Indexed OCR Text
Pages 361-380
352 Heavenly Ornaments (Behishi Zewar) a place for more than 15 days. In both cases, qurbaani will be wajib on him. Similarly, qurbaani was not wajib on a person due to his not having the nisaab which makes qurbaani wajib. However, he received some money before sunset on the 12th. Qurbaani will therefore become wajib on him. 9. It is best to make one's qurbaani with one's own hands. However, if a person cannot slaughter an animal, he should appoint someone to do so and also present himself at the time when the animal is being slaughtered. But if a woman cannot be present there due to purdah, then there is no harm in her not being present when her animal is being slaughtered. 10. At the time of slaughtering the animal, it is not necessary to make a verbal intention or dua. If the person has the intention in his heart that he is making qurbaani and thereafter makes qurbaani after having said Bismillahi Allahu Akbar, the qurbaani will be valid. But if the person remembers the dua that has been mentioned above, it will be best to recite it. 11. Qurbaani is only wajib on one's own behalf. It is not wajib on behalf of one's children. In fact, if one's immature children are rich, even then qurbaani is not wajib on their behalf - neither from one's own wealth nor from their wealth. If a person makes qurbaani on their behalf, it will be considered to be an optional (nafl) qurbaani. However, this qurbaani will have to be made from one's own wealth. Under no circumstances should it be made from their wealth. 12. Qurbaani is permissible with the following animals: goats, sheep, bulls, buffaloes, camels. The females of each could also be used for qurbaani. Apart from these, qurbaani is not permissible with any other animal. 13. It is permissible for seven people to take shares from one bull, buffalo or camel. However, the condition for this is that no person's share should be less than one seventh of the total. In addition to this, the intention of all of them should be that of qurbaani or aqeeqah and no one should have the intention of merely consuming the meat. If anyone's share is less than one seventh, the qurbaani of all seven persons will not be valid. 14. If less than seven persons share one bull, e.g. if six persons share one animal and none of their shares is less than one seventh, this qurbaani will be valid. But if eight persons share one animal, the entire qurbaani will be invalid and no one's share will be accepted. 15. A person purchased a bull for the purpose of qurbaani. At the time of purchasing the animal, he made the intention that if anyone wishes to share the animal with him he will allow them to do so. Later, a few people joined 353 Heavenly Ornaments (Behishi Zewar) him in sharing the bull. This qurbaani will be valid. But if at the time of purchasing the animal, he did not intend sharing it with anyone else and decided to keep the entire animal for himself, then it will not be good to share the animal with anyone else. If this person does happen to share the animal with someone else, we will have to see if this person who originally purchased the animal for himself is a rich person or a poor person. If he is a rich person and qurbaani was wajib on him, it will be permissible to do so. But if he is a poor person and qurbaani was not wajib on him, it will not be permissible for him to share this animal with anyone else if he did not make the intention to do so at the time of purchasing the animal. 186 16. A qurbaani animal got lost. The person therefore purchased another animal. Thereafter, he found the first animal. If this happened to a rich person, the qurbaani of only one " animal is wajib on him. But if this happened to a poor person, the qurbaani of both animals will be wajib on him. 188 17. If seven persons share one animal, the meat should be equally distributed by weighing it in the proper manner. It should not be distributed by mere estimation. If the meat is not properly weighed and there is a 186 In other words, it is not permissible for a poor person to share his animal with anyone else if he did not make the intention to do so at the time of purchasing the animal. But if he shares his animal with someone else, then the qurbaani of all those with whom he shared the animal will be valid and there will be nothing wrong with their qurbaani. However, it is wajib on the poor person to pay "damaan" for each of the persons with whom he shared the animal. That is, he will have to make qurbaani for each of the persons with whom he shared the animal. This is, if there is still time to do so within the days of qurbaani. But if the days of qurbaani have expired, he will have to give the value of those shares as charity to poor people. 187 He could make qurbaani of any of the two animals. However, if he makes qurbaani of the second animal, he will have to see whether it was cheaper or more expensive than the first animal. If the second animal was cheaper, he will have to calculate the difference and it will be mustahab upon him to give this difference as charity. 188 This mas'ala may apparently seem to be in favour of the rich person when in actual fact it ought to have been in favour of the poor person. The reason for it being wajib upon the poor person to make qurbaani of both the animals is similar to that of a person offering nafl salaat. Prior to offering a nafl salaat, this salaat is only optional on the person. If he offers it, well and good. If not, there will be no sin upon him whatsoever. But the moment he commences this nafl salaat, it becomes wajib upon him so much so that if he were to break it, he will have to make qada of it as well. Similarly, in this mas'ala. Qurbaani was not wajib on the poor person. By his purchasing one animal, he has made the qurbaani of one animal wajib upon him. When he purchased the second animal, he thus made the qurbaani of the second animal wajib upon himself as well. Therefore, the qurbaani of both animals is wajib upon him. 354 Heavenly Ornaments (Behishi Zewar) difference in the amount of shares, this will be regarded as interest 189 and also a sin. However, if the head, hooves and skin are also shared, it will be permissible to give less meat to the one who received the head, feet or skin. If a person receives the same amount of meat as the others and also receives the head, feet or skin, this will also be regarded as interest and a sin. 18. A goat that is less than a year old is not permissible. When it completes a full year, qurbaani of it will be permissible. Bulls and buffaloes have to be at least two years old. Camels have to be at least five years old. Sheep that are fat and healthy and appear to be one year old and if kept with one year old sheep cannot be distinguished, then in such a case a sheep that is even six months old can be used for qurbaani. But if this is not the case, then the sheep will have to be at least one year old. 19. An animal that is blind or more than one third of it's eye sight is lost, or one third or more of it's ear is cut off, or one third or more of it's tail is cut off cannot be used for qurbaani. 20. An animal that is lame and only walks on three feet without placing the fourth foot on the ground or places it's fourth foot on the ground but does not walk with it cannot be used for qurbaani. But if it uses it's fourth foot as a support and walks in a lame fashion, it's qurbaani will be valid. 21. An animal that is extremely frail to such an extent that there is no meat on its bones cannot be used for qurbaani. But if an animal is not so frail and is merely thin by nature, then the qurbaani of such an animal will be valid. However, it is best to use an animal that is strong and healthy. 22. Qurbaani of an animal that has no teeth at all is not permissible. But if a few teeth have fallen off and a major portion of the teeth are still intact, then such an animal will be permissible. 23. Qurbaani of an animal that was born without ears is not permissible. However, if an animal has very small ears, it will be permissible to make qurbaani of it. 24. It is permissible to make qurbaani of an animal that was born without horns or an animal whose horns were broken off. However, if the horns are removed from their roots, such an animal cannot be used for qurbaani. 25. The qurbaani of castrated goats, sheep, etc. is permissible. An animal that is mangy (afflicted with a skin disease) can also be used for qurbaani. However, if this animal has become absolutely frail due to this manginess, then it cannot be used for qurbaani. 189 The giving and receiving of interest are both haraam and therefore both parties are sinful. As for the one who receives more meat, it will not be permissible to even consume that meat. 355 Heavenly Ornaments (Behishi Zewar) 26. If an animal was purchased for qurbaani and later it developed a certain defect whereby qurbaani is not permissible, another animal should be purchased in place of this animal. However, if a poor person upon whom qurbaani was not wajib purchased such an animal, he does not have to purchase another animal. He could use the same animal that he had originally purchased. 27. The meat of qurbaani should be consumed by oneself, it should be given to one's friends and relatives, and also given to the poor and needy. It is best to give at least one third away as charity. One should not give less than one third. However, if a person gives even a very little amount to the poor, there will be no harm in this. 28. The skin of the animal could be given as it is, or one could sell the skin and give the money derived from it as charity. This money should be given to people who are entitled to receive zakaat. Furthermore, the same money that one received for the skin should be given. It is not good for a person to use that money for some other purpose even if he gives that same amount at a later time. However, if he does so, his obligation will be fulfilled. 29. The amount received for the skin cannot be used for the upkeep of a musjid or any other noble deed. It will have to be given in charity. 30.The qurbaani skin could be used for one's personal use, e.g. it could be used to make a water bag, leather socks, musallah, etc. 31. No meat, fat or scraps of meat should be given to those who help in the skinning and cutting of the animal as a form of payment. They should be paid separately for the work which they have done. 32. The strings, ropes, chains, etc. of qurbaani should be given in charity. 33. Qurbaani was not wajib on a person. However, he purchased an animal with the intention of qurbaani. Qurbaani now becomes wajib on him. 34. Qurbaani was wajib on a person. However, he did not make qurbaani so much so that the three days of qurbaani also expired. He should therefore give the value of one goat or sheep in charity. But if he bought a goat and did not sacrifice it within those three days, he should give that very goat as it is in charity. That is, he should give it without slaughtering it. 35. A person took an oath that if a certain work of his is fulfilled, he will make a qurbaani. If his work is fulfilled, qurbaani will become wajib190 on 190 This gurbaani will have to be made during the days of qurbaani. However, if the people of a particular place or region refer to any slaughter as qurbaani and the person who took this oath also meant this general meaning of "slaughter" then in such a case he will not be bound to make it in the days of qurbaani. He could make it at any time during the year. 356 Heavenly Ornaments (Behishi Zewar) him irrespective of whether he is a poor or a rich person. The meat of such a qurbaani will have to be given to the poor. The person cannot consume it himself nor can he give it to any rich people. If he happens to consume some of that meat or gives some to any rich person, he will have to give that same amount in charity again. 36. If a person makes qurbaani on behalf of a dead person out of his own will in order to send the rewards to the deceased person, it will be permissible for this person to consume the meat himself, feed others, and also distribute it to whomsoever he wishes. In other words, he can use it as he would with his own qurbaani. 37. However, if a deceased person had made a bequest that qurbaani be made on his behalf from his wealth, and qurbaani was made according to this wish of his, it will be wajib to give all the meat in charity. 38. If a person is not present and someone makes qurbaani on his behalf without his orders, this qurbaani will not be valid. And if a share was included in an animal on behalf of a person without his orders, the qurbaani of all the other shares will also not be valid. 39. If a person gives his animal to someone to take care of it, this animal does not fall under the ownership of this person who is taking care of it. It remains under the ownership of the original person. Therefore, if a person purchases this animal from the person who is taking care of the animal, the qurbaani will not be valid. If one wishes to purchase such an animal, one should go to the original owner. 40. There are several persons sharing one animal and they do not wish to divide the animal among themselves. Instead, they decide to distribute the entire animal among the poor, friends, relatives, or wish to use it for cooking and feeding. It will be permissible for them to do so. However, if they wish to distribute it amongst themselves, they will have to do so justly and on an equal basis. 41. It is not permissible to give the value of the skin as a form of payment to anyone because it is necessary to give it in charity. 42. It is permissible to give the meat of qurbaani to non-Muslims on condition that it is not given as a form of payment. 43. The qurbaani of a pregnant animal is permissible. If it's young one comes out alive, it will be necessary to slaughter it as well. Aqeeqah 1. When a boy or girl is born to a person, it is preferable to name the child on the seventh day and to make aqeeqah. By making aqeeqah, the child is safeguarded from all types of dangers and calamities. 357 Heavenly Ornaments (Behishi Zewar) 2. The method of aqeeqah is that if a boy is born, two goats or two sheep should be slaughtered. If a girl is born, one goat or one sheep should be slaughtered. Alternatively, if one wishes to take a share in a bull that is being slaughtered for qurbaani, then two shares should be taken for a boy and one share for a girl. Furthermore, the child's head should be shaved, the hair should be weighed, and gold or silver equal to the weight of the hair should be given in charity. If one wishes, saffron could be applied to the child's head. 3. If one does not make the aqeeqah on the seventh day, one should bear in mind the seventh day (when making the aqeeqah in the future).19 The method of calculating the seventh day is that the day that the child is born, aqeeqah should be made the following week but one day before that. For example, if the child is born on a Friday, aqeeqah should be made on the following Thursday. If the child was born on a Thursday, agreqah should be made on the following Wednesday. 4. The custom of slaughtering the animal at the exact time when the barber places his shaving machine on the child's head is nothing but a useless custom. According to the Shariah, it is permissible192 to slaughter the animal either before shaving the head or after. It is not good to insist on following customs that have no basis in the Shariah. 5. The animal that cannot be used for qurbaani cannot be used for aqeeqah as well. If an animal is permissible for qurbaani, it will be permissible for aqeeqah as well. 6. The meat of aqeeqah could be distributed raw, cooked, or it could be prepared as a meal and people could be invited to join in the meal. 7. It is permissible for the parents, grand parents, etc. to consume the meat of aqeeqah. 8. A person does not have sufficient wealth. He therefore makes aqeeqah of only one animal on behalf of his son. There is no harm in doing so. If a person does not make aqeeqah at all, there is no harm in this as well. 191 This means that if a person does not make aqeeqah on the seventh day, he should try and remember the actual day on which the seventh day falls (whether Monday, Tuesday, etc.). When he decides to make the aqeeqah, he should try and make it on that specific day even if it be after several months or years. 192 Although both are permissible, according to Hadrat Ataa' rahmatullahi alayh it is preferable for the head to be shaven before the animal can be slaughtered. 358 Heavenly Ornaments (Behishi Zewar) The Method of Slaughtering an Animal 1. The method of slaughtering an animal is that the animal should be placed on the ground with the face towards the qiblah. The person should take a sharp knife, recite Bismillahi Allahu Akbar and cut the neck of the animal in such a manner that four veins (or passage ways) are cut off. They are: the air passage, the gullet, and the two jugular veins which are on either side of the gullet and the air passage. If only three out of these four are cut, the slaughter will be valid and the animal will be halaal. If only two of the four are cut, the animal will be considered to be dead and it will not be permiss- ible to consume the meat of such an animal. 2. At the time of slaughtering the person intentionally did not take the name of Allah Ta'ala. The animal will be considered to be dead and it will be haraam to consume it. But if a person forgets to take the name of Allah Ta'ala, the animal will be halaal. 3. It is makruh to slaughter an animal with a blunt knife as this causes much suffering to the animal. It is also makruh to begin skinning, cutting, breaking the hands and feet of the animal before it can become cold (meaning, before it can become lifeless). Similarly, it is makruh to continue cutting the animal's neck after having cut the four passage ways. 4. At the time of slaughtering a fowl, it's entire neck got cut off. It is permissible to eat such a fowl, and not makruh. However, it is makruh to slaughter the fowl in such a manner, although consuming it is not makruh. 5. 'Slaughtering of an animal by a Muslim is permissible under any condition. This is irrespective of whether the Muslim is a male, a female, in a state of purity or in a state of impurity. In all conditions, an animal slaughtered by a Muslim is halaal. An animal slaughtered by a non-Muslim is haraam. 6. It is permissible to slaughter an animal with any sharp object such as a sharp stone, a sharp cane, a sharp bamboo, etc. HAJJ If a person has wealth which is over and above his basic necessities and which will be sufficient for him to make the onward and return journey for hajj, then hajj becomes fard upon him. There are great virtues in perform- ing hajj. Rasulullah sallallahu alayhi wa sallam said: "There is nothing in 359 Heavenly Ornaments (Behishi Zewar) return for a hajj that is free of sins and evils except paradise." Similarly, great rewards have been mentioned for performing umrah. Rasulullah sallallahu alayhi wa sallam said: "Hajj and umrah wipe out sins just as a furnace removes the rust that has settled on steel." Severe warnings have been mentioned with regard to the one who does not perform his hajj despite it being fard upon him. Rasulullah sallallahu alayhi wa sallam said: "The person who has food, drink, and the means of transportation in order to undertake the journey of hajj and still does not go - Allah Ta'ala has no concern if the person dies as a Jew or a Christian." He has also said that the abandoning of hajj is not the way of Islam. 1. Hajj is fard at least once in a life time. If a person performs the hajj several times, the first one will be regarded as fard and the rest will be regarded as nafl hajj. There is also great reward in offering nafl hajj. 2. Hajj that is offered before one can reach the age of maturity is not considered.193 If a person is rich, hajj will become fard upon him once he reaches the age of maturity. The hajj that he performed before maturity will be regarded as nafl hajj. 3. Hajj is not fard on a blind person irrespective of how rich he may be. 4. Once hajj becomes fard on a person, it becomes wajib on him to go for hajj in that very year. It is not permissible to delay in performing the hajj without a valid reason. It is also not permissible for a person to think that he is still young and that there is still plenty of time to perform the hajj. If a person delays in performing his hajj and performs it after a few years, his fard duty will be fulfilled but he will still be regarded as a sinner. 5. If a woman is going on hajj, it is necessary for her to be accompanied by her husband or some other mahram. It is not permissible for her to go on hajj without a mahram. However, if a woman lives within 77 kilometres of Makkah, it is not necessary for her to go with her husband or a mahram. 6. If the mahram has not reached the age of maturity, or he is so irreligious that he cannot even be trusted with his mother, sister, etc. it will not be permissible to travel with such a mahram as well. 7. Once a woman finds a reliable mahram, her husband cannot prevent her from going on hajj. Even if he prevents her from going, she should not pay any heed to him and she should continue on her journey. 193 In other words, the fard will not be fulfilled. This does not mean that the person will not be rewarded. In fact, there is a great reward for offering nafl hajj. 360 Heavenly Ornaments (Behishi Zewar) 8. A girl who is on the verge of reaching the age of maturity cannot go for hajj without a shar'ee mahram. She cannot even go alone. 9. If a mahram takes a woman for her hajj, all his expenses will have to be borne by the woman. It is wajib upon her to pay him for all his expenses. 10. If a woman cannot find a suitable mahram throughout her life, she will not be sinful for not performing her hajj. However, at the time of her death it is wajib on her to make a bequest that hajj be performed on her behalf. After her death, her inheritors should find someone to perform the hajj on her behalf. The expenses for this hajj should be paid from the money that she left behind. In this way she will be absolved of the duty of performing hajj. This type of hajj is known as hajj-e-badal. 11. If hajj was fard on a person but he delayed performing it until such a time that he became blind or became so sick that he is unable to undertake the journey, then he will also have to make a bequest for hajj-e-badal. 12. If a person dies, leaving behind so much of wealth that after paying all his debts, there is sufficient money to pay for the hajj-e-badal from one third of his wealth, then it is wajib on the inheritors to fulfill his bequest for hajj-e-badal. But if the money is so little that hajj-e-badal cannot be made from one third of his wealth, then the person's relatives 194 should not undertake to have the hajj performed. The inheritors could also take the entire one third for the purpose of hajj-e-badal and supply the balance of the money from their own side so that the hajj-e-badal could be made. In other words, they should not give more than one third from the wealth of the deceased person. However, if all the inheritors happily agree to give their share of the inheritance for the performance of hajj-e-badal, it will be permissible to use more than one third of the wealth of the deceased. However, the permission of immature inheritors is not considered in the Shariah. Therefore, no money should be taken from their share. 13. A person made a bequest for hajj-e-badal and thereafter passed away. However, the wealth that he left behind was very little and hajj-e-badal could not be made from the one third. In addition to this, the inheritors 194 In other words, the inheritors should not have the hajj performed from that city or town where they live. Instead, they should have the hajj performed from such a place whereby the one third wealth which the deceased left behind will be sufficient. For example, the wealth which the deceased had bequested for the hajj is sufficient for the performance of hajj from Jeddah and not from South Africa. In such a case the inheritors should give that amount of money to a person who is going for hajj from South Africa and thereafter organize with someone in Jeddah to perform the hajj on behalf of the deceased from there. 361 Heavenly Ornaments (Behishi Zewar) refused to forego their shares in order for the hajj-e-badal to be performed. Bearing all this in mind, if the hajj is not performed, there will be no sin on the deceased. 14. The same rule applies to all bequests. If a person had many fasts to keep, many salaats to make qada of or some zakaat to be given, he therefore made a bequest for all this and passed away, then all these payments will have to be made from the one third. It is not permissible to use more than one third without the permission of all the inheritors. 15. If a person did not make a bequest for hajj-e-badal, it will not be permissible to do so by using the money which he had left behind. But if all the inheritors agree to this, it will be permissible. Insha Allah, the obligation of hajj will be fulfilled. But it should be borne in mind that the permission of an immature inheritor is not considered. 16. If a woman is in her iddah19, she cannot go for hajj. 17. If a person has sufficient funds for the onward and return journey to Makkah but not sufficient enough to visit Madinah as well, hajj will still be fard upon him. Many are of the incorrect opinion that as long as you do not have sufficient funds to go to Madinah as well, hajj does not become fard. This notion is absolutely wrong. 18. When a woman is in her ihraam, she cannot cover her face in such a way that the piece of cloth touches her face. These days, a latticed screen or fan is available for this purpose. It should be tied to the face with the screen in line with the eyes and with the burqah worn loosely above it. This is permissible. 19. The rules and regulations of hajj cannot be understood and remembered without really going on hajj. On going for hajj, one is taught all the rites of hajj, etc. We therefore do not feel it necessary to enumerate these rules and regulations. Similarly, the method of performing umrah can be learnt by going to Makkah. The Visit to Madinah If it is possible, a person should go to Madinah and visit the blessed grave of Rasulullah sallallahu alayhi wa sallam and the Musjid-e-Nabawi. This could be done before or after performing hajj. With regard to visiting 195 This is irrespective of whether the iddah is because of the death of her husband or because of divorce. 362 Heavenly Ornaments (Behishi Zewar) Madinah, Rasulullah sallallahu alayhi wa sallam has said: "The person who visits me after my demise will receive the same blessings as the person who visited me during my lifetime." Rasulullah sallallahu alayhi wa sallam also said: "The person who goes for hajj and does not visit me has demonstrated great impoliteness towards me." With regard to Musjid-e-Nabawi, Rasulullah sallallahu alayhi wa sallam has said: "The person who offers one salaat in it shall get the reward of offering 50 000 salaats." May Allah Ta'ala bless us with this opportunity and may He grant us the success to carry out good and pious deeds. Aameen. VOWS 1. A person takes a vow that if a certain wish or work of his is fulfilled, he will undertake to carry out a certain act of ibaadah. Once this wish or work of his is fulfilled, it will be wajib upon him to carry out the act of ibaadah which he had vowed to carry out. If he does not fulfil this vow, he will be committing a great sin. However, if a person takes a useless vow which has no basis in the Shariah, it will not be wajib on him to fulfil such a vow. Vows of this sort will be mentioned later. 2. A person says: "O Allah! If a certain task is fulfilled, I will keep five fasts for Your pleasure." Once this task of his is fulfilled, he will have to keep these five fasts. But if the task is not fulfilled, he will not have to keep these fasts. If the person merely said that he will keep five fasts, he has the choice of keeping them continuously one after the other, or of keeping them separately. But if he said that he will keep five fasts continuously or had this intention in his heart, he will have to keep them one after the other. If he misses out one or two fasts in between, he will have to start all over again. 3. If the person says that he will fast on Friday or that he will fast from the 1st till the 10th of Muharram, then it is not necessary for him to fast specifically on a Friday or specifically on those days of Muharram. He could keep these 10 fasts whenever he wishes irrespective of whether he keeps them in Muharram or in any other month. The only condition is that he should keep them continuously. Similarly, if he says: "If this work of mine is fulfilled today, I will fast tomorrow", he has the choice of fasting whenever he wishes. 4. While taking a vow, a person said: "I will keep the fasts of the month of Muharram." He will now have to keep fasting continuously in the entire 363 Heavenly Ornaments (Behishi Zewar) month of Muharram. If he misses a few fasts in between, he will have to keep them after the month of Muharram. He does not have to keep all the fasts all over again. He also has the choice of fasting in any other month. It is not necessary for him to fast in Muharram. The only condition is that he has to keep these fasts continuously without missing any. 5. A person takes a vow that if he finds a certain item which he lost, he will offer eight rakaats of salaat. Upon finding his lost item, he will have to offer eight rakaats of salaat. He has the choice of making the intention of offering all eight rakaats at once, offering four rakaats at a time or offering two rakaats at a time. And if he took a vow of offering four rakaats, then he will have to offer all four with one salaam. If he offers two rakaats at a time, his vow will not be fulfilled. 6. A person took a vow of offering one rakaat. He will have to offer two rakaats. And if he took a vow of offering three rakaats, he will have to offer four rakaats of salaat. And if he took a vow of offering five rakaats, he will have to offer six rakaats. In this way, he will have to continue adding one more rakaat if he vows to offer an odd number of rakaats. 7. A person takes a vow that he will give R10 in charity. He will therefore have to give whatever he has vowed to give. If a person took a vow of giving R50 in charity, and at that time he only had R10, he will only have to give R10. However, if he has some other possessions apart from the R10, we will have to establish the value of the other possessions. For example, a person has R10 in cash and the value of the other possessions equals R15. His total wealth now adds up to R25. He will therefore have to give R25 in charity. It is not wajib on him to give more than this. 8. A person takes a vow that he will feed 1019% poor persons. If he had it in his mind that he will feed them one meal or two meals, he will have to feed them according to what he had intended. But if he did not have anything in his mind, he will have to feed them two meals. If he had taken a vow that he will give them some dry groceries, the same rule as above will apply. That is, if he had it in his mind that he will give each person a certain amount, then he will have to give them that amount. But if he did not specify any amount or did not even have it in his mind, then he will have to give each person the amount that one is required to give as sadaqatul fitr. 196 In this case, if he did not intend 10 persons but rather intended giving food that is normally sufficient for 10 persons, it will be permissible for him to give the food of 10 persons to one person. 364 Heavenly Ornaments (Behishi Zewar) 9. If a person takes a vow that he will give bread to the value of RI, he has the choice of giving the bread, some other food to the value of R1 or he could give R1 in cash. 10. A person took a vow of giving R10 in charity on the basis that he will give 10 poor persons R1 each. However, instead of giving the charity in this manner, he gave R10 to one poor person. This is also permissible. It is not wajib upon him to give R1 to each poor person. It will also be permissible for him to distribute R10 among 20 poor persons. If he takes a vow that he will give R10 to 10 poor persons, he still has the choice of giving 10 persons, less than 10 persons or more than 10 persons. 11. If a person takes a vow that he will feed 10 persons who are regular with their salaat or 10 persons who have memorized the Quran, he can feed 10 poor persons irrespective of whether they are regular with their salaat or not, and irrespective of whether they have memorized the Quran or not. 12. A person takes a vow that he will give R10 as charity in Makkah. It is not wajib on him to give this charity in Makkah, he can give it wherever he wishes. If a person takes a vow that he will give charity on Friday to a particular poor person, it is not necessary for him to give it on Friday or to that particular poor person whom he had in mind. Similarly, if he sets aside some money and vows to give that very money as charity, it is not necessary that he gives exactly that money which he had set aside. He could give some other money as long as the amount is the same. 13. Similarly, if a person takes a vow that he will offer salaat in the jumu'ah musjid or in Makkah, he has the choice of offering his salaat wherever he wishes. 14. A person takes a vow that if his brother is cured, he will slaughter a goat or give the meat of a goat in charity. In such a case, the vow will be valid. If he takes a vow that he will make a qurbaani, he will have to slaughter the goat during the days of qurbaani. In all these cases, the meat will have to be given to the poor. He cannot consume it himself nor can he give it to any rich persons. If he does this, he will have to repeat the charity. 15. A person had taken a vow of making qurbaani of one bull. However, he could not obtain a bull. In such a case, he should slaughter seven goats. 16. A person took a vow that once his brother arrives he will give R10 in charity. However, the moment he heard that his brother is about to arrive (but had not arrived as yet), this person gave R10 in charity. In this case, his vow will not be fulfilled. Once his brother actually arrives, he will have to give R10 again in charity. 365 Heavenly Ornaments (Behishi Zewar) 17. A person takes a vow for the fulfilment of a certain hope or wish. For example, he says: "If I am cured from this sickness, I will do such and such a thing", "If my brother reaches home safely, I will do such and such a thing", "If my father wins the court case or obtains employment, I will do such and such a thing". Once this hope or wish of his is fulfilled, he must fulfil his vow. A person says: "If I speak to you, I will fast for two days", or, "If I do not offer my salaat today, I will give R1 in charity." Thereafter, this person either spoke or did not offer his salaat. In such a case, the person has the choice of either paying the kaffarah " for breaking the vow, fasting for two days or giving RI in charity. 18. A person takes a vow that he will recite durood shareef 1000 times or the kalimah 1000 times. Once his vow is fulfilled, it will be wajib upon him to recite the durood or the kalimah. But if a person takes a vow of reciting Sub'haanallah 1000 times or reciting La hawla wa la quwwata 1000 times, this vow will not be valid and it will not be wajib on him to recite these forms of zikr. 19. A person takes a vow that he will complete 10 recitations of the Quran or complete the recitation of one chapter of the Quran. In both cases the vow will be valid. 20. A person takes a vow that if a certain task of his is fulfilled, he will hold a "meelad" celebration, or that he will go and spread a sheet on the grave of a certain pious person. In both cases, the vow will not be valid. Similarly, if a person vows to make an offering at the grave of a certain saint, to make an offering of sweetmeats in the musjid, to place a lighted lamp in the musjid as an offering or to hold a "giyarweeh" celebration of a certain saint, etc. then in all these cases the vow will not be valid and it will not be wajib to fulfil such vows. 21. Fasting in reverence of Maula Mushkil Kusha198 or to vow to implement the rituals of Konda"" are all baseless customs. Fasting in reverence of Maula Mushkil Kusha amounts to shirk.200 22. A person takes a vow of renovating a certain musjid or building a certain bridge. Vows of this nature are not valid and it is not wajib to fulfil them. 197 Kaffarah for breaking a vow or oath will be mentioned in a later chapter, Insha Allah. 198 An appellation awarded to Hadrat Ali radiallahu anhu by the bid'atees, literally meaning "alleviator of calamities". 199 An offering presented by the groom's party upon arrival at the bride's residence. 200 It is also shirk to vow to implement the rituals of Konda. 366 Heavenly Ornaments (Behishi Zewar) 23. A person takes a vow that if his brother recovers from his sickness, he will organize a dance or a music show. Taking a vow of this sort is sinful and it will not be permissible to fulfil it once his brother recovers from his sickness. 24. It is not permissible to take a vow in the name of anyone other than Allah Ta'ala. For example, a person says to his spiritual guide: "If a certain task of mine is fulfilled, I will do such and such a thing for you", or a person goes to graves, or places that are inhabited by jinns and makes cer- tain requests over there. All these acts are haraam and constitute shirk. In fact, it is even haraam to consume the food that has been prepared for such acts. As regards women visiting graves, strict prohibitions in this regard have been mentioned in the Hadith. Rasulullah sallallahu alayhi wa sallam has cursed such women. OATHS 1. It is an evil habit to take an oath over trivial matters unnecessarily. In doing this, great disrespect is shown to the name of Allah Ta'ala. As far as possible, an oath should not even be taken on things that are true. 2. If a person takes an oath in the name of Allah by saying: "I swear by Allah", "I swear by God", "I swear by the power of Allah", or "I swear by the greatness of Allah", the oath will be considered. It will not be permissible to go contrary to the oath. If the name of Allah Ta'ala is not taken, and one merely says: "I take an oath that I will not do such and such work", the oath will still be considered. 3. The oath will also be considered if the person says: "Allah is a witness", "I am making Allah a witness and saying this", or "I am saying this bearing in mind that Allah Ta'ala is present and listening to what I am saying". 4. An oath will also be considered if a person says: "I swear on the Quran", "I swear by the word of Allah", or "I swear by the kalaam-e-majeed". If the person takes the Quran in his hand or places his hand on the Quran and says something but does not take an oath, an oath will not be considered. 5. A person says: "If I carry out a certain act, I will die without Imaan", or "at the time of death I will not be blessed with Imaan". Alternatively, he says: "If I carry out a certain act, I am not a Muslim." In all these cases, the oath will be considered. If he does anything contrary to the oath, he will have to give kaffarah. However, he will not lose his Imaan. 201 201 Although one will not lose one's Imaan, one should abstain from taking oaths of this sort. Under no circumstances should one take such oaths. 367 Heavenly Ornaments (Behishi Zewar) 6. The following oaths are not considered, nor is kaffarah necessary. For example, a person says: "If I carry out a certain act, my hands must break", "my eyes must burst", "I must be afflicted by leprosy", "my entire body must disintegrate", "the anger of Allah Ta'ala must descend", "the skies must be rendered asunder", "I must become an absolute pauper", "the punishment of Allah must descend", "the curse of Allah must fall on me", "If I carry out a certain act, I will eat pork", "at the time of death, I will not be able to recite the kalimah"202, "on the day of judgement, I will be ashamed in the presence of Allah and His Rasul sallallahu alayhi wa sallam". 7. An oath that is taken in the name of anyone other than Allah Ta'ala is not considered. For example, taking an oath in the name of Rasulullah sallallahu alayhi wa sallam, in the name of the Ka'bah, one's eyes, one's youth, one's limbs, one's father, one's children, one's beloved ones, one's head, one's life, taking an oath in the name of the person who is being addressed, an oath in one's own name. Oaths of this sort are not considered. Acting contrary to them does not make kaffarah necessary. However, it is a major sin to take an oath in the name of anyone other than Allah Ta'ala. Many prohibitions are mentioned in this regard in the Hadith. To take an oath in the name of anyone other than Allah Ta'ala is an act of shirk203. One should abstain from taking oaths in the name of anyone other than Allah Ta'ala. 8. A person says: "The food of your house is haraam upon me" or "I have made a certain thing haraam upon myself". By his saying this, that thing will not become haraam upon him. However, this oath is considered. If he eats that thing, he will have to give kaffarah. 9. By someone else taking an oath on you, the oath is not considered. For example, a person tells you: "I swear by Allah that you have to do this work!" This oath is not considered and one can act contrary to it. 202 The meaning of this is that at the time of death the person will die with Imaan, but will not be blessed with the opportunity of reciting the kalimah. Because it is a great thing to be blessed with the recitation of the kalimah at the time of death. However, if in any place, this statement is regarded as a negation of Imaan or that the person dies without Imaan, then the rule that has been mentioned in No.5. will also apply here. That is, the oath will be considered and if the person acts contrary to his oath, he will have to pay kaffarah. 203 This refers to minor shirk and does not refer to shirk which will never be forgiven. A person who takes an oath in the name of anyone other than Allah Ta'ala will not be considered to be out of the fold of Islam nor will his marriage be invalidated. 368 Heavenly Ornaments (Behishi Zewar) 10. An oath is not considered if "Insha Allah" is said together with the oath, e.g. a person says: "I swear by Allah that Insha Allah I will not do that work." This oath will not be considered. 11. It is a major sin to take a false oath on something that has already been done or passed. For example, a person did not offer his salaat but when he was asked about it, he said: "I swear by Allah that I have offered my salaat." Or, a person broke a tumbler and when asked about it he swears by Allah that he did not break it. There is no limit to the punishment that one will receive for taking a false oath intentionally. Nor is there any kaffarah for such a false oath. The only thing that a person can do is to continuously repent to Allah Ta'ala and seek His forgiveness. If a person takes a false oath mistakenly or due to some misunderstanding, it will be forgiven. There will be no kaffarah on such a false oath. For example, a person says: "I swear by Allah that so and so person has not arrived as yet", and in his heart this person had the full conviction that this oath which he is taking is a true oath. Only later did he learn that at the time of taking the oath, that person had already arrived. Such a false oath will be forgiven and there is no kaffarah. 12. If an oath is taken for something that has not occurred as yet and would take place in the future, then if something contrary to this oath occurs, kaffarah will have to be given. For example, a person says: "I swear by Allah that it will rain today" or "that my brother will arrive today". If it does not rain today or his brother does not arrive today, kaffarah will have to be paid. 13. A person says: "I swear by Allah that I will recite the Quran today." It now becomes wajib on the person to recite the Quran. If he does not do so, he will be sinning and he will also have to pay kaffarah. A person says: "I swear by Allah that I will not do such and such work today." It will not be permissible for him to do that work. If he does it, he will have to pay kaffarah. 14. A person takes an oath of committing a sin. For example, he says: "I swear by Allah that I will steal a certain item from a certain person", "I swear by Allah that I will not offer my salaat today" or "I swear by Allah that I will never speak to my parents". If a person takes oaths of this nature, it will be wajib upon him to break them and thereafter to pay kaffarah as well. If he does not do so, he will be sinning. 369 Heavenly Ornaments (Behishi Zewar) 15. A person takes an oath that he will not eat a certain thing today. Thereafter, he forgetfully ate that thing and did not remember that he had taken an oath not to eat it. Alternatively, someone forced that thing into his mouth and forced him to eat it. In both cases, he will have to pay kaffarah. 16. In anger, a person takes an oath and says: "I will not give you a single thing." Thereafter, he gives the person one cent or one rand204. Even then the oath will be broken and kaffarah will have to be paid. Paying Kaffarah on Breaking an Oath 1. If a person breaks his oath, he will have to pay a kaffarah which comprises feeding 10 persons with two meals each. Alternatively, he could give dry groceries to each poor person. When giving wheat, he should give approximately one and half to two kilos. When giving barley, he should give approximately three to four kilos. For the rest of the details connected to feeding the poor refer to the chapter on kaffarah for fasting. This has been mentioned previously. Alternatively, he could give some clothing to 10 poor persons. The clothing must be such that it can cover a major portion of the poor person's body. For example, if he gives a sheet or a long kurta, the kaffarah will be fulfilled. However, this clothing that he gives should not be very old. If each poor person is given a lungi" :205 or a pants, the kaffarah will not be fulfilled. But if he gives a kurtah with it as well, the kaffarah will be fulfilled. A person has the choice of either giving food or clothing. The kaffarah will be fulfilled with any one of the two. The above-mentioned rule regarding clothing is only applicable if the clothing is given to a man. If clothing is given to a poor woman, it must be such that her entire body is covered and she is able to offer salaat with that clothing. If the clothing is less than this, the kaffarah will not be fulfilled. 2. If a person is poor and is therefore unable to feed or clothe 10 poor people, he will have to fast for three days consecutively. If he does not fast consecutively for three days, and instead misses a fast or two in between, the kaffarah will not be fulfilled. If a person fasts for two days, and misses 204 One cent and one rand has been mentioned to illustrate that kaffarah will have to be paid irrespective of how meagre or little that thing may be. 205 A type of sheet wrapped around the waist and legs. 370 Heavenly Ornaments (Behishi Zewar) a fast on the third day for some reason or the other, he will have to recommence fasting. The first two fasts will not be considered. 3. Prior to breaking his oath, a person gave the kaffarah. After giving the kaffarah, he broke his oath. The kaffarah which he had given will not be valid. After breaking his oath, he will have to give kaffarah again. Whatever he had given to the poor persons prior to breaking his oath cannot be taken back from them. 4. A person took an oath several times. For example, he said: "I swear by Allah that I will not do that work." Later, he repeats200 the same oath irrespective of whether he repeats it on the same day, the next day or even on the third day. Alternatively, he says: "I swear by God, I swear by Allah, I swear by the Quran that I will definitely do that work." Thereafter, this person breaks this oath of his. He will only have to give one kaffarah for all these oaths. 5. A person had taken several oaths and therefore had to give several kaffarahs. According to the preferred opinion, he will have to give a separate kaffarah for each oath that he had taken. If the person does not give it during his lifetime, it will be wajib upon him to make a bequest in this regard before he leaves this world. 6. The food or clothing that is given as kaffarah will have to be given to those poor persons who are eligible to receive zakaat. Oaths Related to Entering a House 1. A person took an oath that he will never enter your house. Thereafter, he stood on the porch or below the balcony of your house without actually entering the house. His oath will not be broken. However, the moment he enters through the door, his oath will break. 2. A person took an oath that he will not enter a particular house. Thereafter, when that house became completely delapidated and ruined, he entered it. His oath will break. But if that house was completely flattened to such an extent that there are no traces of it, or it has been turned into an 206 That is, he took several oaths on not doing one type of work and all these oaths were taken in order to emphasize his first oath. In other words, he did not intend taking a new oath. In such a case he will only have to give kaffarah once. However, if the person intended taking another oath or had no intention at all, then it will be wajib to give a separate kaffarah for each oath that he takes. 371 Heavenly Ornaments (Behishi Zewar) orchard, or a musjid has been constructed in its place, or it has been turned into a farm and thereafter he entered it, his oath will not be broken. 3. A person took an oath that he will not enter a particular house. Thereafter, it was ruined and reconstructed. If he enters the house, his oath will break. 4. A person took an oath that he will not enter your house. He then landed onto your roof by jumping from the upper storey of the house next door. By him standing on your roof, his oath will break. This is even if he does not come down into your house. 5. While a person was sitting in a house, he said: "Now I will never come to this house." After taking this oath, he continued sitting there for a little while. His oath will not break irrespective of how many days he may remain in that house. But the moment he goes outside and then enters the house, his oath will break. If a person takes an oath that he will not wear these clothes (i.e. the clothes that he is presently wearing) and immediately thereafter he removes them, his oath will not break. But if he does not remove them immediately and continues wearing them for some time, his oath will break. 6. A person takes an oath that he will not live in this house any longer. Immediately thereafter, he begins with preparations to leave that house. His oath will not break. But if he waits for a little while and does not commence with his preparations immediately, his oath will break. 7. A person takes an oath that he will not set foot in your house. This means that he will not enter your house. If he enters your house while being carried in a carriage and remains sitting in it and does not place his foot onto the ground, even then his oath will break. 8. A person took an oath and said that he will definitely come to your house at some time or the other. However, he never got the opportunity of coming to your house. As long as he is alive, his oath will not break. The moment he is about to die, his oath will break. He should therefore make a bequest that the kaffarah for breaking an oath should be given from his wealth. 9. A person says that he will not go to the house of a certain person20. This person should not go to the house in which that person is living irrespective of whether it is that person's own house, whether he has taken it on rent or whether he has borrowed it from someone. 207 In saying this, the person intended that he will not enter the house which belongs to a certain person. Even then, the rules that have been mentioned will be applicable.