Prohibition of Differences and Ikhtilaafaat
by Shaykh 'Abdullaah Ibn Abdur-Rahmaan Al-Jarboo (حفظه الله تعالى)
on Saturday, August 22nd, 2004
http://albaseerah. org/forum/ showthread. php?p=29224# post29224
QUESTIONS & ANSWERS
1. Question: The brother is asking: If I were to pray alone in my home, is it waajib (obligatory) upon me to call the adhaan or iqaamah or is it just a Sunnah? Also, if I were to pray alone in salatul-jahr (audible salaah) then is it waajib upon me to recite the Qur’aan aloud?
Answer: Regarding the first part of the question which deals with the adhaan and iqaamah, if you are in a village, town or city in which the adhaan is made and you can hear it from where you are, then all you have to do is make the iqaamah and pray. But if you’re in a place where the adhaan is not heard and is not sounded, then you have to make the adhaan and the iqaamah and this is when the adhaan is not sounded in the town in which you are.
As for the second part of the question concerning recitation of the Qur’aan after sooratul-Faatihah; if you pray alone then it is mustahabb i.e. it is recommended that you recite the Qur’aan after sooratul-Faatihah. Meaning, that sooratul-Faatihah is a rukn (pillar) and what is after it, if is not read the salaah will still be correct without it (i.e. your salaah will not be negated). But, it is not liked that one leaves off recitation of the Qur’aan after sooratul-Faatihah (or makes it a habit i.e. he does this all the time) except if he is very tired, or sick or something prevents him from completing it. If he persists upon this it will be considered as naqs(deficiency) and it will take away from the completeness of his salaah. The Shaykh حفظه الله تعالى added that what is intended is the recitation after sooraatul-Faatihah in the first and second raka’aat.
2. Question: Is rejecting a hadeeth considered kufr (disbelief) or is it just misguidance, could you please elaborate?
Answer: If it becomes clear to the person that the hadeeth is from amongst the authentic aahaadeeth and he understands that the hadeeth has been established as being from the Prophet صلى الله عليه وسلم yet he rejects and denies it, then this is kufr; it is clear and it takes him out of the millah (Religion) of Islaam.
If this person makes ta’weel meaning that he tries to give an explanation of the hadeeth by saying “this hadeeth means such and such, or maybe it means this…” then this is not kufr but it is as they say ‘a way of interpretation’ (ta’weel). In any event, the pronunciation of kufr on an individual is not something which anyone may do (i.e. it is not for everyone to start making takfeer of the people by pronouncing them to be disbelievers) . Rather these affairs should be raised to the judges (قضاة – qudaah) and the jurists (المفتين) who would make the clarifications.
As for the one who explains the hadeeth – who makes ta’weel of it, then this is an error and this person does not reach the stage of kufr due to his ta’weel(interpretation) . However, he should be taught and should be redirected to the pure meaning of the aahaadeeth which the Salaf made clear; but if he stays uponhis understanding and interpretation, although he does not reject the hadeeth, then this will be considered as misguidance and not kufr.
3. Question: Allaah سبحانه وتعالى said:
وَطَعَامُ الَّذِينَ أُوتُواْ الْكِتَابَ حِلٌّ لَّكُمْ
{…The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you...} [Surah al-Maa’idah 5:5]
According to the above mentioned aayah (verse), is it permissible for us to buy and eat the meat of the People of the Book (Ahlul-Kitaab) i.e. the meat sold in the supermarkets; and is it permissible for us to eat Kosher?
Answer: Here, the intended meaning of ‘the food of The People of the Book’ is the food which the merchant slaughters according to their Deen and their Sharee’ah(Legislation) . If it is established that one from the People of the Book or a Muslim strangles the animal i.e. he has not slaughtered it, then this will be consideredmaitah (ميتة – dead meat) and the maitah is not permissible. Whether it is a Muslim or not who did the strangling, this meat will not be permissible.
We also need to mention that in your society and other than yours, there are atheists. They have no Deen – no belief, even though outwardly they may appear to be Jews and Christians. From them it (the slaughter) will also not be accepted.
However if it is confirmed that they are Jews and Christians (People of the Book), meaning that they are doing the slaughter according to the way of the Jews and Christians based on what is in their books, then it is permissible. This is because it will be considered that the slaughter was really the slaughter of the People of the Book.
As for the one about whom it cannot be ascertained whether he slaughtered, strangled, electrocuted or immersed the animal in hot water i.e. we do not know the method used, then it will be impermissible for us to partake of this meat since we cannot determine whether it was slaughtered or maitah. However, when it can be ascertained that the person who did the slaughtering was a Muslim, Jew, or Christian and the slaughter was done according to the way mentioned in their book and according to their Deen then this is permissible (jaaiz).
4. Question: Is it permissible for the Muslims to pay taxes in this town/city and b) If we don’t pay taxes within the time limit, then we must pay interest on it; so how do we take care of the situation?
Answer: Regarding what the Muslim is required to pay as taxes and other things that one has to pay, whether in a Muslim land or other than that, then it ispermissible for the Muslim to pay them, if by his not paying them it will cause harm or molestation/ inconvenience upon his Deen or his life. The Messenger of Allaah said “There should be neither harming nor reciprocating harm.”[3] Also, Allaah سبحانه وتعالى says:
وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ
{...and (He) has not laid upon you in religion any hardship…} [Al-Hajj 22:78]
The People of Knowledge bring forward cases of that. For example, if a Judge, Commissioner or anyone in the Police Service, even in a Muslim country, demand that you pay a bribe (رشوة – rishwah) where it is not possible for you to get your right except by paying this bribe, then it is permissible for you to pay it and the sin will not be on you.
Or for instance, if you want to enter a town with your car and you are required to pay a toll or a fee and you must get insurance on your car otherwise you cannot enter, then it is permissible for you to go ahead and pay and the sin will be upon them. Likewise, if they impose taxes on you for your house, car, salary and other than this, then you pay them because if you do not pay the taxes harm and difficulty may befall you and this Deen is a Deen of ease and Allaah سبحانه وتعالى said:
وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ
{...and (He) has not laid upon you in religion any hardship…} [Al-Hajj 22:78]
The sin will be upon those who imposed it on us since there is dislike linked to that (i.e. paying them the taxes, bribe, insurance etc.).
5. Question: What is the best way to advise the imaam in the three following situations:
He recites Suratul-Faatihah loudly in salaatud-Dhuhr and Salaatul-‘Asr.
He makes bowing (rukoo’) and the prostrations (sujood) very fast.
He does not order the ones performing the prayer (musalleen) with straightening the rows and filling the gaps.
Answer: As for some of the matters mentioned, some will invalidate the salaah and some will not.
As for his reciting aloud in Salaatud-Dhuhr and salaatul-‘Asr, then it will not render the salaah invalid but this action is contrary to the Sunnah. You should explain this to him and show him that this is opposing the Sunnah. Tell him that you love the Messenger of Allaah صلى الله عليه وسلم and you want to follow his way, tell him that it is necessary for him to fulfil the Sunnah and it was the Sunnah of the Messenger صلى الله عليه وسلم that he would not recite aloud in salaatud-Dhuhr and salaatul-‘Asr, (the salaah performed in the daytime) but he would recite aloud in the night prayers (Fajr, Maghrib and ‘Ishaa). Inform him that you love the Messenger of Allaah صلى الله عليه وسلم and search for the aahaadeeth that describe how the Prophet صلى الله عليه وسلم prayed. This action of his will not invalidate the salaah nor would it prevent you from praying behind him but you should explain to him that this is contrary to the Sunnah. If he persists and does not heed the advice then you can pray behind other than him and this will be preferred.
As for not ordering the people with making the lines straight, then this is also not in accordance with the correct way. Some of the People of Knowledge and the imaams know that in their congregation (jamaa’ah) there are people who know that they must make the lines straight so there is no reason to order them with it because they know and they obey the rule so they don’t need this (reminder). If it is opposite to this and the people don’t make their lines straight and he is not ordering them, this is something waajib (obligatory) , so it is upon you to remind them and show them that the lines should be straight and that this is the guidance of the Messenger صلى الله عليه وسلم as he used to order with the straightening the lines.
As for the issue of hurrying in the pillars (arkaan) of the salaah, then this reduces the salaah by making it deficient in tranquillity (طمأنينة – tama’neenah).Tama’neenah is one of the pillars of the salaah. This means that if there is no tranquillity in the salaah i.e. being calm and serene, then the salaah isnullified.
So the least that is upon the person and what is waajib (obligatory) upon him, is after making takbeeratul Ihraam (تكبيرة الإحرام – the takbeer by which he enters the salaah) is that:
He recites sooratul-Faatihah without haste; this is the minimum required from him.
Then he recites another soorah after it.
Then he says Allaahu Akbar and bows for rukoo’.
When his bones are settled in rukoo’ he says Subhaana Rabbial- ‘Adheem (سبحان ربي العظيم) at least once without haste, this is the minimum.
Then he rises saying Sami’Allaahu liman hamidah (سمع الله لمن حمده) until he is completely upright.
Then (when he is straight and his bones are in place) he says at least Rabbanaa wa lakal hamd (ربنا ولك الحمد), whether or not it is waajib he must still observe the arkaan.
Then he says the takbeer (Allaahu Akbar) and goes into sujood (prostration) with all his seven limbs on the ground and his bones in place.[4]
Then he should say Subhaana Rabbial-a’laa (سبحان ربي الأعلى) once while in this state (prostration) and this is the minimum, but it is waajib to say theadhkaar when in rukoo’ and sujood three times or more times.
It is waajib upon him to have tama’neenah (tranquillity) . If he is not tranquil in his salaah, then his salaah is (word unclear). If the salaah is done in haste and you are able to, then recite the adhkaar (remembrances, those things which are uttered) of each pillar even if only once, and put all limbs on the ground insujood. Indeed this is a hastiness which is makrooh (disliked) if it prevents one from having tama’neenah (tranquillity) . (Translator: If it is does not affect the tranquillity in salaah too much then it would not be nullifying the salaah, but it is warned against and it is dangerous as you are getting very close to nullifying the salaah.)
6. Question: If someone came to know after performing the obligatory salaah (صلاة الفريضة) that he did not make wudhoo’ (ritual purification) before the salaah, what is the situation with his salaah?
Answer: If it becomes clear to this person after he made the salaah that he was in a state of sexual defilement or in a state of ritual impurity i.e. he wasn’t pure, then he should repeat the salaah which he performed without purification (طهارة – tahaarah). As for the salaah that came after it, then he does not have to repeat them but he repeats the salaah for which he remembers that he was impure. This is what is safer, in fact this is what is correct; this is Saheeh.
7. Question: Is it permissible for someone who owns a bird to cut its wings so that it won’t fly out and would that be considered changing the creation of Allaah سبحانه وتعالى? Also, would the bird droppings be considered impure (najis)?
Answer: As for cutting the wings of the bird as some people do when they buy pigeons or birds and cut their wings and feathers so that they don’t fly away and as a means of taming them, then there is nothing wrong with this Inshaa’ Allaah. This is permissible and it is not changing the creation of Allaah سبحانه وتعالى just as it is permissible for you to cut the hair of the sheep, camel and other animals in order to benefit from them. So there is nothing (wrong) with this, Inshaa’ Allaah this is permissible.
As for the bird droppings and what comes from it, then there is an ‘asl (principle) in Islaam which states: Whatever exits from an animal whose meat is permissible to eat, is pure[5] i.e. it is not najis (impure) whether urine or faeces Inshaa’ Allaah.
References and Notes
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