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Doubtful Things and What to Avoid of Them (Ahadith 1763 – 1766)

Bismillah.

Volume 3, Book 34, Number 268:

Narrated `Abdullah bin Abu Mulaika:

`Uqba bin Al-Harith (radiallaahu `anhu) said that a black woman came and claimed that she had suckled both of them (i.e. `Uqba and his wife). So, he mentioned that to the Prophet (sallallaahu `alayhi wasallam) who turned his face from him and smiled and said, “How (can you keep your wife), and it was said (that both of you were suckled by the same woman)?” His wife was the daughter of Abu Ihab-al-Tamimi.

Since foster siblings are mahrams among each other, that marriage was annulled. Prophet (sallallaahu `alayhi wasallam) did that in order to stay away from doubt.

Volume 3, Book 34, Number 269:

Narrated Aisha (radiallaahu `anhaa):

`Utba bin Abu Waqqas (radiallaahu `anhu) took a firm promise from his brother Sa`d bin Abu Waqqas (radiallaahu `anhu) to take the son of the slave-girl of Zam`a into his custody as he was his (i.e. `Utba’s) son. In the year of the Conquest (of Mecca) Sa`d bin Abu Waqqas (radiallaahu `anhu) took him, and said that he was his brother’s son, and his brother took a promise from him to that effect. ‘Abu bin Zam`a (radiallaahu `anhu) got up and said, “He is my brother and the son of the slave-girl of my father and was born on my father’s bed.” Then they both went to the Prophet (sallallaahu `alayhi wasallam). Sa`d (radiallaahu `anhu) said, “O Allah’s Messenger (sallallaahu `alayhi wasallam)! He is the son of my brother and he has taken a promise from me that I will take him.” ‘Abu bin Zam`a (radiallaahu `anhu) said, “(He is) my brother and the son of my father’s slave-girl and was born on my father’s bed.” Allah’s Messenger (sallallaahu `alayhi wasallam) said, “The boy is for you. O ‘Abu bin Zam`a (radiallaahu `anhu).” Then the Prophet (sallallaahu `alayhi wasallam) said, “The son is for the bed (i.e. the man on whose bed he was born) and stones (disappointment and deprivation) for the one who has done illegal sexual intercourse.” The Prophet (sallallaahu `alayhi wasallam) told his wife Sauda bint Zam`a (radiallaahu `anhaa) to screen herself from that boy as he noticed a similarity between the boy and `Utba. So, the boy did not see her till he died.

So even though the case was decided in ‘Abu bin Zam`a’s favor, Prophet (sallallaahu `alayhi wasallam) still asked Sawdah bint Zam`a (radiallaahu `anhaa), ‘Abu bin Zam`a’s sister, to cover from that boy because he saw resemblance between him and `Utbah. All to avoid the doubtful.

Volume 3, Book 34, Number 270:

Narrated `Adi bin Hatim (radiallaahu `anhu):

I asked Allah’s Messenger (sallallaahu `alayhi wasallam) about Al Mirad (i.e. a sharp-edged piece of wood or a piece of wood provided with a piece of iron used for hunting). He replied, “If the game is hit by its sharp edge, eat it, and if it is hit by its broad side, do not eat it, for it has been beaten to death.” I asked, “O Allah’s Messenger (sallallaahu `alayhi wasallam)! I release my dog by the name of Allah and find with it at the game, another dog on which I have not mentioned the name of Allah, and I do not know which one of them caught the game.” Allah’s Messenger (sallallaahu `alayhi wasallam) said (to him), ‘Don’t eat it as you have mentioned the name of Allah on your dog and not on the other dog.”

Volume 3, Book 34, Number 271:

Narrated Anas (radiallaahu `anhu):

The Prophet (sallallaahu `alayhi wasallam) passed by a fallen date and said, “Were it not for my doubt that this might have been given in charity, I would have eaten it.” And narrated Abu Huraira (radiallaahu `anhu) the Prophet (sallallaahu `alayhi wasallam) said, “I found a datefruit fallen on my bed.”

Steer clear of fallen things, unless you know whom they belong to and you can fulfill the task of returning them to their rightful owner.
There’s a proper ruling on fallen lost things. Read it here.

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Breaking the Fast Before Sunset in Uncertainty (Hadith No. 1675)

Bismillah.

Question: if a person breaks their fast before sunset thinking that it was time for iftaar, do they have to make up for that fast?

A simple and straight-forward answer is “no”, provided it wasn’t intentional. For details and proofs, read on.

Volume 3, Book 31, Number 180:

Narrated Abu Usama from Hisham bin ‘Ursa from Fatima:

Asma bint Abi Bakr (radiallaahu `anhaa) said, “We broke our fast during the lifetime of the Prophet (sallallaahu `alayhi wasallam) on a cloudy day and then the sun appeared.” Hisham was asked, “Were they ordered to fast in lieu of that day?” He replied, “It had to be made up for.” Ma’mar said, “I heard Hisham saying, “I don’t know whether they fasted in lieu of that day or not.”

Shaykh al-Islam Ibn Taymiyah said:

Those who say that the fast is not broken if a person makes a mistake or forgets at the beginning or end of the day said: our evidence is stronger, and the evidence of the Qur’aan and Sunnah concerning what we say is clearer. Allaah says (interpretation of the meaning):

“Our Lord! Punish us not if we forget or fall into error”

[al-Baqarah 2:286]

Forgetting and falling into error are mentioned together, because the one who does things that are forbidden in Hajj or prayer by mistake is like one who does them out of forgetfulness. It was proven in al-Saheeh that one day at the time of the Prophet (peace and blessings of Allaah be upon him) they broke the fast and then the sun appeared, but it does not say in the hadeeth that they were ordered to make up that fast. But Hishaam ibn ‘Urwah said: It must be made up, but his father was more knowledgeable than him and he said, They do not have to make it up. And it was proven in al-Saheehayn that a group of Sahaabah used to eat until one of them could distinguish the white thread from the black. The Prophet (peace and blessings of Allaah be upon him) said to one of them, “Your pillow is wide [if the white thread (of dawn) and the black thread (of the night) are underneath your pillow], rather that is the whiteness of the day and the blackness of the night.” But it is not narrated that he told them to make up their fasts; they were ignorant of the ruling so they were making a mistake. And it is proven that ‘Umar ibn al-Khattaab broke his fast then it became clear that it was still day, but he said, “We will not make it up because we did not deliberately commit sin.” And it was narrated that ‘Umar said: “We will make it up,” but the isnaad of the first report is stronger. And it was narrated from him that he said, “It is not a serious matter.” So some of the scholars understood this as meaning that it is not essential to make it up, but the wording does not indicate that.

In conclusion, this view is stronger in terms of reports and reasoning, and  is more strongly supported by evidence from the Qur’aan and Sunnah and analogy (qiyaas).

Majmoo’ al-Fataawa, 20/572, 573

[Taken from IslamQA]

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