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Mortgage (Ahadith 1777 – 1778)

Bismillah.

Volume 3, Book 34, Number 282:

Narrated ‘Aisha (radiallaahu `anhaa):

The Prophet (sallallaahu `alayhi wasallam) purchased food grains from a Jew on credit and mortgaged his iron armor to him.


Volume 3, Book 34, Number 283:

Narrated Qatada:

Anas (radiallaahu `anhu) went to the Prophet (sallallaahu `alayhi wasallam) with barley bread having some dissolved fat on it. The Prophet (sallallaahu `alayhi wasallam) had mortgaged his armor to a Jew in Medina and took from him some barley for his family. Anas (radiallaahu `anhu) heard him saying, “The household of Muhammad (sallallaahu `alayhi wasallam) did not possess even a single Sa’ of wheat or food grains for the evening meal, although he has nine wives to look after.”

Mortgage: convey (a property) to a creditor as security on a loan.

It is neither the taking out of a loan nor a mortgage which by itself is unlawful or prohibited in Islam; what is unconditionally and specifically prohibited and absolutely unlawful in the Sight of Allah is the ‘interest’ element in the loan or the mortgage.

Thus if one takes out an interest-free mortgage on their house or property, such a transaction would be absolutely lawful in the Sight of Shariah Law.

This is the general and overall ruling. Further details will come in the future inshaAllah.

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Halaal and Haraam Earning (Hadith No. 1770)

Bismillah.

Volume 3, Book 34, Number 275:

Narrated Abu Huraira (radiallaahu `anhu):

The Prophet (sallallaahu `alayhi wasallam) said, “A time will come when one will not care how one gains one’s money, legally or illegally.”

How did the Companions earn their livelihood? [Examples of halaal earning]

  • Trade, as in the case of Abu Bakr al-Siddeeq, ‘Uthmaan ibn ‘Affaan and ‘Abd al-Rahmaan ibn ‘Awf (may Allaah be pleased with him).
  • Agriculture, whether they owned farmland or worked on the land; many of the Muhaajireen and Ansaar were involved in this.
  • Skilled crafts, such as smithery, carpentry and so on.
  • Jobs that were connected to the state, such as teaching, collecting zakaah, judging and so on.
  • Earnings acquired through jihad, such as war booty

Haraam Earning:

Some jobs are haraam in and of themselves, such as working in riba-based banks and places where alcohol is sold. Some may be haraam because of things in the work-place that are contrary to sharee’ah, such as mixing between men and women, or because it is stipulated that one should wear haraam clothing or do other things that are contrary to sharee’ah, such as shaving the beard. It is not permissible for the Muslim to do either type of job.

Jobs of the second type vary in the degree to which they are haraam. The one which incurs the greatest burden of sin is that which involves writing down or recording riba (usury), then that which involves selling or manufacturing haraam things, then that in which the workplace environment is haraam. The last category should not be taken lightly, because it has an impact on the religious commitment and conduct of the worker, especially the fitnah of women which was the first fitnah of the Children of Israel and is the most harmful fitnah for the Muslim man, as our Prophet Muhammad(peace and blessings of Allaah be upon him) told us.

If mixing between men and women is something that happens in your country and you can hardly find any job that is free of that, and you think that your being in that job will be beneficial and that you will be able to put a stop to some of that evil and reduce some of it, and you will be able to advise the employees who are under your authority, enjoining them to do what is good and forbidding them to do what is evil as much as you can, and you can take precautions and measure which will help you avoid the fitnah of women – such as hastening to get married if you are not married, not looking at them or being alone with them – and if the work requires you to sit with some of the female employees you can leave the door of the office open and not sit close to them and so on… then we think that your being present in the workplace and achieving some of the interests of sharee’ah and reducing some evils, is better than keeping the workplace devoid of the righteous and leaving it to those who do not pay any attention to religion or to the rulings of sharee’ah, so that these evils become more widespread and it becomes more difficult to fight them. How many teachers and university professors have taught in mixed institutions and Allaah has benefited many through them, and warded off a great deal of evil.  We hope by Allaah’s grace that you will be one of them.

However, if you think, after taking the job, that you cannot adhere to your religious commitment and that you are being pulled into haraam gradually, then you have no choice but to leave that job immediately. If a person gives up something for the sake of Allaah, Allaah will compensate him with something better than it, as the Messenger (peace and blessings of Allaah be upon him) said.

Reference: http://islamqa.info/en/107144

The Grey Area (Hadith No. 1762)

Bismillah.

Volume 3, Book 34, Number 267:

Narrated An-Nu’man bin Bashir (radiallaahu `anhu):

The Prophet (sallallaahu `alayhi wasallam) said “Both legal and illegal things are obvious, and in between them are (suspicious) doubtful matters. So who-ever forsakes those doubtful things lest he may commit a sin, will definitely avoid what is clearly illegal; and who-ever indulges in these (suspicious) doubtful things bravely, is likely to commit what is clearly illegal. Sins are Allah’s Hima (i.e. private pasture) and whoever pastures (his sheep) near it, is likely to get in it at any moment.”

This Hadith has been mentioned before but Imaam Bukhari brings it again under the Book of Sales and Trade to make a point of the fact that our sharee`ah defines the halal and haram of business and trade very clearly. But then there are some things which are doubtful – whoever indulges in them knowingly, feeling sure of himself, will fall into sin. So it’s better to avoid the grey area and save yourself from sin.

Types of Fasts (Ahadith 1704 – 1720)

Bismillah.

Volume 3, Book 31, Number 209:

Narrated Um Al-Fadl bint Al-Harith (radiallaahu `anhu):

“While the people were with me on the day of ‘Arafat they differed as to whether the Prophet (sallallaahu `alayhi wasallam) was fasting or not; some said that he was fasting while others said that he was not fasting. So, I sent to him a bowl full of milk while he was riding over his camel and he drank it.”


Volume 3, Book 31, Number 210:

Narrated Maimuna (radiallaahu `anhaa):

The people doubted whether the Prophet (sallallaahu `alayhi wasallam) was fasting on the day of ‘Arafat or not, so I sent milk while he was standing at ‘Arafat, he drank it and the people were looking at him.


Volume 3, Book 31, Number 211:

Narrated Abu ‘Ubaid:

(the slave of Ibn Azhar) I witnessed the ‘Id with ‘Umar bin Al-Kattab (radiallaahu `anhu) who said, Allah’s Apostle (sallallaahu `alayhi wasallam) has forbidden people to fast on the day on which you break fasting (the fasts of Ramadan) and the day on which you eat the meat of your sacrifices (the first day of ‘Id ul Fitr and ‘Id ul-Adha).


Volume 3, Book 31, Number 212:

Narrated Abu Sa’id (radiallaahu `anhu):

The Prophet (sallallaahu `alayhi wasallamforbade the fasting of ‘Id-ul-Fitr and ‘Id-ul-Adha (two feast days) and also the wearing of As-Samma’ (a single garment covering the whole body), and sitting with one’s leg drawn up while being wrapped in one garment. He also forbade the prayers after the Fajr (morning) and the ‘Asr (afternoon) prayers.


Volume 3, Book 31, Number 213:

Narrated Abu Huraira (radiallaahu `anhu):

Two fasts and two kinds of sale are forbidden: fasting on the day of ‘Id ul Fitr and ‘Id-ul-Adha and the kinds of sale called Mulamasa and Munabadha. (These two kinds of sale used to be practiced in the days of Pre-lslamic period of ignorance; Mulamasa means when you touch something displayed for sale you have to buy it; Munabadha means when the seller throws something to you, you have to buy it.)


Volume 3, Book 31, Number 214:

Narrated Ziyad bin Jubair:

A man went to Ibn ‘Umar (radiallaahu `anhu) I. and said, “A man vowed to fast one day (the sub-narrator thinks that he said that the day was Monday), and that day happened to be ‘Id day.” Ibn ‘Umar (radiallaahu `anhu) said, “Allah orders vows to be fulfilled and the Prophet (sallallaahu `alayhi wasallam) forbade the fasting on this day (i.e. Id).”


Volume 3, Book 31, Number 215:

Narrated Abu Said Al-Khudri (radiallaahu `anhu):

(who fought in twelve Ghazawat in the company of the Prophet (sallallaahu `alayhi wasallam)). I heard four things from the Prophet (sallallaahu `alayhi wasallam) and they won my admiration. He said;

1. “No lady should travel on a journey of two days except with her husband or a Dhi-Mahram;

2. “No fasting is permissible on the two days of Id-ul-Fitr and ‘Id-ul-Adha;

3. “No prayer (may be offered) after the morning compulsory prayer until the sun rises; and no prayer after the ‘Asr prayer till the sun sets;

4. “One should travel only for visiting three Masajid (Mosques): Masjid-ul-Haram (Mecca), Masjid-ul-Aqsa (Jerusalem), and this (my) Mosque (at Medina).”


Volume 3, Book 31, Number 216:

Narrated ‘Aisha and Ibn ‘Umar (radiallaahu `anhu):

Nobody was allowed to fast on the days of Tashriq except those who could not afford the Hadi (Sacrifice).


Volume 3, Book 31, Number 217:

Narrated Ibn ‘Umar (radiallaahu `anhu):

Fasting for those who perform Hajj-at-Tamattu’ (in lieu of the Hadi which they cannot afford) may be performed up to the day of ‘Arafat. And if one does not get a Hadi and has not fasted (before the ‘Id) then one should fast of the days of Mina. (11, 12 and 13th of Dhul Hajja).


Volume 3, Book 31, Number 218:

Narrated Salim’s father:

The Prophet (sallallaahu `alayhi wasallam) said, “Whoever wishes may fast on the day of ‘Ashura’.”


Volume 3, Book 31, Number 219:

Narrated ‘Aisha (radiallaahu `anhaa):

Allah’s Apostle (sallallaahu `alayhi wasallam) ordered (the Muslims) to fast on the day of ‘Ashura’, and when fasting in the month of Ramadan was prescribed, it became optional for one to fast on that day (‘Ashura’) or not.


Volume 3, Book 31, Number 220:

Narrated Aisha (radiallaahu `anhaa):

Quraish used to fast on the day of ‘Ashura’ in the Pre-lslamic period, and Allah’s Apostle (sallallaahu `alayhi wasallam) too, used to fast on that day. When he came to Medina, he fasted on that day and ordered others to fast, too. Later when the fasting of the month of Ramadan was prescribed, he gave up fasting on the day of ‘Ashura’ and it became optional for one to fast on it or not.


Volume 3, Book 31, Number 221:

Narrated Humaid bin ‘Abdur Rahman:

That he heard Muawiya bin Abi Sufyan (radiallaahu `anhu) on the day of ‘Ashura’ during the year he performed the Hajj, saying on the pulpit, “O the people of Medina! Where are your Religious Scholars? I heard Allah’s Apostle (sallallaahu `alayhi wasallam) saying, ‘This is the day of ‘Ashura’. Allah has not enjoined its fasting on you but I am fasting it. You have the choice either to fast or not to fast (on this day).’ “


Volume 3, Book 31, Number 222:

Narrated Ibn ‘Abbas (radiallaahu `anhu):

The Prophet (sallallaahu `alayhi wasallam) came to Medina and saw the Jews fasting on the day of Ashura. He asked them about that. They replied, “This is a good day, the day on which Allah rescued Bani Israel from their enemy. So, Moses fasted this day.” The Prophet (sallallaahu `alayhi wasallam) said, “We have more claim over Moses than you.” So, the Prophet (sallallaahu `alayhi wasallam) fasted on that day and ordered (the Muslims) to fast (on that day).


Volume 3, Book 31, Number 223:

Narrated Abu Musa (radiallaahu `anhu):

The day of ‘Ashura’ was considered as ‘Id day by the Jews. So the Prophet (sallallaahu `alayhi wasallam) ordered, “I recommend you (Muslims) to fast on this day.”


Volume 3, Book 31, Number 224:

Narrated Ibn ‘Abbas (radiallaahu `anhu):

I never saw the Prophet (sallallaahu `alayhi wasallam) seeking to fast on a day more (preferable to him) than this day, the day of ‘Ashura’, or this month, i.e. the month of Ramadan.


Volume 3, Book 31, Number 225:

Narrated Salama bin Al-Akwa (radiallaahu `anhu):

The Prophet (sallallaahu `alayhi wasallam) ordered a man from the tribe of Bani Aslam to announce amongst the people that whoever had eaten should fast the rest of the day, and whoever had not eaten should continue his fast, as that day was the day of ‘Ashura’.

The categories of rulings are five: obligatory (waajib), forbidden (muharram), encouraged (mustahabb), disliked (makrooh) and permissible (mubaah).

1. Obligatory fasts

(i) The Ramadaan fast

(ii) Making up missed Ramadaan fasts

(iii) Expiatory fasts (expiation for accidental killing, expiation for zihaar (a form of jaahili divorce), expiation for having intercourse during the day in Ramadaan, and expiation for breaking an oath)

(iv) Fasting for the pilgrim who does tamattu’ in Hajj if he does not have a sacrificial animal. “and whosoever performs the ‘Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu‘ and Al-Qiraan), he must slaughter a Hady such as he can afford, but if he cannot afford it, he should observe Sawm (fasts) three days during the Hajj and seven days after his return (to his home)” [al-Baqarah 2:196 – interpretation of the meaning].

(v) Fasting in fulfilment of a vow

2. Mustahabb (encouraged) fasts

(i) Fasting the day of ‘Ashoora’

(ii) Fasting the day of ‘Arafah

(iii) Fasting on Mondays and Thursdays each week

(iv) Fasting three days of each month

(v) Fasting six days of Shawwaal

(vi) Fasting most of the month of Sha’baan

(vii) Fasting the month of Muharram

(viii) Fasting alternate days – which is the best of fasting

3. Makrooh (disliked) fasts

(i) Singling out Friday for fasting – because the Prophet (peace and blessings of Allaah be upon him) said: “Do not fast on a Friday unless you fast a day before or a day afterwards.” Agreed upon

(ii) Singling out Saturday for fasting – because the Messenger(peace and blessings of Allaah be upon him) said: “Do not fast on Saturdays apart from days when you are obliged to fast, even if one of you cannot find anything other than grape stalks or the bark of a tree (to suck on, to make sure that he is not fasting).” Narrated by al-Tirmidhi, 744, who classed it as hasan. Also narrated by Abu Dawood, 2421; Ibn Maajah, 1726; classed as saheeh by al-Albaani in Irwa’ al-Ghaleel, 960.

Al-Tirmidhi said: What is meant by its being makrooh is that a man should not single out Saturday for fasting because the Jews venerate Saturday. End quote.

4. Forbidden fasts

(i) Fasting on Eid al-Fitr, Eid al-Adha and the days of Tashreeq, which are the three days after Eid al-Adha.

(ii) Fasting on the “day of doubt” – which is the thirtieth of Sha’baan, if the sky was cloudy and the new moon could not be sighted. But if the sky was clear there can be no doubt.

(iii) Fasts observed by women who are menstruating and bleeding following childbirth.

5. Permissible fasts – these are fasts that do not come under any of the four headings mentioned above.

What is meant by permissible here is that there is no report enjoining or forbidding fasting on this day in particular, such as Tuesdays and Wednesdays, even though in principle, observing a voluntary fast is an act of worship that is encouraged.

See al-Mawsoo’ah al-Fiqhiyyah, 28/10-19; al-Sharh al-Mumti’, 6/457-483

Book of Fasting ends here.

Continual Fasting: Al-Wisaal (Ahadith 1677 – 1683)

Bismillah.

Volume 3, Book 31, Number 182:

Narrated Anas (radiallaahu `anhu):

The Prophet (sallallaahu `alayhi wasallam) said, “Do not practice Al-Wisal (fasting continuously without breaking one’s fast in the evening or eating before the following dawn).” The people said to the Prophet (sallallaahu `alayhi wasallam), “But you practice Al-Wisal?” The Prophet (sallallaahu `alayhi wasallam) replied, “I am not like any of you, for I am given food and drink (by Allah) during the night.”


Volume 3, Book 31, Number 183:

Narrated Abdullah bin Umar (radiallaahu `anhu):

Allah’s Apostle (sallallaahu `alayhi wasallam) forbade Al-Wisal. The people said (to him), “But you practice it?” He said, “I am not like you, for I am given food and drink by Allah.”


Volume 3, Book 31, Number 184:

‘Narrated Abu Sa’id (radiallaahu `anhu):

That he had heard the Prophet (sallallaahu `alayhi wasallam) saying, “Do not fast continuously (practise Al-Wisal), and if you intend to lengthen your fast, then carry it on only till the Suhur (before the following dawn).” The people said to him, “But you practice (Al-Wisal), O Allah’s Apostle (sallallaahu `alayhi wasallam)!” He replied, “I am not similar to you, for during my sleep I have One Who makes me eat and drink.”


Volume 3, Book 31, Number 185:

Narrated Aisha (radiallaahu `anhaa):

Allah’s Apostle (sallallaahu `alayhi wasallam) forbade Al-Wisal out of mercy to them. They said to him, “But you practice Al-Wisal?” He said, “I am not similar to you, for my Lord gives me food and drink. “


Volume 3, Book 31, Number 186:

Narrated Abu Huraira (radiallaahu `anhu):

Allah’s Apostle (sallallaahu `alayhi wasallam) forbade Al-Wisal in fasting. So, one of the Muslims said to him, “But you practice Al-Wisal. O Allah’s Apostle (sallallaahu `alayhi wasallam)!” The Prophet (sallallaahu `alayhi wasallam) replied, “Who amongst you is similar to me? I am given food and drink during my sleep by my Lord.” So, when the people refused to stop Al-Wisal (fasting continuously), the Prophet (sallallaahu `alayhi wasallam) fasted day and night continuously along with them for a day and then another day and then they saw the crescent moon (of the month of Shawwal). The Prophet (sallallaahu `alayhi wasallam) said to them (angrily), “If It (the crescent) had not appeared, I would have made you fast for a longer period.” That was as a punishment for them when they refused to stop (practising Al-Wisal).


Volume 3, Book 31, Number 187:

Narrated Abu Huraira (radiallaahu `anhu):

The Prophet (sallallaahu `alayhi wasallam) said twice, “(O you people) Be cautious! Do not practice Al-Wisal.” The people said to him, “But you practice Al-Wisal?” The Prophet (sallallaahu `alayhi wasallam) replied, “My Lord gives me food and drink during my sleep. Do that much of deeds which is within your ability.”


Volume 3, Book 31, Number 188:

Narrated Abu Said Al-Khudri (radiallaahu `anhu):

Allah’s Apostle (sallallaahu `alayhi wasallam) said, “Do not fast continuously day and night (practise Al-Wisal) and if anyone of you intends to fast continuously day and night, he should continue till the Suhur time.” They said, “But you practise Al-Wisal, O Allah’s Apostle (sallallaahu `alayhi wasallam)!” The Prophet (sallallaahu `alayhi wasallam) said, “I am not similar to you;. during my sleep I have One Who makes me eat and drink.”

Fasting continually means that a person fasts for two or more days without breaking the fast, i.e., the fast continues all night and the person does not eat or drink.

Ibn Qudaamah said in al-Mughni, 4/436:

Continual fasting is makrooh according to the majority of scholars.

Al-Nawawi said in al-Majmoo’, 6/357:

With regard to the ruling on continual fasting, it is makrooh, and there is no difference of opinion among us concerning that. But is it makrooh in the sense of being forbidden or makrooh in the sense of being disliked? There are two opinions concerning that … (the more correct of which) according to our companions and the apparent meaning of the statement of al-Shaafa’i is that it is makrooh in the sense of being forbidden.

Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’, 6/443:

It appears that the ruling with regard to continual fasting is that it is haraam.

And Allaah knows best.

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