Thursday, 2 February 2012

What is meant by the black and white threads in the verse on fasting

Is regarding the time of suhoor. In the Quran, Allah S.W.T says: 2:187: ......and eat and drink until the whit thread becomes clear to you from the black thread of the dawn.... Doesn't this mean we can eat until the sun starts to rise? Then why do we stop at adhaan of fajr, which is more than an hour before sunrise.

Praise be to Allaah.
What is meant by the black thread in the verse is the night, and the white thread is the dawn, not the rising of the sun. 
Dawn is called the white thread because the first thing that is seen of the dawn is a light in the sky that looks like a thread along the horizon, stretching from right to left, from north to south. Then it continues to increase until it spreads through the whole sky. See Fath al-Baari, commentary on hadeeth no. 1917. 
Al-Bukhaari (1916) and Muslim (1090) narrated that ‘Adiyy ibn Haatim (may Allaah be pleased with him) said: “When the words ‘until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night)’ [al-Baqarah 2:187 – interpretation of the meaning] were revealed, I took a black rope and a white rope and put them beneath my pillow, and I started to look at them during the night, but I could not see any distinction between them. The next morning I went to the Messenger of Allaah (peace and blessings of Allaah be upon him) and told him about that. He said, ‘Rather that is the blackness of the night and the whiteness of the day.’” 
Al-Nawawi (may Allaah be pleased with him) said: 
Abu ‘Ubayd said: The white thread is the true dawn and the black thread is the night. 
And Allaah knows best.

There is no specific du’aa’ to be recited when starting to fast

Is that what is the dua atthe time of begningof fasting.

Praise be to Allaah.
Al-Tirmidhi (3451) narrated from Talhah ibn ‘Ubayd-Allaah (may Allaah be pleased with him) that when the Prophet (peace and blessings of Allaah be upon him) saw the new moon, he would say, “Allaahumma ahlilhu ‘alayna bi’l-yumni wa’l-eemaan wa’l-salaamah wa’l-islaam. Rabbiy wa rabbuka Allaah (O Allaah, make the new moon rise on us with blessing, faith, safety and Islam. My Lord and Your Lord is Allah).” Classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 2745.  
This du’aa’ is not just for the new moon of Ramadaan, rather the Muslim should say it when he sees the new moon at the beginning of every month. With regard to saying du’aa’ every day, there is no du’aa’ that the Muslim should say when starting to fast each day. Rather he should simply have the intention that he is going to fast tomorrow. 
The intention is subject to the condition that it be made at night, before the dawn comes, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever does not intend to fast before dawn, there is no fast for him.” Narrated by al-Tirmidhi, 730. According to a version narrated by al-Nasaa’i (2334): “Whoever does not intend to fast from the night before, there is no fast for him.” Classed as hasan by al-Albaani in Saheeh al-Tirmidhi, 573. What is meant is that whoever does not intend to fast and resolve to do so from the night before, his fast is not valid. 
The intention (niyyah) is an action of the heart. The Muslim should resolve in his heart that he is going to fast tomorrow. It is not prescribed for him to utter it out loud and say, “I intend to fast” and other phrases that have been innovated by some people. 
And Allaah knows best.

He started fasting in London and broke his fast in Riyadh

With regard to fasting, I started fasting in London and broke my fast in Riyadh. What is the ruling on the time difference?.

Praise be to Allaah.
Your fast is valid, because with regard to breaking the fast, what matters is the place where the fasting person is when the sun sets; the time difference does not matter, whether the day is long or short. 
In Fataawa al-Lajnah al-Daa’imah (10/296) it says: 
The scholars are unanimously agreed that the fast lasts from dawn until sunset, and each person who fasts is subject to the rulings on the place where he is, whether he is on the ground or in a plane that is in the air. 
In another fatwa (10/295): 
The basic principle is that with regard to starting to fast, breaking the fast and the time of prayer, each person is subject to the ruling of the land he is in or the air through which he is travelling. If the plane he is in takes off a few minutes before sunset and the day continues for him, it is not permissible for him to break his fast or to pray Maghrib until the sun sets from the point of view of the air through which he is travelling, even if he passes through the airspace of a city whose people have broken the fast and prayed Maghrib, so long as he can see the sun. 
Based on this, whoever starts to fast then travels in a plane towards the west should break his fast when the sun sets in the place where he is. Similarly if he travels by plane towards the east and wants to fast, he should not break his fast until the sun sets in the place where he is. The time difference does not matter. 
And Allaah knows best.

How can sins happen in Ramadaan when the devils are chained up?

I heard the imam mention that the shaytan is not present in the month of Ramadhan. If this is true why is it hard for a muslim to stay away from sins during the month of ramadan even if the muslim is performing his or her regular duties.

Praise be to Allaah.
Firstly: 
The idea that the devils are not present in Ramadaan is not correct. What is proven from the Prophet (peace and blessings of Allaah be upon him) is that the devils are chained up during Ramadaan. 
Al-Bukhaari (1899) and Muslim (1079) narrated from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When Ramadaan comes, the gates of Paradise are opened, the gates of Hell are closed, and the devils are chained up.” 
See question no. 39736
Al-Qurtubi said: 
If it is said, How come we see many evil actions and sins happening in Ramadaan? If the devils are chained up that would not happen. 
The answer is that evil actions are reduced on the part of those who fast meeting all the conditions of fasting and taking care to observe the proper etiquette; or that only some of the devils are chained up, namely the maarids (strong ones), and not all of them, as it says in some reports; or that evils are reduced in this month, which is something noticeable – fewer evils happen in this month than in others. If all of them were to be chained up that does not mean that evil and sin would not happen, because there are other causes of evil apart from the devils, such as evil souls, bad habits and human devils. 
From Fath al-Baari. 
Shaykh Ibn ‘Uthaymeen was asked in Fataawa al-Siyaam (p. 466): 
How can we reconcile between the idea that the devils are chained up in Ramadaan and the fact the people commit sin? 
He replied: 
The fact that sin happens in Ramadaan does not contradict the report that the devils are chained up in Ramadaan, because the fact that they are chained up does not prevent them from moving. Hence it says in the hadeeth: “And the strong devils are chained up, and they cannot achieve what they usually achieve (at other times).” Narrated by Ahmad, 7857; this hadeeth was mentioned by al-Albaani in Da’eef al-Targheeb, 586; he said: it is da’eef jiddan (very weak). 
It does not mean that the devils do not move at all, rather they can move and lead people astray, but their activities during Ramadaan are not like their activities at other times.

Tuesday, 24 January 2012

Does he have to tell his second wife that he is married?

I married a foreign woman after she became Muslim in a shar‘i marriage in accordance with the laws of Allah and the Sunnah of His Messenger, and I concealed from her the fact that I was married before. Is my marriage legitimate or do I have to tell her that I am married and that she is the second wife? Please note that I concealed this matter from her because the country in which we live does not allow plural marriage.

Praise be to Allaah.
It is not obligatory for the husband to tell the second wife that he is already married and this does not affect the validity of his marriage to her. So long as the marriage contract fulfilled the necessary requirements and conditions, then it is valid. 
Shaykh Ibn Jibreen (may Allah preserve him) was asked: Is it essential for the marriage to be valid that a man should inform the woman he wants to marry that he is married to another one, if he is not asked about that? Are there any consequences if he denies it if he is asked? 
He replied: The man is not obliged to tell the woman or her family that he is married if they do not ask him, but that cannot usually be hidden because marriage is not usually done except after a period of enquiring and asking about each of the two partners and verifying that they are suitable. But it is not permissible to conceal any facts, and if either party tells a lie and the other party acts on the basis of it, then there is the option of cancelling it. If he says that he is not married and is lying about that, then the woman has the option of annulling the marriage. If they say that she was a virgin when she is not, then he has the option of going ahead with the marriage or cancelling it.

He married her without the knowledge of his first wife, then his secret was found out, and he is still not giving her her rights with regard to his staying overnight with her

I got married four years ago to a man who was already married and had a daughter. He told me that it would remain a secret to his wife and father, until they found out from people and not from him, and I agreed to that. From the day we married, he has not slept at my house except for one week, on the basis that he was travelling. After that he has not slept in my house and I have been living on my own, and he comes every day. I got pregnant from him and gave birth to a daughter, who is now two years old. Until today he has not registered her in his name, for fear that his wife will find out. I have been patient all this time and have said it doesn't matter, because frankly my husband is a man like no other and he loves me, but after 3 1/2 years his wife and his father found out, and she asked him to divorce me, but he refused to divorce me or to divorce her. But until now he is not treating us fairly, and he has never stayed the night with me and my daughter, and he has not registered his daughter in his name, and I do not know why. Even on Fridays it was hard for him to come and visit us; even when my daughter was sick at night, I could not tell him and I was always the one who took her to the hospital. I do not know what I should do. By Allaah, I always ask Allaah to give me patience because I have suffered all these years and I do not know for how long. Please note that my husband fears Allaah and does not miss a prayer, and he always does good. Every time I argue with him he tells me: “Everything in its own good time; you have been very patient, can't you be patient for longer?” 
I hope that you can help me because in fact I am not able to put up with this injustice any more.

Praise be to Allaah.
Firstly: 
When a husband conceals his second marriage, in most cases that leads to some kind of injustice for his new wife, as he will be confused and uncertain and will be afraid that he may do something that would lead to his first wife finding out that he has taken a second wife. This may lead him into a series of mistakes. 
As you agreed to that at first, then you have to put up with what happens to you in some ways and you have to try to set things straight in other ways. 
If your husband had an excuse -- in your view -- before his marriage to you was discovered, then he has no excuse now. What he has to do is to teach you and his first wife fairly with regard to spending the night. However many nights he spends there, he has to spend the same number of nights with you, and you have the right to demand this right which Allaah has obliged him to give and that Allaah has given to you. If he persists in refusing, then you have the choice: either you can accept your life with him and put up with it until Allaah grants you relief -- which is what we recommend -- or you can choose to leave him. 
As the matter has been discovered, we advise you to appoint as an intermediary someone who has knowledge and is of good character, who can intervene between you to resolve your problem with him and make him do that which Allaah has obliged him to do of treating you and his first wife fairly, and registering your daughter officially. This is something that is essential. How can he accept for his daughter to remain like that, with no recorded lineage and with her rights exposed to loss? 
Now the matter is up to you. Advise him and remind him of Allaah, and if he does not respond, then appoint as intermediaries wise people from among your family, or from among your family and his, to advise him and make him adhere to that which Allaah has enjoined upon him of treating his wives fairly and registering his daughter in the official records. 
Ask Allaah to help and guide you and him. We ask Allaah to bring you together on the basis of good and to make it easy for you to do that which pleases Him. 
And Allaah knows best.

He stipulated that she should look after his father, then he took a second wife and she asked him for separate accommodation and to divide the work with her co-wife

The questioner got married to a woman after explaining to her his father's situation, as his father is sick and needs someone to take care of him. She agreed to that, but now he wants to marry a second wife, but the first wife said: If you take a second wife, then it is my right to ask for separate accommodation and to share the care of your father between us (wives). What is your opinion on that? The questioner is saying: How can she request this when it was stipulated from the beginning that she should take care of his father; in fact he only married her for this purpose and no other?.

Praise be to Allaah.
Allah has enjoined fulfilment of covenants and promises. He says (interpretation of the meaning): “O you who believe! Fulfil (your) obligations” [al-Maa’idah 5:1]. The most important covenant that is to be fulfilled is the marriage contract, whether by the husband or by the wife. It was narrated that ‘Uqbah ibn ‘Aamir (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “The condition which most deserves to be fulfilled is that by means of which intimacy becomes permissible for you.” Narrated by al-Bukhaari (2572) and Muslim (1418). 
Based on that, what is required from the wife is to fulfil the condition that her husband stipulated, which is to serve and take care of his father. It seems to us that the wife has no right to ask him to divide this work between her and her co-wife, because that was not stipulated in the marriage contract; furthermore, she knows that Allah has permitted him to marry another woman, and she did not stipulate that he should not take another wife. 
As for her request for separate accommodation, she has the right to that unless it was stipulated before marriage that she should take care of his father in his house and that she would not have accommodation separate from his father. In that case, she is obliged to adhere to the two conditions regarding accommodation and taking care of the father, and she does not have the right to ask for separate accommodation or for the work to be divided between her and her co-wife, unless the husband doest hat on his own initiative. 
If the wife cannot put up with her new situation, then she has the right to ask for khula’ (a type of divorce), in which she will give up her mahr to her husband and he will divorce her (talaaq). 
For more details on khula’, see the answer to question number 26247
We advise the husband to be wise in his conduct and to fear Allah with regard to his first wife; she has accepted him as a husband and has agreed to serve his sick father. It is not right to respond to that by bringing in a co-wife who will not share the work with her and will have advantages over her which will cause him distress in his life and cause him trouble. 
We are not trying to forbid that which Allah has permitted of plural marriage; but we are aware that part of good attitude on the man’s part is responding in kind to the one who has been kind to him in word and in deed. We do not think that the husband’s insisting on not making his second wife share the work of caring for his father is a good way of responding to his first wife’s good conduct. He should stipulate for the second wife what he stipulated for the first; that is what is fair and wise. 
Whatever the case: 
We think that this wife should adhere to the conditions of marriage that were stipulated for her, but she has the right to ask for khula’ if she fears that she will not be able to fulfil the conditions or fulfil her duties towards her husband. But we think that the husband should do the right thing to get out of this situation, which is stipulating for the second wife what he stipulated for the first of caring for his father. If the marriage contract has been done without that, then he has to deal with her kindly and ask her to serve his father and look after him, working with his first wife. 
And Allah knows best.