Fatawa of Sheikh Muhammad bin Hizam Al-Ba'dany
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Miscellaneous Fatwas and Islamic verdicts from the Quran and Sunnah, and authentic statements of the Companions and Salaf, and general Guidance and Advice from the Methodology of the Salaf and Creed of the Rightous predecessors
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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner asks: If a woman becomes pure from her post-natal bleeding after twenty days, must she fast?

📝 The answer:

Yes, she is obliged to fast by unanimous consensus of the scholars. It is not obliged for those going through post-natal bleeding to remain forty days, this is incorrect. Some people think that she is obliged to stay for forty days, this is a great error, rather she must stay until the bleeding stops. If the post-natal bleeding stops after twenty days for argument sake, or thirty, or twenty five, then it is obligatory upon her to pray and fast, and she becomes permissible for her husband.

That which is taken into consideration is the stopping of the blood according to the consensus of the scholars, with regards to that which is less than forty days by unanimous consensus of the scholars. They differed on whether if the bleeding doesn’t stop after reaching forty days.

Some of them said: forty days is sufficient for her, so she must take her Ghusl and pray. The correct view in this matter is that she waits for the blood to stop. So that which is taken into consideration is the stopping of the bleeding, even if she reaches fifty days, she continues not praying nor fasting until it stops.

Thus, it is incumbent upon the husbands to inform their wives, and it is incumbent upon the women to inform each other with regards to this ruling. Many of the women, especially in the villages, are ignorant of this ruling. They wait forty days, this is an error. If the bleeding stops then it is obligatory upon her to pray and fast, and she does not wait for forty days. The difference of opinion between the scholars is only in the scenario if she passes forty days, is only forty days sufficient for her or must she continue waiting, this is the difference of opinion. And the correct view in this is that she must wait for the bleeding to stop as long as it (the blood) still has its known characteristics, and Allah knows best.

Original Fatwa:
https://t.me/ibnhezam/16753

#Fatwas_on_fiqh
#Fatwas_on_fasting
#Fatwas_on_nullifiers_of_fasting
#Fatwas_on_women
#Fatwas_on_purity_taharah
#Fatwas_on_mensturation_and_postnatal_bleeding

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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner asks: Is the prayer nullified if the person prays and he has some food in his mouth?

📝 The answer:

If he swallows the food while it is manifest and he can get rid of it, and he can feel it, then it nullifies his prayer. If he put water in his mouth and spat it out, and he tries hard in removing the remains of the food but small remnants remain which he is not aware of, it flows with his saliva, then the scholars said: ‘It is not possible to take precaution against this and it does not nullify the prayer nor the fast’.

As for if he can feel it, and he can get rid of it, then he must not swallow it, not in the prayer and not during the fast, as it will nullify the worship. May Allah grand us and your success.

Original Fatwa:
https://t.me/ibnhezam/16774

#Fatwas_on_fiqh
#Fatwas_on_prayer_salah
#Fatwas_on_actions_of_the_prayer

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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

From the well-known affairs is that the one who leaves of an obligation from the obligations of the prayer intentionally then his prayer is invalid, what is the evidence for this?

📝 The answer:

Firstly: The speech of the questioner is with regards to the obligation which is not a pillar, as for the pillar, then leaving it off nullifies the prayer according to the unanimous concensus of the scholars.

However, his speech is with regards to an obligation that necessitates the prostration of forgetfulness if it is forgotten.

The evidence that the one who leaves it off intentionally then his prayer is invalid is the Hadith of ‘A’ishah (رضي الله عنها) in the Saheehayn that the Prophet (ﷺ) said:
(مَنْ أَحْدَثَ فِي أَمْرِنَا هَذَا مَا لَيْسَ مِنْهُ فَهُوَ رَدٌّ)
“He who espouses a new affair in this matter of ours (i.e., Islam) that is not from it will have it rejected (by Allah).”
And in the narration of Muslim:
(مَنْ عَمِلَ عَمَلاً لَيْسَ عَلَيْهِ أَمْرُنَا فَهُوَ رَدٌّ)
“He who did any act for which there is no sanction from our behalf, that is to be rejected.”

Hence, leaving of an obligation intentionally indicates negligence in the prayer, and showing no care for the commandments of Allah. You have left of an obligation from your own accord and not due to the legislation.

You have espoused in this religion and have transgressed against your Rabb. This is an indication of disobedience towards Allah and His Messenger, that one leaves of an obligation intentionally, how can his prayer be accepted?! He leaves off its obligations intentionally thus the prayer is invalid, Imam Ahmad mentioned this as well as others from the people of knowledge.

Original Fatwa:
https://t.me/ibnhezam/16770

#Fatwas_on_fiqh
#Fatwas_on_prayer_salah

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📩 Question:

A man says: His wife is fatigued from pregnancy, and her fatigue leads to extreme frailness in the bones which leads to lack of movement from her, is it permissible for her to use some methods of contraception?

📝 The answer:

If the fatigue that she goes through is excessive according to the intelligent proficient doctors, then there is no issue in preventing from the angle of removing the greater harm by taking the lesser of the two evils. It is permissible to remove the greater of the two evils, rather a person is commanded with this due to the speech of the Prophet (ﷺ):
(لاَ ضَرَرَ وَلاَ ضِرَارَ)
"There should neither be harming (of others without cause), nor reciprocating harm (between two parties)."

And before that the speech of Allah (سبحانه وتعالى):
﴿يُرِيدُ ٱللَّهُ بِكُمُ ٱلْيُسْرَ وَلَا يُرِيدُ بِكُمُ ٱلْعُسْرَ﴾
“Allah intends for you ease, and He does not want to make things difficult for you.”

And the speech of Allah (تعالى):
﴿وَمَا جَعَلَ عَلَيْكُمْ فِى ٱلدِّينِ مِنْ حَرَجٍۢ ﴾
“And He has not laid upon you in religion any hardship”.

However, it is incumbent to investigate the speech of the doctors, and all aid and assistance is sought from Allah alone.

Likewise, one must take the type of contraception which has the least harm, so she must not go and take those methods of contraception which lead to a greater harm than she is already facing.

As for using contraception without a need then it is Haram if it causes harm to the woman, and disliked if it doesn’t cause her harm, because it leads to harming her and preventing offspring which the legislation has commanded with and encouraged.

Original Fatwa:
https://t.me/ibnhezam/16782

#Fatwas_on_fiqh
#Fatwas_on_general_and_specific_affairs
#Fatwas_on_women

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📩 Question:

The questioner asks: What is the ruling of the one who says that the Prophet (ﷺ) did not convey everything he was commanded to convey?

📝 The answer:

The person who says this is a disbeliever due to rejecting the evidence in the Qur’an and the Sunnah. Allah says regarding the Prophet (ﷺ):
{ٱلْيَوْمَ أَكْمَلْتُ لَكُمْ دِينَكُمْ وَأَتْمَمْتُ عَلَيْكُمْ نِعْمَتِى وَرَضِيتُ لَكُمُ ٱلْإِسْلَـٰمَ دِينًۭا}
“This day, I have perfected your religion for you, completed My Favour upon you, and have chosen for you Islam as your religion.”

And in the Saheehayn on the authority of ‘A’ishah (رضي الله عنها) that she said:
من أخبركم أن النبي صلى الله عليه وسلم كتم شيئاً من الوحي فقد أعظم على الله الفرية ولو كان النبي صلى الله عليه وسلم كاتما شيئا لكتم هذه الآية:
Whoever tells you that the Prophet (ﷺ) concealed parts of the revelation, then they have uttered one of the worst lies against Allah. If the Prophet (ﷺ) was to conceal anything which was sent to him, then he would have concealed:
{وَإِذْ تَقُولُ لِلَّذِي أَنْعَمَ اللَّهُ عَلَيْهِ وَأَنْعَمْتَ عَلَيْهِ أَمْسِكْ عَلَيْكَ زَوْجَكَ وَاتَّقِ اللَّهَ وَتُخْفِي فِي نَفْسِكَ مَا اللَّهُ مُبْدِيهِ وَتَخْشَى النَّاسَ وَاللَّهُ أَحَقُّ أَن تَخْشَاهُ}
“And (remember) when you said to him (Zaid bin Harithah رضي الله عنه) on whom Allah has bestowed Grace and you have done favour "Keep your wife to yourself, and fear Allah." But you did hide in yourself that which Allah will make manifest, you did fear the people whereas Allah had a better right that you should fear Him.”

Original Fatwa:
https://t.me/ibnhezam/16805

#Fatwas_on_aqeedah_and_tawheed
#Fatwas_on_nullifiers_of_islam
#Fatwas_on_wordings

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📩 Question:

The questioner asks: What is the ruling of Mut’ah Nikaah?

📝 The answer:

Mut’ah Nikaah means for a man to marry a woman for an appointed time period, so he stipulates at the time of the contract that the time period of the marital contract is one month, or two months, or for a few days, and this type of marriage is Haram, impermissible and it is a null marital contract.

The Prophet (ﷺ) gave concession for this type of Nikaah at the beginning, then he prohibited it. The Prophet (ﷺ) said:
(إِنِّي قَدْ كُنْتُ أَذِنْتُ لَكُمْ فِي الاِسْتِمْتَاعِ مِنَ النِّسَاءِ وَإِنَّ اللَّهَ قَدْ حَرَّمَ ذَلِكَ إِلَى يَوْمِ الْقِيَامَةِ فَمَنْ كَانَ عِنْدَهُ مِنْهُنَّ شَىْءٌ فَلْيُخَلِّ سَبِيلَهُ)
“I had permitted you to contract temporary marriage with women, but Allah has forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of marriage contract) he should let her off”

So this Nikaah became impermissible and it is considered to be null. If a man agrees with a woman to marry for a specified time period then it is a marital contract which is null, and him consummating the marriage is considered as Zina (illegal sexual intercourse).

Mut’ah Nikaah would end when the stipulatd time period had come to an end witout the need for divorce. Also, it was not from the conditions for a Wali (guardian) to be present, rather the consent of the woman only. Then this Nikaah became Haram. And all aid and assistance is sought from Allah alone.

Original Fatwa:
https://t.me/ibnhezam/16803

#Fatwas_on_fiqh
#Fatwas_on_nikaah_marital_contracts_marriage
#Fatwas_on_women

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As the person said: 'Looking followed with smiling and greeting… speaking followed by setting a date and then meeting.'
These are all Fitan (plural of Fitnah) which have become widespread amongst the Muslims, and there is no might and no power except by Allah.

It is obligatory upon the guardians of the women to have Taqwa of Allah with regards to their womenfolk, and to not allow his daughter and neither his sister to free-mix with men, and it is obligatory upon him to have Taqwa of Allah.
﴿يَا أَيُّهَا الَّذِينَ آمَنُوا قُوا أَنْفُسَكُمْ وَأَهْلِيكُمْ نَارًا وَقُودُهَا النَّاسُ وَالْحِجَارَةُ﴾.
“O you who believe! Ward off yourselves and your families against a Fire (Hell) whose fuel is men and stones”

And how many men left their daughters, and allowed for her to have her freedom, and before he knew it after that he was trialled with his reputation being tarnished, and trialled with his close ones falling into Zina, and then after that from them is the one who wants to murder, and one that wants to disown, and the likes of this.

So this is from the Fitan that the enemies of Islam are striving towards to the highest degree by spreading it amongst the Muslims.

It is obligatory upon the leaders to separate between men and women, and that education is done for men separately and for women separately, and for the hospitals to have no free mixing within them, thus there being a section for women specifically separate from the men’s section.

And that which takes place from the extreme necessities, then the necessities have their own rulings. If a woman is in need to be treated by a man or the likes of this, then there is no issue.

Original Fatwa:
https://t.me/ibnhezam/16291

#Fatwas_on_fiqh
#Fatwas_on_nikah_marriage
#Fatwas_on_women
#Fatwas_on_major_sins_and_prohibitions
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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner asks: What is the ruling of standing up for someone who has come from a journey or other than a journey?

📝 The answer:

If he has come, regardless of it being from a journey or other than a journey, and he stood up in order to shake his hand or hug him, then there is no problem. The standing up is not for the man himself rather the standing up is for the greeting or the hugging, hence this is permissible and there is no issue.

It has been authentically established on the authority of Hasan al-Basri with al-Bayhaqi with an authentic chain of transmission, and it has come on the authority of Anas with Al-Tabrani with a chain of transmission which is acceptable that they both said:
(كان أصحاب النبي ﷺ إذا التقوا تصافحوا، وإذا قدِموا من سفر تعانقوا)
“The companions of the Prophet (ﷺ) would shake hands if they met, and when they would return from a journey they would hug”

So a standing person hugging a seated person is not something which is ordinary, and it also leads to the standing person needing to bow down, so that which is best is for him to stand, and there is no issue with this standing as it is not a standing in order to venerate the man and neither for the purpose of worship. Not the standing of worship, nor the standing of veneration rather it is standing for another purpose.

As the Prophet (ﷺ) said as has come in the Saheehayn on the authority of ‘A’ishah (رضي الله عنها):
(لما جاء سعد بن معاذ رضي الله عنه، قال: "قُومُوا إِلَى سَيِّدِكُمْ)
“When Sa’d bin Mu’aadh (رضي الله عنه) came he said: “stand up for your chief”
i.e. to lower him from his donkey, because he was injured and so that they can receive him.

Also in the Saheehayn when K’ab bin Malik (رضي الله عنه) repented when Allah revealed with regards to his repentance, Talha bin ‘Ubaydullah (رضي الله عنه) stood up to run towards him. He (Ka’b) said: “until he shook my hand and congratulated me.” He stood and ran towards him and so Ka’b never forgot this gesture from Talha.

This standing is for incidental matters, not for venerating him. As for standing in order to venerate the person then this is impermissible. It has come in the Musnad of Imam Ahmad on the authority of Mu’aawiyah bin Abi Sufyaan (رضي الله عنه) that the Prophet ﷺ said:
(مَنْ أَحَبَّ أَنْ يَمْثُلَ لَهُ عِبَادُ اللَّهِ قِيَامًا، فَلْيَتَبَوَّأْ مَقْعَدَهُ مِنَ النَّارِ)
“Let him who likes people to stand up before him prepare his place in Hell.”
i.e. a man being venerated, and he desires from the people to stand up for his coming, this is Haram, and due to this it has come in the Sunan of Abu Dawud on the authority of Anas (رضي الله عنه) who said:
ما كان أحد أحبَ إليهم، من رسول الله صلى الله عليه وسلم، وكانوا لا يقومون له، لما يعلمون من كراهيته لذلك.
“There was no person more beloved to them than the Messenger of Allah (ﷺ), and they would not stand when they saw him because they knew that he disliked that."
i.e. the standing of veneration as is done by the disbelievers for their kings whereby they rise up and stand erected in front of him.

Hence, standing for an incidental purpose is ok, whilst standing in order to venerate the person is Haram. Furthermore, that which they do in schools whereby they make them stand up for the teacher when he enters by way of veneration, then this also is included in the Haram. As for standing for the purpose of exercise as is done in the school playgrounds, then this is allowed and prescribed, and as for remaining still which they call ‘waqfatu ‘alam’ standing still for the flag, then this is impermissible and it is an imitation of the enemies of Islam.

Original Fatwa:
https://t.me/ibnhezam/16285

#Fatwas_on_adab_ettiquetes
#Fatwas_on_general_and_specific_matters
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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner asks: If brown or yellow discharge leaves a woman whilst the time for her menstrual cycle is after a day or two from this day, is that which has left considered to be menstruation and so she doesn’t fast?

📝 The answer:

That which leaves a woman before the exiting of the menstrual blood, regardless of if it being some remnants (of old blood) or yellow discharge, it is not considered to be menstrual blood until her bleeding begins. Upon this, she must pray and fast, and she continues in her prayer and fasting until the bleeding begins.

As soon as the bleeding begins it is obligatory upon her to stop praying and fasting due to the Hadith of Umm ‘Atiyyah (رضي الله عنها) in Bukhari and Abu Dawud whereby she said:
كُنَّا لاَ نَعُدُّ الصُّفْرَةَ وَالْكُدْرَةَ شَيْئًا
"We did not think that the yellowish or brownish discharge counted for anything."

Hence the brown or yellow discharge is not considered to be menstrual blood, and Allah knows best.

Original Fatwa:
https://t.me/ibnhezam/16797

#Fatwas_on_fiqh
#Fatwas_on_sawm_siyaam_fasting
#Fatwas_on_women
#Fatwas_on_menstruation_and_postnatalbleeding

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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner says: is it permissible to sell intoxicants to jews and christians in their country?

📝 The answer:

There is no doubt with regards to the impermissibility of this. On the authority of Anas bin malik (رضي الله عنه) reported by Ahmad, Tirmidhi and other than them, who said:
لَعَنَ رَسُولُ اللهِ (ﷺ) فِي الخَمْرِ عَشَرَةً: عَاصِرَهَا، وَمُعْتَصِرَهَا، وَشَارِبَهَا، وَحَامِلَهَا، وَالمَحْمُولَة إِلَيْهِ، وَسَاقِيَهَا، وَبَائِعَهَا، وَآكِلَ ثَمَنِهَا، وَالمُشْتَرِي لَهَا، وَالمُشْتَرَاة لَهُ
“Allah’s Messenger ﷺ cursed ten people in connection with wine:
The wine-presser, the one who has it pressed, the one who drinks it, the one who carries it, the one to whom it is carried to, the one who serves it, the one who sells it, the one who benefits from the price paid for it, the one who buys it, and the one for whom it is bought.”

And it has come in the two Sahihs in the hadith of Jabir, that the Prophet (ﷺ) said:
(إِنَّ اللهَ وَرَسُولَهُ حَرَّمَ بَيْعَ الخَمْرِ، وَالمَيْتَةِ، وَالخِنْزِيرِ، وَالأَصْنَامِ)
“Allah and His Messenger have declared forbidden the selling of wine, animals which have died without being legislatively slaughtered, swine and idols.”

Therefore it is not permissible to sell wine, and the wealth earnt from it is haram. And the evidences for the impermissibility of it are many and mass transmitted, and they are all general including the one who sells it to a Muslim or a non Muslim.

Original Fatwa:
https://t.me/ibnhezam/15744

#Fatwas_on_fiqh
#Fatwas_on_transactions
#Fatwas_on_buying_and_selling

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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner asks: Is it permissible for a man to initiate the Salaam with an old women?

📝 The answer:

If she is old to the extent that he is safe from Fitnah and he won’t be suspect to doubt, then it is permissible for him to initiate the Salaam. In Sahih al-Bukhari on the authority of Sahl bin Sa’d (رضي الله عنه) that they used to walk by an elderly woman on Friday, greeting her with Salaam and she would respond to their Salaam and would give some of the companions some food after they had left the Friday prayer.

As for if there is suspicion present or doubt, or Fitnah is feared such as if she was young, and not from his close relatives, then he should not initiate the Salaam.

Original Fatwa:
https://t.me/ibnhezam/16860

#Fatwas_on_fiqh
#Fatwas_on_marriage_nikkah
#Fatwas_on_women

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And in English:-
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In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful
In the Name of Allāh, the Entirely Gracious, the Exclusively Merciful

📩 Question:

The questioner asks: A mans electrical device became faulty and so he went to a technician to fix it. He opened it and then returned it after not being able to fix the problem however he is requesting for the payment whilst he didn’t fix it. What is the ruling?

📝 The answer:

He is not entitled to be paid, because you did not give it to him except that he fixes it. If he had fixed some of the issues and other issues remained, then he is to be given in accordance with that which he fixed from the issues, if there is a benefit in the fixing of it.

It is incumbent that there is an agreement from the beginning whereby he says: ‘I will not give you anything unless you fix it'. As for you trying to fix it before returning it to me and then you say that you want the payment, then there is nothing for you.

So, he should agree with him from before so there doesn't arise a disagreement, and if there was no agreement then that which is from the customs of the people is that he should not be given anything except if he fixes it. And all aid and assistance is exclusively for Allah.

Original Fatwa:
https://t.me/ibnhezam/16862

#Fatwas_on_fiqh
#Fatwas_on_transactions
#Fatwas_on_fees

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