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بســـم اللــه الرحــمــن الـرحـــيــم

Attaining justice in a Polygamous relationship

📩 Question:

The questioner says: How is justice [attained] between the second and first wife?

📝 Answer:

It begins with him spending three nights with the new wife as soon as he marries her; if she's not a virgin, or seven nights; if she's a virgin. And there is no allotment (sharing out days equally) between the two wives in this period, as proven by the Hadeeth of Anas ibn Maalik, may Allaah be pleased with him, who said: "[It's] from the Sunnah [that] when a man marries a virgin he remains with her seven[nights], then [after those seven nights] he begins alloting. And when he marries a non-virgin he remains with her three[nights] and then begins alloting".
[Reported by Bukhari and Muslim]

Then after this, the allotment begins with alternate nights (one night on, one night off for each) as was the practice of the Prophet ﷺ.

And the basis of allotment here returns back to nights. As for the daytime, then he remains with his wives according to his work schedule; he might have work on one of the wive's turns, meaning he can only stay with her briefly and/or when his work permits. However, he's not allowed to deliberately assign work on days belonging to one of them so as to avoid spending time with them.

He must not pursue this, rather it must be left to Allaah's decree (i.e. whoever's allotment the work coincides with). What's more, during the daytime he should remain with the wife whose turn it is. But he's allowed to make short visits to the other wife, be it the first or the second. So if he is with the first, he's allowed to visit the second, and if it's the second wife's turn, he's allowed to visit the first; a short visit in order to check up on them; for the Prophet ﷺ would visit his wives after 'Asr (the late afternoon prayer) without engaging in any sexual intercourse - but merely to check up on them, without prolonging his visit ﷺ.

And it's not permissible for the husband to have sexual intercourse with any of his wives within the [alloted time] day/night of the other, because this is one of her rights, so he's not allowed to visit the latter [within the former's allotment] and have sexual intercourse with her.

And it's all the same, whether the allotment begins at nightfall; as was the practice of the prophet ﷺ, such that the daytime follows on from the previous [night], or whether the allotment begins after salaatul-fajr, such that the night follows on from the day. Both are permissible, although the preferred method is that of the prophet ﷺ; in that the allotment begins at nightfall and includes the day after.

It's also permissible to start the allotment after salatul-dhuhr, when the sun reaches its zenith. In other words, each wife should be given the same allotment; one day and one night, or more than that, provided the two wives consent to that; like two or three nights each; this might be useful for him if his houses are far apart; he might [even] need to allocate more time. So in general, he should not add without consulting his wives.

Unless [coming to an agreement] is too burdensome upon him, in which case [he opts for something suitable], and there's no harm as this is also a form of justice, even if one of them disapproves. If it's too burdensome for him [to appease both], then the goal is maintain justice, and justice is attained [by giving them equal time], whether its two, three or more nights each. However, the allotment must not be so extensive as to cause harm to any of the women.

Furthermore, when one of the wives becomes sick, he must not go and have intercourse with the other wife, this is a mistake. It's not permissible for you to go to the other wife becuase this one is unwell, rather you [must] remain with her on her night, consoling her upon her sickness, and in doing so she will become more cheerful. Whereas, deserting her at this time and going to spend time with the other wife is not permissible for you, and this is a form of oppression.

Likewise, it's not

permissible for hi
m to be crafty when it comes to allocating time whereby he gives one less time than the other. So for example, the allotment ends with one of them, so he says, "lets start the allotment anew" [so it starts again from the one whose turn just ended]. This is a form of oppression.

And if he has to travel and leave his wives behind, then upon his return, he has to continue from where he left off. So if he travelled when this one's turn came to an end, he has to restart with the other one. And the main thing to take note of here is nights. So if he set out before nightfall, the one whose night it was would not have had her share, so when he returns he has to give her share. So for example, if he stayed in his residence from Fajr to Asr, then unexpectedly he has to travel just before maghrib, he would have been with that wife throughout daytime (i.e. From sunrise to sunset), nonetheless, nights carry more significance, so upon his return he spends a night with her becuase he owes her a night.

And if he intends to travel with one wife, even though both have already agreed to take turns in accompanying him on his travels, then he should still clarify to them the journey's duration so as to avoid any injustices/unfairness. Because one journey might take longer than another, hence, likely resulting in dispute. But if there's mutual consent after knowing how long the journey will take, then there's no harm. Although the preferred [method] in this matter is that of our Prophet ﷺ; drawing lots; he draws lots between them, and whoever comes out on top - he takes her with him.

And even if after spending a whole week with him, when they return, she goes back to her normal allotment, because that [time spent with him] was her fortune from the picking of lots.

And if he sets out on another journey, he draws lots once again. The turn doesn't automatically fall to the second wife; the point of casting lots is not so that when he returns he gives the other wife the same as the first; so just because the first wife won the draw last time round, the next journey is automatically awarded to the other wife, No! Rather, the intent behind casting lots is that it is repeated for every journey, and that once he returns, he resumes the allotment from where he left off. So if he had set out on the turn of the same wife that accompanied him, he resumes with her from where the allotment stopped.

Similarly, he has to maintain justice when buying clothes and food. But in terms of essential expenditure and clothing, each one is given in accordance to her needs; essential clothing like if one of them doesn't have enough to cover her 'Awrah, or if one's footwear becomes faulty, he buys her another pair. So all in all, the essential expenditure and clothing is in accordance to their needs. Equality is not required in this matter. For example, if one doesn't have shoes and the other one does, he purchases a pair for the one in need and he's not required to purchase a pair for the other one, unless she too is in need. So each wife is given her essential clothing and spending needs accordingly.

Another example is if one of the wife's garments becomes ripped, leaving her with only a dress or two and she's greatly in need of an extra garment, there's no harm in him buying an extra garment for her. This is not an issue of equality (i.e. he doesn't have to now go and buy his other wife an extra dress aswell). The same goes for any essential expenditures. For example, the first wife has four or five children while the other hasn't except a child or two, here he would have to spend more on the first wife. There's no doubt that he has to spend more accordingly. [Another example], one of them becomes sick and needs medication while the other is fit and healthy, this one can't turn around and say, "You bought medication for her, so buy me fruits"!! She has no right to do so. And [the same] regarding home appliances and the like, so long as the need is urgent there's no problem. If one wife's needs are met, he can buy essentials for the one in need.

As for n
onessentials; surplus clothing and expenses - which are known as luxuries - including gifts, it's incumbent upon him to observe equality. Justice had to be observed with regards to surplus expenses for one's wives, and the same applies to the children; [as the Prophet ﷺ said:] "Fear Allaah and treat your children equally".

Also on Eid, people have become accustomed to [buying new] clothes, but this doesn't mean it's incumbent for the husband [to do so], except if the wife is in need. However, the norm is that she gets clothes, especially if she wants some and she didn't get any all year round; it's desirable that he buys her clothes (in this case). But as far as it being (wajib) mandatory, then this is only if there's a need; only then does it become wajib upon him.

Similarly, some husbands get treats from the market for one/some of his wives. It's wajib for him to be just between them in this regard also.

And regarding [hosting] guests, then it should be coincide with whoever's turn it is. He shouldn't seek to always host them at [the home of] one of the wives, rationalising this by saying: "this one, mashallaah, has more endurance over hard work". No, he shouldn't seek to do this!

Also, with accommodation, what's wajib upon him is as previously mentioned, i.e. Satisfying their [essential] needs. If it happened that he housed his first wife in a spacious accommodation, then afterwards he marries a second wife and houses her in a smaller accommodation, she would have no right to demand a more spacious house like that of the first; as she had that beforehand.

And if one of them is a student of knowledge, there's no harm in him taking her out in order for her to benefit other women in the surrounding areas - provided it's not a travelling distance (Safar), and the time spent together would count towards her allotment. As for travelling distance, then he is not allowed to travel with her until lots are drawn [or after coming to an agreement with the rest of the wives]. So he can take her out to benefit other women on her allotted time provided it's not a travelling distance, and this would count towards her turn. Furthermore, the intent in these excursions must not be for pleasure and enjoyment, but rather to benefit the people.

If the intent was for pleasure and enjoyment, he would have to take out the other wife out aswell on a different occasion so that she too may enjoy.

And if - after marrying a second - he buys gold or clothes for the first wife in order to appease her, then this fine. There's no harm in seeking to appease her in this case, becuase women - as is well known - become severely heartbroken when their husbands marry over them. So it's good that he seeks to appease her through [gifting the likes of] gold or clothes. And it seems like if he does this early on and informs the new wife about it, she won't be too fussed. But if he delays, then later he seeks to appease [the first wife with gold or clothes], the second wife will also demand her right to equality.

And praise be to Allaah, and may peace and blessings be upon the messenger of Allaah, his family, his companions and those who follow him.

______
Translated by:
Abu Jabal Haidar Al-Haatimi

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Original Fatwa:
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وَمِنَ ٱلنَّاسِ مَن يَتَّخِذُ مِن دُونِ ٱللَّهِ أَندَادًا يُحِبُّونَهُمْ كَحُبِّ ٱللَّهِۖ وَٱلَّذِينَ ءَامَنُوٓا۟ أَشَدُّ حُبًّا لِّلَّهِۗ وَلَوْ يَرَى ٱلَّذِينَ ظَلَمُوٓا۟ إِذْ يَرَوْنَ ٱلْعَذَابَ أَنَّ ٱلْقُوَّةَ لِلَّهِ جَمِيعًا وَأَنَّ ٱللَّهَ شَدِيدُ ٱلْعَذَابِ

And of mankind are some who take (for worship) others besides Allaah as rivals (to Allaah). They love them as they love Allaah. But those who believe, love Allaah more (than anything else). If only, those who do wrong could see, when they will see the torment, that all power belongs to Allaah and that Allaah is Severe in punishment.

إِذْ تَبَرَّأَ ٱلَّذِينَ ٱتُّبِعُوا۟ مِنَ ٱلَّذِينَ ٱتَّبَعُوا۟ وَرَأَوُا۟ ٱلْعَذَابَ وَتَقَطَّعَتْ بِهِمُ ٱلْأَسْبَابُ

When those who were followed, disown (declare themselves innocent of) those who followed (them), and they see the torment, then all their relations will be cut off from them.

وَقَالَ ٱلَّذِينَ ٱتَّبَعُوا۟ لَوْ أَنَّ لَنَا كَرَّةً فَنَتَبَرَّأَ مِنْهُمْ كَمَا تَبَرَّءُوا۟ مِنَّاۗ كَذَٰلِكَ يُرِيهِمُ ٱللَّهُ أَعْمَٰلَهُمْ حَسَرَٰتٍ عَلَيْهِمْۖ وَمَا هُم بِخَٰرِجِينَ مِنَ ٱلنَّارِ

And those who followed will say: "If only we had one more chance to return (to the worldly life), we would disown (declare ourselves as innocent from) them as they have disowned (declared themselves as innocent from) us." Thus Allaah will show them their deeds as regrets for them. And they will never get out of the Fire.

[Al-Quraan 2:165 - 167]

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بســـم اللــه الرحــمــن الـرحـــيــم

▪️Is the one who abandons the prayer a disbeliever and will he be in the hellfire forever?▪️


Our Shaykh Abu Bilaal Al-hadhramy-may Allah preserve him- was asked the following question:

📝🔹Question:

Will he who abandons the prayer remain in the Hell-Fire eternally if he abandons it whilst believing it to be obligatory and only abandons it due to negligence?

📩🔸Answer:

Yes, based upon the view that he is a disbeliever. (The Prophet ﷺ said)

"The Pact that is between us and them is the prayer; so whoever abandons it has certainly disbelieved'

(Narrated by Buraida ibn Husaib may Allah be pleased with him in At-Tirmirdhi, An-Nisaaii and Ibn Majah)

"Between a man and between shirk and kufar is abandoning the prayer"

(Narrated by Jaabir-may Allah be pleased with him- in Muslim)

Thus, there is no doubt that he will remain in the fire eternally.

This is what we believe regarding he who abandons the prayer and does not prostrate to Allah a single prostration or offer to him a single bow; he who abandons the prayer completely, whereby it is not known whether he offers a single prayer. These proofs clearly indicate that he is a disbeliever so there must be no uproar regarding this.

We say, based upon the compelling proofs; whoever dies as a disbeliever will remain in the Hell-Fire for eternity. These proofs indicate this clearly and also indicate that there is no intercession for the abandoner of the prayer, so there is no difficulty in (reaching this) viewpoint due to the aforementioned evidences.

However, based upon the opinion that he is not a disbeliever; then he will not remain in the Hell-Fire forever, because he is from the sinful and rebellious muslims, this is as long as he does not reject its authenticity and obligation. In this case he is a sinful and rebellious muslim that has exposed himself to the punishment of Allah.

The scholars past and present have differed in this issue. However the correct viewpoint is that whoever abandons the prayer (completely) has disbelieved in Allah due to the consensus of the companions of The Prophet ﷺ,

"They did not view the leaving of anything as an act of disbelief except the prayer"
(Narrated by Abdullah Ibn Shaqeeq in At-Tirmidhi),
In addition to the two aforementioned ahaadeth.

There are also other proofs that suggest that the abandoner of the prayer is a disbeliever. General proofs such as the hadith of Hudayfa-may Allah be pleased with him- that we recently came across in (our lesson of ) Saheehul Bukhaari:

(Hudayfa - may Allah be pleased with him - said to a man who had not completed his bowing during the prayer)

"..if you die (upon this prayer) you have died upon other than Islam."

The scholars understood from this; if the one who prays however has not perfected his prayer, will die upon other than Islam, so how about he who has abandoned the prayer completely?
When he dies he will die upon other than the religion of Islam with more right; thus he is a disbeliever.

What kind of Islam does he, who has abandoned the prayer have? He has nothing from Islam.

This is the only pillar that a Muslim if he abandons, disbelieves by way of that. As for the remaining pillars; such as Hajj and other than it; a person does not become a disbeliever by abandoning it - except if he rejects its authenticity and obligation.

We therefore do not have a pillar from the acts of worship, that a person becomes a disbeliever by abandoning it except the prayer. As for the remaining pillars, a person is sinful by abandoning it.

The person who does not perform hajj whilst he is capable, is a sinner and not a disbeliever. The person who does not fast (the month of) ramadan whilst he is capable and has reached the age of accountability, is a sinner and not a disbeliever.

As for he who has abandoned the prayer, he is a disbeliever based upon the clear and authentic proofs that have come declaring him to be a disbeliever.

Why have (these proofs) not come for fasting or for hajj?. They have not come clear as they have come regarding the pr
بســـم اللــه الرحــمــن الـرحـــيــم

The ruling of praying the funeral prayer upon those who have partially or completely abandoned the obligatory prayers

Our Shaykh Abu Bilaal Al-Hadhramy- may Allah preserve him- was asked the following question on 20 Safar 1441 (18th October 2019):


📝🔹Question:

There remain amongst us some muslims who pray one day and abandon the prayer another day, whilst some of them abandon the prayer completely. Is the person that passed away prayed upon if he used to pray (his obligatory prayers) occasional and is the person that passed away prayed upon if he did not used to pray at all and what is the ruling of these two groups of people?

📩🔸Answer:

Pray upon the one that prays (sometimes) and (at other times) leaves it because he is (still) a muslim. Thus, whoever wishes to pray upon him may pray upon him. As for the one that does not pray at all and is known to have abandoned the prayer in its entirety; do not pray upon him because he has died in a state of disbelief and it is not permissible to pray upon the disbeliever.

At-Taubah 9:84

{وَلَا تُصَلِّ عَلَىٰٓ أَحَدٍ مِّنْهُم مَّاتَ أَبَدًا وَلَا تَقُمْ عَلَىٰ قَبْرِهِۦٓۖ إِنَّهُمْ كَفَرُوا۟ بِٱللَّهِ}َ

{And do not pray [the funeral prayer, O Muhammad[ﷺ]], over any of them who has died - ever - or stand at his grave. Indeed, they disbelieved in Allah}

This (disbelief) is the reason (why you cannot pray upon him). He who has disbelieved in Allah is not prayed upon nor may a person stand at his grave to make dua for him.

At-Taubah 9:84

{َلَا تُصَلِّ عَلَىٰٓ أَحَدٍ مِّنْهُم مَّاتَ أَبَدًا وَلَا تَقُمْ عَلَىٰ قَبْرِهِۦٓۖ إِنَّهُمْ كَفَرُوا۟ بِٱللَّهِ وَرَسُولِهِۦ وَمَاتُوا۟ وَهُمْ فَٰسِقُون}َ

{ Do not pray [the funeral prayer, O Muhammad[ﷺ]], over any of them who has died - ever - or stand at his grave. Indeed, they disbelieved in Allah}

(Do not stand at his grave) making dua for him because he is not deserving of it. Leave it . (Meaning) after a person has been buried you may stand at his grave (making dua for him) but he is not deserving of this.

Therefore whoever dies in a state of Islam is prayed upon and whoever dies in a state of disbelief; it is not permissible to pray upon him.


At-Taubah 9:84

{إِنَّهُمْ كَفَرُوا۟ بِٱللَّهِ وَرَسُولِهِۦ }

[Indeed, they disbelieved in Allah and His Messenger [ﷺ]]

This is the reason why it is forbidden to pray upon them. As for the one who prays and leaves it; inshaAllah he is a rebellious sinner. (As for) the one who abandons the prayer completely:

(The Prophet ﷺ said)

[العهد الذي بيننا وبينهم الصلاة فمن تركها فقد كفر]

['The Pact that is between us and them is the prayer; so whoever abandons it has certainly disbelieved.']

(Narrated by Buraida ibn Husaib may Allah be pleased with him in At-Tirmidhi, An-Nisaaii and Ibn Majah)

[بين الرجل وبين الشرك الكفر ترك الصلاة]

['Between a man and between shirk and kufar is abandoning the prayer'.]

(Narrated by Jabir in Muslim)

It is presumed within the lands of the muslims that the people are muslims (that fulfil their religious obligations). Therefore do not ask 'does he pray or not?'. Leave this. He is in a muslim land so it is presumed he is a muslim (that fulfils his religious obligations).

Whoever you know with certainty does not pray; do not pray upon him. Whoever you have a doubt concerning, then he is presumed muslim because he is in a muslim land, so pray upon him if you wish.

If you refrain (from praying on him) because of this doubt that is your prerogative. As for declaring people to be disbelievers or asking 'does he pray or not?' There is no need for this. It is clear that this is unnecessary so do not ask about them.

____
Translated by Abou Sufian
Saami Ibn Daniel Al-Ghaani

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Original fatwa:
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