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Resolutions of Iftaa' Board

Resolution No. (210): "Ruling on Investing Part of the Waqf for its Benefit"

Date Added : 05-10-2015

Resolution No. (210) (23/2014) , by The Board of Iftaa', Researches and Islamic Studies:

"Ruling on Investing Part of the Waqf for its Benefit"

Date: 6/RabieAl-Awwal/1436, corresponding to 28/12/2014.

 

Praise be to Allah; and may His blessings and peace be upon our Prophet Mohammad and upon all his Family and Companions.

The Board of Iftaa`, Research and Islamic Studies reviewed in its fourteenth session, Sunday(6/ Rabie Al-Awwal/1436)=(28/12/2014), the letter of His Excellency, the Secretary General of the Ministry of Endowments, and it reads as follows:

I hereby enclose the certificate of the charitable endowment (Waqf) of  lot No.(135)-(5) from Tla` Al-Ali lands {Waqfia of the schools of the Sheikh of Martyrs, Umar Al-Mokhtar }. Kindly clarify the ruling of Islamic Sharia` in what follows:

1- Investing a part of this endowed lot for the purpose of covering the expenses of the school and the orphan students who dwell in it.

2- Spending from the revenues of this investment on the orphans whose guardians refuse to allow them  stay the night at the school or to cover the expenses of their study.

3- Admitting other students in return for paying the tuition, so as to integrate the orphans with their peers, and secure an additional source of financing to the Waqf.

After careful study and deliberation, the board decided the following:

There is no harm in investing a part of the endowed lot, referred to above, for spending on the school, Muslim-orphan students and  sons of martyrs since the certificate of this endowment has stipulated dedicating it for the welfare of these categories, so the revenues of the invested part are included in this stipulation, and putting this stipulation into effect is adhering to the condition set by the Waqif (endower), and there is no harm in doing so.

However, we recommend adherence to making  Muslim orphans and sons of martyrs a priority, so only a certain number of other students should be allowed into the school i.e. that which fulfills the necessary benefit of the above categories, and provided that other students pay the full fees, and these are to be used in meeting the stipulation of the endower. This way, conditions for the permissibility of  disposing of this Waqf, according to the form mentioned in the above question, are met. And Allah Knows Best..

 

Head of the Iftaa` Board, The Grand Mufti of the Hashemite Kingdom of Jordan, His Grace Sheikh Abdulkareem Al-Khasawneh

Vice Head of the Iftaa` Board, Dr. Ahmad Hilayel

Dr. Yahia Al-Botoosh/ Member

Dr. Hayil Abdulhafeez/ Member

Sheikh Sa`ied Hijjawi/ Member

Dr. Mohammad Khair Al-Essa/ Member

Dr. Moh. Al-Qodah/ Member

Dr. Wasif  Al-Bakri/ Member

Dr. Abduln`nassir Abu Al Bass`al/ Member

Dr. Mohammad Al-Khalayleh/ Member

Dr. Mohammad Al-Zou`bi/ Member

 

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Summarized Fatawaa

 
What is the ruling on someone who eats or drinks thinking that the sun has set, then realizes that it has not yet set?

Whoever eats or drinks believing that the sun has set, then later discovers that it has not yet set, their fast is invalid, and they must make up that day after Ramadan. It is not permissible to break the fast before confirming sunset—either by seeing it, through personal reasoning, or by relying on the statement of someone trustworthy in their religious commitment.

What is the recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).
 
This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]
 
It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).
 
This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.
 
Imam al-Bajuri (may Allah have mercy upon him) stated:
 
 
"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]
 
Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.

If a traveler settles or a sick person recovers while fasting, is it permissible for them to break their fast?

● If a sick person starts the day fasting and then recovers during the day, they must complete their fast.
● If a traveler starts the day fasting and then settles (returns or stops traveling) during the day, they must also complete their fast.
● It is forbidden for both of them to break their fast because the concession (rukhsah) is no longer valid once its reason disappears.

Is a wife considered divorced if her husband refused to go to bed with her (for sexual intercourse) for two months?

A wife doesn`t get divorced no matter for how long her husband refuses to have sex with her, and she had better go to court.

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