The limits of permitted intimacy during a woman’s menstrual period

Question

What are a husband and wife allowed to do sexually with each other when the woman is on her menstrual cycle?

Answer

All scholars agree on the following two points: 

1. Sexual intercourse if forbidden between a man and his wife while she is menstruation. 

This ruling is established by the Qur'an: "And they ask you about menstruation. Say: It is a discomfort; therefore keep aloof from the women in their menstrual discharge." [Sūrah al-Baqarah: 222] 

2. It is permissible for the husband and wife to enjoy intimacy with each with the woman wearing a waistcloth that covers her body from between the navel and the knee, with the husband making no direct physical contact with the area between the navel and the knee. 

This includes all intimate contact through kissing, caressing, embracing, touching and so forth. 

We find proof that intimate contact between a husband and wife, short of intercourse, is allowed what Anas relates from Prophet Muhammad (peace be upon him). The Prophet learned that the Jewish men in their locality avoided eating together with their women while the women were on their menses, so he said: “Engage in everything except intercourse.” [Sahīh Muslim (302)] 

This hadīth has a story behind it. Anas tells us:

Whenever a woman among the Jews was in her menses, the Jews would not eat together with her or remain in her company at home. The Prophet's Companions asked him about it, and then Allah revealed the verse: "And they ask you about menstruation. Say: It is a discomfort; therefore keep aloof from the women in their menstrual discharge." [Sūrah al-Baqarah: 222] 

Then the Prophet (peace be upon him) explained: "Do everything aside from engaging in intercourse." 

When the Jews heard this, they said: "This man does not want to leave anything of our ways without doing something differently."

There is another extremely important hadīth related to this matter. 

`A'ishah, the Prophet's wife, relates: "Allah's Messenger (peace be upon him) used to instruct me to wear a waistcloth, then he would touch me during my menstrual period." [Sahīh al-Bukhārī (300) and Sahīh Muslim (293)] 

The same practice is narrated from the Prophet's wife Maymūnah. [Sahīh al-Bukhārī (303) andSahīh Muslim (294)] 

Because of the prophet’s practice of having his wife use a waistcloth, scholars differ regarding physical contact with the woman's bare skin in the area between the navel and the knee, apart from the vagina itself. 

The first opinion is that it is permissible for the husband and wife to allow direct physical contact with the woman's body in the area between her navel and knee while she is menstruating. This is the opinion adopted by the majority of scholars, including Ahmad b. Hanbal, Ishāq al-Rāhawayh, Abū Thawr, and al-Awzā`ī. 

They argue that the hadīth where the Prophet (peace be upon him said: "Engage in everything except intercourse" is general in its meaning. It clearly states that only intercourse is prohibited. Everything else between a husband and wife is therefore permitted. 

As for the hadīth that describe the Prophet's practice of having his wife don a waistcloth, this shows what is preferable, since this is the Prophet's action. It does not indicate that it is prohibited to touch what is between the woman's navel and her knees while she is menstruating. 

This is strengthened by another hadīth related from a number of the Prophet's wives that: "The Prophet (peace be upon him), when he wanted to be with his wife while she was menstruating, would have her cover her private area with a cloth." [Sunan Abī Dāwūd (272)] 

Though there is some disagreement about this hadīth, many scholars uphold its authenticity, including Ibn `Abd al-Hādī, Ibn Rajab, and al-Albānī. 

This hadīth shows that, contrary to the assumption of many jurists, it was not necessary for the waistcloth to cover everything between the navel and the knees. What mattered was to cover the private area, merely as a precautionary measure. 

Other scholars prohibited direct physical contact with the woman's body in the area between her navel and knee while she is menstruating. This is the opinion adopted by the Hanafī and Mālikī schools of though. It is also the official view of the Shāfi`ī school of law, as asserted by al-Nawawī in al-Majmū` and Rawdah al-Tālibīn. 

It seems that the strongest position is a moderate one: 

If the husband and wife fear that their desires are too strong and they are likely might fall into sin if they allow touching between the woman's navel and her knees, then they should not do so. This is to merely a precaution to prevent their falling into an act of disobedience. 

However, touching the area between the woman’s navel and knees is unlawful while she is menstruating. 

Al-Nawawī concedes in his commentary on Sahīh Muslim that: "This way of looking at the matter makes good sense." 

And Allah knows best.

--islamtoday.net

School of Faith in Ten Days of Thul-Hijjah

The believing human self needs strong provocations in order to awaken whenever it is enveloped by laziness in relation to performing acts of worship and whenever it is impaired by a tendency of seeking pleasure. Amidst the increasing worldly crowdedness of distractions, issues that make one heedless, and pure material gains, the soul of the believer aspires to a state of faith that raises it above the ground and makes it fly in the vast divine horizon.

There are times and days when the soul aspires very much to return to Allah and establish a new pledge with Him. The ten days of Thul-Hijjah are considered the most appropriate time for this return and sincere repentance.

The educational Islamic approach considered making use of these days a useful means to a faith-oriented upbringing and a good motivation for the spirit and the heart. Therein, disobedient hearts are cleansed of their impurities, negligent souls return to their Creator, and the spirit resorts to a pure transparent life wherein is nothing but obedience and faith.

All goodness

These ten days gather all goodness. They are the best days and the most superior in status. Allah Almighty swore by them in His book, when He said (what means): {And [by] ten nights} [Quran 89:2] The majority of the scholars of tafseer (interpretation, explanation) said that this verse refers to the ten days of Thul-Hijjah.

The Prophet  raised the good deeds performed therein to a very high status. Ibn ‘Abbas, may Allah be pleased with him, narrated that the Prophet  said, "There are no days in which righteous deeds are more beloved to Allah than these ten days." [Al-Bukhari]

It was also narrated on the authority of Ibn ‘Abbas, may Allah be pleased with him, that the Prophet  said, "There is no deed more precious in the sight of Allah, nor greater in reward, than a good deed done during the ten days of Thul-Hijjah." [Ad-Darimi; Al-Albani: good]
He ordered frequent thikr (remembrance of Allah) in those days as it was narrated on the authority of Ibn ‘Umar, may Allah be pleased with him, that the Prophet  said:

There are no days greater in the sight of Allah and in which righteous deeds are more beloved to Him than these ten days, so during this time recite a great deal of tahleel (There is none worthy of worship except Allah), takbeer (Allah is the Greatest) and tahmeed (Praise be to Allah). [Ahmad]

The Prophet  used to fast on the ninth day of Thul-Hijjah. It was narrated that one of the wives of the Prophet  said, "The Prophet  used to fast on the ninth of Thul-Hijjah, the day of ‘Aashooraa’, and three days of each month, these are the first Monday and two Thursdays of each month." [Al-Nasa’i and Abu Dawood; Al-Albani: authentic]

Imam An-Nawawi  said that fasting the ten days is highly recommended.

He commanded fasting the day of ‘Arafah. It was narrated on the authority of Abu Qatadah, may Allah be pleased with him, that the Prophet  was asked about fasting the day of ‘Arafah. He said, "It expiates the previous and the coming year." [Muslim] Ibn ‘Umar, may Allah be pleased with him, said, "When we were with the Prophet  we used to consider it equal to two years." [At-Tabarani; Al-Albani: authentic]

Imam Ibn Hajar  said in Fat-h Al-Bari, “It seems that the reason of the excellence of the ten days of Thul-Hijjah is that they gather the main acts of worship; namely, prayer, fasting, charity and Hajj. This only happens in the ten days of Thul-Hijjah."

The noble tabi‘i (from the generation after the Companions) Sa‘eed ibn Jubayr  used to be extremely diligent in these ten days, to the extent that he almost could not afford any more. It was narrated that he said, "Do not turn your lights off in the ten nights," meaning: maintain reciting the Quran and praying at night.
Ibn Rajab Al-Hanbali  said:

Since Allah Almighty caused the souls of His believing slaves to long to visit His sacred House, and given that not everyone is capable of visiting it every year, Allah enjoined performing the Hajj once in one's life time upon the capable and made the season of the ten days common between the pilgrims and those who are not performing the Hajj.

The educational Islamic approach considered making use of these days a useful means to a faith-oriented upbringing and a good motivation for the spirit and the heart. Therein, disobedient hearts are cleansed of their impurities, negligent souls return to their Creator, and the spirit resorts to a pure transparent life where there is nothing but obedience and faith.
Shaykhul-Islam Ibn Taymiyyah  was asked: "Which is better: the ten of Thul-Hijjah or the last ten of Ramadan?" He answered, "The ten days of Thul-Hijjah are better than the last ten days of Ramadan, but the last ten nights of Ramadan are better than the ten nights of Thul-Hijjah."
Ibn Al-Qayyim  also compared the virtue of those days saying:

The best day in the sight of Allah is the day of Nahr (sacrifice), which is the day of the Hajj. This was mentioned by the Prophet  when he said: "The greatest day in the Sight of Allah is the day of sacrifice and next the day of resting." [Sunan Abu Dawood] The day of resting is the day of staying at Mina, which is the eleventh day. It was also said that the day of ‘Arafah is better because fasting it expiates two years. Besides, there is no day on which Allah frees more slaves from Hell than the day of ‘Arafah. In addition, Allah, the Exalted, comes near His slaves and boasts about the people of ‘Arafah to His angels.

These ten days really encompass all goodness. Every good deed is recommended therein. There are no days on which good deeds are better than those days. They are pure goodness for the innocent human soul. They are a spiritual course of faith that occupies the first position in the year in terms of the goodness of its days.

Between Hajj and slaughtering

As for those whom Allah guided to perform the Hajj to His Sacred House; He thus guided them to what He Loves the most, chose to cleanse them from their sins and return them—if they made their intention sincere and perfected their Hajj—as sinless as the day on which they were delivered by their mothers, and guided them in order to open a new, white record to start a new stage of faith.
The clothes of ihram (ritual consecration) take him out of the mindset of seeing the pleasures and get him into the mindset of seeing the shroud (of the dead). No deceiving adornments, no lusts that lead to heedlessness, and no foolish struggles upon the perishing world. All people in the clothing of ihram are absolutely equal, as they will be in the last dress. All are afraid of their sins and hope to attain the mercy that encompasses everything.

Let the Muslims declare an international declaration on the day of Hajj at a time when the nation is bleeding and its blood is being shed. Let them declare that the Muslim peoples all over the world share the same heart, the same approach, and the same target; worship the same Lord; and hope to attain His mercy and fear His punishment. Let Satan and his allies, then, be despised and rejected. Let every Muslim be proud of his religion; this religion that ascends and progresses for Allah is its protector, and its enemies have no protector.

At the same time, when pilgrims shed the blood of their hady animals (those brought for the sacrifice), and other Muslims slaughter their sacrificial animals on the day of Nahr, and the cheers of takbeer spread in the horizon, the righteous martyrs all over the earth offer their blood and their souls in a good and easy manner for the sake of Allah, their Lord. Thus, their lips smile at the last breath of the soul. They receive the Hereafter while their blood flows from them. The color is the color of blood, and the smell is the smell of musk.

The ten days of Thul-Hijjah are considered an educational opportunity that every educator can make use of in directing to the best virtues and morals as well as in making them a correct starting point for an annual psychological renewal.

Educators and the Ten Days

The ten days of Thul-Hijjah are considered an educational opportunity that every educator can make use of in directing to the best virtues and morals as well as in making them a correct starting point for an annual psychological renewal for those whom he educates in terms of faith, repentance and good deeds.
In this context, we suggest that this takes place through some main aspects, such as:

Firstly: preparing the atmosphere of faith:

The Islamic approach helps the educator in those days to prepare an atmosphere of faith and arrange a general environment of faith that affects the individuals targeted for instruction.

Fasting, reciting takbeer, remembering Allah, abstaining from cutting one's hair or nails, hearing the loud voice of the talbiyah of the pilgrims in all places transmitted by all the radio and TV channels and media, buying the sacrificial animals, making arrangements for the day of nahr; all these things help the educator to complete the required atmosphere of faith.

The role of the educator, here, is to make use of this by calling to righteous deeds that form this great atmosphere of faith. For example, he may call those whom he educates to stay in the mosque for some time, and they might stay there for some time, during which they wait for one prayer after the other, recite the Quran, and seek the opportunity of breaking the fast everyday in order to make good supplications and privately supplicate and praise Allah.

In addition, they may contribute to some team effort that develops the spirit of sacrifice and generosity, such as meeting in order to prepare food for the fasting people and call the poor to the food that they prepared themselves, exerted effort in the preparation thereof, and cooperated in spending thereon from their own money.

He may also meet them in order to recite some verses and hadiths to them that urge towards giving charity and generosity as well as to related the biographies of the righteous predecessors in terms of giving charity in the Cause of Allah to them and then order them to go give charity (each separately) and remind them to have a good intention and hide the charity that they give.

Moreover, he may remind them of the authentic hadith of Abu Bakr, may Allah be pleased with him, that relates that he, one day, did four good deeds; fasting, following a funeral, visiting a sick person, and giving charity and that when the Prophet  became aware of this, he said, "Whoever performs these deeds on one day, Allah will admit him into Paradise." Therefore, they should imitate Abu Bakr, may Allah be pleased with him, by performing all these four good deeds on one day.
Secondly: the call to changing one self:

These days are appropriate for the educator to renew his call, to those whom he educates, to undergo a process of change for themselves, their bad or negative morals, and their rejected habits into pure selves towards all creatures; having morals resembling those of the Prophet ; and good habits of faith, leaving behind the morals and habits of arrogance, utilitarianism and issues related to the love of the self and the desire to be superior to others.

The educator should direct his instruction towards dispraising the qualities of arrogance and self admiration, reminding them of how the sharia ordered that people should be equal during the Hajj in their dress, behavior, speech and target and urged towards abandoning this world and superiority therein.

They are equal in their desire to attain what is with Allah on the day of ‘Arafah. There is no superiority of one person over another except by piety and good deeds. Furthermore, he should instruct them to control the self and its lusts and desires, abandon luxury as much as they can, and have stamina, acting upon the hadith in which the Prophet  said, "The humble dress is a sign of faith." and in order to imitate those who are in a state of ihram and are prohibited from luxury and anything that is forbidden. Rather, they should adhere to self-restraint and imperturbability and keep away from sexual desires and the inclination towards sins. Allah Almighty says (what means): {There is [to be for him] no sexual relations and no disobedience and no disputing.} [Quran 2:197]

Thirdly: instructing towards cooperation and holding firm:

In the ten days of Thul-Hijjah, the ideas of holding firm to Allah, the Exalted, and abandoning division clearly appear. All Muslims wish to perform Hajj to the House of Allah Almighty. The pilgrims represent the greatest real image of cooperation and holding firm to the same approach and the same target in the east and west. He who was not guided to perform Hajj this year shares the emotions of the pilgrims, and his soul flies around them, asking Allah to make him join them in the future.

The educator, here, should call those whom he educates to reject disagreement and division, seek unity, never disdain the good deed of any person, and realize that those who work for the sake of Allah are targeted. Hence, he should supplicate for them, ask Allah to support them, and never let them down or leave them to their enemies. Rather, he should support them as much as he can, advise them in what he believes to be wrong on their part, and kindly instruct them about what they do not know.

Those are good and blessed days, awaited by the righteous Muslims in order to free themselves from the link to the life of this world and the restraint of lusts and perishing wishes; to write a record of light, without materialism, that breaks the transparency, and no sin to desecrate obedience; rather, remembrance, humble submissiveness, repentance and weeping.

Thus, they see the whole universe full of delight and transparency. Light is combined with happiness, and hope with honesty. Paradise becomes the demand; sincerity, the hope; and having good expectations of Allah, the cave of wishes. -islamweb.net

Questions about Black Stone

1- Shaykhul-Islam Ibn Taymiyyah  said, “No inanimate object can be kissed or given salutations except for the Black Stone.”

2- Kissing the Black Stone is an act of worship that is done by only one person at that moment.

3- Some hadiths stated: The Black Stone was sent down (to earth) from Paradise. But their isnad (chain of narrators) is doubtful.

4- Some hadiths stated: The Black Stone will testify for those who touched it. But their isnad is doubtful.

5- Some hadiths stated: When the Black Stone was sent down (to earth) from Paradise, it was whiter than milk, but the sins of the children of Adam turned it black. But their isnad is doubtful.

6- It is a stone that can neither bring about benefit nor cause harm, as ‘Umar Al-Farooq, may Allah be pleased with him, said, and it was proven in the two Saheehs (Al-Bukhari and Muslim).

7- While kissing it, one should kindly kiss it and not make a noise (of kissing), as the scholars has stated.

8- It is not permissible for the Muslim to cause crowds and cause annoyance to the Muslims while kissing it. This is the opinion that was adopted by most of the scholars. Ibn ‘Umar, may Allah be pleased with him, used to kiss it in spite of the crowd.

9- If the Black Stone is stolen (may Allah protect us from this), as it was stolen in the past by the Qaramitah from Ar-Rafidhah, is it permissible to kiss its place?
Answer: It is not permissible to kiss its place, rather, one should say, “Allahu Akbar,” at its place.

10- It was authentically narrated that the Prophet  kissed it with his mouth. It was also authentically narrated that he touched it with a crooked staff that he had with him and then kissed the staff, as was reported in Saheeh Muslim.

11- If a person is unable to kiss it with his mouth or touch it with a crooked staff, then he should touch it with his hand and then kiss it.

12- If a person is unable to kiss it with his mouth, touch it with a crooked staff, or with his hand, but he is able to throw a tip of his ihram over the Stone, is it permissible for him to do so?
Answer: It is permissible to do so for it was reported that Ibn ‘Abbas, may Allah be pleased with him, used to touch the Stone with his clothes and kiss it. [‘Abdul-Razzaq: Musannaf with a Saheeh chain of narrators]

13- Is it permissible to kiss the Black Stone for some reasons other than Hajj and ‘Umrah?

Answer: Scholars hold the opinion that it is not permissible to kiss the Black Stone as long as one is not in ‘Umrah or Hajj. Imam Malik  allowed this. The matter should be mentioned in some detail. If kissing the Stone is related to acts of worship such as Hajj or ‘Umrah, then it should be as the other matters that are related to acts of worship and it should not be kissed. However, if kissing the Stone is related to acts of worship and other things such as honoring and loving it, then it may be kissed at times other than those of ‘Umrah and Hajj. It was authentically narrated in Saheeh Muslim that when ‘Umar, may Allah be pleased with him, kissed it, he said, "I saw the Messenger of Allah  having great love for you." -islamweb.net

STORY OF CREATION (PART 1 OF 2)

God Created Everything

So how did it all start?  God.  Nothing else.  The Prophet of Islam, may the mercy and blessings of God be upon him, was asked, "O Messenger of God, where was our Lord before He created His creation?" He said: "Nothing existed but Him, with nothing beneath Him and nothing above Him."[1]

Think about how amazing that is, basically it tells us that there is nothing but God that is truly worthy; creation needs God and nothing else because in the beginning there was God while there was nothing else.

God says in the Quran:

"God is the Creator of all things and He is the Guardian over all things." (Quran 39:62)

So everything besides God was created by Him, is under His dominion and His disposal, and He brought it into existence.

Jubayr, a contemporary of Prophet Muhammad describes himself, saying, "I was one of the greatest enemies of the Prophet," and he said, "I hated him more than any other human being on the face of this earth," but then something strange happened.  "One time I walked into the mosque and I heard the Prophet reciting verses from Surah at-Toor (Quran 52:35-36), ‘Were they created from absolutely nothing or are they themselves suggesting that they are the creators? Or did they create the heavens and the earth? Rather they have absolutely no idea, they are at confusion!’"

Jubayr says that at that moment when the Prophet said that, even though Jubayr wouldn't officially accept Islam until later on at his life, he said "faith entered my heart.  I knew at that point that there is absolutely no way that there is no God!"

If you just sit with yourself and you go through the process of elimination of the possibilities of how we and everything else around us is here, you will find that there is no other way to explain it except by God.

Creation of the Water, Throne (Arsh) & The Footstool (Kursi)

Prophet Muhammad said: "Nothing existed but Him, with nothing beneath Him and nothing above Him.  Then He created His Throne above the water."[2]

The Prophet tells us that there was God first and nothing else.  Then, God created the water and the Throne (Arsh).  They were created independent of any angels and were created before the creation of the heavens and the earth.  Prophet Muhammad said, "There was God, and there was nothing else besides Him, and His Throne was over the water.  He wrote all things in the Book (in heaven) and He created the heavens and the earth."[3]

God mentions many times in the Quran that He is the Lord of the Glorious Throne, because it is one of the foremost and most magnificent of his creations.   

The Kursi is a Footstool that is like a stair to the Throne and God is above the Throne, yet nothing is hidden from Him.  In the greatest verse of the Quran, known in Arabic as Ayah al-Kursi, or the "Verse of the Footstool," before God mentions His Footstool, He mentions His knowledge." (Quran 2:255).

His Kursi, the Footstool, alone has all of the heavens and the earth under it (Quran 2:255).  The Prophet Muhammad said, "The Footstool in relation to the Throne is no more than a ring of iron thrown into an open desert on earth."[4]  Also, Ibn Abbas said that if the Kursi, the Footstool, encompasses the entire heavens and earth, then what about the Throne? We have absolutely no indication of how great is the Throne in size and obviously we cannot estimate the greatness of God Himself.

God is not distant; He stresses throughout the Quran that He is with us wherever we may be.  InSurah al-Hadid (Chapter 57), immediately after God tells us that He rose above His Throne, He tells us that He knows everything that goes in and out of the earth, everything that descends from the heaven and what ascends therein, in short, He knows the minutest details of everything (Quran 57:4).  We know God is above His Throne, but we do not try to assign dimensions to it, we do not try to comprehend it, rather we simply believe in it as God mentioned it to us.

Moreover, God talks about the great angels that carry the Throne.  They are huge magnificent creatures from the best of God’s angels.  On the Day of Judgement, God tells us there will be eight angels that will bear His Throne (Quran 69:17).  The Prophet said, "I was permitted to speak about one of the angels of God, the Almighty, the All-Powerful, who is one of the bearers of the Throne and (to tell you) that the distance between his earlobe and his shoulder is a journey of seven hundred years." (Abu Dawud) It was also narrated with this wording, "The distance is (like) that of a bird flying for seven hundred years." (Ibn Abi 'Asim)

What are those angels doing?

God tells us that those angels who bear His Throne and those around it glorify His praises, believe in Him and ask for forgiveness for those who believe.  They pray for them saying "Our Lord, You have encompassed all things in mercy and knowledge, so forgive those who have repented and followed Your way and protect them from the punishment of Hellfire." (Quran 40:7)

They are glorifying God and declaring the perfection of God to show that God is independent of the Throne and is independent of those who bear the Throne.  God does not need the Throne; God does not need those who bear the Throne.

The Pen

After the creation of the water and the Throne, God created the Pen. When the Prophet says that God created the Pen, he says that His Throne was settled upon water, that there was a layer of water under the Throne of God.

"God ordained the measures of the creation fifty thousand years before He created the heavens and the earth while His Throne was over the water."[5]

What are the dimensions of the Pen? How does it look? We have absolutely no idea.

The Prophet said, "God said to the Pen: ‘Write.’ It said: ‘O Lord, what should I write?’ He said: ‘Write down the decrees of all things until the Hour begins.’"[6]

-islamreligion.com

---

FOOTNOTES:

[1]Tirmidhi, Abu Daud. Classed as sahih by Tabari and hasan by Tirmidhi, Dhahabi, and Ibn Taimiyyah

[2]Tirmidhi, Ibn Majah

[3]Saheeh Al-Bukhari

[4]Tafsir Tabari

[5]Saheeh Muslim

[6]Abu Dawud

The hadiy (sacrifice) that is obligatory for the pilgrim – and where it is to be slaughtered

QUESTION :

Is it permissible to slaughter the hadiy outside the Haram and distribute its meat to the poor in the pilgrim’s country, because there are many poor people in their country? What is the ruling on Hajj if the pilgrim does that? I hope that you will give evidence from the Qur’an and Sunnah for it being obligatory to slaughter the hadiy and the place where it is to be slaughtered. Why should the hadiy be slaughtered only within the boundary of the Haram?

ANSWER :

Praise be to Allah

The sacrifices that must be offered by the pilgrim during his Hajj are of different types:

1.     The hadiy of tamattu‘ and qiraan

Whoever does Hajj tamattu‘ (entering ihram for ‘umrah, then exiting ihram, then entering ihram for Hajj) or qiraan (entering ihram for ‘umrah and Hajj, and remaining in ihram until all rituals have been completed) must offer a hadiy if he can afford it, otherwise he must fast instead of that. Allah, may He be exalted, says (interpretation of the meaning):

“Then if you are in safety and whosoever performs the ‘Umrah in the months of Hajj, before (performing) the Hajj, (i.e. Hajj-at-Tamattu‘ and Al-Qiran), he must slaughter a Hady such as he can afford, but if he cannot afford it, he should observe Saum (fasts) three days during the Hajj and seven days after his return (to his home), making ten days in all. This is for him whose family is not present at Al-Masjid-al-Haram (i.e. non-resident of Makkah). And fear Allah much and know that Allah is Severe in punishment”

[al-Baqarah 2:196].

Ibn Katheer (may Allah have mercy on him) said:

that is, if you are able to perform the rituals of Hajj, then whoever among you is doing ‘umrah before Hajj – which includes those who enter ihram for both ‘umrah and Hajj (i.e., qiraan) and those who enter ihram for ‘umrah first, then after finishing ‘umrah [and exiting ihram] they enter ihram for Hajj, which is tamattu‘, “he must slaughter a Hady such as he can afford” that is, let him offer whatever hadiy he can afford; the minimum that may be offered is a sheep.

End quote from Tafseer Ibn Katheer (1/537)

The place where this sacrifice is to be offered is the Haram of Makkah.

Ibn al-‘Arabi (may Allah have mercy on him) said:

There is no difference of scholarly opinion concerning the fact that the hadiy must be slaughtered in the Haram.

End quote from Ahkaam al-Qur’an (2/186)

It says in al-Mawsoo‘ah al-Fiqhiyyah (42/250-251):

The fuqaha’ are unanimously agreed that the permissibility of shedding the blood of the hadiy – except in the case of one who is prevented from completing Hajj – is limited to the Haram, and it is not permissible to slaughter the sacrifice outside the sanctuary, because Allah, may He be exalted, says concerning the penalty for hunting (within the boundary of the Haram): “the penalty is an offering, brought to the Ka‘bah” [al-Maa’idah 5:95]; and He says (interpretation of the meaning): “and afterwards they are brought for sacrifice unto the ancient House (the Haram - sacred territory of Makkah)” [al-Hajj 22:33]. And the Prophet (blessings and peace of Allah be upon him) said: “I offered my sacrifice here, but all of Mina is the place of sacrifice, so offer your sacrifices in your camps.” And he (blessings and peace of Allah be upon him) said: “Every ravine of Makkah is a road and a place of sacrifice.” End quote.

What must be done with the meat of the sacrifice is to distribute it to the poor and needy of the sanctuary; it is permissible to take a little of it outside of the Haram zone to eat or give as a gift.

It was narrated that Jaabir ibn ‘Abdullah (may Allah be pleased with him) said: We used not to eat the sacrificial meat for more than three days in Mina, then the Messenger of Allah (blessings and peace of Allah be upon him) granted us a concession and said: “Eat and store (for the journey).” So we ate some of it and stored some (for the journey).

Narrated by al-Bukhaari (1719) and Muslim (1972).

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

The hadiy of tamattu‘ and qiraan is a sacrifice of gratitude, so it does not all have to be given to the poor of the Haram. Rather it comes under the same ruling as the udhiyah, i.e., the one who offers the sacrifice may eat some of it, give some as gifts and gives some in charity to the poor of the Haram.

If a person slaughters the hadiy of tamattu‘ or qiraan in Makkah, then he takes the meat to ash-Sharaa‘i’, or to Jeddah or elsewhere, there is nothing wrong with that, but he must give some of it in charity to the poor of the Haram.

End quote from al-Sharh al-Mumti‘ (7/203).

2.     Sacrifices offered (as a penalty) for omitting an obligatory part of Hajj

Whoever omits one of the obligatory parts of Hajj has to make up for this shortcoming by sacrificing a sheep.

It was narrated that ‘Abdullah ibn ‘Abbaas (may Allah be pleased with him) said: Whoever forgets any of the rituals [of Hajj] or fails to do it, let him offer a sacrifice.

Narrated by Imam Maalik in al-Muwatta’ (1583).

This sacrifice must be offered in the Haram and its meat must also be distributed in the Haram.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

The scholars stated this. They said: The hadiy of tamattu‘ and qiraan, and the hadiy that is required for omitting an obligatory part of Hajj, must be slaughtered in Makkah. Allah has also stated that with regard to the penalty for hunting (within the boundary of the sanctuary), as He says (interpretation of the meaning):

“O you who believe! Kill not game while you are in a state of Ihram for Hajj or Umrah (Hajj), and whosoever of you kills it intentionally, the penalty is an offering, brought to the Ka‘bah”

[al-Maa’idah 5:95].

With regard to that which Islamic teaching restricts to specific places, it is not permissible to move it elsewhere; rather it must be done in the place specified. So the hadiy must be slaughtered in Makkah and its meat must be distributed in Makkah.

End quote from Majmoo‘ Fataawa Ibn ‘Uthaymeen (25/83)

3.     Sacrifice offered because of the pilgrim doing one of the things that are prohibited whilst in ihram

With regard to doing things that are prohibited, it is proven in the Qur’anic text that a sacrifice must be offered in compensation. Allah, may He be exalted, says (interpretation of the meaning):

“And perform properly (i.e. all the ceremonies according to the ways of Prophet Muhammad (blessings and peace of Allah be upon him)), the Hajj and Umrah (i.e. the Hajj to Makkah) for Allah. But if you are prevented (from completing them), sacrifice a Hady (animal, i.e. a sheep, a cow, or a camel, etc.) such as you can afford, and do not shave your heads until the Hady reaches the place of sacrifice. And whosoever of you is ill or has an ailment in his scalp (necessitating shaving), he must pay a Fidyah (ransom) of either observing Saum (fasts) (three days) or giving Sadaqah (charity - feeding six poor persons) or offering sacrifice (one sheep)”

[al-Baqarah 2:196].

See: al-Jaami‘ li Ahkaam al-Qur’an by al-Qurtubi (3/292-293)

If he has to offer a sacrifice, then he has the choice between slaughtering it and distributing its meat in the place where he did the prohibited action – whether that place was within the Haram boundary or not – or slaughtering it and distributing its meat in the Haram.

It was narrated from Ka‘b ibn ‘Ujrah (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) saw him with lice falling on his face and said: “Are these vermin bothering you?” He said: Yes. So he instructed him to shave his head when he was in al-Hudaybiyah, and it was not yet clear to them that they would exit ihram there, as they were still hoping to enter Makkah. Then Allah revealed (the verse containing the ruling on) fidyah, so the Messenger of Allah (blessings and peace of Allah be upon him) instructed him to give a faraq (three saa‘s) to be shared between six poor persons, or to sacrifice a sheep, or to fast for three days.

Narrated by al-Bukhaari (1817) and Muslim (1201).

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

Whatever it is permissible to sacrifice and distribute outside of the Haram, when there is a reason to do so, it is also permissible to sacrifice and distribute inside the Haram, but the converse is not the case.

End quote from ash-Sharh al-Mumti‘ (7/204)

That also includes the camel which a muhrim must sacrifice if he has intercourse with his wife before the first stage of exiting ihram.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

If the prohibited act is intercourse before the first stage of exiting ihram in Hajj, then what he must do is sacrifice a camel, to be slaughtered in the place where the prohibited act was committed, or in Makkah, and its meat is to be distributed to the poor.

End quote from Majmoo‘ Fataawa Ibn ‘Uthaymeen (22/222)

4.     Sacrifice offered because of being prevented from completing one’s Hajj

Allah, may He be exalted, says (interpretation of the meaning):

“And perform properly (i.e. all the ceremonies according to the ways of Prophet Muhammad (blessings and peace of Allah be upon him)), the Hajj and Umrah (i.e. the Hajj to Makkah) for Allah. But if you are prevented (from completing them), sacrifice a Hady (animal, i.e. a sheep, a cow, or a camel, etc.) such as you can afford”

[al-Baqarah 2:196].

The ruling is similar to the ruling on the type mentioned above; he should offer his sacrifice in the place where he was prevented from continuing, because when the Prophet (blessings and peace of Allah be upon him) was prevented from entering Makkah at the time of al-Hudaybiyah, he offered his sacrifice outside of the Haram zone.

It is also permissible to slaughter it and distribute the meat inside the Haram zone.

It was narrated from Ibn ‘Umar (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) set out for ‘umrah, but the disbelievers of Quraysh prevented him from reaching the Ka‘bah, so he slaughtered his sacrifice and shaved his head in al-Hudaybiyah.

Narrated by al-Bukhaari (4252).

Ibn Hajar (may Allah have mercy on him) said:

The apparent meaning of the story is that most of them offered their sacrifices in the place where they were, which was outside the boundary of the Haram, which indicates that doing that is permissible. And Allah knows best.

End quote from Fath al-Baari (4/11)

5.     Sacrifices offered as compensation for hunting game

This must be slaughtered and the meat distributed within the Haram zone, and it is not valid if done outside the Haram zone.

Allah, may He be exalted, says (interpretation of the meaning):

“O you who believe! Kill not game while you are in a state of Ihram for Hajj or Umrah (Hajj), and whosoever of you kills it intentionally, the penalty is an offering, brought to the Ka‘bah, of an eatable animal (i.e. sheep, goat, cow, etc.) equivalent to the one he killed, as adjudged by two just men among you; or, for expiation, he should feed Masakin (poor persons), or its equivalent in Saum (fasting), that he may taste the heaviness (punishment) of his deed. Allah has forgiven what is past, but whosoever commits it again, Allah will take retribution from him. And Allah is AllMighty, All-Able of Retribution”

[al-Maa’idah 5:95].

Ibn Katheer (may Allah have mercy on him) said:

The words “an offering, brought to the Ka‘bah” mean that it should reach the Ka‘bah; what is meant is that it should reach the Haram by being slaughtered there, and its meat distributed among the poor of the Haram. This is a matter concerning which there is consensus.

End quote from Tafseer Ibn Katheer (3/194)

From the above it is clear that where it is prescribed to slaughter the sacrifice inside the Haram zone, it is not permissible to slaughter it outside that zone. But in cases where it is prescribed to slaughter it outside the Haram zone, it is permissible to bring it and slaughter it inside the Haram zone.

If a person performs his Hajj and rituals properly, but he slaughters the hadiy outside the Haram zone, his Hajj is valid, but he must offer another hadiy instead, inside the Haram zone. If he is not able to go back to Makkah himself, then he may appoint someone whom he trusts to sacrifice it on his behalf inside the Haram zone.

Shaykh Ibn Baaz (may Allah have mercy on him) said:

With regard to the hadiy of the one who is doing tamattu‘ or qiraan, it is not permissible to slaughter it anywhere but within the Haram zone; if he slaughters it elsewhere, such as in ‘Arafah or Jeddah or anywhere else, that is not valid, even if he distributes its meat in the Haram, and he has to offer another hadiy, to be slaughtered within the Haram zone, whether he was ignorant of the ruling or was aware of it, because the Prophet (blessings and peace of Allah be upon him) slaughtered his hadiy in the Haram zone, and he said: “Learn from me your rituals of Hajj.” Similarly, his companions (may Allah be pleased with them) only slaughtered their hadiys in the Haram zone, following his example (blessings and peace of Allah be upon him).

End quote from Majmoo‘ Fataawa Ibn Baaz (18/31-32)

Secondly:

With regard to your question: “Why should the hadiy be slaughtered only within the boundary of the Haram?”

The hadiy should be slaughtered within the boundary of the Haram for the following reasons:

1.     Because this is what is prescribed by the Qur’an and Sunnah, and it is obligatory to follow them.

Allah, may He be exalted, says (interpretation of the meaning):

“It is not for a believer, man or woman, when Allah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allah and His Messenger, he has indeed strayed in a plain error”

[al-Ahzaab 33:36]

“And whatsoever the Messenger (Muhammad SAW) gives you, take it, and whatsoever he forbids you, abstain (from it) , and fear Allah. Verily, Allah is Severe in punishment”

[al-Hashr 59:7].

The issue with regard to these sacrifices is the same as that of all the rituals of Hajj, and indeed it is the issue with regard to all acts of worship: one should follow the command of Allah and His Messenger with regard to that, without asking why.

Al-Bukhaari (315) and Muslim (335) narrated from ‘Aa’ishah that she rebuked someone who asked her, Why does a menstruating woman have to make up missed fasts but not missed prayers? She said: That used to happen to us and we were commanded to make up the fasts but we were not commanded to make up the prayers.

Ash-Shaatibi (may Allah have mercy on him) said:

With regard to matters of worship, what is required is to follow the instructions, without adding or subtracting anything. Therefore when ‘Aa’ishah (may Allah be pleased with her) was asked about the menstruating woman making up the fasts, but not the prayers, she objected to the questioner asking such a question, because we are not meant to understand the reasons behind rituals and acts of worship.  Then she said: We were commanded to make up the fasts but we were not commanded to make up the prayers. And with regard to the issue of the Lawgiver making the diyah for injury to fingers equal, Ibn al-Musayyab said: That is the Sunnah, O son of my brother. And there are many such cases.

End quote from al-Muwaafaqaat (2/526)

2.     Because it is one of the rituals of Hajj, and Hajj is connected to Makkah, and most of its actions are done within the boundary of the Haram zone, therefore slaughtering the hadiy within the boundaries of the Haram zone is in harmony with the fact that the main location for the act of worship that is Hajj is Makkah.

3.     Slaughtering the hadiy and distributing its meat within the Haram zone is for the purpose of relieving the poor people of the Haram of hardship and comes under the heading of the provision that Allah has guaranteed to the people of this House, in response to the supplication of Ibraaheem (peace be upon him), as Allah, may He be exalted, tells us that he said (interpretation of the meaning):

“O our Lord! I have made some of my offspring to dwell in an uncultivable valley by Your Sacred House (the Ka‘bah at Makkah); in order, O our Lord, that they may perform As-Salat (Iqamat-as-Salat), so fill some hearts among men with love towards them, and (O Allah) provide them with fruits so that they may give thanks”

[Ibraaheem 14:37].

See: al-Mughni, by Ibn Qudaamah (5/451)

And Allah knows best.

-islamqa.info

1st wife demands that husband divorces 2nd

Question

I was married to one wife and had three children with her. Then I married a second wife who was a divorcee. However, my first wife has been, and remains, opposed to this marriage and is insisting that I divorce my second wife, even though I now have a child from her. What should I do?

Answer

Marrying a second wife is something that is recognized by Islamic Law, as long as the man is able to conduct himself in that marriage according to what Islamic Law demands of him – of upholding strict justice between his wives. He must endeavor to the best of his ability to be just. 

The Prophet (peace be upon him) said: “ Whoever has two wives and treated one of them better than the other will come in the Hereafter with his body twisted to one side” [Musnad Ahmad,Sunan Abî Dâwûd, and Sunan al-Nasa’î] 

We can be sure that being just is a means of minimizing the difficulties of a polygamous marriage, especially with respect to the first wife’s feelings. 

Indeed, you need to appreciate your first wife’s feelings. She is naturally going to suffer from jealousy against the woman who has come into a marital relationship with her husband. 

Even the wives of the Prophet (peace be upon him) suffered in this way. Once, one of the Prophet’s wives sent him a platter of food while he was at `A’ishah’s house. `ِA’ishah knocked the platter out of the hand of the servant who brought it, causing the platter to break in half. 

The Prophet (peace be upon him) was calm and exercised wisdom in how he handled the situation. He put the two halves back together and collected the food back into it, then said: “Your mother (referring to `A’ishah as one of the Mothers of the Believers) is feeling jealous.” He then sent one of `A’ishah’s platters along with the servant to take to the other wife as a replacement. [Sahîh al-Bukhârî (4824)] 

I warn you sternly against betraying any preference for your second wife over your first. Do not praise your second wife in your first wife’s presence. Do not threat your first wife or her children baldly in any way. Instead, take greater care to honor their rights. 

Take care never to reduce anything of what you give to your first wife because of your second wife. Speak lovingly to her. Let her know that she is still your first love. Let her feel that you are more comfortable when you are with her. Tell her this. Such words will soothe her feelings. 

You never need to mention your second wife at all in your first wife’s presence. Try not to talk about her even with your children. Be sensitive to your wife’s feelings and do not provoke her jealousy. 

You should show the same sensitivity to your second wife’s feelings when you are with her. 

As for divorcing your second wife due to your first wife’s anger, this is not right, especially if your second wife has done nothing wrong. What sin did she commit? Should she, along with her child, be punished as a victim of your rushing into marrying her without giving your situation sufficient thought, or because you find yourself incapable of coping with the feelings that women inevitably experience as a consequence of your decision to enter into a polygamous marriage? 

You need to do what you must to reconcile your two wives. At the very least, you should make it so each of your wives can comfortably live her own life, focusing on her own household and children. You better treat them both justly. Generally, these problems are worse at the beginning of the marriage. After a few years, things usually calm down. 

You need to beseech your Lord in supplication, to make you stronger than these problems. You need to exercise patience. You have to be kind, gentle, and open-hearted throughout these difficulties. Problems like these are common, and many people face them. 

We would remind your first wife of the Prophet’s words: “A woman should not ask for her sister to be divorced so she can have him to herself.” [Sahîh Muslim] 

We would finally recommend that you go to those who are specialized in these matters so you can learn how to manage your family life successfully and overcome your difficulties. This would be best for all of your family.

And Allah knows best.

-islamtoday.net