Does guardianship go to the ruler straight away if the father prevents marriage?

 

Answered by our Shaykh, the 'Allāmah, the Trustworthy Advisor, Abu 'Abdirrahmān Yahya bin 'Ali Al-Hajūri - may Allāh preserve him - on the 16th, Muharram, 1442H

Question: If the father prevents (his daughter) from marrying, does the guardianship transfer to the wali next in line or to the judge straight away?

Answer: In the Hadith, 

فَالسُّلْطَانُ وَلِيُّ مَنْ لاَ وَلِيَّ لَهُ

"Then the ruler/judge is the wali (guardian) of the one who has no wali (guardian)."

So if it is possible for the brother for example to take the place of the father and take guardianship of her, then verily she has guardians other than the father, it enters into the (Hadith) one who has no wali and he is a wali to her and he is the brother.

Prostration of Forgetfulness due to an addition is after the Salām

 

By our Shaykh, the 'Allāmah, the Trustworthy Advisor, Abū 'Abdirrahmān Yahya bin 'Alī Al-Hajūri - may Allāh preserve him - 

وَحَدَّثَنَا عُثْمَانُ، وَأَبُو بَكْرٍ ابْنَا أَبِي شَيْبَةَ وَإِسْحَاقُ بْنُ إِبْرَاهِيمَ جَمِيعًا عَنْ جَرِيرٍ، - قَالَ عُثْمَانُ حَدَّثَنَا جَرِيرٌ، - عَنْ مَنْصُورٍ، عَنْ إِبْرَاهِيمَ، عَنْ عَلْقَمَةَ، قَالَ قَالَ عَبْدُ اللَّهِ صَلَّى رَسُولُ اللَّهِ صلى الله عليه وسلم - قَالَ إِبْرَاهِيمُ زَادَ أَوْ نَقَصَ - فَلَمَّا سَلَّمَ قِيلَ لَهُ يَا رَسُولَ اللَّهِ أَحَدَثَ فِي الصَّلاَةِ شَىْءٌ قَالَ ‏"‏ وَمَا ذَاكَ ‏"‏ ‏.‏ قَالُوا صَلَّيْتَ كَذَا وَكَذَا - قَالَ - فَثَنَى رِجْلَيْهِ وَاسْتَقْبَلَ الْقِبْلَةَ فَسَجَدَ سَجْدَتَيْنِ ثُمَّ سَلَّمَ ثُمَّ أَقْبَلَ عَلَيْنَا بِوَجْهِهِ فَقَالَ ‏"‏ إِنَّهُ لَوْ حَدَثَ فِي الصَّلاَةِ شَىْءٌ أَنْبَأْتُكُمْ بِهِ وَلَكِنْ إِنَّمَا أَنَا بَشَرٌ أَنْسَى كَمَا تَنْسَوْنَ فَإِذَا نَسِيتُ فَذَكِّرُونِي وَإِذَا شَكَّ أَحَدُكُمْ فِي صَلاَتِهِ فَلْيَتَحَرَّ الصَّوَابَ فَلْيُتِمَّ عَلَيْهِ ثُمَّ لْيَسْجُدْ سَجْدَتَيْنِ ‏"‏ ‏.‏

 89 - (572) Uthmān, Abu Bakr Ibn Abi Shaibah and Ishāq bin Ibrāhīm narrated to us on the authority of Jarīr - Uthmān said: Jarīr narrated to us on the authority of Mansūr, on the authority of Ibrāhīm, on the authority of Alqamah, he siad: Abdullāh (Ibn Mas'ūd) said: "The Messenger of Allāh ﷺ prayed and made salutations ~ Ibrāhīm said: "He made an addition or an omission" ~ so when he made the salutations it was said to him: "O Messenger of Allāh, has there occurred something new in the prayer? He said: "And what is that? They said: "You prayed such and such (amount)." He (the narrator) said: "So he turned his feet and faced the Qiblah and performed two prostrations and then made the salutations, and then turned and faced towards us and said: "Indeed if something new in the prayer occurs, I would inform you of it. But verily I am a human being and I forget as you forget, so if I forget, remind me, and if any of you is in doubt in his prayer, then let him struggle to remember what is correct, and complete his prayer upon that and then make two prostrations."

فَلَمَّا سَلَّمَ قِيلَ لَهُ يَا رَسُولَ اللَّهِ أَحَدَثَ فِي الصَّلاَةِ شَىْءٌ قَالَ ‏"‏ وَمَا ذَاكَ ‏"‏ ‏.‏ قَالُوا صَلَّيْتَ كَذَا وَكَذَا - قَالَ - فَثَنَى رِجْلَيْهِ وَاسْتَقْبَلَ الْقِبْلَةَ فَسَجَدَ سَجْدَتَيْنِ ثُمَّ سَلَّمَ

"So when he made the salutations it was said to him: "O Messenger of Allāh, has there occurred something new in the prayer? He said: "And what is that? They said: "You prayed such and such (amount)." He (the narrator) said: "So he turned his feet and faced the Qiblah and made two prostrations and then made the salutations."

Ramadhan - Benefits & Rulings (1)

Ramadhan - Benefits & Rulings (1)

~Umm Hyatt حفظها الله

 

  Allaah سبحانه و تعالى says in Surah Al- Baqarah, (2:183): 

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ كُتِبَ عَلَيْكُمُ ٱلصِّيَامُ كَمَا كُتِبَ عَلَى ٱلَّذِينَ مِن قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ

O you who believe! Observing As-Saum (the fasting) is prescribed for you as it was prescribed for those before you, that you may become Al-Muttaqun.

(Al-Baqarah, 2:183)

From this verse, we benefit that fasting is not specific for the ummah of Muhammad (ﷺ) alone. Rather, He made it obligatory for those nations before Muhammad (ﷺ). 

 From the benefits of fasting is that:

There is no specific reward (not a particular number) for the fasting person; rather, the reward is with Allaah (عزّوجلّ). There is no limit to the reward given to fasting. It does not have a specific amount of reward. Allaah (عزّوجلّ) has mentioned that the reward is upon Him and He rewards without any limitations.  

The hadith of Abi Hurairah in Bukhari & Muslim where the Prophet (ﷺ) said,

"(Allaah said), 'Every good deed of Aadam's son is for him except fasting; it is for Me. and I shall reward (the fasting person) for it.'

حَدَّثَنِي عَبْدُ اللَّهِ بْنُ مُحَمَّدٍ، حَدَّثَنَا هِشَامٌ، أَخْبَرَنَا مَعْمَرٌ، عَنِ الزُّهْرِيِّ، عَنِ ابْنِ الْمُسَيَّبِ، عَنْ أَبِي هُرَيْرَةَ ـ رضى الله عنه ـ عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ ‏ "‏ كُلُّ عَمَلِ ابْنِ آدَمَ لَهُ، إِلاَّ الصَّوْمَ فَإِنَّهُ لِي، وَأَنَا أَجْزِي بِهِ....

Because of the greatness and importance of fasting and the love for this particular worship, He (عزّوجلّ) has made it specifically for Him.

There is no limit of reward He bestows on the fasting person. 

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️What is the difference between ittibā' and Taqlīd?

 

Our Shaykh, Muḥammad ibn Ḥizām -may Allāh preserve him- was asked the following question:

Question: The questioner says: What is the difference between ittibā' and Taqlīd? 

Answer: Ittibā' is to follow an imām based on evidence which he provides from the Sharī'ah; this is called ittibā' - not taqlīd. It is not blameworthy to refer to oneself as a follower of a particular Imām/scholar - if this is based on evidence. The evidence for that i.e. to say that I follow Imām so-and-so intending by that adherence to the Sharī‘ evidences, is the ḥadīth of Al-Irbādh ibn Ṣāriyah; that the Messenger of Allāh ﷺ said: 

"Adhere to my Sunnah and the Sunnah of the rightly guided Caliphs. Cling firmly to it with your molars." 

A more explicit evidence is the saying of Allāh - in reference to the Companions, may Allāh be pleased with them all:

{وَٱلسَّـٰبِقُونَ ٱلۡأَوَّلُونَ مِنَ ٱلۡمُهَـٰجِرِینَ وَٱلۡأَنصَارِ وَٱلَّذِینَ ٱتَّبَعُوهُم بِإِحۡسَـٰنࣲ}

“As for the foremost—the first of the Emigrants and the Helpers—and those who follow them (ittaba‘ūhum) in goodness,” 

[Sūrah At-Tawbah 100]

So He (The Almighty) called that ittibā‘; although what's intended is adhering to the Sharī‘ evidences.  

Similarly, the saying of Allāh:  

{وَمَن یُشَاقِقِ ٱلرَّسُولَ مِنۢ بَعۡدِ مَا تَبَیَّنَ لَهُ ٱلۡهُدَىٰ وَیَتَّبِعۡ غَیۡرَ سَبِیلِ ٱلۡمُؤۡمِنِینَ}

“And whoever defies the Messenger after guidance has become clear to them and follows a path (yattabi‘) other than that of the believers,” 

[Sūrah An-Nisā' 115]

The Best of Life

 Umar bin al-Khatab (may Allah be pleased with him) said:

"We found our best way of living through patience."

Source:

Imaam Ahmed in Zuhd (612) / Ibn Mubaaraq in Zuhd (630)(997)

 

He also said, "The most excellent way of living we attained was through patience, and if patience was from men he would be honorable."

Source: Ibn Abi Dunyah in the book of Patience (pg.6)

✍Translated by: Abu Hazm Eyssa Pakistani

The Treasures of Patience

 

Hassan Al-Basri (may Allah have mercy on him) said:

"Patience is a treasure from the treasures of good, Allah does not grant it except to the slave that is honourable with him." 

Ibn Abi Dunyah in the book of Patience (pg.16)

 

Hayaan Ibn Abi Jabalah (may Allah have mercy on him) said regarding the verse of the Most-High: {Beautiful patience (is most befitting)} : (Yusuf:18)

"It is the patience that has no complaining in it."

Tafsir Ibn Jareer (Vol. 12, pg. 166)

_________

✍ Translated by:

Abu Hazm Eyssa Pakistani

Our acts of worship must be based on the Qur'ān & Sunnah

As Muslims, all our acts of worship must be based on the Qur'ān & Sunnah; so whatever is proven in the Qur'ān & Sunnah, we do as much as we can, and whatever is not, we refrain from it. Therefore, we do not say anything after yawning, burping or passing wind; because nothing specific has been established in the Qur'ān & Sunnah in this regard.

▪What you should say when you trip/ fall: Abul Malīḥ reported on the authority of a man: “I was riding on a mount behind the prophet ﷺ. It stumbled so I said: May the devil perish! He said: do not say; may the devil perish! For when you say that, he will swell so much so that he will be like a house, and says: by my power. But say: “Bismillaah” -- In the Name of Allāh; for when you say that, he will diminish so much so that he will be like a fly.

 [Sunan Abu Dawud (4982), graded 'Sahih' by Sh. Albani] 

Sunnah to Fast in Sha'ban

It is narrated from Usama ibn Zayd (رضي الله عنه) that he asked the Messenger of Allah (ﷺ):

“I have never seen you offer fast in a month as you do in Sha'ban.”

To which, the Prophet (ﷺ) replied:

“It is a month between Rajab and Ramadan that people disregard. In that month deeds are presented to the Lord of the Worlds, so I like my deeds to be presented while I am fasting.” (Nasai)

Aishah (رضي الله عنها) reported:

The Messenger of Allah (ﷺ) did not observe voluntary Saum (fasting) so frequently during any other month as he did during Shaban. He observed Saum all of the month of Shaban.

And in another narration: He (ﷺ) observed Saum during the whole month of Shaban except a few days.

[Al-Bukhari & Muslim].

 

 Clarifying the Doubt of Fasting the Second half of Sha'ban 

Imaam Al-Nawawi (رحمه الله) said: