Why is the witness of one man considered to be equal to the witness of two women?

Why is the witness of two women considered to be equal to the testimony of one man?

Praise be to Allaah.

What is meant by witness or testimony is something by which the thing testified may be proven and known to be true and correct, so it is information about it.  With regard to the witness of two women being equal to the testimony of one man. Allaah has mentioned the wisdom behind specifying the number of two as being that a woman may forget or get confused, so the other woman can remind her, as He said: 

“…And get two witnesses out of your own men. And if there are not two men (available), then a man and two women, such as you agree for witnesses, so that if one of them (two women) errs, the other can remind her…”

[al-Baqarah 2:282 – interpretation of the meaning] 

With regard to the phrase, “that if one of them (two women) errs”, Ibn Katheer said: “This means, the two women, if one of them forgets the testimony, then ‘the other can remind her’, i.e., she can remind her about the matter concerning which testimony is being given.” (Tafseer Ibn Katheer, part 1, p. 724) 

Allaah has commanded the testimony of two women so as to be sure that they remember, because the mind and memory of two women takes the place of the mind and memory of one man. (See I’laam al-Muwaqqa’een, part 1, p. 75). 

This does not mean that a woman does not understand or that she cannot remember things, but she is weaker than man in these aspects – usually. Scientific and specialized studies have shown that men’s minds are more perfect than those of women, and reality and experience bear witness to that. The books of knowledge are the best witness to that; the knowledge which has been transmitted by men and the ahaadeeth which have been memorized by men far outnumber those which have come via women. 

This has to do with gender, i.e., the gender of men is more perfect than the gender of women. Allaah says (interpretation of the meaning): 

“Men are the protectors and maintainers of women, because Allaah has made one of them to excel the other, and because they spend (to support them) from their means. Therefore the righteous women are devoutly obedient (to Allaah and to their husbands), and guard in the husband’s absence what Allaah orders them to guard (e.g. their chastity and their husband’s property)”

[al-Nisaa’ 4:34] 

Nevertheless, there are some women who are far superior to men in their reason and insight, but they are few, and the ruling is based on the majority and the usual cases. 

A woman may compensate for her weaknesses by striving hard, and surpass men when they are negligent. Hence we find that in some colleges, female students surpass male students because of their greater efforts and their keenness to succeed when many of the male students are negligent and are not eager to learn. A man may also excel over a woman in some fields that are basically hers, so we find that some of the most skilled chefs, tailors, cosmeticians and obstetricians on the international level are men. The point is that usually – and no wise person would dispute this – most of the prominent people in the religious sciences, such as fiqh, hadeeth, tafseer, ‘aqeedah and preaching, and in the worldly sciences such as medicine, astronomy, engineering, physics, chemistry, etc. are men. 

If we think about the western societies in which men and women are regarded as equal in all aspects, we will find that despite that men still prevail. Still, Allaah has given women pre-eminence and has favoured them over men in some aspects, such as caring for children, and showing patience, love and compassion towards them, and managing the home. Hence the sharee’ah gives custody to them, for the mother is the first school, from which the future men, leaders of the world and scholars of the ummah graduate. What virtue can be greater than this?

Islam encourages special care for the mother and her children, and enjoins upon children to honour their mother, treat her kindly and give her preferential treatment above the father. It was narrated that Abu Hurayrah said: “A man said, ‘O Messenger of Allaah, who among the people is most deserving of my good companionship?’ He said, Your mother, then your mother, then your mother, then your father, then those who are closest in order of closeness.’” (Narrated by Muslim, 2548). What greater honour can there be than this? 

So let everyone work in his or her field of specialization. Men should not interfere in pregnancy and breastfeeding, and women should not be involved in jihad, fighting the enemy, or holding the positions of khaleefah or ruler. Whatever is permitted to both of them should be done within the guidelines of sharee’ah, such as not allowing free mixing of the sexes and not neglecting other duties such as those of husbands and wives. 

And Allaah is the Source of strength.

He gave false witness – what should he do?

In 1408 AH there was an accident when the car which my brother was driving overturned. There were four people with him, two of whom died. All were unmarried. The family of the first forfeited the diyah (blood money) and did not take it. The father of the second took the full amount of diyah. The mother of the dead boy had died giving birth to him, and he was young, He had a paternal grandmother and a maternal grandmother. They were not given the diyah, because when the court ruled that diyah should be paid, they asked for witnesses to state whether he had heirs other than his father, and I was one of the witnesses. We testified that he had no heir apart from his father, because we were afraid that the court might demand that the grandmothers, who were very old, attend court, and because we were unaware of the rights of inheritance.
 What do I have to do, knowing that the father of the one who died is poor and has nothing?

Praise be to Allaah.  

Undoubtedly you have dome something which is a major sin, namely giving false testimony or bearing false witness, especially since it has caused the loss of rights of some of the heirs of the deceased. 

It was narrated that Abu Bakrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Shall I not tell you of the greatest of major sins?” We said, “Yes indeed, O Messenger of Allaah.” He said, “Associating others with Allaah (shirk) and disobedience towards parents.” He was reclining, but then he sat up and said, “And false speech and false witness, and false speech and false witness,” and he kept on saying it until I thought he would never stop. 

(Narrated by al-Bukhaari, 5631; Muslim, 87). 

So we say to the brother who asked this question: if the father has given the two grandmothers their share of the inheritance, then you have to repent and seek forgiveness from Allaah for having given false witness, but you do not have to go to the court and announce that. You have to conceal that which Allaah has concealed.

 But if the father took all the money himself and did not give the grandmothers their rightful share, then you must try to convince him to give them what is their due. If he does that, then all well and good, otherwise you have to go to the court, tell them that you lied, and suffer the consequences of your sin. In this way you will restore to people what is rightfully theirs.

 There is no expiation for false witness apart from repentance and restoring people’s rights, if that false testimony resulted in depriving others of what was rightfully theirs.

 The judge or qaadi has the right to impose whatever ta’zeer punishment he sees fit for the one who bore false witness.

 And Allaah knows best.

Should she testify to something that she has not been asked for but that may benefit the person against whom she is testifying?

I work in a department and it so happened that one of the men insulted the head of the department. I was present with a group of other people, so they asked us to testify. I will testify and – in sha Allah – I will tell the truth which is that he – may Allaah guide him – insulted her openly and in front of her; he cursed her father and her. After he went out, when they dragged him out, she said: “I’ll show you, O So and so,” i.e., a threat – but he did not hear her, so he did not say that she had said, “I’ll show you,” because he was nowhere near the desk then. I was the one who was nearby and heard it. Should I say that when the matter is investigated? I hope to receive a reply.

Praise be to Allaah.  

This phrase (“I’ll show you”) is a threat but what may be meant by it is to make an official complaint, which is in fact what happened. We do not think that it matters if you tell them or not when the matter is investigated. 

If she added any other words to it, such as insults or condemnation of the one who insulted her, then you should mention that, because she may have taken her rights by saying these words or more, and it is not right to punish him when the other person has already settled the score. Responding to an insult in kind is a kind of taking one's rights or settling the score, as al-Nawawi said in his commentary on the words of the Prophet (peace and blessings of Allaah be upon him): “When two people trade insults, the sin will be on the one who started it, unless the one who has been wronged went too far in returning the insults.” Muslim 4688. Al-Nawawi said: They said:  If the one who has been insulted return the insult then the matter is settled, and the first one owes nothing to the second one, but the sin of initiating the insults remains on him. And it was said: He will be free from any sin if the other person returns the insult but the blame will still be on the initiator, but not the sin.  

If what was said in response is not as bad as what was said, then the matter is not settled, however by responding, part of the matter is settled. This may remove or reduce the punishment for the one who insulted the other first. 

Islam commands us to be just with all people. Allaah says (interpretation of the meaning): 

“and let not the enmity and hatred of others make you avoid justice. Be just: that is nearer to piety; and fear Allaah. Verily, Allaah is Well‑Acquainted with what you do”

[al-Maa'idah 5:8] 

And Allaah knows best.

He is outwardly Muslim but he rarely attends the mosque; should we think badly of him?

There is a man who claims to be a Muslim. He is from a European country and lives in a Muslim country. He rarely attends the mosque to pray, and when I say to him, “I do not see you observing the prayers on time,” he says that he prays at home. It should be noted that his residency visa and passport still show him as a Christian, but he says that he has a certificate which proves that he is a Muslim. What are our duties towards this man?.

Praise be to Allaah.  

Those who claim to be Muslim should publicly practise the rituals of Islam and adhere to its laws as much as they can. If a Muslim claims that he is doing acts of worship such as prayer and giving zakaah, he should be believed and what he says should be accepted. 

All we know is what people show outwardly, and our Lord has not commanded us to look into people’s hearts, because no one can do that. 

The basic principle is that everyone who utters the Shahaadatayn should be regarded as a Muslim, so long as he does not do anything that nullifies his Islam. 

It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: When the Prophet (peace and blessings of Allaah be upon him) died and Abu Bakr was appointed as caliph, and some of the Arabs reverted to kufr, ‘Umar said: “O Abu Bakr, how can you fight the people when the Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘I have been commanded to fight the people until they say Laa ilaaha ill-Allaah (There is no god but Allaah), and whoever says Laa ilaaha ill-Allaah, his wealth and his life are protected from me except in cases dictated by Islamic law, and his reckoning will be with Allaah’?” Abu Bakr said: “By Allaah, I will most certainly fight those who separate prayer and zakaah, for zakaah is what is due on wealth. By Allaah, if they withhold from me a young goat that they used to give to the Messenger of Allaah (peace and blessings of Allaah be upon him), I will fight them for withholding it.” ‘Umar said: “By Allaah, when I saw that Allaah had opened Abu Bakr’s heart to the idea of fighting, I knew that he was right.” 

Narrated by al-Bukhaari, 6924; Muslim, 20. 

Al-Haafiz ibn Hajar (may Allaah have mercy on him) said: 

Al-Khattaabi said: This hadeeth indicates that whoever appears outwardly to be a Muslim, the outward rulings of Islam apply to him, even if he is inwardly a kaafir. 

The difference of opinion has to do with one whose corrupt beliefs are discovered and he shows that he has recanted; can that be accepted from him or not? As for the one whose position is unknown, there is no dispute that the outward rulings apply to him. End quote. 

Fath al-Baari, 12/279, 280 

Since you do not know whether this man holds any corrupt beliefs and he has not done anything that nullifies Islam, no one has the right to accuse him of not being a Muslim. The basic principle is that he is as he appears to be. 

Read the following hadeeth and ponder the discussion that took place between the Prophet (peace and blessings of Allaah be upon him) and Khaalid ibn al-Waleed (may Allaah be pleased with him): 

It was narrated that Abu Sa’eed al-Khudri (may Allaah be pleased with him) said: A man with sunken eyes, high cheekbones, a prominent forehead, a thick beard, a shaven head and a waist-wrapper that was tucked up, stood up and said: “O Messenger of Allaah, fear Allaah!” The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Woe to you! Am I not the most entitled of all the people of earth to fear Allaah?” Then the man turned away. Khaalid ibn al-Waleed said: “O Messenger of Allaah, shall I strike his neck (cut off his head)?” He said, “No, for perhaps he prays.” Khaalid said: “How many are there who pray and say with their tongues what is not in their hearts?” The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “I have not been ordered to search people’s hearts.” 

Narrated by al-Bukhaari, 4351; Muslim, 1064 

It was narrated that ‘Abd-Allaah ibn ‘Utbah said: I heard ‘Umar ibn al-Khattaab (may Allaah be pleased with him) say: “People used to be judged by the wahy (revelation) at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), but now the wahy has ceased. Now we will judge you according to what we see of your outward deeds. Whoever appears good to us, we will trust him and draw close to him, and what is in his heart has nothing to do with us. Allaah will call him to account for what is in his heart. And whoever appears bad to us, we will not trust him and we will not believe him, even if he says that inwardly he is good.” Narrated by al-Bukhaari, 2641. 

Undoubtedly prayer is the best of a person’s deeds, so if you have seen him praying – even if that is only rarely – then he has shown you that he is Muslim, so he should be trusted and believed. You should honour this man and help him to apply the teachings of Islam and teach him the rulings of sharee’ah, including the importance of prayers and of offering prayer in congregation in the mosque. Show him the good attitude of Islam, and if he is not sincere then perhaps he will be influenced and will become sincere both outwardly and inwardly. 

And Allaah knows best.

Is the testimony of a person who raises pigeons acceptable?

Why is not the testimony of a person who grows pigeons accepted (like carrier pigeons and other types)? I heard that once and I want to make sure of the ruling on this.

Praise be to Allaah.

There is nothing wrong with raising pigeons for the purpose of pleasure, or to breed them for food or to sell them, or to use them for sending messages as they were used in the past. 

As for flying them for fun and playing with them, this is something that is regarded as blameworthy in sharee’ah, because it harms people and may lead to the “pigeon fancier” stealing the pigeons of others, and it wastes time in something that is of no benefit. This is the person whose testimony the scholars said is not acceptable. 

Al-Kasaani said: 

With regard to the one who plays with pigeons, if he does not fly them then it does not mean that he is not of good character, but if he does fly them, that cancels out his good character, because it leads to him looking at women uncovered (in the courtyards of their houses, from the height to which he climbs in order to fly the pigeons) and it distracts him from prayer and other acts of worship. End quote. 

Badaa’i’ al-Sanaa’i (6/269). 

Ibn Qudaamah said: 

The one who plays with pigeons and flies them cannot give testimony. This is the view of ashaab al-ra’y (the Hanafis). Shurayh did not regard the testimony of one who keeps pigeons as acceptable, because it is foolishness and baseness and lack of chivalry; it involves annoying one’s neighbours when he releases them and sees into their houses and throws stones at them. The Prophet (peace and blessings of Allaah be upon him) saw a man who was chasing a pigeon and said: “A devil chasing a she-devil.” Narrated by Abu Dawood (4940); see also Saheeh al-Jaami’ (3724). 

If he keeps pigeons in order to raise their chicks, send messages, or to enjoy them without that causing annoyance to others, then his testimony is not to be rejected. 

Al-Mughni (10/172, 173). 

Ibn al-Qayyim said: 

The ruler should prevent those who play with pigeons above people’s heads, because that leads to them looking out over them and seeing into the private areas of their houses ( ‘awrah). End quote. 

Al-Shawkaani said: 

The words “a devil following a she-devil” indicate that it is makrooh to play with pigeons, and that it is a kind of entertainment that is not permissible. A number of scholars stated that it is makrooh, and it is not far-fetched to say that it is haraam – if the hadeeth is saheeh – because the fact that the one who does that is called a devil implies that, and the pigeon is described as a she-devil either because it is the cause of the man chasing it or because it does the actions of a she-devil in that it distracts men into following it and playing with it because of its beautiful appearance and sweet voice. End quote.  

Nayl al-Awtaar (8/106). 

And Allaah knows best.

Can the testimony of a children’s teacher be accepted?

Is it true that the testimony of teachers cannot be accepted? Why?.

Praise be to Allaah.

There is no basis for that. What has been narrated from some about the testimony of a children’s teacher not being acceptable is to be rejected. Teaching is something honourable, which raises a person in status. The one who teaches people and guides them to good – the Lord, may He be exalted, the angels and even the ant in its hole and the fish in the sea, send blessings upon him. This is stated in a hadeeth narrated by al-Tirmidhi and classed as saheeh by Shaykh al-Albaani in Saheeh al-Jaami’ (4213). 

The wording of the hadeeth is: “Allaah and His angels and the inhabitants of the heavens and the earths, even the ant in its hole and the fish in the sea send blessings upon the one who teaches people what is good.” Narrated by al-Tirmidhi (2685). 

Ibn Hajar al-Haytami (may Allaah have mercy on him) was asked: 

I saw a quotation from al-Khulaasah which said: “The testimony of a children’s teacher is not to be accepted, for the minds of eighty teachers are not equivalent to the mind of one woman.” Is this sound and proven or not? What is the ruling on this issue? 

He replied: 

I looked for this text in al-Khulaasah by al-Ghazaali and I could not find it there. I do not think it is in the books of any of our companions, because it is more akin to nonsense. How many teachers of children have we seen by whose virtue rain was sought because they attained a high level of integrity, chastity, justice and righteousness. If these words are proven to be narrated from a scholar, then they should be understood as referring to a specific teacher in whom there are signs of ignorance, wrongdoing or insanity, as is the case nowadays among those who undertake this profession, which is the noblest of professions according to the statement of the Prophet SAWS (peace and blessings of Allaah be upon him). And Allaah knows best. 

Al-Fataawa al-Fiqhiyyah al-Kubra (4/358) 

And Allaah knows best.

Repentance (tawbah) from stealing--on returning items anonymously

I find it extremely difficult to go back to those whom I had stolen from, nor can I ever confess to them in order to gain their forgiveness. What shall I do?

It is not necessary for you to face the embarrassment of informing them yourself, or offering compensation in person. You can send their dues to them say, by mail, or through another person without revealing your identity. You can also place it in their sight without their knowledge, or say to them if you have to go in person that "someone" - who doesn't like to reveal his name - says this is your property. In short, the important thing is to return to the people their property.

Murdering of women and children

From where in Qur'an, few killers find their way ? Is such way already exist?

Praise be to Allaah

Why does the question associate between crime and the holy Qur'aan?

The Qur'aan was sent as a mercy for people, as a guidance and light, to guide to truth and righteousness and the Straight Path.

No one can believe that any person with religion or any mercy in his heart would split a pregnant woman's belly and take the infant out then kill it; kill children one by one in front of their parents; smash heads with axes; or, burn the living. Only a criminal with a heart harder than a stone which has no mercy, does not know Allaah, and does not believe in the hereafter would do such acts. It is not even possible for a sane person to believe that such a person is a Muslim. This is a fact that can't be hidden even if the person is disguised in Muslim clothing and grows a beard. Furthermore, it is not possible to call the killing of unarmed innocent Muslim villagers Jihaad. A Muslim--even while in Jihaad to establish the word of Allaah and in battle with the armies which stand to stop the spread of the word of Allaah--is absolutely not permitted to mutilate the dead; nor to kill a child; nor to kill a woman unless she bears weapons; nor to burn anyone with fire.

For those who want to know what Islam is, they need to learn it from the Qur'aan and the Hadeeth (recorded sayings) of the Prophet , and not through the behavior of criminals and the suspicious

 

Practice Islam from live quran and spread the word of truth

 

Benefits for the students when they learn holy Quran through the Quranic Students the kids get wiser when the student start Quran reading from there childhood and gain the Our beloved Prophet Muhammad (saww) said: Who ever read Quran before becoming a Baaligh has indeed been given wisdom as a child. The quran teaching is one of the best intellectual treasures that a student can have. And we should guide our kids to learn quran Our Prophet Muhammad (saww) said: The holy Quran is a wealth with which there is no poverty, and without which there is no wealth. So quran tutor should let the student do quran memorization and pay attention to the main lesson of the quran wile reading quran or become a Quran reciter with its depth knowledge to shine in the whole world  now a day many online institutes who teach kids quran online and give them tajweed quran lessons to improve the kids quran recitation online and let then learn quran online with proper manner and following and learn quranic Arabic with the translation and then learn quran tafseer also so the student can feel the main them and get the true guidance

End of the note by quran education

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She has a problem which means that her wudoo’ is broken constantly and the time for prayer ended whilst she was doing tawaaf and she did not repeat her wudoo’

I am a person who has a problem which mean that my wudoo’ is broken constantly and I have to do wudoo’ for every prayer. During Hajj I reached the Haram when it was not the time for prayer, and I did wudoo' and started to do tawaaf. During tawaaf, the time for prayer began and I prayed without renewing my wudoo’, because of the severe crowding, then I completed tawaaf and saa’i. Is what I did correct?.

Praise be to Allaah.

The woman who suffers istihaadah (ongoing irregular vaginal bleeding) and the one who has a problem which means that he or she cannot keep wudoo’  has to do wudoo' at the time of every prayer according to the majority of fuqaha’, and the end of the time for prayer invalidates wudoo' in the case of such people. This applies only if something comes out; if nothing comes out then the wudoo' remains valid and the person may offer the following obligatory prayer. 

Al-Bahooti said in al-Rawdat al-Murbi’ (p. 57): The woman who has istihaadah and people in similar situations such as those who have urinary incontinence or continual madhiy or continual passing of wind should do wudoo' when the time for each prayer begins if something has come out, and they may pray both obligatory and supererogatory (naafil) prayers so long as that time remains. So if nothing has come out then wudoo' is not required. End quote. 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: The woman who has istihaadah must do wudoo' for every prayer if something has come out, but if nothing has come out then her first wudoo' remains valid. End quote from al-Sharh al-Mumti’ (1/438). 

If you are not sure whether something came out from the time you did wudoo' until the end of your tawaaf, then your tawaaf is valid and you do not have to do anything. As for saa’i, it is not essential to be in a state of purity for it, so if you did saa’i when you were not in a state of purity, your saa’i is valid. 

But if you are certain that something came out after you did wudoo', then you should have done wudoo' after the time for the new prayer began in order for your tawaaf and prayer to be valid. 

If you did not do that, then your tawaaf is not valid according to many of the scholars. 

But some of them are of the view that purity from minor impurity is not essential for tawaaf, and if a person does tawaaf without wudoo', his tawaaf is valid. This is the view of the Hanafis and was the view favoured by Shaykh al-Islam Ibn Taymiyah. It was also regarded as more correct by Shaykh Ibn ‘Uthaymeen (may Allah have mercy on them). See the answer to question number 34695. 

Based on this opinion, your tawaaf was valid and your Hajj was valid, and you do not have to do anything, but you have to repeat the prayer that you offered without having done wudoo'. 

And Allah knows best.

Is it permissible to play a part in establishing a venue for condolence gatherings and other occasions?

In our city there is a venue for special occasions; most of what takes place there is condolence gatherings in which a shaykh comes to read Qur’aan for the deceased and the people listen to him. They oblige everyone in the neighbourhood to give a specific amount of money so that they all take part in setting it up. Can I pay this money or should I avoid it?.

Praise be to Allaah.

It is not prescribed in sharee‘ah for people to gather with the family of the deceased to offer condolences. At the very least this kind of gathering is makrooh, whether they gather in the house of the family of the deceased or in these tents that they set up, or in a venue for special occasions which is set aside for this purpose, and so on, because that is an innovation that was not done by the earlier generations. Ibn Maajah narrated that Jareer ibn ‘Abd-Allah al-Bajali (may Allah be pleased with him) said: We used to think that gathering with the family of the deceased and making food was a kind of wailing (for the deceased).” Classed as saheeh by al-Albaani in Saheeh Ibn Maajah. 

If they add to that bringing a reciter to read the Qur’aan, it is even more prohibited. 

The scholars of the Standing Committee for Issuing Fatwas said: 

What some people do of setting up large tents and bringing reciters to read Qur’aan, whether that is in return for payment or not, and offering food on the forty-day anniversary of the death -- all of these are things for which we know of no basis in sharee‘ah; rather they are innovations that have been introduced into the religion. And the Prophet (blessings and peace of Allah be upon him) said: “Whoever introduces into this matter of ours anything that is not part of it will have it rejected.” End quote. 

Fataawa al-Lajnah al-Daa’imah, 9/136. 

It also says (9/73): 

Gathering when forty days have passed since the death of the deceased is an innovation (bid‘ah), and reading Qur’aan or what is called a khatmah for the deceased is a further innovation. It is haraam for the reciters to eat the food that is offered to them or to take any fee for their reading. Shaykh al-Islam Ibn Taymiyah narrated that there was consensus among the scholars that taking a fee for merely reading Qur’aan is haraam according to all the scholars, and there was no difference of opinion among them concerning that. End quote. 

It also says (8/352): 

Spending on food that is made for those who come to offer condolences and spending on setting up tents and the like is not permissible, whether it is paid for from the wealth of the deceased or from the wealth of anyone else. End quote. 

So it is not permissible to do any of these things or to help in them, because it is a kind of cooperating in sin and transgression, and Allah says (interpretation of the meaning):

“Help you one another in Al‑Birr and At‑Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment”

[al-Maa’idah 5:2]. 

Their imposing a certain amount of money to be paid by every individual in order to set up this venue is something that is not permissible according to sharee‘ah. It is an objectionable action that should be opposed and it is not permissible to help them in that. 

For more information please see the answer to question no. 14396 

And Allah knows best.

Is there any special virtue in dying and being buried in Makkah or Madinah?

Is there any saheeh hadeeth that speaks of the virtue of burying the deceased in Makkah or Madinah? Is there any saheeh hadeeth that speaks of the virtue of one who died in Makkah or Madinah? What is your opinion on what some relatives of the deceased do, if he dies somewhere outside of the two sanctuaries, and they want to transport him to one of the two sanctuaries and have the funeral prayer offered for him there, then bury him, and they do that on the grounds that the place is holy? Is there any basis for this in the Sunnah?.

Praise be to Allaah.

The fuqaha’ are unanimously agreed that it is mustahabb to bury the deceased in the graveyard of the righteous and in virtuous places. They quote a great deal of evidence for that, including the following: 

-1-

It was narrated that Ibn ‘Umar (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever can manage to die in Madinah, let him die there, for I will intercede for whoever dies there.”

Narrated by al-Tirmidhi, no. 3917. He said: (|It is) hasan saheeh ghareeb. It was classed as saheeh by al-Nasaa’i in al-Sunan al-Kubra, 1/602; by Ibn ‘Abd al-Haadi in al-Saarim al-Makki, p. 96; and by Shaykh al-Albaani in al-Silsilah al-Saheehah, 4/1034 

Al-Teebi said: 

He recommended dying there but that is not in the hands of any person; rather that is up to the decree of Allah, may He be exalted. But he enjoined staying there and settling there and not leaving it, and that may be a cause of dying there. This is like the verse in which Allah, may He be exalted, says (interpretation of the meaning): “then die not except in the Faith of Islâm (as Muslims - Islâmic Monotheism)” [al-Baqarah 2:132].

Quoted from Tuhfat al-Ahwadhi, 10/286 

Ibn al-Haaj said: It seems that whoever dies elsewhere then is transported and buried there will have a share of this intercession, but I did not see any shar‘i text (to that effect).

End quote from Fayd al-Qadeer, 6/70 

-2-

It was narrated that ‘Umar (may Allah be pleased with him) said: 

“O Allah, grant me martyrdom for Your sake and make my death in the land of Your Messenger (blessings and peace of Allah be upon him).” 

Narrated by al-Bukhaari, no. 1890 

Imam al-Nawawi (may Allah have mercy on him) commented on this by saying: 

It is mustahabb to seek to die in a virtuous land. End quote 

Al-Majmoo‘, 5/106. 

In fact, he included it in a chapter entitled: Chapter on the recommendation for a person to pray that his death will be in the virtuous land. End quote. 

Al-Adhkaar, p. 98 

-3-

Imam Maalik narrated in al-Muwatta’ (2/325) from more than one of those whom he trusted that Sa‘d ibn Abi Waqqaas and Sa‘eed ibn Zayd ibn ‘Amr ibn Nufayl died in al-‘Aqeeq and were carried to Madinah and buried there. 

Ibn ‘Abd al-Barr (may Allah have mercy on him) said: 

The report to that effect from Sa‘d and Sa‘eed, as was narrated by Maalik, is saheeh. End quote. 

Al-Istidhkaar, 3/57 

Al-Haafiz Ibn Hajar (may Allah have mercy on him) said: 

There was a difference of opinion as to whether it is permissible to transport the deceased from one land to another. 

It was said that it is makrooh, because it involves delaying the burial and exposing him to transgression of his sanctity. 

And it was said that it is mustahabb. 

Rather, it depends: 

It is not allowed if there is no clear purpose, such as burying him in good places. The ruling on it being makrooh varies, and it may reach the level of being haraam. 

It is mustahabb if one is close to a virtuous place, as al-Shaafa‘i stated that it is mustahabb to transport the deceased to a virtuous place, such as Makkah and elsewhere. End quote. 

Fath al-Baari, 3/207 

With regard to the ruling on transporting the deceased from one country to another, this has been discussed previously in the answer to question no. 8852. 

And Allah knows best.

Wailing and visiting graves

Is it haraam for women to visit graves if the deceased was the dearest of people to them? With regard to the Prophet’s words “May Allah curse the woman who wails and the one who listens to her”, what does listening mean in this hadeeth? Does it refer to the curious woman who eavesdrops on people’s words, or the woman who listens to music or the television or radio? Please explain this, may Allah reward you with good.

Praise be to Allaah.

Visiting graves is not permissible for women. The Prophet (blessings and peace of Allah be upon him) said: “Visit the graves, for they remind you of death and the Hereafter,” addressing men. And he used to teach his Companions to say, when they visited graves, “Al-salaamu ‘alaykum ahl al-diyaar min al-mu’mineen wa’l-Muslimeen, wa inna in sha Allaah lalaahiqoon. As’al Allaah lana wa lakum al-‘aafiyah (Peace be upon you, O inhabitants of the graves, believers and Muslims. Verily we will, in sha Allaah, join you. I ask Allaah for well-being for us and for you).”  But in the case of women, he forbade them to do that. 

The curse on women who visit graves is mentioned in several ahaadeeth, so it is not permissible for women to visit graves, but it is prescribed for them to pray for forgiveness and mercy for their deceased loved ones, and to pray that they be admitted to Paradise and saved from Hell, without visiting the graves; they can pray for them at home. There is also nothing to prevent them offering the funeral prayer for the deceased in the mosque or prayer-place, as the women offered the funeral prayer at the time of the Prophet (blessings and peace of Allah be upon him) and at the time of his Companions. 

With regard to wailing and listening, the Prophet (blessings and peace of Allah be upon him) forbade wailing and said: “There are four matters of jaahiliyyah that exist among my ummah and they will not give them up: boasting about one’s forefathers, casting aspersions upon people’s lineages, seeking rain by the stars and wailing for the dead.” And he said: “If the woman who wails does not repent before she dies, she will be raised on the Day of Resurrection wearing pants of tar and a chemise of scabs.” Narrated by Muslim in his Saheeh. 

So the Prophet (blessings and peace of Allah be upon him) explained that wailing for the dead is a blameworthy act of jaahiliyyah and it must not be done. Umm ‘Atiyyah said: The Messenger (blessings and peace of Allah be upon him) took a pledge from us when we swore allegiance, that we would not wail. And Abu Dawood (may Allah have mercy on him) narrated in his Sunan from Abu Sa‘eed (may Allah be pleased with him) from the Prophet (blessings and peace of Allah be upon him) that he cursed the woman who wails and the one who listen to her. There is some weakness in its isnaad, but there is corroborating evidence for its meaning, so wailing is haraam and reprehensible, and it is not permissible for a woman to be involved in wailing, or for a man to do that either. 

Wailing refers to raising the voice when weeping and saying, “O my support, O one who clothed me, O how sad I am” and so on. The one who listens is the woman who listens to the ones who are wailing and encourages them, so she sits with them and encourages them to wail. This is included because sitting with them is a kind of encouragement. So it is not permissible to listen to them. If the one who is wailing will not be quiet, it is obligatory to leave her and not sit with her, by way of shunning her and denouncing her. If a woman sits with her and listens to her, this is a kind of help and encouragement. 

So it is not permissible to listen to one who is wailing; rather she should denounce her and tell her not to do that. If she stops, all well and good, otherwise you should leave her and not sit with her and listen to her. End quote. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him)

Ruling on being hired to transport the coffin of a kaafir to the church and the graveyard

I am a young man from Spain. A company has called me to work for them, and the work involves transporting the deceased from the hospital (i.e., from the mortuary) to the church, then to the graveyard. I only work in transporting them from one place to another; I do not handle the deceased in any way. Is this halaal or haraam?.

Praise be to Allaah.

It is not permissible to transport deceased kaafirs to the church, just as it is not permissible to transport their living ones to the church either, because that is helping them in disobedience. The church is the place of falsehood and associating others with Allah, may He be exalted, and if the deceased is taken there, some rituals of kufr will be performed over him that are based on deifying and worshipping ‘Eesa (peace be upon him). Allah, may He be exalted, says (interpretation of the meaning):

“Help you one another in Al‑Birr and At‑Taqwa (virtue, righteousness and piety); but do not help one another in sin and transgression. And fear Allaah. Verily, Allaah is Severe in punishment”

[al-Maa’idah 5:2]. 

In al-Mudawwanah (4/150) it says: Maalik said: He should not rent or sell his house to someone who will take it as a church, and he should not rent his mount to someone who will ride it to the church. End quote. 

With regard to carrying or transporting the kaafir to the graveyard, there is a difference of opinion among the fuqaha’. The Hanafis regard it as permissible to be employed in doing that. 

It says in Badaa’i‘ al-Sanaa’i‘ (4/190): It is permissible to be employed to transport the deceased kaafir to the graveyard, because it is a dead body and its harm should be removed from the people like all other impure things. 

But it is not permissible, in their view, to transport it from one land to another, because the basic principle is that it is not permissible to transport corpses; rather a concession is granted allowing moving them because it is a case of necessity and it is essential to remove their harm, but it is not essential to move them from one land to another, so the basic principle that it is haraam remains in effect. See: al-Bahr al-Raa’iq, 8/23 

The Hanbalis are of the view that it is haraam to carry the bier of a kaafir. 

It says in al-Rawd al-Marba‘ ma‘a Haashiyatihi (3/34): It is haraam for a Muslim to wash a kaafir, and to carry him, shroud him or follow his bier, just as it is also haraam to offer the funeral prayer for him, because Allah says (interpretation of the meaning):

“Take not as friends the people who incurred the Wrath of Allaah”

[al-Mumtahanah 60:13]. 

Ibn Qaasim said in his commentary on that: The general meaning of the verse indicates that it is haraam to carry the bier of a kaafir, or to shroud him, or to follow his bier, just as it is also haraam to offer the funeral prayer for him. End quote. 

For more information please see the answer to question no. 145532. 

It should be noted that there are many ways of earning a living and that if a person gives up something for the sake of Allah, Allah will compensate him with something better than it. So look for permissible work and you will find it, in sha Allah. 

May Allah help us and you to do that which He loves and which pleases Him. 

And Allah knows best.

Is the one who dies in a car accident a martyr (shaheed)?

Is the one who dies in a car accident a martyr (shaheed)?.

Praise be to Allaah.

It is proven in a number of hadeeths that the Prophet (blessings and peace of Allah be upon him) said that the one who dies by drowning, or because of the plague or a stomach disease (diarrhoea) is a martyr. So the one who dies of the plague is a martyr, the one who dies of a stomach disease is a martyr, the one who drowns is a martyr, the one who is crushed by a falling wall is a martyr, the one who is killed for the sake of Allah is a martyr, the one who dies for the sake of Allah is a martyr, and there are a number of others who are martyrs. 

This is by the grace of Allah, so that this ummah will have an advantage in terms of great reward, but the best of them are those who are martyred for the sake of Allah, who are killed for the sake of Allah. They are the best, and they are not to be washed (ghusl), and the funeral prayer is not to be offered for them, for they are alive with their Lord and given provision. Martyrs other than those who were martyred for the sake of Allah, such as those who died of a stomach disease or the plague, or those who were killed by falling walls or drowned, are to be washed and the funeral prayer is to be offered for them. Included with them are those who die in vehicle rollovers and car crashes; they are likened to the one who is crushed beneath a falling wall, and there is the hope that they will have the status of martyrdom, but they are to be washed and the funeral prayer is to offered for them, as is done for those who die of stomach diseases or drowning. End quote. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) 

Fataawa Noor ‘ala al-Darb, 3/1426 

For more information please see the answer to question no. 45669.

And Allah knows best.

Is a bee sting or scorpion sting one of the things that invalidate the fast?

I would like to ask whether a bee sting or scorpion sting is one of the things that invalidate the fast?.

Praise be to Allaah.

We do not know of any scholar who says that a bee sting or scorpion sting is one of the things that invalidate the fast. Bees and scorpions inject poison into the body of the one who is stung and he tries to avoid their sting, whereas in the case of all the things that invalidate the fast, it is stipulated that in order for the fast to be invalidated, the fasting person does them voluntarily. 

But things that are done involuntarily do not invalidate the fast, as in the case of a person into whose mouth a fly flies and he swallows it – the fast is not invalidated by that. 

There is no known difference of opinion among the contemporary scholars that injections to the skin or muscles do not invalidate the fast. The basic principle is that the fast remains valid unless there is proof that it has been invalidated. These injections are not food or drink, and they do not take the place of food or drink, so if the injection is medicine, it does not invalidate the fast, so it is more likely that the sting of a scorpion or bee does not invalidate the fast. 

In the answer to question no. 38023 we have listed in detail the things that invalidate the fast.

In the answer to question no. 2299 there is a discussion on the effect of using medicines and medical treatments on the fast. 

And Allaah knows best.

Can he take vitamins after sahoor?

The doctor has prescribed me some type of vitamins and I have to take one tablet each day. Is it permissible to take it after sahoor in Ramadaan?.

Praise be to Allaah.

Allaah has permitted those who fast to eat and drink until dawn comes. When dawn comes, it is haraam to eat and drink, and it makes no difference whether what is consumed is food or medicine. Allaah says (interpretation of the meaning): 

“and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night)”

[al-Baqarah 2:187] 

It was narrated from ‘Abd-Allaah ibn ‘Umar (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Bilaal gives the adhaan at night, so eat and drink until Ibn ‘Umm Maktoom gives the call to prayer.” Then he – i.e., Ibn ‘Umar – said: He was a blind man who did not give the call until it was said to him: “It is dawn, it is dawn.” Narrated by al-Bukhaari (592), Muslim (1092).  

It was narrated that Ibn Mas’ood (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “No one of you should let the adhaan of Bilaal prevent him from eating sahoor. Rather he gives the call to prayer so that the one who is praying qiyaam may rest and the one who is asleep may wake up.” Narrated by al-Bukhaari (6802), Muslim (1093). 

Based on this, it is permissible for you to take the medicine after sahoor if that is before dawn breaks, and there is nothing wrong with that. The fact that the effects of food and medicine remain in the body during the day in Ramadaan is one of the blessings of sahoor. Hence it is prescribed to delay sahoor so that the Muslim will have the strength to fast during the day in Ramadaan. 

We ask Allaah to protect your spiritual and worldly affairs. 

And Allaah knows best.

If bits of food go down his throat without him meaning them to, does that invalidate his fast?

I put in removable braces after eating sahoor, and I did not notice that there were bits of food on the braces after I had brushed my teeth, which led to some bits of food going down into my throat, and I spat out some other bits. Do I have to repeat that fast or what?.

Praise be to Allaah.

The Muslim who intends to fast should clean his teeth at night and remove any bits of food that may be stuck to them or caught in between them. He should also rinse his mouth out well when he does wudoo’, to remove any bits of food that may be stuck to his teeth.  

If a person voluntarily swallows bits of food that are caught between his teeth when he is able to spit them out, then he invalidates his fast by doing that. But if he swallows them without meaning to, such as if they go into his throat with his saliva and he cannot stop that, then his fast is valid and he does not have to do anything else.  

Al-Nawawi (may Allaah have mercy on him) said: Our companions – i.e., the Shaafa’is – said: If there is some food left between his teeth, then he should remove it at night and clean his mouth. If he starts his day fasting and there is anything stuck between his teeth and he swallows it deliberately, then his fast is invalidated and there is no difference of opinion among us concerning that. This was also the view of Maalik, Abu Yoosuf and Ahmad. 

Our evidence for ruling that his fast is invalidated is that he swallowed it when he was able to spit it out, and there was no need to do that, so he has invalidated his fast, just as if he had spat it out into his hand and then swallowed it.  

But if it mixes with his saliva and he swallows it without meaning to, then there is a difference of opinion narrated by our companions from al-Shaafa’i. Some of them narrated that it breaks the fast, and some of them narrated that it does not break the fast. The correct view is that of the majority, which is that there were two situations in this case. When he said that it does not break the fast, he was referring to a situation where it cannot be distinguished and spat out. And when he said that it does break the fast, he was referring to a situation where the person was able to spit it out but did not do so, and swallowed it instead. End quote. 

Al-Majmoo’ (6/317) 

See also the answer to question no. 78438 for a useful quotation from Ibn Qudaamah, and the answer to question no. 22981 for useful guidelines on things that invalidate the fast. 

And Allaah knows best.

Should the worshippers stand up when they hear the iqaamah or in the middle of it or at the end of it?

When the muazzin starts to call some brothers stand up and starts to arrange the rows and some brothers still wait where they are till the muazzin calls "qadqamathisalah" , So What is the authentic way? .

Praise be to Allaah.

The matter is broad in scope and a person may stand up at the beginning of the iqaamah or in the middle of it or after it finishes. The majority of scholars are of the view that if the imam is in the mosque, they should not stand up until the iqaamah ends. 

Imam Maalik (may Allaah have mercy on him) said in al-Muwatta’: With regard to people standing up when the iqaamah for prayer is given, I have not heard anything definitive concerning that, but I think it depends on what the people are able to do, because there are heavy and light ones among them and they are not all able to stand up at the same time. End quote. 

Al-Haafiz said in al-Fath: The majority are of the view that if the imam is with them in the mosque, they should not stand up until the iqaamah ends. It was narrated that Anas used to stand up when the muezzin said “Qad qaamat il-salaah (prayer is about to begin)”; narrated by Ibn al-Mundhir and others. It was also narrated by Sa’eed ibn Mansoor via Abu Ishaaq that the companions of ‘Abd-Allaah (i.e., Ibn Mas’ood, may Allaah be pleased with him) also did that. It was narrated that Sa’eed ibn al-Musayyib said: When the muezzin says “Allaahu akbar” one must stand up. When he says “Hayya ‘ala al-‘salaah (come to prayer), the rows should be straightened, and when he says “Laa ilaaha ill-Allaah” the imam should say takbeer (to start the prayer). But if the imam is not in the mosque, the majority are of the view that they should not stand up until they see him. End quote. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: Is there any mention in the Sunnah of a specific point in the iqaamah when people should stand up for the prayer? 

He replied: There is no mention in the Sunnah of a specific point in the iqaamah when people should stand up for the prayer, but the Prophet (peace and blessings of Allaah be upon him) said: “Do not stand up until you see me.” Agreed upon. If a person stands up at the beginning of the iqaamah or during it or when it ends, all of that is permissible. End quote from Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen (13/16). 

And Allaah knows best.

Ruling on using ear drops during the day in Ramadaan

What is the ruling on using ear drops in Ramadaan and during the day – does that invalidate the fast?.

Praise be to Allaah.

There is nothing wrong with the fasting person using ear drops and eye drops, and his fast is not invalidated by that. Some scholars are of the view that it invalidates the fast if the taste of it can be felt in the throat, so in order to be on the safe side it is better to avoid that during the day in Ramadaan, and if the one who feels the taste of it in his throat repeats that fast, then that is better. 

It says in a statement of the Islamic Fiqh Council: 

The following things are not regarded as breaking the fast: eye drops, ear drops, having the ears syringed, nose drops and nasal sprays, so long as one avoids swallowing anything that may reach the throat. End quote.

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him) said: 

Cleaning the teeth with toothpaste or a siwaak does not invalidate the fast, but the fasting person must avoid letting any of that reach his stomach, but if it happens without him intending it to, then he does not have to make up the fast. The same applies to eye drops and ear drops. They do not break the fast according to the more correct of the two scholarly opinions, but if he finds the taste of the drops in his throat, he should make up the fast in order to be on the safe side, but it is not obligatory, because these are not openings through which food and drink enter the body. But nose drops are not permissible, because the nose is an opening through which food and drink may enter the body. Hence the Prophet (peace and blessings of Allaah be upon him) said: “Snuff water up into the nose deeply, unless you are fasting.” Narrated by al-Tirmidhi (788) and Abu Dawood (142); classed as saheeh by al-Albaani. 

The one who does that has to make up the fast because of this hadeeth and similar reports, if he finds the taste of that in his throat. End quote. 

Majmoo’ Fataawa al-Shaykh Ibn Baaz (15/260, 261) 

He also said: 

The correct view is that drops do not break the fast, although there is a difference of opinion among the scholars and some of them said that if the taste of them reaches the throat then they do break the fast. But the correct view is that they do not break the fast at all, because the eye is not an opening through which food reaches the body. But if the one who uses them and finds the taste of that in his throat repeats the fast in order to be on the safe side and to avoid an area of scholarly difference of opinion, there is nothing wrong with that. But the correct view is that they do not break the fast whether they are eye drops or ear drops. End quote. 

Majmoo’ Fataawa al-Shaykh Ibn Baaz (15/263) 

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said:  

With regard to eye drops – and also using kohl – and ear drops, they do not break the fast because there is no report to indicate that, or anything mentioned in the reports that suggests that, and the eye is not an opening through which food and drink enter the body, and neither is the ear. 

The scholars said: If a man stains his feet with colocynth (bitter-apple) and notices the taste of that in his throat, that does not break his fast, because that is not an opening through which food and drink enter the body. The same applies if he uses kohl or puts drops in his eye or his ear: it does not break his fast even if he notices the taste of it in his throat. Similarly if he applies ointment for medical purposes or otherwise, it does not affect him. And if he has difficulty in breathing and uses this puffer in his mouth in order to make his breathing easier, that does not break his fast, because it does not reach the stomach, and it is not food or drink. End quote. 

Fataawa al-Siyaam, p. 206. 

And Allaah knows best.