Selected Fatwas
The hajj of individuals with special needs
Question
What is the opinion of Islamic law concerning the hajj of special needs individuals and those with intellectual and physical disabilities?
Answer
The ruling for Muslims who suffer from physical disabilities only is the same as that for healthy individuals. Hajj is obligatory upon those of them who have the ability to fulfill this duty. They are either to undertake the journey themselves or commission someone to do it on their behalf. This is due to the words of Allah Who says:
Pilgrimage to the House is a duty owed to God by people who are able to undertake it.
[Al-‘Imran, 97]
The same ruling applies to individuals with intellectual disabilities that do not waive their moral responsibilities. This includes those whose mental (not chronological) age is equivalent to that of a discerning adult i.e. the age of a 15-year-old or more or less than a 15-year-old but who is, according to specialist, aware of the physical matters associated with the opposite sex such as the matters experienced by those who have reached puberty. This applies whether these individuals suffer from both physical disabilities and this kind of intellectual disability or from intellectual disabilities only.
The hajj of these individuals is valid and fulfills the obligation of hajj whether they make the journey from their own money or from the money of others.
As for those who have intellectual disabilities that waive their moral responsibilities as determined above, then hajj and ‘umrah is valid from them if they are accompanied to the holy sites and they perform the rites and observe their pillars and conditions with the help of others. This means that they will receive a reward although this neither fulfills the duty of obligatory hajj nor that of the obligatory ‘umrah (for those who maintain the obligatoriness of ‘umrah such as the Shafi’is). A person who suffers from a mental disability that waives his moral responsibility is obliged to perform the obligatory hajj and ‘umrah once he recovers.
The time for standing at ‘Arafat
Question
Is it permissible in Islamic law to phase the departure of the great and increasing number of pilgrims for the purpose of facilitation? Is this considered changing the rites of hajj?
Answer
There is a consensus among the majority of scholars that the time after zawal (midday) is a valid time for standing at ‘Arafat and that the time for standing on the plain ends with the rise of dawn of yawm al-nahr. They maintained that whoever combines between a portion of the night and a portion of the day after midday has accomplished the rite and his action does not entail any consequences. However, they differed on two matters:
- The ruling for standing at ‘Arafat and departing before midday and whether this fulfills the obligation of standing after midday.
The majority of scholars have maintained that this does not fulfill the obligation and that whoever departs from the plain of ‘Arafat before midday must go back and stand at ‘Arafat after midday or stand at night before dawn or else he would miss his hajj.
In Hanbali jurisprudence, standing at ‘Arafat before midday fulfills the obligation and the hajj of whoever does so is valid.
- Does standing at ‘Arafat and departing before sunset fulfill the obligation?
Hanafi scholars and those who agree with them, maintain the obligatoriness of standing at ‘Arafat until the sun sets. The most correct opinion of the Shafi’is and those who maintain their same opinion is that this is recommended and not a duty. According to them, it is permissible to for a pilgrim who has stood at ‘Arafat before midday to depart from ‘Arafat before sunset.
Proponents of the second opinion in both matters substantiate their opinions by the hadith narrated by ‘Urwa ibn al-Madarras (may Allah be pleased with him) who said, “I approached the Messenger of Allah [pbuh] at Muzdalifa when he was going to pray and said, 'O Messenger of Allah! I have come from the mountains of Tayi`. My mount is exhausted and so am I. By Allah, I did not come across any hill without halting there. Have I thus completed my hajj?' The Prophet [pbuh] said, 'Whoever has offered this prayer of ours and has stood with us until we have left and has stood at 'Arafat beforehand, whether by night or day, has completed his hajj and its rites" [Recorded by Imam Ahmed and the authors of the Sunan (Imams Bukhari, Muslim, al-Tirmidhi, Abu Dawud, al-Nisa`i and Ibn Majah). Al-Tirmidhi, Ibn Haban, al-Daraqutuni and al-Hakim declared it authentic].
Based on this, the concerned authorities must regulate the pilgrims' departure from 'Arafat based on the volume of pilgrims to prevent congestion. It is likewise permissible to phase the pilgrims’ departure into two or more stages according to what is in the best interest of the pilgrims.
The time allotted to spend in Muzdalifa
Question
It is permissible to stay in Muzdalifa for the time it takes to unload luggage and pray the shortened maghreb and ‘isha prayers at the time of ‘isha? Or does it suffice to merely pass through Muzdalifa according to the opinion of Imam Malik?
Answer
The established opinion for fatwa during our times when the volume of pilgrims has greatly increased, is the recommendation of staying overnight in Muzdalifa; this is the opinion of Imam al-Shafi’i as expressed in his books Al-Umm and Al-Imla` and is likewise the opinion of Imam Ahmed. The Malikis find it sufficient to obligate staying in Muzdalifa for the time it takes a pilgrim to deposit his luggage and pray the maghrib and ‘isha prayers together.
The majority of scholars who obligate staying overnight in Muzdalifa waive this obligation in the existence of an excuse. Examples includes preserving lives from actual or possible danger. According to the opinion of scholars who find this obligatory, heavy crowding which is a characteristic of present day hajj is considered a legal dispensation for omitting the overnight stay in Muzdalifa.
The ruling for stoning before midday
Question
Is it permissible to stone after midnight and what is the manner of determining the time of midnight?
Answer
Several scholars such as the Shafi’is, Hanbalis, and others have permitted stoning Jamarat al-‘Aqaba al-Kubra on yawm al-nahr after midnight of yawm al-nahr for the able and unable alike. They based their opinion on the hadith narrated by the Mother of Believers, ‘A`isha (may Allah be pleased with her), who said, “The Prophet sent Umm Salama to stone on the eve of yawm al-nahr; she stoned before dawn (of 10th Dhul-Hijja), returned and then performed tawaf al-ifafda” [recorded by Abu Dawud. The hadith meets the criteria laid down by Muslim].
Stoning on the days of tashriq
opinion for fatwa reliableThe
It is permissible for a pilgrim to stone before midday on all of the days of tashriq. This is the opinion and later scholars from among the Successors and later scholars. Proponents of this opinion based their argument on the hadith narrated by Ibn Abbas who said, “On yawm al-nahr at Mina, the Prophet was asked [several questions] to which he replied, ‘There is no harm.’ A man told him, I shaved my hair before slaughtering.” The Prophet replied, ‘Slaughter and there is no harm [in this].’ Another man said, ‘I stoned after sunset.’ The Prophet told him, ‘There is no harm [in this].’ He was not asked about anything on that day that has been done either before or after its time to which he did not say, ‘Do so and there is no harm in it.’8 The hadith evidences the necessity of lifting harm at the time of stoning.
The ruling
Based on the above, it is permissible to stone on the days of tashriq starting from midnight. Those who wish to leave on the second and third nights may do so afterwards.
Manner of determining midnight
Since night starts after the sun sets and ends at true dawn, midnight is calculated by dividing this period (by 2) and adding the result to the beginning of the time of maghrib.
The ruling for commissioning another to stone on one’s behalf
Question
What is the ruling for women, the ill, and weak on commissioning others to stone on their behalf?
Answer
It is permissible for women, the weak, and the ill to commission others to stone on their behalf. The evidence for this is the permissibility of performing hajj on behalf of another. If this is so, the commissioning another to stone on one’s behalf is of greater precedence. This is because hajj includes stoning as well as other rites. Moreover, this is a dispensation for those who have an excuse [that prevents them from performing the rite themselves]. For this reason, several jurists mentioned
grounds other than those mentioned in the hadith by applying a new circumstance on evidence from a primary source. This includes those who fear for themselves or their property or caregivers.
The ruling
8 Recorded in the Sahih of Bukhari and the Sahih of Muslim. The hadith is in the words of al-Bukhari.
Based on the above, it is permissible for women, the ill, and the weak to commission others to stone on their behalf. They will not be blameworthy and they are not obliged to make expiation.
The ruling for expanding the mas’a
Question
What is the ruling for performing sa’y in the new mas’a [area specified for sa’y] that was established by the Saudi government with the purpose of expanding the area between the mounts of as-Safa and al-Marwa?
What is the ruling regarding this expansion? Some people say that the width of the mas’a is defined and known and that any expansion is impermissible and considered a violation and modification of Islamic law.
Answer
It is valid to perform sa’y in the new mas’a and this fulfills the obligation of the rite. Allah the Almighty says,
Behold! Safa and Marwa are among the Symbols of Allah. So if those who visit the House in the Season or at other times, should compass them round, it is no sin in them. And if any one obeyeth his own impulse to good,— be sure that Allah is He Who recogniseth and knoweth. [Al-Baqarah, 158]
Through this holy verse, Allah commands pilgrims to perform sa’y between as-Safa and al-Marwa. This demonstrates that the whole area between the two mounts is a place for sa’y. This is because the verse is general and does not specify or exclude a certain area between as-Safa and al-Marwa—the new mas’a lies between the two mounts.
Departing from Arafat in stages to facilitate the departure of the crowd
Question
Is it legally permissible for pilgrims to depart from 'Arafat in stages to facilitate the departure of their increasingly great numbers? Is this considered changing the rites of hajj?
Answer
The majority of scholars have concurred that:
• It is valid to stand at 'Arafat any time after midday.
• The time for standing there ends by the break of dawn of yawm an-nahr.
• It is valid to stand at 'Arafat for part of the day and night after midday and there is no problem for a person who does this.
They differed on two issues:
1- The ruling for standing at 'Arafat and departing before midday and whether this is a valid substitute for standing until after midday.
The majority of scholars have maintained that this does not suffice and that whoever does so must go back and stand on the plain of 'Arafat after midday (zawal) or spend a portion of that night until before dawn, otherwise he will have forfeited his hajj.
Hanbali scholars have maintained in their legal school that this suffices and that the hajj of a pilgrim who does so is valid.
2- Whether it is sufficient to stand on the plain of 'Arafat and depart before sunset.
Hanafi scholars and those who agree with them, consider it obligatory to stand at 'Arafat until sunset. The most valid opinion for the Shafi'is and those who agree with them is that standing at 'Arafat until sunset is recommended and not obligatory. They maintained that it is permissible for a pilgrim who was standing at 'Arafat before the sun has passed its zenith to depart before sunset.
Proponents of the second opinion of both matters substantiate their opinions with the hadith narrated by 'Urwa Ibn Madras (may Allah be pleased with him) who said, "I approached the Messenger of Allahat Muzdalifa when he was going for [the 'Eid] prayer and said, 'O Messenger of Allah! I have come from the mountains of Tayi`. I have exhausted my mount and worn myself out! By Allah, I did not come across any hill without halting there. Have I therefore accomplished my hajj?' The Prophetsaid, 'Whoever offers this prayer of ours, stands with us until we depart (and had stood at 'Arafat beforehand, whether by night or day), has accomplished his hajj and performed its rites " [Recorded by Imam Ahmed and the authors of the Sunan (Imams Bukhari, Muslim, at-Tirmidhi, Abu Dawud, al-Nisa`i and Ibn Majah). At-Tirmidhi, Ibn Habban, al-Darqutni and al-Hakim declared it authentic. After mentioning the hadith in Muntaqa Al-Akhbar, the Hanbali scholar Abu Barakat Ibn Taymiya wrote, "This is proof that the entire daytime of the day of 'Arafat is the time allotted for standing at 'Arafat."
The ruling
It is possible for the repsonsible authorities to organize the departure and coming forth of the pilgrims from 'Arafat in a manner suitable to their numbers and that prevents overcrowding. It is permissible for them to make the pilgrims' departure in two or more stages, as required by their general welfare.
The ruling for not spending the night at Mina for someone who has an excuse
Question
What is the ruling for the weak, ill or women from among the pilgrims not spending the night at Mina?
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Answer
There is a scholarly debate on the obligation of spending the night at Mina on the days of tashriq [the three days following 'Eid]. The majority of scholars have maintained that it is obligatory, while Hanafi scholars maintained that it is recommended. Ibn 'Umar (may Allah be pleased with them both) related that 'Abbas (may Allah be pleased with him) sought permission from the Prophetto spend the nights of Mina at Mecca since he was responsible for supplying the pilgrims with water and the Prophetgranted him permission" [Bukhari and Muslim]. Therefore, it has become known that it is a sunnah (i.e. recommended).
If we add to the above, the extreme exhaustion of the pilgrims, limited places and fear of spreading diseases, then the chosen opinion for fatwa is its non obligatoriness.
If we maintain the recommendation, and not obligation, of staying overnight at Mina, then the ruling for those who neglect to stay overnight for all of the three days of Mina according to some scholars is the recommendation (and not obligation) of offering a sacrifice in expiation. And whoever neglects to stay overnight for one night, is to expiate by giving out a mudd (510 grams) of food.
Hanafi scholars, and Imam Ahmed in one report, maintained that no expiation is due upon anyone who does not spend the night at Mina. Even the majority of scholars who maintained the obligatoriness of staying overnight at Mina, granted a dispensation to anyone who has a valid excuse. Such a person is not blameworthy, does not have to make expiation, nor is his action disliked. There is no doubt that fear of contracting a disease is among the legitimate excuses for not spending the night at Mina that are taken into consideration.
Imam Malik related in his Muwatta` through 'Asem Ibn 'Adiyy (may Allah be pleased with him) that the Prophetgave the camel shepherds permission to encamp for the night outside Mina. He allowed them to stone on yawm an-nahr, combine two days' stoning on the next day and then stone on the day of their departure.
One must not take literal readings of texts into consideration without giving thought to the Legislator's purpose or else it is considered pure obstinacy.
It is known that obligating pilgrims to stay overnight at Mina along with the other rites of hajj only increases their exhaustion and compromises their ability to ward off epidemics and fatal diseases which are easily spread in crowded areas and which have become a global phenomenon. There is no doubt that women, children, the ill and the weak are the most susceptible to such harm, so it is only fitting to extend the permissibility of omitting the overnight stay at Mina to them.
“The area between my house and my minbar is one of the gardens of Paradise”
Question: 115693
It was narrated from the noble Messenger (blessings and peace of Allah be upon him) that he said: “The area between my grave and my minbar is one of the gardens of Paradise.” Al-Mu‘jam al-Awsat by at-Tabaraani (vol. 2, p. 120). What is the meaning of this phrase? Is it, I wonder, that if a visitor merely sits in the Prophet’s mosque between his grave and the prayer hall or the minbar, he will enter one of the gardens of Paradise? Why is this garden limited to this short distance between the minbar and the grave only? In other words, why does this garden not include all of the Prophet’s Mosque? The entire mosque is regarded as noble and holy, in fact the entire city, is blessed because of the Prophet (blessings and peace of Allah be upon him) migrating there, and because he settled and lived there. May Allah reward you with all good.
Praise be to Allah, and blessings and peace be upon the Messenger of Allah.
Firstly:
This hadeeth is one of the mutawaatir hadeeths that were narrated via many chains of narration, such as the report narrated by al-Bukhaari and Muslim from Abu Hurayrah (may Allah be pleased with him) from the Prophet (blessings and peace of Allah be upon him), who said: “The area between my house and my minbar is one of the gardens of Paradise.” Narrated by al-Bukhaari (1196) and Muslim (1391).
With regard to the phrase “The area between my grave and my minbar”, this is mentioned in the report of Ibn ‘Asaakir that is attributed to al-Bukhaari, or the version of Saheeh al-Bukhaari transmitted by Ibn ‘Asaakir, and some of the scholars – such as Imam an-Nawawi – continued to quote this version of the hadeeth. Rather, al-Bukhaari himself, when he narrated the hadeeth in the chapter entitled Kitaab Fadl as-Salaah fi Masjid Makkah wa al-Madinah (The virtue of prayer in the mosques of Makkah and Madinah), with the wording “my house and my minbar”, included it under a section heading “Fadl ma bayna al-qabr wa’l-minbar (Virtue of the area between the grave and the minbar)”. Moreover this wording is mentioned in some other hadeeths.
However, the scholars classed the wording “my grave” as da‘eef (weak), for two reasons:
1. It is contrary to the report of the majority of narrators, hence it seems most likely that those who said “my grave” were narrating the meaning but not the wording.
2. If this wording were correct, the Sahaabah would have known where to bury the Prophet (blessings and peace of Allah be upon him), and they would not have disputed concerning it, or at least some of them would have quoted this as evidence for choosing that spot. But we have no report to indicate that such a thing happened. This indicates that the word “my grave” is an error on the part of some of the narrators of the hadeeth.
Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:
What is proven from the Prophet (blessings and peace of Allah be upon him) is that he said: “The area between my house and my minbar is one of the gardens of Paradise.” This is what is proven in as-Saheeh, but some of them narrated the meaning and said “my grave” (instead of “my house”).
When the Prophet (blessings and peace of Allah be upon him) said these words, he had not yet been buried. Therefore none of the Sahaabah quoted this as evidence when they disputed as to where he should be buried. If they had known that, then this would have served as proof to settle the dispute. End quote.
Majmoo‘ al-Fataawa (1/236)
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
The chapter heading mentions the grave, but the two hadeeths mention the house, because the grave was dug inside the house; in versions of the hadeeth the word “grave” is mentioned. Al-Qurtubi said: The saheeh report mentions “my house”; in the case of those reports which mention “my grave”, it is as if what is being narrated is the meaning, because he was buried in the house where he had dwelt. End quote.
Fath al-Baari (3/70)
He also (may Allah have mercy on him) said:
The words “The area between my house and my minbar” appear as such in the majority of reports. In the report of Ibn ‘Asaakir alone it says “my grave” instead of “my house”, which is an error. This hadeeth appears earlier in Kitaab as-Salaah, just before (the chapter on) funerals with this isnaad, saying “my house.” It also appears thus in Musnad Musaddad, the book of the shaykh of al-Bukhaari.
Yes, in the hadeeth of Sa‘d ibn Abi Waqqaas that is narrated in (the book of) al-Bazzaar, with an isnaad whose men are thiqaat (trustworthy), and it narrated by at-Tabaraani from the hadeeth of Ibn ‘Umar, it mentions the grave. Based on that, what is meant by the house in the phrase “my house” is one of his houses, not all of them, meaning the house of ‘Aa’ishah in which his grave is. The hadeeth was also narrated in the words “The area between the minbar and the house of ‘Aa’ishah is one of the gardens of Paradise.” Narrated by at-Tabaraani in al-Awsat. End quote.
Fath al-Baari (4/100)
Secondly:
With regard to the meaning of this hadeeth, the scholars noted three points:
1.This place is likened to one of the gardens of Paradise in that the one who sits there attains tranquillity and peace.
2.Worship in this place is a means of attaining admittance to Paradise. This view was favoured by Ibn Hazm in al-Muhalla (7/284). It was narrated by Ibn Taymiyah from Imam Ahmad that he preferred to pray in the Rawdah.
3.The area between the minbar and the house of the Prophet (blessings and peace of Allah be upon him) will itself be one of the gardens of Paradise in the Hereafter.
Al-Qaadi ‘Iyaad (may Allah have mercy on him) said:
The words “one of the gardens of Paradise” may be understood in two ways:
1.That worshipping there will be rewarded with Paradise, and that du‘aa’ (supplication) and prayer in this place deserve that reward, as it is also said that Paradise lies in the shade of the swords.
2.That Allah will move that spot and it will actually be part of Paradise. This was the view of ad-Dawoodi. End quote.
Ash-Shifa (2/92)
Ibn ‘Abd al-Barr (may Allah have mercy on him) said:
Some said that what is meant is that this spot will be taken up on the Day of Resurrection and will become a garden in Paradise.
Others said that this is by way of a metaphor. It is as if they mean that when he (the Prophet (blessings and peace of Allah be upon him)) sat there and the people sat with him to learn the Qur’an and matters of faith and religion, that spot became like a garden, because of the noble harvest of knowledge that they attained there, and it was connected to Paradise because these things lead to Paradise. That is similar to what the Prophet (blessings and peace of Allah be upon him) said: “Paradise lies in the shade of the swords” meaning that it (jihad) is an action that leads to Paradise. And it is similar to the idea that the mother is one of the gates of Paradise, meaning that honouring her will lead the Muslim to Paradise if he fulfils the obligatory duties. This is possible and is in accordance with Arabic usage. And Allah knows best what he meant by that. End quote.
At-Tamheed (2/287)
Imam an-Nawawi (may Allah have mercy on him) said:
They mentioned two views as to its meaning:
1.That that place itself will be moved to Paradise
2.That worship in that place leads to Paradise.
At-Tabari said: With regard to what is meant by “my house” here, there are two views: one view is that it refers to the grave, which was the view of Zayd ibn Aslam, as was narrated in a version that explained what was meant by “my house”, “between my grave and my minbar”; the second view is that what is meant is the house in which he dwelt, as is the apparent meaning.
Another version says “between my chamber and my minbar”.
At-Tabari said: The two views are close in meaning, because his grave in his apartment, which is his house. End quote.
Sharh Muslim (9/161-162)
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
The words “one of the gardens of Paradise” mean: it is like one of the gardens of Paradise with regard to the descent of mercy and attainment of tranquillity that results from attending gatherings of dhikr, especially at the time of the Prophet (blessings and peace of Allah be upon him). So it is likening it to a garden of Paradise.
Or it may mean that worship in that place leads to Paradise, so it is a metaphor.
Or it may be taken as it appears to mean, and that what is meant is that it is indeed a garden in a real sense, and that that place will itself be moved in the Hereafter to Paradise.
This is a summary of the ways in which the scholars interpreted this hadeeth, and they are given in order of strength. End quote.
Fath al-Baari (4/100)
To sum up:
That place has an evident virtue, which dictates that the Muslim should be keen to sit in that place and pray there. However what matters more is to fear Allah, may He be exalted, for that is the means of entering Paradise, not merely sitting in the Rawdah or any other place.
As it is a matter of worship, we cannot explain the reason why this place has been singled out and not others. Allah, may He be glorified and exalted, singles out whatever He will of times, places and individuals for particular virtues, and there is great divine wisdom in that, of which we may be unaware.
And Allah knows best.
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