He is not sure whether his sleep was deep or not; is his wudoo' invalid?

I read the answer number 36889 and knew that deep sleep invalidates the wudu’. Sometimes I sleep in the train or in the car and I can’t be sure if my sleep was deep or not. In this case is my wudu’ considered invalid?.

Praise be to Allaah.

If a Muslim does wudoo’, this wudoo' cannot be ruled invalid unless there is certainty that what invalidates wudoo' has occurred. Mere uncertainty -- even if this uncertainty is strong – does not mean that wudoo' is invalidated. 

Al-Bukhaari (137) and Muslim (361) narrated that a complaint was made to the Prophet (blessings and peace of Allah be upon him) about when one thinks that something has happened whilst he praying. He said: “Do not stop until you hear a sound or notice a smell.” 

Al-Nawawi (may Allah have mercy on him) said in Sharh Saheeh Muslim: 

The words of the Prophet (blessings and peace of Allah be upon him), “until you hear a sound or notice a smell” mean: until it is known that one of them is present; hearing and smelling are not conditions of wudoo’ being ruled invalid according to the consensus of the Muslims. 

This hadeeth is one of the basic matters of Islam and an important principle of fiqh, which is that things are ruled to remain as is until there is certainty to the contrary, and mere doubt does not affect them. An example of that is the issue in the chapter in which this hadeeth is narrated, namely: If a person is certain that he is in a state of purity and is uncertain as to whether it has been broken, then he is regarded as still being in a state of purity, and it makes no difference whether this uncertainty arises during the prayer or outside of prayer. This is our opinion and the opinion of the majority of scholars, both earlier and later. 

Our companion said: There is no difference between a case where his uncertainty is fifty-fifty and a case where he thinks that one or the other is more likely. He does not have to do wudoo' in either case. End quote. 

If he is uncertain as to whether his sleep was deep or not, then his wudoo’ is not invalidated thereby. 

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said in Majmoo’ al-Fataawa, 21/394:  

The kind of sleep in which a person is uncertain as to whether he broke wind or not does not invalidate wudoo’, because purity is established and certain, and cannot be removed by uncertainty. End quote. 

And Allah knows best.

Emission of wind from a woman’s front passage does not invalidate wudoo’

Does emission of wind from a woman’s front passage invalidate wudoo’?.

Praise be to Allaah.

This does not invalidate wudoo’, because it is not coming from a site of najaasah (impurity) like the wind that comes from the back passage. End quote. 

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him). 

Fataawa Ibn ‘Uthaymeen (4/147). 

We have previously quoted the fatwa of the Standing Committee for Issuing Fatwas concerning that, in the answer to question no. 2175. 

And Allaah knows best.

He found madhiy on his clothes after he had offered several prayers

I found traces of madhiy on my underwear after I had prayed Fajr, Zuhr and ‘Asr. I changed my underwear before praying Maghrib. Are the prayers that I offered invalid?.

Praise be to Allaah.

Firstly: 

Madhiy is a thin fluid that is usually emitted when desire is provoked. It is naajis and invalidates wudoo’, but its najaasah is light and in order to purify oneself it is sufficient to wash the private part and sprinkle water on one’s clothes. 

See the answer to question no. 2458. 

Secondly: 

Your prayers, Fajr, Zuhr and ‘Asr, are valid in sha Allaah, and you do not have to repeat them. 

That is for two reasons: 

1.

You are not certain when the madhiy was emitted, so there is the possibility that it was emitted after ‘Asr prayer. In the event of this uncertainty, the basic principle is that the prayers that were done previously are valid. The basic principle according to the scholars in this case is that if uncertainty arises after finishing an act of worship – was it valid or not? – no attention should be paid to this uncertainty and the Muslim should proceed on the basis of this principle, which is that an act of worship remains valid until one is certain that it has been invalidated. 

2.

If a person prays in a state of impurity because he was unaware of its presence, or he was aware but then forgot, his prayer is valid according to the correct opinion. Al-Nawawi (may Allaah have mercy on him) attributed this view to the majority of scholars, and favoured this view. Al-Majmoo’ (1/163). 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: The words “or forgot it” mean that he forgot that the najaasah (impurity) had gotten onto him, and he did not remember it until after he had said the salaam. He has to repeat the prayer according to the author’s view, because he annulled one of the conditions of prayer, which is avoidance of impurity, so it is as if he prayed having broken his wudoo’ and having forgotten that he had done so. 

This is also like one who forgot to wash it off. 

The more correct view in all these cases is that he does not have to repeat it, whether he forgot it, or he forgot to wash it, or he was unaware that it had gotten onto him, or he was unaware that it was an impurity, or he was unaware of the ruling on it, or he was unaware that it happened before the prayer, or after the prayer. 

The evidence for that is the important general principle that Allaah set out for His slaves, as in the verse (interpretation of the meaning): 

“Allaah burdens not a person beyond his scope. He gets reward for that (good) which he has earned, and he is punished for that (evil) which he has earned. ‘Our Lord! Punish us not if we forget or fall into error…’”

[al-Baqarah 2:286]. 

This man who did this haraam thing was ignorant or forgetful, and Allaah has relieved him of blame, so there is nothing left to be required of him. 

There is specific evidence concerning this issue, which is that when the Messenger of Allaah (peace and blessings of Allaah be upon him) prayed wearing shoes on which there was some dirt, and Jibreel told him about that, he did not interrupt his prayer and start over. As this did not invalidate the first part of his prayer, it did not invalidate the rest of the prayer either. End quote from al-Sharh al-Mumti’ (2/232). 

And Allaah knows best.

He experiences waswaas about tahaarah

When I experience waswaas (whispers from the Shaytaan) about wudoo’, I tell myself that I have wudoo’ and that there is some uncertainty as to whether I have broken it or not. I tell myself: “Can I swear that my wudoo’ has been invalidated? No I cannot.” 
Is what I am doing correct or not?.

Praise be to Allaah.

The one who is tested with waswaas about tahaarah (state of purity) or anything else should pay no attention to it; he should remain certain that his tahaarah is still valid and should not change his mind concerning that because of mere doubt. 

It was narrated that ‘Abdullah ibn Zayd (may Allah be pleased with him) said: A man complained to the Prophet (blessings and peace of Allah be upon him) that he felt something whilst praying -- should he stop his prayer? He said: “No, not unless you hear a sound or notice a smell.”

Narrated by al-Bukhaari, 2056; Muslim, 361 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: 

This hadeeth in which the Messenger of Allah (blessings and peace of Allah be upon him) issued a ruling is regarded as an important shar‘i principle, which is that certainty cannot be dispelled by doubt, and things remain as they are. So long as the tahaarah (state of purity) is certain, then it cannot be changed by mere doubt. So long as the state of purity remains valid then it is to be regarded as valid until it is proven that it has been invalidated. This hadeeth offers ease and reassurance to the individual, as it keeps him far away from waswaas and doubts, because by means of this hadeeth doubt is dispelled and what he is certain about remains, namely tahaarah. End quote. 

Fataawa Noor ‘ala ad-Darb, 56/119 

Shaykh Ibn Baaz (may Allah have mercy on him) said: 

The believer should not pay any attention to this waswaas, because that encourages the Shaytaan to mess about with him. The Shaytaan is keen to spoil the good deeds of the sons of Adam, prayer and other things. So what is required is to beware of his tricks and whispers, and to put your trust in Allah and regard what may happen to one of whispers as being from the Shaytaan, so that you will not pay any attention to them. If something comes out for certain, without any doubt, then istinja’ (cleaning oneself after relieving oneself) and wudoo’ should be repeated. But so long as there is any doubt, even if it is small, then you should not pay any attention to it so as to regard the tahaarah as still valid and combat the Shaytaan. End quote. 

Majmoo‘ Fataawa Ibn Baaz, 10/123 

With regard to the words of Ibn al-Mubaarak, Abu ‘Eesa at-Tirmidhi (may Allah have mercy on him) said in his Jaami‘ (1/127): 

‘Abdullah ibn al-Mubaarak said: If a person is uncertain as to whether he has broken his wudoo’, then he does not have to do wudoo’ until he is so certain of it that he could swear to it. End quote. 

This is an explanation of what is stated above, which is that no attention should be paid to doubts no matter how strong they are, until one is certain of that. 

For more information please see the answer to question no. 13892 and128887. 

And Allah knows best.

If a few drops of water fall on a person after completing istinja’, that does not affect tahaarah

Often times, when I do instinjah, I feel like the water is spilling back on me. What is the ruling on the water that spills on one who uses a modern toilet, when washing oneself. Is the water from the toilet that spills after one releived oneself najis? how to deal with that?.

Praise be to Allaah.

With regard to all religious matters, the Muslim should not pay attention to whatever may happen to him of whispers from the Shaytaan. He has to purify himself as he has been commanded and pray as he has been commanded, and he should not pay any attention to any whispers that the Shaytaan may present to him, aiming to trick him and make him dislike worship and have doubts about it. 

These drops that fall from behind after cleaning oneself with water (istinja’) are just the leftovers of the istinja’ water that drip from the body. So you should not pay any attention to that. Go ahead and pray, for the certainty of having purified oneself cannot be cancelled out by mere doubt. This in fact is a kind of waswaas (whisper from the Shaytaan) that must be warded off and given no attention. Al-Bukhaari (2056) and Muslim (361) narrated that ‘Abd-Allah ibn Zayd (may Allah be pleased with him) said: A complaint was made to the Prophet (blessings and peace of Allah be upon him) about when a man thinks that something has happened whilst he is praying. He said: “Do not stop until you hear a sound or notice a smell.” 

Al-Nawawi (may Allah have mercy on him) said: 

This hadeeth represents one of the basic principles of Islam and one of the most important foundations of fiqh, which is that things are judged to remain as they originally were until there is certainty to the contrary, and fleeting doubts do not affect them. End quote. 

Sharh al-Nawawi ‘ala Muslim, 4/49 

Shaykh al-Islam (may Allah have mercy on him) was asked: What if a person does wudoo’ and starts to pray, then feels a drip during his prayer: is his prayer invalidated or not? 

He replied: Merely feeling something does not invalidate wudoo’ and it is not permissible for him to stop an obligatory prayer because of a mere doubt. But if he becomes certain that urine has escaped to the exterior of the private part, then his wudoo’ is invalidated and he has to clean himself with water (istinja’), unless he suffers from urinary incontinence, in which case that does not invalidate his prayer if he has done what he is enjoined to do. 

End quote. Majmoo‘ al-Fataawa, 21/219-220 

Shaykh Ibn Baaz (may Allah have mercy on him) said: 

The believer should not pay any attention to this whisper, because that will prompt the Shaytaan to make him doubt more, and the Shaytaan is keen to spoil the deeds of the sons of Adam, such as prayer and other things. So it is essential to beware of his plots and whispers, and put one’s trust in Allah and assume that whatever may happen to him of whispers are from the Shaytaan, so that he will not pay attention to it. But if something comes out of him for certain, and there is no doubt, he should clean himself again and do wudoo’. But if there is still some doubt, even if it is a little, then he should not pay any attention to that, so he should continue to believe that his wudoo’ is valid and continue to fight the Shaytaan. End quote. 

Majmoo‘ Fataawa Ibn Baaz, 10.123 

And Allah knows best.

When can a menstruating woman fast?

My monthly period usually lasts between seven and eight days. Sometimes on the seventh day I do not see any blood, nor any sign that the period is over. What is the ruling on praying, fasting and having intercourse in this case?

Praise be to Allaah. 

Do not hasten until you see the white discharge which women recognize and which is the sign that the period is over. The fact that the bleeding has stopped does not mean that the period is over. When you see the sign that the period is over, and the usual number of days has passed, then the period is over.

In America there is a mosque which consists of three levels or floors. The top floor is the women’s prayer hall, the floor beneath it is the main prayer hall, and the floor beneath that is a kind of basement, in which there are washrooms, a room for Islamic magazines and publications, and classrooms for women; there is also an extra place for women to pray. Is it permissible for menstruating women to enter this lower level? Also, there are pillars in the mosque which interrupt the rows of worshippers, splitting a row into two halves. Does this break the row or not? Praise be to Allaah. If the building you describe was intended as a mosque, and the people on the higher and lower floors can hear the voice of the Imaam, then the prayer of all of them is valid. In this case it is not permissible for menstruating women to sit in the place that is prepared for prayer in the lower level, because it is part of the mosque. The Prophet (peace and blessings of Allaah be upon him) said: “I do not make the mosque permissible for menstruating women and those in a state of ritual impurity.” As for a menstruating woman passing through the mosque for some purpose, as long as she takes care to ensure that no blood leaks, then there is nothing wrong with this, because Allâh says (interpretation of the meaning): “… Approach not As-Salaah (the prayer)… when you are in a state of Janaabah (i.e., when you are in a state of sexual impurity and have not yet taken a bath) except when travelling on the road (without enough water, or when passing through a mosque)…” [al-Nisa’ 4:43] And it was reported that the Prophet SAWS (peace and blessings of Allaah be upon him) told ‘Aa’ishah to fetch his prayer rug from the mosque, and she said that she was menstruating. He SAWS (peace and blessings of Allaah be upon him) told her: “Your menstruation is not in your hand.” But if it was not the intention of those who established this mosque that the lower floor was to be part of the mosque, but it was to be a storeroom or to serve some other purpose, as mentioned in the question, then it does not come under the rulings governing mosques. It is permissible for menstruating woman and those who are in a state of impurity to sit there. There is nothing wrong with praying there in the places that are pure (taahir) and are not part of the washrooms, as it is permissible to pray in all clean places where there is no shar’i reason not to pray. But anyone who prays there cannot be considered to be following the imaam who is praying on the upper floor, if he cannot see him or any of the people who are praying behind him, and because this is not a part of the mosque, according to the more correct scholarly opinion. With regard to the pillars which interrupt the rows, they do not adversely affect the prayer, but if it is possible to form the rows in front of or behind the pillars so that the row will not be interrupted, this is better. And Allaah is the source of strength.

I am living in Oman, where women follow a practice of remaining in the house for 40 days following the birth of a child. I have asked several people about this. Most people do not seem to know if it is sunnah or not. If it is, I would like to try to follow the practice (I am in the 9th month of my 4th pregnancy).  However, I have also been told it is a bid'ah practice and therefore I should avoid it.  In sha' Allah, please try to clear up this issue, which I have been researching for almost 6 years!

Praise be to Allaah.

Forty days is the longest period that the woman in nifaas can refrain from praying and fasting, so long as blood is still flowing. After that, she should do ghusl and pray, and consider herself to be in a state of istihaadah (irregular vaginal bleeding which is neither menstruation nor nifaas) if the bleeding does not stop. Umm Salamah (may Allaah be pleased with her) said: “At the time of the Messenger of Allaah SAWS (peace and blessings of Allaah be upon him), the woman in nifaas would sit (i.e., refrain from praying and fasting) for forty days…” (Narrated by al-Tirmidhi). For more details on this topic see Question #319. 

With regard to the belief that a woman has to stay in her house for forty days after giving birth and not go out, this is a mistaken belief and women do not have to do this. It is permissible for them to go out during these forty days to any place she wants, so long as she fulfils the shar’i conditions (i.e., hijaab etc.) 

Ruling on a menstruating woman entering rooms etc. attached to the mosque

In America there is a mosque which consists of three levels or floors. The top floor is the women’s prayer hall, the floor beneath it is the main prayer hall, and the floor beneath that is a kind of basement, in which there are washrooms, a room for Islamic magazines and publications, and classrooms for women; there is also an extra place for women to pray.
Is it permissible for menstruating women to enter this lower level?
Also, there are pillars in the mosque which interrupt the rows of worshippers, splitting a row into two halves. Does this break the row or not?

Praise be to Allaah.

If the building you describe was intended as a mosque, and the people on the higher and lower floors can hear the voice of the Imaam, then the prayer of all of them is valid. In this case it is not permissible for menstruating women to sit in the place that is prepared for prayer in the lower level, because it is part of the mosque. The Prophet (peace and blessings of Allaah be upon him) said:

“I do not make the mosque permissible for menstruating women and those in a state of ritual impurity.”

As for a menstruating woman passing through the mosque for some purpose, as long as she takes care to ensure that no blood leaks, then there is nothing wrong with this, because Allâh says (interpretation of the meaning):

“… Approach not As-Salaah (the prayer)… when you are in a state of Janaabah (i.e., when you are in a state of sexual impurity and have not yet taken a bath) except when travelling on the road (without enough water, or when passing through a mosque)…” [al-Nisa’ 4:43]

And it was reported that the Prophet SAWS (peace and blessings of Allaah be upon him) told ‘Aa’ishah to fetch his prayer rug from the mosque, and she said that she was menstruating. He SAWS (peace and blessings of Allaah be upon him) told her: “Your menstruation is not in your hand.”

But if it was not the intention of those who established this mosque that the lower floor was to be part of the mosque, but it was to be a storeroom or to serve some other purpose, as mentioned in the question, then it does not come under the rulings governing mosques. It is permissible for menstruating woman and those who are in a state of impurity to sit there. There is nothing wrong with praying there in the places that are pure (taahir) and are not part of the washrooms, as it is permissible to pray in all clean places where there is no shar’i reason not to pray. But anyone who prays there cannot be considered to be following the imaam who is praying on the upper floor, if he cannot see him or any of the people who are praying behind him, and because this is not a part of the mosque, according to the more correct scholarly opinion.

With regard to the pillars which interrupt the rows, they do not adversely affect the prayer, but if it is possible to form the rows in front of or behind the pillars so that the row will not be interrupted, this is better. And Allaah is the source of strength.

Should a menstruating woman do ghusl after sexual contact?

Assalam'alaicum wa rahmatullahi wa barakatuh
If I give sexual pleasure to my husband while I have my menses, do I need to take a ritual bath to purify myself even if I don't pray (because of my menses)?

Praise be to Allaah.

A menstruating woman does not need to do ghusl after having sexual contact, because her impurity lasts as long as the blood is flowing, and it does not stop until her bleeding stops and she does ghusl. While she is menstruating, her husband is not permitted to have intercourse in the vagina, because of the aayah (interpretation if the meaning): “They ask you concerning menstruation. Say: That is an adha (a harmful thing for a husband to have sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses and go not unto them until they have purified (from menses and taken a bath)…” [al-Baqarah 2:222]. The husband may enjoy (sexual activity) other than intercourse, because of the hadeeth of Anas (may Allaah be pleased with him) who said that among the Jews, when a woman had her menses they would not eat with her or stay in the same house with her. The Companions of the Prophet (peace and blessings of Allaah be upon him) asked him about this, and Allaah revealed the aayah, “They ask you concerning menstruation. Say: That is an adha (a harmful thing for a husband to have sexual intercourse with his wife while she is having her menses), therefore keep away from women during menses…” [al-Baqarah 2:222]. The Messenger of Allaah (peace and blessings of Allaah be upon him) said, “Do everything except have intercourse.” News of this reached the Jews, and they said, “What does this man want? He doesn’t leave anything of ours alone without saying something different!” (Reported by Muslim, 455). And Allaah knows best. 

She continued to bleed after she gave birth so she did not pray; should she make up the days that she missed after forty days from the birth?

I did not pray until sixty days after the birth of my child, because the bleeding did not stop until then, and I was unaware that the woman becomes pure after forty days and has to start praying. I did not come to know of this ruling until nine months after giving birth.
What should I do about the twenty days when I did not pray? If I have to make up those prayers, when should I do that?.

Praise be to Allaah.

Firstly: 

The scholars differed as to the maximum length of nifaas (post-partum bleeding). Some of them said that the maximum length of nifaas is forty days, because of the hadeeth of Umm Salamah (may Allaah be pleased with her): “At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), women in nifaas used to stay (not praying etc) for forty days” – narrated by Abu Dawood, 139; al-Albaani said it is hasan saheeh. This is the view of the majority. 

So she should pray after that even if she continues to bleed, and she should make up the prayers that she missed, so long as the bleeding that comes after forty days does not coincide with the time of her monthly period. See question no. 10488. 

Some of the scholars, such as Shaykh al-Islam Ibn Taymiyah, said that the basis principle regarding blood that comes out because of childbirth is that it is nifaas, so she should not pray until the bleeding stops, and he said there is no maximum limit for nifaas. 

Some of then said that the maximum length of nifaas is sixty days. This is the view of al-Shaafaa’i (may Allaah have mercy on him). 

In order to be on the safe side, you should make up the prayers that you missed after forty days, apart from the time that coincided with your monthly period. And Allaah knows best. 

With regard to how the prayers should be made up: you have to do that as soon as this ruling reaches you. If it is difficult because of the large number of prayers involved, you can make them up as you are able to, even if that takes several days. And Allaah knows best.

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Junob and cannot perform ghusl or tayammum

What about the case of one who is traveling by plane on a long trip and encounters janaba, and is not able to perform ghusl, and there is nothing on the plane that allows him to perform tayammum. If one waits until reaching the final destination, the time for salaat would be over (i.e., salaat that is not combinable with another salaat like fajr, or the time for combining the two salaat like dhuhr and asr would be over), since one may start travel before fajr and not arrive until after sunrise, or start travel before dhuhr and not arrive until after maghrib. So what should one do?

If we assume that he can not make ghusl on the airplane, then this is a case known to scholars of fiqh as the case of the one faqid al-tahoorain "missing the two purifications" (i.e. water for wudu' and soil for tayammum), and their sayings in this matter differ. Imam Ahmad and the majority of narrators say that the person should pray in his impurity, since this is what is within his capability and ability, and that Allah does not burden a soul more than it can bear. The evidence in this situation is what Imam Muslim narrated in his authentic collection of hadith that the Prophet (peace be upon him) sent some people to search for a necklace that Aa'isha had lost, during which the time for prayer had entered, so they prayed without wudu' (due to the absence of water). Afterwards they went to the Prophet (peace be upon him) and mentioned this situation to him. The verse allowing tayammum was then revealed.1 The Prophet (peace be upon him) did not disapprove their action and did not command them to repeat the prayer. A similar situation can happen to patients that cannot move their limbs completely (a paralyzed person who has no one to assist him) or prisoners in some cases of being tied-up or hung-up. The intention is one's prayer should performed and not delayed from its prescribed time depending on his situation and one is not required to repeat it. This is the most appropriate, as Allah did not burden us with religion.
From the book What Should You Do in the Following Situations... ?
1 Sahih Muslim 367

Ruling on circumcision

What is the ruling on circumcision? What is the ruling on what some people do, where they flay the penis or the pubic area?

Praise be to Allaah.

Circumcision is one of the characteristics of the fitrah (the natural state of man), and it is one of the symbols of the Muslims, because it is narrated in al-Saheehayn that Abu Hurayrah (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘The (characteristics of) the fitrah are five: circumcision, shaving the pubic hair, trimming the moustache, cutting the fingernails and plucking the armpit hairs.’” So he (peace and blessings of Allaah be upon him) started with circumcision and said that it is one of the characteristics of the fitrah. 

Circumcision as prescribed by Islam involves cutting the foreskin covering the glans of the penis only. Those who flay the skin surrounding the penis or flay the entire penis, as is done in some savage countries, and claim in their ignorance that this is the circumcision prescribed in Islam, this is nothing but something prescribed by the Shaytaan and made attractive to the ignorant, and it is a torment to the one who is circumcised. It goes against the Sunnah of Muhammad (peace and blessings of Allaah be upon him) and the Islamic sharee’ah which is based on ease and which enjoins preservation of life. 

It is haraam for a number of reasons, including the following: 

1-     The Sunnah mentions cutting off the foreskin covering the glans of the penis only.

2-     This is torture and mutilation, and the Messenger of Allaah (peace and blessings of Allaah be upon him) forbade mutilation and torture of dumb beasts, committing outrages upon them or cutting off their limbs. It is more appropriate that tormenting the sons of Adam should be more forbidden, and a more serious sin.

3-     This is contrary to the humanity and kindness encouraged by the Messenger of Allaah (peace and blessings of Allaah be upon him) when he said, “Allaah has decreed humanity in all things.”

4-     This may lead to disease or death of the one who is circumcised, and that is not permissible because Allaah says (interpretation of the meaning): 

“and do not throw yourselves into destruction”

[al-Baqarah 2:195] 

“And do not kill yourselves (nor kill one another)”

[al-Nisa’ 4:29] 

Hence the scholars stated that it is not obligatory to circumcise an adult if there is the fear of any of these things happening to him. 

With regard to bringing men and women together on a certain day to attend the circumcision and parade the child uncovered in front of them, this is haraam, because it involves uncovering the ‘awrah which Islam dictates should be covered, and forbade us to uncover it. 

Similarly, mixing between men and women on this occasion is not permitted, because of the fitnah (temptation) involved and because it goes against the pure sharee’ah. 

All questions are worthy of asking

As Salam Wahalakum,
Brothers and sisters
My question is kind of puzzling but I think it is important
My question is: Is a man suppose to shave his legs if his hair grows big like we do to over private parts? I 'm asking this question because most of my friends do it and I didn't because I was never told. So please answer this question and don't leave it as joke.
Thank You

Praise be to Allah,
We would never consider your question as a joke for the reason that you do what you are supposed to do by asking about something you don’t know its ruling.
At the age of our Prophet Mohammed (Peace Be Upon Him) someone, called Abu-Refaa, may Allah be pleased with him, came to him while he was addressing his speech, and said. Oh Prophet a strange man came to ask about his religion for he knows nothing about it.
Our Messenger came to me, as the man said, leaving his speech and sat on an iron chair, as I believe and start teaching me things he learned from Allah, then he completed his speech.(Narrated by Muslim - # 870)
Hence, it is your right upon us to answer your question if we know its response
Hair is divided into 3 parts:
First: Hair that must be removed as the pubic region and the armpit. Second: Hair that must be leftover as it is such as man’s beard. Third : Hair that we told nothing about and there is no legal text determines its remaining or its removal. (Though Allah doesn’t forget anything in his Quran). This hair is left to you as you want to leave or remove and you are at liberty in that.(Also see question #451) and Allah is the most knowing.

There is nothing wrong with trimming the moustache or shave it altogether

I trim my moustache so short that it cant be seen... is that correct? Are we allowed to say Al Hussayn was a Martyr?.

Praise be to Allaah.

The scholars are unanimously agreed that it is permissible to trim or cut the moustache, because of the many ahaadeeth that have been narrated concerning that, such as the words of the Prophet (peace and blessings of Allaah be upon him): “Let the beard grow, and trim the moustache.” Narrated by al-Bukhaari (5442). And he (peace and blessings of Allaah be upon him) said: “Whoever does not remove anything from the moustache is not one of us.” Narrated by al-Tirmidhi (2685) and classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. 

Al-Nawawi (may Allaah have mercy on him) said in al-Majmoo’ (1/340)” As for cutting the moustache, there is unanimous agreement that it is Sunnah. End quote. 

But there is a difference of opinion among the scholars as to how much may be removed. 

Al-Shawkaani said in Nayl al-Awtaar (1/148): The people differed as to the amount that may be cut from the moustache. Many of the salaf were of the view that it may be removed completely and shaved off, because of the apparent meaning of the words shave and remove completely. This was the view of the Kufis [and is one view narrated from Imam Ahmad. What is meant by the Kufis is the followers of Abu Haneefah (may Allaah have mercy on him)]. 

Many others were of the view that it is not allowed to shave it or remove it completely. This was the view of Maalik [and of al-Shaafa’i and of Ahmad, according to another report from him]. 

Imam Maalik was very strict about shaving the moustache and regarded it as mutilation for which a person deserved to be disciplined. He said that shaving it was a bid’ah (innovation) which had appeared among the people. This was narrated from him by al-Nawawi in al-Majmoo’ and by Ibn al-Qayyim in Zaad al-Ma’aad and others, but the majority of scholars were of a different view, as they thought that there was nothing wrong with shaving or cutting it, although they differed as to which is better. End quote. 

Al-Mardaawi said in al-Insaaf (1/121): He may shave his moustache or trim the ends, but shaving is better. This was stated by him [i.e., Imam Ahmad]. End quote.  

Ibn al-Qayyim stated in Zaad al-Ma’aad (1/171) that Imam Ahmad (may Allaah have mercy on him) said: If he shaves it there is nothing wrong with it, and if he cuts it there is nothing wrong with it. The evidence that Imam Ahmad quoted for that is that the ahaadeeth enjoined shaving and cutting. 

Hence the brother who asked this question may know that there is nothing wrong with what he is doing, although it is better to cut the moustache so that the edge of the lip appears, and not to remove it altogether, because this is what the Messenger (peace and blessings of Allaah be upon him) used to do. It was narrated that Ibn ‘Abbaas (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) used to cut his moustache. Narrated by Ahmad (2733). Shaykh Ahmad Shaakir said: Its isnaad is saheeh.

Circumcision: how it is done and the rulings on it

Could you tell us what circumcision is and how and where it is done?.

Praise be to Allaah.

Ibn al-Qayyim (may Allaah have mercy on him) wrote a useful book on the rulings concerning the newborn, which he called Tuhfat al-Mawdood fi Ahkaam al-Mawlood. In this book he wrote an extensive chapter in which he spoke of circumcision and the rulings thereon. The following is a summary of that, with additional comments from some other scholars. 

1 – The meaning of circumcision (khitaan): 

Ibn al-Qayyim said: 

Khitaan is a noun describing the action of the circumciser (khaatin). It is also used to describe the site of the circumcision, as in the hadeeth, “When the two circumcised parts (al-khitaanaan) meet, ghusl become obligatory.” In the case of a female the word used is khafad. In the male it is also called i’dhaar. The one who is uncircumcised is called aghlaf or aqlaf. 

Tuhfat al-Mawlood, 1/152 

2 – Circumcision is the Sunnah of Ibraaheem and the Prophets after him: 

Al-Bukhaari (6298) and Muslim (2370) narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Ibraaheem (peace be upon him) circumcised himself when he was eighty years old, and he circumcised himself with an adze.”  

An adze (qadoom) is a carpenter’s tool; it was also said that al-Qadoom is a place is Syria.

Al-Haafiz ibn Hajar said: 

It is most likely that what is referred to in the hadeeth is the tool. Abu Ya’laa narrated that ‘Ali ibn Rabaah said: “Ibraaheem was commanded to circumcise himself, so he circumcised himself with an adze and it was very painful for him. Then Allaah revealed to him saying, “You rushed to do it before We told you what tool to use.” He said, “O Lord, I did not want to delay obeying Your command.” 

Ibn al-Qayyim said: 

Circumcision was one of the things with which Allaah tested Ibraaheem, His Close Friend. He did them perfectly so Allaah made him a leader of mankind. It was narrated that he was the first one who was circumcised, as mentioned above. What it says in al-Saheeh is that Ibraaheem circumcised himself when he was eighty years old. After him, circumcision continued among the Messengers and their followers, even the Messiah. He was circumcised and the Christians affirm that, and do not deny that, as they also affirm that he was forbidden the flesh of pigs… 

Tuhfat al-Mawdood, p. 158-159 

But the scholars (may Allaah have mercy on them) differed as to the ruling on circumcision. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: 

The most correct view is that it is obligatory in the case of men and Sunnah in the case of women. The difference between them is that in the case of men, it serves an interest which has to do with one of the conditions of prayer, namely purity (tahaarah), because if the foreskin remains, when the urine comes out of the urethra, some of it will collect there, and this causes burning and infection every time the person moves, and every time the foreskin is squeezed, some drops of urine come out, thus causing najaasah (impurity). 

In the case of women, it serves a useful purpose which is to reduce desire. This is seeking perfection, not removing something harmful. 

Al-Sharh al-Mumti’, 1/133-134 

This is the view of Imam Ahmad (may Allaah have mercy on him). Ibn Quddamah said in al-Mughni (1/115): As for circumcision, it is obligatory for men and it is good in the case of woman, but it is not obligatory for them. 

3 – Ibn al-Qayyim (may Allaah have mercy on him) said: 

Abu’l-Barakaat said in his book al-Ghaayah: In circumcision of a man, the skin at the tip of the penis (the foreskin) is removed; if he only removes most of it, that is permissible. It is mustahabb to circumcise females provided that is not done in an extreme manner. It was narrated that ‘Umar said to a woman who circumcised females, “Leave some of it if you circumcise (a girl).” Al-Khallaal said in his Jaami’: What is cut when circumcising: Muhammad ibn al-Husayn told me that al-Fadl ibn Ziyaad told them: Ahmad was asked, How much should be cut in circumcision? He said, Until the glans (tip of the penis) becomes visible. 

Ibn al-Sabbaagh said in al-Shaamil: What is obligatory in the case of a man is to cut the skin on the tip of the penis until the entire glans becomes visible. In the case of a woman, it means cutting the skin that looks like the comb of a rooster at the top of the vagina, between the two labia; if it is cut the base of it should be left like a date pit.  

Al-Nawawi (may Allaah have mercy on him) said: 

The well-known correct view is that everything covering the glans must be cut. 

Al-Majmoo’, 1/351 

Al-Juwayni said:  

The hadeeth indicates that not too much of it should be removed (in the case of women), because he said, “Leave something sticking out and do not go to extremes in cutting.” 

Tuhfat al-Mawdood, 190-192 

The point is that in the case of males, all the skin covering the tip of the penis should be cut, but in the case of females only a part of the skin that is like a rooster’s comb at the top of the vagina should be cut. 

4 – The wisdom behind circumcision 

With regard to a man, he cannot be clean from urine unless he is circumcised, because drops of urine collect underneath the foreskin and he cannot be sure that they will not drip and make his clothes and body impure. Hence ‘Abd-Allaah ibn ‘Abbaas was very strict on the issue of circumcision. Imam Ahmad said: Ibn ‘Abbaas was very strict on this matter, and it was narrated that there is no Hajj and no prayer for him, i.e., if a person is not circumcised his Hajj and prayer are not valid. Al-Mughni, 1/115 

With regard to the wisdom behind the circumcision of women, it is to regulate their desire so it will be moderate. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about whether women should be circumcised or not. He replied: 

Praise be to Allaah. Yes, they should be circumcised, i.e., the top of the piece of skin that looks like a rooster’s comb should be cut. The Messenger of Allaah (S) said to the woman who did circumcisions: “Leave something sticking out and do not go to extremes in cutting. That makes her face look brighter and is more pleasing to her husband.” That is because the purpose of circumcising a man is to make him clean from the impurity that may collect beneath the foreskin. But the purpose of circumcising women is to regulate their desire, because if a woman is not circumcised her desire will be strong. Hence the words “O son of an uncircumcised woman” are used as an insult, because the uncircumcised woman has stronger desire. Hence immoral actions are more common among the women of the Tatars and the Franks, that are not found among the Muslim women. If the circumcision is too severe, the desire is weakened altogether, which is unpleasing for men; but if it is cut without going to extremes in that, the purpose will be achieved, which is moderating desire. And Allaah knows best. 

Majmoo’ al-Fataawa, 21/114 

5 – It is permissible to pay money for circumcision. 

Ibn Qudaamah said: 

It is permissible to pay money for circumcision and for medical treatment. We do not know of any difference of opinion on this matter, because it is doing something that is needed and which is allowed in sharee’ah. So it is permissible to pay money for it, like all other permissible actions. 

Al-Mughni, 5/314.

Circumcision and Choosing a Name for a New Muslim

Assalam alaikum
I am a young man from Denmark, who for some time have been interested in Islam. I have now reached a point where I am absolutely sure that I want to become a Muslim. My questions are as follows:
- Since I would have to be circumcised to become Muslim (this I gladly accepts) I would like to know how this comes about. Is it done by a doctor, an imam or by oneself?
- I feel changing my name as I become Muslim is a truly happy occasion. But I would like to now which of the following names you find to be most suitable as my new first name?

• Qasim
• Aasim
• Taymullah
• or Sayyid

I will be very grateful indeed to get a response to my letter.
Sincerely

All Praise is due to Allah,

All Praise is due to Allah for having guided you to this path which you would not have been guided to without Allaah’s Guidance. Your interest in embracing our religion is very pleasant news for us tonight. We pray to Allaah that you successfully embrace Islam and become steadfast on it.

As for your first question, if circumcision does not cause you harm, you can have it performed by a surgeon who’s experience and skill you trust. If it would cause you harm, then you don’t have to do it and that will not adversely affect your Islam, InShaa'a Allah (Allah Willing).

As for changing your name, note that the most beloved names to Allah are: Abdul-llah (The Slave/worshipper of Allah) and Abdul-Rahman (The Slave/worshipper of the Most Merciful – one of the names of Allah). This came to us in the authentic Hadeeth (sayings) of the Prophet (Peace and Blessings of Allah be upon Him) which was narrated by Muslim (hadeeth number 3975).

If you want us to choose one of the names that you have listed, you can use Aasim which means: protector – preserver – defender – guarder.

We pray to Allaah for you to have a Blissful and Pleasant life in the shadow of the Great Islam.

Prayer of one who does not shave his pubic hair

Will the prayer of one who leaves his pubic hair and does not shave it for a month be accepted?

Praise be to Allaah.

Shaving the pubic hair – the hair that grows around the private    parts – is part of the sunan al-fitrah (actions that befit the natural state of man). They should not be left without shaving for more than forty days because of the proven hadeeth to that effect. However, leaving them for more than forty days does not have any effect on the validity of a person’s prayer, and to say that it does reflects ignorance of the pure sharee’ah.

Shaving Legs

I would like to know what the ruling is concerning Muslim women shaving their legs. The legs are not one of the areas mentioned in the hadeeth about things which are consistent with the fitrah. Does this mean that it is haram for women to shave them? Maybe it would also be haram as an imitation of the kuffar. However, a woman may want to do it in order to please her husband. What do the scholars say about this issue?

Praise be to Allah.

I have already answered this question: please see the responses to questions nos. 451 and 742. In summary, it is permitted to remove the hair of the legs. Islamic schools of thought say that a woman may remove all her body hair, such as that on the arms or legs, if removing it will increase her beauty, but she must leave whatever makes her beautiful, so she is forbidden to shave the hair on her head. (al-Mawsu‘ah al-Fiqhiyyah, 18/100).

The woman is also forbidden to remove the hair on her face, especially plucking the eyebrows, because the promised punishment for doing that is clearly stated. For more details of the guidelines on women’s beautification, see question# 261.

It is OK for a female doctor to circumcise an infant boy

Is it correct to get one's child circumcised (mistakenly or knowlingly) by a woman doctor?  This is happening in many parts of the world.  Please provide a ruling on this issue. 

Praise be to Allaah. 

It is OK for a female doctor to circumcise an infant boy. And Allaah is the Source of strength. 

Removing hair and nails during the menstrual period

Is removig and disposing of hair and nail during menstruation a sin? is it required to wash them before disposing during menstruation?.

Praise be to Allaah.

This is a matter concerning which many women are confused, namely the ruling on removing hair and nails and other Sunnahs of the fitrah during the menstrual period. This stems from a false belief that some of them have, that all parts of a person will come back to him on the Day of Resurrection, so if he removes them when he is in a state of major impurity due to janaabah, menses or post-partum bleeding, they will come back to him impure (naajis) and not purified (taahir) on the Day of Resurrection. This is a false notion and an illusion which is not correct at all. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked – as it says in Majmoo’ al-Fataawa (21/120-121) – about a man who cut his nails and moustache and combed his hair when he was junub; is there any blame on him for that? Some of them referred to that and said: If the person who is junub cuts his hair or nails, his parts will come back to him in the Hereafter and he will be raised on the Day of Resurrection will a share of janaabah commensurate with whatever was removed, and for every hair he will have a share of janaabah. Is that true or not? 

He (may Allaah have mercy on him) replied: 

It is proven in the hadeeth of Hudhayfah and the hadeeth of Abu Hurayrah (may Allaah be pleased with them) that when mention of the person who is junub was made to the Prophet (peace and blessings of Allaah be upon him), he said: “The believer does not become impure.” In Saheeh al-Haakim it adds: “alive or dead.” I do not know of any shar’i evidence for the view that it is makrooh for the person who is junub to remove hair or nails, rather the Prophet (peace and blessings of Allaah be upon him) said: “Rid yourself of the hair of kufr and get circumcised.” Narrated by Abu Dawood (356) and classed as hasan by al-Albaani in Irwa’ al-Ghaleel (1/120). So he told the one who became Muslim to do ghusl, and he did not tell him to delay circumcision and removing the hair until after doing ghusl. The general meaning of his words implies that both are permissible. Similarly the menstruating woman is enjoined to comb her hair when doing ghusl even though combing the hair pulls out some hairs. And Allaah knows best. End quote. 

Thus Shaykh al-Islam Ibn Taymiyah referred to the hadeeth of ‘Aa’ishah (may Allaah be pleased with her), when she menstruated during the Farewell Pilgrimage and the Prophet (peace and blessings of Allaah be upon him) said to her: “Undo your hair and comb it, and enter ihraam for Hajj, and leave ‘Umrah for now.” Narrated by al-Bukhaari (1556) and Muslim (1211). 

Combing is usually accompanied by some hairs falling out, but despite that the Prophet (peace and blessings of Allaah be upon him) gave permission for the pilgrim in ihraam and the menstruating woman to do that. 

The Shaafa’i fuqaha’ said, as it says in Tuhfat al-Muhtaaj (4/56): 

Our view is that the menstruating woman may remove them. End quote – i.e., nails, pubic hair and armpit hair.

It says in Fataawa Noor ‘ala al-Darb by Shaykh Ibn ‘Uthaymeen (Fataawa al-Zeenah wa’l-Mar’ah/question no. 9): 

I heard that combing the hair is not permissible during the menses, and that one cannot cut one’s nails or do ghusl. Is this correct or not? 

He (may Allaah have mercy on him) replied: 

This is not correct. The menstruating woman may cut her nails and comb her hair, and it is permissible for her to do ghusl in the case of janaabah, such as if she has an erotic dream when she is menstruation, then she may do ghusl from janaabah; or if her husband is intimate with her without having intercourse and she reaches climax, then she may do ghusl from janaabah. This view that is widely held among some women, that they cannot do ghusl or comb their hair or cut their nails has no basis in sharee’ah as far as I know. End quote. 

The view that this is makrooh is not known from any of the reputable fuqaha’, but it is mentioned in some books by followers of bid’ah who go against ahl al-sunnah, as it says in Sharh al-Nayl wa Shifa’ al-‘Aleel (1/347) by Muhammad ibn Yoosuf al-Ibaadi. 

And Allaah knows best.

Important note to learn and read quran online

Reading Quran to seek the light to the right path. The holy Quran is the ultimate source and light for all Muslims. To seek this light of it one needs to read Quran. The importance of the text of Quran cannot be doubted or questions. At the same time, the significance of learning Quran with translation holds a great strength for a holy quran reciter.

There are number of issue in the daily life of Muslims, in which Muslims need to improve according to the Quran. Muslims have been practicing the same conventions from long time, without consulting Koran themselves. Unfortunately, many times Muslims ignore the negative side and only see the positive side of what has been written in the Quran.

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Should zakaah be paid on haraam wealth?

A man has acquired a great deal of wealth (which reaches the nisaab or minimum threshold at which zakaah becomes due) by means of haraam ways, such as selling alcohol, music or drugs. Does he have to pay zakaah?.

Praise be to Allaah.

Zakaah is not due on haraam wealth, nor is it valid, because it does not really belong to the one who in whose possession it is, and one of the conditions of zakaah is that the wealth should belong to the person. And Allaah is Good and accepts nothing but that which is good. The Prophet (peace and blessings of Allaah be upon him) said: “O people, Allaah is Good and only accepts that which is good. Allaah commanded the pious to follow the same commandments as He gave to the Messengers. He says (interpretation of the meaning):

‘O (you) Messengers! Eat of the Tayyibaat [all kinds of Halaal (lawful) foods which Allaah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables, fruits)] and do righteous deeds. Verily, I am Well-Acquainted with what you do’ [al-Mu’minoon 23:51]

‘O you who believe (in the Oneness of Allaah — Islamic Monotheism)! Eat of the lawful things that We have provided you with’ [al-Baqarah 2:172]

Then he mentioned a man who has travelled on a long journey and is dishevelled and covered with dust; he stretches forth his hands to the heaven, (saying) “O Lord, O Lord”, but his food is haraam, his drink is haraam, all his nourishment is haraam, so how can he du’aa’ be accepted?” Narrated by Muslim (1015).

What he should do is get rid of that haraam wealth. He should return it to its owners if it was stolen or seized by force, and he should donate it to charity if it came from selling drugs, alcohol, music and the like. 

It says in al-Mawsoo’ah al-Fiqhiyyah (23/248): Haraam wealth, such as that which is taken by stealing, seizing by force, bribery or riba etc does not really belong to the one in whose possession it is, and he does not have to pay zakaah on it, because zakaah is due on things that actually belong to a person. And zakaah is a purification for the one who pays it and for the wealth of the one who pays it, because Allaah says (interpretation of the meaning):  

“Take Sadaqah (alms) from their wealth in order to purify them and sanctify them with it”

[al-Tawbah 9:103] 

And the Prophet (peace and blessings of Allaah be upon him) said: “Allaah does not accept zakaah from any haraam wealth.” So haraam wealth is all impure and cannot be purified. 

What should be done with regard to haraam wealth is returning it to its owner if it is possible to find out who he is, otherwise it should all be given away so as to get rid of it, not so as to give it in charity. This is agreed upon among all madhhabs. 

The Hanafis say: If the ill-gotten wealth reaches the nisaab, zakaah is not required from the one in whose possession it is, because he is obliged to give all of it, so there is no point in saying that he must give some of it in charity.

In al-Sharh al-Sagheer by al-Dardeer, who is a Maaliki, it says: Zakaah is required from the one who owns the nisaab, and it is not required of one who is not the owner, such as one who took it by force or the one who is keeping it for someone else. 

The Shafaa’is say –as was narrated by al-Nawawi from al-Ghazaali, and he also confirmed it – that if a person does not possess anything but purely haraam wealth, he does not have to do Hajj or pay zakaah, and he does not have to offer expiation in the form of wealth. 

The Hanbalis say that use of wealth that was seized unlawfully for shar’i purposes is haraam and is not valid. This is like doing wudoo’ with water that was seized unlawfully or praying in a garment that was seized unlawfully or in a place that was seized unlawfully, and it is like paying zakaah from wealth that was seized unlawfully or doing Hajj with such wealth. Any transaction involving this (haraam) wealth, such as selling, renting etc, is invalid.

End quote. 

See also question no. 78289 and 26. 

And Allaah knows best.

How should one pay zakaah on land, cars and gold?

1 – I have a piece of land that I bought nearly a year ago for two purposes, and I have not yet decided which of the two purposes I will use it for. The first is to trade it, i.e., when the price goes up I will sell it. The second is to build a house on it in the distant future, where I can live with my family. The first question is: how should I work out how much zakaah to pay on this land (the price for which I bought it or the price for which I will sell it)? Is zakaah due on it or not? 
2 – Every year in Ramadaan I pay zakaah on my wealth as follows: I calculate all the wealth I have, whether it is in my hands or in the bank. I have one car that I rent out for a monthly payment all year long, by Allaah’s grace. I work out its value based on the price for which I bought it approximately four or five years ago. If I find another car for the purpose of trading, I work out its value based on the price that I paid for it, as with the first car. I also have some money in the bank for which I receive interest; please note that the interest is a large amount. 
I work out the value of my wife’s jewellery on the basis of the price I paid for it.
If there is anything else I work out its value based on the price paid for it. 
My second question is: I pay zakaah as follows: on the things mentioned I pay 2% on the cash value, and all of the interest. 
I pay the cash sum as follows:
1 – to the poor people in my village or any other place where there are orphans;
2 – a small amount to relatives who I think are in need, whether they are on my father’s side or my mother’s side;
3 – a small amount to my sisters and brothers, knowing that my sisters are married and well off, and my father and mother are also well off, but this is an upholding of the ties of kinship (because I am the oldest son);
4 – I send some to charities that help orphans, the sick and our brothers in Palestine;
5 – a small amount to any charities such as mosques and schools. Is the way I am paying zakaah right or wrong? What is the correct way if there is any mistake?.

Praise be to Allaah.

Firstly: 

If the matter is as you have described, and you may sell the land if prices go up or you may build a house on it for yourself and your family, then you do not have to pay zakaah on it, because you do not have a firm intention to sell it. But if you do decide to sell it, then zakaah will be due on it, so you should work out when you decided to sell it and when one year has passed, you should work out how much the land is worth at that time, and pay zakaah on it. 

Secondly: 

No zakaah is due on the car that you rent out, rather zakaah is due on the money you receive for that, if it reaches the nisaab and one full year has passed. 

If you acquire a car with the intention of dealing in it, then zakaah must be worked out on the basis of its value when one year has passed, not the price at the time when you bought it. Please see question no. 65515. 

Thirdly: 

No zakaah is due on the interest received from a riba-based bank, because it is haraam wealth which is not really owned by the one who deals in interest. You should get rid of it by spending it on charitable causes, and zakaah should be paid only on the original wealth. 

What you should do is move your account to a current account with no interest, because this interest is riba (usury) which is haraam and is a major sin, for Allaah is Good and does not accept anything but that which is good. 

Fourthly: 

If your wife’s (gold) jewellery reaches the nisaab, which is 85 grams, then zakaah is due on it. The way in which zakaah is paid on it is to work out its value on the day of zakaah, regardless of the price for which it was bought, then pay zakaah on it. 

What is meant by the price on the day of zakaah is the price of this used gold for which you could sell it, not the price of new gold. 

Fifthly: 

The rate at which zakaah is paid on gold, silver, trade goods and cash is one-quarter of one-tenth, i.e., 2.5%, not 2% as mentioned in the question. 

Sixthly: 

The people and causes on whom zakaah may be spent are well known, as stated by Allaah in the verse (interpretation of the meaning): 

“As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al‑Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything); a duty imposed by Allaah. And Allaah is All-Knower, All-Wise”

[al-Tawbah 9:60] 

1 – You did well by giving to the poor people in the village and the needy among your relatives and the needy in Palestine. 

2 – As for giving some of the zakaah to your parents and brothers and sisters who are well off, that is not permissible, and it does not mean that you have discharged your duty, because they are not among the people who are entitled to zakaah. What is prescribed is to give them gifts and charity, not zakaah, unless one of them is in debt and cannot pay it off, in which case it is permissible to give him zakaah. 

3 – The same applies to giving zakaah to charities such as mosques and schools – it is not valid, because zakaah must be given to one of the eight categories mentioned in the verse, and mosques are not among them, nor are they included in the phrase “for Allaah’s cause” because what is meant by that is jihad for the sake of Allaah. See the answer to question no.13734 and21805. 

4 – As for charities that help orphans and the sick, it is permissible to give them zakaah if these orphans or sick people are poor and in need, and this zakaah is given to them in cash or you delegate those who are in charge to buy whatever they need of clothing, medicine and the like, and will not spend this money on other projects such as building etc. 

We ask Allaah to bless your wealth for you and make it help you to obey Him. 

And Allaah knows best.

Is zakaah due on all the gold or just on that which exceeds the nisaab?

I want to know if the amount of gold that I have exceeds the nisaab, should I pay zakaah on the whole amount of gold or just that which exceeds the nisaab?.

Praise be to Allaah.

You have to pay zakaah on all the gold that you have. 

The nisaab for gold is 85 grams. If a person owns one hundred grams, for example, he must pay zakaah on the entire one hundred. 

This is indicated by the hadeeth narrated by Abu Dawood (1572) from ‘Ali (may Allaah be pleased with him) who said: The Prophet (peace and blessings of Allaah be upon him) said: “If it is two hundred dirhams, then five dirhams are due, and if it is more than that, it should be worked out on that basis.” Classed as saheeh by al-Albaani in Saheeh Abi Dawood. 

This indicates that zakaah is due on the nisaab and anything more than that. 

The amount to be paid is one-quarter of one-tenth (2.5%) which may be paid from the gold itself, or the current value may be worked out and this may be paid in the form of cash. 

And Allaah knows best.

Zakaah on the later portion of the mahr

Is there any zakaah on the later portion of the mahr?.

Praise be to Allaah.

The later portion of the dowry is a debt that the husband owes to the wife. The view about zakaah on it is like the view on zakaah on all other kinds of debt. One of two scenarios must apply with regard to this dowry: 

-1- 

If the wife is able to ask for it and her husband is rich and has no objection to giving her the later portion of the dowry, then zakaah should be paid on it every year, because it has become like the wealth that she possesses. 

-2- 

If the husband is poor and cannot pay it, or the wife cannot ask for it for fear of making her husband angry and he will divorce her if she asks for it, or if the custom is that the woman is not entitled to this delayed portion unless she and her husband become separated either through divorce or death – as is customary among people nowadays – then no zakaah is due on this delayed portion because she is not able to dispose of it. But when she does get possession of it, she must calculate one year from the time when she took possession of it. In order to be on the safe side, she should pay zakaah for one year when she takes possession of it, even if many years have passed. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about the dowry of a woman who had been married for many years but she was not able to ask her husband for it lest they become separated, then she was compensated for her dowry with some real estate or by being given the dowry after many years. Does she have to pay zakaah for the past years or when one year has passed since she took possession of the dowry? 

He replied: Praise be to Allaah, there are many opinions concerning this matter among the scholars. … The most correct opinion is the view of those who say that no zakaah is due at all until one year has passed, or zakaah is due once when she takes possession of it. There is evidence for both views. The former is the view of Abu Haneefah and the latter is the view of Maalik, and both are mentioned in the madhhab of Ahmad. And Allaah knows best. End quote from Majmoo’ al-Fataawa (25/47). 

And Allaah knows best.

Zakaah on the mahr that is deposited in the bank

Is zakaah due on the mahr that has been kept in the bank since I got married and I do not want to buy anything with it? If that is the case, how should I pay zakaah on it?.

Praise be to Allaah.

If a person owns wealth that reaches the nisaab (minimum threshold) and one full year has passed, he must pay zakaah on it, whether this wealth is cash, gold or silver, from the mahr (dowry) or anything else, whether he is saving it for a trip or to build a house or any other purpose. 

The nisaab is the equivalent of 85 grams of gold or 595 grams of silver. 

Based on that, if your mahr that is kept in the bank is equivalent to the nisaab or more, then you must pay zakaah on it every time one hijri year passes, so you must pay one-quarter of one-tenth of it (2.5%). 

We must also point out that it is not permissible to keep money in riba-based banks except in cases of necessity or fear, to protect it, if there are no Islamic banks, so long as there is no interest involved. 

And Allaah knows best.