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Ask the Scholar about Dhul-Hijjah, Udhiyah and Eid al-Adha

Sheikh Ahmad Kutty
06 August, 2019

Dear Brothers/Sisters,

 

Thank you very much for joining us in this Live Fatwa session. We would like also to thank our guest, Sheikh Ahmad Kutty, for answering the questions directed to him. You will find the answers of your questions below.

Thursday, Aug. 08, 2019 | 17:00 - 19:00 GMT

Session is over.

Assalamualikum, I came to know through my parents who read a statement by a mufti that if you are contributing in an animal like a Cow or a Camel with other people and one of the contributors source of income is not Halal, then even your own sacrifice becomes invalid. I couldn’t find anything on the topic myself and for some reason this doesn’t seem right to me as Islam is not that strict a religion. Please shed some light on the topic. JazakAllah khair



Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh

 

If we know for sure that his entire source of livelihood is haram, then one should not accept his contribution.

 

If, on the other hand, the major part of his income is pure and halal, then there is no need to refuse his contribution. We should not shun such a person or discourage him. Perhaps such good deeds can help him to cleanse his income of the taints of Haram:  Allah orders His Messenger saying: “Take out charities from their wealth whereby you may purify and cleanse them.” (Qur’an: 9: 103). And the Prophet, peace be upon him, said, “Allah does not wipe out good with bad; He wipes out bad only with that which is good.” (Ahmad)

 

Having said this, I must also point out: We are to think good of others and should not rush to condemn people for their mistakes; self-righteousness is a deadly sin in Islam.

 

Allah Almighty knows best. 

Is it ok for the one who will slaughter the animal sacrifice to cut his hair?



It is a contentious issue among scholars. One group permits it; another considering it undesirable, and still, a third group forbidding them. On a close study of the arguments of each group, the view of the first group seems to be stronger in terms of textual evidence and reasoning based on analogy.

 

The first group cites the following report from the Prophet’s wife, Aishah:

 

“I used to place garlands on the necks of camels that the Prophet would despatch to the Haram for sacrifice. He never observed any such prohibitions.” This hadith is well attested; it is from Aisah. No one can dispute her credentials or close understanding of the Sunnah of the Prophet (peace be upon him).

 

To dismiss this as an exclusive privilege of the Prophet is untenable: We can only use this if we have supportive evidence. Otherwise, the Quranic principle about the Messengers outweighs: I would not go against or contradict what I am preaching.

 

It is also well known about the Prophet that he would choose the easier of two options in religions as long as it is not something forbidden. He did so to make the practice of religion easy for his community.

 

We also know that Aishah never considered this as a privilege for the Prophet, peace be upon him. Instead, she took it as a rule applicable to all. We also know that she corrected Ibn Abbas, who ruled that those who are intending to sacrifice should observe the prohibitions mentioned above. Ibn Abbas deferred to her advice and changed his ruling, accordingly.

 

Hanafi School holds the mentioned view; some Malikis and other scholars also endorse it.  Imam Tahawi defends it by saying:  “No one ever said that if one intends to sacrifice ought to stay away from sexual intimacy with their spouses. Isn’t it strange then to say that they must refrain from clipping nails and cutting hair, etc.” It is strange then to say that they must refrain from clipping nails and cutting hair, etc.”

 

The second group thinks it is merely a recommendation and not strictly forbidden: Yet, they do not find any objection in conjugal relations while doing so.

 

The third group deems it as forbidden to do so. In support, they refer to a report from Umm Salamah which states that the Prophet (peace be upon him), said: “Upon the arrival of Dhul Hijjah, those who wish to offer sacrifcie should not clip nails or take their hair until the sacrifice is performed.”

 

The report from Umm Salamah unlike that of Aishah, is not as well attested. Furthermore, since Aishah’s narration refers to the final years of the Prophet’s life, it ought to be given precedence. And it is also more reasonable to think that Umm Salama’s report refers to those who are in a state of Ihram; as such, it does not apply to the non-pilgrims.

 

To conclude, there is no strong evidence for those who hold the last view. As such, the first and second view is more plausible.

 

Allah Almighty knows best. 

Is it necessary to mention the intention of udhiyah aloud when slaughtering the animal?



It is not necessary to do so as the intention is in mind. As Imam Ibn al-Qayyim said, “the locus of the intention is the mind.” Therefore, it is enough to say: bismillah Allahu akbar with the intention of sacrifice. However, we read in the tradition from Aishah that the Prophet (peace be upon him) sacrificed the sheep by saying: In the name of Allah. O Allah, accept this sacrifice from me on behalf of Muhammad, his family and behalf of the Ummah of Muhammad.”

 

Based on this, there is nothing wrong in pronouncing the intention while offering sacrifice.

 

Allah Almighty knows best. 

Is it ok to recite quran during tawaf?



During Tawaf, one is free to engage in Dhikr and Du’a. Reading the Quran is the perfect form of dhikr. Therefore, one may read it from memory after making the essential Duas associated with Tawaf.

 

However, one should avoid reading from the Mushaf in large crowds. By doing so, one may inconvenience others. It may also amount to dishonoring the Holy Book.

 

Allah Almighty knows best. 

What should a pilgrim do if iqamah for prayer is called when he is doing tawaf or sa`i?



If during the Tawaf the Iqamah for salah is given, then one should join the salah and resume tawaf after. He does not need to start fresh; instead, he or she may resume from where they left. Thus if he did only three rounds, then he should do another four after the salah (to complete the prescribed total number of seven).

The Prophet (peace be upon him) said, “When the obligatory prayer starts, one must not be engaged in any other prayer.” (At-Tabarani)

 

Tawaf is like Prayer; hence, while the congregational Prayer starts, he ought to join it.

 

It is wrong to continue tawaf while obligatory congregational Prayer is in progress.

 

Allah Almighty knows best. 

Is it allowed to perform tawaf on behalf of a sick person?



Ideally, each pilgrim ought to perform essential rituals of hajj —  such as Tawaf, Sa`i, and Wuquf in Arafah– every person should do it. In the case of tawaf, if he not able to do so he may use the service available. T

 

herefore, the question would only arise, if a person suddenly becomes ill, and thus prevented from doing it even with such services. In such a case, someone else can do it on his or her behalf.

 

That applies only to those who have performed the ritual of Wuquf or standing in the plains of Arafah. If, however, he has missed the Wuquf, then he ought to do the hajj another year.

 

Once a person has performed the Wuquf, he may delegate someone to do the Tawaf al-ifadah on his behalf if he is bed-ridden.

 

Allah Almighty knows best. 

Is it permissible to visit graves on the day of Eid al-Adha?



Visiting the graves is a Sunnah of the Prophet (peace be upon him). He said, “Earlier, I had forbidden you from visiting graves; now you can do it for it may remind you of the Hereafter.”

 

The Prophet further said, “The deceased would know who visit them; they will return the greeting of those who greet them.”

 

 

Having said this, I should point out that Eid is a time of celebration and joy. So, if by visiting the graves one would not be able to be true to the spirit of celebration it may be better to avoid it; if that is not the case, and by visiting the deceased, he is merely remembering them on the occasion of their joy that is fine. In that case, it would be even better.

 

However, at all times, one must shun all forms of wailing and lamentations. If there is a fear of indulging in them, then one should avoid such visits altogether.

 

Allah Almighty knows best. 

Is it permissible to offer udhiyah on behalf of dead people?



Originally, sacrifice — as is the case with other rituals — are prescribed on the living. Nevertheless, it is permissible for a person to do it on behalf of his deceased relatives as an act of charity. And the latter is expected to reap the rewards for the same.

We learn from the Sunnah the Prophet allowed people to do hajj, to fast and offer charities on behalf of the deceased and praying to Allah to give the rewards.

 

That is like offering gifts to them even as we do it to the living. In the case of the dead, however, unlike the latter, we instead of material gifts we give only the spiritual gifts.

 

Some people make the mistake of dismissing such a concept as absurd. They are wrong since such matters belong to the realm of  Ghayb; since the Prophet, peace be upon him, has approved them, we cannot find fault with it.

 

We can infer the same conclusion from a report from Aishah, the beloved wife of the Prophet (peace be upon him). She said,

“When the Prophet (peace be upon him) offered sacrifice, he prayed thus: I sacrifice in the name of Allah. O Allah, accept this sacrifice on behalf of Muhammad, his family and the ummah of Muhammad – saying this he sacrificed the sheep.”

 

The Ummah of Muhammad includes the living as well as those who have passed away.

 

Allah Almighty knows best. 

What to do if I cannot afford udhhiyah?



If you cannot afford to do sacrifice, you need not worry. You incur no sin.  Allah does not place on anyone a burden if he or she has no strength to bear the same.

 

The Prophet (peace be upon him), said, “Whatever I prohibit you refrain from it; do whatever I bid you as best as you can. Previous nations perished because of their hair-splitting questions and straying away from the ways of their apostles.” (Muslim)

 

He further said, “If Allah is silent about something, deem it as being excused; for He has done it out of mercy for you, and not out of forgetfulness. Saying this, the Prophet, peace be upon him, recited the verse, “Your Lord is not forgetful.” (Al-Hakim)

 

 

While the Prophet told us to offer sacrifice, he said, ‘Those of you who wish to do sacrifice.” He did not say so definitely. The Prophet, peace be upon him, indeed offered sacrifice, and the companions also followed his example.

 

However, we learn that the Pious caliphs, Abu Bakr, and Umar, as well as companions like Ibn Abbas, did not offer sacrifice every year. Instead, they skipped it one year or two. When asked about it, their answer was lest people consider it mandatory to do so.

 

In conclusion, sacrifice for Eid Al-Adha is an excellent sunnah; however, it is not obligatory – even if one can afford to do so. So, there is nothing wrong if one were to skip it one year.

 

Allah Almighty knows best. 

Assalamu Alykum, Is it permissible for a wife to pay for herself and her husband's hajj expenses, because he does not enough funds to pay for either one.



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

In Islam, the wife is entitled to her earnings or wealth; the husband has no right to take or demand or use it unless she freely gives it to him. However, he is obligated to provide for her and maintain her.

Hajj is fard only on those who have the financial means to pay for it; however, if your wife is rich and she wants to take you with her for Hajj, you can do the Hajj, and she will also gain extra rewards for it.

 

If he did perform Hajj through her funding, he has fulfilled his duty, and she receives rewards for the same as well.

 

Allah Almighty knows best. 

does human hair in food make food impure?



Human hair is considered pure; so, if it falls in food, it does not render the food impure.

 

According to the consensus of scholars, the human hair is pure.

 

Allah Almighty knows best. 

Can muslim women feed poor as sadaqa or kaffara through organisation running by mushrik, & non Muslim?



There is nothing wrong in doing so as long as you can trust that it will be given to those who are the rightful recipients of such funds.

 

However, in case of doubt, it is best to entrust it with the credible Muslim agencies who are knowledgeable of the rules of distributing such funds.

 

Allah Almighty knows best. 

I did not understand rigidity clearly. Is it about not making uses of excuses? And if we make use of excuses how is it different from veiling ourselves in excuses? If we do sins and ask forgiveness is it still veiling under excuses? My counsellor is saying I am expecting myself to be a superhuman and only angels are sinless. She is saying repenting generally and doing more good deeds will suffice. Please explain how far should we make use of excuses.



The litmus test for this is to consult one’s own conscience: a conscience that fears the standing before the Lord for the final reckoning.

 

Allah says, “Truly, man is a witness against himself, even if veils himself with excuses.” (Qur’an: 75: 14-15)

 

The Prophet (peace be upon him) said, “Consult your (moral) conscience even if they offer you a different ruling.” (Ahmad)

 

In other words, each person with a sound moral conscience and aware of the watchful eyes of Allah should be able to judge their own actions.

 

Allah Almighty knows best. 

can working/professional unmarried women talk with potential marriage candidate/suitor before marriage about what does he think about family life, whether he prefers working wife or house wife or how many child he wants or when he wants child or his knowledge about right of wife and perception of women in general or whether he will have tendency to cheat wife (cause sadly some people have tendency to justify cheating by showing different reasons) or what does he think about women's worth, beauty, intelligence or other qualities so that she can examine his attitude & cancel his proposal if he is incompatible for her and their choices and mentality doesn't match? Is it ok as she will not have to regret in future and choosing marriage partner is her free choice?



You are allowed to have a free discussion on the matters or issues that may have an impact on a happy and blissful marriage partnership.

 

The Prophet (peace be upon him) advised us to see the potential marriage partners to determine whether they are compatible or not. He said it might enable them to forge a lasting partnership. The questions you have raised are legitimate.

 

Blissful Marriage: A Practical Islamic Guide by Ekram Beshir

 

Allah Almighty knows best. 

Sheikh my friends jokingly refer to a friend of theirs Jesus of Bethlehem because when he gets scared he says Jesus what is the Islamic ruling on it and secondly if a person uttered a kufr word in the Quran and repented from it what should he do when comes across that verse containing kufr words should he pretend he never did it.



We must avoid such jokes and repent if we have uttered them intentionally. Jesus, peace be upon him, is a mighty messenger of Allah; we ought to revere him; we must not call anyone by his proper name. It is different from saying that someone resembles Jesus in some of his traits or qualities.

 

We may do well to refrain from such expressions altogether and seek forgiveness of Allah. Here is a duaa to read:

 

Allaahumma ighfir lee dhanbee kullahu diqqahu wa jillahu awwalahu wa aakhirahu wa sirrahu wa alaaniyyathahu wa kahta’ahu wa amdahu wa maa alimthu minhu wa maa lam a’lam

 

(O Allah, forgive all of my sins for me: the major and the minor; the first and the last, the secret and the open; that which I did by mistake or that which I did deliberately; and the sins of mine that I am aware of as well as those that I am not aware of).

 

Allah Almighty knows best. 

Asalam o alikum . My question is as a woman can i learn quran and islamic things from a male person . Is it permissible?



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

 

A woman can learn from a male person as long as there is no isolation, whether in a physical space or internet chat room. The Prophet (peace be upon him) said: “When a man isolates himself with a woman, Shaytan will join them as a third companion.” (At-Tirmidhi)

 

Since we humans are weak and can fall into temptations, we must avoid such circumstances altogether. The Prophet (peace be upon him) said: “One should shun that which is doubtful for by doing so, one is better enabled to guard his faith and honor. And by committing the doubtful one may end up doing the Haram. (Muslim).

 

Therefore, I would advise you against learning from a male person unless you are doing so in a classroom setting with other men and women. Otherwise, you should look for a female teacher; there is no shortage of female teachers.

 

Allah Almighty knows best. 

If potential groom has any physical & mental sickness /defect, should he tell it, so that woman can take decision whether she will marry him or not?



If one’s physical and mental challenge may have any possible impact on establishing a lasting marriage relationship, it is crucial to divulge them. Also, at all times, one must disclose any contagious diseases that may pose a danger to the health of the partner.  It is allowed to suggest a medical checkup to forestall such risks.

 

Allah Almighty knows best.

Assalam aleykum, My question is about the different schools of thought in Islam. First of all, do we need to follow one in particular? If yes, how to choose one? What does Ahlus Sunnah Wal Jama'ah represent? Is it a school of thought? Which school represents the most what the prophet (peace be upon him) used to do? Second, if a school permits something, and another prohibits it, and we decide to listen to the school that permits it, are we sinning and will we be held accountable, since the other school makes it impermissible? Thank you for taking time to answer my questions.



Wa `alaykum as-Salamu wa Rahmatullahi wa Barakatuh.

You have raised two important questions; both of them require detailed answers:

 

As for the first, I would like to cite here one of my previous answers:

 

One of the issues that comes up so often for an answer on Islamic forums is the question of following a madhhab. As the issue refuses to go away, I thought of stating my answer clearly.

 

To start with, let me state upfront: It is not after all such a black and white issue as many people would want us to believe. Rather, it is definitely much more involved than that; let me explain my point of view:

 

1- The question of following a madhhab (school of jurisprudence) comes only in regard to issues of fiqh where things are not self-evident in the sources. Therefore, one needs to rely on the experts. In this case, again, the issue is not black and white: It depends about whom one is referring to.

 

2- The scholarly adage goes, ‘a common man has no madhhab’, for his madhab is that of his teacher or mufti. For what is required of him to do is to rely on those who are more knowledgeable than him. Since he possesses no knowledge to base such a decision on, it would be wrong for him to say I am a hanafi or shafi’i or hanbali or maliki. To do so is not different from someone saying I am a writer, I am a doctor, etc., without any knowledge in such areas.

 

3-  However, I must qualify what I said above by stating what some scholars (Shah Waliullah, for instance) have pointed out: Since Islam reached the people in various parts of the world through scholars, following different schools, people conveniently identify themselves as hanafites, Shafi’ites, Malikites, etc., For instance, people in South India (Kerala, for instance) mostly consider themselves as Shafi’ites, even as those from North India often prefer to call themselves as Hanafites, albeit with some exceptions.

 

4- Madhab, however, comes into the picture when a person is embarking on the study of fiqh. Since no one starts with comparative jurisprudence, they start the study of a text from a specific school. It is, therefore, inconceivable at this stage for anyone to choose another school, of which he has no knowledge of.

 

5- A person who is thus exposed only to a single school cannot be considered an expert in fiqh. As one scholar put it, ‘ whoever is not aware of divergences of views in regard to fiqh, they did not even smell fiqh’. In other words, to know fiqh is to know the differences of jurists, along with the evidence.

 

 6-  Once a person has advanced to a higher level of knowledge, where he is exposed to comparative jurisprudence and thus is aware of differences of opinion, he is not bound to follow a single madhhab in every issue he is faced with. He may choose the views of authorities or jurists whose rulings are the strongest, or more relevant to a specific situation, or more understandable to him, as he is not expected to recommend an opinion, if he is not quite sure of its rationale. Scholars have said, “No one is not allowed to give fatwa by our ruling, unless he is aware of the evidence we have relied upon.”

 

7- Having said this, I need to re a misconception. A person who does so must still follow the authorities, for knowledge must always be based on sound methodology; hence a person who is aware of the divergences of views would be following the authorities as he cannot follow his own whims: he can only offer advice or rulings, in compliance with acceptable methodology of fatwa.

 

8- If, however, a scholar was to simply parrot out the rulings as compiled in the books, on the pretext that he must follow a single madhhab in all cases, without regard to the milieu, and the specific circumstances of people, he ends up distorting rather than serving the shari’a. I must end this by citing an illuminating quote from Imam Ibn al-Qayyim:

 

‘Whoever issues rulings to the people merely based on what is transmitted in the compendia despite differences in their customs, usages, times, conditions and the special circumstances of their situations has gone astray and leads others astray. His crime against the religion is greater than the crime of a physician who gives people medical prescriptions without regard to the differences of their climes, norms, the times they live in, and their physical conditions but merely in accordance with what he finds written down in some medical book about people with similar anatomies. Such is an ignorant physician; the other is an ignorant jurisconsult but more detrimental’.

 

Now let me come to the second part of your question:

 

Ahl al-sunnah is a name that was used to describe the people who sought to follow the beliefs and doctrines of the pious predecessors (Salaf al-salih) in the aftermath of the Fitnah or civil war (656–661). The Fitnah spawned various sectarian groups who held views different from the mainstream Muslims. According to Imam Abd al-Qahir al-Bagdadi they used this designation to refer to those ‘who did not practice denouncing each other as infidels. They agree on certain core beliefs or doctrines although they differed in articulating them. In spite of the variations in formulating them, they refrain  from hereticating each other as infidels.”

 

Elaborating on this further, Ibn al-Subki says: “Ahl al-sunnah wa al-jama’ah agree on core beliefs…even though they may differ in the way, they are articulating them. We can classify them into three groups:

 

First, the followers of hadith who base their doctrines on the Book and the Sunnah and the consensus;

 

Second, people who follow the rational method of establishing beliefs: they are known as the Asharites and Maturirdites. They agree on all doctrines based on the scripture;

 

The Sufis who follow the process of spiritual intuition and unveiling. They start their journey by adhering to the tenets of the above two groups; however, their journey ends in experiencing the verities of faith through spiritual practices.

 

For those who wish to study the doctrines of the Ahl al-sunnah, one may refer to the work of imam Tahawi, known as al-Aqidah al-tahawiyyah.

 

Having said this, I would point out: Sadly enough, we find the extremists on all sides today using the term Ahl al-sunnah to denounce those who differ with them.

 

For instance, the people of Hadith or Salafis often use the term as a weapon to hereticate the  Asharites and Maturidites, and the Sufis.

 

Likewise, those who claim to follow the Asharite or Maturidite Schools and even the Sufis also use it to denounce the Salafites as heretics.

 

We must stay from using the term for polemical purposes. Let us not forget that one of the core essentials of the Ahl al-sunnah is that they refrain from using the method of takfir. As Imam Tahawi states, a person goes out of the fold of Islam by denouncing the fundamentals.

 

Allah Almighty knows best.