Announcement of the Passing of the Esteemed Sheikh Kamel Khatatbeh

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Summarized Fatawaa

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.

Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]

According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

What is the ruling on vomiting, and does it invalidate ablution?

Vomit is impure (najis). Its exit is not considered one of the nullifiers of ablution. However, the mouth must be washed and purified from it, and any that gets on clothing or the body must be washed for prayer, because prayer is not valid with impurity present on the body or clothing. And Allah the Almighty knows best.

What fulfills the requirement of Suhoor?

Suhoor is fulfilled by eating even a single date or drinking a sip of water, anytime after midnight and before Fajr, with the intention of strengthening oneself for fasting.

What is the ruling on giving the expiation of an oath (Kaffarat al-Yamin) to a charity that feeds the poor?

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

It is allowed for a Muslim to appoint a proxy (agent) to distribute the expiation (Kaffarah) on their behalf. Our jurists have explicitly stated the permissibility of delegation (Tawkil) in the distribution of Zakat, Kaffarah, and vows (Nadr).

It is stated in Mughni al-Muhtaj (Vol.3/P.237): 'One has the right to pay the Zakat of their wealth personally... and they also have the right to delegate it.' And Allah the Exalted knows best.

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Articles

Announcement of the Passing of the Esteemed Sheikh Kamel Khatatbeh

Author : The General Iftaa` Department

Date Added : 28-08-2023

Announcement of the Passing of the Esteemed Sheikh Kamel Khatatbeh

The General Iftaa Department, represented by His Eminence the Grand Mufti Sheikh Abdulkarim Al-Khasawneh, and His Excellency the Secretary-General Dr. Mohammad Al-Khalaileh, along with the esteemed Muftis, researchers, and administrators, mourn the passing of the honorable Sheikh Kamel Khatatbeh, the Mufti of Ajloun Governorate. They extend their deepest condolences to the Khatatbeh clan in general and to the family of the deceased in particular. They pray to Allah Almighty to replace the deceased with a better abode than his, a better family than his, better neighbors than his, and to grant him a place in His spacious gardens.

Indeed, to Allah we belong and to Him we shall return.

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Summarized Fatawaa

What is the ruling on reciting the Noble Qur’an during menstruation?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is impermissible for a woman in menses, a woman in postnatal bleeding, or a person in a state of major ritual impurity to recite any part of the Noble Qur’an with the intention of recitation, even from a mobile phone or a computer, and even if the recitation is from memory. It is narrated on the authority of ʿAlī ibn Abī Ṭālib (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) “was not prevented, or he said kept back, from the Qur’an by anything except janābah (major ritual impurity).” It was narrated by Abū Dāwūd and al-Tirmidhī, who said: “Ḥasan ṣaḥīḥ.”

Janābah and menstruation are one and the same in that both constitute a major ritual impurity. Just as a woman is commanded by Allah Almighty to pray, fast, and recite the Noble Qur’an during her period of purity, she is likewise commanded to refrain from these during the period of her excuse.

For further reference, see the fatwas: (Fatwas of Shaykh Nūḥ, Fatwa no. 27) and (248). And Allah Almighty knows best.

Is the son of the sister by breastfeeding considered a mahram in Islam, and is it permissible for a woman to go for Hajj with him?

Everything that is prohibited by lineage is also prohibited by breastfeeding. The son of the sister by breastfeeding is considered a mahram, just like the son of the sister by blood, and it is permissible for him to be her mahram for Hajj and Umrah. And Allah Knows Best.

What is the ruling of Islamic Law on applying perfume before entering the state of ihram

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

Applying some perfume (ṭīb) before entering the state of iḥrām does not affect the validity of the Ihram, even if its trace remains after the iḥrām has begun. Indeed, it is sunnah for the pilgrim performing Ḥajj or ʿUmrah to perfume himself before iḥrām.

The scholar Nawawī al-Jāwī (may Allah have mercy on him) said: “The third of them is applying perfume to the body shortly before it, that is, before iḥrām, whether the one entering iḥrām is male or otherwise, young or old, married or unmarried. The recommendation applies after performing the ritual bath (ghusl), and it is fulfilled with any perfume whatsoever, though the best is musk, mixed with rose water or the like. There is no objection to the perfume remaining on the body after iḥrām; however, if a woman becomes bound by the mourning observance (iḥdād) after entering iḥrām, she must remove it. As for perfuming the garment, it is merely permissible, not recommended, according to the reliable position (al-muʿtamad). But if one removes his perfumed garment while the scent is still present in it and then wears it again, he is liable for the fidyah (expiation).” [Nihāyat al-Zayn, Vol.1/212]. And Allah Almighty knows best.

Is it permissible to authorize charitable organizations to perform the Udhiyah on one`s behalf?

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

It is permissible to authorize charitable organizations to perform the sacrifice (Udhiyah) on one’s behalf. However, if these organizations undertake the slaughtering for a group of people, those in charge of the slaughtering must maintain lists of the names of those who authorized them. Furthermore, at the time of slaughter, the slaughterer must intend that the specific sacrifice is on behalf of a specific person. And Allah the Almighty knows best.