asalamualikum...
* Ramadaan 1427 = 2006 *
by *Shaykh Muhammad al-Maaliki حفظه الله *
on Saturday, October 14th, 2006
http://albaseerah.org/forum/showthread.php?t=4377
17. *Question:* I have read in a hadith that when we pass gas during salaah,
we leave the prayer, make wudū’ and come back and start from where we left
off. What do we do when we are praying in congregation as we leave the
prayer when we are in ruku’ and when we come back they are in sajdah, how do
we join the prayer in such a situation?
*Answer:* With regard to salaah as well as tawaaf, there are two different
opinions of the scholars. Some of the scholars have the opinion as was
mentioned i.e. when a person breaks his wudū’ he goes out and makes wudū’
then returns to where he stopped. This is one of the saying, but this
opinion is *not the best opinion* that the ‘Ulamaa take.
The *majority* of the ‘Ulamaa say that when you break your wudū’ you should
go and make wudū’ then come back and *do the prayer from the beginning* as
if you hadn’t done anything. So, if you are in the Jama’ah you join them
where they are and then you do what you missed. Even if you joined them in
the beginning and then you left and then returned, what you joined is
considered nothing (i.e. the part that you prayed with them before leaving
to make wudū’). This is the opinion that most of the *Muhaqqiqeen* take –
that once you break wudū’ the whole salaah is invalidated and you have to do
it again. Wallaahu A’lam.
As for tawaaf there are two equal opinions. Regarding the salaah one opinion
is weaker than the other, as I mentioned. But in tawaaf there are two equal
opinions. Some of the scholars say that you return to where you stopped, and
some say that you start again. But there is an opinion which some of the
‘Ulamaa take, they say that if you break your tawaaf at the *Hajr
Aswad*(Black Stone) i.e. at the beginning of the circuit, then you
start from
there and if you break anywhere else in the tawaaf then that (circuit) is
considered to be invalidated and you start from the beginning. But it is
better for you start from the beginning. Allaah won’t let your reward be
lost as there is no clear evidence for either of the two opinions of the
scholars. That is why I say it is better even in tawaaf that you start from
the beginning. Wallaahu A’lam.
18. *Question:* I have been pushed to lead the qiyaam by the Imaam of the
masjid for Ramadaan and also for the other salawaat. I do not want to lead
the salaah. I am not fit to do so as I don’t speak Arabic nor I know much of
tajweed. However the majority of the brothers in the masjid do not know
tajweed either including the Imaam. Am I permitted to decline or is it
proper for me to lead the Salaah?
*Answer:* Wallaahi yaa Akhi, this brother answered himself. He said in the
question that he is the best of the brothers there, even better than the
Imaam. So if this is the situation, the Prophet صلى الله عليه وسلم said:
يؤم القوم أقرأهم لكتاب الله
*The one who has most Qur’aan is the one who leads the prayer.*[49] This is
especially as the Imaam, the designated Imaam, is asking you to lead the
jama’ah, and the jama’ah wants you to lead the jama’ah, this is a great
reward yaa Akhi – lead the jama’ah and start improving yourself in the
Arabic language and learning the Qur’aan and tajweed. It seems that you are
the best of the brothers there, so you better lead the jama’ah. Wallaahu
A’lam.
19. *Question:* The question is from a brother who is unmarried and has a
sister he would like to marry but has not asked for that yet. He cannot seem
to stop thinking of her. He thinks of her too much. And because he thinks of
her too much when he urinates after waking up in the morning there is a
sperm in his urine and he did not ejaculate. So the sperm comes out with his
urine. He has two questions here. Is there a sin upon him for thinking about
a sister who is not married to her yet? And secondly does he have to do
ghusl after urinating and seeing sperm in his urine?
*Answer:* First of all, thinking of that sister who he is not married to,
can lead to a sin. I do not say that it is itself is a sin, because it might
be something uncontrollable, but you need to keep yourself busy with the *
dhikr* (remembrance) of Allaah, especially in those cases, you should say:
أعوذ بالله من الشيطان الرجيم
and continue doing *dhikr, tasbeeh, istighfar* etc.
وَمَنْ ْيَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجًا
*{…And whosoever fears Allâh and keeps his duty to Him, He will make a way
for him to get out (from every difficulty).}* [al-Talaaq 65:2]
My question is: why doesn’t he marry that sister if he loves her? If he
likes her he should marry her and that will end this kind of
*fitnah*(trial, distress).
The second thing is having sperm come out due to his thinking about her.
This means that he is not sleeping; he is awake and has control, so this can
be a kind of sin. If this man is married then let him listen to the advice
of Prophet صلى الله عليه وسلم who said:
إذا رأى أحدكم من امرأة ما يعجبه فليأتي أهله فإن الذي معها مثل الذي معها
The Prophet said:* “if one of you sees a woman and he is attracted to her
then let him go to his wife and enjoy her as his wife would have the same
thing that that the other woman has.”*[50] So if you have a wife you don’t
need to think of that woman, just do a lot of remembrance and seek
forgiveness. And when you see any woman, that woman or other than her and
you are sexually motivated then go directly to your house and enjoy your
wife. By doing that you kill the *fitnah* of Shaytaan, but if you keep
thinking and thinking then one day you will fall into sin.
So my advice to you is first of all, if she is not married then go and ask
for her in marriage and if she is married then this is very bad. You need to
desist from thinking about her, and even if she is not married you must stop
thinking of her and use your mind, your brain in remembering Allaah تعالى.
That’s my advice to you; and do a lot of remembrance and fear Allaah.
Wallaahu A’lam.
20. *Question:* I was in my menses for 15 days this month and it stopped. I
was told that I should have started prayer after 10 days but another sister
showed me some daleel that I should have started praying after 15 days. So
which one is correct? And also menses began again 6 days after it stopped
and I am again not praying. If my menstrual cycle remains this frequent with
so little days in between should I just pray? Please help me as I have not
prayed most of Ramadaan and I am fearful that I’ll miss most of this month
because of this erratic cycle.
*Answer:* First of all, this sister did not clarify if this is her first
menses. Did she just reach the age of maturity or has she been having her
menses all the time?
If she is a beginner regarding her menses and she doesn’t know her period
(the duration of her cycle) then we say look around at the women in your
family. What is usually the number of days for those with menses in your
family? For example, if it is 6 days then you use 6 days, count 6 days from
the beginning of the menses and after those 6 days take a shower (ghusl) and
consider that you are out of menses, and what remains is
*Istihaadah*(استحاضة – prolonged bleeding between menstrual cycles).
Then you must
*make wudū’ for every* prayer *in its time* i.e. for the obligatory prayer,
and you can pray with that wudū’ the sunnah for that salaah.
In the case where she is not a beginner, then we say that you would already
know how many days make up your menses period. Suppose they are 7 or 8, then
what exceeds that is considered *Istihaadah*. So, you take a shower (ghusl)
and then make wudū’ for every salaah in its time. If this blood returns
after 3-4 days as she says, or 6 days, then this would also be *Istihaadah*.
However, we also need to take into consideration the specifications of the
blood i.e. the color, the thickness and the smell. The blood of menses is
dark red, very dark red and it is very thick and smelly – it smells bad. So
if it has these three (characteristics) then it might be menses and maybe it
is extending the time. Some women have menses for 6 or 7 days for a certain
number of years and then suddenly it extends from 6 to 10 or 11 days. For
the first month she should wait and observe if the characteristics are the
same for the blood that continues. If it is then she should wait until the
entire 15 days finishes and the next month she looks, and if it’s the same
thing then maybe it is a correcting of the period of the menses of that
woman. If the third month it is the same, then it is regularly going to be
the same. But if one month it is 15 days, the second month 8 days and the
third month 10 days, then we say look to your old menses days and take the
number, consider that this is the number of days of your menses. Once this
number is passed take a shower (ghusl) and this (the remainder) will be your
*Istihaadah* and you can pray but you must make wudū’ for every prayer, and
you can fast. And if you have a husband he can enjoy you. Wallaahu A’lam.
21. *Question:* A brother and I had some work doing and the money was to be
divided equally. The brother started the work and went ahead and he didn’t
inform me that he had gone ahead and started the job. I arrived 2 days later
to find that 85% of the job was completed and I asked him why he worked. He
said that he needed the money and he started the job. And then I told him to
finish the job and I paid him the money. The question is was I still due
half of the money as was agreed upon at the beginning?
*Answer:* No, as long as the agreement was that you both would start the job
together and the profit would be divided in half between both of you, or any
certain percentage, it should adhere to the agreement as he is the one who
did not stick to the agreement and started earlier without informing you. So
he is the one who caused that and that is why he needs to share (the money).
He needs to divide it the same way you agreed upon. He cannot give you a
little, or (a proportion) from the time you started. No, he is the one who
did not stick to the agreement, he is the one who did not call you so he is
the cause of this mess and he has to divide between you both, whatever
profit he got from the time he worked without you. Wallaahu A’lam.
--
Masjid Ahlul-Quraan wa As-Sunnah of New york
http://www.seekknowledge.org
http://www.albaseerah.org
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