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Friday, March 24, 2017

Breaking an oath and Kaffarah

1). one committed a bad act and then said “wAllahi I will never do that act again”. Then some time later broke the oath by doing the same bad act again.
2). Or one committed a bad act and then did tauba and made a promise to Allah ta`ala to never commit that bad act again by saying “O Allah, I will never … (naming the bad act), no matter how much I get tempted to” and then (being a weak slave of Allah) some time later did the same bad act again, hence breaking the promise with Allah `azza wa jall.
ANSWER
In the name of Allah, Most Compassionate, Most Merciful,
If one commits a sinful act and then repents from his sin and promises Allah Almighty never to commit the sin again without actually having taken an oath (yamin), then there will be no expiation (kaffara) for breaking the promise. He should repent once again to Allah, seek His forgiveness and make a firm intention to abstain from that sin.
However, if he took an oath that he will never commit the sin again, then firstly, it will be necessary upon him to keep this oath. Allah Most High states:
“Keep your oaths.” (Sura al-Ma’idah, 89)
Imam al-Mawsili (Allah have mercy on him) states in al-Ikhtiyar:
“Determined (mun’aqida) oaths are of various types:
1) Those that must be safeguarded, such as swearing an oath to carry out a obligatory (fard) act or abstain from a sin, for these acts are already binding upon a person, thus an oath only adds to its importance.
2) Those that must be broken, such as swearing an oath to commit a sin or leave out an obligatory act. The Messenger of Allah (Allah bless him & give him peace) said: “Whosoever takes an oath to obey Allah, should carry out the oath and obey Him, and whosoever takes an oath to disobey Him, must not disobey Him.”
3) Those in which breaking the oath is better than keeping it (m, although both will be permissible), such as taking an oath to break ties with a fellow Muslim, etc. The Messenger of Allah (Allah bless him & give peace) said: “Whosoever takes an oath to do something and later on finds another thing, better than that, then he should do what is better and make expiation for (the dissolution of) the oath.”
4) Those in which keeping the oath and breaking it is both equal. Here, it is better to safeguard and keep the oath, for Allah Most High says: “Keep your oaths” meaning from breaking them.” (al-Ikhtiyar li Ta’lil al-Mukhtar, 2/276)
Therefore, if one swears an oath to abstain from a particular sin, then he must keep to that oath and must not break it. However, if one breaks his oath, expiation (kaffara) will be binding upon him.Allah Most High says:
“Allah will not call you to account for what is futile (lagw) in your oaths, but He will call you to account for your deliberate oaths.” (al-Ma’ida, 89)
The method of the expiation of an oath has been mentioned by Allah Most High in the following verse:
“For expiation, feed ten poor persons, on a scale of the average for the food of your families; or clothe them; or give a slave his freedom. If that is beyond your means, fast for three days. That is the expiation (kaffara) for the oaths you have sworn.” (al-Ma’ida, 89)
In light of the above verse of the Qur’an, the following is the method of expiation (kaffara) for an oath that is broken:
1) If one wishes, then he may free a slave (of no relevance in our times), or, If one wishes, he may feed ten destitute people, morning and evening (or one poor person for ten days), or, if he wishes, he may clothe ten destitute people, (giving) each of them one garment or more, the minimum of (each) being that in which salah is valid. One may also give the equivalent of the above in money.
2) If one is not capable of any of these three things, one must fast three consecutive days. (See: Radd al-Muhtar, 3/62 & al-Ikhtiyar, 2/276)
And Allah Knows Best
[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK
http://islamqa.org/hanafi/daruliftaa/7801

Qadha and Kaffarah of fasts

Answer 1

http://islamqa.org/hanafi/daruliftaa-birmingham/77162
Saaiduna Abu Huraira Radiallahu Anhu narrates that while we were sitting with the Prophet a man came and said, “O Allah’s Apostle! I have been ruined.” Allah’s Apostle asked what was the matter with him. He replied “I had sexual intercourse with my wife while I was fasting.” Allah’s Apostle asked him, “Can you afford to free a slave?” He replied in the negative. Allah’s Apostle asked him, “Can you fast for two successive months?” He replied in the negative. The Prophet asked him, “Can you afford to feed sixty poor persons?” He replied in the negative. The Prophet kept silent and while we were in that state, a big basket full of dates was brought to the Prophet. He asked, “Where is the questioner?” He replied, “I (am here).” The Prophet said (to him), “Take this (basket of dates) and give it in charity.” The man said, “Should I give it to a person poorer than I? By Allah; there is no family between its (i.e. Medina’s) two mountains who are poorer than I.” The Prophet smiled till his pre-molar teeth became visible and then said, ‘Feed your family with it.” (Sahih Bukhari p.259 v.1)
From the aforementioned hadith we can derive that if a person intentionally ate, drank or engaged in sexual intercourse during a fast in the month of Ramadhan, kaffarah will be obligatory. (Kitabul Fiqh p.906 v.1)
With regards to your first question, the ruling is that if the cause of breaking the fast is because of intentionally engaging in sexual intercourse then one is required to do a separate kaffarah for each breaking of the fast. However, if the cause is something else besides intentionally engaging in sexual intercourse then one kaffarah will be sufficient. (Ahsanul Fatawa p.444 v.4)

Answer 2

It is not necessary to keep the qadha fasts in order. One can keep it whenever he wishes. It is obligatory to keep a qadha fast for every single broken fast. (Ilmul Fiqh p.29 v.3)

Answer 3

Saaiduna Abu Hurairah Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam forbade fasting on two days, the day of Fitr and the day of Adha.  (Muwatta Malik p.241)
Saaiduna Nubaisha al-Hudhali Radiallahu Anhu reports that the Prophet of Allah Sallallahu Alahi Wasalam saying, “The days of Tashriq are the days of eating and drinking.” (Sahih Muslim p.360 v.1)
It is not permissible to fast or to keep a qadha or kaffarah fast during these five days. They are the two days of Eid and the three days of Tashriq, which are the 11th, 12th and 13th of Zul Hijjah.
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham

http://islamqa.org/hanafi/daruliftaa-birmingham/19351

Allah (SWA) says “…And for him who is unable to do so, he should feed sixty of destitute.” (Surah Mujadalah v.4)
The upshot of the verse is that a person who is unable to fast due to ill health or is too old to fast; he or she will be allowed to feed sixty destitute instead of fasting for sixty days consecutively.
Therefore, the conclusion we can come to is that it is not permissible for a healthy person to forgo the kaffarah of fasting and feed sixty destitute instead. (Fatawa Darul Uloom Deoband p.456 v.6)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham.


http://islamqa.org/hanafi/seekersguidance-hanafi/32179
Answer: Bismi Llahir Rahmanir Rahimi
Only one expiation (kaffara) is owed for all the fasts vitiated in 2009 and 2010. If one purposely breaks a fast again in the future after performing the expiation, a new expiation is owed.  [Shurunbulali, Maraqi al-Falah]
The expiation is to fast sixty consecutive days in the year without any interruption. One must choose a time where one can fast these sixty days without the days of Eid or the three days after Eid al-Adha (al-Ayyam al-Tashriq) interrupting the fasts because of the prohibition of fasting on these days. [Shurunbulali, Maraqi al-Falah] If one does not fast them consecutively, then one must restart the 60 day period each time the continuity of the fasts is broken. [Tahtawi, Hashiyya al-Tahtawi]
It is important to note that one does not have a choice between fasting sixty days and feeding sixty poor people. Rather, one is obliged to fast sixty days, unless one is genuinely unable to perform all of these fasts based on reasonable surety. Reasonable surety is known by: 1) manifest signs, 2) a relevant past experience, or 3) the notification of an upright, Muslim doctor/expert.
If one is genuinely unable to perform the sixty consecutive fasts based on reasonable surety, then one must either:
a) feed the same sixty, poor people to their fill for two meals, or
b) feed one poor person to his fill for two meals a day for sixty days, or
c) give sixty poor people half a sa’* of wheat (or similar food grains) or its monetary value, or
d) give sixty poor people a sa’* of dates (or similar food grains) or its monetary value, or
e) give one poor person either c or d for sixty days.
[Shurunbulali, Maraqi al-Falah; Ala al-Din Abidin, al-Hadiyya al-Alaiyya; Shurunbulali Imdad al-Fattah]
*Half a sa’ is approximately 2 kilos (4.5 pounds). A full sa’ is approximately 4 kilos (9 pounds).
Barak Allah fikum
Naielah Ackbarali
Dhul Qa’dah 1 1431
October 9 2010
Checked & Approved by Faraz Rabbani



http://islamqa.org/hanafi/askimam/80212
What if someone when he was young, but has reached puberty, did not take his deen seriously and broke around thirty fasts intentionally over the years or did not keep some fast intentionally?
Does that mean sixty days of consecutive fast for each broken or missed fast?
Answer



In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykumwa-rahmatullāhiwa-barakātuh. 
If a Muslim deliberately breaks his fast during Ramadan with no justifiable reason in Sharī῾āh, then he has to compensate by paying Kaffārah (expiation) for the sin.
The Kaffārah (expiation) for a broken fast, which is in addition to making up the fast for the missed day is sixty consecutive days. If the sixty days is interrupted without a legitimate Shar῾ī reason, then one has to recommence the sixty days.[1]
If one is unable to fast the sixty days for a legitimate Shar῾ī reason e.g., old age or a chronic illness that makes fasting very hard then the person can do one of the following:
  • Feed sixty poor people two full meals a day
  • Feed one poor person two meals a day for sixty days
  • Give sixty poor people 3.5lbs, or 1.6kgs of wheat, flour, fine flour or its value in cash or feed one poor person for sixty days.
  • Give sixty poor people 7.5lbs or 3.5kgs of dry dates, barley or its value in cash or feed one poor person for sixty days.[2]
All of this is based on one’s average consumption. The food should not be beyond one’s normal amount of consumed food, neither should it be extravagant or inferior.[3]
If a Muslim deliberately misses a fast during Ramadan, this results in compensating for the missed fast by fasting one day ONLY, no Kaffārah (expiation) will occur in this situation.
If more then one fast of Ramadan is broken by eating or drinking or copulating with the spouse, one will be required to compensate with one Kaffārah (expiation) by observing sixty consecutive fast and one qadhā῾.[4]

And Allah Ta’āla Knows Best
Mufti Zaid Mohammed Shelia,
Student Darul Iftaa
USA

Checked and Approved by,
MuftiEbrahim Desai.
www.daruliftaa.net

http://islamqa.org/hanafi/seekersguidance-hanafi/32491
Also since his wife was also fasting does the same ruling applies to her, even though she was tempted into it by her husband? What is the ruling for the husband for tempting her ?
Answer: Assalamu alaikum wa rahmatullah,
I pray this finds you in the best of health states.
The first step for both spouses is to make sincere repentance (tawba) and ask Allah for forgiveness, as that act was sinful. Yet the doors of forgiveness are always open, by His unending grace, particularly in this blessed month.
Repentance entails:
(a) Immediately ceasing the act,
(b) Feeling sincere remorse and regret,
(c) Making the firm resolution to never repeat the act. [Nawawi, Riyad al-Salihin]
For this particular sin, expiation must also be performed by both spouses, even if the act was initiated and insisted upon by the husband. He would have a greater sin, but both are responsible for the act itself, as each did so willingly. Expiation is to fast 60 consecutive days, without missing a single day. This must be done in a time without any of the days of Id/Tashriq (Shawwal 1, Dhul Hijja 10-13), since it is sinful to fast on any of those five days.
If one does not fast the 60 days consecutively, one would have to restart the 60 days.
The only exception to this ruling is for a woman in menstruation or post-natal bleeding. She would abstain from fasting on the days of menstruation/lochia, and then resume immediately upon becoming pure. If she delayed the fast after becoming pure, she would have to restart the 60 days.
Lastly, aside from the expiation, the day on which this happened would need to be made up, as the fast for that day was broken. [Tahtawi/Shurunbulali, Hashiyat Tahtawi ala Maraqi al-Falah]
Please see this related answer:
And Allah knows best.
wassalam
Faraz
Checked & Approved by Faraz Rabbani


http://islamqa.org/hanafi/askimam/12291
1. A person broke his fast intentionally by eating, or drinking or intercourse on one day or many days in one Ramadhaan, then only one Kaffaarah is Waajib.
2. If he broke his fast intentionally by eating or drinking in different Ramadhans, then too only one Kaffaarah is Waajib
3. If he broke his fast intentionally by sexual intercourse in different Ramadhaan, then for each Ramadhan, a separate Kaffaarah has to be made. ()Aalamgiri)
and Allah Ta’ala Knows Best

Mufti Ebrahim Desai


http://seekershub.org/ans-blog/2011/12/21/the-expiation-kaffara-for-having-sex-while-fasting/
Answered by Shaykh Faraz A. Khan

Question: 1. I was involved in a sexual activity while fasting during ramadhan with a woman. After having sex i discontinued my fast. At that time i was not married. Please suggest me kaffara.
2. During one Ramadhan i had sex with my wife while fasting. This happened several times in that month. That time we were newly married. Sometimes i use to fast and some times i was not but my wife continued her fasting whole month. We use to sleep together after offering fajr prayer. It was me who initiated that act and we use to continue our fast even after having sex. Can you please let me know the kaffara for in the light of Quran and Sunnah for both of us.
Answer: Assalamu alaikum wa rahmatullah,
I pray this finds you in the best of health and states. May Allah reward you for your desire to repent and make amends, and grant you ease in doing so.
Tawba: Repentance
Regarding the first question, this was a very grave sin in Sharia. You must make sincere repentance for it: seek Allah’s forgiveness while feeling real remorse, cease doing this act (if you still do it), and resolve never to do it again.
Regarding the second question, again both you and your wife must make sincere repentance for these acts.
[Nawawi, Riyad al-Salihin]
Kaffara: Expiation
In terms of kaffara, you and your wife each owe one kaffara, which is to fast for 60 consecutive days, without missing a single day. This must be done in a time without any of the days of Id/Tashriq (Shawwal 1, Dhul Hijja 10-13), since it is sinful to fast on any of those five days.
If one does not fast the 60 days consecutively, one would have to restart the 60 days.
The only exception to this ruling is for a woman in menstruation or post-natal bleeding. She would abstain from fasting on the days of menstruation/lochia, and then resume immediately upon becoming pure. If she delayed the fast after becoming pure, she would have to restart the 60 days.
Makeups
In addition to the kaffara, each of you must calculate the number of days on which this occurred, and then make up that number. This is because intercourse while fasting does break the fast, so those days did not count even if you both continued to abstain from food/drink the rest of the day.
As opposed to the kaffara however, these makeups do not have to be made up consecutively.
Both of these rulings — kaffara and makeups — pertain to both you and your wife, even if it was you who initiated the act.
[Tahtawi/Shurunbulali, Hashiyat Tahtawi ala Maraqi al-Falah]
And Allah knows best.
wassalam
Faraz
Checked & Approved by Faraz Rabbani

http://islamqa.org/hanafi/askimam/15789
Asalaamualaikum. I became Muslim just under 3 years ago (and just before ramadhan). I was told by a brother whom I believed to be reliable, that it did not matter if I broke my fast and that I simply had to make up the fast after ramadhan finished. On several occasions during my first ramadhan I weakened and deliberately broke my fast. I have already observed the qada fasts. Do I need to observe kaffarah?
Answer
In principle, one will be excused to break one?s fast if he/she suffers from such a sickness that he/she fears if he/she fasts, his/her illness will increase or he/she fears that he might get sick or will lose his/her life or a limb or suffer such hunger and thirst that he/she fears his/her life or losing his/her mind. (Aalamgiri vol.1 pg.207)
Hence, if your fast was not of the above nature, then Kaffaarah and Qadhaa will be necessary. However, we should bear in mind that the Kaffaarah is, a) Freeing a slave, b) Fasting for 2 consecutive months, and if one is unable to do so, then, c) Feeding 60 orphans 2 meals.
You should also remember that for all the fasts that have been broken by eating or drinking, only one Kaffaarah will be sufficient. You will not have to keep separate Kaffaarah for each broken fast.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai 
FATWA DEP


Please go through the following details about Kaffarah for multiple broken fasts
http://islamqa.org/hanafi/askimam/15789
http://www.askimam.org/public/question_detail/26655
http://islamqa.org/hanafi/askimam/12291
http://islamqa.org/hanafi/daruliftaa-birmingham/77162
 According to these fatwas: 
If fast was broken due to intercourse, then a separate kaffarah will be required if this happened in separate Ramadans i.e. One kaffara for each Ramadan
If fast was broken due to eating/drinking, then one Kaffarah would be sufficient for all previous broken fasts, even in different Ramadans

Wednesday, March 22, 2017

Udhiyya

http://islamqa.org/hanafi/daruliftaa/8327
Can you please provide some details regarding Qurbani, especially the rules regarding having one’s Qurbani done in UK slaughterhouses?
ANSWER
In the name of Allah, Most Compassionate, Most Merciful,
‘Udhiya’ is an Arabic term which means ‘sacrificing an animal’, and ‘Qurbani’ is an Urdu and Persian word derived from the Arabic word ‘Qurban’ which literally means an act performed to seek Allah’s pleasure. It is technically used for the sacrifice of an animal slaughtered for the sake of Allah.
Virtues of Udhiya (qurbani)
Allah Most High Says:
‘So turn in prayer towards your Lord and sacrifice (animals).’ (Qur’an 108:2)
There is nothing dearer to Allah during the days of Udhiya than the sacrificing of animals. The sacrificed animal shall come on the Day of Judgment with its horns, hair, and hooves (to be weighed). The sacrifice is accepted by Allah before the blood reaches the ground. Therefore sacrifice with an open and happy heart. (Sunan Tirmidhi and Sunan Ibn Majah)
Sayyiduna Zayd ibn Arqam (may Allah be pleased with him) relates that the Companions asked, ‘O Messenger of Allah! What is Udhiya?’ He replied, ‘It is the Sunna of your father Ibrahim (peace be upon him).’ They asked again, ‘What benefit do we get from it?’ He answered, ‘A reward for every hair (of the sacrificed animal).’ ‘And [what reward is there for animals with] wool, O Messenger of Allah?’ they asked. ‘A reward’, he said, ‘for every fiber of the wool.’ (Sunan Ibn Majah)
When a person slaughters an Udhiya animal, he is forgiven at the fall of the first drop of blood, and verily, the animal shall be brought forward on the Day Of Judgment with its blood, meat etc., and shall be increased in weight seventy times more than its own weight, and thereafter it will be placed on the scale of deeds. (See: Kanz al-Ummal)
Who is required to Perform Udhiya?
Every adult Muslim, male or female, who owns 612.36 grams of silver or its equivalent in money, personal ornaments, stock-in-trade or any other form of wealth which is in excess of one’s basic personal needs, is under an obligation to offer the ritual slaughter (Udhiya).
Each adult member of a family who owns the above-mentioned amount must carry out his or her own Udhiya separately. If the husband owns the required amount but his wife does not, then slaughtering will be obligatory on the husband only, and vice-versa. If both of them have the prescribed amount of wealth, then two separate Udhiyas will need to be performed.
If the adult children live with their parents, Udhiya is obligatory on each one of them possessing the prescribed amount. The ritual slaughter offered by a husband for himself does not fulfil the obligation of his wife, nor can the Udhiya offered by a father discharge his son or daughter from their obligation; rather, separate sacrifices will have to be carried out for each individual possessing the required amount. A husband or father, apart from offering his own ritual slaughter, may offer another on behalf of his wife or son, with their permission.
The Time of Udhiya
1) Udhiya is only valid during the three days of Dhu’l-Hijjah, namely the 10th, 11th and 12th, and cannot be performed in any other day of the year.
2) Although Udhiya is permissible on each of the above three days, the first day (i.e. the 10th of Dhu’l-Hijjah) is the most preferable and desired day.
3) Generally, Udhiya is not allowed before Eid Salat. If Udhiya is being done at a place where Eid Salat is not performed, the slaughter should commence after the completion of Eid Salat in the nearby town/city. However, according to the Hanafi School, in small villages where Eid prayer is not to be performed, Udhiya can be offered any time after the break of dawn on the 10th of Dhu’l-Hijjah.
4) Udhiya can be performed during night time. However, it is preferable to perform it during the daytime.
Conditions for the Slaughtered Animal
1) The animals eligible for Udhiya are goats, sheep, cattle and camels, male or female. No other type of animal is allowed for Udhiya.
2) Castrated animals may be used for Udhiya.
3) Barren animals may be used for Udhiya.
4) Goats and sheep have to be at least one year old. However, a healthy sheep that looks like a one year old may also be used, provided it is at least six months of age.
5) Cattle (cow, ox and buffalo) must be at least two years old.
6) Camels must be at least five years old.
Rulings on Defects in the Udhiya Animal
1) An animal that was born without horns or the horn is broken off from the middle is eligible for Udhiya. However, if the horn is broken off from the root, or the horn has been uprooted, then it will not be eligible for Udhiya.
2) An animal that is totally blind or has lost one-third or more of its eye-sight, or one-third or more of one of its ear is cut, or one-third or more of its tail is cut, is not eligible for Udhiya.
3) An animal which limps/walks on three legs and cannot put the injured (4th) leg onto the ground, or it is able to put the injured leg onto the ground, but is unable to walk on it, is not eligible for Udhiya. However, if it is unable to walk on it, but can still take support from it, then it is eligible for Udhiya, even though it is limping.
4) Animals having no teeth at all are not eligible for Udhiya. If an animal has lost some teeth only, and has most of its teeth, it is eligible for Udhiya. If most of the teeth are lost, it is not eligible for Udhiya.
5) An animal born without ears is not eligible for Udhiya. An animal with very small ears is eligible for Udhiya.
6) Thin and extremely weak animals, unable to walk to the place of slaughter, are not eligible for Udhiya.
7) If an animal sustains an injury whilst being slaughtered, the Udhiya is valid.
8) If an animal is purchased in a healthy and eligible state, and thereafter, an accident occurs which renders the animal unfit for Udhiya, then in such a case, if the purchaser is no longer wealthy (owner of the required amount) it will be permissible to offer the same animal for Udhiya. However, if the purchaser is wealthy, then it is necessary to obtain another animal in place of the injured animal.
9) If an animal purchased for Udhiya gives birth (before being slaughtered), then the newly born animal should also be slaughtered.
Specification of Animals for Individuals Performing Udhiya
In most Western countries such as the UK, rather than one slaughtering the animal himself, Udhiya is carried out at the slaughterhouse on one’s behalf. In such a case, it is imperative that animals are specified prior to slaughter and that the specified carcass finally reaches the one performing Udhiya. To ensure this, whilst recognising the technicalities at abattoirs, the following steps should be adhered to:
1) It is important that the animal is purchased before the Udhiya is performed, or at least, specified for purchase and Udhiya on behalf of the one wishing to perform Udhiya. This should be done by tagging a label on the animal which displays the individual’s name or an assigned number.
2) If multiple Udhiya orders are placed through an agent (such as the butcher), the agent should list all the names with exclusive numbers and keep them securely. The agent should also at this stage provide the customer with his assigned number for his information. Thereafter, the complete list should be forwarded to the abattoir before Udhiya commences.
3) It is then the responsibility of the slaughterer at the abattoir to specify animals for each agent or butcher according to the number given. Furthermore, a particular animal must be specified for each name or assigned number provided by the agent and labelled accordingly, as outlined in the example below:
a) Label or tag the animal with the name of the agent/butcher and his customer: e.g. (butcher/agent) XYZ & (customer) XYZ.
or for the purpose of simplicity:
b) Label or tag the animal with the name of the butcher/agent and specified Udhiya number: e.g. Butcher XYZ Customer No 1, Butcher XYZ Customer No 2, Butcher XYZ Customer No 3, and so on and so forth. As such, each animal must at least be numbered and this must be done before slaughter or at the latest when brought into the slaughter bay. Mere slaughter without specification is not sufficient even if the intention is to specify and number the carcasses at a later stage e.g. whilst loading.
4) Finally, care should be taken that each individual receives his specified and numbered carcass after slaughter and after implementation of the subsequent processess.
Case Scenario
‘Abdullah Butchers’ has an order of 50 Udhiyas. He makes a list of the names of customers who have placed an order with him and assigns a specific number for each individual customer, e.g. Muhammad – 1, Ismail – 2, etc. A copy of this list is then given to the slaughterhouse and one copy retained by the butcher. When each animal is about to be slaughtered, the slaughterers specify that this particular animal is for order number x of ‘Abdullah Butchers’. The slaughterer then labels the animal accordingly to distinguish it as that particular Udhiya, so that when the order is collected or delivered, the butcher clearly identifies which customer’s Udhiya it is, according to the list he had drawn up.
Dhabh (Slaughter) of the Udhiya Animal
1) It is recommended (mustahabb) that the owner of the Udhiya animal slaughters it personally, provided he is able to slaughter properly. If the owner is unable to slaughter, it is better to delegate the task to another Muslim who is acquainted with the requirements of a valid Islamic slaughter. If the slaughter has been delegated, it is desirable that the owner of the Udhiya animal is present at the time of slaughter.
2) The Islamic slaughter requires that the throat, the external jugular veins and the wind-pipe of the animal is swiftly and clearly severed with a sharp tool, together with invoking the name of Allah Most High. If only two of the passages and veins are cut, the slaughter will be deemed incorrect. If any three of the four are severed, the slaughter will be valid.
3) It is Mustahabb to face the Qibla while slaughtering.
4) It is preferable to sharpen the knife before slaughter to ease the suffering of the animal.
5) After slaughter, the animal should not be skinned or cut up into pieces before it turns completely cold.
6) It is disliked to slaughter an animal in the presence of another animal, although the slaughter is valid.
7) It is preferable to read the following whilst laying the throat of the animal towards the Qibla:
For me, I have set my face firmly and truly towards Him, Who created the heavens and the earth. And never shall I give partners to Allah. Verily, my worship and my sacrifice, my living and my dying are for Allah; Lord of the worlds. O Allah this sacrifice is from you and is for you
Whilst slaughtering the animal read, ‘Bismillah Allahu Akbar‘ (In the name of Allah, Allah is the Greatest).
If the above are not memorized, then make intention of Udhiya and merely recite ‘Bismillah’ and the Udhiya will be valid.
The Meat and Skin of the Udhiya Animal
1) It is allowed for the one performing Udhiya to either eat off the meat or give it to whomsoever he pleases, rich or poor, Muslim or non-Muslim. It is preferable, however, that the meat is divided into three parts: One part for the home, one part for relatives and friends, and one part for the poor and needy.
2) The meat or skin of the animal cannot be sold, or given to an employee or butcher in payment of his labour. It may be given as a gift. The skin of the Udhiya animal can be kept for personal use or given to anyone else for their personal use. If the skin is sold, it is necessary to give the money accrued in charity as Sadaqah.
3) It is not permissible to eat the meat of the following types of sacrifices:
a) Sacrifice that is carried out as expiation (kaffara) for a mistake committed during Hajj.
b) Sacrifice carried out for a deceased person due to his bequest (wasiyya).
c) Sacrifice carried out due to a vow (nazr).
The meat of the above-mentioned 3 types of sacrifices must be distributed to the poor and needy only.
Distribution of the Meat
If an animal is sacrificed on behalf of more than one person, like a cow or camel, its meat should be divided equally among its owners based on weight, and not randomly or by mere conjecture. Even if all the partners agree on its distribution without weighing, it is still not permissible according to Shariah.
However, if the actual weighing is not practicable due to some reason, and all the partners agree to divide the meat without weighing, distribution by guess can be done with the condition that each share necessarily contains either a leg of the animal or some quantity of its liver.
No Alternative for Udhiya
Some people think that instead of offering a ritual slaughter (Udhiya), they can give its amount to the poor as charity. This attitude is totally wrong. In fact, there are different forms of worship obligatory on Muslims. Each one of them has its own importance and none of them can stand for the other. It is not permissible for a Muslim to perform Salat instead of fasting in Ramadhan, nor is it permissible to give some charity instead of observing the obligatory Salat. Similarly, Udhiya is an independent form of worship and cannot be discharged by spending money in charity.
However, if an individual, out of ignorance or negligence, could not offer it on the three prescribed days (10th, 11th and 12th of Dhu’l-Hijjah) then, in that case only, he can give the price of a ritual slaughter (Udhiya) as Sadaqah to those entitled to receive Zakat. But during the days of Udhiya, no Sadaqa can discharge this obligation.
Cutting and Clipping the Hair and Nails
It is Mustahabb (and not necessary) for the one intending to perform Udhiya to refrain from cutting hair or clipping nails from 1st of Dhu’l-Hijjah to the 10th of Dhu’l-Hijjah, (i.e. until the days of Udhiya have passed).
And Allah Knows Best
(Shaykh) Zakariyya ibn Yusuf
Edited and Approved by:
(Mufti)
[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK

Penalties in Hajj

http://islamqa.org/hanafi/daruliftaa/8389
A few years ago I performed Haj. On the second night of tashreeq we finished our tawaf al ziyarat very late, and stayed in Makkah, rather than attempting to return to Mina. It was midnight, and we had spent approximately 6-7 hours trying to do the tawaf and sa’i. At the time I asked a mutfi, what the status was. He said we had left the Sunnah by staying in Makkah, but that no dam [penalty sacrifice] was liable. Others have told me that if you do not stay in Mina these nights there is no harm if you are in the Haram, and the hotel we were in was in area that maybe part of the Haram, as the jamat of the salah used to go way further than our hotel.
Recently, someone who follows Hanbali fiqh has put doubt in my mind as to whether I should have done a penalty sacrifice or not for not being in Mina on the second night [i.e. 11th of Zul Hijjah].
Q1: Should I give a penalty for this?
Q2: Am I correct in thinking that this has to be given in Makkah or Mina if it needs giving now?
ANSWER
In the name of Allah, Most Compassionate, Most Merciful,
The great Hanafi jurist (faqih), Mulla Ali al-Qari (Allah have mercy on him) states in his excellent and one of the most reliable works on the topic of Hajj in the Hanafi School, al-Maslak al-Mutaqassit:
“When one completes the Tawaf al-Ziyarah, one should return to Mina…..One should not spend the night in Makkah or on the way (m: to Mina), because spending of the Mina nights (baytuta) in Mina is a Sunnah according to us (m: Hanafi School) and Wajib according to Imam Shafi’i (Allah have mercy on him). If one spent most part of the night in other than Mina, then this will be considered somewhat disliked (makruh tanzihan), but there will be no penalty necessary on such a person according to us. It is a Sunnah to spend the nights in Mina during the days of pelting (rami).” (See: Manasik of Mulla Ali al-Qari, P. 234-235)
Thus, in the Hanafi School, it is a Sunnah to spend the nights of Mina in Mina. To spend the nights elsewhere is Makruh Tanzihan, hence not doing so does not necessitate a penalty (dam).
However, one should remember that one should not take this Sunnah lightly. One should not leave the Sunnah of the Messenger of Allah (Allah bless him & give him peace) merely for the sake of little comfort. The nights spent in Mina are much more virtuous than a comfortable night in the hotels of Makkah.
And Allah knows best
[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK


http://seekershub.org/ans-blog/2010/11/27/what-expiation-is-required-for-accidental-violations-of-ihram-during-hajj/
Question: Asalamu Alaikum,
I recently came back from Hajj, Alhumdulilah, and had a few questions on Ihram violations. In each of the three scenarios mentioned, do I owe a dam or charity? Also, when and where do I owe them. JazakAllah khair for your help!
Answer: Assalamu alaikum wa rahmatullah,
I pray this reaches you in the best of health and faith.
1) My wife had to scratch her head knowing that her hair might come off while she was doing so, but because the itch was bothering her, she scratched her head and a hair was removed. Does she owe a Dam? Also, should this Dam have been given during the Hajj time or can I have someone in Mecca that we know pay for a Dam to be sacrificed in the Haram?
With respect to prohibitions, accidental violations are not sinful but still require expiation. Yet a sacrifice of a sheep [dam] is due only for removing a fourth or more of one’s hair. Hence she only owes donation, namely, about 2.2 kg of wheat or its equivalent monetary value to a poor person. This donation is not specific to any place, as opposed to the sacrifice [dam] which if necessary, must be performed within the Sacred Precinct [haram]. If a sacrifice were necessary yet one had already returned home, one could have someone else over there do it on his/her behalf, even after the time of hajj.
But again, the answer to your question is that a donation is due, not a sacrifice.
2) I had a money pouch around me during Ihram. Before I put my Ihram on, that pouch had a bottle of perfume in it. While I was in Ihram, I put my hand in the pouch and touched the perfume and realized it was there. I picked it up and threw it out, but in the process of doing so, my fingers got the perfume scent on them. Also, scent was coming from the perfume bottle that was located in my pouch probably for about 3 or 4 hours while I was in Ihram before I discovered it.
It is unlikely that your entire hand got scent on it, so because it was less then an entire limb, only a donation is due [as detailed above], not a sacrifice. The perfume in the bottle/pouch is of no consequence.
3) I accidentally used liquid soap in a public restroom on my hand but quickly washed it off as soon as I put it on when I realized I wasn’t supposed to.
If it were scented and was applied on your whole hand [i.e., one entire limb] or more, then one sacrifice [dam] would be due. As outlined above, this is not time specific but is place specific. So if you know anyone in the Sacred Precinct, or the next time you know someone going for hajj or umra, just ask that person to do a sacrifice of a sheep on your behalf.
And Allah knows best.
wassalam


http://www.askimam.org/public/question_detail/27386

Title: If I did my halq after the time the bank told me, is it done? If I found stains of stool on my underwear after Tawaf e Wida, and am not sure if it happened during or after Tawaf, is Tawaf done?
Question

1. I done my Hajj qurbani by paying qurbani money to saudi government farms. they told me to do halaq at 10AM on 10th Zil hajj and i done that. As i am Hanafi i am still confused whether they did my qurbani before 10AM or not. Please guide me, i dont know if it is my waswasa?
2. on my last day in Makkah i done tawaf e wida but i was suffering from stomach upset. I was with wudu alhamdulillah in whole tawaf but after leaving Makkah on the way to madina i saw yellow stains of stool on my underwear, Now i am confused whether it was after tawaf or during tawaf. Please help me in this critical situation by answering my questions.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful. 
As-salāmu ‘alaykum wa rahmatullāhi wa barakātuh.
  1. In principle, if one shaves his head (halq) before dhabh (slaughtering the animal) in Hajj Tamattu‘ or Hajj Qirān, he will be liable for dam. [1] Those who place their order for dhabh through the banks must acquire the time for slaughter from the bank, and then verify that it has been slaughtered at that time, either by attending the slaughter place personally or by sending someone to do so on his behalf who will confirm for him that his animal has been slaughtered. If this is not done, since there is a likelihood that one performed the halq before dhabh, he will have to give dam out of precaution. [2] Hence, if you performed Hajj Qirān or Hajj Tamattu‘, you should slaughter a sheep or goat in the Haram with the intention of dam

  1. In principle, the one who is certain he was in the state of wudū’, and unsure about having broken it, he will be considered as having been in the state of wudū’. [3] Since you are unsure whether your wudū’ broke at the time of Tawāf Wadā‘ or after it, you will be regarded as having been in the state of wudū’ at the time of Tawāf. Hence, your Tawāf is valid. 


http://askimam.org/public/question_detail/12613.html

Title: how many qurbani must b made after shaving head in hajj 1 or 2?
Question
Answer
There are two types of animal sacrifices: a) Qurbaani and, b) Damm

Qurbaani is that sacrifice of an animal during Eid-ul-Adha. This is not related to Hajj. Qurbaani is compulsory upon every adult Muslim who has at least the possession of the Nisaab of Zakaat during the 10, 11, 12 of Dhul-Hijjah.

Damm is a sacrifice related to Hajj. If a person performs Umra together with Hajj, whether in one Ihraam or separate Ihraams (Qiraan or Tamattu), then the Haji must sacrifice a goat, sheep or 1/7 share of a camel. This is known as Damm-e-Shukr. It is to thank Allah for the opportunity to perform Umrah together with Hajj.

There is another type of Damm known as Damm-e-Jinaayat. This is, when a person violates the laws of Ihraam, he has to pay a penalty by sacrificing a goat, sheep or 1/7 camel. At times, an entire camel has to be sacrificed depending on the nature of the violation.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai


http://www.askimam.org/public/question_detail/18850
In the name of Allāh, Most Gracious, Most Merciful 

Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh 

In principal, a person has to don the ihram at the time of crossing Meeqat if he has the intention of performing Umrah.

If your brother’s intention was only to visit you, then dam will not be necessary. However, if his intention was to visit you and perform Umrah, then dam (sacrifice of a goat or sheep)  will be necessary. The nearest Meeqat is Al-Rabigh (Juhfah) which is almost 150 km away from Jeddah. 

(Ap kay Masail, Vol.4, Pg.101, Maktabah Bayyinaat)

It is necessary for a person to cut the hair within the haram. Not doing so will render a dam compulsory upon the individual.

(Al Jami Sagheer, Pg. 165) [1]

Once they have returned from Madinah to your place, they will be considered residents (muqeem) of Jeddah. If they want to perform Umrah again, Ihram could be donned from Jeddah.

(Ap kay Masail, Vol.4, Pg.101, Maktabah Bayyinaat)


If the hair is shorter than a finger tip, it will be compulsory to shave the head. One dam will be compulsory upon him. If the car was in haram, there will be no dam upon her.

You can don the ihram from your home whether you are performing for yourself or on behalf of someone else.


Two dams will only be necessitated when:

-When two  mistakes of different nature are committed.
-When one  mistake is commited at different times

For further enlightenment on this issue, please consult with your local Ulama

We suggest you to read the kitaab “Muallimul Hujjaaj” written by Molana Saeed Ahmad Sb (R.A)

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum  

Ml. Abdur Rahman Shareef,
Student Dārul Iftā

Checked and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah


http://www.askimam.org/public/question_detail/19131
Having completed hajj I made my way to Medinah and after that I asked my ticket to be extended. As a result I traveled from Medina to Jeddah with my tour group. They issued me my passport and I then had my father-in-law pick me up from Jeddah and we made our way back to Makkah.
My question is my understanding was that I had to make intention of my ihram from Jeddah, but having spoken to my father in law, he advised that I should have done so from medina, but the issue would have been that all the other passengers would be in normal clothes and I would have been in ihram which could have caused problems for me as there are normally checks and questions would have been asked.
Anyways I did not wear the ihram at Jeddah as my father in law advised not to do so, so I would like to know what I need to do like nafl umrah from say masjid Ayesha and/or Dam? As my intention was to always travel to Makkah.
My other question is my wife lives in makkah and mostly every year she performs hajj but wears her nikab over her face during hajj/ihram, as she does not want to fulfill 1 fard and leave another as she is very strict in wearing the niqab alhumdulillah. She is not comfortable wearing the English type cap under her niqab as she finds it hard to see properly. My question is does dam become compulsory on her or is giving sadqah sufficient enough? I believe my father in law previously has given sadqah on her behalf but this year she has now become my responsibility and I wish to ask the learned scholars for their guidance.
Answer
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

1.) The meeqat for those coming from the direction of Madinah is Dhul-Hulayfah(also known as Bi'r Ali or Abyaar Ali). There is another meeqat called Juhfah, closer to Makkah. You could have entered ihraam there as well, although the meeqat of Dhul-Hulayfah is preferred for those coming from the direction of Madinah.
Since your intention was to travel to Makkah for Umrah, and you bypassed the meeqatwithout entering into ihraam, a damm is now obligatory. Had you traveled back to any point of meeqat and made ihraam from there before starting the rites of Umrah, the damm would have been erased. [i] [ii] [iii] [iv]
*Damm: Refers to the slaughtering of a goat, a sheep, a one-seventh part of a cow, or a one-seventh part of a camel within the precincts of the Haram in lieu of certain violations made while performing the manaasik (rites) of Hajj and Umrah

2.) To have a piece of cloth touching the face while in ihraam is not correct if it is done intentionally. Pious women from the Sahaabiyyaat (radiyallahu anhunna) to our times have been concealing their faces while not letting the cloth touch the face. Your wife should find an alternative solution that would allow her to maintain her niqab in ihraam without having a piece of cloth touch her face.
If the face is covered for a period of less than 12 hours at a time then sadaqah is wajib. If the face is covered for a period of 12 hours or more at a time, then a dammwill be obligatory. The penalty will apply only once since she intends to keep re-wearing the niqab for the same reason (i.e that of not being able to see with the cap extension). Multiple sadaqahs or damms will not apply if your wife removes the niqab and wears it again while in ihraam. [v] [vi] [vii]
*The amount of sadaqah is half a Saa' (1.75kg to 2.32 kg / 3.86 lb to 5.11 lb) of wheat (or its monetary equivalent which is equal to the amount given for Sadaqat-ul-Fitr

And Allāh knows best.
Ml. Sohail Bengali
Chicago, IL (USA)
Concurred by:
Muftī Abrar Mirza
Chicago, IL (USA)
Under the Supervision of Muftī Ebrahim Desai (South Africa)


http://askimam.org/public/question_detail/2748.html
Respected Mufti Sahab, As-Salaamu Alaykum Wa Rahmatullahi Wa Barakatuhu. If a person unknowingly brushes his teeth while in Ahram. He has to pay Dam or Sadka?h? If Sadka?h what value and where should he pay in Mecca Mukarrama?h or his place? Jazak?um?llah Khair. Was Salaam.
Answer
Respected Brother-in-Islam

Assalaamu Alaykum Wa Rahmatullaahi Wa Barakaatuhu

If a person uses toothpase in the state of Ihraam, then he will have to
slaughter a goat or sheep as a penalty (dam). The animal must be slaughtered
within the boundaries of the Haram.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT. 


http://askimam.org/public/question_detail/30851
My Question related to Hajj.
I have done Hajj this time 
I went outside the hadood to meet a friend at that time i was not aware of this Hadood.
then a Friend o mine called me and told me that you will do Dam now.
kindly solve my issue, if i have Dam than i will do it if not.
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
At the outset, the enquired situation is going to be one of the two:
  1. You left the boundaries of Haram while you were in the state of Ihram and did not complete the rituals of Hajj or Umrah, or 
  2. You left the boundaries of Haram after completing the rituals of Hajj or Umrah 
In the first situation, after entering into Ihram and making Niyya for Hajj or Umrah, one should complete the rituals of Hajj and Umrah without exiting the Hudood of Haram. The Mu’temireen (those who put on Ihram for Umrah) have to remain in the boundaries of Haram until they shave their heads. And the Hujjaj (those who put on Ihram for Hajj) have to remain in the state of Ihram until the Day of Sacrifice (the 10th of Dhul Hijjah after sacrificing). Therefore, if someone had to leave the boundaries of Haram while he was in the state of Ihram, he will have to give Dam.[1]And if someone left the boundaries of Haram after coming out of Ihram, he will not have to give anything. However, if he exits the boundaries of Haram and then enters into the boundaries again, he will have to enter in the state of Ihram, or else he will have to give Dam.
In the enquired situation, if you left the boundaries of the Haram to meet your friend while you were in the state of Ihram, you will have to give Dam, and if you went to meet him after completing the rituals of Hajj or Umrah, then Dam will not be necessary, with the condition that you do not enter the Haram without Ihram.[2]


And Allah Ta’āla Knows Best
Asim Patel
Student Darul Iftaa
Venda, South Africa
Checked and Approved by, 
Mufti Ebrahim Desai.
www.daruliftaa.net



http://islamqa.org/hanafi/askimam/12743
1. Is it permissible for a female to wear the normal purdah (face covering) while in Ihraam? 2. Can one use vaseline in Ihraam, and if so, which type? Due to skin irritation, a person scratches his face under his beard. This sometimes results in hair falling. If this is done while in Ihraam, and some hair falls off, what should one do? 4. If hair falls of the beard as a result of stroking the beard while in Ihraam, what should one do?
Answer
1. A female in Ihraam may wear her Purdah in such a manner that it does not touch the face. This may be done by wearing a cap type headgear that will stop the Purdah from going on to the face.
2. It is permissible to use scentless vaselines in Ihraam.
3. Scratching or stroking resulting in the hair falling does not constitute Dam (penalty). However, if intentionally a person plucked his beard, Damm will not become necessary, but one should give Sadaqah. (Hidaaya vol.1 pg.267; Ilmiyah)
and Allah Ta’ala Knows Best

for: Mufti Ebrahim Desai
FATWA DEPT


Q: What is the penalty when ones hair falls off during ihraam?

A:If the hair falls off on its own then there is no penalty. If the hair falls out while making wudhu then for every three hairs one handful of wheat must be given in sadqa. If he plucks out the hair himself then
for every hair he should give one handful of wheat in sadqa.