Divorce at the time of menses

Standard
Divorce at the time of menses

🌸 *Fatwa Regarding Women* 🌸

*Topic: Divorce at the time of menses*

*Q* 💬On the first day of her menses she forgot to tell her husband, and asked him for a divorce, and the third talaaq was issued. Then she remembered that and told him. What is the shar’i response to that?.

*A*💬Praise be to Allaah.

The fuqaha’ differed as to whether the divorce of a menstruating woman counts as such or not. The majority are of the view that it does count as such, but there is a group of ‘ulama’ who say that it does not, and this is the view reflected in the fatwas of many contemporary fuqaha’ such as Shaykh Ibn Baaz (may Allaah have mercy on him) and Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him).

Shaykh Ibn Baaz (may Allaah have mercy on him) said: Divorce of a menstruating woman does not count as such according to the more sound of the two scholarly opinions, which is contrary to the view of the majority. The majority of scholars think that it does count as such, but the correct scholarly view is that reflected in the fatwas of some of the Taabi’een and in the fatwa of Ibn ‘Umar (may Allaah be pleased with him). This is also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim and a number of scholars who said that this divorce does not count as such, because it is contrary to the laws of Allaah. Allaah decreed that a woman should be divorced when she is in a state of purity, free from nifaas (postpartum bleeding) and menses, and during a time of purity when her husband has not yet had intercourse with her. This is the divorce that is prescribed according to sharee’ah. If he divorces her during her menses or nifaas, or during a time of purity when he has had intercourse with her, then his divorce is bid’ah (an innovation) and does not count as such according to the more sound of the two scholarly views, because Allaah says (interpretation of the meaning):

“O Prophet! When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah ”

[al-Talaaq 65:1]

What this means is when they are pure (not menstruating) and you have not had intercourse with them. This is what the scholars have said about divorcing them at their prescribed periods, they should be pure (not menstruating) and you should not have had intercourse with them, or they should be pregnant. This is what is meant by divorce at their prescribed periods. End quote from Fataawa al-Talaaq, p. 44

It says in Fataawa al-Lajnah al-Daa’imah (20/58): There are several kinds of innovated divorce: where a man divorces his wife during her menses or nifaas, or during a time of purity when he has had intercourse with her. The correct view is that this does not count as a divorce. End quote.

Based on this, if the divorce was issued at the time of her menses, it does not count and the woman is still married to her husband.

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a man who divorced his wife when she was menstruating but he did not know that she was menstruating – does this divorce count as such?

He replied:

The scholars differed concerning a divorce that takes place when a woman has her monthly period, and there was a lengthy discussion as to whether the divorce counts or not. The majority of scholars are of the view that it does count as such and is regarded as a divorce, but the man should be told to take her back and keep her until she has become pure from her menses, then menstruated a second time and become pure. Then if he wishes he may keep her and if he wishes he may divorce her. This is the view of the majority of scholars, include the four imams: Ahmad, al-Shaafa’i, Maalik and Abu Haneefah. But the more correct view in our opinion is that favoured by Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him), that divorce at the time of menses does not count as such, because it goes against the command of Allaah and His Messenger. The Prophet (peace and blessings of Allaah be upon him) said: “Whoever does any action that is not in accordance with this matter of ours will have it rejected.” The evidence concerning this very issue is the hadeeth of ‘Abd-Allaah ibn ‘Umar, when he divorced his wife at the time of her menses. He told the Prophet (peace and blessings of Allaah be upon him) about that and the Messenger of Allaah (peace and blessings of Allaah be upon him) got very angry and said: “Tell him to take her back, then keep her until she has become pure, then menstruated, then become pure, then if he wishes he may keep her after that and if he wishes he may divorce her.” Then the Prophet (peace and blessings of Allaah be upon him) said: “That is the prescribed period at which Allaah has commanded men to divorce women.” The prescribed period at which Allaah has commanded men to divorce women means that a man may only divorce his wife when she is pure (not menstruating) and he has not had intercourse with her. Based on this, if he divorces her when she is menstruating, he has not divorced her in accordance with the command of Allaah, so it is to be rejected. We think that the divorce that has been issued to this woman does not count as such, and that the woman is still married to her husband. It does not matter whether the husband knew that she was menstruating or not menstruating when he issued the divorce. Yes, his knowledge of her condition does not matter, but if he knew about that then he has committed a sin, and the divorce does not count. If he did not know, then the divorce still does not count, but there is no sin on the husband. End quote.

Fataawa Islamiyyah, 3/268.

Islam Q&A

Advertisements

Zayd Al-Khayr

Standard
Zayd  Al-Khayr

People are made up of basic “metals” or qualities. The best of them in JahilIyyah are the best of them in Islam, according to a hadith of the Prophet. Here are two pictures of a noble companion one during his life in Jahiliyyah and the other after he became a Muslim. In Jahiliyyah, this Sahabi was known as Zayd al-Khayl. When he became a Muslim, the Prophet renamed him Zayd al-Khayr. The tribe of Aamir were afflicted one year by a severe drought which destroyed crops and vegetation and caused livestock to perish. So bad was it that one man left the tribe with his family and went to Hira. There he left his family with the words, “Wait for me here till I return to you.” He swore to himself not to return to them until he earned some money for them or died in the process.

The man took some provisions with him and walked all day in search of something for his family. At nightfall, he found himself in front of a tent. Nearby a horse was tethered and he said to himself: “This is the first booty.” He went to the horse, untied it and was about to mount it when a voice called out to him: “Leave it and take your life as booty.” He hastily abandoned the horse. For seven days he walked until he reached a place where there was a pasture for camels. Nearby was an enormous tent with a leather dome, signs of great riches and wealth. The man said to himself: “Doubtless this pasture has camels and doubtless this tent has occupants.” The sun was about to set. The man looked inside the tent and saw a very old man in the centre. He sat down behind the old man without the latter realizing his presence.

The sun soon set. A horseman, imposing and well built, approached. He rode his mount erect and tall. Two male servants accompanied him, one on his right and the other on his left. With him were almost a hundred she-camels and in front of them a huge male camel. Clearly he was a well-endowed man. To one of the servants he said, pointing to a fat camel: “Milk this and give the old man a drink.”-The shaykh drank one or two mouthfuls from the full vessel which was brought to him and left it. The wanderer went up to it stealthily and drank all the milk in it. The servant returned, took the vessel and said: “Master, he has drunk it all.” The horseman was happy and ordered another camel to be milked.

The old man drank only one mouthful and the wanderer drank hall ol what was left so as not to arouse the suspicion of the horseman. The horseman then ordered his second servant to kill a sheep. Some of it was grilled and the horseman fed the shaykh until he was satisfied. He and the two servants then ate. After this, they all slept soundly; their snoring filled the tent. The wanderer then went to the he-camel, untied and mounted it. He rode off and the she camels followed. He rode throughout the night. At daybreak he looked around in every direction but did not see anyone following him. He pushed on until the sun was high in the sky. He looked around and suddenly saw something like an eagle or a big bird in the distance coming towards him. It quickly gained on him and soon he saw that it was the horseman on his horse.

The wanderer dismounted and tied the he-camel. He took out an arrow and placed it in his bow and stood in front of the other camels. The horseman stopped at a distance and shouted: “Untie the camel.” The man refused saying how he had left behind him a hungry family in Hira and how he had sworn not to return unless he had money or died in the process. “You are dead if you do not untie the camel,” said the horseman. The wanderer again refused to do so. The horseman threatened him once more and said: “Hold out the reins of the camel. There are three knots in it. Tell me in which of them you want me to place my arrow.” The man pointed to the middle knot and the horseman lodged an arrow right in the centre as if he had neatly placed it there with his hand. He did the same with the second and third knots. At that, the man quietly returned his own arrow to his quiver and gave himself up. The horseman took away his sword and his bow and said to him: “Ride behind me.”

The man expected the worst fate to befall him now. He was at the complete mercy of the horseman who said: “Do you think I will cause you harm when you have shared with Muhalhil (the old man, his father) his drink and his food last night?” When the man heard the name Muhalhil, he was astonished and asked: “Are you Zayd al-Khayl?” “Yes,” said the horseman. “Be the best captor,” pleaded the man. “Don’t worry,” replied Zayd al-Khayl calmly. “If these camels were mine, I would give them to you. But they belong to one of my sisters. But stay some days with me. I am about to make a raid.” Three days later he raided the Banu Numayr and captured about a hundred camels, as booty. He gave them all to the man and sent some men with him as guards until he reached his family in Hira. The above is a story of Zayd al-Khayl as he was in Jahiliyyah recounted by the historian ashShaybani. The books of Siyar give another picture of Zayd al-Khayl as he was in Islam .

. . When Zayd alKhayl heard the news of the Prophet, peace be upon him, he made some of his own enquiries and then decided to go to Madinah to meet the Prophet. With him was a big delegation of his people among whom were Zurr ibn Sudoos, Malik ibn Jubayr, Aamir ibn Duwayn and others. When they reached Madinah, they went straight to the Prophet’s Mosque and tethered their mounts at its door. It happened that as they entered, the Prophet was on the mimbar addressing the Muslims. His speech aroused Zayd and his delegation and they were also astonished by the rapt attention of the Muslims and the effect of the Prophet’s words on them. The Prophet was saying: “I am better for you than alUzza (one of the main idols of the Arabs in Jahiliyyah) and everything else that you worship.

I am better for you than the black camel which you worship besides God.” The Prophet’s words had two different effects on Zayd al-Khayl and those with him. Some of them responded positively to the Truth and accepted it. Some turned away and rejected it. One of the latter was Zurr ibn Sudoos. When he saw the devotion of the believers to Muhammad, both envy and fear filled his heart and he said to those with him: “I see a man who shall certainly captivate all Arabs and bring them under his sway. I shall not let him control me ever.” He then headed towards Syria where it is said he shaved his head (as was the practice of some monks) and became a Christian.

The reaction of Zayd and others was different. When the Prophet had finished speaking, Zayd stood up, tall and impressive-looking in the midst of the Muslims and said in a loud and clear voice: “O Muhammad, I testify that there is no god but Allah and that you are the messenger of Allah.” The Prophet came up to him and asked, “Who are you?” “I am Zayd al-Khayl the son of Muhalhil.” “From now on you are Zayd al-Khayr instead, not Zayd al-Khayl,” said the Prophet. “Praise be to God Who has brought you from the hills and dales of your native land and softened your heart towards Islam.” Thereafter he was known as Zayd al-Khayr (Zayd the Good). The Prophet then took him to his house. With them were Umar ibn al-Khattab and some other Companions.

The Prophet gave him a cushion to sit on but he felt very uncomfortable to recline thus in the presence of the Prophet and he returned the cushion. The Prophet handed it back to him and he returned it to him. This happened three times. Eventually, when they were all seated, the Prophet said to Zayd al-Khayr: “O Zayd, no man has ever been described to me and when I see him he does not fit the description at all except you. You have two characteristics which are pleasing to God and His Prophet.” “What are they?” asked Zayd. “Perseverance and sagacity,” replied the Prophet. “Praise be to God,” said Zayd, “Who has given me what He and His Prophet like.” He then turned directly to the Prophet and said: “Give me, O rnessenger of God, three hundred horsemen and I promise you that I will secure Byzantine territory with them.”

The Prophet praised his fervour and said, “What manner of man are you!” During this visit, all those who stayed with Zayd became Muslims. They then desired to return to their homes in Najd and the Prophet bade them farewell. The great desire of Zayd al-Khayr to work and fight for the cause of Islam, however, was not to be realised. In Madinah al-Munawwarah at that time there was an epidemic of fever and Zayd al-Khayr succumbed to it and said to those with him: “Take me away from the land of Qays. I have the fever of small pox. By God, I shall not fight as a Muslim before I meet Allah, the Mighty the Great.” Zayd took the road to his people in Najd in spite of the fact that the fever became more and more intense and slowed him down. He hoped at least to get back to his people and that they would become Muslims, through God’s grace, at his hands. He struggled to overcome the fever but it got the better of him and he breathed his last on the way before reaching Najd. Between his acceptance of Islam and his death, however, there was no time for him to have fallen into sin.

From: “Companions of The Prophet”, Vol.1, By: Abdul Wahid Hamid.

 Our Identity

Standard
 Our Identity

In the Name of Allaah, the Most Compassionate, the Especially Merciful.

“And if you obey most of those upon the earth, they will mislead you from the way of Allaah. They follow not except assumption, and they are not but falsifying.” Q 6:116

And if the truth had been in accordance with their desires, verily, the heavens and the earth, and whosoever is therein would have been corrupted! Q23:71

From the above verses, we can deduce that the recipe for the destruction is kept in our desire to twist the Divine Laws in accordance with our personal whims and desires.

We can’t decide which laws of Allaah to obey and which to ignore. lf we could, A lot of us would have chosen many commandments to ignore.

As a Muslim, ‎we never ever compromise on our values wherever we are and whatever status we might have attained because this life is too short and we don’t know when the angel of death will pay us a visit.

‎Our Islamic identity is our license to attaining felicity in both worlds. A real Muslim is not answerable to any mortal but to Allaah.

The challenge to maintain the Islamic identity be you a president or a janitor at all times is very daunting but the reward is enormous.

Whenever a Muslim does what is obligatory upon him by the virtue of his religion, the world cries out and frowns at his action as if his servitude is for them and not for Allaah (subhanahu wata aala).

Do not react but rather respond because reacting is instinctive while responding is a product of ‘Hikmah’ wisdom.

Majority of people only seek for our spiritual corruption when we tread the path of spiritual reformation, they want to assassinate our character and slander us behind our back.

If we hold on to our Islamic values, the world isn’t going to like us but it will respect us.

May Allaah equip us with the adequate strength and wisdom needed to maintain strictly our Islamic values. Ameen thumna ameen.

DeensisterS Feed the Needy

Standard
DeensisterS Feed the Needy

DeensisterS Feed the Needy Program Ramadan 2018

All praise is due to Allah, The Most beneficial, The Most Merciful.

The feed the needy program this year was indeed a big success. We received over a million naira which was spread across the 3 states to feed the needy.

In Abuja, cooked food were given out to needy individuals and families in Anguwan Dawaki. We were also able to take the food to mosques in the area to cater for a larger number of people due to generous donations from many of you.

Raw food were distributed to IDPs and needy individuals and families in Borno at different locations including Custom, school of Nursing, Fori, Galtimari, Gwange and Mairi. There were many needy people as the city is still flooded with homeless and physically disabled individuals so the raw food was much appreciated.

While in kano we got to distribute both cooked and raw food. Cooked food of different varieties was given to the needy almajirais, individuals and families in sallari while raw food was taken to different locations.

The receipients were very very grateful and kept showering us with duas. Subhanallah, what we consider little is what makes them very happy. Alhamdulillah for everything.

We pray to Allah (subhanahu wata aala) to alleviate their suffering, increase them in patience and accept this act of ibadah from us all and give us all the ability to do more everyday of our lives, Aameen.

Al-Wakeel

Standard
Al-Wakeel

99 Names of Allah Series}

Assalamu Alaykum Wa Rahmatullah Wa Barakatuh

I hope we are all in good health and good state of Iman.

Al-Wakeel- The Trustee

Wakeel comes from the root waaw-kaaf-laam, which points to three main meanings. The first meaning is to appoint or entrust for the care or management of something. The second main meaning is to be a guardian of one’s interests, and the third is to rely upon.

Linguistically the wakeel of someone else is the person who efficiently represents him or does what he is incapable of doing on his behalf. Al-Wakeel is the ultimate Trustee, guardian and administrator of all things and we can trust in the fact that Al-Wakeel will provide the perfect resolution for every matter!

Al-Wakeel Himself says: . . . But it increased them in faith, and they said, “Sufficient for us is Allah , and [He is] the best Disposer of affairs[Quran, 3:173] . . . To Him belongs whatever is in the heavens and whatever is on the earth. And sufficient is Allah as Disposer of affairs [Quran, 4:171] and The Lord of the East and the West; there is no deity except Him, so take Him as Disposer of [your] affairs [Quran, 73:]

Reliance on Allah (tawakkul) means you entrust your affairs to Him, take every worldly precaution, and submit to Al-Wakeel for the result. An example is the hijrah for which the prophet salallahu ‘alayhi wasallam and Abu Bakr radiyyallahu ‘anhu planned according to their means. However, they were overtaken by the Quraysh. This is when the prophet calmed Abu Bakr with a beautiful statement of tawakkul, saying What do you think is the destiny of two people who have Allah for their Companion?

Many people are depressed or worried about their or their children’s future. Don’t fear the power of the enemy, never go for unlawful earnings, and know that you can trust Al-Wakeel because He will manage your affairs in the way best for you! Be inspired by what Ibraheem ‘alayhi sallam said when he was thrown in the fire: Allah suffices me, for He is the best disposer of affairs (hasbunallaahu wa ni’mal wakeel)!* Take the example of those who entrusted their souls to Al-Wakeel, like Haajar, when she was left in the desert with Ismaeel ‘alayhi sallam who said with true belief: Did your Lord order you to do so, then He shall not forsake us.

May Allah make us among those that trust Him and Him alone, Trusting Him in times of ease and hardship. Ameen

*Hadith 1 of An Nawawi*

Standard
*Hadith 1 of An Nawawi*

It is narrated on the authority of Amir al-Mu’minin (Leader of the Believers), Abu Hafs ‘Umar bin al-Khattab (may Allah be pleased with him), who said: I heard the Messenger of Allah (peace be upon him), say:

“Actions are according to intentions, and everyone will get what was intended. Whoever migrates with an intention for Allah and His messenger, the migration will be for the sake of Allah and his Messenger. And whoever migrates for worldly gain or to marry a woman, then his migration will be for the sake of whatever he migrated for.”

Related by Bukhari & Muslim

*Brief commentary*

Every conscious, “free-willed” act has an intention behind it that is driving it and bringing it about. A person will achieve whatever he intended. If he intended good, good will

come about. If he intended evil, evil will come about- that is, the result will be evil for him.

If a person does a proper deed solely for the sake of Allah, his purpose would have been met and the deed would be accepted by Allah. Even such noble deeds as emigrating, that should be done for the sake of Allah, may be performed with a less noble intention. In such cases, the person will only get what he intended.

This world and the opposite sex in particular are two aspects that drive a person to perform certain deeds. They can have great influences over a person, to the extent that one may even perform noble deeds not for the sake of Allah but for their sake.

May Allah give us to ability to perform all acts of worship solely for his sake.

BLOOD FLOW AFTER PERFORMING GHUSL

Standard
BLOOD FLOW AFTER PERFORMING GHUSL

💫 *Fatwa Regarding Women*

*Topic: BLOOD FLOW AFTER PERFORMING GHUSL*

*Question*

I notice that when I perform Ghusl after the monthly period-which lasts for five days-sometimes a very small amount of blood comes out, and this occurs immediately after I make

Ghusl; after this, nothing comes out

So I don’t know whether I should just consider my course as being five days, and not to count the extra, then pray and fast, assuming there is no obligation upon me in this regard, or should I consider that day to be one of the days of my course, and not pray or fast on it…

bearing in mind that this does not always happen to me, only about every two or three cycles? I request you to inform me.

*Answer:*

If what is discharged from you after performing Taharah is *yellow, or brown in colour*, it is *NOT considered* to be of any importance: in fact, its ruling is the same as that of urine.

However, if it is clearly blood, then it must be considered to be form the menstrual cycle, and you must repeat the Ghusl after it stops,

according to the authentic narration of Umm ‘Atiyyah, may Allah be pleased with her, – one of the Companions of the Prophet (peace be upon him ) – who said:

*”We did not consider yellow and brown discharges after menstruation to be anything.*

” [Al-Bukhari no. 326 and Abu Dawud no. 307]

Source of:

Shaykh `Abdul-`Azeez Bin Baz.

*#DeensisterS*

Kindly re-broadcast