Tuesday, February 28, 2012

If the wife is sick and cannot bear the hardships of pregnancy, should she abort the foetus?

My wife went to the doctor and it was proven that she was one month and eight days pregnant. We had agreed not to have children for a certain length of time because my wife is sick and cannot bear the hardships of pregnancy. Is it permissible to abort the pregnancy or not? Please note that we had agreed not to have children only for that certain length of time.

Praise be to Allaah.

If the wife is sick and cannot bear the hardships of pregnancy, then it is permissible to abort the foetus within the first forty days of the pregnancy, according to the view of a number of scholars. 

It says in a report issued by the Council of Senior Scholars: 

1 – It is not permissible to abort pregnancy at various stages thereof, except for a shar’i reason, and within very narrow limits. 

2 – If the pregnancy is in the first stage, which is the first forty days, and aborting it is for a legitimate shar’i purpose or to ward off harm, then it is permissible to abort it. As for aborting it at this stage for fear of hardship in raising children or for fear of not being able to afford the expenses of raising and educating them, or for fear of their future or because the couple is happy with the number of children they already have, that is not permissible. 

3 – It is not permissible to abort a pregnancy if it is a ‘alaqah or mudghah (i.e., in the second and third forty-day periods of pregnancy) unless a committee of trustworthy doctors has determined that allowing it to continue will pose a danger to the safety of the mother because they fear that she will die if it continues. In that case it is permissible to abort it after trying all other means to avoid risk to the mother. 

4 – After the third stage, and after four months of pregnancy have been completed, it is not permissible to abort it unless a number of trustworthy specialists have determined that leaving the foetus in his mother’s womb will cause her death, and after exhausting all means of trying to save his life. A concession allowing abortion subject to these conditions is only granted so as to ward off the greater of the two evils and achieve the greater of the two interests. End quote from al-Fataawa al-Jaami’ah (3/1056). 

And Allaah knows best.

She claimed that she was pregnant with a child from him and had an abortion, and he paid the expenses

A woman who has a bad reputation and behaves badly claimed that she was pregnant from a friend of mine that she was pregnant. He is married with a young daughter and he swears that he has never had intercourse with her, although something happened between them, but it did not reach the level of intercourse. But she insisted that he was the father of the child in her womb. The solution was that she went to a doctor to abort the child, and because he was afraid of exposure and embarrassment that this woman could cause – because he is married and has a daughter, as I said – he paid for the abortion expenses. It turned out that she was pregnant with a child whose age was six days shy of three months. He deeply regrets what he did, and paying for the expenses of aborting a child whose conception he had nothing to do with. 
My question is: 
What is the Islamic ruling on this action? How can he repent from this deed? Is he regarded as a partner in the killing? How can he repent sincerely to Allaah from what happened? What should he have done, according to sharee’ah, when this girl claimed that he was the father of the child in her womb? I would like an answer soon. May Allaah reward you with good.

Praise be to Allaah.

Firstly: 

Allaah says (interpretation of the meaning): 

“And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty)”

[al-Talaaq 65:2] 

Your friend did not fear Allaah, so He did not grant him a way out. You say that he was intimate with that woman, but he did not have intercourse with her. This is taking lightly and being heedless about doing a haraam action with that woman, which is what led him to commit the second crime (abortion) and made him unable to ward off accusations against him and stand up to this woman properly, because he knew in his heart that he was not chaste and did not resist doing haraam things, even though Allaah has blessed him with a wife and a legitimate marriage. How can a wise man refrain from good, halaal pleasure and replace it with haraam and enjoy it? 

If your friend had kept himself chaste, Allaah would have granted him a way out, but he transgressed the sacred limits of Allaah and was punished by being caused to fall into another sin. As one of the salaf said:  One of the punishments of sin is further sin, just as the reward for good deeds is more good deeds. 

Secondly: 

So long as there is still some goodness in your friend, which is indicated by his regret for what has happened and his desire to repent, then he should note that repentance is not valid and accepted unless it meets three conditions: 

1 – Regret for what he has done. 

2 – Giving up the sin. So he must cut off all ties with this evil woman. It is strange that you say that your friend has a daughter. Would he like that for his daughter? No one would want this for their daughters. 

So he cannot repent if he is still in touch with this woman or any other. 

3 – He should resolve firmly never to go back to this sin again, and he should resolve to refrain from haraam things and protect himself and his family. He should beware lest he be tested with regard to the closest of people to him as a punishment for what he has done. 

He should strive hard in acts of worship, and pray regularly on time with the congregation in the mosque if he was careless about that before. He should read Qur’aan a great deal and attend classes, and give a lot of money in charity. 

Allaah says (interpretation of the meaning): 

“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”

[Ta-Ha 20:82] 

Let him make this sin the beginning of something good for him, by turning to Allaah and keeping away from sin. Many people may be better after sinning and repenting than they were before, if they repent properly and strive to better themselves. 

And Allaah is the Source of strength.

Monday, February 20, 2012

A man told him that a smell came out of him

A man of sound character told him that he had broken wind. Does he have to accept what he told him or not – as some of the people of Yemen stated in their fatwa?

Praise be to Allaah.  

Ibn Hajar al-Haythami was asked this question and he replied: 

The correct view is that he has to accept it. The claim of some that the one who told him cannot be certain and that it is only a possibility, and that the certainty of his being taahir (pure) cannot be nullified by the possibility that he may have passed wind, may be refuted by the fact that if someone were to tell him that some najaasah (impurity) has fallen into the water, he has to accept that even though a similar argument could apply here. The reason is that even though it may be a matter of probability, in many issues of sharee’ah it has to be dealt with as a matter of certainty. 

And Allaah knows best what is correct.

Ruling on a person touching the Qur’aan without wudoo’, and the meaning of the hadeeth, “The believer is never impure”

i would like to know if it is haram to hold and recite the quran (which does not include any translation or comments) without having ablution. Because, i have heard a hadith where the prophet (saw) said: a believer is always pure even in the state of janaba.

Praise be to Allaah.

Shaykh ‘Abd al-‘Azeez ibn Baaz was asked a similar question, and he said: 

It is not permissible for a Muslim to touch the Qur’aan when he does not have wudoo, according to the majority of scholars. This is the view of the four imaams (may Allaah be pleased with them), and this was the view expressed in the fatwas of the Companions of the Prophet (peace and blessings of Allaah be upon him). A saheeh hadeeth concerning that has been narrated from ‘Amr ibn Hazm (may Allaah be pleased with him), stating that the Prophet (peace and blessings of Allaah be upon him) wrote to the people of Yemen: “No one should touch the Qur’aan except one who is taahir (pure).” This is a jayyid hadeeth which has a number of other isnaads which strengthen it. Hence it is known that it not permissible to touch the Qur’aan except in a state of purity from both major and minor impurity. The same applies to moving it from place to place, if the person who is moving it is not taahir. But if he touches it or moves it with something in between, such as picking it up in a wrapper, then it is OK. But if he touches it directly when he is not taahir, this is not permitted according to the saheeh view of the majority of scholars, for the reasons stated above. With regard to reciting it, it is OK for him to recite it from memory when he is without wudoo’, or for him to read it if the Qur’aan is held by someone who asks him to correct or prompt him. 

But the person who is junub, i.e., in a state of major impurity, should not recite Qur’aan, because it was narrated from the Prophet (peace and blessings of Allaah be upon him) that nothing ever kept him from reciting Qur’aan except for janaabah (major impurity). Ahmad narrated with a saheeh isnaad from ‘Ali (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) came out from the toilet and recited something from the Qur’aan. He said, “This is for the one who is not junub; but the one who is junub should not do this, not even one aayah.” 

The point is that the one who is junub should not recite Qur’aan either from the Mus-haf or from memory, until he has taken a bath (ghusl). But the one who has broken his wudoo’ and is impure in the sense of minor impurity may recite Qur’aan from memory but she should not touch the Mus-haf. 

Fataawa al-Shaykh Ibn Baaz (may Allaah have mercy on him), 10/150 

With regard to the hadeeth about the purity of the believer, it was narrated that Abu Hurayrah said: “I was met by the Messenger of Allaah (peace and blessings of Allaah be upon him) and I was junub. He took my hand and I walked with him until he sat down. Then I slipped away and washed myself (ghusl), then I came to where he was sitting. He said, ‘Where were you, O Abu [Hurayrah]?’ I told him, and he said, ‘Subhaan-Allaah, O Abu [Hurayrah]!, the believer does not become impure.” (Narrated by al-Bukhaari, al-Ghusl, 276; Muslim, al-Hayd, 556).

 Al-Nawawi said in his Commentary on Saheeh Muslim: this hadeeth illustrates a great principle that the Muslim is taahir whether he is alive or dead. If his purity is established, then his sweat, saliva and tears are all pure too, whether he (or she) is without wudoo’, in a state of major impurity (junub), menstruating or bleeding after childbirth. 

Once this is understood, then the meaning of his being pure (tahhir) will become clear. It means that there is nothing to prevent his body from being essentially pure even when at the same time he has broken his wudoo’, because being without wudoo’ is simply something that prevents one from praying, or doing other things for which tahaarah (purity) is a pre-condition.  

And Allaah knows best.

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Friday, February 17, 2012

Online Quran Reading at home | Learn to Read Holy Quran Live

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Tuesday, February 7, 2012

Ruling on offering the funeral prayer in the mosque

Is it permissible to offer the funeral prayer in the mosque?.

Praise be to Allaah.

The Sunnah is to offer the funeral prayer in a place that is just for funerals, outside the mosque, because of the report in al-Bukhaari (1245) from Abu Hurayrah (may Allaah be pleased with him) which says that the Messenger of Allaah (peace and blessings of Allaah be upon him) announced the death of the Negus on the day on which he died, then he went out to the prayer-place and lined them up in rows, and said takbeer four times. 

But if the funeral prayer is offered in the mosque, there is nothing wrong with it, because of the report narrated by Muslim (973) which says that ‘Aa’ishah (may Allaah be pleased with her) issued orders that the bier of Sa’d ibn Abi Waqqaas be brought into the mosque and the funeral prayer be offered for him. The people objected to that, but she said: How quickly the people forget! The Prophet (peace and blessings of Allaah be upon him) did not offer the funeral prayer for Suhayl ibn al-Bayda’ except in the mosque. 

Ibn Qudaamah (may Allaah be pleased with him)said in al-Mughni (2/186): There is nothing wrong with offering the funeral prayer for the deceased in the mosque if there is no fear that it may become contaminated. This is the view of al-Shaafa’i, Ishaaq, Abu Thawr and Dawood. End quote. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: What is the correct opinion on the ruling on offering the funeral prayer for the deceased in the mosque? 

He replied: The correct view is that there is nothing wrong with offering the prayer for the deceased in the mosque, because the Prophet (peace and blessings of Allaah be upon him) offered the funeral prayer for Sahl ibn Bayda’ in the mosque. End quote. 

Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen (17/160). 

And Allaah knows best.

Bid’ah of reciting Laa ilaaha ill-Allaah when following a funeral procession

What is the ruling on those who say when following a funeral procession, Laa ilaaha ill-Allaah, al-daayim wajh-Allaah (There is no god but Allaah and that which abides is the Countenance of Allaah)? They say that audibly, and at the time of burial they say “Yaa Rahmaan, yaa Rahmaan (O Most Merciful, O Most Merciful).” What is the ruling on that? What is the Sunnah when following a funeral procession and when burying the deceased?.

Praise be to Allaah.

These words are innovated. There is no doubt that there is no god but Allaah and that nothing will abide forever except Allaah, but the fact that it is said in this manner as described in the question is bid’ah, because every way of drawing close to Allaah or of worshipping Allaah that was not done by the salaf (early generations of Islam) is an innovation (bid’ah). Similarly, saying “Yaa Rahmaan, yaa Rahmaan” at the time of burial is also an innovation. 

The Sunnah for the one who follows a funeral procession is to ponder and think about his fate and that he is now walking behind the bier, but one day he will be the one whose bier is being followed as this bier is being followed, so he should ponder his own deeds. 

At the time of burial, when the burial of the deceased was finished, the Prophet (peace and blessings of Allaah be upon him) would stand at the graveside and say: “Pray for forgiveness for your brother and ask for him to be made steadfast, for now he is being questioned.” This is what is prescribed in Islam. End quote. 

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

He wants to allocate part of his wealth as a waqf for all the Muslims

Is it possible for me to allocate part of my wealth as a waqf for the sake of Allaah on behalf of every Muslim and believer since the time Allaah created the universe until the Day of Resurrection?.

Praise be to Allaah.

There is nothing wrong with giving charity on behalf of all the Muslims, in sha Allaah. 

In the answer to question no. 20996, it says that charity may benefit Muslims both living and dead, and we quoted a fatwa of Shaykh Ibn Baaz (may Allaah have mercy on him) concerning that. 

Shaykh Ibn Jibreen was asked in Sharh ‘Umdat al-Ahkaam (lesson 38, p. 2): When some people give charity, they say: “It is a blessing and a gift to reach the soul of the Prophet Muhammad and the souls of all our dead.” What is the ruling on that?  

The answer was: 

There is no need to say this; the intention alone is sufficient, and it is better if he makes it for himself, or gives it on behalf of his own deceased loved ones, or on behalf of the deceased Muslims. 

As for his saying “to the soul of the Prophet (peace and blessings of Allaah be upon him)”, I do not think this is right, because the Prophet (peace and blessings of Allaah be upon him) will have a reward equal to that of the good deeds of his ummah, even if they do not dedicate similar deeds to him, and the salaf did not dedicate any good deeds to the Prophet (peace and blessings of Allaah be upon him), because the one who guided the ummah and showed them the way will have a reward equal to that of their good deeds, because he said: “The one who calls to right guidance will have a reward equal to that of those who follow him.” 

There is nothing wrong with giving charity on behalf of the Muslims or praying for them, whether they are relatives or not. There is nothing wrong with that, but saying these words is not proper. But if you say – for example – “O Allaah, give its reward to me and to my deceased loved ones, or to the Muslims”, there is nothing wrong with that. End quote. 

Secondly: 

Although that is permissible, the basic principle is that when it comes to virtuous deeds and drawing close to Allaah, the Muslim should focus on himself and not prefer others to himself with regard to the rewards. He is in the greatest need of Allaah’s forgiveness and mercy, and he does not know, perhaps a single hasanah (reward for good deed) will tip his balance on the Day of Resurrection and thus admit him to Paradise. Allaah has commanded us to protect ourselves from the Fire first, and then one’s family, as He says (interpretation of the meaning):

“O you who believe! Ward off yourselves and your families against a Fire (Hell) whose fuel is men and stones”

[al-Tahreem 66:6]. 

Shaykh al-Islam Ibn Taymyah was asked in Majmoo’ al-Fataawa (24/321) about a person who reads the Holy Qur’aan or part of it: is it better for him to dedicate the reward to his parents and the deceased Muslims? Or to keep the reward just for himself? 

He replied: 

The best acts of worship are those which are in accordance with the teachings of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the practice of the Sahaabah, as it is narrated in a saheeh report that the Prophet (peace and blessings of Allaah be upon him) used to say in his khutbahs: “The best of speech is the Word of Allaah, and the best guidance is the guidance of Muhammad; the worst of matters are those which are newly invented, and every innovation is misguidance.” 

Ibn Mas’ood said: Whoever among you wants to follow a path, let him follow the path of one who has died, for the one who is alive is not safe from fitnah. Those are the companions of Muhammad. 

Once this principle is understood, then the prevalent custom among the Muslims in the best generations was to worship Allaah by all kinds of prescribed acts of worship, both obligatory and supererogatory, prayer, fasting, reading Qur’aan and so on. They would pray for the believing men and women as enjoined by Allaah, and for the living and for the dead in the funeral prayers, and when visiting the graves and so on… 

However, it was not the habit of the salaf when offering voluntary prayer, fasting, doing Hajj or reading Qur’aan to dedicate the reward for that to the deceased Muslims, or to their loved ones. Rather their habit was as described above. People should not turn away from the path of the salaf, for it is the best and most perfect. And Allaah knows best. End quote. 

Based on this, you should strive hard to obey Allaah and worship Him, and say a lot of du’aa’s for the Muslims in general. 

We ask Allaah to help you to do that which He loves and which pleases Him. 

And Allaah knows best.

Are there more deaths in the month of Sha’baan?

Is there any report that more souls are taken during Sha’baan?.

Praise be to Allaah.

What is mentioned in some reports is that the names of those for whom death has been decreed in the coming year are all revealed to the Angel of Death in the month of Sha’baan, and that he is told of their names in scrolls from Allaah, or that the annual decree of people’s deaths is written in Sha’baan, so death is decreed in this month according to these reports. 

But these reports and ahaadeeth are all weak (da’eef), so they should not be relied upon and no attention should be paid to their contents. 

Al-Qaadi Abu Bakr ibn al-‘Arabi (may Allaah have mercy on him) said: 

There is no reliable hadeeth about Laylat al-Nusf min Sha’baan (the fifteenth of Sha’baan) or about its virtues, or that people’s deaths are decreed on this day, so no attention should be paid to that. End quote. 

Ahkaam al-Qur’aan (4/117): 

This has been discussed previously, and we have quoted comments of the scholars on this topic in the answers to questions no. 8907, 49675 and 49678. 

We will quote here some of the reports quoted by al-Suyooti (may Allaah have mercy on him) which speak of the decree of death during Sha’baan, in his book al-Durr al-Manthoor (7/401-401), and we will comment briefly on each report. 

He (may Allaah have mercy on him) said: 

Ibn Jareer, Ibn al-Mundhir and Ibn Abi Haatim narrated via Muhammad ibn Sooqah from ‘Ikrimah: “Therein (that night) is decreed every matter of ordainments” [al-Dukhaan 44:4].   He said: On the night before the fifteenth of Sha’baan, the affairs of the year are decreed, and death is decreed for some people, and it is decreed who is going to perform Hajj, and no name will be added to or omitted from whatever is decreed. 

This is contrary to the correct view and interpretation of the verse on which the salaf were agreed, which is that what is meant thereby is Laylat al-Qadar. This has been discussed in the answer to question no. 11722  

Ibn Zanjawayh and al-Daylami narrated from Abu Hurayrah that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Death is decreed from one Sha’baan to another, even if a man gets married and a child is born to him when his name is among those who are going to die.”  

This was classed as da’eef by al-Shawkaani in Fath al-Qadeer (4/801); al-Albaani said in al-Silsilat al-Da’eefah (no. 6607): It is munkar. 

Ibn Abi Shaybah narrated that ‘Ata’ ibn Yasaar said: The Messenger of Allaah (peace and blessings of Allaah be upon him) did not fast in any month more than he did in Sha’baan, and this is because death is decreed for some people in that month for the coming year.  

This is mursal and da’eef. 

Abu Ya’la narrated from ‘Aa’ishah that the Messenger of Allaah (peace and blessings of Allaah be upon him) used to fast all of Sha’baan, and she asked him about that and he said: “Allaah decrees in it every soul who will die that year, and I want the decree of my death to come to me when I am fasting.” 

This was narrated by Abu Ya’la in al-Musnad (8/311). Its isnaad includes Suwayd ibn Sa’eed al-Hadathaani, and Muslim ibn Khaalid al-Zanji, and Tareef, all of whom are classed as da’eef in books of narrators’ biographies. 

Al-Deenoori narrated in al-Mujaalasah from Raashid ibn Sa’d that the Prophet (peace and blessings of Allaah be upon him) said: “On the night before the fifteenth of Sha’ban, Allaah reveals to the angel of death to take the soul of every person whom He wants to take (in death) that year.” 

Al-Mujaalisah wa Jawaahir al-‘Ilm (p. 206). It is mursal and was classed as da’eef by al-Albaani in Da’eef al-Jaami’ (no. 4019). 

Ibn Jareer and al-Bayhaqi in Shu’ab al-Eemaan narrated from al-Zuhri, that ‘Uthmaan ibn Muhammad ibn al-Mugheerah ibn al-Akhnas said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Death is decreed from one Sha’baan to another, even if a man gets married and a child is born to him when his name is among those who are going to die.”  

Shaykh al-Albaani said in al-Silsilat al-Da’eefah (no. 6607): It is munkar. 

Ibn Abi’l-Dunya narrated that ‘Ata’ ibn Yasaar said: When the night before the fifteenth of Sha’baan comes, a scroll is given to the angel of death, and it is said: Take (the souls) of those who are mentioned in this scroll. A man may furnish a house and get married and build houses, but his name is already written among those who are to die. 

These are only the words of ‘Ata’; there is no isnaad for this report. 

Al-Khateeb and Ibn al-Najjaar narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to fast all of Sha’baan, until he joined it to Ramadaan, and he did not fast any month in full except Sha’baan. I said: O Messenger of Allaah, is Sha’baan one of the dearest of months to you in which to fast? He said: “Yes, O ‘Aa’ishah, for there is no soul who is to die during the year but his death is decreed in Sha’baan, and I want my death to be decreed when I am worshipping my Lord and doing righteous deeds.” 

The version narrated by Ibn al-Najjaar says: “O ‘Aa’ishah, in it the angel of death writes down whose soul he will take, and I do not want my name to be written down except when I am fasting.” 

Narrated by al-Khateeb in Tareekh Baghdaad (4/436). Its isnaad includes Abu Bilaal al-Ash’ari who was classed as da’eef by al-Daraqutni, as it says in Mizaan al-I’tidaal (4/507). It also includes Ahmad ibn Muhammad ibn Humayd al-Makhdoob, Abu Ja’far al-Muqri’, of whom al-Daaraqutni said: he is not strong. So the hadeeth is da’eef jiddan (very weak). 

To sum up: There is no saheeh hadeeth to suggest that there are more deaths in Sha’baan. 

And Allaah knows best.

Ruling on offering condolences and thanking people for condolences in newspapers and magazines

It has becomes widespread in recent times for people to offer condolences through newspapers and magazines and for the family of the deceased to respond with thanks for condolences in the same manner. What is the ruling on doing this? Does it come under the heading of the kind of death announcements that are forbidden in sharee’ah?.

Praise be to Allaah.  

Yes… what I think is that this comes under the heading of the kind of death announcements that are forbidden; even if it does not, it is still extravagance and a waste of money.

Condolences are not like congratulations which people may be keen to offer whether the one who has been bereaved is sad or not. What is meant by offering condolences is that if you see a person who has been bereaved and his sorrow is plainly visible, you try to give him moral support and help him to bear that loss. This is the point of offering condolences. It is not something you do as a mere act of courtesy. If the people understood the purpose of offering condolences they would not go to the extreme of publishing them in the newspapers or gathering for that purpose or receiving people and offering them food, etc.

From learning Quran online Blog

And important note that we want to discuss and share with you it is about Quran reading and doing Quran recitation online to understand it, Ramadan is the month when the beautiful the Holy Quran has been revealed.  A miracle by the creator of the worlds, Allah (SWT)  Should we not glorify him by reading quran the gift he has sent down for us and learn Arabic Quran by heart  to feel the power of it and we as Muslim should try to learn quran with translation to understand it  wile we do Quran memorization and let our heart fill will tears of glory and wash away our sins in the month of Ramadan many people teach quran  and we should participate in teaching quran as much as we could because it is the noble cause to spread the word of Allah and the quran tutor will get the reword in the day of judgment “Will they not meditate on the Quran, or are there locks on the hearts”, Quran for kids , Surah Muhammad, Verse 24. Here is an interesting tajweed quran reciter where you can listen to quran from top Koran reciters and read the Koran with different translation and plz link to it and share it to promote islam

End from online Quran reciter blog

 

Thursday, February 2, 2012

When is the bleeding following an abortion regarded as nifaas?

Someon has just had an abortion, is it permissioble for her to fast or does she have to wait a certain period of time?.

Praise be to Allaah.  

It is not permissible for a woman who is bleeding following childbirth to fast, and her fast is not valid. She has to make up the days that she missed because of nifaas (post-partum bleeding). 

Nifaas is the blood passed by a woman because of childbirth. 

But if a woman miscarries (or has an abortion), the blood that she passes is not considered to be nifaas unless the foetus had human features. 

Human features do not appear in the foetus before eighty days of pregnancy, because the Prophet (peace and blessings of Allaah be upon him) said: “The creation of any one of you is put together in his mother’s womb for forty days, then he becomes a ‘alaqah (a piece of thick coagulated blood) for a similar period, then he becomes like a chewed piece of flesh for a similar period, then Allaah sends an angel who is enjoined to write down four things, and it is said to him: ‘Write down his deeds, his provision, his lifespan and whether he is doomed for Hell or destined for Paradise. Then the soul is breathed into him.” Narrated by al-Bukhaari, 3208. 

This hadeeth indicates that a human being goes through a number of stages during pregnancy. 

For forty days he is a nutfah (mixed drops of male and female sexual discharge, for the next forty days he is a ‘alaqah (a piece of thick coagulated blood), then for forty days he is a mudghah (a lump of chewed flesh), then the soul is breathed into him after one hundred and twenty days have passed.  

Human features begin to appear at the mudghah stage, not before that, because Allaah says (interpretation of the meaning): 

“O mankind! If you are in doubt about the Resurrection, then verily, We have created you (i.e. Adam) from dust, then from a Nutfah (mixed drops of male and female sexual discharge, i.e. the offspring of Adam), then from a clot (a piece of thick coagulated blood) then from a little lump of flesh — some formed and some unformed (as in the case of miscarriage) — that We may make (it) clear to you (i.e. to show you Our Power and Ability to do what We will)”

[al-hajj 22:5] 

Allaah described the mudghah as being formed and unformed.  What is meant by formed is that there appear on the embryo traces of how the body will look, such as the head, limbs, etc.  

Based on this, if this woman had an abortion, if that happened before eighty days of pregnancy, then the blood she passes is not the blood of nifaas, rather it is istihaadah (non-menstrual bleeding) which does not stop her from praying and fasting, but she has to do wudoo’ for each prayer. 

If the abortion took place after the soul was breathed into the foetus – i.e., after one hundred and twenty days of pregnancy – then the blood is definitely nifaas. 

If the abortion took place between eighty and one hundred and twenty days, then the embryo should be examined. If it has human features then the blood is nifaas, and if it does not then the blood is istihaadah. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in his essay al-Dima’ al-Tabee’iyyah li’l-Nisa’ (The Natural Blood of Women), p. 40: 

Nifaas is not established unless the embryo expelled has human features. If she expels a small embryo that has no human features then her bleeding is not nifaas, rather it is bleeding from a vein, so it comes under the same ruling as istihaadah. The earliest at which human features may appear is eighty days from the beginning of pregnancy, but it usually happens at ninety days. 

The woman in nifaas has to stop praying and fasting until she becomes pure. When the bleeding stops and she becomes pure, she should do ghusl and pray and fast. If the bleeding lasts for more than forty days, if the additional bleeding coincides with her usual menstrual cycle then it is hayd (menstruation); if it does not coincide with her usual cycle then it is istihaadah, so she should do ghusl and pray and fast, and do everything that women who are taahir (pure) do. 

See question no. 10488, 37662.

 And Allaah knows best.

A teacher breaking his fast so that he can keep his voice loud

My work involves teaching and so using my voice. Last year whilst fasting, being without water caused my throat and voice great distress. I had to drink water (but no need to eat) in order to sustain my voice. As a consequence I did not fast during school time, but made up for all the missed fasts during the Christmas holidays. Please let me know if this is allowed.

Praise be to Allaah.  

Fasting Ramadaan is one of the pillars of Islam, and one of the most important religious duties. It is not permissible for the Muslim to take the matter lightly at all. 

If there is a conflict between religious and worldly interests, the religious interests must take precedence. 

Either you should try to reconcile between fasting and your work, which is easy in sha Allaah because many Muslims carry on fasting whilst working as teachers, or you should take leave from work, even if that is unpaid leave, during this month so that you will be able to fast.  

See also question no. 12592.

If a woman’s period ends before Fajr

I was menstruating and I became pure (my period ended) before the adhaan for Fajr, but because I was tired I did not do ghusl until the adhaan was given for Fajr. Should I complete this day’s fast, knowing that I had the intention of fasting this day before the adhaan?.

Praise be to Allaah.  

If a menstruating woman becomes pure before Fajr then she should have the intention of fasting and her fast is valid, even if she does not do ghusl until after dawn comes. 

The same ruling applies to one who is junub (in a state of impurity following sexual activity) if he does not do ghusl until after dawn comes. 

Al-Bukhaari (1962) and Muslim (1109) narrated from Sulaymaan ibn Yasaar that he asked Umm Salamah (may Allaah be pleased with her (about a man who wakes up junub – can he fast? She said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to wake up junub not from a wet-dream and he would fast. 

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

The scholars of these cities are unanimously agreed that the fast of one who is junub is valid, whether that was as the result of a wet dream or of intercourse. 

If the blood of menstruation or nifaas (post-partum bleeding) stops at night, then dawn comes before the woman does ghusl, her fast is valid and she has to complete it, whether she did not do ghusl deliberately or because she forgot, with or without an excuse. The same applies to one who is junub. This is our view and the view of all the scholars, apart from that which was narrated from some of the salaf but we do not know whether it is saheeh or not. 

And Allaah knows best.

Is it permissible for one who is observing i’tikaaf to go out of the mosque?

I would like to know how i’tikaaf is to be done in the mosque during the last ten days of Ramadaan, noting that I work and my work finishes at 2 p.m. Do I have to stay in the mosque all the time?.

Praise be to Allaah.  

If the mu’takif (person observing i’tikaaf) goes out of the mosque, his i’tikaaf is invalidated, because i’tikaaf means staying in the mosque to worship Allaah. 

That applies unless the mu’takif goes out for an unavoidable reason, such as to relieve himself, to do wudoo’ or ghusl, or to bring food if he does not have anyone to bring food to the mosque for him, and other similar matters which cannot be avoided and which cannot be done in the mosque.  

Al-Bukhaari (2092) and Muslim (297) narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used not to enter the house except for things that a person needs when he was observing i’tikaaf.  

Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (4/466): 

What is meant by things that a person needs is to urinate and defecate, because every person need to do that. Similarly, he also needs to eat and drink. If he does not have anyone who can bring him food and drink, then he may go out to get them if he needs to. For everything that he cannot do without and cannot do in the mosque, he may go out for that purpose, and that does not invalidate his i’tikaaf, so long as he does not take a long time doing it. 

If the mu’takif goes out to do his work, this is something that invalidates i’tikaaf.

 The Standing Committee was asked: 

Is it permissible for the mu’takif to visit someone who is sick or to accept an invitation or to attend to his family’s needs or to attend a funeral or to go to work? 

They replied: 

The Sunnah is that the mu’takif should not visit one who is sick during his i’tikaaf, or accept any invitation, or attend to his family’s needs, or attend any funeral, or go to work outside the mosque, because it was proven that ‘Aa’ishah (may Allaah be pleased with him) said: “The Sunnah is for the mu’takif not to visit any sick person, or attend any funeral, or touch his wife or be intimate with her, or to go out for any purpose except those which cannot be avoided.” 

Narrated by Abu Dawood, 2473. 

Fataawa al-Lajnah al-Daa’imah, 10/410.