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Ask the Scholar about General Fiqhi Issues

Dr. Mohammad S. Alrahawan
17 June, 2020

Dear Brothers/Sisters,

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

Wednesday, Jun. 17, 2020 | 14:30 - 16:30 GMT

Session is over.

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Q:

Assalamu alaikum warahmatullahi wabaratuhu, My question goes like this, Sir whenever I pray sallah I always feel like I’m passing wind ( fart ) to the extent that I’m uncertain if it’s real or not. Pls what do I do.

A:

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

It is related from Abbad ibn Tamim from Abdullah ibn Zayd bin Asim al-Mazini (may Allah be pleased with him) that he said, “A complaint was made to the Prophet (peace be upon him) about a man who sensed something (that is, he felt his ablution was nullified)  during prayer. The Prophet said, ‘He should not leave (the prayer) until he hears a sound or smells something.”

Based on this hadith, scholars concluded the legal maxim which says, ‘Certainty is not overruled by doubt.’

When one doubts about breaking of his ablution after certainly of performing it, Shafi`i scholars maintained that the status quo ante i.e. state of purity is to prevail.

Doubt has to be overridden and one may offer prayer without renewing his ablution.

Almighty Allah knows best.

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Q:

I Feel wet while reading something romantic, it is not ejaculation bcz i don’t  feel relax after release, just feeling wet. What are the rulings on this? What do i need to do after that?

A:

What you have is most probably madhy. It is an emotional urethral discharge that flows upon erection or sexual desire. Both male and female discharge madhy.

Pre-seminal discharge (madhy) is impure according to the unanimous agreement of all Muslim scholars. This is based on the Prophet’s command to wash one’s private part. Scholars differed about whether to wash the whole penis or to just clean the areas sullied with urethral discharge.

The majority of scholars maintain that it is sufficient to just clean the area polluted but some Malikis held that the whole penis must be washed. They based their view on the apparent meaning of the Prophet’s words, ‘let him wash his private’. This is one of the two views of Ahmad. 

The Prophet was reported to have commanded Ali to just sprinkle his private parts. Scholars explained the imperative ‘indah farjak’ to mean ‘wash your private part.’ They based their view on other reports of the hadith which indicate that madhy is impure and the rule of washing impurities is to fully wash them with water.

Almighty Allah knows best.

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Q:

There are two opinions among scholars with regard to wipong over the entire head, what are these two opinions? Also provide the evidence for each of the two opinions on this topic

A:

Jurists differed concerning the amount of the head required to be wiped as follows:

1- Malik and Ahmad stated that it is obligatory to wipe the entire head (Malik, Mudawwanah, 1:124; Ibn Qudamah, 1:92).

2- As-Shafiʿi, some followers of Malik, and Abū Hanifah hold that it is obligatory to wipe a part of it.  They further differed on the minimum part to be wiped as follows:

A– The followers of Malik indicated that the minimum part to be wiped is a third (Ibn Rushd, 1:19)

B- Abu Hanifah limited it to a fourth (al-Kasani, Bada’iʿ, 1:117).

C- Ash-Shafiʿi stated that any wiping of any part of the head or hair is sufficient (An-Nawawi, Minhaj: 12).

The reason for their disagreement is the vagueness of the particle ba in the verse of ablution. The verse reads, ‘wipe ba (over, or a part of) your heads’. If the particle ba is for ilhaq ‘association’, it is intended to associate the object to the verib. So, the verb is made transitive when used with

 the preposition ba. Therefore, in the verse of ablution, it would be interpreted as ‘wipe over your heads’ which means that the entire head must be wiped. This is the view of Malik and Ahmad.

In other cases, the particle ‘ba’ is used to mean ‘a portion of’, such as “akhadhtuhu bi thawbihi” (I grabbed him ba (by) his garment). It means that a part of his garment was grabbed. So, in the verse it may also be interpreted as “wipe a part of the head.”

This is the view of the remaining jurists who differed about the minimum portion that should be wiped. 

Almighty Allah knows best.

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Q:

I have a YouTube channel and I saw a comment that said something shirk I did not believe it but I fear others might believe it. what should I do ignore it or can I make duaa and ask Allah to not let any people believe it.

How will I be affected if someone believes it. Will I be fine if I at least made duaa asking Allah to not let any people believe it even if they do believe in the shirk comment.

A:

As long as you have this YouTube channel, you have full responsibility before Allah for all materials exhibited therein. You have an option of blocking all comments so that you do not allow anybody to add comments including shirk.

Otherwise, you will share the evil consequences with those who perpetrated it. The Prophet (peace be upon him) said, “Whoever sets a good precedent in Islam, he will have the reward for that, and the reward of those who acted in accordance with it, without that detracting from their reward in the slightest. And whoever sets an evil precedent in Islam, he will have a burden of sin for that, and the burden of those who acted in accordance with it, without that detracting from their burden in the slightest.”‘ (An-Nasai)

On the authority of Abu Sa`id al-Khudri (may Allah be pleased with him) who said, “I heard the Messenger of Allah say, “Whosoever of you sees an evil, let him change it with his hand; and if he is not able to do so, then [let him change it] with his tongue; and if he is not able to do so, then with his heart — and that is the weakest of faith.” (Muslim)

Almighty Allah knows best.

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Q:

Assalamualaikum

I have a doubt that I’ve never got an answer hope I’d get it from here.

We all know that on the onset of yaumul qiyamah muslims face a lot of adversities and the world will be against them but at that time if a true believer cries for his muslims brothers safety will that dua be accepted ?

A:

Wa `alaykum As-Salamu waRahmatullahi wa Barakatuh.

Many people hasten to expect a quick response for their supplications. Abu Hurayrah reported that the Messenger of Allah, may Allah bless him and grant him peace, said, “You will be answered as long as you are not impatient and say, ‘I have made a dua and I have not been answered .’ ” (Al-Bukhari)

Some people think that supplication is supposed to be answered in a certain way, but Allah may give a person of three alternatives. Abu Hurayrah reported that the Prophet, may Allah bless him and grant him peace, said, “No believer turns his face to Allah and asks Him for something but that He gives it to him, either by giving it to him sooner in this world or storing it up for him in the Next World, as long as he does not try to make it come quickly.” They asked, “Messenger of Allah, what does ‘making it come quickly’ mean?” He said, “He says, ‘I asked and asked and do not think that I will be answered.'” (Al-Bukhari, al-Adab al-Mufrad)

Almighty Allah knows best.

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Q:

Can u please provide me the evidence which says that it is prohibited for a menstruating women to fast. I  came to know of only 2 hadiths. 

  Mu’adhah said:

I asked `Aishah, ‘Why must we make up the fasts missed due to our menstruation, and not prayers?’ Aisha said, ‘That was what the messenger of Allah told us to do. We were ordered to make up the fasts, and we were ordered not to make up the prayers.’ (Narrated by the Group)  

Abu Sa’eed said: The Prophet (peace and blessings of Allaah be upon him) said: “Is it not the case that when one of you menstruates, she does not pray or fast? That is what is meant by lacking in religious commitment.” Narrated by al-Bukhaari.

In both it doesn’t clearly state that it is prohibited to fast. Also purity is not a requirement for fasting.

The Quran gives us the detail who are exempted to fast i.e . the sick , the traveller and one who fasts with difficulty. Doesn’t that mean that it is obligatory on everyone other than these to fast in the month of Ramadan. The Quran also says that it is better for us to fast.

Some women face difficulty in their menses but some don’t.

A:

The proofs you mentioned particularly the report of Mu`adhah proves that it is prohibited for a woman to observe fasting during her menstruation cycle. It is understood that Mu`adhah inquired about the reason a woman must not make up prayers while she is required to make up fasting, but Aishah answered her back by saying, “Are you from Harurah’? (i.e. are you a Kharijite?)”

The reason is that Mu`adhah expressed her question in the form of an exclamation. Aishah might have thought she belonged to the Kharijites who maintain that a woman has to make up all prayers she missed during her menstruation.

When Mu`adhah informed Aishah that she was just inquiring to know, Aishah did not explain the reason for making a distinction between fasting and prayers. She answered her by quoting the legal ruling without providing further explanation. She did not want to enter into a long discussion with her by giving reasons which may be easily countered and thus not lead to a conclusion.

She only gave her the conclusive ruling as received from the Prophet (peace be upon him). Sometimes when we discuss the wisdom of something, we may get into a series of arguments that ends up with discussing the wisdom of doing something without agreeing on the primary precept of following the text, even if the reason is not clear or cannot be clearly deduced from it.

According to Ibn Daqiq, scholars discussed the reason for the distinction between fasting and prayers. They stated that prayers have to be offered repeatedly and its making up would lay a difficulty and a hardship on a Muslim woman. This is the reason it has been pardoned. However, obligatory fasting is offered only once a year, so that the making up of its missed days does not lead to hardship.

Aishah (may Allah be pleased with her) provided the evidence of this ruling by simply saying that they have not been commanded to make up missed prayers. It is possible she based her view on one of the following two reasons:

A- Aishah may have noticed that in order to hold a menstruating woman liable for making up prayers, there must be evidence such as a saying or at least a tacit approval of the Prophet. This is based on the view that qada can only be held obligatory when a new evidence or a new command is issued.

For example, the Quran prescribed the performance of prayer in its due and designated time. When a person forgets to pray an obligatory prayer, he has to make it up. This is proven by the command of the Prophet where he said, “Whoever forgets a prayer, let him pray it when he remembers it.” (Muslim)

In the case of our example, women are commanded to make up fasting but they are not commanded to make up prayer.

According to Ibn Daqiq, the most appropriate premise on which Aishah based her conclusion is that since most women regularly menstruate and are exempted from observing prayers during their menses, this is the reason she wanted to explain regarding whether women are required to make up missed prayers or not.

The Prophet did not provide a decisive rule about this but commanded the menstruating woman to make up missed fasts. The Prophet’s silence is explained by Aishah as a command to not make up missed prayers but to make up missed fasts. 

Almighty Allah knows best.

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Q:

I get a lot of doubts regarding salah, when reciting Surah al Fatiha I get doubts that I made a mistake while I’m in the same rakah. This has caused me a lot of distress, because then I break my salah and start it over. I want to know if the stuff that I’m about to mention invalidate salah:  rolling the raa’ in “Al-rahman al-rahim”

Also sometimes when I say “iyyaka nabud wa iyyak nasta`in” my voice breaks while I’m doing the shaddah on the the yaa’ in iyyaka , And sometimes my voice trembles a bit when I do madd or shaddah, and when Saying the raa’  in rabb al-alamin  or in al-rahman al-rahim  does my tongue have to fully touch the roof of my mouth? and when saying rabb al-alamin  if I don’t make my mouth rounded is it considered a mistake? These doubts started when I found out that a mistake in surah al Fatiha invalidates salah.

A:

You can fix all those mistakes by referring to a Quran instructor easily. As long as you can recite Al-fatihah without changing the meaning of a word due to a mistake in pronation, your prayer is correct. Ibn al-Naqib; a Shafiʿi scholar said, ” If one omits one of the Fatiha’s letters; consonant or long vowel or mistakes in a short vowel (haraka) do not harm as long as they do not alter the meaning, fails to double a letter that should be doubled, or substitutes a wrong letter for the right one, it invalidates (one’s recital of that particular word, and one must recite the word again. But it does not invalidate one’s prayer unless it changes the meaning and was done deliberately.”

You are not supposed to be an imam for other ladies who better recite the Quran. What you feel is an insinuation of the Shaytan to spoil your prayer. You should not pay attention to it and attempt to improve your pronunciation of the fatihah even if you may play a recording during prayer.

Almighty Allah knows best.

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Q:

As-salamu alaykum

Dear sir/madam,

During my marraige, I paid small part of Mahr to my wife and confirmed her to pay the remaining amount of the Mahr within next few years. She agreed. But after few months of our marriage, my wife suddenly died due a brain stroke. For this reason, I couldn’t pay the remaining amount of the mahr. Some Imam told me to give the remaining mahr amount to her parents and brother. But they are rich enough and they are not interested to receive the mahr. In this situation, please let me know how can I pay the mahr.

A:

Wa `alaykum As-Salamu wa Rahmatullahi wa Barakatuh.

The mahr should be distributed to her legal heirs according to the Shariah. If some of them think it is worthless or not willing to receive it, you can donate it for a running charity and dedicate it for her. For example, you can buy copies of the Quran, dedicate them for a mosque, or dig a well and dedicating it for her soul.

Almighty Allah knows best.