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Is it acceptable to perform the Aqiqah for a male child by slaughtering and distributing the first sheep, and bringing the second one cooked from the restaurant?

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

It is permissible to slaughter the first sheep with the intention of Aqiqah (the newborn's sacrificial offering) and distribute it entirely [uncooked], and to slaughter the second sheep and have it cooked at a restaurant to bring home for the household. However, it must be noted that it is obligatory to give some portion of the Aqiqah in charity to the poor, even if it is a small amount, though it is preferable to send the food cooked to them.

Buying a pre-cooked, ready-made sheep from a restaurant does not suffice as an Aqiqah. However, if an agreement is made with the restaurant to explicitly slaughter a sheep with the intention of Aqiqah for the newborn, and then cook it afterward, this is permissible.

In conclusion, slaughtering the sheep and distributing it with the intention of Aqiqah is permissible, and through it, the foundational prophetic tradition (Sunnah) is fulfilled. As for simply buying a cooked sheep from a restaurant that was not specifically slaughtered with the intention of Aqiqah, it will not count as such. Conversely, if the restaurant owner is commissioned (Wakala) to handle both the slaughtering and the cooking as an Aqiqah, it is valid. And Allah the Almighty knows best.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

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

It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.

The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted 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 is the ruling on the use of an inhaler by a muḥrim (a person in the state of iḥrām)? [An inhaler is a medicinal device used for inhalation, containing various herbal ingredients.]؟

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

It is permissible for the muḥrim (a person in the state of iḥrām) to use incense (bakhūr), sprays, and inhalers that contain aromatic substances for the purpose of treatment, because the intention is medical treatment, not the use of perfume (taṭayyub). No expiation (fidyah) is required of him for doing so.

It is stated in Ḥāshiyat al-Bujayrimī ʿalā al-Khaṭīb (Vol.2/p.455): “That which is intended for eating or for medical treatment, even if it has a pleasant scent, such as apples, spikenard (sunbul), and the various fragrant spices such as mastic (muṣṭakā), is not forbidden, and no fidyah is due for it, because what is intended for eating or treatment carries no fidyah.”. And Allah Almighty knows best.

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From Etiquettes of Fasting

Author : Mufti Yusuf Abu Hussein

Date Added : 12-03-2024

From Etiquettes of Fasting

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.

Here comes the month of divine generosity and heavenly blessings, here comes the month of Ramadan, the month of goodness and benevolence. How beautiful is its appearance, and how magnificent is its arrival! In it, good deeds are multiplied, sins and mistakes are forgiven, and prayers are answered. It is a station for purifying souls from blameworthy traits and urging them towards obedience. Therefore, a wise and discerning person should not miss out on this month. The Messenger of Allah, peace be upon him, said: "May he be disgraced! May he be disgraced! May he be disgraced! Whoever lives to see Ramadan and does not have his sins forgiven..." (Narrated by al-Tirmidhi and Ahmad).

In this article, we will discuss some of the etiquettes a fasting person should adhere to:

1-Eagerness for Suhoor and Delaying it: The Prophet Mohammad (peace be upon him) emphasized the importance of having Suhoor (pre-dawn meal during Ramadan) and delaying it until shortly before Fajr. He said, "Partake in Suhoor, for indeed there is a blessing in it." [Reported by Bukhari & Muslim]. He also said, "The Suhoor meal is blessed, so do not neglect it even if one of you just takes a gulp of water. Indeed, Allah and His angels send blessings upon those who have Suhoor." [Reported by Imam Ahmad].

2-Refraining from Forbidden Speech: During fasting, it's crucial to abstain from prohibited speech such as backbiting, gossip, and lying. Fasting is an act of worship ordained to purify the soul and habituate it to goodness. Ramadan serves as a school whose aim is to graduate the fasting person as righteous, which is the ultimate goal of fasting. Allah says in the Quran, "O ye who believe! Fasting is prescribed to you as it was prescribed to those before you, that ye may (learn) self-restraint,-." (Al-Baqarah, 183). The Prophet Mohammad (peace be upon him) said, " Whoever does not give up forged speech and evil actions and does not abandon foolishness, Allah is not in need of his leaving food and drink (i.e. Allah will not accept his FASTING)." (Related by al-Bukhari). He also said, "Fasting is a protection for you, so when you are fasting, do not behave obscenely or foolishly, and if any one argues with you or abuses you, say, 'I am fasting. I am fasting." (Related by al-Bukhari).

3-Showing kindness to fasting people and offering them Iftar: The Prophet Mohammad (peace be upon him) said, " Whoever provides the food for a fasting person to break his fast with, then for him is the same reward as his (the fasting person's), without anything being diminished from the reward of the fasting person." (Related by al-Tirmidhi & Ahmad).

4-Increasing charity and generosity in the month of Ramadan: The Prophet Mohammad (peace be upon him) was the most generous of people, and his generosity would peak during the month of Ramadan. Ibn 'Abbas (May Allah be pleased with them) reported: The Messenger of Allah (PBUH) was the most generous of the men; and he was the most generous during the month of Ramadan when Jibril visited him every night and recited the Qur'an to him. During this period, the generosity of Messenger of Allah (PBUH) waxed faster than the rain bearing wind. [Related by Al-Bukhari and Muslim].

5-Recitation of the Quran: Ramadan is the month of the Quran, during which it was revealed. Allah says in the Quran: " Ramadhan is the (month) in which was sent down the Qur’an, as a guide to mankind, also clear (Signs) for guidance and judgment (Between right and wrong)." (Al-Baqarah, 185). Therefore, Muslims should increase their recitation and reflection upon the verses of the Quran, especially during Ramadan.

6-Iʿtikaf and Qiyaam during Ramadan, including Taraweeh prayers: It was narrated that the Prophet Mohammad (peace be upon him) said: "Whoever stands (in prayer) in Ramadan out of faith and in the hope of reward, his previous sins will be forgiven." [Related by al-Bukhari & Muslim]. Additionally, it was his practice during the last ten nights of Ramadan to exert himself in worship, awaken his family, and tighten his waist belt (i.e., devote himself to worship). [Related by al-Bukhari & Muslim].

7-Performing Umrah during Ramadan: It is highly recommended to perform Umrah during the month of Ramadan. The Prophet Mohammad (peace be upon him) said: "Umrah performed in Ramadan is equivalent to Hajj." (Reported by al-Bukhari).

8-Hastening the Iftar: The Prophet Mohammad (peace be upon him) said: "The people will continue to prosper as long as they hasten the breaking of the fast."* *This refers to each day during Ramadan, and recommends that the fast should be broken as early as that may lawfully be done. (Related by Bukhari & Muslim).

9-Avoiding ignorant and foolish behavior, and forgiving: The Prophet Mohammad (peace be upon him) said: " When any one of you is observing Saum (fasting) on a day, he should neither indulge in obscene language nor should he raise the voice; and if anyone reviles him or tries to quarrel with him he should say: 'I am observing fast." (Reported by al-Bukhari).

10-Reflecting on the blessing of fasting: It is important for the fasting person to recognize the blessing of Allah upon him by granting him the ability and ease to fast. Many people are deprived of fasting due to various reasons such as death before reaching the age of fasting, physical incapacity, or turning away from it (fasting) due to misguidance.

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Summarized Fatawaa

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

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

The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).

Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the 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.

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.

Is it obligatory for someone traveling by plane in the afternoon during Ramadan to fast?

Anyone who intends to travel after dawn must begin the day fasting and continue with the intention of completing their fast, as fasting was obligatory upon them before traveling.

However, if they experience unbearable hardship after starting their journey, they are permitted to break their fast due to that hardship, not merely because of travel. In such a case, they must make up for the missed fast later.