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Statement on Giving Respite to the Insolvent Person
Author : The General Iftaa` Department
Date Added : 03-07-2023

Statement on Giving Respite to the Insolvent Person

 

All perfect praise be to Allah, The Lord of The Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

In the difficult circumstances that the world is experiencing, the conditions of those who live on a subsistence level are tightening as well as those who get their livelihood day by day. If their work is disrupted, they will not find what they can live on. However, the words of our Lord, the Most High, apply to them: " (Charity is) for those in need, who, in God’s cause are restricted (from travel), and cannot move about in the land, seeking (For trade or work): the ignorant man thinks, because of their modesty, that they are free from want. Thou shalt know them by their (Unfailing) mark: They beg not importunately from all the sundry. And whatever of good ye give, be assured God knoweth it well." {Al-Baqarah, 273}. Therefore, it has become imperative upon every affluent person to check on the weak and poor individuals whom he knows and help alleviate their burdens and ensure them a minimum level of decent living. This is both a religious and social responsibility on the wealthy and affluent members of society towards their brothers for it raises the spirit of cooperation, love and solidarity between them. The Messenger of Allah (PBUH) said, "The believers in their mutual kindness, compassion and sympathy are just like one body. When one of the limbs suffers, the whole body responds to it with wakefulness and fever." {Transmitted by Muslim}. He (PBUH) also said: "A believer is like a brick for another believer, the one supporting the other." {Transmitted by Muslim}. Moreover, this is what the Messenger of Allah loves where he (PBUH) said: "When the Ash'ariyun run short of food in the Jihad or when they are at home in Al-Madinah, they collect all the provisions they have in a sheet and then divide it equally among themselves. They are of me and I am of them." [Al-Bukhari and Muslim].

 

Helping and forgiving others as well as waiving some of the rights due on them, or postponing their collection or some of them, out of solidarity considering their difficult situation, is a sign of the mercy inherent in the heart. The Messenger of Allah (PBUH) promised these merciful people to be shown the mercy of Allah, where he said: "The merciful will be shown mercy by the Most Merciful. Be merciful to those on the earth, and the One in the heavens will have mercy unto you." {Transmitted by Tirmidhi}. This is because when a believer forgives or fulfills the needs of the person who is going through difficult circumstances, Allah  the Almighty treats him in the same way, because of his mercy towards the servants of Allah, for rewards depend on the kind of deed.

The Messenger of Allah (PBUH) has warned against harshness and cruelty of the heart and not helping others although one is able to. He (PBUH) said, "He who is not merciful to others, will not be treated mercifully." { Al-Bukhari and Muslim}. He (PBUH) added: "Mercy is not removed (from anyone) except from a wicked one." {Transmitted by Tirmithi}.

 

Not only commanded giving respite to the insolvent person, but Allah the Almighty has also encouraged remitting the debt by way of charity where He said {what means}: " If the debtor is in a difficulty, grant him time Till it is easy for him to repay. But if ye remit it by way of charity, that is best for you if ye only knew." {Al-Baqarah, 280}. This is also celebrated in the Sunnah. Abu Hurairah (May Allah be pleased with him) reported: The Messenger of Allah (PBUH) said, "There was a person who used to loan money to the people and he used to say to his servant: 'When an insolvent person comes to you, show him leniency so that Allah may forbear our faults.' So when he met Allah (i.e., when he died), Allah forgave him."[Al-Bukhari and Muslim].

 

In conclusion, we call on all Muslims to show mercy and forgiveness to each other, make reconciliation, fulfill the needs of fellow Muslims, give respite to the insolvent person and even remit the debt by way of charity, if possible. And to Allah belongs every success.

 

 

 

 

 

 

 

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Summarized Fatawaa

A man led the people in prayer as imam, and at the end of the prayer he performed a prostration of forgetfulness (*sujūd al-sahw*) because he had omitted a short *sūrah* after al-Fātiḥah. What is the ruling on his prayer and that of those praying behind him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
According to the Shāfiʿī school, it is sunnah to recite a sūrah after al-Fātiḥah in the prayer. One who omits it has a valid prayer, and no prostration of forgetfulness (sujūd al-sahw) is prescribed for omitting it. If someone performs sujūd al-sahw for its omission while knowing the ruling and remembering it, his prayer is invalidated. But one who is ignorant of the ruling, or who did so out of forgetfulness, his prayer is not invalidated, because this is among the matters that are obscure to people, and ignorance of it is not restricted to those who recently entered Islam.
Shaykh al-Islām al-Shams al-Ramlī said in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Vol.2/p.70): “The remaining sunnahs are not compensated for by prostration, such as the remembrances (adhkār) of bowing and prostration, that is, the opening supplication (duʿāʾ al-iftitāḥ) and the sūrah, in accordance with the base rule, because they are not of the same nature as what has been reported [as compensable]. If one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to ignorance. As for the objection raised that the ignorant person does not know that sujūd al-sahw is prescribed, and whoever knows it knows its place, this is refuted by denying such a necessary connection, for the ignorant person may hear only that sujūd al-sahw is prescribed before the salām, and so assume that it applies to every sunnah and is not restricted to its prescribed place.”
This is among the matters that are obscure, in which the mukallaf is excused for ignorance, as stated by al-Shabrāmallisī in his Ḥāshiyah ʿalā Nihāyat al-Muḥtāj (Vol.2/p.70).
However, if the imam prostrates, and the follower (maʾmūm) presumes that his imam’s prostration is for a reason for which one does not prostrate, it is not permissible to follow him in it, so long as the follower knows the ruling.
Accordingly, the prayer of one who did not recite a sūrah after al-Fātiḥah is valid, and sujūd al-sahw is not prescribed for it. Whoever prostrates out of ignorance or forgetfulness, his prayer is valid, because this is among the issues hidden from the general public. But whoever prostrates while knowing the ruling and remembering it, his prayer is invalidated. And Allah Almighty knows best.

What are the key differences between the 'aqīqah and the uḍḥiyyah?

 All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The following are the key differences between the 'aqīqah and the uḍḥiyyah:
First: The 'aqīqah is slaughtered as an act of drawing closer to Allah the Almighty and expressing gratitude for the blessing of a newborn child. The uḍḥiyyah, on the other hand, is slaughtered as an act of drawing closer to Allah and expressing gratitude to Him specifically during the days of slaughter (ayyām al-naḥr).
Second: The 'aqīqah is performed on the seventh day from the birth of the newborn, whereas the uḍḥiyyah is performed on Eid al-Aḍḥā and its time extends for three days after the Eid.
Third: The 'aqīqah is performed once in a lifetime for the newborn, whereas the uḍḥiyyah is recommended every year for the one who is financially capable to offer it.
Fourth: It is Sunnah for the one intending to offer the uḍḥiyyah to refrain from cutting his hair and nails until after he has slaughtered. This is not a Sunnah for the one intending to perform the 'aqīqah.
Fifth: It is Sunnah for the 'aqīqah to be cooked and distributed to the poor in its cooked form. The uḍḥiyyah, by contrast, must be distributed as raw meat. And Allah Almighty knows best.

What are the legal and religious consequences for a charitable organization in the event that a sacrificial animal is damaged or spoiled after slaughter?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
Charitable organizations entrusted with slaughtering sacrificial animals (uḍḥiyyah) and distributing their meat on behalf of their owners are obligated to safeguard the meat from spoilage, damage, theft, and any other harm. This is because such organizations act as agents (wukalā') on behalf of those offering the sacrifice, and an agent holds what is entrusted to them in trust (amānah) — whether they receive a wage for their work or act on a voluntary basis.
If the sacrificial animal is damaged after slaughter during the processes of packaging, transportation, or storage due to negligence or oversight — whether on the part of the organization's own staff overseeing the operation, or on the part of third parties contracted by the organization such as transport or shipping companies — then liability falls upon the negligent party, who is required to compensate for the value of the sacrifice. It is not permissible to cover such compensation from the organization's other donor funds.
However, if the damage to the sacrificial animal occurs without any negligence in its preservation and storage on the part of any party involved in the transportation, shipping, or storage process, and is instead attributable to force majeure circumstances beyond their control, then no financial liability is borne by any party in such a case. And Allah Almighty knows best.

Who is the "Capable Person" for whom the Udhiyah is recommended?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

The "Capable Person" (Al-Qadir): This refers to anyone who possesses surplus wealth beyond their own essential needs and the financial maintenance of their wife, children, or whoever is under their legal care, during the day of Eid and the three days of Tashreeq (the 11th, 12th, and 13th of Dhul-Hijjah), as this is the designated timeframe for the sacrifice. And Allah Knows Best.

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