If negligence or transgression is established against the physician, it is necessary to compensate the patient or seek forgiveness from him. And Allah Almighty knows best.

What is the ruling on Jumu‘ah (Friday) prayer for a traveler, and what are the conditions for it to be waived from him?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Jumu‘ah (Friday) prayer is not obligatory upon a traveler, whether on a long or short journey, provided that — according to the Shāfi‘ī school — he departs from his place of residence before the time for Fajr prayer begins, and that he does not intend to stay in the place he travels to for four days or more, excluding the day of arrival and the day of departure. If he intends to stay longer than that, he may not make use of the travel concession simply by arriving in that town. If he begins his journey after the adhān for Fajr has already been called, then Jumu‘ah prayer remains obligatory upon him, whether in his own town or in any town where Jumu‘ah is being held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), from the books of the Shāfi‘ī school: "Jumu‘ah [prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before Fajr."
A "short journey" refers to travel covering a distance shorter than that of a long journey — that is, less than (81 km). The traveler begins to be entitled to travel concessions once he passes beyond the built-up limits of his town. And Allah, the Exalted, knows best.

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