She aborted the foetus in the first month because she hates her husband

My wife has a friend who is newly married. It was not written for this marriage to continue. After some time both husband and wife decided to have divorce. Before they separated they found out that the wife is one month pregnant. The wife, may Allah guide her, aborted the fetus intentionally saying that she does not want to have any form of relationship with her husband anymore. She does not suffer from any illness, and her husband is a moral man. When the husband found out what his wife did, he divorced her and told her that he is dissatisfied with what she did and he will never forgive her. 
What is the ruling on what she did?
What is the expiation for it?
And what should be done with her?.

Praise be to Allaah.

The fuqaha’ differed concerning the ruling on abortion before forty days of pregnancy and before the soul has been breathed into the foetus. A number of Hanafis and Shaafa’is, and some Hanbalis, are of the view that it is permissible. Ibn al-Humaam said in Fath al-Qadeer (3/401): Is it permissible to abort after becoming pregnant? It is permissible so long as it has not yet taken on a shape. Elsewhere they said: And that can only be after one hundred and twenty days, which implies that what they meant by taking on a shape was the breathing in of the soul, otherwise it is does not make sense, because the taking on a shape visibly occurs before that. End quote.  

Al-Ramli said in Nihaayat al-Muhtaaj (8/443): The correct view is that it is haraam after the soul has been breathed in in all cases, and it is permissible before that. 

In Haashiyat al-Qalyoobi (4/160) it says: yes, it is permissible to abort it even by using medicine before the soul is breathed into it, contrary to the opinion of al-Ghazaali. 

Al-Mardaawi said in al-Insaaf (1/386): It is permissible to take medicine to abort the nutfah. This was stated in al-Wajeez, and before that in al-Furoo’. Ibn al-Jawzi said in Ahkaam al-Nisa’: It is haraam. It says in al-Furoo’: The apparent meaning of the words of Ibn ‘Aqeel in al-Funoon is that it is permissible to abort it before the soul is breathed into it and he said: He has a point. End quote. 

The Maalikis are of the view that it is not permissible at all, and this is the view of some of the Hanafis and some of the Shaafa’is and some of the Hanbalis. Al-Dardeer said in al-Sharh al-Kabeer (2/266): It is not permissible to expel maniy (semen) that has settled in the uterus even before forty days, and once the soul has been breathed into it, it is haraam according to consensus. 

This view was favoured by the Council of Senior Scholars. It says in a statement issued by the Council: 

1-    It is not permissible to abort pregnancy at any stage except for a legitimate shar’i reason within very strict limits.

2-    If the pregnancy is in the first stage, which is forty days, and aborting it will serve a shar’i interest or ward off harm, it is permissible to abort it. As for aborting it at this stage for fear of hardship in raising children or for fear of being unable to afford their maintenance and education, or because of fears concerning their future or because the couple feel that they have enough children, that is not permissible. End quote. 

Secondly: 

According to both views – that it is permissible or that it is haraam – this wife has done something haraam because she did that without her husband’s permission or approval. So she has to repent to Allaah and regret what she has done, but she does not have to offer any expiation. 

And Allaah knows best.

Accepting diyah (blood money) instead of qisaas (retaliation) in the case of deliberate killing

Can diyah be accepted in the case of deliberate killing? Can the killer be set free?.

Praise be to Allaah.

Allaah, may He be exalted, says (interpretation of the meaning): 

“O you who believe! Al-Qisaas (the Law of Equality in punishment) is prescribed for you in case of murder: the free for the free, the slave for the slave, and the female for the female. But if the killer is forgiven by the brother (or the relatives) of the killed against blood money, then adhering to it with fairness and payment of the blood money to the heir should be made in fairness. This is an alleviation and a mercy from your Lord. So after this whoever transgresses the limits (i.e. kills the killer after taking the blood money), he shall have a painful torment”

[al-Baqarah 2:178]. 

The great scholar ‘Abd al-Rahmaan al-Sa’di said in his Tafseer: Allaah reminds His believing slaves that He has enjoined qisaas upon them in the case of murder, i.e., there should be equal recompense in that, and that the killer should be killed in the way in which he killed his victim, so as to establish justice and fairness among people. End quote. 

Qisaas by killing the killer can only be in cases of deliberate killing, according to scholarly consensus. Ibn Qudaamah said in al-Mughni (8/214): The scholars are unanimously agreed that qisaas is not required except in the case of deliberate killing, and we do not know of any difference of opinion with regard to qisaas being required for deliberate killing if all conditions are met. This is indicated by the general meaning of the verses and reports. Allaah says (interpretation of the meaning):  

“And whoever is killed wrongfully (Mazlooman intentionally with hostility and oppression and not by mistake), We have given his heir the authority [to demand Qisaas, __Law of Equality in punishment __or to forgive, or to take Diyah (blood money)]. But let him not exceed limits in the matter of taking life (i.e. he should not kill except the killer)” [al-Isra’ 17:33] 

“Al-Qisaas (the Law of Equality in punishment) is prescribed for you in case of murder”

[al-Baqarah 2:178] 

“And there is (a saving of) life for you in Al-Qisaas”

[al-Baqarah 2:179] 

What is meant – and Allaah knows best – is that the requirement of qisaas deters the one who wants to kill from doing do, out of compassion towards himself so that he will not killed, and so that the one whom he wanted to kill will remain alive. And it was said that the killer would generate enmity between himself and the tribe of the one whom he killed, so he wants to kill them for fear of them and they want to kill him and his tribe in revenge. If he is executed as a punishment according to sharee’ah, that will prevent the reason for fighting between the two tribes. And Allaah says (interpretation of the meaning): 

“And We ordained therein for them: Life for life, eye for eye”

[al-Maa’idah 5:45]. 

The Prophet (peace and blessings of Allaah be upon him) said: “If a person’s relative is killed, he has the choice of two options: either (the killer) may be killed or the fidyah (ransom, blood money) may be paid.” Agreed upon. Abu Shurayh al-Khuzaa’i said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever is killed or is wounded, has the choice of three things, and if he wants the fourth then restrain him. He may kill (the killer), or forgive him, or take the diyah (blood money). Narrated by Abu Dawood. According to another version: “Whoever has a relative killed after what I have said, his family has two options: to accept the diyah or kill (the killer).” And he (peace and blessings of Allaah be upon him) said: “There is qisaas for deliberate killing, unless the heir of the slain lets him off.” End quote. 

There was no difference of opinion among the scholars that it is valid for the heirs of the victim to forego qisaas and accept the diyah. This is what is indicated by the ahaadeeth quoted above. 

In that case, the killer may be set free and he should be obliged to pay the diyah. 

And Allaah knows best.

Islam Q&A

Can a person who kills another accidentally inherit from the deceased?

A man killed his brother by accident; can he inherit from him or not?.

Praise be to Allaah.

The one who kills another deliberately cannot inherit from the deceased. This is a point on which there is scholarly consensus, because of the hadeeth of Abu Hurayrah (may Allaah be pleased with him) who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The killer does not inherit.” Narrated by al-Tirmidhi (2109); classed as saheeh by al-Albaani in Saheeh al-Tirmidhi (1713). Al-Tirmidhi said: This hadeeth is what the scholars follow: the killer does not inherit, whether the killing was deliberate or accidental. Some of them said: If the killing was accidental, then he may inherit; this is the view of Maalik. End quote. 

As for the one who kills by accident, there is a difference of scholarly opinion. Some of the scholars thought it most likely that he may inherit from the deceased, but he may not inherit any of the diyah (blood money) – in a case where he paid blood money – rather he may inherit from the rest of his estate. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: The most correct view with regard to the issue of killing is that if the heir deliberately and indubitably killed the one from whom he would inherit, then he does not inherit. If it was an accident then he may inherit, but can he inherit any of the diyah which he will pay? He does not inherit any of it, because the diyah is a penalty that he must pay, and it says in a hadeeth narrated by Ibn Majaah: “He may inherit from his original wealth” meaning what he owned before; so he may inherit from his wealth, not from the diyah. End quote from al-Sharh al-Mumti’ (11/321).

He ordered the zaani to marry the zaaniyah and abort the foetus; what should he do?

My father advised his nephew to abort the foetus he bore with a woman as result of adultery. She was about two months pregnant then. They aborted the foetus then he divorced her.  
The question: is my father sinful of advising to kill that foetus while he knew it is abhorrent to do so, but he feared it causes shame to the whole family? 
I reminded my father of this incident and he admitted his mistake and is regretful for it. He does not know what to do or how to expiate for this sin. Is he considered the killer of the foetus as he forced his nephew to make his wife abort the foetus? 
Please bear in mind that my father is a diabetic old man and suffering from hypertension and stroke. He cannot fast if the expiation is fasting.

Praise be to Allaah.

Firstly: 

If the pregnant woman aborts the foetus by taking medicine and the like, after four months of pregnancy, then the diyah must be paid according to scholarly consensus, and expiation must be offered according to some of them. 

The diyah in this case is a male or female slave; if that is not possible then the equivalent value in camels must be given, namely five, because the diyah of the foetus is one tenth of the diyah of his mother, and it is well known that the diyah of a free Muslim woman is fifty camels, so the diyah of the foetus is five camels. 

This diyah must be paid by everyone who was directly involved in aborting the foetus; that includes the doctor and the woman if she took medicine to help with the abortion; the diyah must be paid to the heirs of the foetus, except that the killer does not take any of it. 

The evidence for that is the report narrated by al-Bukhaari (6910) and Muslim (1681) from Abu Hurayrah (may Allaah be pleased with him), who said: Two women from Hudhayl fought and one of them threw a rock at the other and killed her and the child in her womb. They referred the matter to the Messenger of Allaah (peace and blessings of Allaah be upon him) and he ruled that the diyah for her foetus was a slave, male or female, and he ruled that the diyah for the woman be paid by her (the killer’s) ‘aaqilah [the relatives who must pay the ‘aql or diyah (blood money), i.e., the male relatives on the father’s side]. 

With regard to the kafaarah or expiation, the Shaafa’is and Hanbalis are of the view that it must be offered. 

The expiation for killing is to free a slave, and if that is not possible, to fast for two consecutive months. 

If the abortion took place before four months of pregnancy, then it is haraam, as has previously been explained in the answer to question no. 42321, but no expiation or diyah is required, because the soul had not been breathed into it. 

Secondly: 

If this incident involved one who issued instructions and one who actually did the deed, such as a man who ordered the doctor to carry out the abortion, or who ordered the woman to take medicine, then the liability (diyah and expiation) is borne by the one who actually did it, not the one who ordered him. See Mataalib Ooli al-Nuha (6/50). 

Thus it is clear that your father does not have to do anything but repent, because suggesting and ordering someone to have an abortion is obviously an evil deed, so he has to repent to Allaah, regret what he did and do a lot of righteous deeds such as giving charity and so on, in the hope that Allaah will accept his repentance. Allaah says (interpretation of the meaning):  

“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”

[Ta-Ha 20:82] 

And Allaah knows best.

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His car hit a hole that contained a mine and his daughter and wife died

I am a doctor from Iraq. I took my wife and my only daughter to visit her family, and on our way back we were in my car, and I hit a hole containing a mine which caused the car to roll over and I lost consciousness because of bleeding in the brain. As for my daughter, they said that she died less than one hour after the accident, and my wife died approximately 10 hours afterwards, as they say. I hope that you can explain to me the following matters: 
1. Am I regarded as having killed my wife and daughter?
2. What are the consequences for me of this matter and what is my situation with regard to inheritance?.

Praise be to Allaah.

Firstly: 

We ask Allaah to reward you for your calamity and to compensate you with something better; and we ask Him to purify the land of Iraq -- and all the Muslim lands -- of sinful aggressors and to grant victory to His close friends and to humiliate His enemies, for He is able to do that. 

Secondly: 

If you were driving at a speed at which you were able to control the car and you were not able to avoid this hole, then there is no blame on you because you were not negligent, and you do not have to offer expiation or pay blood money. 

But if you were driving at excessive speed, at which you could not control the car, then you have to offer two counts of blood money and two expiations for accidental killing of your wife and daughter, because you made a mistake and caused their death.  

The main issue is whether or not you were negligent, and negligence may mean excessive speed, not paying attention to the state of your brakes and tires, staying up too late and not sleeping, and other things that may have been the cause of the accident. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said in his essay Ahkaam Hawaadith al-Sayyaaraat: If the driver of the car does something intending to escape danger, for example if he is faced with something that he fears will harm him in a crash, or someone comes out from the right or the left in such a way that he cannot stop, so he swerves to avoid danger and an accident occurs, or he suddenly sees a deep hole in front of him and he swerves to avoid it and an accident occurs -- in these cases there are no consequences such as requiring expiation or compensation, because he acted responsibly and did what was required of him of trying to avoid danger, so he is in the right  and “No ground (of complaint) can there be against the Muhsinoon (good-doers)” [al-Tawbah 9:91]. 

Thirdly: 

If there was negligence, then the one who was negligent is obliged to do two things: to pay blood money and offer expiation for each one who died. But if the heirs waive the blood money, he is no longer obliged to pay it; as for expiation, it cannot be waived. 

The heirs do not have the right to waive the blood money if the slain person owed debts or if he has heirs who are minors; rather his debts should be paid from the blood money. An heir who is an adult of sound mind may give up his share of the blood money if he wishes, but for the minors their share remains due. See: al-Sharh al-Mumti’ (11/321): 

The expiation for killing is freeing a slave; if that is not possible then it is to fast two consecutive months, because Allaah says (interpretation of the meaning): “and whosoever kills a believer by mistake, (it is ordained that) he must set free a believing slave and a compensation (blood money, i.e. Diya) be given to the deceased’s family unless they remit it.” Then He says:  “And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allaah” [al-Nisa’ 4:92].

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He prayed for three years without doing ghusl from janaabah

When I reached the age of puberty, I did not know that ghusl was essential after having a wet dream. I stayed like that for three years, after which I learned that ghusl is obligatory. My question is, what do I have to do with regard to the prayers that I did during this period? Do I have to make them up?

Praise be to Allaah.

When you find some semen in your clothes, you should do ghusl even if you do not remember having an erotic dream. When the Muslim wakes up and find some wetness – i.e., the traces of semen – on his clothes or on his thighs, or in the place where he was sleeping, he has to do ghusl even if he does not remember seeing an erotic dream. He has to do this because this emission of semen makes ghusl obligatory, regardless of whether he remembers the dream or not. If he remembers seeing an erotic dream but nothing came out of him, such as if you were to say that you dreamt that you were having intercourse with a woman, but when you woke up you found no trace of semen on your clothes or your body or the place where you were sleeping – do you have to do ghusl? In this case, ghusl is not obligatory, so long as there was no semen, even if you did have an erotic dream. Ghusl is connected to whether there is any semen emitted.

With regard to what you say about praying without doing ghusl for janaabah for three years, you and people in similar situations have to ask questions. Allaah says (interpretation of the meaning):

  “So ask of those who know the Scripture, if you know not.”

[al-Nahl 16:43].

  You have no excuse before Allaah, for He has given you good health and a sound mind, and He has commanded you to ask. It is not permissible for you to worship Allaah in ignorance and misguidance. Worshipping Allaah in ignorance and misguidance is the way of the Christians. Do you not recite Soorat al-Faatihah every day in your prayers?

  “Guide us to the Straight Way

The way of those on whom You have bestowed Your Grace, not (the way) of those who earned Your Anger, nor of those who went astray

[al-Faatihah 1:6-7 – interpretation of the meaning]

  Those who have earned Allaah’s anger are the Jews, who have knowledge but do not act upon it, and those who went astray are the Christians, who worship Allaah in ignorance and misguidance. So if the Muslim worships Allaah in ignorance and misguidance, he is one of those who have gone astray. One of the scholars said: whoever among our scholars becomes corrupt is like the Jews, and whoever among our worshippers becomes corrupt is like the Christians. So you have to fear Allaah and remember that He is always watching. Do lots of naafil prayers. Some scholars suggest that you have to make up the prayers of these three years. But because what you did was due to ignorance and the number of prayers is too great, I hope that you will be OK in sha Allaah. But do lots of naafil prayers, but if you think you can make up those prayers, this is what you should do anyway. But if you want to you can do a lot of naafil, as some scholars have suggested, because the issue is subject to debate. And Allaah knows best.

The reason why tayammum is done on just two parts of the body

What is the reason why tayammum (dry ablution in the absence of available water) is done on only two parts of the body?

Praise be to Allaah.  

Ibn al-Qayyim (may Allaah have mercy on him) said: 

The reason why tayammum is only done on two parts of the body (i.e., the face and arms) is that this is quite appropriate, based on analogy and common sense. For placing dust on the head is something that is ordinarily disliked, rather it is customarily done at times of disaster and calamity, and the feet are usually in contact with the dust anyway. But putting dust in the face is an action of humility and veneration of Allaah, submission to Him and humbling oneself before Allaah, which is one of the most beloved of acts of worship to Him and one of the most beneficial to the person himself. Hence it is mustahabb (liked, encouraged) for the one who is prostrating to get dust on his face for the sake of Allaah, and not to protect his face from getting dusty. One of the Sahaabah saw a man prostrating and putting something between his face and the dust, and he said to him: “Get your face dusty.” This meaning does not apply in the case of getting the feet dusty. 

Moreover, this is appropriate by analogy in another sense, which is that tayammum applies to the parts of the body which are washed during wudoo’, but not to the parts which are merely wiped. For the feet may be wiped when one is wearing socks, and the head may be wiped when one is wearing a turban. Since the parts which are usually washed are reduced to wiping (in the case of tayammum), the parts which are wiped are reduced to nothing, because if we were to wipe the latter with dust, that would not be a reduction at all, rather instead of wiping them with water we would just be wiping them with dust. Thus it becomes clear that what sharee’ah tells us is the most fair and the most perfect.  

The tayammum of the one who is in a state of junub (major impurity following sexual activity) is like the tayammum of the one who is in a state of minor impurity. If the one who is in a state of minor impurity is spared the obligation of wiping the head and feet with dust, then it is more appropriate that the one who is in a state of major impurity should be spared the obligation of rubbing his whole body with dust, because that would involve a great deal of hardship, and it goes against the idea of tayammum being a dispensation. It would also reduce the one who is the noblest of Allaah’s creation to becoming like the animals who rub their bodies in the dust. That which was brought by sharee’ah cannot be superceded in wisdom and fairness, and to Allaah be praise.

After burial, should supplication be offered for the deceased sitting or standing?

How should supplication be offered for the deceased after burying him and levelling the soil on the grave -- sitting or standing? Which of them is better?.

Praise be to Allaah.

The Sunnah for the one who wants to offer supplication for the deceased after he has been buried and the soil has been levelled over him is to offer supplication whilst standing. The basic principle concerning that is the report narrated by Abu Dawood with his isnaad from ‘Uthmaan (may Allaah be pleased with him) who said: When the Prophet (blessings and peace of Allaah be upon him) finished burying the deceased person, he would stand over him and say: “Ask for forgiveness for your brother and ask that he be made steadfast, for right now he is being questioned.” Abu Dawood and al-Mundhiri remained silent about it. It was also narrated by al-Haakim who classed it as saheeh, and by al-Bazzaar who said: It was not narrated from the Prophet (blessings and peace of Allaah be upon him) except through this isnaad. 

And Allaah is the source of strength. They Allaah send blessings and peace upon our Prophet Muhammad and his family and Companions. End quote.

How to offer the funeral prayer over more than one grave

How should a person pray who wants to offer the funeral prayer over more than one grave?.

Praise be to Allaah.  

With regard to offering prayers over graves, one of two scenarios must apply: 

1.     Either the graves are in front of the worshipper, in the direction of the qiblah in one line, in which case it is valid for him to offer one prayer for the occupants of all of these graves;

2.     or the graves are scattered, with some of them on his right and some on his left, in which case each grave has its own ruling, so he should offer the prayer at each grave on its own. 

Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: There are two janaazahs (funeral biers) next one another in the graveyard: how should the prayer be offered for them after burial? Should the funeral prayer be offered for each janaazah on its own, or can the intention be made to offer the prayer for both? He replied: If the graves are both in front of the worshipper, then he may offer one prayer for both, but if each one is in a different place, then he should offer the prayer for each one (separately). End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen (17/159) 

The one who is offering the funeral prayer over a grave should stand with the grave in front of him like the bier is in front of the worshippers during the funeral prayer. If the deceased was male, he should stand at his head, and if the deceased was female, then he should stand at her middle. 

And Allaah knows best.

Sprinkling the grave with water after burial

What is the ruling on sprinkling water on the grave after burying the dead, justifying this by saying that it makes the dust solid on the grave? Does it make it cool for the dead? .

Praise be to Allaah.

There is nothing wrong with sprinkling water, because water holds the earth together so it will not be scattered right and left. 

With regard to what the common folk believe, that sprinkling water cools down the deceased, there is no basis for this. End quote.

Covering the grave of a woman when she is placed in it

I am from Bangladesh. In our country there is a culture, while putting a woman in to grave a long cloth i.e sort of bed cover, is placed over as a shade. In answer to it people say that women are to make hijab even after she dies. Is it supported by any Daleel?.

Praise be to Allaah.

It is mustahabb to cover the grave of a woman as she is being placed in it, because that is more concealing for her. 

Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (2/190): The woman’s grave should be covered with a cloth. We do not know of any scholar who differed from the view that this is mustahabb. Ibn Sireen narrated that ‘Umar used to cover the graves of women, and it was narrated from ‘Ali that he passed by some people who were burying a dead person and they had spread a cloth over his grave. He took it away and said: This is only to be done for women. Anas ibn Maalik was present at the burial of Abu Zayd al-Ansaari; the grave was covered with a cloth and ‘Abd-Allaah ibn Anas said: Take off the cloth, for only the graves of women are to be covered. Anas was present at the graveside and he did not object. Because a woman is ‘awrah and there is no guarantee that some part of her may not become uncovered and be seen by those present. End quote. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: What is the ruling on covering the grave of a woman when she is lowered into the grave, and how long should the cover remain? 

He replied: Some of the scholars stated that the grave of a woman should be covered when she is placed in her grave, lest the features of her body become apparent, but this is not obligatory. This covering should be left until the bricks are placed over her. End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen (17/173). 

He also (may Allaah have mercy on him) said in Liqa’ al-Baab il-Maftooh: As for placing an ‘abayah over the grave when the woman is lowered into it, that is good. It was mentioned by the scholars who said: The grave of a woman should be covered when she is placed in it. End quote. 

And Allaah knows best.

Ruling on walking in the graveyard wearing shoes

What is the ruling on walking in the graveyard wearing shoes?.

Praise be to Allaah.

Firstly: 

The Sunnah for the one who enters the graveyard is to take off his shoes when he enters, but if the ground is thorny and will hurt him and so on, then there is nothing wrong with keeping his shoes on. 

Ibn Qudaamah (may Allaah have mercy on him) said in al-Mughni (2/224): He should take off his shoes when he enters the graveyard. This is mustahabb, because of the report narrated by Basheer ibn al-Khasaasiyah who said: Whilst I was walking with the Messenger of Allaah (peace and blessings of Allaah be upon him), we saw a man who was walking among the graves, wearing shoes. He said: “O you with the two shoes, take them off.” The man looked, and when he recognized the Messenger of Allaah (peace and blessings of Allaah be upon him) he took them off and threw them aside. Narrated by Abu Dawood. End quote. 

The scholars of the Standing Committee for Issuing Fatwas were asked: Is taking off one's shoes in the graveyard Sunnah or bid’ah (an innovation)? 

They replied: It is prescribed for the one who enters the graveyard to take off his shoes, because of the report narrated by Basheer ibn al-Khasaasiyah (may Allaah be pleased with him) who said: … and they quoted the hadeeth. Then they said: Ahmad said: The isnaad of the hadeeth of Basheer ibn al-Khasaasiyah is jayyid and I would follow it unless there was a reason not to. And the reason referred to by Ahmad (may Allaah have mercy on him) is things such as thorns or the ground being too hot to walk on and the like, in which case there is nothing wrong with wearing shoes when walking between the graves, so as to avoid harming oneself. 

And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. End quote. 

Fataawa al-Lajnah al-Daa’imah li’l-Ifta (9/123-124). 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: Walking between the graves wearing shoes is contrary to the Sunnah, and it is better to take off one’s shoes when walking between the graves, except in cases of necessity, such as if there are thorns in the graveyard or it is very hot, or there are pebbles which will hurt one, in which case there is nothing wrong with it, i.e., wearing shoes when walking between the graves. End quote. 

Majmoo’ Fataawa  Ibn ‘Uthaymeen (17/202).

Can he break the fast because his work is too hard?

Is it permissible for those who do hard work to break the fast during Ramadaan, such as those who work in foundries and factories and do other kinds of hard work?.

Praise be to Allaah.

Some scholars have issued fatwas saying that it is permissible for these people not to fast. I sent the fatwa to Shaykh ‘Abd-Allaah ibn Muhammad ibn Humayd and Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on them) for their comments on it and they said:  

The basic principle is that it is obligatory to fast Ramadaan, and to form the intention to fast from the night before, for all adult Muslims, who should start the day fasting, except for those to whom the Lawgiver has granted a concession, who are allowed not to fast – namely the sick, travellers and those who come under those headings. Those who do hard work come under the heading of those who are obliged to fast and they are not like the sick or travellers. They have to form the intention to observe the Ramadaan fast from the night before, and to start the day fasting. If one of them is forced to break the fast during the day, then it is permissible for him to break the fast with enough to ward off any harm, then he must refrain from eating and drinking for the rest of the day, and he has to make up that fast at the proper time. If there is no such necessity then it is obligatory to complete the fast. This is what is indicated by the shar’i evidence from the Qur’aan and Sunnah, and it is what is indicated by the words of the scholars of all madhhabs. 

Those in positions of authority among the Muslims among whom are people who do hard work should examine their case when Ramadaan comes, and if possible, they should not burden them with too much work that may force them to break the fast during the day in Ramadaan, rather they should have the work done at night, or distribute work hours in a fair and just manner so that people may both work and fast. 

As for the fatwa referred to, this has to do with an individual case where they issued a fatwa based on their ijtihaad for which they are to be appreciated, but they did not mention the conditions that we have mentioned or the view of the scholars of all madhhabs. We ask Allaah to help us all to do that which is good. End quote. 

Shaykh ‘Abd-Allaah ibn Muhammad ibn Humayd (may Allaah have mercy on him). 

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

Majmoo’ Fataawa Ibn Baaz, 14/245 

And Allaah knows best.

If a woman miscarries after two months of pregnancy, is her bleeding regarded as nifaas?

I was pregnant and I had a miscarriage at two months. I asked a lady who is knowledgeable about Islam whether I should fast Ramadaan and pray, and she answered: “Yes, fast and pray, because the soul had not yet been breathed into (the embryo), so it is regarded as istihaadah (non-menstrual vaginal bleeding).” So I fasted and prayed, but then another doctor told me that I should repeat the fasts. What is the correct ruling?.

Praise be to Allaah.  

The different opinions that our sister has heard are the result of scholarly differences on this matter. The correct scholarly view is that if a woman miscarries a foetus that was fully formed, then she should stop praying and fasting because this is nifaas. If it was not fully formed then her blood is irregular bleeding and she should not stop praying and fasting. The minimum time in which the foetus becomes fully formed is eighty-one days (from conception). 

The scholars of the Standing Committee said: 

If the foetus was fully formed, in the sense that its limbs (hands and feet) and head had appeared, it is haraam to have intercourse with the woman so long as she is still bleeding, for up to forty days. It is permissible to have intercourse with her at times when the bleeding stops within forty days, after she does ghusl.  But if the limbs had not yet appeared in the embryo, then it is permissible to have intercourse with her even if that is immediately after the miscarriage, because that is not regarded as nifaas, rather it is irregular bleeding and she can pray and fast in that case. 

Fataawa al-Lajnah al-Daa’imah, 5/422, 423. 

Shaykh ‘Abd al-‘Azeez ibn Baaz said: 

If a woman miscarries something in which human features such as a head, arm or leg etc can be distinguished, then the rulings of nifaas apply and she should not pray or fast, and it is not permissible for her husband to have intercourse with her until she becomes pure or until forty days have passed. If she becomes pure before forty days have passed, then she has to do ghusl and pray and fast in Ramadaan, and it is permissible for her husband to have intercourse with her. 

But if no human features can be distinguished in what is passed by the woman, and it looks like flesh with no distinguishable features, or it is blood, then she comes under the ruling of one who is suffering from istihaadah (non-menstrual vaginal bleeding), not the rulings on nifaas or menstruation. So she has to pray and fast in Ramadaan, and she is permissible for her husband… because this comes under the rulings on istihaadah according to the scholars. 

Fataawa Islamiyyah, 1/243. 

Shaykh Ibn ‘Uthaymeen said: 

The scholars said: If what is passed has clear human features, then her bleeding after that is regarded as nifaas, so she should stop praying and fasting, and her husband should avoid her until she becomes pure. If what comes out is unformed, then it is not regarded as the blood of nifaas, rather it is irregular bleeding which does not prevent her from praying or fasting, etc. 

The scholars said: The earliest time at which distinguishable features may appear is eighty-one days. 

Fataawa al-Mar’ah al-Muslimah, 1/304, 305. 

And Allaah knows best.

If a woman makes a mistake about when she becomes pure following menstruation, is she sinning?

If a woman does not get a white discharge, and instead she waits for the bleeding to stop, the number of days (of the period) may vary from one month to the next. Is she sinning if she makes a mistake about when she becomes pure, such as if she thinks that she became pure, then after doing ghusl and praying she finds traces of it or, conversely, if she waits and misses some prayers because she thinks that she has not yet become pure, because it is difficult for her to know when she becomes pure without that white discharge? May Allaah reward you with good.

Praise be to Allaah.  

Menstruation differs from one woman to another, and the signs that one woman’s period has ended may vary from time to time. 

For most women the sign that the period has ended is the emission of the white discharge. For some women the sign is that the bleeding stops. 

No matter what the sign is for a woman, it is not permissible for her to hasten until the sign appears, because it is not permissible for her to pray or fast when she is menstruating, until she becomes pure. 

The women used to send containers to ‘Aa’ishah in which were the cotton pads with traces of yellow on them. She would say: “Do not hasten until you see the white discharge.” 

This was narrated by al-Bukhaari in a mu’allaq report in Kitaab al-Hayd, Baab iqbaal al-maheed wa idbaarihi (Book of Menses, Chapter on the start and end of the menstrual flow); and by Maalik, 130   

If a woman makes a mistake about the time of the end of her period, based on her own reasoning, then she is not sinning, because Allaah says (interpretation of the meaning): 

“And there is no sin on you concerning that in which you made a mistake, except in regard to what your hearts deliberately intend”

[al-Ahzaab 33:5] 

And the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has forgiven my ummah for mistakes, what they forget and what they are forced to do. “ Narrated by Ibn Maajah, 2053; classed as saheeh by al-Albaani in Saheeh Ibn Maajah. 

But if she thinks that she has become pure and she prays and fasts, then she realizes that she is still menstruating, then she has to stop praying and fasting until she becomes pure, and she should make up the obligatory fasts that she observed during that time, because it is now apparent that they were not valid, because the fast of a menstruating women is not valid. 

If she stops praying because she thinks that she has not yet become pure, then she finds out that she was pure, then she has to make up those prayers. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked (11/280) about a woman who saw a brownish discharge before her usual period, so she stopped praying, then the blood came at the usual time. What is the ruling on that? 

He replied: Umm ‘Atiyyah (may Allaah be pleased with her) said: “We used to not regard the yellowish and brownish discharge after the tuhr (white discharge indicating that the period is over) as being of any significance.” Based on this, this brownish discharge that comes before the period does not seem to me to be part of the period, especially since it came before the usual time of menstruation and there were no other signs of menstruation such as cramps, backache, etc. So it is better for her to make up the prayers that she missed during this time. 

He was also asked (11/275) about a woman who bled for nine days, so she did not pray, thinking that this was her period. Then a few days later her real period came – what should she do: should she make up the prayers of the days she missed or what?

He replied:  it is better for her to make up the prayers that she missed during the first days, but if she does not do that there is no sin on her, because the Prophet (peace and blessings of Allaah be upon him) did not command the woman who was suffering from severe istihaadah (non-menstrual vaginal bleeding) and had stopped praying because of that, to do so. The Prophet (peace and blessings of Allaah be upon him) told her to regard six or seven days as her period and to pray during the rest of the month; he did not tell her to repeat the prayers she had missed, even though making up the prayers she had missed would have been good, because she may have been negligent in not asking before, but even though she did not repeat them there was no sin on her. 

And Allaah knows best.

She did not make up the days when she had her period and now she cannot fast

I did not fast on the days of my period in previous years, and I did not know that I had to fast these days before the next Ramadaan came. Now I suffer medical problems and am weak, and I cannot fast these days. It is permissible for me to feed poor people instead? If that is permissible, I do not know how many days are involved so how should I go about feeding them?.

Praise be to Allaah.  

Firstly: 

When a woman does not fast because of her period, she has to make up the days that she missed, because ‘Aa’ishah (may Allaah be pleased with her) said: “That – meaning menstruation – used to happen to us and we were told to make up the fasts but we were not told to make up the prayers.” Narrated by Muslim, 335. 

Secondly: 

We have already stated in the answer to question no. 26865 that it is obligatory to make up days missed in Ramadaan before the next Ramadaan comes; it is not permissible to delay it except for those who have a reason. 

Thirdly: 

Whoever is obliged to make up missed fasts but then is unable to do so because of sickness or weakness for which there is no hope of a cure should feed the poor instead, one poor person for each day.

 Shaykh Ibn ‘Uthaymeen was asked in Fataawa Arkaan al-Islam (p. 455): 

A young girl got her period and she fasted the days of her period out of ignorance. What does she have to do? 

He replied: 

She has to make up the days that she fasted during her period, because fasts observed whilst menstruating are not accepted and are not valid, even if she was ignorant of that, and there is no limit to the time when they can be made up. 

Here is a case which involves the opposite scenario: A woman started her periods when she was young, and she was too shy to tell her family, and she did not fast Ramadaan. This woman has to make up the month that she did not fast, because once a woman starts her periods she becomes mukallifah (accountable for her deeds), because menstruation is one of the signs of having reached adolescence.  

He was also asked about a woman who did not make up the days from her period in Ramadaan until she owed nearly two hundred days, and now she is sick and old and cannot fast – what should she do? 

He replied: 

If this woman will be harmed by fasting as mentioned in the question, because she is elderly and sick, then she should feed one poor person for each day. She should calculate how many days she owes from the past and feed one poor person for each day. 

Fataawa al-Siyaam, p. 121. 

For information on how much must be given when feeding the poor, see question no. 38867. 

In conclusion: 

If you are able to fast then you have to make up the days. If you will not be able to fast then you have to feed one poor person for each day. Try to figure out how many days you did not fast until you think it most likely that you have reached the right number.

Her period comes twice a month – should she stop praying and fasting each time?

I have some health problems and my period comes twice each month, and lasts for seven to ten days each time. How should I fast in Ramadaan, and how should I pray?.

Praise be to Allaah.  

The ruling depends on the reason for it; if the reason is present, the ruling applies. If there is menstrual blood which is known by its characteristics and colour, then the woman must follow the rulings on menstruation, and prayer, fasting and intercourse are forbidden at that time, even if it happens more than once in a month and even if it lasts more than the usual number of days each month. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a woman whose period came, then she became pure and did ghusl, then after she had prayed for nine days, she started to bleed again, so she did not pray for three days, then she became pure and prayed for eleven days, then her period came again as usual. Should she repeat the prayers she offered during those three days or should they be regarded as part of her period? 

He replied: 

When the period comes it is hayd (menstruation) regardless of whether a long time or a short one has passed between it and the previous period. If a woman has her period then becomes pure, then after five days, or six, or ten, her period comes again, she should stop praying because this is hayd. This applies all the time. Every time she becomes pure then her period comes again, she has to stop praying etc. But if she bleeds continually and it only stops for a short while, then she is mustahaadah (one who suffers from istihaadah or non-menstrual vaginal bleeding), and in that case she should only stop praying for the duration of her normal menses. 

Majmoo’ Fataawa al-Shaykh Ibn ‘Uthaymeen, 11 Shawwaal 230. 

And Allaah knows best.

Is it better for her to break her fast so she can breastfeed her child or to stop breastfeeding so she can fast?

I have a son who is ten months old. Now the month of Ramadaan has come and I want to fast the month, but a few days ago I started to fast on Mondays and Thursdays and I became very tired. Is it permissible for me to stop breastfeeding my child so that I can fast, or is it better for me not to fast so I can breastfeed my child?.

Praise be to Allaah.  

Firstly: 

In question 50005 we have already stated that if a breastfeeding mother or pregnant woman fears for herself or her child, then it is better for her not to fast and fasting is makrooh in her case. Indeed some of the scholars said that if she fears for her child it is haraam for her to fast and she should not fast, because she has no right to do something that would harm her child. 

Secondly: 

If the child is able to do without his mother’s milk then she should fast because there is no need for her not to fast in this case. 

Al-Mirdaawi said in al-Insaaf (7/383): 

If the child is able to do without his mother’s milk, it is not permissible for her not to fast. 

Thirdly: 

If what you mean in your question by “stop breastfeeding my child” is weaning him, that depends on the child’s situation. If he will be harmed by that, it is not permissible to do it; if he will not be harmed by it, then there is nothing wrong with weaning him, after you consult with his father and agree on that, because Allaah says (interpretation of the meaning): 

“The mothers shall give suck to their children for two whole years, (that is) for those (parents) who desire to complete the term of suckling, but the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis. No person shall have a burden laid on him greater than he can bear. No mother shall be treated unfairly on account of her child, nor father on account of his child. And on the (father’s) heir is incumbent the like of that (which was incumbent on the father). If they both decide on weaning, by mutual consent, and after due consultation, there is no sin on them”

[al-Baqarah 2:233]

 al-Qurtubi said: 

The phrase “If they both decide on weaning” means weaning the child from the breast, i.e., weaning him from his mother’s milk to other kinds of food. “by mutual consent” means, before two years have passed. “there is no sin on them” means, in weaning him, because Allaah has stipulated that the period of breastfeeding should be two years, except when the parents agree on a shorter period, so long as that is not harmful to the child. That is permissible according to this statement. 

Ibn Jareer narrated in al-Tafseer (3913) that Sufyaan al-Thawri said: If the father wants to wean him before two years, and his wife does not agree, then he does not have the right to enforce that. If the woman says, I want to wean him before two years, but the father says no, then she does not have the right to wean him unless the father approves and they reach an agreement. If they reach an agreement before two years, they may wean him, but if they disagree then they should not wean him before two years, as Allaah says: “If they both decide on weaning, by mutual consent, and after due consultation”. 

But if what is meant is switching the child from breast milk to formula, this affects the interests of the child by denying him natural breast milk, and the importance of natural breastfeeding to the child has been proven beyond any shadow of a doubt. In this case the mother should not give up natural breastfeeding in order to fast, because formula milk cannot completely replace breast milk. The importance of breastfeeding is sufficient excuse for her not to fast. See also question no. 20759. 

And Allaah knows best.

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