Questions & Answers

Scholars agree on three general actions that nullify the fast:

1. Intentional consumption of food or drinks
2. Intentional consumption of liquids (e.g., water, juice, milk)
3. Engaging in sexual intercourse during fasting hours

Regarding the use of oil in the ears during fasting, Shaykh Muhammad ibn Salih al-'Uthaymin الله يرحمه stated that eye drops, kohl, and ear drops do not break the fast as there is no evidence suggesting so, and the eye and ear are not openings for food and drink consumption. (Fatawa al-Siyam, p. 206)

Shaykh 'Abdul Aziz bin Baaz الله يرحمه held a slightly different position, suggesting that if one tastes the drops, they should make up the fast as a precautionary measure. However, it is not obligatory, as the ears are not considered entry points for food and drink. (Majmoo Al-Fatawa 15/260)

The most accurate view is that using ear drops/oil does not nullify one's fast. However, it is advisable to avoid using them unless there is a dire necessity. This is in line with the principle of caution and preserving the sanctity of fasting.

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Question: Salaam Alaikum, my question is regarding the prayer time for Fajr during the month of Ramadan, at my local mosque in Krugersdorp, the Fajr salah time before Ramadan was around 5:15 am (Adhan call at 5:00 am). Since Ramadan the prayer is now revised to 5:05 am for the first ten days, however it is still dark, doesn't look like the night is separating from the day. No spread of white line across the sky, can you please advise on this matter, I am of the opinion that the salaah is happening before it's time. Nautical twilight is around 5:20 am in the area. Please advise, Salaam Alaikum.

Answer:

From the conditions of salaah, is to perform salaah in its prescribed times as Allah says: "Indeed salaah is prescribed for the believer's at a specific time." (an Nisa verse 103).

The entering of morning prayer is established when the true break of dawn is witnessed by the naked eye, or by a trustworthy person informing him, or by calculation or by set times for salaah that were calculated according to the movement of the sun. Thus the muathin should check the time and then make athaan.

Precedence is given to the sighting of the break of dawn, if it was not sighted or there were no signs of the break of dawn then a condition of salaah was not found thus he did not fulfill the Fajr salaah.

Shaykh Muhammad bin saalih Al uthaymen (may Allah have mercy upon him) was asked: "If a person prays ten minutes or less before the prayer time, for example, knowing that he did not know that the time had passed, is his prayer invalidated and does he have to repeat it after knowing that he did not follow the time or not?"

He replied: "The prayer that he prayed before its' time does not count as an obligatory prayer, because Allah the Almighty says: 'Indeed, prayer has been decreed upon the believers a decree of specified times.' Based on this, whoever prays a prayer before its time, his prayer does not count as an obligatory prayer, but it is considered a voluntary prayer, meaning that he will be rewarded for it with the reward of a voluntary prayer, and he must repeat the prayer after the time begins."

In conclusion, the person should advice the relevant authorities with knowledge, and bring it to their attention. If the problem persist he then prays with them as a voluntary prayer and then performs the salaah of Fajr with his family at home.

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As for the pregnant or breasfeeding woman, she will pay the fidyah and she will not have to make up for those days. This is supported by the following narrations:

Ibn 'Abbaas (radiyallaahu 'anhumaa) said: "If the pregnant woman fears for herself, or the breastfeeding woman for her child in Ramadān, then they are to break their fast and in place feed a poor person for each day and they are not to make up the missed days." [tafsir tabari]

Ibn 'Abbaas (radiyallaahu 'anhumaa) saw the mother of his child who was either pregnant or breastfeeding, so he said: "You are from those who fasts with much difficulty. Upon you is to feed in the place of your fast, a poor person for each day missed, and there is no making up the missed days upon you." [tafsir tabari, daarqutni]

Ibn 'Umar (radiyallaahu 'anhumaa) said: "The pregnant and breastfeeding women break their fast and they do not make Qadhaa (i.e. they do not make up what is missed)." [tafsir tabari]

Regarding the Fidyah:

A pregnant woman asked Ibn 'Umar (radiyallaahu 'anhumaa) about her fast, so he said: "Break your fast and feed for each missed day a poor person and do not make up the days." [daarqutni]

Ibn 'Umar (radiyallaahu 'anhumaa) was asked about a pregnant woman who fears for her unborn child, so he responded: "Let her break her fast and feed a poor person for each missed day one mudd of wheat." [musnad shafi, bayhaqi]

A mudd is both hands cupped together which equates to 600 grams. So, a Prophetic saa' is 2.4kg, and half a saa' is 1.2kg. [Shaykh an-najmi]

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That which is obligatory is half a saa' of wheat or a saa' of dates, raisins, barley or dried yogurt or any other kinds of foods that can take their place, such as rice and other staple foods.

The proof is the statement: Urwa Ibn az-Zubair who said, Asma Bint Abu Bakr, during the time of the messenger صلي الله عليه وسلم, used to give the zakah on behalf of her family, to the free and the slaves among them. She would give half a saa' of wheat or a saa' of dates, according to the measures and a saa that would support them. (at tahaawi volume 2/43).

As for giving other than wheat, then it should be a saa'. The proof is as follows: Abu Saeed Al khudri who said, we used to give zakat Al fitr as a saa' of meal, Barley, dates, dried yogurt or raisens. (agreed upon by Bukhari and Muslim)

As for the amount of a saa' or half a saa': Prophetic saa' is 2.4kg, and half a saa' is 1.2kg. [Shaykh an-najmi]

As for giving the value of zakaa tul fitr in money instead of actual food, it is not allowed, the hanafee mathab allows this but there is no mention of this in the Quran nor sunnah nor did the sahaabah mention it.

Imaam an nawawi (May Allah have mercy on him) stated: according to most of the jurist, it is not allowed to give its value, however Abu haneefah (May Allah have mercy on him) has permitted it. (Imaam nawawi mentioned it in the commentary of Muslim volume 7 page 20).

However, you may appoint an organisation to carry out this responsibility on your behalf by sending them the cash to buy 2.4kg of staple food as stated above to distribute it before the Eid Salaah.

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Since your question is in two parts, it will be answered as such.

The response to the first part is as follows:

The Shafi Madhab, which means the Shafi way in practicing the religion, is named after one of the great scholars of Islam, Imaam muhammed ibn Idrees ash-Shaafi'ee, Rahimahullah, who was born in the year 150 AH and who passed away in the year 204 AH. He formulated a methodology in Islamic Jurisprudence which was implemented and taught by his students after him, like Imaam Al-Muzanee for example.

It must be noted that Imam Ash-Shafi did not ask people to follow his Jurisprudence methodology to the exclusion of the other Imams but rather he was focused on practicing Islam in the way which he believed was taught by the prophet sallallaahu alayhi wa sallam. This was the motive of all of the other Imams.

What Imaam Ash-Shafi wanted and hoped for from all his companions and students is to seek the authentic Sunnah of the prophet sallallaahu alayhi wa sallam and practice that in all matters of the religion, whether in Creed or Jurisprudence, after all he was not calling to himself but to the religion of Allahu subahaanahu wa ta'aala.

If one has studied Jurisprudence under the shafi Madhhab then it is fine as long as should he find issues there-in which oppose what the prophet sallallaahu alayhi was upon and instructed, then he immediately adopts that which is the Sunnah abandoning the view of the Madhab.

In response to the second part:

The inclusion of the nose and mouth in wudhu, as being Fardh (compulsory) to wash is a view held by classical scholars like Imaam Ahmed ibn Hambal, Hammaad ibn abi Suleyman, Ishaaq ibn Raahaway and others, Rahimahumullaah, is not something new.

A salafi student of knowledge follows the evidence which points to a Hadith indicating that Abdullah ibn Abbaas radhiyallaahu anhumaa stated that the prophet sallallaahu alayhi wa sallam said "gargle the mouth and wash the nostrils and the two ears are part of the head," (meaning that they fall under the ruling of the head which is masah and not to be washed, whereas the nose and mouth are part of the face and as such need to be cleansed by washing) graded as authentic by Shaykh ul hadeeth: Al-Albaani, Rahimahullah: Sahih al Jaami.

It is clear from the above that Salafiyyah is evidence based methodology, which is what the imaams followed, practiced and preached.

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If the du'aa is made in the last raka'ah of the Witr salaah at the place of the qunoot, it will be correct. However if it is made after the Salaam in congregation, then it will be an innovation, as that action has not been transmitted from the messenger صلى الله عليه وسلم and his sahabah رضي الله عنهم, and upon us is to follow their way.

As for the advice regarding it, is that if one is unable to perform salaah at a masjid which does not practice these innovations then he should leave the gathering when this is being practiced, and if he has the ability to advise the leaders then he should do so with sincerity and knowledge.

We ask Allaah guide us to that which is correct and upright and the He keeps us firm upon the path.

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All praise is due to Allaāh, Lord of all creation. May peace and blessings be upon the noblest of Messengers, our Prophet Muhammad, his family, and all his Companions رضي الله عنهم.

Alhamdulillah, you have chosen a noble and honorable name for your son - Mu'awiyah - a name that carries strength in its meaning and honor in its legacy.

The Meaning & Virtue of the Name

• Linguistically, "Mu'awiyah" comes from al-'awi (strength), referring to a man who reaches maturity and becomes strong enough to lead and resolve matters with wisdom. [Lisān al-'Arab 15]
• It was the name of the noble Companion Mu'awiyah ibn Abi Sufyan (may Allaāh be pleased with him), the scribe of revelation, brother of Umm Habibah (may Allaāh be pleased with her, the Prophet's wife), and a just leader. [Al-Isābah, Ibn Hajar]
• Imam Ahmad ibn Hanbal (may Allaāh have mercy on him) affirmed it is permissible to refer to him as "Mu'awiyah, the maternal uncle of the believers" due to his relation to Umm Habibah. [Al-Sunnah, al-Khallāl]

A Name Accepted by the Righteous Predecessors

Many Companions and scholars were named Mu'awiyah. Ibn Hajar records over 27 Companions with this name in Al-Isābah, and al-Dhahabī mentions a good number of Tabieen in Siyar A'lām al-Nubalā [25/448].

The Prophet (peace be upon him) never changed this name, and even made du'a for Mu'awiyah (may Allaāh be pleased with him):

"Allāhumma-j'alhu hādiyan mahdiyan wa-hdi bihi"
"O Allaāh, make him a guide, rightly guided, and guide others through him." [Sunan al-Tirmidhī 3844, authenticated by al-Albānī]

Warning Against Reviling Mu'awiyah

Those who attribute evil to Mu'awiyah (may Allaāh be pleased with him) follow the path of the extremist Rawāfid (Shia) who abandoned the way of Ahl al-Sunnah. The Prophet (peace be upon him) warned:

"Do not revile my Companions, for by the One in Whose Hand is my soul, if one of you spent the equivalent of Uhud in gold, it would not equal a handful of one of them, nor even half of that." [Sahih al-Bukhari 3673]

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Alhamdu lillah, the marriage process in Islam is simple however there are requirements for it to be correct according to the sunnah, and that is to have a waliy (legitimate guardian) and two witnesses and they must be all muslims.

Traditional ways and etiquette which is not part of the religion of the disbelievers and does not oppose and violate the Sunnah and Shari'ah may be accommodated where the necessity arises and an example of this is giving gifts to the parents etc. Such an action can facilitate Dawah activities in the family.

In the case where a legitimate guardian is not found due to the family of a woman being non-muslims then she is to be married by a muslim judge who represents her in an islamic court. the prophet ﷺ said:

"No marriage without the legitimate guardian and two trustworthy witnesses" [Saheeh Al-Jaami' 3/21]

and the prophet ﷺ also said: "... a leader is a legitimate guardian for the one who does not have a legitimate guardian" [Saheeh Abi Dawud 2083]

then in a case where she is in a land with no islamic rulership or Islamic courts then she chooses who will represent her in marriage as a guardian. this is in accordance to the fiqh principle: "Necessities permit the forbidden"

imaam Ibn Qudaama Al-Maqdisiy said: "If the woman does not have a legitimate guardian or someone of authority to marry her off then what is related from Ahmad is that a just man may marry her off with her permission" [Al-Mughnee 7/351]

what is referred to as "a just man" is a righteous muslim as was mentioned by the scholars.

Even though her parents cannot be her legitimate guardian islamically it is still recommended that she consults them to avoid problems and to show regard of their parenthood. In the consultation process due consideration is given to the command of being dutiful to parents but not that they can make any decisive rulings or judgements in opposition to the Shari'ah.

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If a person breaks their fast before the actual sunset time due to a genuine mistake or uncertainty about the time, they should immediately stop eating/drinking once they realize their error.

The ruling depends on the circumstances:

1. If it was a genuine mistake: The person should make up (qada) that day of fasting, but no kaffarah (expiation) is required.
2. If there was negligence: Such as not checking the time properly when they had the means to do so, they should still make up the day and seek forgiveness.

Evidence: The principle in Islamic jurisprudence is that genuine mistakes are forgiven, as Allah says: "Our Lord! Do not punish us if we forget or make a mistake" (Al-Baqarah: 286), and Allah responded: "I have done so."

Shaykh Ibn Uthaymeen (rahimahullah) said: "If someone breaks their fast thinking that the sun has set, but then discovers that it had not yet set, they must make up that day, but they do not have to pay kaffarah because they did not deliberately break their fast."

Practical advice: Always verify the exact sunset time from reliable sources and wait a few extra minutes to be certain before breaking the fast.

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The ruling on ejaculation during fasting depends on whether it was intentional or unintentional:

1. Unintentional ejaculation (wet dream):

If ejaculation occurs through a wet dream during sleep, this does NOT break the fast. The person should perform ghusl (ritual bath) and continue their fast.

Evidence: The Prophet (صلى الله عليه وسلم) said: "Allah has forgiven my ummah for what they do by mistake, what they forget, and what they are forced to do." [Ibn Majah]

2. Intentional ejaculation:

If ejaculation occurs through intentional sexual activity (masturbation, sexual intercourse, or deliberate stimulation), this DOES break the fast.

In this case, the person must:

• Make up (qada) that day of fasting
• If it was sexual intercourse during Ramadan, kaffarah (expiation) is also required
• Seek sincere repentance (tawbah)

3. Ejaculation due to looking or thinking:

If ejaculation occurs merely from looking at something arousing or having sexual thoughts without physical contact, the majority of scholars say this breaks the fast and requires making up the day.

Shaykh Ibn Baz (rahimahullah) said: "If a fasting person ejaculates due to sexual desire, whether through masturbation or by looking repeatedly at women or sexual images, his fast is broken and he must make up that day."

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Making dua after the obligatory prayers is indeed from the sunnah of the Prophet (صلى الله عليه وسلم), but it should be done individually, not in congregation.

The Sunnah Practice:

The Prophet (صلى الله عليه وسلم) would regularly make dhikr and dua after completing his prayers. This includes:

• Saying "Astaghfirullah" three times
• Saying "Allahumma antas-salamu wa minkas-salamu, tabarakta ya dhal-jalali wal-ikram"
• Reciting Ayat al-Kursi
• Saying Subhanallah (33 times), Alhamdulillah (33 times), Allahu Akbar (34 times)
• Making personal dua

Individual vs. Congregational Dua:

Individual dua after prayer is sunnah and recommended. Each person should make their own dua quietly.

Congregational dua (where the imam makes dua aloud and everyone says "Ameen") after the obligatory prayers is not from the established sunnah and can be considered bid'ah (innovation) if done regularly.

Shaykh Ibn Baz (rahimahullah) said: "It is prescribed for the Muslim to remember Allah after the prayer with the adhkar that are reported from the Prophet (صلى الله عليه وسلم), and there is nothing wrong with making dua after that, but it should be done individually, not in congregation."

Exception: Congregational dua may be acceptable occasionally for specific needs (like seeking rain, during calamities, etc.) but should not become a regular practice after every prayer.

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A menstruating woman cannot perform tawaf around the Kaaba or enter the Masjid al-Haram, but she can perform other acts of Umrah once she becomes pure.

What she CANNOT do during menstruation:

• Enter the Masjid al-Haram - This includes the area around the Kaaba
• Perform Tawaf - This is the most crucial part that requires purity
• Touch the Mushaf (Quran) directly
• Perform formal prayers (Salah)

What she CAN do during menstruation:

• Make dhikr and dua - Remember Allah anywhere
• Read Quran from memory or digital devices (according to many scholars)
• Listen to Quran recitation and Islamic lectures
• Prepare for the rituals once she becomes pure

When menstruation ends:

Once the menstruation stops and she performs ghusl (ritual bath), she can:

1. Enter the Masjid al-Haram
2. Perform Tawaf around the Kaaba (7 circuits)
3. Perform Sa'i between Safa and Marwah (if not done before)
4. Cut/trim her hair to complete the Umrah

Evidence: The Prophet (صلى الله عليه وسلم) told Aisha (رضي الله عنها) when she got her period during Hajj: "Do everything that the pilgrim does except do not perform tawaf around the House until you become pure." [Bukhari & Muslim]

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Wiping over socks during wudu is a concession (rukhsah) from Allah that makes worship easier. However, there are specific conditions that must be met:

Conditions for wiping over socks:

1. Put them on while in a state of purity: You must have valid wudu when putting on the socks
2. The socks must be pure (tahir): Free from najasah (impurities)
3. They must cover the area that needs to be washed: At least up to the ankles
4. They should be thick enough: That water doesn't easily seep through to the skin
5. They should stay on the foot: Not easily slip off during normal walking

Duration of wiping:

• For a resident (non-traveler): 24 hours (one day and night)
• For a traveler: 72 hours (three days and nights)

The time starts counting from the first time you wipe over them after breaking wudu.

How to wipe:

Pass wet hands over the top surface of both socks, from the toes toward the leg. It's not necessary to wipe the bottom or sides of the socks.

When wiping becomes invalid:

• The time limit expires
• The socks are removed
• Janabah (major impurity) occurs - requiring ghusl
• The socks become torn in a way that exposes the foot

Evidence: Al-Mughirah ibn Shu'bah (رضي الله عنه) reported: "I was with the Prophet (صلى الله عليه وسلم) and he performed wudu and wiped over his khuff (leather socks)." [Bukhari & Muslim]

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Combining prayers is a concession allowed in specific circumstances mentioned in the Sunnah. It should not be done merely for convenience.

Legitimate reasons for combining prayers:

1. Travel (Safar):

During travel that qualifies for shortening prayers (approximately 80km or more), you may combine:

• Dhuhr and Asr together
• Maghrib and Isha together

This can be done by advancing the later prayer or delaying the earlier one.

2. Rain and severe weather:

When there is heavy rain, snow, or severe weather that makes it difficult to attend the mosque for each prayer separately.

3. Illness:

When a person is seriously ill and finds it extremely difficult to perform each prayer at its designated time.

4. Genuine hardship:

Situations that cause real difficulty, such as:

• Medical procedures or hospital stays
• Emergency situations
• Situations where leaving would cause significant harm or loss

What is NOT a valid reason:

• Regular work schedule
• School or university classes
• Social events or entertainment
• General convenience or laziness
• Traffic or normal daily activities

Evidence: Ibn Abbas (رضي الله عنهما) reported: "The Messenger of Allah (صلى الله عليه وسلم) combined Dhuhr and Asr, and Maghrib and Isha in Madinah without fear or rain." When asked why, he said: "He did not want to cause hardship for his ummah." [Muslim]

Shaykh Ibn Uthaymeen (rahimahullah) said: "Combining prayers should only be done when there is a genuine need. The basic principle is that each prayer should be performed at its designated time."

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There is a difference of opinion among scholars regarding Zakat on women's gold jewelry. The stronger opinion is that Zakat is due on all gold that reaches the nisab, whether worn or not.

The Stronger Opinion (Zakat is due):

This is supported by:

• General texts about Zakat on gold and silver
• The hadith of the woman with gold bracelets: The Prophet (صلى الله عليه وسلم) asked a woman wearing gold bracelets: "Do you pay Zakat on these?" When she said no, he said: "Would it please you if Allah puts bracelets of fire on you on the Day of Judgment?" [Abu Dawud, authenticated by Al-Albani]

Practical Application:

Nisab for gold: The nisab (minimum threshold) for gold is 85 grams of pure gold.

Rate of Zakat: 2.5% of the total value annually.

How to calculate:

1. Determine the total weight of pure gold
2. If it reaches 85 grams or more
3. Calculate 2.5% of the current market value
4. Pay this amount annually

Shaykh Ibn Baz (rahimahullah) said: "The correct view is that Zakat is due on gold and silver jewelry if it reaches the nisab, whether it is worn or not."

Recommendation: Given the difference of opinion, it is safer and more cautious to pay Zakat on all gold jewelry. This ensures one fulfills their obligation according to the stronger evidence.

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The time for eating and drinking during suhur ends when the true dawn (Fajr Sadiq) begins, which is when the Fajr adhan should be called.

The General Rule:

Once you hear the Fajr adhan, you should immediately stop eating and drinking, as the fasting time has begun.

What if you have food in your mouth?

If you have food or drink in your mouth when you hear the adhan:

• You may swallow what is already in your mouth - this does not break the fast
• Do not take any new food or drink into your mouth
• Do not continue chewing if you haven't swallowed yet

Evidence:

The Prophet (صلى الله عليه وسلم) said: "When one of you hears the call to prayer while the vessel is in his hand, let him not put it down until he fulfills his need from it." [Abu Dawud, authenticated by Al-Albani]

This hadith indicates that if you are in the process of eating/drinking when the adhan begins, you may finish what you have started, but you should not begin eating something new.

Important Notes:

• Be cautious with timing: It's better to finish suhur a few minutes before the expected adhan time
• Trust reliable sources: Make sure the adhan is called at the correct time based on accurate calculations
• When in doubt: It's safer to stop eating immediately when you hear the adhan

Recommended practice: The Prophet (صلى الله عليه وسلم) encouraged eating suhur and delaying it until close to Fajr time, but not so close that one risks eating after the time has entered.

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The reason why the conventional Insurance products are considered as impermissible in Islam is on account of three factors:

1. Gharar (Uncertainty):

Conventional insurance involves uncertainty regarding the premium and the payout, which can lead to excessive ambiguity in contracts.

Ibn al-Qayyim (rahimahullah) defined it comprehensively, saying: "It is something whose occurrence is unknown, or whose reality and amount are unknown."

This happens a lot in conventional insurance in that premiums fluctuate, due to various factors which are based on market instability or change of regulations in a country etc., which results in benefits changing. These types of uncertainties renders contracts invalid.

Evidence: The Messenger of Allah (صلى الله عليه وسلم) forbade the sale of pebbles (using pebbles as a yardstick in transactions) and the sale of uncertainty. [Narrator: Abu Hurairah • Muslim, Sahih Muslim (1513)]

2. Riba (Interest):

Insurance companies often invest premiums in interest-bearing instruments, which are not permissible in Islam. There are also other forms of riba, related to input of the client versus the output by the insurance company.

Evidence: Riba is haram as expounded in Surah Al-Baqarah: verses 275-279

3. Maysir (Gambling):

Some aspects of insurance resemble gambling, as policyholders are betting on events that may or may not happen.

Evidence: Gambling is haram as mentioned in Surah Al-Baqarah: verse 219

Permissible Insurance - Takaful:

There are Islamic alternatives like Takaful, which is structured to comply with Shariah principles. Takaful is based on mutual assistance, shared responsibility, and cooperative risk-sharing, addressing the concerns present in conventional insurance.

Shaykh Ibn Baz (rahimahullah) explained the basis of Takaful as follows:

"The second type of insurance: Cooperative insurance among Muslims: Its purpose is not usury or uncertainty, but rather cooperation. This is called cooperative insurance. It is as if the people of a village, tribe, neighborhood, or family come together to donate a certain amount of money - each one donating something every month: one hundred riyals, one thousand riyals, or every year - and they say: We will collect this to help the poor among us and whoever is afflicted by an event, such as murder or something else, from whom blood money is paid. And thus they help the poor and needy, and the debtor who has debts, they pay on his behalf, and whoever is killed, for example, by being run over or over and has some of the blood money owed, they help him. The purpose of this is nothing but assistance."

A Takaful insurance product is thus based upon the above-mentioned outline of Shaykh Ibn Baz (rahimahullah).

May Allah (سبحانه وتعالى) grant us all Tawfeeq.

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