Wednesday, 22 February 2012

She thinks her husband’s beard is untidy; is she sinning if she asks him to remove it?

A wife thinks that her husband’s beard is unattractive and not tidy. Can she ask him to remove it? Is she sinning if she does that?.

Praise be to Allaah.
It is haraam for the man to shave his beard or shorten it, because of the evidence which enjoins letting it grow. 
See the answers to questions no. 110642 and 100909. 
What the believer is required to do is submit to the command of Allah, may He be exalted, and the command of His Messenger (blessings and peace of Allah be upon him), and not feel any reluctance in doing so, because Allah says (interpretation of the meaning):
“But no, by your Lord, they can have no Faith, until they make you (O Muhammad صلى الله عليه وسلم) judge in all disputes between them, and find in themselves no resistance against your decisions, and accept (them) with full submission”
[al-Nisa’ 4:65]
“It is not for a believer, man or woman, when Allaah and His Messenger have decreed a matter that they should have any option in their decision. And whoever disobeys Allaah and His Messenger, he has indeed strayed into a plain error”
[al-Ahzaab 33:36]. 
The husband has done well to let his beard grow without paying any attention as to whether it is attractive or not. 
It is not permissible for the wife to ask her husband to shave it or shorten it, and she is sinning if she does that, because it is a call to sin and going against sharee‘ah. 
Our advice to her is to accept this matter with an open heart, and to understand that obeying the command of Islam is something in which there is goodness, prosperity and success; the one who lets his beard grow is emulating the leader of the sons of Adam [the Prophet - blessings and peace of Allah be upon him] and the Prophets who came before him, and the Sahaabah and Taabi‘een and those people of goodness and virtue who followed them. Shaving the beard only became commonplace in recent times. 
Something that will help her to accept this is to understand that Allah tests His slaves with whatever He wills of good times and bad, as He says (interpretation of the meaning): “Everyone is going to taste death, and We shall make a trial of you with evil and with good. And to Us you will be returned” [al-Anbiya’ 21:35]. If she is put off by the beard, or she does not like how her husband looks with it, let her be patient and put up with it, and she will be rewarded in sha Allah; it is sufficient for her to know that her husband wants to obey his Lord and follow His command. 
But we also advise the husband to pay attention to adorning himself for his wife with whatever he can of permissible things that are appropriate for men. This is one of the rights that she has over him, just as it is one of his rights that she should adorn herself for him, because Allah says (interpretation of the meaning):  “And they (women) have rights (over their husbands) similar (to those of their husbands) over them to what is reasonable” [al-Baqarah 2:228]. Ibn ‘Abbaas (may Allah be pleased with him) said: “I like to adorn myself for my wife, as I like her to adorn herself for me, because Allah, may He be exalted, says (interpretation of the meaning): ‘And they (women) have rights (over their husbands) similar (to those of their husbands) over them to what is reasonable’ [al-Baqarah 2:228]. But I do not like to take all my rights from her, because Allah, may He be exalted, says (interpretation of the meaning): “but men have a degree (of responsibility) over them” [al-Baqarah 2:228]. 
Narrated by Ibn Abi Shaybah (5/272) and al-Tabaraani in his Tafseer, 4/532. 
Al-Qurtubi (may Allah have mercy on him) said: 
The scholars said: With regard to men’s adornment, that varies according to their situation and they do that according to what is appropriate and brings harmony. Some kind of adornment may be appropriate at one time but not at others, or one kind of adornment may be appropriate for young men and some other kind for old men but not for young men. Do you not see that if the old man or the middle aged man trims his moustache, that befits him and is an adornment for him, but if a young man does that, it will look silly, because the beard has not grown yet and if he trims his moustache when it first appears, his face will look silly, but when his beard grows, if he trims his moustache, that is an adornment for him. It was narrated from the Messenger of Allah (blessings and peace of Allah be upon him) that he said: “My Lord commanded me to let my beard grow and to trim the moustache.” Narrated by Ibn Jareer and others; classed as hasan by al-Albaani. The same applies to clothing. All of that is part of fulfilling his duties towards his wife, so a man should do that on the basis of what is appropriate and brings harmony, and he should adorn himself for his wife in a way that makes her happy and keeps her chaste so that she is not tempted by other men. 
The same applies to kohl for men; there are some for whom it is befitting and others for whom it is not befitting. As for perfume, using the miswaak, cleaning the teeth, removing excess hair, circumcision and clipping the nails, this is appropriate for all. End quote. Tafseer al-Qurtubi, 3/124. 
To sum up: It is not permissible for the wife to ask her husband to remove his beard, because that is telling him to disobey Allah. But the husband has to adorn himself for his wife by combing his beard, keeping it clean and perfuming it, and using whatever permissible means of adornment are appropriate for him. 
And Allah knows best.

Is the hair that grows beneath the eye part of the beard?

I would like some guidence regarding the beard. It is known and said by the Prophet (peace be upon him) that the beard is compulsory therefore it is a must. I wanted to know the hairs above the beard line, for example I have hairs that grow below a thumb width below the eye, is it permissable to remove this?
I have read other questions on this, but I am stil in confusion.

Praise be to Allaah.
Firstly: 
The saheeh hadeeths indicate that it is obligatory to let the beard grow and it is haraam to shave it or cut it. 
The scholars of the Standing Committee for Issuing Fatwas were asked: What is the ruling on shaving the beard or trimming some of it? 
They replied: 
Shaving the beard is haraam, because of the clear saheeh hadeeths and reports that have been narrated concerning that, and because of the general meaning of the texts which forbid imitating the disbelievers. For example, in the hadeeth of Ibn ‘Umar it says that the Messenger of Allah (blessings and peace of Allah be upon him) said: “Be different from the mushrikeen: let your beard grow and trim the moustache.” According to another report: “Trim the moustache and let the beard grow.” And there are many other similar hadeeths. 
Letting the beard grow means leaving it as it is and leaving it alone, without shaving or plucking or cutting anything from it. Ibn Hazm narrated that there was consensus that cutting the moustache and letting the beard grow is obligatory, and he quoted as evidence a number of hadeeths including the hadeeth of Ibn ‘Umar (may Allah be pleased with him) quoted above, as well as the hadeeth of Zayd ibn Arqam, according to which the Prophet (blessings and peace of Allah be upon him) said: “Whoever does not trim anything from his moustache is not one of us.” Classed as saheeh by al-Tirmidhi. In al-Furoo‘ it says: This wording, “according to our companions” -- i.e., the Hanbalis -- implies that it is haraam. Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said: The Qur’aan, Sunnah and scholarly consensus indicate that it is enjoined to be different from the disbelievers and it is forbidden to resemble them in general terms, because resembling them on the outside leads to resembling them in blameworthy attitudes and actions, and even in beliefs, as it generates love and friendship on the inside; by the same token, love on the inside generates resemblance of the outside. Al-Tirmidhi narrated that the Messenger of Allah (blessings and peace of Allah be upon him) said: “He is not one of us who resembles people other than us. Do not resemble the Jews or the Christians …” According to another version: “Whoever imitates a people is one of them.” this was narrated by Ahmad. And ‘Umar ibn al-Khattab rejected the testimony of one who plucked his beard.  
Imam Ibn ‘Abd al-Barr said in al-Tamheed:
It is haraam to shave the beard, and no one does that except effeminate men (mukhannathoon), i.e., those who imitate women. The Prophet (blessings and peace of Allah be upon him) had a lot of hair in his beard, as was narrated by Muslim from Jaabir. According to one report, he had a thick beard and there is another report which is worded differently but the meaning is the same. It is not permissible to remove any of it because of the general meaning of the evidence which shows that doing so is forbidden.
End quote from Fataawa al-Lajnah al-Daa’imah, 5/133. 
Secondly: 
The beard is the hair on the cheeks and chin. 
Ibn Manzoor said, quoting from Ibn Sayyidihi: Lahyah (beard) is a word that includes the hair that grows on the cheeks and chin. 
End quote from Lisaan al-‘Arab, 15/243. 
And it says in al-Qamoos al-Muheet: Lahyah (beard) is the hair of the cheeks and chin. End quote. 
So what grows beneath the eye is not part of the beard. 
And Allah knows best.

It is makrooh to pluck grey hair from the head and moustache

Can I remove grey hair from my moustache?.

Praise be to Allaah.
Firstly: 
It is makrooh to pluck grey hair from the head or moustache, because of the hadeeths narrated from the Prophet (blessings and peace of Allah be upon him) concerning that, such as: 
The report narrated by at-Tirmidhi from Ka‘b ibn Murrah (may Allah be pleased with him) who said: I heard the Messenger of Allah (blessings and peace of Allah be upon him) say: “Whoever has one hair that turns grey in Islam, it will be light (noor) for him on the Day of Resurrection.”
Classed as saheeh by al-Albaani in Saheeh at-Tirmidhi 
In Musnad Ahmad and Sunan at-Tirmidhi (1635) it is narrated from ‘Amr ibn ‘Abasah (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever has one hair that turns grey for the sake of Allah, it will be light for him on the Day of Resurrection.”
Classed as saheeh by al-Albaani in Saheeh at-Tirmidhi. 
Al-Bayhaqi in Shu‘ab al-Eemaan narrated that ‘Abdullah ibn ‘Amr (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Grey hair is the light of the believer; no man turns grey in Islam but for each grey hair he will have one hasanah and he will be raised in status one degree.” 
Silsilat al-Ahaadeeth as-Saheehah, 1243. 
It was narrated that Abu Hurayrah (may Allah be pleased with him) said: Do not pluck grey hairs, for they will be light on the Day of Resurrection. Whoever has one hair that turns grey in Islam will have one hasanah for each grey hair and he will be raised one degree.” Narrated by Ibn Hibbaan. al-Albaani said in Silsilat al-Ahaadeeth as-Saheehah (3/247): Its isnaad is hasan. 
Ibn ‘Adiy, and al-Bayhaqi in Shu‘ab al-Eemaan, narrated that Faddaalah ibn ‘Ubayd (may Allah be pleased with him) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Grey hair is light on the face of the Muslim, so whoever wishes, let him pluck out his light.
Silsilat al-Ahaadeeth as-Saheehah, 1244 
These hadeeths indicate that it is makrooh to pluck grey hairs, whether from the head or the moustache. 
But if the grey hair is in the beard, it is haraam to pluck it. 
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked: What is the ruling on plucking grey hair from the head and beard? 
He replied: With regard to the beard or facial hair, it is haraam, because this comes under the heading of namas which refers to plucking the facial hair, and that includes the beard. It was proven that the Prophet (blessings and peace of Allah be upon him) cursed the woman who plucks facial hair and the one who has that done. And we say to this man: if you were to look for every hair that has turned white and pluck it, you would have no beard left, so leave what Allah has created as He created it and do not pluck anything. 
But if it is plucking hair from the head, that does not reach the level of being haraam because it does not come under the heading of namas. 
End quote from Majmoo‘ al-Fataawa, 11/123 
And Allah knows best.

How could he explain to a non-Muslim the reason why he grows a beard?

If a non-muslim asks me,why we keep beared?what should be my answer?.

Praise be to Allaah.
Firstly: 
Letting the beard grow and leaving it alone, is obligatory, as has been explained previously in several answers. Please see the answer to questions no. 1189, 127742, and 130695. 
Secondly: 
What you have to do if any non-Muslim person, no matter what his religion is, asks you the reason why you are growing a beard is to explain to him the shar‘i reason why you are doing that, which is that you are only doing it in obedience to Allah and His Messenger, and that the beard is one of the sunan al-fitrah, i.e., actions that are in accordance with sound human nature with which Allah has created His slaves who affirm His Oneness. 
Muslim narrated in his Saheeh (261) that ‘Aa’ishah (may Allah be pleased with her) said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Ten things are part of the fitrah: trimming the moustache, letting the beard grow, using the siwaak, rinsing the nose with water, cutting the nails, washing the finger joints, plucking the armpit hairs, shaving the pubes and washing the private parts with water.” 
Zakariya said: Mus‘ab said: I have forgotten the tenth, but it may have been rinsing the mouth with water.  
Imam an-Nawawi (may Allah have mercy on him) said: 
With regard to the fitrah, there was a difference of scholarly opinion as to what is meant by it in this case. Abu Sulaymaan al-Khattaabi said: Most of the scholars are of the view that it is the Sunnah (the way). This was also mentioned by a number of scholars other than al-Khattaabi, who said: What it means is that it is part of the ways of the Prophets (blessings and peace of Allah be upon them). And it was said that it is part of the religion.
End quote from Sharh Muslim by an-Nawawi, 3/147 
Al-Bukhaari (5892) and Muslim (259) narrated from Ibn ‘Umar (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) said: “Be different from the mushrikeen: let your beards grow and trim your moustaches.” 
“Let your beards grow” means: leave them alone. Fath al-Baari, 10/350. 
A matter like this is part of the religion, the Sunnah and the guidance of the Prophets. The individual should explain the ruling and present the evidence for it, even if the one who is asking the question is a kaafir. 
Muslim narrated in his Saheeh (386) that Salmaan al-Faarisi (may Allah be pleased with him) said: The mushrikoon said to us [according to Ahmad and others: One of the mushrikeen said to him when they were making fun of him]: I think that your companion is teaching you everything; he is even teaching you how to defecate!
Salmaan said: Indeed, he has told us not to clean ourselves using the right hand and not to face towards the qiblah (when defecating), and he has told us not to use dried dung or bones, and he said: “Do not clean yourselves using less than three stones.” 
See how this noble Sahaabi responded in this case having to do with the etiquette of relieving oneself and going to the toilet, without feeling any shame or embarrassment. 
Assuming that the one who asked him this question was mocking him, he turned the tables on him, as they say, and turned it into an opportunity to explain Islam to him. 
And Allah knows best.
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Monday, 20 February 2012

If a person has land and other property, does he have to pay zakaah on it?

If a person has land and other property that is not invested and that does not bring in any income or returns, does he have to pay zakaah on it?.

Praise be to Allaah.
No zakaah is due on this land and property unless he has prepared it for sale. 
The way in which its zakaah is calculated is that its value should be calculated after one (Hijri) year has passed, then one-quarter of one-tenth should be paid as zakaah, i.e., 2.5%. 
But if this property is prepared for a person to use, or he uses it for business purposes such as renting it out and the like, and he is not trading in it, then there is no zakaah on it in this case. 
Shaykh Ibn ‘Uthaymeen said, discussing the issue of zakaah on stores: 
Trade goods refers to wealth that is prepared for trade. The dealer does not seek these goods for themselves, rather he seeks their profits. Hence we are obliged to pay zakaah on their value and not on the goods themselves. 
So the phrase “trade goods” refers to anything that is prepared for trade, whatever type it is. This heading covers most of the things on which zakaah is to be paid, because it includes real-estate, fabric, vessels, animals, and everything else. 
Zakaah is obligatory on trade goods, and the evidence for that is as follows: 
1 – It is included in the general meaning of the verse in which Allaah says (interpretation of the meaning): 
“And in their properties there was the right of the Saa’il (the beggar who asked) and the Mahroom (the poor who does not ask others)”
[al-Dhaariyaat 51:19] 
And the Prophet (peace and blessings of Allaah be upon him) said to Mu’aadh ibn Jabal when he sent him to the Yemen: “Teach them that Allaah has enjoined upon them charity (zakaah) from their wealth, to be taken from their rich and given to their poor.” 
Undoubtedly trade goods are a kind of wealth. 
If someone were to say that the Messenger (peace and blessings of Allaah be upon him) said, “The Muslim does not have to pay zakaah on his slave or his horse,” our response would be yes, that is correct, but he did not say that there is no zakaah on trade goods that are not sought for themselves but are sought for their value. The phrase “his slave and his horse” refer to his own possessions, i.e., things that are his own property and that he uses and benefits from, like his horse, or his slave, or his clothes, or the house in which he lives, or the car that he uses even if it is for hire (i.e., a taxi). On all of these things there is no zakaah, because a person acquires them for his own use, and he does not acquire them in order to trade them in the sense of buying them today and selling them tomorrow.  Based on this, whoever quotes this hadeeth to say that there is no zakaah on trade goods is making a far-fetched claim. 
Secondly: 
The Prophet (peace and blessings of Allaah be upon him) said, “Actions are but by intentions, and each person will have what he intended.” If we were to ask the trader or businessman what he wants from this wealth, he would say “I want gold and silver.” 
If I buy the goods today and sell it tomorrow and make money on it, the objective is not to acquire the object itself at all. Based on this, we say that zakaah on trade goods is obligatory according to the texts and according to analogy, even though the texts are not specific, rather they are general in meaning. 
Al-Sharh al-Mumti’, 6/141-142 
Then he said, giving an example of that: 
A man bought a car in order to make money from it (i.e., to sell it and make a profit from it). This is trade goods whose value reached the nisaab and he intended to sell it when he bought it, so he has to pay zakaah on it. But if he bought the car in order to use it, then it occurred to him that he should sell it, then there is no zakaah on it, because when he took possession of it, he had no intention of doing trade. So he has to have the intention of doing trade at the moment when he acquires it. If he buys something for the purpose of trade but it does not reach the nisaab, and he does not have anything else he can add to it, there is no zakaah on it, because one of the conditions of zakaah is that the wealth should reach the nisaab. 
Al-Sharh al-Mumti’, 6/142. 
Shaykh Ibn Baaz (may Allaah have mercy on him) said: 
Land that is prepared for sale is subject to zakaah. The evidence for that is the well-known hadeeth narrated from Samurah ibn Jundub (may Allaah be pleased with him) who said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) commanded us to pay zakaah on everything that was prepared for sale.”  
But if the land is bought to keep, and not re-sale, whether it is intended for farming, housing, rental or whatever, there is no zakaah due on it because it is not being prepared for sale. And Allaah knows best. 
Majmoo’ Fataawa wa Maqaalaat Mutanawwi’ah li’l-Shaykh Ibn Baaz, 14/160 
And Allaah knows best.

Charitable funding within a family

Some people formed a co-operative whereby each male, old or young, pays one hundred dollars at the beginning of the year, so that the money is saved in case any of them has to pay diyah (blood-money) or is faced with some other disaster. Do they have to pay zakaat on this money each time a year has passed?

Praise be to Allaah.
If the situation is as you describe, and the money does not go back to the person who donated it according to the proportion that he donated, but is now no longer owned by any one of them and is to be spent only for the purpose for which they donated it, then there is no zakaat due on it. And Allaah knows best.

Zakaat on vegetables and fruits

If one has a garden in which vegetables and fruits are grown for his own purpose, is he required to pay 'ushr on its harvest?

Praise be to Allaah. 
Zakaat is not required on vegetables or fruits, because they are not measured or stored. Zakaat is, however, required on fruits that are measured and stored, such as dates, raisins, almonds, pistachios, But if they are not measured and are not stored – such as pomegranates, figs, peaches, melons and other fruits, and tomatoes, cucumbers and other vegetables – there is no zakaat due for them, because if they are stored they will be spoiled.
 It was reported from Abu Sa’eed al-Khudri (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “There is no zakaat due on grains or dates unless they reach the amount of five awsuq.” Narrated by al-Bukhaari, Muslim and others. This is if they are measurable, so it is more appropriate that no zakaat should be paid on things that are not measured at all.
 It was reported from ‘Ali ibn Abi Taalib in a marfoo’ report – and some said it was mawqoof – “There is no zakaat due on vegetables.”
 Moreover, neither the Prophet (peace and blessings of Allaah be upon him) nor his successors (al-Khulafaa’ al-Raashidoon) collected zakaah for fruits and vegetables. Although they were grown in their regions, there was no zakaah paid on them. This indicates that there is no zakaah to be paid for these things.
 And your garden is for your own personal use, not for business purposes, so it is definite that there is no zakaat required for the produce of this garden. But if it is for business purposes, and you keep the profit from it for one complete year, in this case you would have to pay zakaah on the money which you have had for one complete year. And Allaah knows best.