Upholding & Sharing the Legacy of Imam Ash-Shafi'i

Wudu and the Qur’an on an E-Reader

Posted by on Jan 28, 2012 in Actions Regarding Wudu, Featured | 0 comments

Question:

As Salaamu alaikum,

I recently purchased an e-reader for reading books, including the Quran.  But it occurred to me that I sometimes will not have wudu while carrying it.  How should one treat the Quran in electronic format?

Country: United States

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

The Shafiyyah discuss the issue of a lawh [a slate upon which the Qur’an is written for study]. Regarding this, in Kifayat al-Nabih v. 1, p. 434, Ibn al-Rif’ah related two opinions; the relied-upon, which is stated in Qadi Husayn’s Ta’liq, al-Tahdhib, Imam al-Haramayn’s Nihayah, and al-Kafi, is that it is unlawful to touch it without ablution. In Rawdah v. 1, p. 239, Imam Nawawi asserted this opinion without mentioning a difference. In Sharh al-Muhadhdhab v. 2, p. 69, he mentioned two opinions. The relied-upon is ascribed to the majority of the As-hab as “al-Madhhab al-Sahih.” In short, the relied-upon opinion is that touching it requires ablution.

The ruling extends here as the digitally displayed text, on electronic paper for example, is written and we consider it as Qur’an. Thus, if one is holding an e-reader to read the Qur’an from it, then ablution is necessary.

When the e-reader is off, for example, and the Qur’an is merely preserved in the system’s memory along with other books, then this would not require ablution.

And Allah knows best.

Shafiifiqh.com Fatwa Dept.

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Purifying From Pre-ejaculatory Fluid at Work

Posted by on Jan 26, 2012 in Featured, Impure Substances (Najasat), Taharah | 0 comments

Question:

Assalamualaikum, it is my understanding that one must do ghusl (obligatory bath) if one secretes semen. But ghusl is not required for pre-cum. Still one must change the article of clothing? If this is the case, then what if an individual is out i.e. at work, and is not in a position to do so? Can he pray the fard prayers? Keeping that he cleans his private parts and slightly washes the article of clothing also? Is the prayer accepted?

Country: Sri Lanka

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

In Sharh al-Muhadhdhab v. 2, p. 552, Imam Nawawi related that there is an ijma’ [consensus] established that madhi is an impurity. While, it is an impurity which one can purify from. In our School, it is necessary that it be washed and merely splashing water on it does not suffice. We base this understanding on the hadith wherein washing is specified, “He washes his private and performs ablution. Yaghsilu dhakarahu wa yatawadda’u.” (Sahih Muslim v. 3, p. 557) Additionally, we find the ruling to analogously correspond to that of other impurities.

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Question on Three-Fold Divorce

Posted by on Jan 24, 2012 in Divorce Talaq, Featured | 0 comments

Question:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

My husband said that he divorced me 3 times while angry in one sitting and I was menstruating. Is our marriage valid. He intended to give me a 3-fold divorce. He said he divorced me 3 times.

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

A three-fold divorce in one pronouncement counts as a three-fold divorce. (Sharh Sahih Muslim v. 10, p. 1796-99; Tuhfat al-Muhtaj v. 8, p. 83)

Even though it is unlawful to divorce a menstruating woman, it counts. (Sharh Sahih Muslim v. 10, p. 1792)

A divorce is valid when given while angry. (Tuhfat al-Muhtaj v. 8, p. 32) If the husband was angry until he was no longer duty-bound, then the pronouncements were not effectuated. If he claims such, then it is upon him to bring forth proof that establishes that he was in such a state; along the line of an insanity plea. If he fails to bring proof, then the are divorce is effectuated. Sh. Ahdal, in ‘Umdat al-Mufti wa al-Mustafti, cited Hubayshi who voiced this ruling.

After a three-fold divorce, cohabitation as husband and wife, and enjoying any spousal rights, is no longer lawful between them. They must separate, and may only remarry after she marries another man, that marriage is consummated, then that marriage is terminated, and her waiting period expires.

Allah knows best.

Shafiifiqh.com Fatwa Dept.

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A Question on Drugs and Neglecting the Prayer

Posted by on Jan 24, 2012 in Featured, Other Issues | 0 comments

Question:

What does one need to do if one has gotten into drugs and is not making salah?

Country: United States

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

Drugs are clearly haraam (forbidden) in Islamic law, mainly due to the intoxicating factor – all intoxicants are forbidden to ingest – and also due to the fact that it creates ‘harm‘, not only to the body but to the soul, as well as to other souls around the addict. The Prophet Muhammad (‘alayhis salam) stated, “There is to be no causing of harm or the reciprocation thereof.” [It is Sahih/ rigorously authenticated]

So the first step, which seems  to be realized by the questioner, is to understand that drugs are absolutely forbidden according to the Divine message humanity has received from the Prophet Muhammad (Sallallahu ‘alayhi wa sallam). The next thing that one should do, however, is realize that the Ultimately Compassionate and Loving, Allah – glorified and exalted is He – is forgiving. If you turn to Him in regret with total sincerity, and certainty, begging Him through your Love of Him and your desire to follow His way, to aid you in removing this evil addiction, He will come to your aid.

“Say: “O my Servants who have transgressed against their souls! Despair not of the Mercy of Allah: for Allah forgives all sins: for He is Oft-Forgiving, Most Merciful.” [39:53]

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A Question on al-Asl fi al-Ashya’ al-Ibahah and Ibadat

Posted by on Jan 21, 2012 in Featured, Fiqh of Worship, Usul al-Fiqh | 0 comments

Question:

As-Salam Alaykum,

What is the position of Shafii school in regards to the concept ‘Al-Aslu fil ashya al-ibahah’ in the matters of Ibadah?

JazakAllah khaira.

Country: Malaysia

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

There is an istishab called istishab al-‘adam al-asli. This would, for example, negate there being a sixth obligatory prayer. In al-Ibhaj, Subki brings a discussion on this, as does Zarkashi in al-Bahr al-Muhit.

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A Question of the Witr Prayer

Posted by on Jan 21, 2012 in Featured, Fiqh of Worship, Salah, Witr | 1 comment

Question:

salaam,  I would firstly like to say that may Allah bless you all, as you are doing a very good job. My question is regarding the witr salah after isha. I understand one can pray 3, 5 or even one rakah, but I would like to ask how it is prayed as i am new to the school and have no one to turn to unfortunately in my area. So how would i pray a 3 rakah witr salah for example. jazak’allah for all you time.

Country: United Kingdom

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

The time of the witr prayer is after isha and before fajr.

The minimal number of rak’ahs for witr is one and the maximum number is eleven. The minimal number for witr’s optimal performance is three, and then the other odd numbers until its maximum.

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A Question on Mawlid

Posted by on Jan 19, 2012 in Featured, Other Issues | 1 comment

Question:

assalaamu alaikum I want to know if there is proof to celebrate moulood. If there is then which year was it initiated and by who and the view of the Shaafi scholars on it.

Country: South Africa

Answer:

Wa alaykum salam wa rahmatuLlahi wa barakatuHu,

The issue of mawlid celebrations has been addressed previously. Please see:

http://www.shafiifiqh.com/the-celebration-of-mawlid-in-light-of-the-shafi%E2%80%99i-school/

http://www.shafiifiqh.com/the-ruling-of-the-shafii-jurists-on-celebrating-the-prophets-birthday/

http://www.shafiifiqh.com/qiyam-in-mawlid/

Allah knows best.

Shafiifiqh.com Fatwa Dept.

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