Looking after sick mother instead of going to Hajj.

Q: if someone is going to perform hajj and her mother is so sick that he cant leave her alone at home. and mother also dont want him to go.... so in this situation what should he do.should he leave her alone and go ?????? 

A: All-Praise is due to Allah,

If the mother of the mentioned person is sick and has no one other than him to nurse and serve her, then he should postpone going for Hajj, especially if she does not permit him (to go for Hajj) because she needs him. Jurists have stated that one should not go for Hajj if he fears that his parents would be harmed. It was stated in Radd Al-Muhtaar ‘ala Ad-Durr Al-Mukhtaar by Ibn ‘Aabideen Al-Hanafi: "Traveling for the purposes of trade or offering Hajj and ‘Umrah is permissible without taking (parents') permission unless one fears that they will be harmed." [End quote]

It was stated in the Fataawa of Shaykh Ibn 'Uthaymeen : "It is not permissible for the children to obey their fathers or mothers in neglecting Hajj if it is something obligatory upon them; as there is no obedience to a creature in disobeying the Creator, unless the fathers or mothers have a legitimate excuse to prevent them. If this is the case, children are obligated to postpone offering Hajj until the excuse for postponement is removed." [End quote]

There is absolutely no doubt that the sickness of the mother and her need of someone to take care of her is an excuse that allows her son to postpone offering Hajj and he will not be sinful.

Allaah Knows best…

Islamweb Fatwa: 215467.

Ruling on Witr Prayer.

Q; Is witr prayer obligatory ? Because I use to miss it thinking it is not obligatory.

A; All-Praise is due to Allah,

Witr prayer is Sunnah mu’akkadah (a confirmed suunah) according to the majority of scholars, and some of the fuqaha’ regarded it as obligatory. 

The fact that it is not obligatory is indicated by the hadeeth narrated by al-Bukhaari (1891) and Muslim (11) from Talhah ibn ‘Ubayd-Allaah (may Allaah be pleased with him) who said: A man came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: “O Messenger of Allaah, what prayers has Allaah enjoined on me?” He said: “The five prayers, unless you do anything voluntarily.” The version narrated by Muslim says: “Five prayers every day and night.” He said: “Do I have to do anything else?’ He said, “No, unless you do it voluntarily.” 

Al-Nawawi said: 

This indicates that Witr prayer is not obligatory. End quote. 

Al-Haafiz said in al-Fath: 

This indicates that no prayers during the day and night are obligatory apart from the five prayers; this is contrary to the view of those who say that Witr or the two Sunnah rak’ahs of Fajr are obligatory. End quote. 

However it is the most confirmed Sunnah and was enjoined by the Prophet (peace and blessings of Allaah be upon him) in more than one hadeeth. 

Muslim (754) narrated from Abu Sa’eed (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “Perform Witr before morning comes.” 

Abu Dawood (1416) narrated that ‘Ali (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “O people of the Qur’aan, pray Witr, for Allaah is One and loves that which is odd-numbered.” Classed as saheeh by al-Albaani in Saheeh Abi Dawood. 

Hence we should continue to offer Witr prayer regularly, whether travelling or not, as the Prophet (peace and blessings of Allaah be upon him) used to do. Al-Bukhaari (1000) and Muslim (700) narrated that Ibn ‘Umar (may Allaah be pleased with him) said: The Prophet (peace and blessings of Allaah be upon him) was on a journey, atop his mount, whichever direction it was facing, gesturing the motions of the night prayer, except the obligatory prayer, and he prayed Witr atop his mount.” 

Ibn Qudaamah (may Allaah have mercy on him) said: Witr is not obligatory. This is the view of Maalik and al-Shaafa’i. Abu Haneefah said: it is obligatory. Then he said: Ahmad said: Whoever omits to pray Witr deliberately is a bad man, whose testimony should not be accepted. He wanted to emphasize that it is confirmed because of the ahaadeeth which say that it is enjoined and encouraged. End quote from al-Mughni, 1/827 

The scholars of the Standing Committee were asked: Is Witr prayer obligatory, and will the one who prays it on some days and not on others be punished for that? 

They replied: 

Witr prayer is Sunnah mu’akkadah (a confirmed Sunnah) which the believer should adhere to. Whoever prays it on some days and not on others will not be blamed for that, but he should be advised to pray Witr regularly. It is prescribed to pray two rak’ahs during the day instead if a person misses it, because the Prophet (peace and blessings of Allaah be upon him) used to do that, as it was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: If sleep or sickness kept him from praying at night, the Prophet (peace and blessings of Allaah be upon him) would pray twelve rak'ahs during the day. Narrated by Muslim in his Saheeh. The Prophet (peace and blessings of Allaah be upon him) usually prayed eleven rak’ahs at night, saying the salaam after each two rak'ahs then praying one rak'ah on its own. But if sleep or sickness kept him from doing that, he would pray twelve rak’ahs during the day, as ‘Aa’ishah (may Allaah be pleased with her) stated. Based on this, if a person usually prays five rak’ahs at night but he sleeps or misses them for any other reason, it is prescribed for him to pray six rak’ahs during the day, saying salaam after each two rak’ahs. If his habit is to pray three rak’ahs, then he should pray four rak'ahs with two salaams, and if his habit is to pray seven rak’ahs, he should pray eight with the salaam after each two rak’ahs. End quote. 

Fataawa al-Lajnah al-Daa’imah, 7/172.

Islam Q&A Fatwa: 36793.

And Allah knows best... 

Seeking parent permission to engage in Jihad.

Q; Assalamu alikum. Brother I have a question troubling me for some time. I have read that jihad becomes fard on every able bodied Muslim when his Muslim land is occupied militarily. Afghanistan has been occupied for more than 11 years and it is clear jihad must be fard on surrounding countries. The question is that I want to join the jihad against the Nato oppressors but both my parents do not allow me. What should I do ? Please explain this clearly since I have been troubled for some time

A; All-Praise is due to Allah,

The basic principle with regard to jihaad is that it is fard kifaayah, i.e. if a sufficient number of people undertake this duty, then there is no sin on the rest of the community. If it is fard kifaayah, then the mujaahid is obliged to seek permission before going for jihaad. He has to seek his parents’ permission if they are Muslim, regardless of whether they are rich or not and regardless of whether they can do without his help or not, because the texts clearly state that he has to seek his parents’ permission. One such text was reported in al-Saheehayn from ‘Abd-Allaah ibn ‘Amr, who said that a man came to ask the Prophet (peace and blessings of Allaah be upon him) for permission to go for jihaad. He said, ‘Are your parents still alive?’ [The man said] ‘Yes.’ He said, ‘Then your jihaad is with them.’ Imaam Ahmad, Abu Dawood and Ibn Hibbaan narrated from Abu Sa’eed that the Messenger of Allaah (peace and blessings of Allaah be upon him) sent a man who had made hijrah from the Yemen back to his parents. He (the Prophet (peace and blessings of Allaah be upon him)) said, ‘Did they give you permission?’ [The man] said, ‘No.’ He said, ‘Go back to them and seek their permission, and if they give you permission, then go for jihaad, otherwise honour and respect them.’

The above applies in cases where jihaad has not become obligatory on every single person, i.e., fard ‘ayn. If jihaad becomes fard ‘ayn, then it is not obligatory to seek permission, because in the case of things which are fard ‘ayn, there is no need to seek the permission of anyone. Jihaad becomes fard ‘ayn when a person is in the battlefield, if the enemy invades a Muslim country, if the imaam appoints a person or urges him to fight, or if his particular skills are needed because he has good knowledge of military matters or weapons and so is needed by the mujaahideen, and there is no one else with this knowledge or these skills. 

Islam Q&A Fatwa: 5493.

And Allah knows best...

Wiping on shoes while performing Wudoo (ablution).

Q; Is it correct to wipe over the shoes pls check the arabic text, because jawrabyn means socks of cloth n khuffayn means leather socks but i have never heard about wiping over na'alyn meaning shoes. pls let me know the correct opinion.

A; All-Praise is due to Allah,

On the authority of Aws Ibn Aby Aws Al-Thaqafy, that the Prophet of Allah (ﷺ) made ablution and wiped on his shoes and ankles.

Reported by Abu Dawood: (160), and Sheikh Al-Albaani grades it authentic.

In another report Ali Ibn Aby Talib (may Allah be pleased with him) upon nullifying his Wudoo, made ablution and wiped on his shoes then took them off and Prayed.

Reported in Tamam An-Nusah: (87), and Sheikh Al-Albaani grades it authentic.

Narrated by Ibn U'mar (may Allah be pleased with him) that he would make Wudoo while wearing shoes and also wipe on them, and he would say: And this is what the Prophet of Allah (ﷺ) would do.

Ad-Dariyah: (1/87), and Ibn Hajr grades in its chain narration as being authentic.

Sheikh Al-Albaani (may Allah have mercy on him) said:

After knowing this it is not permissible for one to deny this concession that has been identified through the Hadiths ... especially through the affirmation of actions from among the Companions (may Allh be pleased with them). Thus as this was performed by Ali Ibn Aby Talib (may Allah be pleased with him) and as it was also performed by some of the Salaf As-Salaheen (may Allah be pleased with them all). 

End of quote from Al-Albaani's book: Tamam An-Nusah.

And Allah knows best...

Required distance for traveling to shorten Prayers.

Q; after travelling what distance Qasr (shortened prayers) is permitted??

A; All-Praise is due to Allah,
The majority of scholars (al-jumhoor) comprising the Maliki's and the Shafiei's and the Hanbali's have taken the opinion that the recognized distance for one who has undertaken its travel in shortening the prayer is four burud (an antiquated unit of distance), which is two average day's travel by heavily-loaded camels (equivalent to 88.7 km in distance). Among what they have quoted as evidence is what was authentically (sahih) narrated by Ibn Omar and Ibn Abbas (may Allah be pleased with them) that they used to shorten the prayers and break fasting at a distance of four BURUD. This quoted distance is approximate and not exactly limited as per the majority of scholars, and thus what is slightly less is exempted as well. End of quote.

See Islam Q&A Fatwa: 84.

And Allah knows best...

Zakaah on Jewelry and Land.

Q; Do we have to pay zakat to that much of gold which my mother or sister is using ?? and for some land ??
and please elobrate that statement " if these conditions are met"

A; Praise is due to Allah,
Zakaah is not prescribed for Jewelry according to the majority of Fiqh Scholars, as it has been narrated by five of the Companions Ibn U'mar, Jaabir, Anas, A'iesha, and Asma (may Allah be pleased with them). Thus among those were on this opinion are the Madhhab of Maalik, Ahmad Bin Hanbal, and Ash-Shaafi'ee. Also this was the opinions of Ishaaq Ibn Rahawi, Abu A'beed, Abu Thawr, and Ash-Shaa'bi.

As for paying Zakaah on land this all depends on the circumstances:

1. If the land is for the purpose of trading, i.e. the owner wants to gain profit by selling it, then one should pay Zakaah of this building. It is like trade goods, thus 2.5 percent of the value of the building should be given as Zakaah.

2. If the purpose of land is to benefit only from its rent then the Zakaah is due only on the rent if it reaches Nisaab and a complete lunar year passes after owning it.

3. If the building is for private use and one lives in it, there is no Zakaah on such land.

And Allah knows best..

Washing, Shrouding, & Praying on the deceased.

Q; Assalamualikum.......i want to know what is the correct way of giving bath to dead (including shrouding)? and how to offer funeral prayer? ..

A; All-Praise is due to Allah,
Washing a dead person has some rules and some good manners. First, anyone who wants to wash a dead person, has to conceal the dead's Awrah. So, he must cover the dead man between the navel and the knee. If the dead is a woman the women washing her must first cover her Awrah (front of women between the navel and the knee). Then the dead person's clothes are removed except that which covers the Awrah. It is likable that the dead person be concealed from the eyes of people while being washed and it is dislikable for anyone who is not helping in the washing to attend it. Then the corpse is placed on the washing bed or on an elevated place. Then the head of the dead person is tilted forward until the body almost in a seated position and his stomach is then squeezed carefully. After that water is poured on him/her thoroughly and the person doing the washing uses a piece of clothe in his hand to wash the dead's two outlets of impurities. He should not however touch the Awrah of any person aged 7 or more years unless wearing a covering for his hands. It is dislikable to touch any part of the body without screening the hands from directly touching the skin of the dead person.
He may then perform Wudu on him as the Prophet (Sallallahu Alaihi wa Sallam) said to those who washed his daughter: "Begin washing the dead by washing organs on the right, and those parts that are washed in ablution" [ al-Bukhari and Muslim ].
He should not put water in the deceased's nose or mouth but uses his wet fingers to wipe over his teeth and places them in his nostrils to clean them. His fingers should then be covered. Next he begins the washing starting by saying "Bismillah". The head and beard are cleaned with the foam of Sidr (lotus jujube). The Sidr is pounded and put in a receptacle with some water. Then, it is beaten by hand until it has a foam. Only the foam is used to clean the head and the beard as to avoid having residue stick to the hair. In fact, the foam does not contain any sediments.
Then the right side of the corpse is washed, then the left side, and finally the whole body three times, five times, or seven times or more, depending on the situation. But the number of washings has to be uneven as the Prophet (Sallallahu Alaihi wa Sallam) said: "Wash the dead body an odd number of times, that is, three, five, or seven, or more if you feel it is necessary" [ al-Bukhari and Muslim ].
During each washing one has to pass his hand over the stomach of the dead.Some camphor should be put in the last washing as the Prophet (Sallallahu Alaihi wa Sallam) said: "For the final washing, use some Kafoor or something from Kafoor. When you are finished, inform me" [ al-Bukhari and Muslim ].

Camphor has a good smell so it has a special effect on reducing the dead body's odor. There is no harm in using soap if there is need for it. Some scholars state that his nails should be cut and his mustache trimmed but his hair should not be combed but should be dried with a piece of cloth.
If some impurities come out of the dead body after the seven washing, then the outlet is filled with some cotton and the place is washed and Wudu is performed on the dead person. But if this impurity comes out after it has been enshrouded then the Ghusl is not done again. The hair of the woman is trussed in three junctions and let hang on her back.

Washing the deceased Muslim’s body, placing the shroud upon him, making the funeral prayer, carrying him and placing him in the grave are all community obligations (Fard Kifaayah). Martyrs in Islamic Jihad are not to be washed or placed in the shroud, but rather should be buried as they died and it is allowed to pray the funeral prayer upon them. The shroud of the Muslim male contains three sheets while the female’s shroud should be of five sheets: a loincloth, head covering, upper wrap and two over-all wraps. The Sunnah is for the Imam or a person praying alone to stand at the chest of the male and the middle of the female. One stands and says “Allahu Akbar” four times, raising his hands every time: in the first he says “Allahu Akbar” and seeks refuge in Allah, says “Bismillah” and reads only al-Fatihah silently; in the second he says “Allahu Akbar” and reads the salutations on the Prophet (); in the third he says “Allahu Akbar” and supplicates to Allah for the deceased; in the fourth he says “Allahu Akbar” and then stands a bit and then says “as-Salaamu alaikum” once on his right. It is not allowed to raise the grave above the level of the ground except a hand span, to put any type of plaster on it, to kiss it, to place incense near it, to write on it, to sit or walk on it, to place any kind of illumination on it, to circumambulate around it, to build a mosque on it, or to place a grave in a mosque. Moreover any tombs (or buildings) built over a grave must be demolished. There are no restrictions about the words of solace and condolences for the grieving relatives. A person may say, “A’dham Allahu Ajrak wa Ahsan Aza‘ak wa Ghafara li Maitak” (May Allah increase your reward and bestow goodness to you in your grief and forgive your deceased). He may say when consoling a Muslim who has lost a relative who was a disbeliever, “Adham Allah Ajrak wa Ahsan Aza‘ak” (May Allah increase your reward and bestow goodness to you in your grief).
It is obligatory for a person who knows that his family will wail over him upon his death to write a will advising them not to do so; otherwise, he may be punished by their wailing on him.
Imam Shaafi’i, said that it is disliked that one sits for the condolences, referring to the gatherings in which the family of the deceased waits for those who desire to visit them for condolences. Instead, they all should go about their business, whether men or women.
It is from the Sunnah to prepare food for the grieving family (since they are preoccupied by their grief) and it is disliked to eat of their food or to prepare food for the people who gather at their place.

Please see Islamweb Fatwa: 84697, and Explanation of the last tenth of the Quran, p: 124.

This is just a brief description of the Fiqh of Janaaza, for more details see Sayid As-Saabiq's book Fiqh-Us-Sunnah Chapter Funerals and Dhikr, please try the following link-

https://www.google.com.au/url?sa=t&source=web&cd=4&ved=0CEAQFjAD&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F64224213%2FFiqh-Us-Sunnah-Funerals-and-Dhikr&ei=zZUuUf6cF6ykige86IH4CQ&usg=AFQjCNFGil8V33xMar_WH30D2glVifg9SQ&sig2=g1WV8EVhyR-uLHm_TEDIww

Men's Hair.

Q; What length should a male grow his hair??

A; All-Praise is due to Allah,
Letting the hair grow long is not a Sunnah for which the Muslim will be rewarded, rather it is the matter of custom and tradition. The Prophet (peace and blessings of Allaah be upon him) both let his hair grow long and shaved it, and he did not say that there was any reward for growing the hair long, nor is there any sin in shaving it, but he commanded men to take care of their hair.

It was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Whoever has hair, let him take care of it.” Narrated by Abu Dawood, 4163; classed as hasan by al-Haafiz ibn Hajar in Fath al-Baari, 10/368.

It was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: I used to comb the hair of the Messenger of Allaah (peace and blessings of Allaah be upon him) when I was menstruating. Narrated by al-Bukhaari, 291.

The hair of the Prophet (peace and blessings of Allaah be upon him) came down to his earlobes, or between his ears and his shoulders, or it reached his shoulders. When his hair grew long, he would put it in four braids.

It was narrated from Anas (may Allaah be pleased with him) that the hair of the Prophet (peace and blessings of Allaah be upon him) reached his shoulders. Narrated by al-Bukhaari, 5563; Muslim, 2338.

Anas ibn Maalik (may Allaah be pleased with him) said: The hair of the Messenger of Allaah (peace and blessings of Allaah be upon him) came down between his ears and his shoulders. Narrated by al-Bukhaari, 5565; Muslim, 2338.

According to a report narrated by Muslim: The hair of the Messenger of Allaah (peace and blessings of Allaah be upon him) came halfway down his ears.

It was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The hair of the Messenger of Allaah (peace and blessings of Allaah be upon him) came down longer than his earlobes and shorter than his shoulders. Narrated by al-Tirmidhi, 1755; Abu Dawood, 4187; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

It was narrated that Umm Haani’ (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) came to Makkah and he had four braids. Narrated by al-Tirmidhi, 1781; Abu Dawood, 4191; Ibn Maajah, 3631; classed as hasan by Ibn Hajar in Fath al-Baari; classed as saheeh by al-Albaani in Mukhtasar al-Shamaa’il, 23.

Al-Haafiz ibn Hajar (may Allaah have mercy on him) said:

What is indicated by the hadeeth is that his hair usually came down to his shoulders, and sometimes it was so long that he wore it in braids, as was narrated by Abu Dawood and al-Tirmidhi with a hasan isnaad from Umm Haani’ who said: The Messenger of Allaah (peace and blessings of Allaah be upon him) came to Makkah and he had four braids. This is to be understood as referring to times when he was so preoccupied that he could not take care of his hair for a long time, such as when travelling and the like.

End quote from Fath al-Baari, 10/360.

This is something that was acceptable and usual according to the customs of that time. Customs vary and Muslims may be living in a place where people do not do that, or they regard the one who does that as imitating immoral people, so it should not be done.

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) said:

There is nothing wrong with letting the hair grow long. The Prophet (peace and blessings of Allaah be upon him) had hair that sometimes came down almost to his shoulders. Although in principle there is nothing wrong with it, nevertheless it is subject to tradition and custom. If custom dictates that this is not done except by a specific group that is traditionally known to be immoral, then those who are decent and of good character should not let their hair grow long, because it is customarily regarded by the people as something that is only done by those who are of low status and immoral. So the issue of whether men may grow their hair long is something that is permitted, but is subject to the customs and traditions of the people. If custom dictates that all people, noble and lowly alike, grow their hair long, there is nothing wrong with it; if it is done only by the lowest of people, then people of honour and status should not do it. No one should respond by saying that the Prophet (peace and blessings of Allaah be upon him) – who was the noblest of people and the highest in status – used to grow his hair long, because we can see that growing one's hair long is not a Sunnah or an act of worship, rather it is the matter of following customs and traditions.

Fataawa Noor ‘ala Darb
What your husband says about the Prophet (peace and blessings of Allaah be upon him) having four braids is correct, but that does not mean that this is a Sunnah for which a person will be rewarded, rather the customs of the people and what they are used to should be heeded. Customs are different now in most countries from what they were in the past.

Ibn ‘Abd al-Barr (may Allaah have mercy on him) said:

Nowadays no one braids their hair except soldiers who have long hair; people of righteousness, modesty and knowledge have turned away from this custom, until that has become one of their distinguishing features. Nowadays long hair has virtually become the characteristic of the foolish. It was narrated that the Prophet (peace and blessings of Allaah be upon him) said: “Whoever imitates a people is one of them – or will be gathered with them (on the Day of Resurrection).” It was said that it means whoever imitates them in their actions, or whoever imitates them in their appearance. This should be sufficient for you. This hadeeth refers to following the example of the righteous in whatever they do. Growing one's hair or shaving it will not avail anything on the Day of Resurrection, rather what counts will be intentions and deeds; a man whose head is shaved may be better than one who has hair, or a man who has hair may be a righteous man.

Al-Tamheed, 6/80 .

And Allaah knows best.

Islam Q&A Fatwa: 69822.

Missing Jumu'ah Prayer three times.

Q; What if one misses Jumu'ah three times.

A; All-Praise is due to Allah,
Missing out on Jumu'ah with no excuse is among the grievous sins of Islam and abounding it completely is Kufr. Without no doubt the Scholars have come to consensus that it is compulsory to attend the Jumu'ah Prayers unless you are among those whom the Sharia' has excused such as the ill, the traveler, and some say those whom are far distance from the Jumu'ah congregation are excused such as the one that lives in the desert and others that are similar. Other then those that are mentioned one has fallen into major sin and is required to repent from such an action.

Narrated from Ibn ‘Umar and Abu Hurayrah (may Allaah be pleased with them both) that the Prophet (peace and blessings of Allaah be upon him) said: “People should stop neglecting Jumu’ah prayers or else Allaah will place a seal over their hearts, then they will be among the negligent.” Narrated by Muslim, 865.

And the Prophet (peace and blessings of Allaah be upon him) said: “Whoever misses Jumu’ah three times out of negligence, Allaah will place a seal over his heart.” Narrated by al-Tirmidhi, 500; classed as saheeh by al-Albaani.

Al-Iraaqi (may Allah have mercy said: What is meant by : "negligent", is leaving it without any excuse, and what is meant by: "place a seal over his heart", that his heart becomes like that heart of a hypocrite.

Sheikh Abdul-Huqq said in Al-Lama'aat: The meaning to negligence (in the Hadith) is being lazy and not taking it seriously in its performance (attending Jumu'ah), and not by considering it as insignificant or unworthy for verily this is Kufr, thus the point to this all is its a great sin.

Ibn Al-Arabi (may Allah have mercy on him) said: What is meant by : "place a seal over his heart", is that there will be no good that enters his heart.

In conclusion one must strive to attending the weekly Jumu'ah Prayers to avoid such a grievous sin to be recorded on his behalf especially if one is abounding it and the five daily Prayers for verily this falls into the areas of Kufr and we seek refuge in Allah from that.

And Allah knows best...

Laughter nullifying the Prayer.

Q; Does laughing in prayer breaks wudhu?

A; All-Praise is due to Allah,

Laughter is known as one of the things that nullifies ones Prayer, as it was narrated by Jaabir Ibn Abdillah (may Allah be pleased with him) who said:

If one laughs in their Prayer then they should repeat their Prayer and not their Wudu.

Related by Ad-Daraqotni: (51), and was authenticated by Ibn Hajr in Fath Al-Baari: (1/336).

Thus this opinion is known among the majority of Scholars, Ibn Al-Mundhir said:

The consensus have stated that laughter in Prayer nullifies it.

Al-Ijmaa' (3).

Ibn Qudaamah said:

We do not know of any differences according to this matter.

Al-Mugni: (2/451).

As for the opinion of laughter nullifying Wudu this is the opinion of Abu Hanifa (may Allah be pleased with him). Hence his evidences came through Ahadith that were narrated on this matter. But according to the Scholars of Hadith all that was narrated on this have been graded as Da'eef (weak). Such statements were made from Imam Ahmad, An-Nawawi, Abi Ya'la, Al-Buyhaqi, and many more.

In conclusion the more revised Scholary opinion out of the two is that laughter nullifies ones Prayer and not Wudu as it has been narrated in the Sahih Hadith on the authority of Jaabir and the consensus of Scholars. Baring in mind with this issue that what it is meant by laughing is laughing out loud and not smiling, for very smiling in Prayer does not nullify ones Prayer.

And Allah knows best...

Adhan in the newborns ear.

Q; Is there any hadiths on adhan for a newborn baby… A; The ruling on performing Adhan in the right ear of newly born babies are Sunnah and preferred according to many scholars, based on the hadith which was narrated by Abi rafie' who said: " I saw the prophet (peace be upon him) performing the Adhan in the ear of Al-Hussain at the time he was born by his Mother Fatima ( May Allah be pleased with her)" [Sunan At-Tirmidhi: section of Adhyaa; Hadith Number1514] And Imam Tirmithi said about it Hadith Saheeh, An-Nawawi says in Al_Majmoo'ah:8/434: Saheeh, Ibn Al-Mulqin said in Al-Badr Al-Munir: 9/348: Saheeh, and Al-Albaani grades it Hasan in his book of Irwa:1173. However, other scholars classified this Hadith as weak because of ( A'sim Bin O'baid Allah) who was calssified as weak. Although the majority of the Scholars of Hadith graded these Ahadith as weak this was an act that was done by Umar bin Abdulaziz and Ibn Al-Munthir (May Allah be pleased with them) so I do not see the harm in doing so, further more it has been mentioned in Ibn Al-Qayim's book Tahfat Al-Mawlood fi Ahkaam Al-Mawlood p 31 : The significance of saying the Adhan and the iqamah in the ears of the child is that the first words he hears declare the greatness and majesty of Allah. The words of testimony are those which a man recites on embracing Islam. In other words, this is a pronouncement of the creed of Islam. Besides, at the sound of Adhan and iqamah, Satan distances himself. At this early age, the child is thus invited to Allah the Majestic, to Islam and to the worship of Allah. This call forestalls temptation by Satan and ensures an unblemished faith. Moreover, it is a forearming against Satan and temptation. End of quote. Many Scholars have said similar words as mentioned by Ibn Al-Qayim such Sheikh Ibn U'thaymeen , Bin Baz and others, but as for the Hadith on that mentions giving aqaamah in the left ear is fabricated and this is because in the isnad is Marwan b. Salim al-Ghifari and Yahya b. al-‘Ala’. Regarding Ghifari, Ibn Abi Hatim related from his father that he weakened him and said, “Munkar al-hadith, da’if al-hadith laysa lahu hadith qa’im.” To this, Ibn Abi Hatim inquired, “yutraku hadithuhu? [Are his hadith to be abandoned?]” To which his father relied, “la, bal yuktabu hadithuhu [No, in fact they are to be written.].” (al-Jarh wa al-Ta’dil 8/274) Also, Imam Bukhari said, “munkar al-hadith.” And it is known that what Bukhari intends by it is that it is not permissible to relate from him; Imam Bukhari is unique in what he intends by the phrase. And Hafiz Ibn Hajar said, “matruk (abandoned), and al-Saji and others accused him of fabricating.” (Taqrib al-Tahdhib 526) Thus according to some authorities, this Ghifari is accused of fabricating. In conclusion it is desirable for one to perform adhan in a newborn's ear because it has been quoted and acted upon by some of the Salaf and mentioned in the books of the four Imams, and if one decides to leave this act for the fact that it has been graded as a weak Hadith then this is also fine because they are both respected opinions recognized among the Scholars. And Allah knows best...

Exemption for Jumu'ah Prayer on the Day of Eid.

Q;just askin. . . . .eid prayer is sunnah, right? and Jumu'ah prayer is fardh, correct? then why exchange one for the other? if one had prayed in the eid, that should not substitute for the Jumu'ah which is fardh, am i correct on this? A;All-Praise is due to Allah, If the day of Eid occurs on Jumu'ah, then the prayer of Jumu'ah becomes no longer an obligation upon those who has performed the Eid prayer. They have the choice to perform it or leave it and instead offer the Zuhr prayer. The evidence for this ruling is the Hadith narrated from Zaid Bin Arqam who said: "The Prophet (Sallallahu Alaihi wa Sallam) prayed the Eid prayer, and then he gave an exemption concerning the Jumu'ah, saying, 'Whoever wishes to pray it may pray it'. [Reported by Imams of four books of Sunan and Imam Ibn Khuzaimah graded it as sound]. (See Islamweb: 83811) And Allah knows best...

The Ruling of Udhihyah (slaughtering)

Q;There is a situation. A friend of mine has bought an animal for Eid ul Adha for Rs. 71000 PKR. The animal is seriously sick now and has little chance of survival. What if the animal dies. My friend and his family is not at all in a situation to a buy another animal. The local Mufti told them that it will obligatory upon them to buy another animal no matter what, if this animal dies. Please respond soon, Assalam Alaoikum. A; All-Praise is due to Allah, The ruling of Adhiyah (slaughtering and animal on Eid) is Sunnah Muakidah (a confirmed Sunnah) and this is the more revised opinion from among the Scholars of Fiqh. Thus this is in accordance to the Sahih Sunnah that the Prophet (peace be upon him) slaughtered for those whom did not get the chance to slaughter. (Related by Ahmad; and Al-Albaani grades it as Sahih in his book of Iwaa: 1138 . Also in a Sahih Hadith reported by Abu Bakr and U'mar whom said that they would not slaughter on behalf of their families in the fear that people might think this is compulsory upon them, but yet we dislike those that leave it if they are able to do so. (Al-Irwaa Al-Ghalil: 1139; and Al-Albaani classes it as Sahih). So according to these Ahadith some of the Scholars ruled this as Sunnah, so in the case of your friend if he does not have the means to buy another animal to slaughter then he does not have to doso. Thus insha-Allah Allah will reward him with his intention as it has come in the Hadith of Sahih Muslim: 130, the Prophet (peace be upon him) said: Whomsoever has concern to do good and is unable to do so, verily he will be rewarded for its intention. Bear in mind that the animal even if it survives and remandes sick it is still not permissible to slaughter it because one of the conditions of the slaughtering is that the animal is in stabile good health. I ask Allah to accept your intention for following the Sunnah. And Allah knows best...

Second Congregation Prayer in the Masjid

Q;AsalamuAliakum can we say Akaamat 2 times in two gathering of same nimaz in the same masjid or if we pray som where else on the same adaan. MEANS if we pray nimaaz of zuhar and som persons came late and they start new jammad/jammat of zuhar, can they say akammat once again/have them say akammat once again. A All-Praise is due to Allah, Yes so long as it is not organized as a second congregation, other wise as you have described it is permissible as it was mentioned in a Fatwa: Some of the scholars say that the congregational prayer should not be repeated, i.e., they should pray individually. Some of them say that it should be repeated, and this is the correct view, and it is the view of the Hanbalis. The evidence for that is: Firstly: the hadeeth of Ubayy ibn Ka’b, according to which the Prophet (peace and blessings of Allaah be upon him) said: “For a man to pray with another man is better than his praying alone, and for him to pray with two other men is better than his praying with one other man. The more men there are, the dearer it is to Allaah.” Narrated by Abu Dawood (554) and al-Nasaa’i (843). This clearly shows that it is better for a man to pray with another man than to pray alone. If we say that there should not be another congregational prayer, this means that we are favouring the less-favoured choice (i.e., praying alone), and this is contrary to the text. Secondly: One day the Messenger (peace and blessings of Allaah be upon him) was sitting with his companions when a man came in after the prayer had finished, and he said: “Who will give charity to this man and pray with him?” One of the people got up and prayed with the man. Narrated by al-Tirmidhi (220). This clearly shows that the congregational prayer may be repeated after the regular congregation, because the Prophet (peace and blessings of Allaah be upon him) encouraged someone to pray with this man. (See Islam Q&A Fatwa: 87847) And Allah knows best...

Differences when traveling in when Eid begins.

Q; My husband started fasting in dubai according to its moon sighting, it is now his 25th fast Maa shaa Allaah... he is coming to his homeland on the occasion of eid.. the problem is he will leave the country before eid while in his homeland there will be more two days to go for eid in shaa Allaah unlike dubai... now the question is, shall he have to celebrate the eid according to his fasting period which is based on the dubai moon sighting, or have to continue the fasting with local people of his homeland??? May Allaah reward you for your help.. A;We put this question to Sheikh Ibn Uthaymeen (may Allah have mercy upon him) who said: If a person travels from a country where he fasted at the beginning of the month to a country where Eid al-Fitr comes later, he should continue his fast and not break his fast until they do. This is like the case where a person travels from his city to a place where sunset comes later; he should continue his fast until the sun sets even if that takes twenty hours, unless he breaks his fast because of traveling, as he is entitled to do. The opposite also applies, such as if he were to travel to a place where they have stopped fasting before he has completed thirty days – he should break the fast with them, and if the month was thirty days he should make up a day, and if it was twenty-nine days he does not have to do anything. He should make it up if he did less than a month, and if he did more than a month then he did more. And Allaah knows best. Majmoo’ al-Fataawa, 19.

Ruling on I’tikaaf.

Q;Assalamu Alaikum. Please I will like to about the rulings for I'tiqaf and the minimum days a person can perfom it. Thank you A;Praise be to Allaah. The guidance of the Prophet (peace and blessings of Allaah be upon him) with regard to i’tikaaf was the most perfect and moderate of guidance. Once he observed i’tikaaf in the first ten days of Ramadaan, then in the middle ten days, seeking Laylat al-Qadr. Then he was told that it is in the last ten days, so then he always observed i’tikaaf during the last ten days, until he met his Lord. On one occasion he did not observe i’tikaaf during the last ten days, so he made it up in Shawwaal and observed i'tikaaf during the first ten days thereof. This was narrated by al-Bukhaari and Muslim. In the year in which he died, he observed i'tikaaf for twenty days. Narrated by al-Bukhaari, 2040. It was said that the reason for that is that he knew his life was drawing to a close, so he wanted to increase his good deeds, to show his ummah how to strive hard in doing good deeds when the opportunity for doing so drew to close, so that they could meet Allaah in the best way. And it was said that the reason was that Jibreel used to review the Qur’aan with him once each Ramadaan, but in the year in which he died, he reviewed it with him twice, which is why his i’tikaaf was twice as long as usual. A more likely reason is that he observed i’tikaaf for twenty days in that year because the year before he had been traveling. This is indicated by the report narrated by al-Nasaa’i and Abu Dawood, and classed as saheeh by Ibn Hibbaan and others, from Ubayy ibn Ka’b who said: The Prophet (peace and blessings of Allaah be upon him) used to observe i’tikaaf during the last ten days of Ramadaan, but he travelled one year and did not observe i’tikaaf, so the following year he observed i’tikaaf for twenty days. Fath al-Baari. The Prophet (peace and blessings of Allaah be upon him) used to order that a kind of tent be pitched for him in the mosque, and he would stay in it, keeping away from people and turning to his Lord, so he could be on his own with his Lord in a true sense of the word. On one occasion he observed i’tikaaf in a small tent, and put a reed mat over the door. Narrated by Muslim, 1167. Ibn al-Qayyim said in Zaad al-Ma’aad, 2/90: All of this to achieve the spirit and purpose of i'tikaaf, and is the opposite of what the ignorant do, whereby the place of i’tikaaf becomes a place of gathering and meeting with people and chatting to them. This is one thing, and i'tikaaf as observed by the Prophet (peace and blessings of Allaah be upon him) is something else. He used to stay in the mosque the whole time, and not leave it except to relieve himself. ‘Aa’ishah (may Allaah be pleased with her) said: “He would not enter his house for anything except for a need when he was observing i'tikaaf.” Narrated by al-Bukhaari, 2029; Muslim, 297. According to a report narrated by Muslim: “Except for human needs.” Al-Zuhri interpreted this as referring to urination and defecation. He (peace and blessings of Allaah be upon him) made sure he remained clean. He would lean his head out of the mosque into ‘Aa’ishah’s apartment so that she should wash his head and comb his hair. Al-Bukhaari (2028) and Muslim (297) narrated that ‘Aa’ishah (may Allaah be pleased with her) said: “The Prophet (peace and blessings of Allaah be upon him) used to lean his head towards me when he was observing i’tikaaf in the mosque, and I would comb his hair, when I was menstruating.” According to a report also narrated by al-Bukhaari: “And I would wash it.” Al-Haafiz said: This hadeeth indicates that it is permissible to clean oneself, put on perfume, wash oneself, comb one’s hair etc (when in i’tikaaf). The majority of scholars are of the view that nothing is makrooh except that which it is makrooh to do in the mosque. When he was in i’tikaaf, the Prophet (peace and blessings of Allaah be upon him) did not visit the sick or attend funerals. This was so that he could concentrate fully on conversing with Allaah and achieving the purpose of i’tikaaf, which is to cut oneself off from people and turn to Allaah. ‘Aa’ishah said: The Sunnah is for the person in i'tikaaf not to visit the sick or attend funerals, or to be intimate with his wife. But there is nothing wrong with his going out for essential needs. Narrated by Abu Dawood, 2473; classed as saheeh by al-Albaani in Saheeh Abi Dawood. “or to be intimate with his wife” means intercourse. This was stated by al-Shawkaani in Nayl al-Awtaar. Some of his wives used to visit him when he was in i’tikaaf. When she stood up to leave, he would take her home – that was at night. It was narrated from Safiyyah the wife of the Prophet (peace and blessings of Allaah be upon him) that she came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and visited him when he was in i’tikaaf in the mosque, during the last ten days of Ramadaan. She spoke with him for a while, then she stood up to leave. The Prophet (peace and blessings of Allaah be upon him) stood up with her to take her home. Narrated by al-Bukhaari, 2035; Muslim, 2175. In conclusion, his i’tikaaf was moderate and not harsh. He spent all his time remembering Allaah and turning to Him in worship, seeking Laylat al-Qadr. See: Zaad al-Ma’aad by Ibn al-Qayyim, 2/90; al-I’tikaaf Nazrah Tarbawiyyah by Dr ‘Abd al-Lateef Balto, and Islam Q&A fatwa: 12658. The scholars differed as to the minimum length of time for i’tikaaf. The majority of scholars are of the view that the minimum length of time is a moment. This is the view of Abu Haneefah and Ahmad. See al-Durr al-Mukhtaar (1/445); al-Majmoo’, 6/489; al-Insaaf, 7/566. Al-Nawawi said in al-Majmoo’, 6/514: With regard to the minimum length of time for i’tikaaf, the majority stipulated that it must be observed in the mosque, and that it is permissible to do a lot or a little, even a hour or a moment. They quoted several reports as evidence for that: 1 – That i’tikaaf in Arabic means staying, and the word may be applied to a long period of time or a short one; there is no report in sharee’ah that defines it as being a specific length of time. Ibn Hazm said: I’tikaaf in the language of the Arabs means staying… any stay in the mosque for the sake of Allaah with the intention of drawing closer to Him is i’tikaaf… whether that is for a short time or a long time, because the Qur’aan and Sunnah do not specify any number or length of time. Al-Muhalla, 5/179 2 – Ibn Abi Shaybah narrated that Ya’la ibn Umayyah (may Allaah be pleased with him) said: I will stay in the mosque for an hour, and I am only staying to observe i’tikaaf. Ibn Hazm quoted this as evidence in al-Muhalla (5/179); it was quoted without comment by al-Haafiz in al-Fath. “Hour” here refers to a period of time but it does not mean an hour in the modern sense of sixty minutes. Some scholars are of the opinion that the minimum length of i’tikaaf is one day. This was narrated from Abu Haneefah and was the view of some of the Maalikis. Shaykh Ibn Baaz said in Majmoo’ al-Fataawa (15/441): I’tikaaf means staying in the mosque to worship Allaah, whether that is for a long time or a short time, because as far as I know there is no report to indicate a set time, whether one or two days or more. This is an act of worship which is prescribed in Islam unless one vows to do it, in which case it becomes obligatory. This applies equally to men and women. See Islam Q&A fatwa: 49002. And Allah knows best...

How to pay Zakaat with money.

Q;Assalamu alaikum wa rahamatullah.. i am in confusion with regards to our zakaah money.. we sent it at 2 places.. firstly we sent it to an orphanage,, they were in intention of building a masjid, so we thought they will use the money on it.. so we changed our intention as sadaqah and gave it simply cuz we made a word.. then we got to know that they used all the money on food.. so will this count as zakah?? secondly we have a neighbour.. they had some debt to a non muslim from 2 yrs and they were suffering humiliation..they wanted to clear their debt with installments but the nonmuslims refused.. so we cleared it in one time payment.. now these neighbours they do have money to cater their family needs but the debt was difficult upon them from 2 yrs..will this count as zakah or a charity?? so do we have to calculate our zakah all over again?? wassalaam A;All-Praise is due to Allah, It is obligatory to pay zakaah on cash if it reaches the nisaab, which is the equivalent of 597 grams of silver, and one full year has passed since acquiring it, even if it is kept for household expenses and other essentials, because of the general meaning of the words of the Prophet (peace and blessings of Allaah be upon him): “If you have twenty dinars and one full year has passed (since acquiring them), then half a dinar is due on them, and whatever is more than that is to be calculated on that basis.” Narrated by Abu Dawood (1573) and classed as saheeh by al-Bukhaari; al-Tirmidhi narrated it from him in his Sunan (3/16) and it was classed as saeeh by al-Albaani in Saheeh Abi Dawood. (See Islam Q&A Fatwa: 88757) With regard to zakaah, it is only to spent in eight ways which are specified by Allaah in the aayah (interpretation of the meaning): “As-Sadaqaat (here it means Zakaah) are only for the Fuqaraa’ (poor), and Al-Masaakeen (the poor) and those employed to collect (the funds); and to attract the hearts of those who have been inclined (towards Islam); and to free the captives; and for those in debt; and for Allaah’s Cause (i.e. for Mujaahidoon — those fighting in a holy battle), and for the wayfarer (a traveller who is cut off from everything)” [al-Tawbah 9:60] According to the verse that is mentioned above the first place that you spent your Zakaat is not valid and is considered as sadaqah, this is because it is not from among the eight people that are eligible for Zakaat donations. As for the second case in which you mention this is accepted as a Zakaat donation because it is among the eight in which Allah says: "...and for those in debt". If the money that you donated (To the orphanage) does not add up in accordance to what is been mention above then it is best to recalculate your funds and donate in accordance to the people that are mentioned in the verse. If your money does not total the required nisaab then you are excuse until it does so and you also must wait until one full year has passed since acquiring it, only then you may pay Zakaah. I ask Allah to except our deeds, and to increase us in knowledge. And He The All-Mighty knows best in all affairs...

Praying after the Witr Prayer.

Q;How abt offering taraweeh behind imam but then preserving witr so that v can offer it after our tahajjud? I remember one hadith wherein prophet pbuh said that last prayer should be witr ....wat say? A;All-Praise is due to Allah, It is mustahabb for the last prayer that a Muslim prays at night to be Witr, because the Prophet (peace and blessings of Allaah be upon him) said: “Make the last of your prayer at night Witr.” Narrated by al-Bukhaari, 998; Muslim, 751. This command from the Prophet (peace and blessings of Allaah be upon him) is in the sense of it being mustahabb and preferable, not in the sense of it being obligatory and compulsory, because it was proven in Saheeh Muslim (738) from ‘Aa’ishah (may Allaah be pleased with her) that the Prophet (peace and blessings of Allaah be upon him) used to pray two rak’ahs after Witr whilst sitting down. Al-Nawawi (may Allaah have mercy on him) said: The correct view is that he (peace and blessings of Allaah be upon him) performed these two rak’ahs after Witr sitting down, to demonstrate that it is permissible to pray after Witr, and to demonstrate that it is permissible to offer naafil prayers sitting down. He did not do that all the time, rather he did it once or twice or a few times. The well known regular Sunnah prayers mentioned in al-Saheehayn and elsewhere in reports from ‘Aa’ishah and from a number of the Sahaabah in al-Saheehayn state clearly that the last of the Prophet’s prayer at night was Witr. In al-Saheehayn there are many well-known ahaadeeth which enjoin making the last of one’s prayer at night Witr, such as “Make the last of your prayer at night Witr” and “Night prayers are two by two, and when you feel that dawn is approaching, pray one rak’ah”, etc. So how can anyone think, after reading these ahaadeeth and others, that the Prophet (peace and blessings of Allaah be upon him) regularly prayed two rak’ahs after Witr and made that the end of his night prayers? Rather what it means, as we have stated above, is that it is permissible to do so. This is the correct answer. Shaykh Ibn Baaz also said, explaining the reason why the Prophet (peace and blessings of Allaah be upon him) prayed two rak’ahs after Witr: The reason for that – and Allaah knows best – is to show to the people that it is permissible to pray after Witr. Fataawa Islamiyyah, 1/339 (See Islam Q&A Fatwa: 37729) And Allah knows best...

Which medicine to take during Ramadan.

Q;Assalamu alaikum. Pls answer this 4 me. I am very ill wiv a infection which makes me very weak i kept my fasts up til tuesday even when i had temperature of 39.3 which is vry high but alhamdulilah by Allahs grace i kept but yesterday n today i felt vry sick n weak so i broke my fast at 2pm. Today doctor gave me antibiotics which i have 2 take n i did i took 1 dose then after hours i read the box of medicine it said the capsules have gelatine in it now i need to know what i shud do coz i won't get better wiv out antibiotics? Pls answer asap thank vry much. A;All-Praise is due to Allah, Any medicine that contains Haram sources is not permissible to take because the Prophet (peace and blessings of Allaah be upon him) said: “Allaah does not put your cure in that which He has forbidden to you.” (narrated by al-Bukhaari in a mu’allaq report; al-Fath, vol. 1, p. 78) As in your case the question it is to be forwarded to the Pharmacist as to wether this medicine is of a pork gelatin origin or if it is of another source of gelatin such as beef or plant. If it is of those that are of the beef of plant based gelatin then this is ok to take. Most medicines these days in the West are clearly labeled with Halal certification. In conclusion what you must do is the following: 1) Find out if the medicine is pork, or beef, or plant gelatin, If it is form pork gelatin then ask the pharmacist to prescribe you anti biotic's that is not pork based. Also mention to them that you are Muslim and if there is any Halal certified brands. 2) You must continue your medication upon finding out which one is suitable (and do not Fast until you are heeled) and make up for your days that you have missed out on after Ramadan ends. As Allah The All-Mighty says: And Fasting is only for a limited number of days. So whoever among you is ill or on a journey [during them] - then an equal number of days [are to be made up]. [Al-Baqarah 2:184] I ask Allah to heel you and give you a speedy recovery and to accept your Fast and all your deeds this Ramadan, and I ask Allah the All-High for us to be all amongst the forgiven ones this Ramadan. And He knows best in all our affairs...

Text messaging one that they are divorced.

Q: is it true that in Islam a man can send his wife a text message saying you are divorced?

A: All-Praise is due to Allah,
The fuqaha’ are unanimously agreed that divorce may take place in writing, because divorce may be understood from writing letters, so it is akin to speaking, and because writing may take the place of words uttered by the writer. The evidence for that is the fact that the Prophet (peace and blessings of Allaah be upon him) was commanded to convey the message, so he conveyed it sometimes by speaking and sometimes in writing. So the writing by means of which divorce takes place is clear writing, such as writing on a paper, a wall or on the ground, in a manner that can be understood and read. As for writing that is not clear, such as writing in the air or in water or anything that cannot be understood and read, this does not count as a divorce, because this writing is like muttering that cannot be heard. End quote.

Al-Mawsoo’ah al-Fiqhiyyah, 12/217

If the husband writes a message to his wife saying “You are divorced,” whether that is via a mobile phone or on a piece of paper or via e-mail, then it depends on his intention at the time of writing. If he was determined to divorce her, then it counts as a divorce, but if he wrote that without the intention of divorce, rather he wanted to make his wife upset or some other reason, then it does not count as a divorce.

Ibn Qudaamah (may Allaah have mercy on him) said: Divorce does not take place if the word of divorce (talaaq) is not uttered, except in two cases, one of which is when a person is unable to speak, such as a man who is mute; if he issues a divorce by means of gestures, then his wife is divorced.

The second case is if the divorce is written; if he intended it as such then his wife is divorced. This is the view of al-Sha’bi, al-Nakha’i, al-Zuhri, al-Hakam, Abu Haneefah and Maalik, and it is the view that is narrated from al-Shaafa’i.

If a man writes it without intending divorce, then it does not count as such according to the majority of scholars, because writing is open to interpretation, and he may have intended just to test the pen, or improve his handwriting, or upset his wife, without intending it (as a divorce). End quote from al-Mughni, 7/373

It says in Mataalib Ooli al-Nuha (5/346): If the one who wrote the words of divorce says: I only intended to improve my handwriting thereby, or I only intended to upset my wife, that is to be accepted, because he knows best what his intention was, and he intended something that may be interpreted as other than divorce… and if he intended to upset his wife by making her think that he was divorcing her when in fact that was not the case, then he was not intending to divorce her. End quote.

Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: a man was sitting with his sister and his wife and he asked his sister to bring him a pen, then he wrote on a paper: “Talaaq, talaaq (divorce, divorce)” without referring to anybody. His sister got angry and took the pen, then she wrote three times, Talaaq, talaaq, talaaq (divorce, divorce, divorce).” Then she threw the paper to his wife and said to her: “Look, is what I have written correct?” But he did not intend to write these words for his wife.

He replied: This divorce does not count as such for the wife mentioned, if he did not intend thereby to divorce her. Rather he was simply writing or he intended something other than divorce, because the Prophet (peace and blessings of Allaah be upon him) said: “Actions are but by intentions…”

This view was held by very many of the scholars and some of them narrated that it was the view of the majority, because writing is like a metaphor, and a metaphor does not count as a divorce unless it is intended as such, according to the more correct of the two scholarly opinions, unless the writing is accompanied by evidence that the intention was divorce, in which case it counts as such.

(See Islam Q&A Fatwa: 72291)

And Allah knows best...