What is the ruling of Islamic Law on a latecomer who joins the imam during the standing position of the first rakʿah but was unable to complete the recitation of al-Fātiḥah?
All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a latecomer (masbuq) joins the prayer while the imam is standing, he should begin reciting Sūrat al-Fātiḥah immediately, without pausing to recite the opening supplication (duʿāʾ al-istiftāḥ) or the seeking of refuge (taʿawwudh). If the imam bows before he completes al-Fātiḥah, he follows the imam into the bow and leaves whatever remains of al-Fātiḥah — the imam bears it on his behalf.
It is stated in ʿUmdat al-Sālik (p. 47): "If a latecomer finds the imam standing and is confident that he has enough time to recite the taʿawwudh and al-Fātiḥah in full, he may do so. If he is uncertain, he should neither recite the opening supplication nor the taʿawwudh, but rather begin directly with al-Fātiḥah. If the imam bows before he completes it, he follows him into the bow — provided he had not already begun the opening supplication or the taʿawwudh. If he had begun either of them, he continues reciting al-Fātiḥah for as long as he spent on them." And Allah the Almighty knows best.
Is it permissible to fast the six days of Shawwal before making up for the missed fasts of Ramadan?
● If a person missed fasts due to a valid excuse, they may fast the six days of Shawwal before making up for Ramadan fasts, because qada (makeup fasts) in this case can be delayed, while the six days of Shawwal must be observed within Shawwal.
● However, if a person missed fasts without a valid excuse, they must make up for the missed fasts immediately after Eid, before fasting the six days of Shawwal. If they fast the six days first, it is valid, but they must still make up for the missed Ramadan fasts afterward.
It is also permissible to combine the intention of qada (makeup fasts) and the six days of Shawwal in one fast. However, it is better to fast them separately, as this increases the reward and avoids scholarly disagreement regarding combining intentions.
What is the ruling of Islamic Law on one who died owing debts and left no wealth? Is it obligatory upon the heirs to settle these debts?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general rule is that if a person dies owing rights to other people, such as debts, these are settled from his estate, if he left any wealth, before the estate is divided. The Prophet (peace and blessings be upon him) said: “The believer's soul is suspended by his debt until it is settled for him.” Graded ḥasan by al-Tirmidhī. Repayment of debts takes precedence over the heirs’ right to inheritance.
If the deceased left no estate, or left wealth that was insufficient to cover his debts, it is not obligatory for the heirs to pay from their own wealth, but it is recommended for them to do so, because the deceased’s dhimmah (legal liability) remains occupied by the debt. It is reported in some narrations that he remains held in suspension until his debt is paid, and it is not part of filial righteousness for a child to leave his father’s dhimmah burdened with debt.
All of the children may contribute to settling the debt on behalf of their father and cooperate in doing so, even in installments, according to their ability. And Allah Almighty 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.
