Don’t be Bold to Issue Rulings of Shariah
Transcribed from the Islaahi Majlis conducted by Mufti Mohammed Desai on 06/07/2023
Difference between Eid-ul-Fitr and Eid-ul- Adhaa
On the day of Eid-ul-Fitr, we usually eat something sweet before proceeding for the Eid Salaah, whereas on the day of Eid-ul- Adhaa, we don’t consume anything before the Eid Salaah. Only after slaughtering our animal, we partake of the Qurbani animal in accordance to the Sunnah.
The question arises as to why the difference between the two. Some people regard this abstention from food until Qurbani has been concluded, as a fast on the day of Eid-ul-Adhaa.
The Hadith Sharif states, “Do not fast on these days (Eid-ul-Fitr, Eid-ul-Adhaa, and the 11th, 12th and 13th of Dhul Hijjah for these are days of eating, drinking and having relations with one’s spouse.”
On the day of Eid-ul-Fitr, we discharge the Sadaqatul Fitr before the Eid Salaah, so that the poor may fulfill their needs and celebrate the day of Eid, hence, we too conform with them by eating something before the Eid Salaah.
On the occasion of Eidul Adhaa, we share the Qurbani meat with them after the Eid Salaah, hence we conform with the poor and do not eat until our Qurbani is complete. It is Mustahab to keep 1/3 of the Qurbani for oneself, and share 1/3 of the animal with one’s relatives and 1/3 with the poor. In conclusion, on both Eids we conform with the poor – we only eat when they eat. This is the actual reason for the difference between the two Eids, and not the opinion as understood by many.
Hesitation in Issuing Fataawa
People boldly cite their opinions in various matters of Deen, yet the Sahaabah and true UIama were hesitant in issuing Fataawa. It is recorded in a narration recorded in Daarami that the most bold amongst you to issue Fataawa are the most bold to enter the Fire.
In the time of the Sahaabah Radiallahu Anhum, they were hesitant in answering any questions and preferred that another Sahaabi passes a verdict on the matter. Abdur Rahman bin Abi Lailah mentioned, “I met 120 Ansaar in this Masjid (Masjid-un-Nabawi) and if any of them were asked a question, they refrained from answering and passed it onto the next person.”
Aamir Shabi Rahmatullahi Alaihi was asked regarding the Fuqaha as to what their approach when people asked them questions. He said that they would not answer until the person had questioned all the people who were available, and finally returned to the first person. It was then that he would possibly receive an answer.
Hadrat Abdullah Bin Masood Radiallahu Anhu, who was the grand Mufti of this Ummah and the father of Hanafi Fiqh, was asked a question to which he had replied. Thereafter, he thought that the answer he had given wasn’t something he had heard from Nabi Salallahu Alaihi Wasallam. Even though his answer was correct he stated, “If the answer is correct, then this is from Allah Ta’ala, but if the answer is incorrect, then this is from my side and from Shaytaan.” Hadrat Abdullah Bin Masood was so careful when answering yet in our day, while a qualified Mufti is still contemplating the answer, others are giving their opinion.
Molana Abdul Hai Lucknowi Rahmatullahi Alaih, who was a great Alim who wrote kitaabs of a very high calibre, writes in the forward of Sharhul Wiqaayah that the text of Al-Ashbaah Wan-nazaa’ir is very concise, which could be a barrier in understanding the Masaa’il correctly. Hence, one is required to study the footnotes together with the actual Kitaab in order to understand correctly.
We should be very cautious in this matter and never issue an incorrect ruling based on our understanding, as we are accountable in the court of Allah Ta’ala on the day of Qiyaamah.
Hadrat Imaam Abu Yusuf Rahimahullah was a great Faqih as well as a great Wali of Allah Ta’ala. He would perform 200 Rakaats of Nafl Salaah daily. He was also the Chief Justice of his time. At the time of his death, Imaam Abu Yusuf was somewhat restless. Someone asked him with surprise that, being such a great Wali of Allah and Faqih of the time, how can he be in a state of fear at that time?
He replied that whenever he issued a Fatwa, he tried to be as just as possible. Once, a case came to him. On one side was a Muslim, and on the other side was a Kaafir. It is important to note that when a case is brought before a Muslim judge, then both parties should be treated equally, be it in seating, analysis etc. A Qadhi is subject to scrutiny therefore, he would not be able to accept a private invitation as he may later be accused of being bias. Imaam Abu Yusuf goes on to say that he gave the Muslim a better seating over the Kaafir and despite his ruling being just, he fears that he will be questioned in this regard. A person can never be sure of his outcome hence, he should engage in Dua and Istighfaar.
Etiquettes of Visiting Another Person’s Home
Allah Ta’ala states, “O people of Imaan! Do not enter any home except your own home, until you seek permission and make Salaam upon the people therein.”
The Ayah extracted from Surah Noor refers to the etiquettes of visiting someone’s home. Our Deen teaches us the best of character. It encourages a person to preserve his chastity and prohibits him from causing harm to others. We should keep in mind that indecency and immorality do not occur overnight. One of the main causes of indecency becoming rife is when the eyes fall in the wrong places.
Hence, in this Ayah, Allah Ta’ala commands us to make our presence known before we enter another person’s abode. A Sahaabi once came to Rasulullah Salallahu Alaihi Wasallam and entered upon him without seeking permission or making Salaam. Nabi Salallahu Alaihi Wasallam told him to go back out and make Salaam and then seek permission to enter. In another Hadith, Nabi Salallahu Alaihi Wasallam said: “Don’t give permission to anyone who doesn’t commence with Salaam.” The permission that one is seeking here is not for entering the home only, but rather one is seeking permission to look inside the home of another person.
The Ayah further states: “If you do not find anyone there, do not enter until you are permitted.” It could be that there is someone in the home but they didn’t respond, or if there isnt anyone in the home then too, you may not enter as you are using the property of another person without his consent which is incorrect.
The Ayah concludes, “And if you are told to return, then return as this is more pure for you.” This could be done verbally, where the inhabitant of the house asks you to come back at another time, or, via action where, after knocking three times, there is no response, it is an indication that one should return. The Hadith states: “If any one of you seeks permission three times and is not permitted, then he should return.” Sometimes we phone a person and we cause inconvenience by being persistent.
Looking into the Home before Permission is Granted
When Nabi Sallallahu Alaihi Wasallam would visit the home of a person, due to there being no curtain on the front door, he would make Salaam and stand either on the right or left side of the door, but never in front.
In our time, we have doors, but sometimes we leave it open. If a guest stands in front of the door, his gaze will fall directly into the home which is incorrect.
A Sahaabi visited Nabi Salallahu Alaihi Wasallam and was peeping at the master from a gap in the door.
Nabi Salallahu Alaihi Wasallam had something like a comb in his hand and was using it to scratch his Mubaarak head. When Nabi Salallahu Alaihi Wasallam later found out about this, he said: “Had I seen you doing this, I would have injured your eyes with this (comb).” This shows the seriousness of the matter.
In another Hadith, Nabi Sallallahu Alaihi Wasallam said: “Three things are not Halaal; an Imaam who leads the congregation and thereafter makes dua, but then leaves the congregation and makes Dua for himself, he has deceived his congregation. A person who looks into the home of another person without seeking permission- this is also deception. A person who has an urge to relieve himself but commences his Salaah.” By looking into the home of a person is like entering the home without permission.
Introducing Oneself at the Door
Hadrat Jaabir Radiallahu Anhu narrates that he once came to Nabi Salallahu Alaihi Wasallam to pay a debt. When he arrived, Nabi Sallallahu Alaihi Wasallam asked: “Who is there?” Jaabir Radiallahu Anhu replied: “It is me.” Nabi Sallallahu Alaihi Wasallam replied with abhorrence, “Me! Me!” The term ‘me’ could refer to anyone, hence introduce yourself properly.
Seeking Permission from one’s Mahaarim
Ata Bin Yasaar Rahimahullah narrates that someone asked Nabi Salallahu Alaihi Wasallam if they should seek permission to enter at their mother’s house. Nabi Salallahu Alaihi Wasallam replied that he should do so. He asked further, saying that he lived with his mother so should he still request permission. Nabi Salallahu Alaihi Wasallam replied that he should do so, even if he lived with his mother. The person then said that he is serving his mother, going in and out, so should he still seek permission. Nabi Salallahu Alaihi Wasallam replied that he should, or would he like to see his mother in an inappropriate state? He replied that he wouldn’t. He said, “Therefore, one should seek permission to enter.”
Hadrat Abdullah Bin Masood Radiallahu Anhu went to that extent where he would cough or stamp his feet outside his own home to alert his wife that he had returned. The Ulama have written that it is Mustahab to do this for several reasons; you could have arrived earlier than expected; or perhaps the neighbour’s wife is visiting and your gaze might fall on her due to entering without informing them first.
Seeking permission extends to women visiting women, so that one woman doesn’t see another woman in an inappropriate state. It is mentioned that four women used to visit Hadrat Aisha Radiallahu Anha and they would seek permission before entering, and only thereafter would they enter. These are etiquettes taught to us in Deen, but sadly we are negligent in these matters. May Allah Ta’ala grant us the Taufeeq to practice on these noble teachings, Ameen!