Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(298) (1/2021): "Demolishing an Old Praying Place to Replace it with New One"

Date Added : 23-02-2021

Resolution No. (298) (1/2021), By The Board of Iftaa', Researches and Islamic Studies:

"Demolishing an Old Praying Place to Replace it with New One"

Date: (14th of Jumada Al-Akhirah, 1442AH), corresponding to (28/1/2021AD).

In its 1st meeting held on the above date, the Board of Iftaa` reviewed the letter No.4/2/3/9928 sent from His Excellency, the Minister of Awqaf, Holy Sites and Islamic Affairs Dr.Mohammad Al-Khalayleh. It stated as follows: We would like your Excellency to clarify the ruling of demolishing a praying place which is built on a part of an endowed land No. (81/Southern Quarter/Al-Mafraq), due to the fact that it is an old building and a new one is to be built instead on a different part of the same land, as it was donated unconditionally in the first place intended as a public endowment. Besides, the old one won't be demolished save after the new praying place is built in order to observe the purpose for which the land was endowed as well to invest the land itself. And Allah Knows Best.

            

Grand Mufti of Jordan,

Dr. Abdulkareem al-Khasawneh

Dr. Mohammad Al-Khalayleh, Member      Dr. Majed al-Darawsheh, Member

Sheikh Sa`eid Al-Hijjawi, Member

Judge Khalid Woraikat, Member         Prof. Adam Nooh Al-Qhodaat/Member

Dr. Amjad Rasheed, Member

Dr. Jamil Khatatbeh, Member             Dr. Ahmad al-Hasanat, Member

Dr. Mohammad Younis Al-Zou`bi, Member

 

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Summarized Fatawaa

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

What is the ruling on forgiving a tenant next month's rent, with the intention of counting it toward zakāh al-māl?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It does not fulfill the obligation to count the rent owed on a house, or a portion of it, in lieu of zakāh. Rather, it is necessary to first transfer ownership of the zakāh amount to the poor person directly; only afterward may he be asked to pay the rent [from that money].
It is stated in ‘Umdat as-Sālik (p. 112): "If someone gives [money] to a poor person, stipulating that the recipient return it to him in payment of a debt owed to him, or says, 'I am making what you owe me into zakāh, so take it [as such]' — this is not valid. But if he gives it to him with the [unstated] intention that the recipient will use it to repay him, or says, 'Repay what you owe me, so that I may [then separately] give it to you as zakāh,' or the debtor himself says, 'Give it to me, so that I may [then] repay you with it' — this is valid, and there is no binding obligation for the recipient to actually fulfill this [informal understanding]."
We would also remind [the reader] of the ḥadīth of the Prophet ﷺ: "The Muslim is the brother of the Muslim: he does not wrong him, nor does he abandon him [to harm]. Whoever attends to the needs of his brother, Allah, the Mighty and Majestic, will attend to his needs. Whoever relieves a Muslim of a hardship, Allah, the Mighty and Majestic, will relieve him of one of the hardships of the Day of Resurrection. And whoever conceals [the faults of] a Muslim, Allah will conceal him on the Day of Resurrection." (Agreed upon). And Allah, the Exalted, knows best.

What is the ruling on the follower`s prayer if the Imam stands for a fifth rak`ah?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If the Imam stands up for an extra unit (rak‘ah) of prayer out of forgetfulness, he must return to the sitting position as soon as he remembers, and he should perform the prostration of forgetfulness (Sujud al-Sahw). It is the duty of the congregants (Ma’mumin) behind him to remind him. However, if the Imam is in a state of doubt regarding the extra unit (and not certainty), it is not permissible for him to return.
 
As for the congregants: anyone who is certain that the Imam has stood for an extra unit is forbidden from following him. In this case, the follower has two choices: either intend to separate from the Imam (Mufaraqah) and finish the prayer alone, or wait for the Imam in the sitting position and perform the final salams with him—the latter being the preferred option. If a follower knowingly follows the Imam into an extra unit, their prayer becomes invalid. However, if a follower is in doubt and not certain of the mistake, they must continue following the Imam, as the Imam was appointed to be followed.
 
It is stated in Al-Majmu’ (Vol.4/P.145): 'If [the Imam] stands for a fifth rak‘ah, the follower should not follow him, even if it is assumed that the Imam might have omitted a pillar from a previous unit; because if the reality is known, following him is impermissible since the follower has certainly completed their own prayer. Even if the follower had missed a previous unit (Masbuq) or was in doubt about performing a pillar like the Fatihah, and the Imam stood for the fifth, it is not permissible for the latecomer to follow him in it. This is because we know that this unit is not counted for the Imam and that he is mistaken in performing it.' And Allah the Exalted knows best.

What is the ruling on the prayer of one who said "Subḥāna Rabbiya al-ʿAẓīm" in prostration (*sujūd*) and forgot to correct it?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Saying “Subḥāna Rabbiya al-ʿAẓīm” in bowing (rukūʿ) and “Subḥāna Rabbiya al-Aʿlā” in prostration (sujūd) is one of the hayʾāt (non-essential sunnahs) of the prayer. Whoever omits it, whether deliberately or by forgetfulness, or replaces it with another remembrance (dhikr), his prayer is valid and he does not perform sujūd al-sahw. Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said: “Our school holds that one does not prostrate for omitting the audible or silent recitation, the tasbīḥ, and the rest of the hayʾāt.” [al-Majmūʿ, Vol.4/p.127]
If he performs sujūd al-sahw for something that does not call for it, his prayer is invalidated, because he introduced a prostration of forgetfulness without a cause, and he must repeat the prayer. The exception is one who did so out of forgetfulness or ignorance, whether because he recently entered Islam or because he lives far from scholars; he is excused and his prayer is not invalidated.
It is stated in Mughni al-Muḥtāj (Vol.1/p.417): “It is stated in al-Anwār: If he does something that does not call for sujūd al-sahw, thinking that it does, and then prostrates, his prayer is not invalidated if he is ignorant because he recently entered Islam or because he is far from scholars.”
Since this issue is hidden from the laity, as it is among the subtleties of knowledge, and the laity are excused for ignorance of whatever is of such a nature, and their act of obedience is not invalidated because of it, it may be said that the prayer of one who has not acquired knowledge of the issue is not invalidated. As for after knowing it, the prayer is invalidated.
Whoever realizes while still in the prayer that his prostration was out of place, it is sunnah for him to perform sujūd al-sahw. And Allah Almighty knows best.