3. Ibn-Ul-Qayyim, may Allah have mercy upon him, also said: "What's obligatory upon the slave is to believe that all that take other than the religion of Islam as a a religion to be a disbeliever, and that Allah exalted is He doesn't punish anyone except after establishment of the evidences upon them through the Messenger, and this is generally, and what relates particulars is entrusted to Allah to the knowledge of Allah the mighty and majestic and His ruling, this is in what relates to the rulings of reward and punishment.

As for the rulings of the worldly life, then this is upon the outward of the affair, so the children of the disbelievers and their insane are disbelievers in what relates to the rulings of the worldly life, they take the ruling of their guardians ... Allah exalted is He doesn't punish anyone except after the establishment of the proofs upon them, as the most high said:

(وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا)
"And never would We punish until We sent a messenger."
[Al-Isra':15].    End of speech from <Tareekul-Hijratayn> (2/900).

[Page 36]

4. Imam, Ibn Baaz, may Allah have mercy upon him, said: "The Hadiths from the Prophet ﷺ are authentic, regarding the testing of the people of Al-Fatrah on the day of Judgement, and they are the ones who the Da'wah of the Messengers didn't reach, and those who take their ruling like the children of the Mushriks, based upon the statement of Allah the mighty and majestic:

(وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا)
"And never would We punish until We sent a messenger."
[Al-Isra':15]. End of speech

5. The Allaamah, Abdullah bin Muhammad bin Abdulwahaab, may Allah have mercy upon him, said in <Ad-Durar As-Saniyyah fil Ajwabit-najdiyyah> (7/145): "As for those that were worshipping idols and died before the appearance of this religion, then this one their apparent is disbelief, even though it could be possible that the evidences of the Message haven't been established upon them, due to their ignorance and the lack of there being who can notify them, because we rule upon the apparent, as for the rulling relating to the inward - then this is for Allah the most high, He will not punish anyone except after the establishing of the evidences upon them, as the most high said:

(وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا)
"And never would We punish until We sent a messenger."
[Al-Isra':15]. End of speech

6. The Allaamah, As-Si'di, may Allah have mercy upon him, said in his Tafseer, on the verse in Al-Isra': "Allah the most high is the most just from those that are just, He doesn't punish anyone until the evidences of the Message is established upon them, then they stubborn against the evidences, as for those that submit to the evidences, or those that the evidence of Allah the most high didn't reach, then Allah the most high won't punish them. This verse was used as a proof for that the people of Al-Fataraat, and the children of the Mushriks, won't be punished by Allah, until a Messenger is sent to them, as He is exalted and absolved from oppression". End of speech

7. The Allaamah, Saalih Al-Fawzaan, may Allah preserve him, said regarding the ignorant of Tawheed who is not negligent: "This one is excused, and they will be regarding the people of Al-Fatrah, they are not declared to be Muslims, but they will be from the people of Al-Fatrah - their affair is left to Allah:

(وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا)
"And never would We punish until We sent a messenger."
[Al-Isra':15]. End of speech from his explanation of "Ad-Dur An-Nadeed" by Shawkaani.

8. Shaykh Saalih bin Abdulazeez Aali Shaykh, may Allah grant him success, said: "So then have affairs connected to the outward, and other affairs to the inward: the inward is followed by some affairs in the Dunya like being fought - and the likes - after the establishing of the evidences.

And the inward is followed by rulings relating to the Hereafter, based upon the statement of the most high:

(وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا)
"And never would We punish until We sent a messenger."
[Al-Isra':15].

For this reason the people of knowledge have unanimously agreed upon that the people of Al-Fatrah being disbelievers and Mushriks, and they are not labelled with Islam". End of speech from the tape entitled <Al-Eemaan>.

And this is the way of the Imams in their usage of what they use this verse as an evidence for, and their establishment in the clarification of this is many, as a mention of a number of this has preceded in the first volume.


▪️▪️◾️▪️▪️

[Page 37]


Next page ⤵️
hottg.com/AbuHaatimEn/1427

بســـم اللــه الرحــمــن الـرحـــيــم

338◾️The ruling of picturing the deceased◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

The questioner is also asking about the ruling on taking pictures of the dead.

📤Answer:

If the intention is to photograph the deceased because they are dead, then this is an evil in addition to the evil of picture making.

Making pictures of animate beings is forbidden, and what is meant by picturing animate beings isn't that the soul has to be presented therein.

But what is meant is that this is a creation from creations of Allah in which He has placed a soul therein; Whether the souls are still present therein or if they have been taken. This is forbidden. And the evidences for this are many: "Indeed the most severest of the people punished on the Day of Judgement will be the picture makers". And similarly in the other hadith, it will be said to them: "Give life to what you have created".

The reasoning behind this also comes in other Hadiths: "Those who imitate Allah's creating".

And other affairs which point that impermissibility of picture making is not only that it's a means to Shirk and other than this, rather also it in and itself being impermisible. Because it contains a competing with the imitating of Allah's creation. This is why Imam Al-Najdi, may Allah have mercy on him, made a chapter in his book: "Kitaabut-Tawheed" entitled "The chapter on the prohibition of picture making", or the likes of this.

He placed it in "Kitaabut-Tawheed" due to the connection of picture making to Tawheed. And not just because it is a means to Shirk. Rather because it involves Shirk.

This is because picture making is from the affairs specific to Allah, and that those who falls into picture making of animate beings, has imitated Allah's creating, and picture making is from the affairs which are specific to Allah.

Now if we added picture making of the deceased, then this is an additional prohibition in addition to mere picture making, this is because the condition of a deceased person is not the same as that of a living person, such as there being changes in his facial features, colour, etc. This exposes the deceased which are being picture to being humiliated. And similarly they are also affecting their family, because the deceased has a right in what relates to themselves. And they have a right which is connected to their families, and before this there is also a right connected to Allah exalted is He.

Allah exalted is He said:
(وَلَقَدْ كَرَّمْنَا بَنِىٓ ءَادَمَ)
"And We have certainly honored the children of Adam".
[Al-Isra':70]

And exposing the dead to taking pictures with them is not honoring them, rather it is what contradicts honoring human beings.

This is the summary of the answer to this, in that this is impermissible.

Due to impermissibility of picture making, and due to the impermissibility of subjecting the deceased to humiliation, and also affecting the right of his family, and also - before this - the right of Allah exalted is He.


📁 س/ ما حكم تصوير الميت؟

____
Translated by:
Abu Ibraheem 'Abdullaah bin Ahmed Ash-Shingaani
hottg.com/AbuHaatimEn

Original fatwa:
hottg.com/youssefalgazairi/2706

The previous page ⬆️
hottg.com/AbuHaatimEn/1425

The tenth matter: Is there a difference in this subject matter  between the rulings of the Dunya and that of the Aakhirah, and between Disbelief -or Disbeliever- outwardly, and Disbelief -or Disbeliever- outwardly and inwardly, which of the two contains stipulation of the establishment of the evidences upon particulars?

I say seeking aid with Allah:

The clarification of this preceded in the first volume, in that the evidences made a difference between the two:

▪️As for the ruling of the Hereafter, and what relates to reward and punishment, then there is no punishment nor any torment except for those the evidences have been established upon, the most high said:

(وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا)
"And never would We punish until We sent a messenger."
[Al-Isra':15]

So whoever had the evidences established upon them, then Shirk is ruled upon them, and they are declared disbelievers outwardly and inwardly, as the clarification of this preceded.

As for those that died whilst ignorant of Tawheed without negligence or turning away - then they take the ruling of the people of Al-Fatrah, those that will be tested by Allah.

And the Shuyuukh of Islam, Ibn Taymiyyah - Ibn-Ul-Qayyim - Muhammad bin Abdulwahaab - Ibn Baaz, similarly other Imams of the Da'wah and those that tread their way, when they negate disbelief from particulars in this area and stipulated the establishing of the evidences - they only intend with this the outward and inward disbelief, which puts the application of the punishment into effect in the worldly life, and the ruling of torment in the Hereafter.

Shaykh-Ul-Islaam, may Allah have mercy upon him, clarified that the negation of Takfeer by the people of knowledge from those that new to Islam and those that are living in far remote places, who are thought to be truly ignorant, that they only intend with this the Disbelief which one is punished for. So this is not applied to particulars except after the establishment of the evidences, and that the verses which contain the negation of the punishment before the establishment of the evidences are only applied to this type of person.

Not what became confusing upon the opposers, who opposes the way of the people of knowledge in this subject matter, and put forth these verses for the establishment of evidences upon those that worship other than Allah to label them a Mushrik!!

Also in the clarification of this Shaykh-Ul-Islaam Ibn Taymiyyah, may Allah have mercy upon him, in <Sharh Umdatul Fiqh> (2/35) says: "topic: whoever rejects its obligation due to their ignorance - are to be told, and that rejecting it out of stubbornness is disbelief". This is a continuous basis is the five pillars of Islam, and in all the agreed upon manifest rulings of those who are culpable, if the rejecter is excused for this - like those new to Islam or those that are living in far away remote places, this is due to it thought that they could be ignorant due to this - they are not declared disbelievers until they are made to know that this is the religion of Islam, because the affairs of Disbelief and punishment are not affirmed except after the reaching of the Message, especially in what isn't known by just having intellect, Allah the most high said:

(وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا)
"And never would We punish until We sent a messenger."
[Al-Isra':15]

And the most high said:

(لِئَلَّا يَكُونَ لِلنَّاسِ عَلَى ٱللَّهِ حُجَّةٌۢ بَعْدَ ٱلرُّسُلِۚ)
"in order that mankind should have no plea against Allah after the Messengers".
[An-Nisaa':165]

And the most high said:

(وَلَوْ أَنَّآ أَهْلَكْنَٰهُم بِعَذَابٍ مِّن قَبْلِهِۦ لَقَالُوا۟ رَبَّنَا لَوْلَآ أَرْسَلْتَ إِلَيْنَا رَسُولًا)
"And if We had destroyed them with a punishment before him, they would have said, "Our Lord, why did You not send to us a messenger".
[Ta Ha:134]

And the most high said:

(وَمَا كَانَ رَبُّكَ مُهْلِكَ ٱلْقُرَىٰ حَتَّىٰ يَبْعَثَ فِىٓ أُمِّهَا رَسُولًا يَتْلُوا۟ عَلَيْهِمْ ءَايَٰتِنَاۚ)
"And never would your Lord have destroyed the cities until He had sent to their mother a messenger reciting to them Our verses".
[Al-Qasas:59]

And the most high said:

(لِأُنذِرَكُم بِهِۦ وَمَنۢ بَلَغَۚ)
"that I may warn you thereby and whomever it reaches."
[Al-An'am:19]

So the warning is by the Qur'an reaching in its wording or meaning, so if the Message reaches them through an intermediary or without an intermediary: then the evidence have been established upon them, and their excuse has been removed.

As for those that are living in the lands of Islam, from those that it's known that these rulings have reached them, then their statement: "I didn't know if this", isn't accepted from them, and they would be from those who rejected its obligation after knowledge has reached them, making them a disbeliever with a Disbelief which expels from the religion". End of speech

▪️As for the rulings of the Dunya, then they are upon the outward - by unanimous agreement, as will come.

So whoever was attributing to Islam or didn't attribute to Islam, from those that are ignorant of Tawheed, then they are rules upon with outward Disbelief, and they are called a Mushrik, and given the rulings of the Mushriks outwardly - in not eating what they slaughter or seeking forgiveness for them or inheriting from them or praying over them, and the likes of them.

And if they remain upon their Shirk after the establishment of the evidences upon them, then the punishment of permitting their blood and wealth is made applicable by the ruler.

▪️▪️◾️▪️▪️


[Page 38-39]

Next page ⤵️
hottg.com/AbuHaatimEn/1430

بسم الله الرحمن الرحيم

Many questions have reached us from our brothers the students of knowledge, enquiring regarding the promise of the book of our Shaykh Abu Hatim -may Allah ease him from his worries- surrounding the topic of "The excuse of the ignorant of Tawheed".

A delay has occured in printing due to various reasons but we give glad tidings that soon the book will come out printed complete in a one volume form.

With addition of many important topics and replies on doubts and defective usage of proofs, and clear statements from some of the Salaf and Imams in the establishment of this subject matter.

And Allah is the granter of success.

Your brothers in the administration of the group.

البينات الزاخرة

The previous page ⬆️
hottg.com/AbuHaatimEn/1428

So the ruling upon the outward is a fundamental principle in the legislation, unanimously agreed upon amongst the people of knowledge, whoever rules contrary to this - then they opposed the Book and the Sunnah and the way of the believers. As the Hadith of Umar, may Allah be pleased with him, in "the Sahih" points to wards, wherein he said: "The people were held to account by the revelation during the era of the Messenger of Allah ﷺ, but the revelation has discontinued, so now we only hold people accountable with what appears to us from their actions, whoever shows good to us we grant him safety and draw them close, and nothing of their private affairs is to us, Allah will hold them to account for their private affairs, whoever manifest bad to us then we don't give them safety nor will we trust them, even if it's said: "Their private affair is good".".

I said:

And the scholars [all of them unanimously agree upon that the rulings relating the Dunya are upon the outward affairs, and Allah is the caretaker over the private affairs]. As stated by Al-Haafidh Ibn Hajr, may Allah have mercy upon him, in "Fathul-Baari" (12/273).

And Ash-Shaatibi, may Allah have mercy upon him, said: "The basis of the ruling with the outward is that it's agreed upon in legislative rulings specifically, and in relation to creed of others generally". "Al-Muwafaqaat" (2/467).

Ibn-Ul-Qayyim, may Allah have mercy upon him, said: "Whoever rules upon people with contrary what shows from them, using as a proof that they manifested is contrary to what they have inwardly, by indication from them or with no indication: isn't free with me of being in contradiction to what's revealed and the Sunnah". "I'laamul-Muwaqi'een" (2/84).

So with this Hadith and other than it of proofs, it has become clear that those that manifest major Shirk are called a Mushrik, as this their action which they manifested, so how can they be a Muslim - when a Muslim can not be except someone who is a person of Tawheed?!

As Islam is submitting to Allah with Tawheed, and compliance to Him with been obedient, and being free from Shirk and its people.

And this individual is perpetrating the opposite, which is major Shirk, so how can these two things come together?!

▪️In the establishment of what preceded of the differentiation, Imam Ibn-Ul-Qayyim, may Allah have mercy you him, said: "A. Allah will rule between His slaves on the day of judgement with His wisdom and His justness, and he won't punish except those His evidences have been established upon through the Messengers, this is declared regarding the creation as a whole, as for Zaid or Amr individually, have the evidences been established upon them or not, this you can't come between Allah and His slaves in this, rather what's obligatory is that the slave believes:
- Whoever takes on a religion besides Islam, that they are a Disbeliever.
- That Allah exalted is He and the most high doesn't punish anyone except after the establishing of the evidences upon them through the Messenger. This is generally stating, as for particulars then this is left to the knowledge of Allah and His ruling, this is regarding rewards and punishment.
B. As for the ruling in the Dunya - then this upon its apparent affair, so the children of the disbelievers and their insane, are disbelievers in the ruling of the Dunya and they take the ruling of their caretakers, by way of this elaboration the confusion departs in the subject matter". <Tareeq Al-Hijratayn> (p.608).


[Page 40]

Next page ⬇️
hottg.com/AbuHaatimEn/1442

بســـم اللــه الرحــمــن الـرحـــيــم

339◾️The ruling of giving out Zakaat outside of the country where one resides◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

What's the ruling of giving out Zakaat outside of the country where one resides, to a student of knowledge who migrated out of their country, for example to the Yemeni students of knowledge outside of their countries.

📤Answer:

It has come in the "Two Sahihs" on the authority of Ibn Abbas, may Allah be pleased with him, that the Prophet ﷺ sent Muadh, may Allah be pleased with him, to Yemen [and it contains]: "If they obey you in this then inform them that Allah has obligated Zakaat upon them from their wealth, which is taken from their rich and given to their poor".

The apparent of this Hadith points to that the Zakaat is given to the poor of the country which the one who is giving the Zakaat resides in.

As [the neighbour of the money has more right to their Zakaat].

And through this all those that are in that land are sufficed with what they have of Zakaat, and through exporting it -without need or a legislative benefit- the people of that land remain being in need.

If there is a need in exporting it like, those deserving Zakaat being rare in the place of resident, or due to their relatives in their country of origin being in need, then they will have the quality of kinship alongside eligibility of the Zakaat, or due to the presence of Muslims who are more severe in need and being harmed in other than the place of residence, and other than this of legislative benefits.

Shaykh-Ul-Islaam, may Allah have mercy upon him, said as found in "Al-Ikthiyaaraat" (p.99): "If the Zakaat was transferred to those eligible in a ruled country, for example: for someone from Cairo was to be given what was collected in Egypt, then what's correct is that this is permissible. As the residents of that country are to be assisted from their farms, contrary to transferring from a province whilst the people of that place being in need of it.

And the Salaf said: [the neighbour of the money has more right to their Zakaat].

And they disliked transferring the Zakaat to the country where the ruler resides and elsewhere, so that all areas are sufficed with what they have of Zakaat, for this reason it was in the letter of Muadh bin Jabal: "Whoever moved to a province from another province then what he collects is in the province of his neighbours".

Provinces have what's called: Al-Mu'aamalah, and this is a person in charge and a judge, and they are who the ruler puts in charge to collect the Zakaat from their rich to give to their poor, and he didn't restricted it to the distance of two days, and there is no proof for the restricting the preventing of transfer of Zakaat to the distance of the shortening [of the prayer], and it is permissible to transfer the Zakaat and what takes its ruling for a legislative benefit". End of speech


📁 س/ ما حكم اخراج الزكاة خارج البلد المقيم فيه؟

____
Translated by:
Abu Ibraheem 'Abdullaah bin Ahmed Ash-Shingaani
hottg.com/AbuHaatimEn

Original fatwa:
hottg.com/youssefalgazairi/95

بســـم اللــه الرحــمــن الـرحـــيــم

340◾️The ruling of eating snails◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

What is the ruling on eating snails?


📤Answer:

The basis regarding things that are benefited from is that they are allowed, unless there is evidence that transfers away from this basis.

Based upon the statement of the most high:

(هُوَ ٱلَّذِى خَلَقَ لَكُم مَّا فِى ٱلْأَرْضِ جَمِيعًا ثُمَّ ٱسْتَوَىٰٓ إِلَى ٱلسَّمَآءِ فَسَوَّىٰهُنَّ سَبْعَ سَمَٰوَٰتٍۚ وَهُوَ بِكُلِّ شَىْءٍ عَلِيمٌ)
"It is He who created for you all of that which is on the earth. Then He directed Himself to the heaven, [His being above all creation], and made them seven heavens, and He is Knowing of all things".
[Al-Baqarah:29]

And the most high said:

(قُل لَّآ أَجِدُ فِى مَآ أُوحِىَ إِلَىَّ مُحَرَّمًا عَلَىٰ طَاعِمٍ يَطْعَمُهُۥٓ إِلَّآ أَن يَكُونَ مَيْتَةً أَوْ دَمًا مَّسْفُوحًا أَوْ لَحْمَ خِنزِيرٍ فَإِنَّهُۥ رِجْسٌ أَوْ فِسْقًا أُهِلَّ لِغَيْرِ ٱللَّهِ بِهِۦۚ)
"Say, "I do not find within that which was revealed to me [anything] forbidden to one who would eat it unless it be a dead animal or blood spilled out or the flesh of swine - for indeed, it is impure -  or it be that which is slaughtered as a sacrifice to other than Allah".
[Al-An'am:145]

The land snail is an animal that does not have a nafs saail, as it has no blood. And it is not considered a Mustakbath (bad despicable), such as for it to be aligned to what is considered Khabaaith and then be prohibited. Rather, it has numerous benefits.

As for the way it's slaughtered.
Imam Ibn Abu Zayd Al-Qayrawani, may Allah have mercy on him, said: "Ibn Habib said: "Maalik permitted the eating of snails, and he said: “It is slaughtered with the same action that kills locusts, which kills it, and what died from it without action is not to be eaten, and you mentioned Allah's name when you do that action to it, from boiling, or stabbing it with a needles, thorns, or other than this".". End of speech.

So based on the above, it is permissible to eat snails, and Allah knows best.

📁 س/ ما حكم أكل الحلزون؟

____
Translated by:
Abu Ibraheem 'Abdullaah bin Ahmed Ash-Shingaani
hottg.com/AbuHaatimEn

Original fatwa:
hottg.com/youssefalgazairi/117

بســـم اللــه الرحــمــن الـرحـــيــم

341◾️The ruling on a woman working outside from home out of dire necessity◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

The last question is regarding the ruling on a woman working outside her home if there’s no one to take care for her, her children, and their provisions.

📤Answer:

This the Salaf have repeated speech on it. Which is that a woman working outside her home; if it was out of dire necessity, such as being without an up-keeper for her and her children, due to the passing away of her husband, or an illness, and the like (of what legislatively falls into dire necessity), then it’s permissible in this case to work out of necessity.

However, on the conditions that when going out she covers to what Allah Aza wa Jal has commanded with, and also avoiding all types of scents which would draw her to great sorrows, such as perfumes and the like.

Likewise, from the types of clothes that lures (and is susceptible) to looking, that’s in relation to clothing. Furthermore, in relation to the work, is that it doesn’t involve Haram such as free-mixing, or the essence of it in itself is prohibited. So, if the work itself is permissible and alongside that her going out is not accompanied by anything of evil, then in this case it’s permissible for her to work out of necessity.

____
Translated by:
Abu Mālik Nāsir bin Rāshid Al-Ma’mary

hottg.com/AbuHaatimEn

Original fatwa:
hottg.com/youssefalgazairi/2720

(3) Reported by Ad-Daarimi in his "Muqadimmatus-Sunan" (No. 411), and our Shaykh said in "Al-Urf Al-Wardi" (p. 181): It is authentic, and it was reported by Al-Aajuri No. (62).
(4) It was reported by the authors of Sunan, and it is in "Sahih Al-Musnad" (No. 270) by Allaamah Al-Waadi’i, may Allah have mercy on him.
(5) Reported by Bukhari (432) and Muslim (777) on the authority of Ibn Umar, may Allah be pleased with them both.
(6) Reported by Bukhari (731) and Muslim (781) on the authority of Zaid bin Thabit, may Allah be pleased with him.
(7) Reported by Bukhari (999) and Muslim (700) on the authority of Ibn Umar, may Allah be pleased with them both.

____
Translated by:
Abu Ibraheem 'Abdullaah bin Ahmed Ash-Shingaani
hottg.com/AbuHaatimEn

Original fatwa:
hottg.com/youssefalgazairi/2806

بســـم اللــه الرحــمــن الـرحـــيــم

343◾️The ruling on accepting financial support from disbelieving governments◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

Is it permissible to accept financial aid and concessions given by disbelieving governments?

📤Answer:

It’s appropriate to be above that unless it was out of necessity or an urgent need, such that there’s not for them an act of favour over the Muslims, or it becomes a pathway to watering down Al-Wala wal-Bara.

For verily, the disbelievers do not give out aid for the Muslims except they have by way of that or behind it a particular intention (or motive).

Wallahul-Musta’aan.

____
Translated by:
Abu Mālik Nāsir bin Rāshid Al-Ma’mary

hottg.com/AbuHaatimEn

Original fatwa:
hottg.com/youssefalgazairi/12

بســـم اللــه الرحــمــن الـرحـــيــم

344◾️The ruling regarding health insurance◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

What’s the ruling regarding health insurance?

It works by paying a little amount (on a monthly or so basis), then if a person becomes sick of an illness, the governing body pays out financial aid?

📤Answer:

Voluntary insurance is prohibited as it’s a form of gambling.

____
Translated by:
Abu Mālik Nāsir bin Rāshid Al-Ma’mary

hottg.com/AbuHaatimEn

Original fatwa:
hottg.com/youssefalgazairi/12

بســـم اللــه الرحــمــن الـرحـــيــم

342◾️Is the Takbeeratul Ihraam and the Takbeeraatul Intiqaal made audibly or inaudibly?◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

Is the Takbeeratul Ihraam (the Takbeer which commences the prayer) and the Takbeeraatul Intiqaal (the Takbeers at transitioning in the prayer) performed silently or aloud in both the audible and inaudible units?
And Allah reward you with good.

📤Answer:

As for the Imam, it is recommended for them to pronounce this audibly during the audible and inaudible prayers so that the people can hear him so that they can follow him. Due to the action of the Prophet ﷺ, and his command in his saying: (Pray as you have seen me pray).

As for the one praying behind him; It is not permissible for him to do that because it would cause confusion to other people praying behind him. Because of the prohibition of the Prophet ﷺ, as it comes in the hadith of Abu Sa’eed Al-Khudhri, may Allah be pleased with him: (All of you are calling out to their Lord; so do not cause nuisance to one another, and do not raise over one another over others in recitation).

And so that they do not think it is the imam’s voice, so they become confused in the prayer.

Shaykh-Ul-Islaam conveyed the consensus that this is not legislated for someone who is praying behind an Imam without need.

I say:
Like if the person being led in prayer is relaying from the Imam so that those that are praying can hear, if they cannot hear the Imam due to weakness in his voice or illness.

As it comes in the hadith of Jabir found with Muslim and others, on the Prophet ﷺ, leading the people while he was ill, and Abu Bakr following his lead and relaying on his behalf.

As for those praying alone; then it is according to the situation, they should say it audibly in audible prayers and inaudibly in audible prayers, unless they are in the presence of those praying and those who are making remembrance of Allah, so as not to disturb them, or in the presence of sleeping people so as not to wake them up, and perhaps may do it a middle fashion with a low voice depending on the situation, as in the hadith of Al-Miqdad found with Muslim that the Prophet ﷺ, would come at night and greet with a greeting that does not wake the sleeping person, but would make someone awake hear.

And Allah is the granter of success.

📁 س/ هل تكبيرة الإحرام وتكبيرات الانتقال تكون بالسر أم بالجهر في كل من الركعات الجهرية والسرية؟

____
Translated by:
Abu Ibraheem 'Abdullaah bin Ahmed Ash-Shingaani
hottg.com/AbuHaatimEn

Original fatwa:
hottg.com/youssefalgazairi/1215

بســـم اللــه الرحــمــن الـرحـــيــم

345◾️Doubt about acts of worship after completing them is not taken into consideration◾️

Answered by Fadeelatushaykh Abu Hatim Yusuf Al-'Inaabi Al-Jazaa'iree - may Allah preserve him -

📥Question:

A man took a bath due to major ritual impurity, and after a few minutes he doubted whether he had washed his head or not, so he touched his head and did not find any wetness, and the rest of his body had water on it. He prayed five prayers in this state, then he intended to have a wash to remove the major ritual impurity on the second day.

The question is: Should he repeat these prayers?

📤Answer:

If after the finishing the washing there is doubt regarding it, then there is no attention paid to that, and their prayer is valid. The rule is: (Doubt about acts of worship after completing them is not taken into consideration).

If, after his wash, he was certain that he had not washed his head, yet he performed the five daily prayers in that state, he must repent to Allah for this action, and his prayer is invalid. Along with repentance, he must perform many voluntary prayers in order to make up for what he missed, and Allah is the granter of success.

📁 س/ رجل اغتسل من الجنابة وبعد دقائق شك هل غسل رأس أم لا فمس رأسه ولم يجد بللا حيث أن سائر جسده يوجد فيه ماء وصلى على حاله هذا خمس صلوات ثم نوى اليوم الثاني غسل الجنابة. والسؤال : هل يعيد هذه الصلوات ؟.

____
Translated by:
Abu Ibraheem 'Abdullaah bin Ahmed Ash-Shingaani
hottg.com/AbuHaatimEn

Original fatwa:
hottg.com/youssefalgazairi/2857

The previous page ⬆️
hottg.com/AbuHaatimEn/1430

▪️The statement of the sons of the Imam Muhammad bin Abdulwahaab: the Allaamah Hussein and the Allaamah Abdullah, and similarly the Allaamah Hamd bin Ma'mar - may Allah have mercy upon them all - whereby they were asked about those that died before the manifesting of the Da'wah of the Shaykh, may Allah have mercy upon him, so their reply was: "Whoever died from the people of Shirk before this Da'wah reached them, then the ruling upon them is that: if they were well known for doing Shirk and taking it as religion, and died upon this, then this ones apparent is that they died upon disbelief, so they are not supplicated for, nor slaughtered for, nor is charity given on their behalf, as for the reality of their affair, then it's to Allah the most high, if the evidences were established upon them in their lifetime and they were stubborn, then this one is a disbeliever outwardly and inwardly, and if the evidences were not established upon them in their life, then their affair is to Allah". <Ad-Durar As-Saniyyah> (10/142) and look in (10/136-138,142).

I said:
This is a clear implementation of the differentiation between the ruling of outward shirk upon the perpetrator of major Shirk who the Da'wah didn't reach, and between the ruling of outward and inward disbelief upon those who the evidences were established upon, and between the rulings in the Dunya and that of the Hereafter.

▪️The Allaamah Hamd bin Naasir bin Ma'mar, may Allah have mercy upon them all, said in clarification of this point in detail and clarifying the types of people in this: "A. Whoever was from the people of Jaahiliyyah, acting upon Islam and abstaining from Shirk, then they are a Muslim.
B. As for those who used to worship idols and died upon this before this religion manifested, then this one their apparent is Disbelief, even if it was possible that the evidences of the Message weren't established upon them, due to their ignorance and not having anyone to notify them, and because we are ruling upon what's apparent, as for the ruling upon the inward, then this is to Allah the most high, He won't punish anyone except after the establishment of the evidence upon them, as the most high said:

(وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا)
"And never would We punish until We sent a messenger."
[Al-Isra':15].

C. As for those that died whose condition are unknown, then this one we don't delve into, we don't rule Disbelief nor Islam upon them, and this is not what we are held to account to do:

(تِلْكَ أُمَّةٌ قَدْ خَلَتْۖ لَهَا مَا كَسَبَتْ وَلَكُم مَّا كَسَبْتُمْۖ وَلَا تُسْـَٔلُونَ عَمَّا كَانُوا۟ يَعْمَلُونَ)
"That was a nation which has passed on. It will have [the consequence of] what it earned, and you will have what you have earned. And you will not be asked about what they used to do".
[Al-Baqarah:134]

So whoever was a Muslim Allah will enter them into Jannah, and whoever was a Disbeliever Allah will enter them into the hellfire, and whoever didn't have the Da'wah reach them, then their affair is to Allah, you have already come to know of the differing regarding the people of Al-Fataraat, and those who the evidences of the Message didn't reach". <Ad-Durar As-Saniyyah> (10/336).

I said:
Look at this Imam from the Imams of the Da'wah, how he declared Takfeer with outward disbelief upon the ignorant of Tawheed who attributes to Islam, based upon the basis of the ruling upon what's apparent, without taking into consideration the possibility of them being ignorant and the evidences not being established upon them.

Contrary to his ruling of Disbelief which one is punished for, here he stipulated the establishing of the evidences.

▪️And our Shaykh, the Allaamah, Yahya bin Ali Al-Hajoori, may Allah preserve him, was asked: "If we see a Muslim man doing major Shirk, but he's ignorant of this action due being new to the religion of Islam or grew up in a far remote place, so the evidences did not reach him.
What do we say? Do we expel him from the religion of Islam and apply the title Mushrik upon him, and treat him as a disbeliever before we establish the proof upon him or do we excuse him due to his ignorance?".

Whereby he replied, may Allah preserve him: "The Mushrik is a Mushrik. If he does what necessitates the ruling of Shirk being applied to him, he is ruled with it. And if he does Shirk it is ruled upon him with it, and his end result is to Allah. But for us is what is apparent from his actions and statements. People are not held to account except for what is apparent. The hearts are not examined as in the Hadith of 'Usaamah and as 'Umar, may Allah be pleased with him, said.

So whoever manifests good, they are judged according to what is apparent, and whoever manifests evil, they are judged according to what is apparent, and the end results of affairs are with Allah exalted is He and the most high if he is excused, if it as such that the evidence did not reach him, that is something else, as for whoever dies upon Shirk, it they have died upon what they are ruled upon". End. 26th Shawwaal 1443h
https://sh-yahia.net/show_sound_12176.html

[Page 41]

▪️ And Shaykh Saalih bin Abdulazeez Aali Shaykh, may Allah grant him success, said: "There are rulings relating to the dunya and there are rulings relating to the hereafter:
- The rulings relating to the dunya are in accordance to the apparent.
- The rulings relating to the hereafter is in accordance to the apparent and the inward.

There is nothing for the slaves except the apparent, and our lord majestic is He and the most high will take the inward to account, so if a group manifest disbelief, or a particular individual manifests Disbelief, then the scholars makes Takfeer of them as a particular (not just stating generally) if the conditions are met and the preventing matters are removed.

And whoever perpetrates Disbelief or perpetrates Shirk, regardless if they are excused or not excused, meaning the evidences are not established upon them, then they are a Disbeliever and a Musrik outwardly.

So whoever perpetrates Shirk is a Mushrik, because every newborn child is born upon the Fitrah (natural predisposition, and Allah the mighty and majestic has established the proofs of His one-ness in the souls and in what can be observed, and these proofs are an evidence against a person, in that they are not excused in the rulings relating to the dunya in committing Disbelief and Shirk, we intend when saying the rulings relating to the dunya what's connected to those that are culpable, and its connection to what they have commited of Shirk, in what relates to asking for forgiveness for them and slaughtering for them, and the likes of this.

As for the affairs which are to be returned to the ruler, like permitting their blood and wealth and battling, and the likes of this. This is only after warning and the establishment of the evidence.

So there is something connected to those that are culpable in what relates to them, and there is something what relates to the Imam.

So we have affairs which are connected to what's apparent, and other affairs which are connected to what's inward:
- The inward which is followed by some rulings of the Dunya like battling - and likes of this - after the establishment of the evidences.
- And the inward which is followed by some of the rulings of the Aakhirah, like the statement of most high:

(وَمَا كُنَّا مُعَذِّبِينَ حَتَّىٰ نَبْعَثَ رَسُولًا)
"And never would We punish until We sent a messenger."
[Al-Isra':15].

For this reason the people of knowledge unanimously agreed upon that the people of Al-Fatarah are disbelievers and Mushriks, and they are not labelled with Islam". End from the tape <Eemaan>.

And in the first volume a number of the establishments of the Imams in this has preceded.

And success is with Allah.

▪️▪️◾️▪️▪️

[Page 42]