The Beneficial Fundamentals in Tawheed, Fiqh & Aqeedah | Shaykh Yahya al-Hajooree

المبادئ المفيدة – للشيخ العلامة يحيى بن علي الحجوري حفظه الله https://archive.org/download/Al-MabaadiAl-Mufeedah/al-Mabaadi_al-Mufeedah.pdf New Edition 1437H http://www.sh-yahia.net/new_files/almbadee.pdf Al-Mabaadi al-Mufeedah (English Translation) https://archive.org/download/Al-MabaadiAl-Mufeedah/Basic-Principles-on-the-Subject-of-Tawheed-Fiqh-and-Aqeedah.pdf Malayalam translation: https://drive.google.com/file/d/0B3pcHLZ_Mga-WTBSZzRsdG9TNHM Advertisements

Obligations of a Widow | Shaykh ibn Baaz

A sister inquires about the obligations of a widow.

The Ahaadeeth clarify the prohibitions that should be observed by a widow during ‘Hidaad (prescribed mourning period during which a widow does not adorn herself and keeps to the home of her deceased husband). She is required to do five things:

First, she should remain in the house where she was living when her husband died until the end of her `Iddah (woman’s prescribed waiting period after divorce or widowhood), which lasts for four months and ten days [1], unless she is pregnant. In this case, her `Iddah comes to an end when she gives birth to her child, according to Allaah’s Statement سبحانه وتعالى,

وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ

And for those who are pregnant (whether they are divorced or their husbands are dead), their ‘Iddah (prescribed period) is until they deliver (their burdens)

Surah aţ-Ţalāq (The Divorce) – سورة الطلاق [65:4]

She should not leave this house [2] except in case of necessity, such as going to the hospital if she is ill, buying food from the market if there is no one to do this on her behalf, if the house is demolished, or if there is no one to stay with her and she is afraid to stay alone. There is no harm in going out in these cases of necessity.

Second, she should not wear beautiful clothes, whether they are yellow, green, or other bright colors. She is only to wear plain clothes, whether they are black, green, or any other color. What matters is that the clothes should not be attractive, according to the orders of the Prophet ﷺ.

Third, she should avoid wearing jewelry such as gold, silver, diamonds, pearls, and so on, whether in the form of necklaces, bracelets, rings, etc. until the end of the `Iddah.

Fourth, she should avoid wearing fragrances, whether incense or any other kind of scents, except at the end of her menstrual period; then, there is no harm in using some incense.

Fifth, she should avoid Kohl (antimony powder eyeliner) and other cosmetics or beautifiers that call attention to herself. However, there is no harm in using soap and water to wash herself.

These five things should be observed by a widow. [3]

However, the superstitions of some laypeople, such as a widow being not allowed to speak to anyone, talk on the telephone, wash only once a week, walk barefoot at home, go out in the moonlight, and so on are all baseless. She may walk barefoot or use footwear at home, she may cook for herself and her guests, she may walk in the moonlight whether on the roof or in the garden of her house, she may bathe whenever she wants. Also, she may talk to whomever she wishes, provided that the talk involves nothing suspicious, she may shake hands with women and Mahaarim (male relatives unlawful for marriage) but not anyone else, and she may remove her Khimaar (veil covering to the waist) if there is no one present who is not Mahram. However, she may not use henna (a plant that produces a reddish-orange dye), saffron, perfume on clothes, or aroma in coffee, because saffron is a kind of perfume. It is also impermissible for her to entertain marriage proposals, but there is nothing wrong in indirect hints. As for explicit engagement proposals, they are not allowed. May Allaah grant us success.

[http://www.alifta.com/Fatawa/FatawaSubjects.aspx?languagename=en&View=Page&HajjEntryID=0&HajjEntryName=&RamadanEntryID=0&RamadanEntryName=&NodeID=2613&PageID=4369&SectionID=14&SubjectPageTitlesID=27110&MarkIndex=2&0#Abouttheobligationsofawidow]

Editor’s notes:

[1] As Allaah سبحانه وتعالى states in the Qur’aan,

وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا

And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days

Surah al-Baqarah (The Cow) -[سورة البقرة [2:234

[2] As comes in the following Hadeeth:

زَيْنَبَ بِنْتِ كَعْبِ بْنِ عُجْرَةَ أَنَّ الْفُرَيْعَةَ بِنْتَ مَالِكِ بْنِ سِنَانٍ، وَهِيَ أُخْتُ أَبِي سَعِيدٍ الْخُدْرِيِّ أَخْبَرَتْهَا أَنَّهَا، جَاءَتْ رَسُولَ اللَّهِ صلى الله عليه وسلم تَسْأَلُهُ أَنْ تَرْجِعَ إِلَى أَهْلِهَا فِي بَنِي خُدْرَةَ وَأَنَّ زَوْجَهَا خَرَجَ فِي طَلَبِ أَعْبُدٍ لَهُ أَبَقُوا حَتَّى إِذَا كَانَ بِطَرَفِ الْقَدُومِ لَحِقَهُمْ فَقَتَلُوهُ ‏.‏ قَالَتْ فَسَأَلْتُ رَسُولَ اللَّهِ صلى الله عليه وسلم أَنْ أَرْجِعَ إِلَى أَهْلِي فَإِنَّ زَوْجِي لَمْ يَتْرُكْ لِي مَسْكَنًا يَمْلِكُهُ وَلاَ نَفَقَةً ‏.‏ قَالَتْ فَقَالَ رَسُولُ اللَّهِ صلى الله عليه وسلم ‏”‏ نَعَمْ ‏”‏ ‏.‏ قَالَتْ فَانْصَرَفْتُ حَتَّى إِذَا كُنْتُ فِي الْحُجْرَةِ أَوْ فِي الْمَسْجِدِ نَادَانِي رَسُولُ اللَّهِ صلى الله عليه وسلم أَوْ أَمَرَ بِي فَنُودِيتُ لَهُ فَقَالَ ‏”‏ كَيْفَ قُلْتِ ‏”‏ ‏.‏ قَالَتْ فَرَدَدْتُ عَلَيْهِ الْقِصَّةَ الَّتِي ذَكَرْتُ لَهُ مِنْ شَأْنِ زَوْجِي قَالَ ‏”‏ امْكُثِي فِي بَيْتِكِ حَتَّى يَبْلُغَ الْكِتَابُ أَجَلَهُ ‏”

Zaynab bint Ka’b ibn ‘Ujrah reported that al-Furay’ah bint Maalik ibn Sinaan, the sister of Abu Sa’eed al-Khudri, told her that she came to the Messenger of Allaah ﷺ and asked him whether she should go back to her people among Banu Khudrah. Her husband had gone out in pursuit of some rebellious slaves of his, and when he caught up with them at the edge of al-Qadoom, they killed him. She said: “I asked the Messenger of Allaah ﷺ whether I should go back to my family, because my husband had not left me a place to live that belonged to him, or any money for provisions. The Messenger of Allaah ﷺ said yes, so I started to leave, and I had reached the hujurah (room) or the Masjid, when the Messenger of Allaah ﷺ called me or told someone to call me. So I came back, and he asked me, ‘What did you say?’ I repeated the story I had told him about my husband. He said: ‘Stay in your house for the specified length of time.’ So I spent my ‘iddah there, four months and ten days.

Jami` at-Tirmidhi 1204

[3] Umm ‘Atiyyah reported that the Messenger of Allaah ﷺ said:

  لاَ تُحِدُّ امْرَأَةٌ عَلَى مَيِّتٍ فَوْقَ ثَلاَثٍ إِلاَّ عَلَى زَوْجٍ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا وَلاَ تَلْبَسُ ثَوْبًا مَصْبُوغًا إِلاَّ ثَوْبَ عَصْبٍ وَلاَ تَكْتَحِلُ وَلاَ تَمَسُّ طِيبًا إِلاَّ إِذَا طَهُرَتْ نُبْذَةً مِنْ قُسْطٍ أَوْ أَظْفَارٍ ‏

“A woman must not observe mourning for one who had died for more than three (days) except for four months and ten days in the case of her husband. And she must not wear a dyed (colored) garment except one of ‘Asb (type of garment made of dyed yarn), or apply Kohl (in her eyes), or touch perfume except a little Qust or Azfaar (types of perfumes), when she has been purified (after her courses).”

Saheeh Muslim 938 c

Prohibition of Shighaar in Islaam | Shaykh ibn Baaz

I am interested to get married to my female cousin and she too is interested whilst on the other hand my male cousin is interested to get married to my sister and likewise the same for her. This is based upon the fact that the guardians of each family are pleased with it, (I mean both parents). The point is that all members from both sides are completely pleased with it and there are no conditions between us. Also, we acknowledge that the marriage of “Shighâr” is haraam. However, what we request from you O’ Noble Sheikh, (may Allaah preserve you), is that you direct us to a safe and upright way (in performing the marriage), in order that the marriage be valid, so that we will be safe from falling into the marriage of “Shighâr” and from falling into sin and unlawful acts. Also, is it necessary that each one of the spouses gives more (dowry) than the other?

In The Name of Allaah, The Most Beneficent, The Most Merciful,  All praise is due to Allaah and may the peace and blessings of Allaah be upon the Messenger of Allaah and upon his family, his companions and upon those who follow his guidance.

To proceed, The marriage of “Shighâr” is as he mentioned that it is NOT permissible whereas the Prophet ﷺ, prohibited it. And it (i.e. the marriage of “Shighâr“) is to say to another “marry me off your daughter and I will marry you off my daughter” or “marry me off your sister and I will marry you off my sister” or of that sort. This is considered the marriage of “Shighâr” as it is upon preset conditions from both sides. [1]
If it occurs without preset conditions from both sides (while they are all pleased with it) and there are NO PRESET CONDITIONS, whereas this one is pleased and the other is pleased and the woman is pleased then it is okay and this is not considered “Shighâr“. It is so, because “Shighâr” is to have preset conditions between them that is: ‘I do not marry you off up until you marry me off’ and as for if each one of them is interested in the marriage of the other even if the other one doesn’t get married whereas he marries his sister to him and the other didn’t marry the other to his sister. Likewise, pertaining to the daughters, being that they made an agreement without any preset conditions whereas he marries his sister to him and the other marries him to his sister or his daughter while both sides are pleased with it and this is not considered “Shighâr” and it doesn’t matter if they aren’t equal (in the dowry given). So, whether the dowries are the same or not, it doesn’t harm (i.e. the contract of the marriage).”

[http://www.binbaz.org.sa/mat/12268]

Translated by AbuFajr AbdulFattaah bin Uthman & Edited by Umm Hasna

[http://ummhasna.blogspot.com/2015/01/the-marriage-of-shighaar-is-haraam-in.html]

Footnote:
[1] As has been reported in the following Hadeeth:

حَدَّثَنَا عَبْدُ اللَّهِ بْنُ يُوسُفَ، أَخْبَرَنَا مَالِكٌ، عَنْ نَافِعٍ، عَنِ ابْنِ عُمَرَ ـ رضى الله عنهما ـ أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم نَهَى عَنِ الشِّغَارِ، وَالشِّغَارُ أَنْ يُزَوِّجَ الرَّجُلُ ابْنَتَهُ عَلَى أَنْ يُزَوِّجَهُ الآخَرُ ابْنَتَهُ، لَيْسَ بَيْنَهُمَا صَدَاقٌ‏.‏

Narrated ibn `Umar: Allah’s Messenger ﷺ forbade ash-Shighar, which means that somebody marries his daughter to somebody else, and the latter marries his daughter to the former without paying Mahr.

Agreed Upon [Source]

Muslim woman’s marriage to a disbeliever | Shaykh ibn Baaz

A man married a Muslim woman then it became apparent that the man was a kaafir (disbeliever). What is the ruling on that?

A: If it is proven that the man mentioned was a kaafir at the time of the marriage contract and the woman was Muslim, then the marriage contract is invalid because it is not permissible, according to the consensus of the Muslims, for a kaafir to marry a Muslim woman, because Allah, may He be glorified, says:

وَلَا تُنْكِحُوا الْمُشْرِكِينَ حَتَّى يُؤْمِنُوا

And give not (your daughters) in marriage to Al-Mushrikun till they believe (in Allah Alone)

[Surah al-Baqarah 2:221]

and He says, Exalted be He,

فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَاتٍ فَلَا تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لَا هُنَّ حِلٌّ لَهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ

Then if you ascertain that they are true believers, send them not back to the disbelievers, they are not lawful (wives) for the disbelievers nor are the disbelievers lawful (husbands) for them

[Surah al-Mumtahanah 60:10]

Fataawa Islamiyyah, 3/230

[http://shamela.ws/browse.php/book-1708/page-1043]

Ruling on the advocates of principles of socialism and communism | Shaykh ibn Baaz

What is the ruling on those who call for application of socialist and communist principles and fight the rulings of Islam? What is the ruling on a person who helps such people in their demands, criticizes those who call for the application of Islamic law, speaks ill of them and slanders them? Is it permissible to allow those people to be Imams and Khateebs in Masjids?

A: All praise be to Allaah, and peace and blessings be upon the Messenger of Allah, his family, his Companions, and those who follow his guidance. There can be no doubt that Muslim rulers must judge according to Shari`ah in all affairs. Moreover, they have to fight any other laws that oppose Shari`ah (Islamic law). This is indisputable and unanimously agreed upon by all Muslim scholars. There are many pieces of evidence on this from the Glorious Qur’an and the Prophetic Sunnah that are known by scholars, including the Aayah:

فَلا وَرَبِّكَ لاَ يُؤْمِنُونَ حَتَّى يُحَكِّمُوكَ فِيمَا شَجَرَ بَيْنَهُمْ ثُمَّ لاَ يَجِدُوا فِي أَنْفُسِهِمْ حَرَجًا مِمَّا قَضَيْتَ وَيُسَلِّمُوا تَسْلِيمًا

But no, by your Lord, they can have no Faith, until they make you (O Muhammad ﷺ) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission.

[ Surah Al-Nisa’, 4: 65]

Allah (Exalted be He) also says:

يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الأَمْرِ مِنْكُمْ فَإِنْ تَنَازَعْتُمْ فِي شَيْءٍ فَرُدُّوهُ إِلَى اللَّهِ وَالرَّسُولِ إِنْ كُنْتُمْ تُؤْمِنُونَ بِاللَّهِ وَالْيَوْمِ الآخِرِ ذَلِكَ خَيْرٌ وَأَحْسَنُ تَأْوِيلا

O you who believe! Obey Allâh and obey the Messenger (Muhammad ﷺ), and those of you (Muslims) who are in authority. (And) if you differ in anything amongst yourselves, refer it to Allâh and His Messenger (ﷺ), if you believe in Allâh and in the Last Day. That is better and more suitable for final determination.

[Surah Al-Nisa’, 4: 59]

Allah (Glorified be He) also says:

وَمَا اخْتَلَفْتُمْ فِيهِ مِنْ شَيْءٍ فَحُكْمُهُ إِلَى اللَّهِ

And in whatsoever you differ, the decision thereof is with Allâh (He is the ruling Judge).

[Surah Al-Shura, 42: 10]

He (Glorified be He) also says:

أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِقَوْمٍ يُوقِنُونَ

Do they then seek the judgement of (the days of) Ignorance? And who is better in judgement than Allâh for a people who have firm Faith.

[Surah Al-Ma’idah, 5: 50]

He (Exalted be He) also says:

وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْـزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْكَافِرُونَ

And whosoever does not judge by what Allâh has revealed, such are the Kâfirûn (i.e. disbelievers of a lesser degree as they do not act on Allâh’s Laws).

[Surah Al-Ma’idah, 5: 44]

وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْـزَلَ اللَّهُ فَأُولَئِكَ هُمُ الظَّالِمُونَ

And whosoever does not judge by that which Allâh has revealed, such are the Zâlimûn (polytheists and wrong-doers – of a lesser degree).

[Surah Al-Ma’idah, 5: 45]

 وَمَنْ لَمْ يَحْكُمْ بِمَا أَنْـزَلَ اللَّهُ فَأُولَئِكَ هُمُ الْفَاسِقُونَ

And whosoever does not judge by what Allâh has revealed (then) such (people) are the Fâsiqûn [the rebellious i.e. disobedient (of a lesser degree) to Allâh].

[Surah Al-Ma’idah, 5: 47]

There are many Ayahs to this effect.

Muslim scholars unanimously agreed that whoever claims that there is a judgment better than that of Allah or there is a guidance better than that of the Prophet (peace be upon him) is a Kaafir (disbeliever). Similarly, they unanimously agreed that whoever claims that it is permissible for a Muslim to act upon laws other than the Shari`ah revealed to Muhammad (peace be upon him) is a misleading Kaafir.

Through the Qur’anic evidence and consensus of Muslim scholars that we have mentioned, the questioner and other Muslims can realize the fact that whoever calls for socialism, communism, or any other destructive ideology that opposes the laws of Islam is a misleading Kaafir. Their Kufr is even worse than that of the Jews and the Christians, because they are deemed as atheists who have no faith in Allah or the Day of Resurrection. It is not permissible to allow such people to work as preachers and Imaams in Masjids or for Muslims to offer prayers led by them. Moreover, whoever helps such misleading people by praising their stance, or slanders and speaks ill of those calling for applying Shari`ah is a misleading Kaafir and falls under the same ruling as the disbelieving sect they follow and support. Muslim scholars unanimously agreed that whoever supports Kuffaar against Muslims in any way is regarded as a Kaafir just like them. This is because Allah (Glorified be He) says:

 يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تَتَّخِذُوا الْيَهُودَ وَالنَّصَارَى أَوْلِيَاءَ بَعْضُهُمْ أَوْلِيَاءُ بَعْضٍ وَمَنْ يَتَوَلَّهُمْ مِنْكُمْ فَإِنَّهُ مِنْهُمْ إِنَّ اللَّهَ لاَ يَهْدِي الْقَوْمَ الظَّالِمِينَ  

O you who believe! Take not the Jews and the Christians as Auliyâ’ (friends, protectors, helpers), they are but Auliyâ’ of each other. And if any amongst you takes them (as Auliyâ’), then surely he is one of them. Verily, Allâh guides not those people who are the Zâlimûn (polytheists and wrong-doers and unjust).

[Surah Al-Ma’idah, 5: 51]

Allah (Glorified be He) also says:

يَا أَيُّهَا الَّذِينَ آمَنُوا لاَ تَتَّخِذُوا آبَاءَكُمْ وَإِخْوَانَكُمْ أَوْلِيَاءَ إِنِ اسْتَحَبُّوا الْكُفْرَ عَلَى الإِيمَانِ وَمَنْ يَتَوَلَّهُمْ مِنْكُمْ فَأُولَئِكَ هُمُ الظَّالِمُونَ

O you who believe! Take not as Auliyâ’ (supporters and helpers) your fathers and your brothers if they prefer disbelief to Belief. And whoever of you does so, then he is one of the Zâlimûn (wrong-doers).

[Surah At-Tawbah, 9: 23]

I hope what we have mentioned above is sufficient to those seeking the truth. Allah says the truth and guides to the right path. We ask Allah (Glorified be He) to settle the Muslim affairs and unite them. May Allah destroy and disunite the enemies of Islam, and protect Muslims from their evil. Indeed, Allah is Able to do all things.

May Allah’s Peace and Blessings be upon His servant and Messenger Muhammad, his family and Companions.

[http://alifta.net/Fatawa/FatawaChapters.aspx?languagename=en&View=Page&PageID=50&PageNo=1&BookID=14]

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