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Scary Questions about Severance of Kinship Ties
Author : Dr. Mohammad bani Taha
Date Added : 01-11-2022

Scary Questions about Severance of Kinship Ties

 

Am I banned from entering Jannah (Paradise) because I don`t maintain kinship ties? Does this apply to me? Is it true that my deeds will neither be presented before Allah nor accepted by Him? Such scary questions haunt most people, so they send them to the Iftaa` Department via social media. 

 

In fact, there is a number of motivations for posing such questions; the most important of which are:

 

First: Religiosity, thanks to Allah. This is embodied in hoping to win the pleasure of Allah in this world and the next life and fearing to be deprived from His mercy.

Second: There are many texts from the Quran and the Prophetic Sunnah warning against severance of kinship ties and harboring enmity, and that Allah won`t accept the deeds of kinship-ties severer and will deprive him/her from His mercy.

Third: Arguments and disagreements leading to enmity and severance of kinship ties.

Relieving the questioner's` fear can be achieved through assuring them that being afraid of the warning against those who harbor enmity and sever kinship ties is a sign of righteousness reflecting firm belief and closeness to Allah. This can also be done through explaining the qualities of the individual liable for this warning by interpreting the Sharia texts that dwelled on this theme. The most salient of these texts are:

- Sura 13, Verse No. (25)" But those who break the Covenant of God, after having plighted their word thereto, and cut asunder those things which God has commanded to be joined, and work mischief in the land;- on them is the curse; for them is the terrible home!."

- The Prophet (PBUH) said: "Anyone who cuts off relationship from his nearest relatives will not enter Paradise." [Agreed upon].

- The Hadith reported by Al-`Amash in [Jami` Mu`ammar Bin Rashi, vol.11/pp.174].

- Abu Huraim reported Allah's Messenger (PBUH) as saying: "The deeds of people would be presented every week on two days, viz. Monday and Thursday, and every believing servant would be granted pardon except the one in whose (heart) there is rancor against his brother and it would he said: Leave them and put them off until they are turned to reconciliation." {Transmitted by Muslim}.

 

Abu Musa al-`Ash‘ari (May Allah Be Pleased with him) reported God’s Messenger as saying: "God most high looks down on the middle night of Sha'ban and forgives all His creatures, except a polytheist or one who is hostile." [Ibn Majah, vol.1/pp.44].

 

After careful consideration of these texts and scholars` commentaries on them, it is made clear that the one deserving the above-mentioned warning must meet the following conditions:

 

1- Deeming severance of kinship ties lawful without a valid excuse or doubtfulness although he/she knows that it is unlawful. The eminent scholar Al-Khastalani said: "The person referred to in this regard is the one who deems severance of kinship ties lawful without a valid excuse or doubtfulness although he/she knows that it is unlawful." [Shareh Al-Khastalani].

 

2- Severance of kinship ties for a worldly interest. However, doing so out of enjoining kindness and forbidding iniquity to please Allah and be admitted into Jannah excludes such person from this warning. However, this is provided that the rules of enjoying kindness and forbidding iniquity are observed. Of course, this should be done with wisdom and fair preaching.

 

3- Maintaining kinship ties doesn`t result in moral or material harm. It was narrated from Hudhaifah, that The Messenger of Allah (PBUH) said: "It is not for the believer to humiliate himself." They said: "How does he humiliate himself?" He said: "By taking on a trial which he can not bear." [Sunn At-Tirmithi, vol.4/pp.523].

 

4- Transgressing against near relatives, harboring hatred and enmity towards them, intending every evil for them, and depriving them from any benefit in this life and the next. However, the one who means them no harm and keeps kinship ties at the minimum, for example greeting with Asalamu Alikum, is relieved from the above-mentioned warning. Commenting on Sahih Al-Bukhari, Ibn Battal cited the words of Tabari who said: "The one who keeps kinship ties at minimum, such as greeting with AsalamuAlikum, isn`t considered a severer of kinship ties. Therefore, who is the person intended by the Hadith? He said: the one who deserts near relatives, harbors enmity towards them and deprives them from any benefits in this life and the next."

 

5- Being contented with severing kinship ties and harboring enmity towards near relatives without exerting every effort possible to set the records straight and make reconciliation. However, the one who tries to bring these ties to normal and make reconciliation, even if the other party refuses, isn`t considered a severer of kinship ties. This is because he has done his part and, as well known, Allah burdens not a soul beyond its scope.

 

One should remember that the Quran and the Sunnah contain multiple texts that call for forgiving others, overlooking mistakes, and cleansing hearts from hatred and enmity. This is since The Messenger of Allah (PBUH) said: "It is not lawful for a Muslim to desert (stop talking to) his brother beyond three nights, the one turning one way and the other turning to the other way when they meet, the better of the two is one who is the first to greet the other." [Agreed upon].

 

This way, fear and despair are eliminated and a person is motivated to eliminate all causes of enmity and severance of kinship ties to keep the society united against all attempts of sowing the seeds of discord amongst its members. This achieves the intention of the Lawgiver in establishing a society in which people`s dignity, property, and blood are considered inviolable.

 

 

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

What is the Sharia basis of the Udhiyah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
The Sharia basis of the Udhiyah (sacrificial offering) is firmly established through the Quran, the Sunnah, and the Consensus (Ijma') of the Muslims:
1. Evidence from the Holy Quran
Allah the Exalted says {what means}: "And the camels and cattle We have appointed for you as among the symbols of Allah; for you therein is good." [Al-Hajj/36]. He also says {what means}: "So pray to your Lord and sacrifice [to Him alone]" [Al-Kawthar/2]. According to the most well-known scholarly interpretations of this verse, "prayer" refers to the Eid prayer, and "sacrifice" refers to the slaughtering of the Udhiyah.
2. Evidence from the Sunnah
Al-Bara' bin 'Azib (may Allah be pleased with him) narrated that the Prophet ﷺ said: "The first thing we start with on this day of ours is to pray, then we return and sacrifice. Whoever does that has followed our Sunnah, and whoever slaughters before [the prayer], it is merely meat he has provided for his family; it is not part of the ritual sacrifice in any way" [Reported by Bukhari & Muslim].
Anas (may Allah be pleased with him) narrated: "The Prophet ﷺ sacrificed two white rams with horns. He slaughtered them with his own hand, mentioned the name of Allah (Tasmiyah), and said the Takbir" [Reported by Bukhari & Muslim].
3. Evidence from Scholarly Consensus (Ijma')
The Muslims have reached a unanimous consensus on the Sharia basis of the Udhiyah, and no one among the scholars has disagreed with this. [Al-Sherbini, Mughni al-Muhtaj, Vol.6/P.122].And Allah the Exalted knows best.

What are the conditions that must be met for the 'aqīqah to be valid?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is like the recommended uḍḥiyyah in terms of the type of animal, its age, and its required characteristics — since it is a recommended slaughter and therefore resembles the uḍḥiyyah in its rulings.
It is agreed upon without any difference of opinion that the 'aqīqah is not valid with any animal other than livestock (al-na'am — camels, cattle, and sheep). Likewise, an animal with a disqualifying defect — such as obvious illness, lameness, or blindness in one eye — does not suffice, as has previously been explained in the rulings of the uḍḥiyyah. And Allah Almighty knows best.

What is the ruling on a person in a state of major impurity (junub) or a menstruating woman (ha'id) reciting the Quran from memory?

It is not permissible for a menstruating woman, a postpartum woman, or a person in a state of major impurity to recite anything from the Quran, whether from memory, from the Quran, from a phone, or a computer. It is also not permissible for them to touch the Quran, based on what was reported from Ali bin Abi Talib that the Prophet (peace be upon him) was not prevented from anything regarding the Quran except major impurity (janabah). (Reported by al-Tirmidhi who said it is a hasan sahih hadith). Menstruation and postpartum bleeding are analogous to major impurity (janabah) as they are all major impurities (hadath akbar).
For those mentioned, it is permissible to mention Allah and supplicate even with verses from the Quran, provided they do not intend them as recitation of the Quran, but intend them as remembrance (dhikr) or supplication (du'a). And Allah the Almighty knows best.

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