Category Archives: Fiqh

22 Sep

Can you do wuduu while naked

Question

When a person is alone in the bathroom is it permissible for him to do Wuduu while he is totally naked?

 

Answer

Yes, it is permissible for him to do so. Being clothed is not a condition for a valid Wuduu. However, it is best that one is covered. This is because it is not fitting for a person to be naked, even when alone, unless it is for a need.

This is based on the following hadith which has been graded hasan by certain scholars


Bahz bin Hakiim said that his father told on the authority of his grandfather:

I said: O Messenger of Allah, from whom should we conceal our private parts and to whom can we show? He replied: conceal your private parts except from your wife and from whom your right hands possess (slave-girls).

I then asked: O Messenger of Allah, (what should we do), if the people are assembled together?

He replied: If it is within your power that no one looks at it, then no one should look at it.

I then asked: O Messenger of Allah if one of us is alone, (what should he do)?

He replied: Allah is more entitled than people that bashfulness should be shown to him.

[Sunan Abu Dawud Hadith No. 4017]

 

Reference(s):

He who does Wuduu while naked his wuduu is valid

 

21 Sep

Hajj with haraam money

Question

What is the ruling of the person who does Hajj with haraam money?


Answer

One should do Hajj with halaal money. If one wants the reward of Hajj, then he must do it with halaal money.

If, however, someone ends up doing Hajj with haraam money, then the Hajj will be valid though devoid of reward. This is the opinion of the majority of scholars.

Ahmad opposed the majority and said that the Hajj will not be valid.

 


Reference(s):

Hajj with Haraam maal

The ruling of Hajj with haraam maal
 

20 Sep

Can you exit a voluntary fast before completion?

al-maawardii said:

When a person begins a voluntary fast or a voluntary prayer, then it is mustahabb for him to complete it.

If he exits from it before completing it, then that is permissible.

He does not have to make it up regardless of if he exited from it due to a valid excuse or due to no excuse at all.

Among the Companions, this is the view of


Umar (may Allaah be pleased with him)
Ali (may Allaah be pleased with him)
Ibn Umar (may Allaah be pleased with him)
Ibn Abbaas (may Allaah be pleased with him)
Ibn Mas'uud (may Allaah be pleased with him)

 

Among the Jurists, this is the view of

al-Thawri
Ahmad
IshaaQ


Maalik said that it is permissible to exit from it for a valid excuse and he does not have to make it up. However, if he exits from it without an excuse then he must make it up.

Abu Hanifah said that he has to complete it. If he exists from it prior to completing it, then he has to make it up regardless of if he exited due to an excuse or not.

 

al-Haawii al-kabiir
Volume 3 Page 468

 


The correct view is the first view. It is the view of the Companions (may Allaah be pleased with them). Who knows the Diin better than the Companions of the Messenger of Allaah (sallallaahu alayhi wa sallam)

 

20 Aug

Can you speak during tawaaf?

Ibn Hazm says:

It is permissible to talk to people while making tawaaf. But to indulge in the dhikr of Allaah is better. This is because there is no Nass which says one is not allowed to talk while making tawaaf. Allaah says in the Qur'aan

"…He has explained in detail to you what He has forbidden you…"


[Qur’aan 6: Portion of Verse 119]

That which Allaah has not said is haraam, then it is halaal.

Volume 6 Page 211
al-muhallaa

 

 

al-Nawawi says:

It is permissible to talk while a person is making tawaaf. It does not invalidate the tawaaf. And it is not disliked. However, it is best not to indulge in it unless one must speak to order that which is good, prevent someone from munkar, teach a jaahil, or give a religious verdict, and the like.

 

30 Jul

Khiyaar al-majlis

Ibn 'Umar (Allah be pleased with them) reported Allah's Messenger (sallallaahu alayhi wa sallam) as saying:

Both parties in a business transaction have the right to annul it so long as they have not separated; except in transactions which have been made subject to the right of parties to annul them.

[Sahih al-Bukhaari and Sahih Muslim]

 

 

Imaam al-Nawawi said: This hadiith is evidence to khiyaar al-majlis for both parties involved in a transaction after the sale has been contracted as long as they do not physically separate from the majlis.

This is the opinion of the majority of scholars from among the Companions and the Taabi'uun and those who followed them. Those who held this opinion include:

 

Ali bin Abi Taalib
Ibn Umar
Ibn Abbaas
Abu Hurairah
Abu Barzah al-'aslamii

Taa'uus
Sa'iid bin al-musayyib
'aTaa'
Shuraih al-qaaDi
Hasan al-Basri
al-Sha'bii
al-zuhri
al-'awzaa'ii
Ibn Abi Dhi'b
Sufyaan bin 'uyainah

al-Shaafi'i
Ibn al-mubaarak
Ali bin al-madini
Ahmad bin Hanbal
'ishaaq bin rahwaih
Abu thaur
Abu Ubaid
al-Bukhaari

All of the scholars of hadith


Maalik and Abu Hanifah said khiyaar al-majlis is not established.

 

Who knows the Religion better than the Companions (may Allaah be pleased with them) of the Messenger of Allaah (sallallaahu alayuhi wa sallam)?

 

 

فتح المنعم
Volume 6 Page 223

 

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