Is hunting in the Sacred months haraam?

Is hunting in the Sacred months haraam?.

Praise be to Allaah.

The sacred months are Rajab, Dhu’l-Qa’dah, Dhu’l-Hijjah and Muharram. These are what are referred to in the verse (interpretation of the meaning): 

“Verily, the number of months with Allaah is twelve months (in a year), so was it ordained by Allaah on the Day when He created the heavens and the earth; of them four are Sacred (i.e. the 1st, the 7th, the 11th and the 12th months of the Islamic calendar). That is the right religion, so wrong not yourselves therein”

[al-Tawbah 9:36] 

There is nothing wrong with hunting in these months; rather the prohibition on hunting is connected to two things: 

1 – Ihraam for Hajj or ‘Umrah, because Allaah says (interpretation of the meaning): 

“O you who believe! Kill not the game while you are in a state of Ihraam [for Hajj or ‘Umrah (pilgrimage)], 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) equivalent to the one he killed, as adjudged by two just men among you; or, for expiation, he should feed Masaakeen (poor persons), or its equivalent in Sawm (fasting), that he may taste the heaviness (punishment) of his deed. Allaah has forgiven what is past, but whosoever commits it again, Allaah will take retribution from him. And Allaah is All‑Mighty, All-Able of Retribution”

[al-Maa’idah 5:95] 

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

This is Allaah’s prohibition on killing game when in the state of ihraam, and a prohibition on being involved in any activities of this nature. End quote. 

Tafseer Ibn Katheer (2/99). 

2 – Hunting within the limits of the Sanctuary, which means Makkah and Madeenah, because of the ahaadeeth that were narrated concerning that. 

It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) stood up on the day of the Conquest and said:

“Allaah sanctified Makkah the day He created the heavens and the earth, so it is sacred by the sanctity decreed by Allaah until the Day of Resurrection. It was not permitted for anyone before me to fight therein and will never be permitted to anyone after me, and it was only permitted to me for part of a day. Its game is not to be disturbed and its thorns are not to be cut.”

Narrated by al-Bukhaari (1284) and Muslim (1353).  

The relevant point here is the words of the Prophet (peace and blessings of Allaah be upon him), “Its game is not to be disturbed.” This hadeeth clearly states that it is haraam to disturb the game of Makkah, so it is more appropriate that hunting itself is forbidden. 

As for Madeenah, it is proven in al-Saheeh that Abu Hurayrah (may Allaah be pleased with him) used to say: If I saw gazelles grazing in Madeenah I would not disturb them. The Messenger of Allaah (S) said: “The area between its two lava fields is a sanctuary.”

Narrated by al-Bukhaari (1774) and Muslim (1372). 

The lava fields are the harrahs or areas of black stone, and Madeenah is between two lava fields, east and west.  

As for the sacred months, there is no connection between them and the prohibition on hunting. 

And Allaah knows best.

Prohibition on harming animals and setting them against one another

1 – What is the ruling on releasing hunting dogs against a gazelle when it is tied up? 
2 – What is the ruling on releasing hunting dogs against a gazelle when it is tied up for the purpose of training the dogs?.

Praise be to Allaah.

Releasing hunting dogs against a gazelle that is tied up is a kind of torment and cruelty to animals, which is haraam. Al-Bukhaari (5513) and Muslim (1956) narrated that Hishaam ibn Zayd said: I entered with Anas upon al-Hakam ibn Ayyoob and there were some boys or young men who had taken a hen as a target and were shooting at it. Anas said: The Prophet (peace and blessings of Allaah be upon him) forbade taking animals as targets. 

Al-Nawawi (may Allaah have mercy on him) said in Sharh Muslim: The scholars said: Taking animals as targets means tying them up when they are still alive in order to kill them by shooting arrows and so on. This is what is referred to in the words of the Prophet (peace and blessings of Allaah be upon him): “Do not take any living being as a target” i.e., do not take living animals as targets to shoot at. This prohibition means that it is haraam. 

Hence the Prophet (peace and blessings of Allaah be upon him) said, according to a report narrated by Ibn ‘Umar: “Allaah has cursed the one who does that.” It is also cruelty to the animal, destruction of its life and a waste of its monetary value; it is a failure to slaughter it properly if it is an animal that can be slaughtered and eaten, and it is a waste of its usefulness if it is not an animal that can be slaughtered and eaten. End quote. 

It was also narrated that it is forbidden to set animals against one another, but its isnaad is da’eef (weak). 

It says in al-Mawsoo’ah al-Fiqhyyah (10/195): As for setting animals against one another, in the sense of setting one against the othe for the purpose of hunting, it is permissible with regard to trained dogs and similar animals. But there is no difference of opinion among the fuqaha’ with regard to it being haraam to set animals against one another and encourage them to fight, because this is foolishness and results in harm to the animal, and it may lead to it being killed for no legitimate purpose. It says in a report that the Messenger of Allaah (peace and blessings of Allaah be upon him) forbid setting animals against one another. End quote. 

Al-Khaadimi said in Bareeqah Mahmoodiyyah (4/79): Examples of setting animals against one another include setting lions against tigers, or against cows and donkeys. End quote.  

But if the hunting dog is released against the gazelle with the aim of training it and teaching it, there is nothing wrong with that, because it is a means to a permissible end.  

And Allaah knows best.

Ruling on hunting birds during the sacred months or in the sanctuary (al-Haram)

What is the ruling on hunting birds during the sacred months or in the sanctuary (al-haram)?.

Praise be to Allaah.

Hunting birds during the sacred months is permissible, because what is forbidden during the sacred months is only fighting. But many scholars, or most of the scholars, say that the prohibition on fighting during the sacred months has been abrogated. 

But if the birds are inside the boundary of the sanctuary, then it is not permissible to hunt them, because the Prophet (blessings and peace of Allah be upon him) said, when he conquered Makkah: “Its game is not to be disturbed.” If it is forbidden to disturb the game, then killing is even more forbidden. And Allah says (interpretation of the meaning):

“O you who believe! Kill not the game while you are in a state of Ihraam [for Hajj or ‘Umrah (pilgrimage)]”

[al-Maa’idah 5:95]

“Lawful to you is (the pursuit of) water game and its use for food — for the benefit of yourselves and those who travel, but forbidden is (the pursuit of) land game as long as you are in a state of Ihraam (for Hajj or ‘Umrah)”

[al-Maa’idah 5:96]. 

If a person is in ihraam or is within the boundaries of the sanctuary, then it is not permissible for him to hunt. End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen, 22/230, 231 

For more information please see the answer to question number 97216

Keeping dogs, and the najaasah of their saliva

I have read numerous Ahadith and various references as to how keeping dogs reduces ones blessings and how strictly it is forbidden in Islam unless the dogs are used for hunting purposes.But I want to know WHY we are not allowed to have them as pets and why is their saliva najis?.

Praise be to Allaah.

Islam gives permission to keep dogs for certain purposes, such as hunting, guarding livestock and protecting crops. An analogy has been made for similar purposes or those which are more essential, such as protecting houses from burglars, using them to find drugs and thieves. In any other cases, the one who keeps a dog is subject to the warning of having one or two qiraats deducted from his reward every day. 

Shaykh Yoosuf ibn ‘Abd al-Haadi said, quoting from some of the scholars:  

Undoubtedly the Prophet (peace and blessings of Allaah be upon him) gave permission to keep hunting dogs in several ahaadeeth, and said that keeping a dog for hunting does not detract from one’s reward. In another hadeeth he gave permission to keep a dog for herding livestock, and in another hadeeth for keeping sheep, and in another hadeeth for guarding farms. So it is known that the reason which makes it permissible to keep a dog is when it is for a purpose, and the ruling depends on whether that reason is there or not. If the reason is there, then it is permissible to keep a dog, even though some reasons are more important than agricultural reasons, and some reasons are equally important to those that are mentioned in the texts. Undoubtedly crops come under the same ruling as farms, and cattle come under the same ruling as sheep; guarding chickens and geese – to keep foxes away from them – comes under the same heading as guarding sheep. Undoubtedly the fear of burglars and keeping a dog to warn of them and wake one up is a more important reason; the Lawgiver pays attention to interests and wards off harms; if there is no reason for it then it is wrong. End quote. 

Al-Ighraab fi Ahkaam al-Kilaab (p. 106-107). 

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

Based on that, a house that is in the middle of the city has no need for a dog to guard it, so keeping a dog for this purpose in such a case is haraam and it is not permissible, and it detracts one or two qiraats from the reward of its owners every day. They should get rid of this dog and not keep it. But if a house is in the countryside and there is no one else around, then it is permissible to keep a dog to guard the house and its occupants; guarding the members of the household is more important than guarding livestock and crops. End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen (4/246). 

Secondly: 

Islam does not enjoin anything but that which is good for people, and it does not forbid them anything but that which is harmful to them. But this wisdom is known to those who know it and it is unknown to those who do not know it. The Prophet (peace and blessings of Allaah be upon him) enjoined washing vessels that have been licked by a dog, and that is only because its saliva is impure. Modern science has proven that there are several harmful things in water from which a dog has drunk. The Muslim who follows the command of sharee’ah has no choice but to obey the command, and refrain from that which is forbidden, even if he does not know the reason behind it and there is nothing wrong with trying to find out the reason behind it, but he should not make his compliance dependent upon knowing the reason. 

Some of these diseases are transmitted because of going against the command of Islam, and eating and drinking from vessels used by dogs, and some of them are transmitted because the dog carries germs that cause these diseases. 

Whatever the case, the Muslim hears and obeys, and goodness is found in responding to sharee’ah by doing what is commanded and avoiding what is forbidden. 

And Allaah knows best.

Ruling on hunting with a rifle

If I shoot a deer by a bullet fired from a rifle, and the deer dies is it Halal? if not what is the method to hunt by a rifle so that the animal is Halal?.

Praise be to Allaah.

If you shoot the deer with the rifle and mention the name of Allaah, and hit the deer, and it dies from that shot, then it is halaal and it is permissible to eat it. If you catch up with it when it is still alive, it is essential that you slaughter it properly. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: Are the birds that we shoot with rifles and they died halaal or not? We find that some birds that we shoot have died before we can say the name of Allaah over them. 

He replied: 

Yes, if you shoot a rifle when hunting birds or rabbits or deer, and you say the name of Allaah when pulling the trigger, then it will be halaal, even if you find it already dead, because the Prophet (peace and blessings of Allaah be upon him) said: “Whatever causes the blood to flow and the name of Allaah has been mentioned over it, then eat.” And he said: “If you release your (hunting) dog and mention the name of Allaah over it, then eat.” But if it is still alive and able to move then you must slaughter it properly and mention the name of Allaah over it when slaughtering it. If you do not do that and it dies, then it becomes haraam for you. But attention must be paid to mentioning the name of Allaah when pulling the trigger, because if you do not mention the name of Allaah then it is haraam to eat it, even if you forget, because the Prophet (peace and blessings of Allaah be upon him) said: “Whatever causes the blood to flow and the name of Allaah has been mentioned over it, then eat.” And he said: “Do not eat of that over which the name of Allaah has not been mentioned.” End quote from Fataawa Noor ‘ala al-Darb. 

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: Is it sufficient for me to say Bismillaah wa Allaahu akbar when inserting bullets into the rifle when hunting, or must I mention the name of Allaah when pulling the trigger of the rifle? 

He replied:

What you must do is mention the name of Allaah when shooting, and it is not sufficient to mention the name of Allaah when putting the bullets into the rifle, because the Prophet (peace and blessings of Allaah be upon him) said: “When you shoot your arrow, then mention the name of Allaah” (saheeh – agreed upon, from the hadeeth of ‘Adiyy ibn Haatim (may Allaah be pleased with him); this version was narrated by Muslim). End quote from Fataawa al-Shaykh Ibn Baaz (23/91). 

And Allaah knows best.

Eating beef that has not been slaughtered properly until after it has been killed

I am presently residing in Canada. I have learned that in this country, in the province that I live in (ontario), the animals for beef etc..are killed then slaughtered.
So this will defeat the purpose of any muslim eating this meat.  Since, the animal is dead before it is slaughtered.  Some say we can eat the meat in Canada becaue these pple here are ahlul kitab.  So, my question is when invited and eating at a muslim family's home who believes that they can go to the local supper market and buy the meat and eat from it. And insist the meat is halal to be eaten....what must I do? Should I just eat the meat even though I know they buy from the local supper market? I have tried telling them in a nice manner, directly, but they insist that the meat is halal.  I am a new muslim and they have been very supportive in my hard times. 
I do not want to just snob them or not visit them due to my fears. What is my obligation and can I eat the meat??? Please help, most lecturers and scholars that come here, keep insisting that the question has been answered and never answer it for us new muslim.  And I have done my research as far as what I can do and not do and I am really not sure on this

Praise be to Allaah.

Beef that has been killed before being slaughtered (i.e., before its neck is cut in the halaal method) is considered to be maytah (“dead meat”) and it is not permissible to eat it, because Allaah says (interpretation of the meaning): 

“He has forbidden you only Al Maitah (meat of a dead animal), blood, the flesh of swine, and any animal which is slaughtered as a sacrifice for others than Allaah (or has been slaughtered for idols or on which Allaah’s Name has not been mentioned while slaughtering). But if one is forced by necessity, without wilful disobedience, and not transgressing, then, Allaah is Oft Forgiving, Most Merciful

[al-Nahl 16:115] 

With regard to what you mention about some Muslims eat meating that has been killed before being slaughtered, it may be that they are sure that the meat that they are eating has been slaughtered according to sharee’ah, or it may be that they are ignorant of the rulings on this kind of meat, or they may have asked (scholars) who told them that this meat is halaal. 

Whatever the case, you have to avoid eating these meats, and if anyone asks you to eat it, you should refuse to do so, and explain why you are refusing – so that they will follow that or at least excuse you for not eating it. 

With regard to what you mention about some people saying that it is permissible to eat this meat because they are the People of the Book, the answer is that it is permissible to eat meat that has been slaughtered by the People of the Book, but this meat that you describe is not meat that has been slaughtered by them; rather it is dead meat, and it is not permissible to eat dead meat even if it was killed by a Muslim. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: 

“Allaah says (interpretation of the meaning): 

‘Made lawful to you this day are At Tayyibaat [all kinds of Halaal (lawful) foods, which Allaah has made lawful (meat of slaughtered eatable animals, milk products, fats, vegetables and fruits)]. The food (slaughtered cattle, eatable animals) of the people of the Scripture (Jews and Christians) is lawful to you and yours is lawful to them’

[al-Maa’idah 5:5] 

This aayah makes it clear to us that the food of the People of the Book – i.e., the Jews and Christians – is permissible for us, but if we know that they have slaughtered a permissible animal in a manner other than that prescribed in sharee’ah, such as killing it by strangulation, electric shock, hitting it on the head, etc., then it is meat “which has been killed by strangling, or by a violent blow” (cf. al-Maa'idah 5:3), so it is haraam, just as meat which has been killed by strangling, or by a violent blow by a Muslim is also forbidden to us. But if we do not know what is the case, then the meat slaughtered by them is halaal for us, in accordance with the aayah.” 

(Majallat al-Jaami’ah al-Islamiyyah, no. 3, p. 156 

In conclusion, we hope that you will spread the fatwa of Shaykh ‘Abd al-‘Azeez ibn Baaz to the Muslims whom you know, as much as you can. And Allaah knows best.

Keeping dogs to guard the house

Myself, my mother and sister are living alone in a house. sometimes I've got to leave town due to work and my mother and sister stay alone. there is no one living below and the house is big. Can we rear any pets for some protection against intruders or thiefs? If we can, what knid of pets can we rear?.

Praise be to Allaah.  

It is permissible to keep a dog as a guard dog, so long as you avoid letting it inside the house and are careful to avoid letting it make vessels and clothes naajis (impure), because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever keeps a dog, his reward for good deeds will decrease by one qeeraat every day, except dogs used for farming or herding livestock.” Narrated by al-Bukhaari, 2322. 

The version narrated by Muslim (1574) says: “Whoever keeps a dog, except a dog for hunting or herding livestock, his reward will be decreased by two qeeraats every day.” 

Dogs used for farming or herding livestock are those that are used to guard them. 

This hadeeth indicates that it is permissible to keep a dog to guard one’s property. 

Al-‘Iraaqi said in Tarh al-Tathreeb, 6/28: Our companions and others said: it is permissible to keep a dog for these three purposes, namely hunting and protecting one’s livestock and farmland. They differed concerning keeping a dog for the fourth purpose, which is to guard houses or roads etc. Some of our companions said that it is not permissible because of this hadeeth and others, which clearly state that it is haraam except for one of these three things. But most of them said, which is the more correct view, that it is permissible by way of analogy, based on the reason that may be understood from this hadeeth, which is necessity.” 

With regard to preventing the dog from entering the house, that is because of the words of the Prophet (peace and blessings of Allaah be upon him): “The angels do not enter a house in which there is a dog or an image.” 

Narrated by al-Bukhaari, 3322; Muslim, 2106.

Throwing away papers on which is one of the names of Allaah

My name is ‘Abd al-Qaadir and in many dealings with government departments for example, I have to write my name when submitting applications etc. Then after that they may throw this application in the trash. Do I bear any responsibility in that?.

Praise be to Allaah.  

There is nothing wrong with you writing your name on papers and forms that you need to submit to others and there is no sin on you. Rather the sin is on the one who throws these papers into the trash, because that is showing disrespect towards the name of Allaah. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) was asked: is it permissible to write the Basmalah (“Bismillaah ir-Rahmaan ir-Raheem – in the name of Allaah, the Most Gracious the Most Merciful”) on wedding invitations, knowing that they will be thrown away after that, on the street or in trashcans?  

He replied: 

It is prescribed to write the Basmalah on invitations and other kinds of letters, because it is narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Every matter of concern that is not started in the name of Allaah is bereft of barakah (blessing).” And because he (peace and blessings of Allaah be upon him) used to start his letters by mentioning the name of Allaah. It is not permissible for the one who receives an invitation which contains the name of Allaah or a verse of the Qur’aan to throw it in the trash or to put it in an inappropriate place. It is not permissible to handle [Arabic-language] newspapers etc with disrespect or to throw them in the trash, or to use them as tablecloths or to wrap things in them, because they contain mention of Allaah. The sin is on the one who does that, but there is no sin on the writer. 

Majmoo’ Fataawa al-Shaykh ‘Abd al-‘Azeez ibn Baaz, 5/427, 2nd edn. 

And Allaah knows best.

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Fasting is not sufficient when one is able to feed poor persons for kafaarat al-yameen

I had to offer kafaarat al-yameen (expiation for breaking an oath), so I fasted for three days even though I was able to feed ten poor persons. Is what I did correct?.

Praise be to Allaah.  

It is not sufficient to fast when one is able to feed or clothe poor persons or free a slave, because Allaah stated that one should fast only if one is unable to feed or clothe poor persons or free a slave. He says (interpretation of the meaning): 

“Allaah will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masaakeen (poor persons), on a scale of the average of that with which you feed your own families, or clothe them or manumit a slave. But whosoever cannot afford (that), then he should fast for three days. That is the expiation for the oaths when you have sworn”

[al-Maa’idah 5:89]

He vowed to fast every Monday and Thursday but he did not fast for several years

Twelve years ago I vowed that if I passed the third year of secondary school with a good grade, I would fast every Monday and Thursday. 
For a long time I have not been regular in fasting, but during the last three months I have become regular in fasting. 
What is the ruling on the days when I did not fast? 
What is the ruling on some of the days when I am invited to lunch at my father’s house or elsewhere – should I fast on those days or not?.

Praise be to Allaah.  

Firstly: It should be noted that making vows is makrooh, because of the marfoo’ hadeeth of Abu Hurayrah (may Allaah be pleased with him): “Do not make vows, for vows do not affect the divine will at all, all they do is get something from a stingy person.” Narrated by al-Bukhaari, 6609; Muslim, 1640. This version narrated by Muslim. 

And it was narrated from Ibn ‘Umar (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) forbade vows and said that they do not do any good, rather they just get something from a stingy person. Narrated by Muslim, 1639. A person may oblige himself to do something by making a vow then not fulfil it, thus he puts pressure on himself and exposes himself to sin.  

Being negligent with regard to a vow is a serious matter, and there is the fear that the one who does that is included in the verses in which Allaah says (interpretation of the meaning): 

“And of them are some who made a covenant with Allaah (saying): “If He bestowed on us of His Bounty, we will verily, give Sadaqah (Zakaah and voluntary charity in Allaah’s Cause) and will be certainly among those who are righteous.”

76. Then when He gave them of His Bounty, they became niggardly [refused to pay the Sadaqah (Zakaah or voluntary charity)], and turned away, averse.

77. So He punished them by putting hypocrisy into their hearts till the Day whereon they shall meet Him, because they broke that (covenant with Allaah) which they had promised to Him and because they used to tell lies”

[al-Tawbah 9:75-77] 

Concerning the seriousness of being negligent with regard to vows, see also question no. 42178. 

With answer to this particular question, the vow which you made is a vow of obligation, i.e., it is obligatory for you to fulfil it, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever vows to obey Allaah, let him obey Him, and whoever vows to disobey Allaah, let him not disobey Him.” Narrated by al-Bukhaari, 6696. 

Based on this, you have to fulfil your vow. With regard to the days when you did not fast, you have to make them up. As well as that you have to offer kafaarat yameen (expiation for breaking a vow). One expiation is sufficient for all the days when you did not fast. 

Ibn Qudaamah was asked in al-Mughni (13/648) about a person who vowed to fast every Thursday forever, then he did not fast for several days. He said; Let him make up his vow and offer expiation… If he has missed many days, then he has to offer one expiation for all of them. If he offered expiation then he missed some more days, then he has to offer another expiation. This was stated by Ahmad. 

Your being invited to lunch is not regarded as an excuse that allows you not to fast and not to fulfil the vow. You can tell them about your vow so that you will have an excuse not to attend. And Allaah knows best. 

For more information see questions no. 36800 and 38934.

She vowed to do Hajj but she has not done the obligatory Hajj

A woman vowed that if Allaah blessed her with a child, she would go for Hajj. Allaah has blessed her with a child, but does she have to do Hajj in fulfilment of this vow, knowing that she has not yet done the obligatory Hajj?.

Praise be to Allaah.

It should be noted that vows are not allowed. The Prophet (peace and blessings of Allaah be upon him) forbade them when he said: “They do not bring any good.” Hence some of the scholars are of the view that vows are haraam. Why should you make a vow? Why should you burden yourself? Will Allaah not heal you or your relative unless you stipulate conditions for Him? Subhaan Allaah! Do not make vows, rather ask Allaah for healing. If Allaah wants to heal him, He will heal him whether you make a vow or not. If you do that and you make a vow, if it is a vow to do an act of worship then you are obliged to fulfil it, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever vows to obey Allaah, let him obey Him.” 

Based on this, we say to the woman mentioned in the question: You have to go for Hajj, but start with the obligatory Hajj, then do the Hajj that you vowed to do, because it is obligatory for you, and if you do not do it you are exposing yourself to a grave punishment which Allaah mentioned in the verses where He says (interpretation of the meaning): 

“And of them are some who made a covenant with Allaah (saying): ‘If He bestowed on us of His Bounty, we will verily, give Sadaqah (Zakaah and voluntary charity in Allaah’s Cause) and will be certainly among those who are righteous.’

76. Then when He gave them of His Bounty, they became niggardly [refused to pay the Sadaqah (Zakaah or voluntary charity)], and turned away, averse.

77. So He punished them by putting hypocrisy into their hearts till the Day whereon they shall meet Him, because they broke that (covenant with Allaah) which they had promised to Him and because they used to tell lies”

[al-Tawbah 9:75-77]. 

They vowed that if Allaah made them rich, they would give in charity and would be righteous. Allaah gave them that, but they were stingy with the money and turned away from righteousness. “So He punished them by putting hypocrisy into their hearts” – until when? “till the Day whereon they shall meet Him” i.e., until death. “because they broke that (covenant with Allaah) which they had promised to Him and because they used to tell lies.” 

In conclusion: beware of making vows, and if you do not make vows you will be fine. Do not oblige yourselves to do things that Allaah has not obliged you to do except as the result of your own actions. If a person has a sick loved one, let him say, “O Allaah, heal him.” If he wants to sit an exam, let him say, “O Allaah, grant me success,” because some students, when they find their studies hard and are afraid that they will fail, promise Allaah that they will do various acts of worship if they pass the exams. Then when they pass the exams, they start to ask questions and come to the scholars asking for a way out from the vow, but there is no way out and no other option than to fulfil the vow. End quote.

If he fulfils his vow, is it permissible for him to eat from it?

If a man makes a vow, can he eat from it or not?.

Praise be to Allaah.  

The basic principle concerning vows is that if what is vowed is something that is permitted in Islam, it should be given in the manner specified by the one who made the vow. If he did not specify anything then it is a kind of charity and may be given in any way in which charity is given, such as to the poor and needy. 

With regard to eating from it, if the custom in the country where he lives is for the one who makes a vow of giving something edible to eat from it, it is permissible for him to do so, based on the local traditions and customs. Similarly, if he intended when he made the vow to eat from it, then both custom and intention apply to the part that he eats, and that is not part of that concerning which the vow was made. A fatwa was issued by the Standing Committee concerning that, which states the following: 

The way in which a vow is to be fulfilled is to give in the manner intended by the one who made the vow, within the limits of sharee’ah. So if he intended the meat mentioned in his vow to be given to the poor, it is not permissible for him to eat from it, but if he intended in his vow to give it to his family or to a group of whom he is a member, then it is permissible for him to eat as one of them, because the Prophet (peace and blessings of Allaah be upon him) said: “Actions are but by intentions and each person will have but that which he intended.” The same applies if he stipulates that in his vow or if that is the custom in his country. 

From Fataawa al-Lajnah al-Daa’imah li’l-Ifta, 23/390 

And it says in Fataawa al-Lajnah al-Daa’imah (23/392): Whoever makes a vow to offer food, the basic principle is that the one who makes the vow should not eat from it unless he has stipulated or intended to eat from it, in which case it is permitted for him to eat as he stipulated or intended. 

And Allaah knows best.

What is kafaarat yameen in detail?

Please explain kafaarat yameen (the expiation for breaking a vow) in detail.

Praise be to Allaah.  

Kafaarat yameen is mentioned by Allaah in the verse (interpretation of the meaning): 

“Allaah will not punish you for what is unintentional in your oaths, but He will punish you for your deliberate oaths; for its expiation (a deliberate oath) feed ten Masaakeen (poor persons), on a scale of the average of that with which you feed your own families, or clothe them or manumit a slave. But whosoever cannot afford (that), then he should fast for three days. That is the expiation for the oaths when you have sworn. And protect your oaths (i.e. do not swear much). Thus Allaah makes clear to you His Ayaat (proofs, evidences, verses, lessons, signs, revelations, etc.) that you may be grateful”
[al-Maa’idah 5:89] 

So the person has the choice of three things:  

1 – Feeding ten poor persons with the average kind of food that he feeds his family, by giving each person half a saa’ of the usual local staple, such as rice etc. This is equivalent to approximately one-and-a-half kilograms. If rice is usually eaten with some kind of sauce then along with the rice he should give them some sauce or meat. If he gathers together ten poor people and offers them lunch or dinner, this is sufficient. 

2 – Clothing ten poor people, which means giving each one clothing that is suitable for praying in, so for a man he would give a thobe or dishdasha or a lower garment and upper garment (izaar and rida’), and for a woman a concealing dress and a head cover. 

3 – Freeing a believing slave. 

Whoever cannot do any of the above should fast for three consecutive days. 

The majority of scholars are of the view that it is not sufficient to pay the kafaarah in cash. 

Ibn Qudaamah (may Allaah have mercy on him) said: It is not sufficient to offer the value of the food or clothing to be given in expiation, because Allaah mentions food, so expiation cannot be offered by any other means, and because Allaah has given us a choice between three things, and if it were permissible to pay the value, the choice would not be limited to these three things… 

Al-Mughni by Ibn Qudaamah, 11/256 

Shaykh Ibn Baaz (may Allaah have mercy on him) said: But the kafaarah should be offered in the form of food, not cash, because this is what it says in the Qur’aan and Sunnah. What must be offered is half a saa’ of the local staple food, whether it be dates, wheat or something else. That is equivalent to approximately one-and-a-half kilograms. If you give them lunch or dinner, or give them clothes which are suitable for praying in – namely a thobe or a lower and upper garment (izaar and rida’) – that is sufficient. 

From Fataawa Islamiyyah, 3/481 

Shaykh Ibn ‘Uthaymeen said: 

If a person cannot find a slave to free, or clothes or food to give, then he must fast three consecutive days with no break in between. 

Fataawa Manaar al-Islam, 3/667 

And Allaah knows best.

She has days to make up from Ramadan but she cannot remember how many they are

My wife has days to make up from the previous year, but she has forgotten exactly how many days she has to make up. What should she do?.

Praise be to Allaah.

What is required of the one who did not fast some days in Ramadan because of an excuse such as travelling, sickness, menstruation or postpartum bleeding (nifaas) is to make them up, because Allah says (interpretation of the meaning):

“but if any of you is ill or on a journey, the same number (should be made up) from other days”

[al-Baqarah 2:184]. 

Muslim (335) narrated that ‘Aa’ishah (may Allah be pleased with her) was asked: 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. 

If your wife has forgotten the number of days that she owes, and is not sure whether it was six or seven for example, she only has to do six, because in principle she does not owe any days (except those she is certain about). But if she fasts seven in order to be on the safe side, that is better, so that she can be certain that she has fulfilled the obligation. 

If she does not remember anything about the number of days she owes, then she should fast whatever she thinks most likely to fulfil the obligation. 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked: There is a woman who has to make up days from Ramadan, but she is not sure whether it is four days or three. Now she has fasted three days; what does she have to do? 

He replied: If a person is not sure about how many days he has to make up, then he should go with the lower number. So if a woman or a man is not sure whether she or he has to make up three days or four, then he or she should go by the lower number, because the lower number is more certain and anything more than that is subject to doubt, and in principle, one does not owe any days (except those one is certain about). However, in order to be on the safe side he or she should make up this day about which there is some uncertainty, because if it was obligatory, then the obligation will have been fulfilled, and if it was not obligatory then it will be a voluntary action and Allah, may He be exalted, will not cause the reward of any good deed to be lost. 

End quote from Fataawa Noor ‘ala al-Darb. 

And Allah knows best.

Ruling on paying fidyah for delaying making up missed fasts before making them up

A woman is asking about making up missed Ramadaan fasts and feeding the poor (as fidyah for delaying that). Should she give food for each day, or should she give food for all the days in one go after she has finished making up the days?.

Praise be to Allaah.

If a person delays making up missed Ramadaan fasts until the next Ramadaan begins, then if that was for a reason such as sickness, pregnancy or breastfeeding and the like, then he or she does not have to do anything except make up the missed days. But if there was no excuse, then he or she has sinned and must make up the missed days, but does he or she have to pay a fidyah or not? There is a difference of opinion among the scholars. The majority are of the view that the fidyah must be paid, and it is feeding one poor person for every day. In the answer to question no. 26865 we stated that the more correct view is that the fidyah is not obligatory, but the one who pays it in order to be on the safe side has done well. 

This fidyah – according to those who say that it is required – becomes obligatory upon that person as soon as the next Ramadaan begins, and he may offer it at that time, or delay it until he makes up those fasts, but it is better to hasten to do it so as to fulfil his obligation. 

It says in al-Mawsoo’ah al-Fiqhiyyah (28/76): Making up missed Ramadaan fasts may be done at any time but the majority of scholars limited it to a specific time frame within which they must be made up, which is before the next Ramadaan begins, because of the words of ‘Aa’ishah (may Allaah be pleased with her): “I would owe missed Ramadaan fasts but I would not be able to make them up except in Sha’baan, because of my duties towards the Prophet (peace and blessings of Allaah be upon him).” This is similar to prayer, which should not be delayed until the time for the next prayer comes. 

According to the majority of scholars, it is not permissible to delay making up missed Ramadaan fasts until the next Ramadaan comes without an excuse, and that doing so incurs sin, because of this hadeeth of ‘Aa’ishah. If a person delays that then he must offer the fidyah: feeding one poor person for each day, because of the report narrated from Ibn ‘Abbaas, Ibn ‘Umar and Abu Hurayrah (may Allaah be pleased with them) who said concerning the one who has to make up a missed fast but does not do so until the next Ramadaan comes: “He must make it up and feed one poor person for each day.” This fidyah is for delaying it. It is permissible to offer the food before making up the fast, at the same time, or afterwards. End quote. 

Al-Mardaawi al-Hanbali (may Allaah have mercy on him) said: 

He should offer food that is acceptable for expiation. It is permissible to give the food before making up the fast, at the same time, or afterwards. al-Majd – meaning Ibn Taymiyah, the grandfather of Shaykh al-Islam Ibn Taymiyah – said that the best is to give it beforehand, in his view, so as to hasten to do good and to rid oneself of the problem of postponing. End quote from al-Insaaf (3/333). 

And Allaah knows best.

He died owing two days of Ramadan because he was sick; what should his children do?

My father died owing two days of Ramadan because he was sick in the year before the year in which he died. He died in Shawwaal and he said that he was going to feed poor people in return for those days. What is the ruling and what do we have to do with regard to that? Should we fast on his behalf and feed the poor, or feed the poor only? Please note that we do not know whether he fed poor persons or fasted to make up those days, because he had diabetes and used to fast Ramadan even though it was difficult for him.

Praise be to Allaah.

If your father was able to make up the days that he owed from the previous Ramadan, but he neglected to make them up before the Ramadan after which he died began, then it is better for you if one of you fasts and makes up these two days that he owed, because the Prophet (blessings and peace of Allah be upon him) said: “Whoever dies owing fasts, his heir should fast on his behalf.” Agreed upon. And if you feed the poor on his behalf by giving a saa‘ of the local staple food, which is equivalent to approximately 3 kg, that will be sufficient. 

But if before Ramadan he was unable to make up the two days because of sickness, then you do not have to make them up or feed poor persons, because he was not negligent. 

And Allah is the source of strength; may Allah send blessings and peace upon our Prophet Muhammad and his family and companions. End quote. 

Standing Committee for Academic Research and Issuing Fatwas

His mother died owing the fasts of two Ramadans

My mother has died, and she told me when she was still alive that she owed the fasts of two months, Ramadan in two years, when the month of fasting came when she gave birth. When she died, she had not made up these fasts. Should I fast on her behalf or feed the poor? How is feeding the poor to be done? Should I slaughter some goats and share it out among sixty households, or should I give the value of the food in money?.

Praise be to Allaah.

The best thing to do is to fast on behalf of your mother, because the Prophet (blessings and peace of Allah be upon him) said: “Whoever dies owing any fasts, his next of kin should fast on his behalf.” Saheeh -- agreed upon. The next of kin is the relative. But if you or any other relatives cannot fast, then feed the poor from her estate or from your wealth, one poor person for each day. The amount to be given is half a saa‘ of the local staple food. If you do it all in one go and give it to one poor person, that is also acceptable. 

And Allah is the source of strength. May Allah send blessings and peace upon our Prophet Muhammad and his family and Companions. End quote. 

Standing Committee for Academic Research and Issuing Fatwas

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Interrupting consecutive fasting for expiation because of sickness does not matter

I had intercourse during the day in Ramadan and I started to offer the expiatory fast. I fasted until I had completed 57 days, after which I became very ill and could not fast, so I did not fast for two days, after which I resumed until I had completed 60 days. Is that good enough?.

Praise be to Allaah.

You did well, praise be to Allah, and the interruption because of illness does not matter, because illness is a legitimate shar’i excuse, and interrupting the fast because of it does not affect anything. Once you had completed three days after that, the fast was valid and you had offered expiation, praise be to Allah. End quote. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him)