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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

 
Are the mother's maternal and paternal uncles, and the father's maternal and paternal uncles, considered among the unmarriageable kin (Maharim)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
A mother’s maternal uncle and her paternal uncle, as well as a father’s maternal uncle and his paternal uncle, are all considered among the unmarriageable kin (Maharim). And Allah the Exalted knows best.

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

What is the ruling on selling sacrificial animals (udhiyah) described with specific attributes and authorizing an agent to slaughter them?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Selling sacrificial animals (udhiyah) that are described with specific attributes is permissible. This falls under the category of a salam sale (forward sale) if conducted using the terminology of salam, and under the category of a regular sale if not using the terminology of salam.
 
As for authorizing the seller to slaughter the sacrificial animal, the basic principle is that it is permissible, because the agent (wakil) stands in the place of the principal (muwakkil) in achieving his objective. This is a contract that the principal (the buyer) is entitled to perform himself, so authorizing another (the seller) to do so on his behalf is valid.
 
However, it is a condition for authorization to slaughter that the intention (niyyah) is present either at the time of slaughter or at the time of handing over the sacrificial animal to the agent. The basic principle is that the sacrificial animal must be specifically designated, as it is an act of worship. It is not required to designate it at the time of slaughter; rather, it is valid to do so before that.
 
It is permissible for the principal either to delegate the intention to the agent or to formulate it himself when authorizing the agent to slaughter. However, the sacrificial animal must be designated, even if at the time of slaughter, by the agent.
 
It is obligatory to designate the sacrificial animals so that each person offering a sacrifice receives his own specific animal. Therefore, charitable organizations and companies must take this into consideration and establish a specific mechanism that ensures no mixing of sacrificial animals occurs, so that each person offering a sacrifice receives his own designated animal. And Allah Almighty knows best.

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