Chapter 4

Transactions

Gifts and Presents

49015: Ruling on lender accepting a gift from the borrower

Question:

Someone borrowed some money from me, and he gave me a gift before he paid back the loan. What is the ruling on my accepting this gift?.

Answer:

Praise be to Allaah.

If the person who borrowed from you was in the habit of giving you gifts before the loan, such as if he was a friend or relative of yours etc, then there is nothing wrong with your accepting the gift in that case, because it had nothing to do with the loan.

But if this person was not in the habit of giving you gifts, it is not permissible for you to accept it, because it may be because of the loan, and if you accept it you may fall into riba (usury), because the basic principle regarding loans is that "Every loan which brings a benefit is riba," and this loan will have brought you a benefit. See questions no. 30842 and 39505.

Also: he may be giving it to you to make you agree to delay asking for repayment, which is also a kind of riba.

This is indicated by the report narrated by Ibn Maajah (2432) from Yahya ibn Abi Ishaaq who said: I asked Anas ibn Maalik: What if man gives his brother a loan, then (the borrower) gives him a gift? The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "If any one of you borrows something then he gives (the lender) a gift or gives him a ride on his riding-beast, he should not accept the gift or the ride, unless they used to treat each other in that manner beforehand." Classed as hasan by Shaykh al-Islam Ibn Taymiyah in al-Fataawa al-Kubra, 6/159.

Ibn Sireen narrated that `Umar (may Allaah be pleased with him) lent Ubayy ibn Ka'b (may Allaah be pleased with him) ten thousand dirhams, and Ubayy ibn Ka'b gave him a gift of some fruit from his land, but he returned that to him and did not accept it. Ubayy came to him and said: "The people of Madeenah know that I grow some of the best fruit and I have no need of it, so why did you refuse my gift?" Then later on he sent him (some fruit) and he accepted it. Ibn al-Qayyim said: `Umar refused it because he thought that the gift was because of the loan. When he realized that it was not because of the loan, he accepted it. This is the decisive answer concerning the issue of accepting a gift from a debtor.

Al-Bukhaari narrated in his Saheeh (3814) that Abu Burdah said: I came to Madeenah and met `Abd-Allaah ibn Salaam (may Allaah be pleased with him). He said to me: "You are in a country where the practice of Riba (i.e. usury) is prevalent; so if somebody owes you something and he sends you a present of a load of chopped straw or a load of barley or a load of fodder then do not take it, as it is Riba."

This view was narrated from several of the Sahaabah. Ibn al-Qayyim said in I'laam al-Muwaqqi'een (3/136): It was narrated from more than one of them (i.e., the Sahaabah) _ such as Ubayy ibn Ka'b, Ibn Mas'ood, `Abd-Allaah ibn Salaam, Ibn `Umar and Ibn `Abbaas _ that they forbade the lender to accept a gift from the borrower, and they regarded accepting it as riba.

Al-Shawkaani said in Nayl al-Awtaar (6/257):

The point is that if gifts, loans etc are given for the sake of delaying payment of the loan, or as a bribe to the one who gave the loan, or so that the one who gave the loan will benefit as a result of his loan, that is haram, because it is a kind of riba or bribe. But if that is because the lender and borrower used to do that before this loan, then there is nothing wrong with it. If that is not done for any obvious purpose then it seems that the general prohibition should apply in this case.

Some of the scholars are of the view that it is permissible for the lender to accept a gift from the borrower, but it is better not to do so, to be on the safe side. Ibn al-Qayyim said in I'laam al-Muwaqqi'een (3/136): The Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the way of his companions is more deserving of being followed.

I say:

Is there any other solution apart from refusing the gift or falling into riba?

The answer is: Yes. If you insist on accepting the gift, you have two choices: you can respond in kind, giving something of equal or greater value, or you can regard it as part of the debt and waive the value of the gift from the amount owed.

Sa'eed ibn Mansoor narrated in his Sunan from `Abd-Allaah ibn `Umar that a man came to him and said: I lent money to a man whom I do not know and he gave me a valuable gift. He said: Give his gift back to him, or count it as part of the repayment.

Sa'eed ibn Mansoor also narrated that Saalim ibn Abi'l-Ja'd said: A man came to Ibn `Abbaas and said: I lent twenty dirhams to a man who sells fish and he gave me a fish which I estimated was worth thirteen dirhams. He said: Take seven dirhams from him.

See al-Fataawa al-Kubra by Ibn al-Qayyim, 6/159.

Shaykh Ibn `Uthaymeen said in al-Sharh al-Mumti' (9/61):

If someone were to say: So long as this is haraam, why shouldn't he just give it back in the first place?

We say: because he may feel too shy or embarrassed to return it, or he may hurt his companion deeply if he gives it back. So we say: Take it, and plan to repay him with a gift of equal or greater value, or to deduct its value from the loan. There is nothing wrong with this.

What we have stated above about it being haraam applies if the gift is given before the loan is paid off. If it is given after the loan is paid off, there is nothing wrong with accepting it.

Shaykh Ibn `Uthaymeen said in al-Sharh al-Mumti' (9/59):

If he is given a gift shortly after the loan is paid off or a long time after that, it is permissible.

See al-Mughni, 6/437; al-Sharh al-Mumti', 9/59-61.

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22181: Accepting a gift with strings attached from a non-Muslim

Question:

I am a Muslim student studying in America. We are planning to build an Islamic center in the town where I am staying. The university has donated the land where the center is to be built, but they have stipulated a number of conditions in the contract according to which we may get the land and build our center on it. This has made some of the brothers object to accepting this land.
These conditions include the following:

1- That the administration of the center be subject to state and university laws.

2- That the university has the right to take back its gift and resume ownership of the land.

3- That the center should not be only for Muslims, rather it should be for Muslims and others.

Is it permissible to accept this land under these conditions?.

Answer:

Praise be to Allaah.

If the matter is as described, then it is not permissible to accept this gift, because of the evil consequences which will result from implementation of these conditions, such as the subjection of the center to university laws and regulations, which are unknown to the recipients and some of which may go against Islam. The same applies to the subjection of the center to state laws; it is well known that some of their laws go against Islam. Similarly, their stipulation that the center should be for Muslims and others, such as Jews, which means that the Muslims will be building a center in which Christian and Jewish rituals will be observed. This will cause many problems. They have also stipulated that the giver has the right to take back the gift and ownership of the land will revert to the university, and other stipulations mentioned in the contract. This is also contrary to Islamic sharee'ah.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah, 16/178-179.

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46797: Can a Muslim accept a gift from his kaafir brother?

Question:

What is the ruling on two brothers, one of whom is a Muslim and the other is a mushrik and rich. Is it permissible for the Muslim brother to accept a gift from his kaafir, mushrik brother, or not?.

Answer:

Praise be to Allaah. It is permissible for a Muslim to accept a gift from his brother if he is a kaafir or a mushrik, because that may soften his heart and Allaah may guide him to Islam.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah, 16/183. (www.islam-qa.com)

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47148: Buying back a gift from someone other than the one to whom it was given

Question:

A man gave a car to another man for nothing in return, and the one to whom it was given sold it to a third person. The first owner wants to buy it back from the other person who bought it. Is this permissible?.

Answer:

Praise be to Allaah.

It is permissible to buy back a gift in the manner described, because the giver is buying it from someone other than the one to whom it was given.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah, 16/185. (www.islam-qa.com)

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34602: Buying back a gift from the one to whom it was given

Question:

A man gave a car to his brother as a gift, then the one to whom it was given wanted to sell the car. Can the one who gave him the car buy it or is it not permissible for him to buy it?.

Answer:

Praise be to Allaah.

It is not permissible for the giver to buy the thing he gave to his brother. It was narrated that `Umar (may Allaah be pleased with him) said: I gave a horse to someone (to ride in jihad) for the sake of Allaah, and its owner neglected it. I thought that he would sell it cheaply, so I asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about that, and he said: "Do not buy it, even if he gives it to you for a dirham, for the one who takes back his charity is like a dog that goes back to its vomit."

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah, 16/184. (www.islam-qa.com)

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34591: Accepting gifts and donations from haraam wealth

Question:

Some Muslims here in Britain accumulate their wealth from both halaal and haraam sources, because they are businessmen and some of the things in which they deal are alcohol and pork. They vary in the extent to which they do that. In some cases most of the person's wealth comes from haraam sources, and in others only a little of their earnings is haraam. Is it permissible for us Muslims to mix with them and eat their food if they invite us? Is it permissible for us to accept their donations from this wealth for the mosque?.

Answer:

Praise be to Allaah.

Firstly: You have to advise them and warn them of the evil consequences of dealing in haraam things and acquiring wealth from haraam sources. You should cooperate with your brothers among the righteous to remind them and warn them of the wrath of Allaah and the severity of His punishment of those who disobey Him and wage war against Him by committing haraam actions. You should teach them that the pleasures of this world are few, and that the Hereafter is better and more lasting. If they respond, then praise be to Allaah. In that case they are your brothers in Islam. Then you should advise them to return that which they took wrongfully to its rightful owners, if they know who they are, and to follow their bad deeds with good deeds, so that Allaah will accept their repentance and turn their bad deeds into good deeds. Then it will be permissible for you to mix with them as your brothers in faith, and to eat their food and accept their donations for building and furnishing the mosque etc., because by repenting and returning to people what is rightfully theirs as much as possible, their previous sins will be forgiven, as Allaah says (interpretation of the meaning):

"So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge)"

[al-Baqarah 2:275].

Secondly:

If they still refuse to heed advice and reminders, and they persist in doing haraam things, then you have to forsake them for the sake of Allaah, and not respond to their invitations or accept their donations, as a rebuke to them and, in the hope that this will deter them from committing evil actions.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah, 16/182-183.

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34640: There is nothing wrong with accepting a gift and giving something of similar value to the giver

Question:

One of my relatives sent me a large amount of money on the occasion of my marriage, with the intention of helping me. Should I accept it or is it better to refrain and be content with what I have?.

Answer:

Praise be to Allaah.

Al-Bukhaari (2585) narrated that `Aa'ishah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to accept gifts and reward people for giving them.

"Reward people for giving them" means giving the giver something of equal value at least in return. This was the view of al-Haafiz in al-Fath.

This hadeeth indicates that accepting gifts and giving something of equal value to the giver is the way of the Prophet (peace and blessings of Allaah be upon him).

The Prophet (peace and blessings of Allaah be upon him) enjoined responding in kind to favours, as he said: "Whoever does you a favour, respond in kind, and if you cannot find the means of doing so, then keep praying for him until you think that you have responded in kind." Narrated by Abu Dawood, 1672. classed as saheeh by al-Albaani in Saheeh Abi Dawood.

"Whoever does you a favour" means, whoever treats you kindly in word or deed.

"Respond in kind" means, treat him kindly just as he has treated you kindly.

"If you cannot find the means of doing so" means if you do not have the money.

"Until you think that you have responded in kind" means, repeat the du'aa' until you think that you have given him his due.

One of the du'aa's that you can say is Jazaak Allaahu khayran (may Allaah reward you with good). Al-Tirmidhi (2035) narrated that Usaamah ibn Zayd said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "Whoever has a favour done for him and says Jazaak Allaahu khayran (may Allaah reward you with good) has done his utmost to thank him." Narrated by al-Tirmidhi, 2035; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

"Done his utmost to thank him" means, he has done his utmost to express his thanks, because he has acknowledged his shortcomings and that he is unable to reward him and thank him, so he refers the matter to Allaah, that He might reward him in the best manner. One of them said: If you are unable to give him back in kind, then speak at length thanking him and making du'aa' for him. From Tuhfat al-Ahwadhi.

The Standing Committee was asked a similar question, and replied as follows:

There is nothing wrong with accepting it (an amount of money as a gift), without you longing for that, and you can respond in kind if you are able to with an appropriate gift, or you can make du'aa' for him, because the Prophet (peace and blessings of Allaah be upon him) said: "Whoever does you a favour, respond in kind, and if you cannot find the means of doing so, then keep praying for him until you think that you have responded in kind." Narrated by Abu Dawood and al-Nasaa'i.

Fataawa al-Lajnah al-Daa'imah, 16/171

And Allaah knows best.

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34614: Which is better, giving a gift or giving charity?

Question:

Is it better to give money in charity to the poor and needy, or to give a gift to one of my relatives or friends?.

Answer:

Praise be to Allaah.

The difference between charity and gifts is as follows:

Charity is given to the poor and needy to meet their needs, and is done with the intention of seeking the Face of Allaah. There is no intention of giving it to a specific person, rather it is given to any poor or needy person.

A gift is not necessarily given to a poor person, rather it may be given to rich or poor; the intention is to show friendship and to honour the recipient.

Both of them _ charity and gift-giving _ are righteous deeds for which a person will be rewarded, but which is better?

Shaykh al-Islam [Ibn Taymiyah] said in Majmoo' al-Fataawa:

"Sadaqah (charity) is that which is given for the sake of Allaah as an act of worship, without intending to give it to a specific person and without seeking anything in return, rather it is given to charitable causes, such as to the needy. A gift is given with the intention of honouring a specific person, either because you love him and he is your friend, or because you want something. Hence the Prophet (peace and blessings of Allaah be upon him) used to accept gifts and reward people for them, so that no one could remind him of their favours, but he did not accept the "refuse" of people that they gave to purify themselves of sins, namely charity. He did not accept charity for this and other reasons. Once this is understood, then charity is better, but there is a sense in which a gift is better than charity, such as giving a gift to the Messenger of Allaah (peace and blessings of Allaah be upon him) during his lifetime out of love for him, or the gifts which a person gives to a relative in order to uphold the ties of kinship, or to a brother in Islam. These gifts may be better than charity".

Based on this, if you give a gift to one of your relatives, that may be better than giving charity, because it is more befitting to uphold the ties of kinship. The same may apply if you give a gift to a friend of yours, because that will strengthen the bonds of love between you. The Prophet (peace and blessings of Allaah be upon him) said: "Exchange gifts, you will love one another." Narrated by al-Bukhaari in al-Adab al-Mufrad. Ibn Hajar said: its isnaad is hasan. It was also classed as hasan by al-Albaani in Saheeh al-Adab al-Mufrad, 463.

What the hadeeth means is that giving gifts may generate and increase love.

And Allaah knows best.

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34701: The obligation to treat co-wives fairly in giving gifts

Question:

I have two wives, and I want to buy some gold for one of them as a gift. Is it permissible for me to do that, or would this be unfair treatment of co-wives? Please note that I do not fall short in giving the other wife her rights.

Answer:

Praise be to Allaah.

Whoever has two or more wives has to treat them fairly. It is not permissible for him to single out one of his wives with regard to spending, accommodation or spending the night, to the exclusion of the others. There is a stern warning issued to the one who has two wives and does not treat them fairly. It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "Whoever has two wives and inclines more towards one of them than the other, will come on the Day of Resurrection with half of his body falling." According to another version: "Dragging half of his body which will be falling or leaning." Narrated by Imam Ahmad in al-Musnad, 2/295, 347, 471. A similar hadeeth was also narrated by al-Nasaa'i and Ibn Maajah in their Sunans.

And it was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: "Whoever has two wives and inclines more towards one of them, will come on the Day of Resurrection with half of his body leaning." Narrated by Abu Dawood in his Sunan, 2/601. Al-Tirmidhi narrated something similar in al-Jaami'.

This evidence indicates that it is obligatory to treat co-wives fairly and equally, and that it is haraam for the husband to incline more to one of them in a way that will hurt the other. This does not include the inclination of the heart, for a person has no control over the inclination of the heart. Hence the Messenger of Allaah (peace and blessings of Allaah be upon him) used to divide his time equally among his wives, and he said: "O Allaah, this is my division of that which I can control, so do not take me to task for that over which You have control and I have no control" [meaning love in the heart].

Based on this, it is not permissible for this husband to single out one of his wives with regard to something over which he has control. If he gives a house etc to one of his wives, he must treat all his wives equally in that regard, and give a similar gift or something of equal value to all of them, unless the second wife allows that.

Fataawa al-Lajnah al-Daa'imah (16/189).

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39488: It is not permissible for your father to accept what is given to him because of his work

Question:

My father works for a company and some people give him money or personal gifts at work. He stopped taking this money but he soon went back to taking it. He tells me, "I don't differentiate between those who give me gifts and those who do not." What is the situation with regard to the money we take from him, the food we eat and the clothes and gold we wear; and what is the situation with regard to our du'aa' to Allaah. When he gives us food as a gift, should we accept it? Once he forced me to accept clothes from some of these people. Is it permissible for me to wear them?.

Answer:

Praise be to Allaah.

It is not permissible for your father to accept what is given to him because of his work, because al-Bukhaari (6636) and Muslim (1832) narrated from Abu Humayd al-Saa'idi that the Messenger of Allaah (peace and blessings of Allaah be upon him) appointed a man to collect the zakaah, and when he had finished his work, the man came and said, "O Messenger of Allaah, this is for you and this was given to me as a gift." He said, "Why don't you sit in the house of your father and mother and see whether you get any gifts or not?" Then the Messenger of Allaah (peace and blessings of Allaah be upon him) stood up after `Isha' prayer, testified (to the Oneness of Allaah) and praised Him as He deserves to be praised, then he said, "What is the matter with a zakaah-collector whom we appoint, then he comes and says, `This is for you, and this was given to me as a gift.' Why does he not sit in the house of his father and mother and see whether he receives any gifts or not? By the One in Whose hand is my soul, no one of you steals anything from it [the zakaah] but he will come on the Day of Resurrection carrying it on his shoulders, even if it is a camel that he brings groaning, or a cow that he brings mooing, or a sheep that he brings bleating. I have conveyed the message." Abu Humayd said: Then the Messenger of Allaah (peace and blessings of Allaah be upon him) raised his hand until I could see the whiteness of his armpit.

So your father should be told what the Messenger of Allaah (peace and blessings of Allaah be upon him) said: " `Why don't you sit in the house of your father and mother and see whether you receive any gifts or not?' _ because you are only getting these gifts because of the job to which you have been appointed."

If that is the case, then these gifts belong to the job, and he has no right to take them for himself.

Shaykh Ibn Baaz (may Allaah have mercy on him) said: This hadeeth indicates that it is obligatory for the person who is employed by the state to do the job for which he has been appointed, and he has no right to take any gift that has to do with his work. If he takes it then he should put it in the bayt al-maal (public treasury), and it is not permissible for him to take it for himself because of this saheeh hadeeth, and because that is a means that leads to evil and betraying trust.

From Fataawa `Ulama' al-Balad al-Haraam, p. 655

Ahmad and al-Bayhaqi narrated that the Prophet (peace and blessings of Allaah be upon him) said: "Gifts given to workers (employees) are ghulool (lit. stolen war booty)" i.e., a betrayal. This hadeeth was classed as saheeh by al-Albaani in Saheeh al-Jaami', no. 7021.

Your father's saying that he does not differentiate between those who give him things and those who do not does not alter the fact that this is haraam, but if he makes things difficult those who do not give him anything, then that makes his sin more serious.

His claim that he does not differentiate between those who give him gifts and those who do not is dubious, because gifts have an effect on the heart. Man is created in such a way that he likes those who are kind to him, so these gifts may make your father biased towards the one who gave him the gift, so he may give him something he is not entitled to. So let him fear Allaah, and refrain from these haraam earnings, for all the pleasures of this world are temporary, so how about if they are also haraam?

Whatever he has received of these gifts, it is not permissible for you to take them or make use of them, because this is haraam wealth,

Whatever you have saved from your father's salary that he was paid in return for his permissible work, there is nothing wrong with you benefitting from it.

With regard to the clothes that he forced you to take, if they were bought for the regular price, there is nothing wrong with you wearing them, but if he took them as a gift or for a reduced price, you should not wear them. Try to advise your father, and remind him of the seriousness of haraam wealth, and encourage him to ask the scholars so that they can dispel his doubts.

And Allaah knows best.

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11564: Accepting a gift from a kaafir

Question:

Is it permissible for a Muslim brother to accept a gift from his kaafir or mushrik brother, or not?.

Answer:

Praise be to Allaah.

It s permissible for a Muslim to accept a gift from his brother even if he is a kaafir or a mushrik, because that will soften his heart and make him more open to being guided to Islam.

And Allaah is the Source of strength.

Al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah wa'l-Ifta, 16/183 (www.islam-qa.com)

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11585: Giver buying the gift from the person to whom it was given

Question:

A man gave his brother a car as a gift, then the one to whom the gift was given wanted to sell the car. Can the one who gave the car as a gift buy it or is it not permissible for him to buy it?.

Answer:

Praise be to Allaah.

It is not permissible for the one who gave the gift to buy the thing he gave to his brother. It was narrated that `Umar (may Allaah be pleased with him) said: I gave a horse (to someone to use in jihad) for the sake of Allaah, and its owner neglected it. I thought that he would sell it for a cheap price, and I asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about that. He said, "Do not buy it from him even if he sells it to you for a dirham, for the one who takes back his charity is like the dog that goes back to its own vomit." Narrated by al-Bukhaari, 2623; Muslim, 1620.

And Allaah is the Source of strength.

Al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah wa'l-Ifta', 16/184. (www.islam-qa.com)

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34658: He has been given money to help him get married _ should he accept it?

Question:

One of my relatives sent me a large amount of money on the occasion of my marriage, with the intention of helping me. Should I accept it or is it better to be proud and be content with what I have?.

Answer:

Praise be to Allaah. There is nothing wrong with accepting it if you were not hoping for it, and reciprocating in a suitable manner or making du'aa' for him, because the Prophet (peace and blessings of Allaah be upon him) said: "Whoever does you a favour, then respond in kind, and if you cannot find anything to give him, then make du'aa' for him (and keep doing so) until you think that you have done enough."

Narrated by Abu Dawood and al-Nasaa'i.

And Allaah is the Source of strength.

Al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah wa'l-Ifta, 16/171 (www.islam-qa.com)

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34655: If I am given a gift should I give something similar back to the giver?

Question:

One of the customs among the people in my village is to give gifts and money on special occasions, and the recipient of the gifts is expected to respond in kind when other people have special occasions too.
What is the ruling if a special occasion arises and a person does not have anything; does he have to give them a gift?.

Answer:

Praise be to Allaah.

It is mustahabb [preferable] for the one who is given a gift to respond by giving something similar or better, because the Prophet (peace and blessings of Allaah be upon him) said: "Whoever does you a favour, then respond in kind, and if you cannot find anything to give him, then make du'aa' for him (and keep doing so) until you think that you have done enough." Narrated by Abu Dawood and al-Nasaa'i. But the people of the village should not oblige a poor person to give them gifts like those that they gave to him, rather what is prescribed in sharee'ah is for the Muslim to give a gift and not expect something back in return, rather he should hope for the reward from Allaah. Whoever is given something is not obliged to give something back to the giver, but if he does give him something, that is preferable.

And Allaah is the Source of strength.

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6964: Accepting money from kaafirs

Question:

My wife who is a christian inherited some money. Iam a muslim.I would like to know if I'm allowed to take any of that money and spend it since Iam not the one who inherited it and since it's her money now and she is my wife. .

Also if she leaves her assets for me in a will incase she passes away before me,would I be intitled to her assets ?.

Answer:

Praise be to Allaah.

1 _ There is no reason why you should not take from the money that your wife has inherited, on condition that that should be with her consent.

Allaah says (interpretation of the meaning):

"but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm (as Allaah has made it lawful)."

[al-Nisa' 4:4]

Al-Qurtubi (may Allaah have mercy on him) said:

The phrase "but if they, of their own good pleasure, remit any part of it to you, take it, and enjoy it without fear of any harm" is addressed to husbands, and indicates that it is permissible for a woman to give her mahr as a gift to her husband, whether she was a virgin or previously married. This is the opinion of the majority of fuqaha'… The scholars are agreed that if a woman who is in control of her own affairs gives her mahr to her husband, that is a valid transaction and she cannot take it back.

Tafseer al-Qurtubi, 5/24, 25

In general, if a kaafir gives something to a Muslim "of his own good pleasure", there is nothing wrong with accepting it.

The Prophet (peace and blessings of Allaah be upon him) ate with the Jews. (Narrated by al-Bukhaari, 2424; Muslim, 4060)

The king of Aylah _ a land on the seacoast _ who was a kaafir, gave him a gift of a white mule and a cloak.

(Narrated by al-Bukhaari, 1411; Muslim, 1392).

The Negus paid the mahr of Umm Habeebah on his behalf, and he was a kaafir.

It was narrated from Umm Habeebah that the Messenger of Allaah (peace and blessings of Allaah be upon him) proposed marriage to her when she was in the land of Ethiopia. The Negus married her to the Prophet (peace and blessings of Allaah be upon him), giving her on his behalf her a mahr of four thousand dirhams, and prepared her trousseau, and he sent her (to the Prophet (peace and blessings of Allaah be upon him)) with Shurahbeel ibn Hasanah. The Messenger of Allaah (peace and blessings of Allaah be upon him) did not send anything to her. The mahr of his wives was four hundred dirhams.

(Narrated by al-Nasaa'i, 3350; Abu Dawood, 2086; al-Haakim, 2/181. al-Haakim classed it as saheeh and al-Dhahabi agreed with him).

And there are many other similar incidents.

2 _ If she wills her possessions to you, and she was following her own religion before she died, it is also permissible for you to take these possessions, because a will is different from inheritance. But if she did not make a will and died, then it is not permissible for you to inherit anything from her. The Prophet (peace and blessings of Allaah be upon him) said: "The Muslim does not inherit from a kaafir and the kaafir does not inherit from a Muslim." (Narrated by al-Bukhaari, 6383; Muslim, 1614).

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

It is proven from the narrations of the trustworthy imaams that the Prophet (peace and blessings of Allaah be upon him) said, "The Muslim does not inherit from the kaafir." So everyone who goes against that, this hadeeth is evidence against him. This is the view of all the Sahaabah, Taabi'een and fuqaha' of various regions such as Maalik, al-Layth, al-Thawri, al-Awzaa'i, Abu Haneefah, al-Shaafa'i and all the scholars of hadeeth who spoke on matters of fiqh, that a Muslim should not inherit from a kaafir and a kaafir should not inherit from a Muslim, following this hadeeth. And Allaah is the Source of strength.

Al-Tamheed, 9/164

And Allaah knows best.

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22762: Teacher accepting a gift from the students

Question:

A teacher working in a Qur'aan memorization school which belongs to al-Jamaa'ah al-Khayriyyah li Tahfeez al-Qur'aan il-Kareem (Charitable organization for memorization of the Qur'aan) does not receive any payment for her teaching. At the end of the school year, after the certificates have been given to the students, they may give her a gift of gold or something similar. What is the ruling on her accepting this gift? Refusing the gift would break her students' hearts and upset them, especially since she has given gifts to them.

Answer:

Praise be to Allaah.

If a student has completed her studies and will be leaving the school, there is no bribery in this case. But if the teacher-student relationship will continue, there is the fear that this gift may cause the teacher to be biased in favour of that student, so that she may overlook her mistakes and not be fair to her and the other students.

Shaykh Ibn Jibreen (www.islam-qa.com)

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22754: Ruling on taking the gifts given to bosses in companies and departments

Question:

I am an employee working in a government department. I do my work according to my conscience and I apply the laws, regulations and penalties to everyone. I do not compromise any of the rights of the institution for which I work, nor do I show favouritism, overstep the limits or show preference to any client over another. Everyone takes what is his right.

Is it permissible for me to deal with these companies in my private life, knowing that when dealing with them they will give me discounts and special prices that are different from the prices they give to others, but this is because of the personal relationship between me and them and has nothing to do with the nature of my work? Is there anything dubious in these dealings? Is it permissible or not?

Is it permissible to accept promotional material from these companies and institutions which we deal with, whether it is valuable or not, noting that accepting these gifts has no effect on letting anyone off or turning a blind eye to any transgression of the rules, or showing lenience to anyone who goes against the regulations?

What is the ruling on those in higher positions receiving valuable gifts from these companies, noting that they do not deal with them and there is no relationship between them, and neither party knows the other? Can these gifts be accepted with no shar'i reservations, noting that if this official leaves this position he will never receive such gifts and promotional material, because neither party knows the other? The new official is the one who will receive those gifts which are given to the person who holds that position, with no attention given to who he is. What is the ruling on people or individuals who do not deal with those companies but who get those gifts one way or another?

Answer:

Praise be to Allaah. There is nothing wrong with dealing with companies on a personal basis, with nothing to do with work, even if one is given discounts and treated with special care because of that personal relationship.

Accepting gifts from clients is not permissible, rather it is haraam, as stated in the hadeeth. Gifts offered to an official because of his work belong to the work and not to him; it is not permissible for him to keep anything for himself and he must leave them for his work, because if he were to sit in his house he would not have received any of those gifts. The evidence for this is the saheeh hadeeth narrated about a man who was given gifts when he was working to collect the zakaah, and the Prophet (peace and blessings of Allaah be upon him) denounced him for that.

Shaykh `Abd al-Kareem al-Khudayr. (www.islam-qa.com)

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9810: Her father is asking her for some of her dowry

Question:

A girl is engaged to be married, and her father has asked her to give him some of the mahr (dowry). Should she give it to him?

Answer:

Praise be to Allaah.

Yes, she may give her father some of the dowry, if he is in need, and giving it is better. If he is not in need, then it is o.k, if she gives him whatever she wants, because she is free and of sound mind, and she can dispose of it as she wishes.

From the fatwas of Shaykh Muhammad Saalih al-`Uthaymeen, Majallat al-Daw'ah, issue no. 1823, p. 54.

(www.islam-qa.com)

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12599: Should a doctor accept the invitations of the drug companies?

Question:

I am a Doctor.Can I receive gifts & dinner-offers by medical representatives.They offer these things so that we promote their drugs irrespective of price & quality

Answer:

Praise be to Allaah.

If you are a doctor working on your own account (i.e., in a clinic of your own), then it is permissible for you to accept the invitations of these companies, on condition that you do not let that influence the kind of medicine you give to the sick. Rather you should prescribe the best medicine for the patient, paying attention to the price, or you should give him the freedom to choose. On this basis, your acceptance of the invitations extended by these companies should be to enable you to find out what kind of medicines etc. they have to offer. By the same token, if you are not working for yourself, if you accept these invitations simply to acquaint yourself with the company's products, that is o.k., but if that will make you biased towards one company rather than another because of these invitations or because of gifts that they have given to you, then that is not right. If you are not working in your own clinic, and you have influence in the hospital where you work such that they will buy the kind of medicine that you advise them to buy, then it is better to avoid these invitations in order to be on the safe side.

Shaykh Sa'd al-Humayd. (www.islam-qa.com)

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22169: Ruling on differentiating between children in gift-giving

Question:

Is it permissible for me to give something to one of my children and not to his brothers? What if that is done for a reason, such as his good attitude or his obeying his parents?

Answer:

Praise be to Allaah. The scholars are agreed that it is prescribed in Islam to treat children fairly when it comes to gift-giving; they should not single out one or some of them and not give to others.

Ibn Qudaamah said in al-Mughni (5/666): "There is no dispute among the scholars that it is mustahabb to treat children equally and that it is makrooh to differentiate between them."

But there are differences of opinion concerning the ruling on differentiating between them. The strongest views in terms of evidence are two opinions _ and Allaah knows best. These two opinions are:

1 _ That it is absolutely haraam to differentiate between them. This is the well known view among the Hanbalis (see Kashshaaf al-Qinaa', 4/310; al-Insaaf, 7/138). This is also the view of the Zaahiriyyah (i.e., it is the same whether the differentiation is done for a reason or for no reason).

2 _ That it is haraam to differentiate between them unless that is for a legitimate shar'i reason. This was narrated from Ahmad (al-Insaaf, 7/139) and was the view favoured by Ibn Qudaamah (al-Mughni, 5/664) and Ibn Taymiyah

(Majmoo' al-Fataawa, 31/295).

The evidence quoted by both groups that say that it is haraam to differentiate between one's children is the report narrated by al-Bukhaari (2586) and Muslim (1623) from al-Nu'maan ibn Basheer, who said that his father brought him to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said: "I have given this son of mine a slave who used to belong to me." The Messenger of Allaah (peace and blessings of Allaah be upon him) said, "have you given a similar gift to all of your children?" He said, "No." The Messenger of Allaah (peace and blessings of Allaah be upon him) said, "Then take (your gift) back."

According to another version (al-Bukhaari, 2587; Muslim, 1623), al-Nu'maan ibn Basheer said: "My father gave me a gift of some of his wealth, but my mother, `Amrah bint Rawaahah, said, `I will not approve of it until you ask the Messenger of Allaah (peace and blessings of Allaah be upon him) to bear witness to it.' So my father went to the Prophet (peace and blessings of Allaah be upon him) to ask him to bear witness to the gift. The Messenger of Allaah (peace and blessings of Allaah be upon him) said to him, `Have you done the same for all of your children?' He said, `No.' He said, `Fear Allaah and treat your children justly.' So my father came back and took back that gift."

According to a version narrated by Muslim, the Messenger of Allaah (peace and blessings of Allaah be upon him) said: "O Basheer, do you have any other children?" He said, "Yes." He said, "Have you given all of them a similar gift?" He said, "No." He said, "Then do not ask me to bear witness to this, for I do not bear witness to injustice." The evidence in this hadeeth is clear:

1 _ The Prophet commanded justice, and a command implies that it is obligatory.

2 _ He explained that showing preference to one child or singling him out to the exclusion of the others is falsehood and injustice, in addition to his refusal to bear witness to it and his commanding him to take back his gift. All of that indicates that differentiating between one's children is haraam.

They also referred to the evidence of common sense:

Ibn Hajar mentioned in Fath al-Baari (5/214):

Among the evidence of those who say that it is obligatory to treat one's children equally is the fact that this (differentiating between children) is the first step that may lead to something haraam, because cutting off family ties and disobeying one's parents are two things which are haraam, so that which leads to them may also be haraam, and differentiating between one's children is something that may lead to them.

This is supported by something which was mentioned in a version narrated by Muslim (1623): "He [the Prophet (peace and blessings of Allaah be upon him)] said, `Ask someone else to bear witness to this.' Then he said: `Would you like your children to all honour you equally?' He said, `Of course.' He said, `Then do not do this.'"

Further evidence is the fact that preferring some of them to others generates enmity and hatred between them, and also between them and their parents, so that is not allowed (al-Mughni, 5/664); this meaning is similar to that mentioned above.

Those who favoured the second opinion, that it is permissible to differentiate between one's children when there is a need, a reason or an excuse, quoted as evidence the hadeeth narrated by Maalik in al-Muwatta', with his isnaad from `Aa'ishah (may Allaah be pleased with her) who said that Abu Bakr al-Siddeeq had given her as a gift twenty wisq of his wealth, but when he was on his deathbed he said, "By Allaah, O my daughter, there is no one whom I would like to see rich after I die more than you, and there is no one whom it hurts me to see poor after I die than you. I had given you twenty wisq, and if you have already gone and collected them, then they are yours, otherwise whatever I leave is to be divided among all my heirs, who are your two brothers and your two sisters, so divide it amongst yourselves according to the Book of Allaah…" Ibn Hajar said in al-Fath (5/215): its isnaad is saheeh.

The evidence from this hadeeth, is as Ibn Qudaamah mentioned, "It may be that Abu Bakr gave it only to `Aa'ishah because she was in need and was unable to earn a living, even though she enjoyed a unique status as one of the Mothers of the Believers, and other virtues."

(Adapted from al-Mughni, 5/665)

As justification for Abu Bakr's action, al-Haafiz said in al-Fath (2/215): " `Urwah said concerning the story of `Aa'ishah that her brothers and sisters had agreed to that."

(Kitaab al-`Adl bayna al-Awlaad, p. 22 ff)

Ibn al-Qayyim (may Allaah have mercy on him) said that it is haraam in absolute terms in Ighaathat al-Lahfaan, 1/540. He said: "If there were no clear saheeh Sunnah reports that disallowed that, then by analogy and based on the principles of sharee'ah and its concern for people's interests and to protect them from evil, it would have to be haraam."

Shaykh Ibn Baaz (may Allaah have mercy on him) stated that it is absolutely forbidden to show preference to some of one's children over others, and that it is obligatory to treat them all equally, males and females alike, in accordance with their shares of inheritance, unless they give permission and are adults of sound mind. (al-Fataawa al-Jaami'ah li'l-Mar'ah al-Muslimah, 3/1115, 1116)

Shaykh Ibn `Uthaymeen (may Allaah have mercy on him) said: it is not permissible for a man to give some of his sons preferential treatment over others, but he may differentiate between males and females, giving the males double what he gives the females, because the Prophet (peace and blessings of Allaah be upon him) said: "Fear Allaah and treat your children fairly." So if he gives one of his sons 100 dirhams, he has to give the other sons 100 dirhams each as well, and give the girls 50 dirhams each, or else take back the money that he gave to the first son. This that we have mentioned is to be applied in cases other than the spending which is obligatory; with regard to obligatory spending, he should give each one whatever he needs. So if it so happens that one of his sons needs to get married, and he gets him married and gives him the mahr because the son is not able to pay the mahr, then in this case he does not have to give all the other sons the same as he gave to the one who needed to get married, because getting one's children married is part of spending on them. Here I want to draw attention to something that some people do out of ignorance, which is when a man has sons who have reached marriageable age, he gets them married, and he has other children who are still small, he makes a will saying that in the event of his death, they should be given money equal to that which was spent on the adult children. This is haraam and is not permissible because this will is a will that gives something to an heir, and willing something to an heir is haraam, because the Prophet (peace and blessings of Allaah be upon him) said: "Allaah has given everyone his due, so there is no will for an heir." (This version narrated by Abu Dawood, 3565; al-Tirmidhi, 2/16 and others. The isnaad of this version was classed as hasan by al-Albaani, and the version "There is no will for an heir" was classed as saheeh in al-Irwa', 6/87). So if he says, "I am leaving this money for them in my will because I got their brothers married for a similar amount," we say that if these young children reach marriageable age before you die, then get them married for the same amount of money as you got their brothers married, but if they do not reach that age (before you die) then you do not have to get them married.

Fataawa Islamiyyah, 3/30.

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Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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10447: How to write a will

Question:

I checked in the Holy Quran in regards as how to make a will. It's kind of complicated for me, that's why I am hoping you can help me Insha Allah.

Can you please advise on how to make an islamic will for a married woman.

1. Personal savings account.

2. Home & other realestate investment shared with spouse. Personal belongings such as jewelries etc..I have a husband, father,brothers, sisters, nephews and nieces.Can you specify for me how to distribute everything.Does everything needs to be distributed in shares or can I give some things to a favorite niece for example just because I want to.would that be going against the quranic law?
I look forward to your reply. Please try to reply to my email adress personally because I really need to know this. I know making a will is very important islamically and I want to do it correctly.

Answer:

Praise be to Allaah.

There is a difference between a will and a gift. Property that is willingly given away whilst one is alive is considered to be a gift, which does not come under the same rulings as a will. But it should be noted that it is not permissible for a person to give a gift to some of his children and not others, or to prefer some of them over others in gift-giving. Rather they must be treated fairly, because of the hadeeth of al-Nu'maan ibn Basheer, who said that his father brought him to the Prophet (peace and blessings of Allaah be upon him), when he gave him a gift, to ask the Prophet (peace and blessings of Allaah be upon him) to bear witness to it. The Prophet (peace and blessings of Allaah be upon him) asked, "Have you given something similar to all your children?" He said, "No." He said, "Then take it back." Then he said: "Fear Allaah and treat your children fairly."

(Narrated by al-Bukhaari, al-Hibbah, 2398)

With regard to the will, this is instructions on how (one's property) is to be disposed of after one's death, or how it is to be given away after one's death.

The evidence that this (writing a will) is prescribed in Islam is to be found in the Qur'aan and Sunnah, and the consensus of the scholars. Allaah says (interpretation of the meanings):

"It is prescribed for you, when death approaches any of you, if he leaves wealth, that he makes a bequest to parents and next of kin, according to reasonable manners. (This is) a duty upon Al-Muttaqoon (the pious)"[al-Baqarah 2:180]

"(The distribution in all cases is) after the payment of legacies he may have bequeathed or debts"[al-Nisa' 4:11]

The Prophet (peace and blessings of Allaah be upon him) said: "Allaah was being generous to you when He allowed you to give one-third of your wealth (in charity) when you die, to increase your good deeds."

(Narrated by Ibn Maajah, al-Wasaayaa, 2700; classed as hasan by al-Albaani in Saheeh Sunan Ibn Maajah, no. 2190)

The scholars agreed that this is permissible.

And it (writing a will) may be obligatory with regard to the dues of others where there is no proof, lest they be lost or neglected, because the Prophet (peace and blessings of Allaah be upon him) said: "It is not permissible for any Muslim who something to will to stay for two nights without having his last will and testament written and kept ready with him." (Narrated by al-Bukhaari, al-Wasaayaa 2533). And it is mustahabb for a man to will that some of his wealth be used for charitable purposes, so that the reward for that may reach him after his death. So Allaah granted permission for a person to dispose of one third of his wealth for that purpose when death approaches.

It is permitted to write a will concerning one third or less. Some of the scholars said it is preferable for it to be less than one-third, and the will does not apply to any of the heirs, because the Prophet (peace and blessings of Allaah be upon him) said: "There is no will for the heirs." (narrated by al-Tirmidhi, al-Wasaayaa, 2047; classed as saheeh by al-Albaani in Saheeh Sunan al-Tirmidhi, no. 1722). If the will is intended to harm the heirs or make things difficult for them, then that is haraam, because Allaah says (interpretation of the meaning):

"so that no loss is caused (to anyone)"[al-Nisaa' 4:12]

The will comes into effect when the person dies. It is permissible for the person who writes the will to revoke it or cancel it or revoke part of it. Carrying out the will is an important matter which was confirmed by Allaah and mentioned before other things, and there is a stern warning issued to those who change it.

With regard to the distribution of personal belongings, he does not have the right to state how they should be distributed after he dies, because the share of each heir has been defined by Allaah, and He has explained who inherits and who does not inherit. So it is not permitted for any person to transgress the limits set by Allaah, because Allaah has warned against doing that. Allaah says in Soorat al-Nisaa' (interpretation of the meaning):

"Allaah commands you as regards your children's (inheritance): to the male, a portion equal to that of two females; if (there are) only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of inheritance to each if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers or (sisters), the mother has a sixth. (The distribution in all cases is) after the payment of legacies he may have bequeathed or debts. You know not which of them, whether your parents or your children, are nearest to you in benefit; (these fixed shares) are ordained by Allaah. And Allaah is Ever AllKnower, AllWise.

In that which your wives leave, your share is a half if they have no child; but if they leave a child, you get a fourth of that which they leave after payment of legacies that they may have bequeathed or debts. In that which you leave, their (your wives) share is a fourth if you leave no child; but if you leave a child, they get an eighth of that which you leave after payment of legacies that you may have bequeathed or debts. If the man or woman whose inheritance is in question has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third, after payment of legacies he (or she) may have bequeathed or debts, so that no loss is caused (to anyone). This is a Commandment from Allaah; and Allaah is Ever All Knowing, MostForbearing.

These are the limits (set by) Allaah (or ordainments as regards laws of inheritance), and whosoever obeys Allaah and His Messenger (Muhammad) will be admitted to Gardens under which rivers flow (in Paradise), to abide therein, and that will be the great success.

And whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses His limits, He will cast him into the Fire, to abide therein; and he shall have a disgraceful torment"[al-Nisaa' 4:11-14]

And Allaah knows best.

For more information, see al-Mulakhkhas al-Fiqhi by Saalih al-Fawzaan, 2/172-182

There is no reason why you should not give your nephews and nieces whatever you want of your wealth whilst you are alive. As they are not your own children, you are not obliged to give to them all equally. You can give gifts to those whom you love and to whomever you wish, or to whoever among them is in need according to his or her need. Try to give to those who are religiously committed in ways that will help them to obey Allaah. It is also permitted to bequeath to them one-third or less of your wealth so long as they are not your heirs. And Allaah knows best.

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Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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9329: Ruling on father taking back a gift that he had given to his son

Question:

Is it permissible for a father to ask to take back a gift that he had previously given to his son?

Answer:

Praise be to Allaah.

That is permissible if it serves a valid interest and if the son is able to return it, because the Prophet (peace and blessings of Allaah be upon him) said: "It is not permissible for a Muslim man to give a gift and then take it back, except in the case of a gift given by a father to his son." (Narrated by Imaam Ahmad, Abu Dawood, al-Tirmidhi, al-Nasaa'i and Ibn Maajah. Classed as saheeh by al-Tirmidhi, Ibn Hibbaan and al-Haakim).

Majmoo' Fataawa wa Maqaalaat Mutnawwi'ah li Samaahat al-Shaykh al-`Allaamah `Abd al-`Azeez ibn `Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 9, p. 300 (www.islam-qa.com)

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11505: He wants to open accounts to save money for each of his children

Question:

I have some funds with me. I have four children and I want to save some money for each one of them and have tentatively planned the saved funds to be used towards their education /marriage. My idea is to open one bank account for each one of them and place equal or different amount in each account. From my side I intend to consider these amounts as their money (that is in their milkiyyah). Suppose I need some money later at any stage for day-to-day living of my family, I want to use it for this purpose. This is because of a hearsay (as I have no hadith to offer) that funds of children are funds of father. By the way, except one, my children have not attained adult age. I know I will have to pay Zakat on these amounts.

My questions are:-

How to achieve what I have planned religiously? Is it allowed this way?

Can I use the money as explained above.

Answer:

You can open bank accounts for each of your children, but on the condition that you treat them fairly, and do not prefer any of the males over the others, or any of the females over the others. So each male should have the share of two females. This is an important matter which must be paid attention to. If you need any of this money, then you may take whatever you want, but you must make sure that you are fair so that the amounts left are fair, and that the males have twice the share of the females, and you do not show preference to one child over another.

You must also pay attention to zakaah each time a year passes. Try to find a bank that does not deal in ribaa (if there is one) so that you will not be cooperating in disobeying Allaah. We ask Allaah to give you strength.

Shaykh Sa'd al-Humayd (www.islam-qa.com)

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8217: About showing preference to one child in gift-giving

Question:

In some cases, one child excels over the others in his honouring and love towards his parents, so his father may single him out for love and gift-giving because of that. Is it fair to reward the one who honours his parents most in return for his doing so?

Answer:

Undoubtedly some children are better than others; this is well known. But the father has no right to show favouritism because of that. On the contrary, he has to treat them all fairly because the Prophet (peace and blessings of Allaah be upon him) said: "Fear Allaah and treat your children equally." So it is not permissible for him to prefer one child over another because he is better or honours his parents more. He has to treat them all equally and be sincere towards all of them, so that they will all be steadfast in honouring their parents and in obeying Allaah and His Messenger. He should not favour some over others in gift-giving, or bequeath wealth to some of them and not others. All of them should be equal in inheritance and in gift-giving, according to what is prescribed in sharee'ah concerning inheritance and gift-giving. They should all be treated fairly as stated in sharee'ah, so the man has the equivalent of the share of two females. So if he gives one of his sons a thousand, a daughter should be given five hundred. If they are wise and tolerant, and they say, Give our brother such-and-such, and they clearly do not mind, and they say, We don't mind if you give him a car or whatever… and this is clearly done freely and not because they are too shy or are afraid of him, then that is OK.

The point is that they must be treated fairly. But if they are wise, whether they are male or female, if they have no objection to one of them being given something for special reasons, then that is OK and they have the right to do that.

Majmoo' Fataawaa wa Maqaalaat Mutanawwi'ah li Samaahat al-Shaykh al-`Allaamah `Abd al-`Azeez ibn `Abd-Allaah ibn Baaz (may Allaah have mercy on him), vol. 9, p. 234

(www.islam-qa.com)

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10646: The difference between Waqf and Endowment/trust fund

Question:

I WOULD LIKE TO KNOW WHAT IS WAQF AND THE DIFFERENCES BETWEEN ISLAMIC WAQF AND ENDOWMENT OR TRUST FUND USED IN THE WEST. TO WHAT EXTENT CAN WAQF BENEFIT THE NON-MUSLIMS. FOR EXAMPLE CAN WE GIVE SCHOLARSHIPS USING WAQF FUND ON THEM? DO YOU THINK WAQF CAN BE PART OF ECONOMIC SYSTEM OR ALTERNATIVE TO HELP MUSLIM COUNTRIES FOR THEIR ECONOMIC GROWTH? IN YOUR EXPERT OPINION, WHAT ARE THE POTENTIAL PROBLEMS OR HURDLES THAT SHOULD BE CONSIDERED IN DEVELOPING WAQF?

Answer:

Praise be to Allaah.

Waqf means freezing the capital or property, and not disposing of it by selling, giving or inheriting, or in any other way, so that any income or earnings are to be disposed of in the manner dictated by the person who initiated the waqf, for charitable purposes and the like.

A gift or bequest means giving up possession of some wealth to someone who will benefit from it and who has full power of disposal over it.

In the case of waqf, the best is to use it for charitable purposes. If it is used for the purpose of calling non-Muslims to Islam, if there is the hope that they will enter Islam and it is most likely that they will do so, there is nothing wrong with that, because if the obligatory zakaah money may be used to soften people's hearts towards Islam, then it is more apt that the money derived from waqf should be used for this purpose. But it is better to use it in charitable projects, because the benefit from them is certain rather than merely hoped for.

Waqf may be used to energize the Islamic economic system, so that waqf funds may be disposed of in ways that are permitted by sharee'ah in order to promote the growth of the Islamic economic system.

Any problems that may be expected with regard to waqf come from the heirs and relatives, and the way in which the profits should be distributed among the needy.

`Abd al-Kareem al-Khudayr (www.islam-qa.com)

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10830: Ruling on giving a gift to the one who performs the nikaah (marriage ceremony)

Question:

We hope that you can give us a fatwa on giving a gift to the one who performs the nikaah (marriage ceremony) on the day of the wedding. Is this permissible or not?

Answer:

Praise be to Allaah.

If the one who performs the nikaah is given something from the Bayt al-maal (treasury of the Muslim state), then it is not permissible for him to take anything from those for whom he does the nikaah. But if he does this voluntarily, and he is given something without asking for it, there is nothing wrong with that. If he is given something because he asks for it, I do not like that. Whoever wants to be independent, Allaah will make him independent.

From the fatwas of Shaykh Muhammad ibn Saalih ibn `Uthaymeen for al-Da'wah magazine, issue # 1756, p. 37 (www.islam-qa.com)

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10430: Encouraging traders to give donations by advertising their businesses

Question:

Some centres for Qur'aan memorization write letters to some businessmen asking them to support the centre, and they say in their letter that they will put the name of the store on their papers and announce it as a kind of advertisement for them. Is that permissible?

Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-`Uthaymeen, may Allaah preserve him, who answered as follows:

There is the risk that this may make worldly interests the motive for donating, so they should not mention this phrase (in the letter).

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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9633: Should a teacher accept gifts from students?

Question:

If a person gives a gift to his teacher (of Qur'aan) or to a person from whom he is learning, and if it were not for the fact that he is learning from him he would not have given him a gift, is it permissible for the teacher to accept that gift?

Answer:

Praise be to Allaah.

That is not haraam, but it is better not to take it. And Allaah knows best.

Fataawa al-Imaam al-Nawawi, p. 152 (www.islam-qa.com)

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8375: Collecting donations to give gifts to poor families at Christmas

Question:

In my school it is Christmas time. My school has this Christmas tradition. Every year a classroom gets an adopted family that is poor so they can buy gifts, food, and donate money to them for Christmas. Unfortunately, I have refused to donate any money or give any food for the following reason:

These denotations will be done in the name of christmas, so that when the adopted family receives these donations, they will say "God Bless The Christians".

Am I right for refusing to give donations?

Answer:

Praise be to Allaah.

It seems that you are referring to the birth of the Messiah (peace be upon him), an occasion which the Christians venerate and have taken as a festival. The festivals of the Christians are part of their religion, and if the Muslims venerate the festivals of the kuffaar by expressing joy and giving gifts, this means that they are imitating them. The Prophet (peace and blessings of Allaah be upon him) said, "Whoever imitates a people is one of them." Muslims must beware of imitating the Christians in their festivals and of following the customs that belong only to them. You did well and you did the right thing when you did not agree to collect donations for poor families on the occasion of Christmas, so adhere to that and advise your brothers and explain to them that this action is not permissible, because we Muslims have no festivals apart from Eid al-Fitr and Eid al-Adhaa. Allaah has given us these two festivals and we have no need of the festivals of the kaafirs.

Written by Shaykh `Abd al-Rahmaan ibn Barraak.

If we Muslims want to give in charity, we can give to those who really deserve it, and we should not aim to do that specifically on the days of the kaafirs' festivals. We should do that whenever there is a need, and make the most of good and great occasions such as the month of Ramadaan and the first ten days of Dhu'l-Hijjah, and other virtuous occasions when rewards are multiplied. We should also do that at times of hardship, as Allaah says (interpretation of the meaning):

"But he has not attempted to pass on the path that is steep (i.e. the path which will lead to goodness and success).

And what will make you know the path that is steep?

(It is) freeing a neck (slave)

Or giving food in a day of hunger (famine),

To an orphan near of kin.

Or to a Miskeen (poor) cleaving to dust (out of misery).

Then he became one of those who believed (in the Islamic Monotheism) and recommended one another to perseverance and patience, and (also) recommended one another to pity and compassion.

They are those on the Right Hand (i.e. the dwellers of Paradise)"

[al-Balad 90:11-18]

May Allaah bless our Prophet Muhammad.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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9014: Good deeds on behalf of others

Question:

Is it permissible to perform Tawaaf around the Sacred House (the Ka'bah) for a week, and give the reward for that to a living or a dead person? What are the deeds for which the reward may be given to another person according to Islam?

Answer:

Praise be to Allaah.

It is not prescribed in Islam to give the rewards for any action to a living person, but with regard to the dead it is permissible within the guidelines set out in the reports (of the Sunnah). We shall look at this matter in detail below, in sha Allaah.

1. Giving the reward of one's actions to the living. The basic principle concerning acts of worship is that this should not be done, unless there is evidence (daleel) from the sharee'ah which allows doing so. There is nothing in the books of Sunnah or biographies (of the Salaf) to indicate that any one of the early generations (Salaf) of this ummah did any good deed and then gave the reward for that to any of the Muslims, or the Prophet or the Sahaabah.

Shaykh `Abd al-`Azeez ibn Baaz (may Allaah have mercy on him) was asked about giving the reward for reading Qur'aan and naafil prayers to one's mother who could neither read nor write. He said:

There is no evidence (daleel) in sharee'ah to indicate that one can give (the reward for) prayers and reading Qur'aan to another person, whether he is alive or dead.

Acts of worship are an area in which there is no room for ijtihaad, and we should not do anything except that for which there is shar'i evidence.

But it is prescribed for you to make du'aa' for her and to give in charity on her behalf, and to do Hajj and `Umrah on her behalf, if she is old and cannot do Hajj and `Umrah. Fataawa al-Shaykh Ibn Baaz, 9/321.

2. With regard to giving the reward for good deeds to the dead: Islam permits doing this in the case of some deeds, so we should limit ourselves to that _ it is not right to make an analogy between these and other deeds, because the basic principle concerning acts of worship is not to do anything unless there is evidence (daleel).

Among the deeds whose rewards we are allowed to give to the dead, or by means of which the dead can benefit from the actions of the living, are the following:

(i) Du'aa'

Allaah says (interpretation of the meaning):

"And those who came after them say: "Our Lord! Forgive us and our brethren who have preceded us in Faith…"

[al-Hashr 59:10]

It was reported that Abu Hurayrah (may Allaah be pleased with him) said: "The Messenger of Allaah (peace and blessings of Allaah be upon him) told us of the death of the Negus, the king of Ethiopia, on the day that he died, and said, `Pray for forgiveness for your brother.'"

(Narrated by al-Bukhaari, 1236; Muslim, 951)

It was narrated that `Uthmaan ibn `Affaan said: "When the Prophet (peace and blessings of Allaah be upon him) finished burying someone who had died, he would stand over him and say, `Pray for forgiveness for your brother, and ask that he may be made steadfast, for even now he is being questioned.'"

(Narrated by Abu Dawood, 3221. An-Nawawi classed the isnaad of this hadeeth as jayyid in al-Majmoo', 5/292).

Ibn al-Qayyim (may Allaah have mercy on him) said:

"The fact that the dead benefit from du'aa's is indicated by the consensus of the ummah on offering du'aa' for him during the janaazah (funeral) prayer, hence we know that du'aa' benefits the deceased… This is supported by many ahaadeeth and is in fact is the whole point of praying for the deceased. The same applies to making du'aa' for him after the burial, and making du'aa' for them when visiting their graves."

(al-Rooh, 118, 119)

(ii) Making up fasts that were obligatory upon the deceased because of vows, as expiation (kafaarah) and so on

It was reported from `Aa'ishah (may Allaah be pleased with her) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: "Whoever dies and had any fasts outstanding, his heir should observe those fasts on his behalf."

(Narrated by al-Bukhaari, 1851; Muslim, 1147)

It was reported from Ibn `Abbaas (may Allaah be pleased with them both) that a woman came to the Messenger of Allaah (peace and blessings of Allaah be upon him) and said, `My mother has died and she one month's fasting outstanding.' He said, `Do you not think that if she was in debt, you would pay it off for her?' She said, `Yes.' He said, `The debt owed to Allaah is more deserving of being paid off.'"

(Narrated by al-Bukhaari, 1817; Muslim, 1148)

There is some scholarly difference of opinion on this matter. Some scholars say that no fasts should be observed on behalf of the dead apart from fasts related to vows, but the correct view is that all kinds of fasts should be observed on behalf of the dead.

Al-Haafiz ibn Hajar said:

The Salaf had differences of opinion concerning this matter:

Fasting on behalf of the dead was permitted by the scholars of hadeeth. Al-Shaafa'i former view was that it was allowed depending on whether or not the hadeeth was saheeh, as was transmitted by al-Bayhaqi in al-Ma'rifah. This is also the view of Abu Thawr and a group of the Shaafa'i muhaddatheen. Al-Bayhaqi said in al-Khilaafiyaat:

"This is a proven matter. I do not know of any difference of opinion among the scholars of hadeeth concerning its soundness, so we must act in accordance with this." Then he quoted al-Shaafa'i, with an isnaad going back to him: "Concerning everything that I have said, if something different is reported from the Prophet (peace and blessings of Allaah be upon him) and is saheeh, then follow the hadeeth and do not follow me."

Al-Shaafa'i's later view, and that of Maalik and Abu Haneefah was that fasts should not be observed on behalf of the dead.

Al-Layth, Ahmad, Ishaaq and Abu `Ubayd said: no fasts should be observed on behalf of him (the deceased), apart from fasts related to vows, because the general meaning of the hadeeth of `Aa'ishah should be interpreted within the specific framework of the hadeeth narrated from Ibn `Abbaas.

However, there is no contradiction between these two ahaadeeth that would necessitate reconciliation. The hadeeth of Ibn `Abbaas is an independent matter in which he asked about something which happened specifically to him, whereas the hadeeth of `Aa'ishah is a statement of the general principle. In the hadeeth of Ibn `Abbaas, this general principle is referred to at the end of the hadeeth, where it says, `The debt owed to Allaah is more deserving of being paid off.'

(Fath al-Baari, 4/193, 194)

The Hanafis quote weak (da'eef) ahaadeeth as evidence to say that it is not permitted to fast on behalf of the dead. Al-Haafiz ibn Hajar refuted this in the source referred to above.

Some of them quote as evidence the hadeeth: "When the son of Adam dies, his deeds come to an end apart from three: sadaqah jaariyah (ongoing charity); beneficial knowledge; or a righteous son who will make du'aa' for him." (Saheeh Muslim, 1631). Imaam Ibn al-Qayyim refuted those who quote this hadeeth as evidence, and said:

"When you use this hadeeth `When the son of Adam dies, his deeds come to an end', you are misquoting it. The Prophet (peace and blessings of Allaah be upon him) did not say, `He no longer benefits at all'; what he said is that deeds of the individual come to an end. As far as the deeds of others are concerned, the (reward) is for the one who does them, and if he gives that to him, the reward of the one who did that reaches him, not the reward of his own deeds. What comes to an end is one thing, and what reaches him is something else. The same applies to another hadeeth, which is: `What reaches the deceased is his own hasanaat and deeds" _ which does not rule out the fact that other things, the good deeds and hasanaat of others, may also reach him."

(al-Rooh, p. 129)

(iii) Paying off debts

It was reported that Salamah ibn al-Akwa' (may Allaah be pleased with him) said:

"We were sitting with the Prophet (peace and blessings of Allaah be upon him) when a funeral bier was brought to him and they said, `Pray over him.' He said, `Does he have any debts?' They said, `No.' He said, `Has he left anything behind?' They said, `No.' So he prayed over him. Then another funeral bier was brought to him, and they said, `O Messenger of Allaah, pray for him.' He said, `Does he have any debts?' They said, `Yes.' He said, `Has he left anything behind?' They said, `Three dinars.' So he prayed over him. Then a third funeral bier was brought, and they said, `Pray for him.' He said, `Has he left anything behind?' They said, `No.' He said, `Does he have any debts?' They said, `Three dinars.' He said, `Pray for your companion.' Abu Qutaadah said, `Pray for him, O Messenger of Allaah, and I will take care of his debt.' So he prayed over him."

(Narrated by al-Bukhaari, 2169)

(iv) Fulfilling vows to do acts of worship

It was reported from Ibn `Abbaas (may Allaah be pleased with them both) that a woman from Juhaynah came to the Prophet (peace and blessings of Allaah be upon him) and said: "My mother vowed to go for Hajj, but she did not go for Hajj before she died. Should I do Hajj on her behalf?" He said, "Yes, do Hajj on her behalf. Do you not think that if your mother was in debt you would pay it off for her? Pay off the debt that is owed to Allaah, for Allaah is more deserving that what is owed to Him should be paid off."

(Narrated by al-Bukhaari, 1754)

(v) Performing Hajj on his behalf

It was narrated from Ibn `Abbaas that the Messenger of Allaah (peace and blessings of Allaah be upon him) heard a man saying "Labbayka `an Shubrumah (At your service, O Allaah, on behalf of Shubrumah)." The Messenger of Allaah (peace and blessings of Allaah be upon him) said, "Who is Shubrumah?" He said, "A relative of mine." The Prophet (peace and blessings of Allaah be upon him) said, "Have you ever done Hajj before?" He said, "No." he said, "Do this Hajj for yourself, then do Hajj on behalf of Shubrumah."

(Narrated by Abu Dawood, 1811; Ibn Maajah, 2903 _ this version was narrated by him. The hadeeth was classed as saheeh by Shaykh al-Albaani in Irwaa' al-Ghaleel, 4/171).

(vi) Righteous deeds done by the children of the deceased

Shaykh al-Albaani (may Allaah have mercy on him) said:

"Whatever righteous deeds the righteous son does, his parents will have a reward like his, without it detracting from his reward in the slightest, because their child is part of their striving and earning. Allaah says (interpretation of the meaning): `And that man can have nothing but what he does (good or bad)' [al-Najm 53:39]. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: `The best that a man can benefit from is that which he earns, and his son is also part of his earnings.' (Narrated by Abu Dawood, 2/108; al-Nasaa'i, 2/211. Narrated and classed as hasan by al-Tirmidhi, 2/287. There is a corroborating report in the hadeeth of `Abd-Allaah ibn `Amr, which was narrated by Abu Dawood, Ibn Maajah and Ahmad (2/179, 204, 214) with a hasan isnaad)."

(Ahkaam al-Janaa'iz, p. 216, 217)

With regard to giving charity and reading Qur'aan: the correct view is that nothing from these actions reaches the deceased, because there is no evidence (daleel) to that effect. The basic principle is that this should not be done. Some scholars mentioned that there was consensus (ijmaa') to the effect that the reward for charity on behalf of the deceased reaches him, but the correct view is that there is in fact a difference of opinion among the scholars concerning this matter.

(a) Imaam Ibn Katheer said:

"`And that man can have nothing but what he does (good or bad)' [al-Najm 53:39 _ interpretation of the meaning]. This means, just as he cannot bear the burden (of sin) of another person, so too the reward for the things he has done can only go to himself. From this aayah al-Shaafa'i (may Allaah have mercy on him) and those who followed him understood that the reward for reading Qur'aan cannot be given to the dead, because it is not something that they have done and earned. Hence the Messenger of Allaah (peace and blessings of Allaah be upon him) did not recommend or encourage his ummah to do this, and did not command or hint to them to do this. Nothing to this effect has been transmitted from any of the Sahaabah (may Allaah be pleased with them). If it was a good thing, they would have done it before us. Acts of worship are restricted to things that are indicated in the texts (Qur'aan and Sunnah), and there is no room for analogy (qiyaas) or personal opinions."

(Tafseer Ibn Katheer, 4/259)

(b) Al-Shawkaani said:

"The ahaadeeth on this topic indicate that charity given by a son reaches his parents after they die without their making a will to that effect, and the reward for that reaches them. These ahaadeeth should be taken as excluding the child from the general meaning of the aayah (interpretation of the meaning): `And that man can have nothing but what he does (good or bad)' [al-Najm 53:39]. But these ahaadeeth speak only of the charity of the son reaching the parents. It was reported that a man's son is part of what he does (or his earnings), so there is no need to suggest that the ahaadeeth are stating an exception from the general meaning of the aayah. As far as anybody apart from a man's son is concerned, what is apparent from the general meanings of the Qur'aan is that his reward does not reach the deceased, so we should accept this and not pursue the matter any further, unless we find evidence (daleel) to the contrary." (Nayl al-Awtaar, 4/142)

(c) Shaykh al-Islam [Ibn Taymiyah] (may Allaah have mercy on him) said:

It was not the custom of the Salaf, when they observed voluntary prayers or fasts, or did a voluntary Hajj, or read Qur'aan, to give the reward for that to the deceased Muslims. So we should not deviate from the path of the Salaf, for it is better and more perfect.

(al-Ikhtiyaaraat al-`Ilmiyyah, p. 54).

Shaykh al-Islam (may Allaah have mercy on him) had a different opinion to those quoted above. Ibn al-Qayyim agreed with him, and Shaykh Muhammad Rasheed Ridaa refuted their view in Tafseer al-Manaar (8/254-270).

From the Fatwas of the Standing Committee: Fatwa #2232 _ Question #3:

Q#3: Does the reward for reading Qur'aan and other acts of worship reach the deceased, whether they are done by the son of the deceased or by others?

As far as we know, there is no report from the Prophet (peace and blessings of Allaah be upon him) to indicate that he read Qur'aan and gave the reward for that to the dead, whether they were his relatives or others. If the reward could reach them, he would have been keen to do that and would have taught it to his ummah so that they could help the dead thereby, for he (peace and blessings of Allaah be upon him) was filled with compassion and mercy towards his ummah. His successors, the Khulafaa' al-Raashideen, and the rest of his companions, followed his guidance (may Allaah be pleased with them all), and we do not know of any of them giving the reward for reading Qur'aan to someone else. The best of all goodness resides in following the guidance of the Prophet (peace and blessings of Allaah be upon him) and of the Khulafaa' al-Raashideen and the rest of the Sahaabah (may Allaah be pleased with them), and evil resides in following bid'ah and innovated matters. The Prophet (peace and blessings of Allaah be upon him) warned us about that when he said, "Beware of newly-invented matters, for every newly-invented matter is a bid'ah (innovation), and every bid'ah is a going astray" and, "Whoever innovates something in this matter of ours (i.e., Islam) that is not a part of it, will have it rejected." So on this basis, it is not permissible to read Qur'aan for the dead or to give the reward for this reading to them. Doing that is bid'ah.

With regard to other kinds of acts of worship, wherever there is saheeh evidence to indicate that the reward for them reaches the deceased, then we should accept this, such as giving charity on their behalf, making du'aa' for them and doing Hajj on their behalf. Anything for which there is no evidence (daleel) is not prescribed until evidence is established for it.

On this basis, according to the more sound of the two scholarly opinions, it is not permissible to read Qur'aan for the dead, and the reward for this reading does not reach them. On the contrary, this is bid'ah.

And Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions, and grant them peace.

Standing Committee for Academic Research and Issuing Fatwaas.

I say: we have spoken above about giving charity. The ahaadeeth quoted not include all people, they refer only to the children of the deceased.

With regard to the Tawaaf referred to in the question, it is not prescribed to do a voluntary Tawaaf and give the reward to the dead, because no evidence (daleel) to that effect has been narrated. But if it is Tawaaf of `Umrah or Hajj, then it is included in those ahaadeeth and is permitted.

Shaykh `Abd al-`Azeez ibn Baaz (may Allaah have mercy on him) was asked:

Sometimes I do Tawaaf for one of my relatives or parents or grandparents who have died. What is the ruling on that? Also, what is the ruling on completing the Qur'aan for them? May Allaah reward you with good.

He replied:

It is better not to do that, because there is no evidence (daleel) to that effect… With regard to praying (salaah) on their behalf, doing Tawaaf on their behalf and reading Qur'aan for them, it is better not to do that, because there is no evidence (daleel) to that effect.

Some scholars have permitted that, by analogy with charity and du'aa', but to be on the safe side, it is better not to do that. And Allaah is the source of strength.

Fataawa Ibn Baaz, 8/344, 345).

And Allaah knows best.

Fataawa Ibn Baaz, 8/344, 345

(www.islam-qa.com)

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5238: Exchange of gifts among principal and teachers

Question:

Then what about gifts that the teachers give to the principal, for example when she recovers from illness or after she gives birth, if it is known that the principal also gives the teachers gifts on similar occasions?

Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-`Uthaymeen, may Allaah preserve him, who replied as follows:

If this is a two-way exchange of gifts, then there is nothing wrong with it.

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Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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5229: Students giving gifts to teachers

Question:

Some of the students give gifts to their teachers on special occasions. Some of them are her current students, but some are students who she is not teaching now but may teach in the coming years. Others are students that she can never teach because they have already graduated. What is the ruling on these cases?

Answer:

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-`Uthaymeen, may Allaah preserve him, who replied as follows:

There is nothing wrong with the third case, but the other two are not permissible, even if it is a gift for her giving birth etc, because this gift could be seen as an attempt to soften the teacher's heart (i.e., a bribe).

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6357: Concealing sources of income when receiving government assistance

Question:

I am getting income support benefit from government, is it haram if do not tell them that i am getting an other source of money?

Answer:

Praise be to Allaah.

If it is a condition of their giving you assistance that they should be told of other sources of income or how much you are getting, then it is not permissible for you to hide that from them. Similarly, if it is known that they only help those who are in need and you are not in need, then it is not permissible to take this assistance. And Allaah knows best.

Islam Q&A Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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2320: Ruling on blood transfusion

Question:

What is the ruling of sharia on blood transfusion.

Answer:

Praise be to Allaah.

Shaykh Muhammad ibn Ibraaheem Aal al-Shaykh (may Allaah have mercy on him) answered this particular question as follows:

In order to answer this question, we need to discuss three matters:

1. Who is the person who is to receive the blood transfusion?

2. Who is the person from whom the blood is to be taken?

3. Who is the person whom we can trust to decide whether a blood transfusion is needed?

With regard to the first question, the person who is to receive the blood transfusion is a person whose life is in danger due to sickness or injury, and whose life depends on his receiving a blood transfusion.

The principle in this matter is based on the following aayaat of the Qur'aan (interpretation of the meanings):

"He has forbidden you only the maytatah (dead animals), and blood, and the flesh of swine, and that which is slaughtered as a sacrifice for others than Allaah. But if one is forced by necessity without willful disobedience nor transgressing the limits, then there is no sin on him…" [al-Baqarah 2:173]

"… But as for him who is forced by severe hunger, with no inclination to sin (such can eat these above-mentioned meats), then surely, Allaah is Oft-Forgiving, Most Merciful." [al-Maa'idah 5:3]

"… He has explained to you in detail what is forbidden to you, except under compulsion of necessity…" [al-An'aam 6:119]

The evidence derived from these aayaat tells us that if the recovery of the sick or injured person depends on a blood transfusion which he needs to save his life, and that there is no other medicine or food that can do the same thing, then it is permissible for him to receive a blood transfusion. In fact, this comes under the heading of nourishment, not medicine (using forbidden foodstuffs in cases of necessity is permissible, as in the case of a starving man eating dead meat).

With regard to the second point, the one from whom blood is taken, this should not result in any serious harm, because the Prophet (peace and blessings of Allaah be upon him) said: "There should be no causing harm or reciprocating harm."

As regards the third point, which is the matter of whose opinion should be relied upon to decide whether a blood transfusion is needed, this should be a Muslim doctor. If that is not possible, we see nothing wrong with taking the word of a non-Muslim doctor, whether he is Jewish or Christian (or any other religion), so long as he is experienced in medicine and is trustworthy. The principle here is the saheeh hadeeth which describes how the Prophet (peace and blessings of Allaah be upon him) hired a man of Bani Deel as a skilled and experienced guide, although he was a follower of the pagan religion of Quraysh. (Reported by al-Bukhaari, 2104.) (Fataawa al-Shaykh Muhammad ibn Ibraaheem).

Concerning this matter, the Hay'at Kibaar al-`Ulamaa' (Council of Senior Scholars) stated the following:

1. It is permissible to donate blood, so long as this does not cause him any harm, when there is a need for it to help other Muslims.

2. It is permissible to establish Islamic blood banks to receive and store donated blood, to be kept for any Muslim who may be in need of it, so long as no money is charged to the sick person or the people in charge of his affairs in return for this service. A blood bank should not be set up as a commercial enterprise or a means of making money, because it is in the public interest of the Muslims.

(Reference: Al-Idtirar ila'l-at'imah wa'l-adwiyah al-muharramah by al-Turayqi, p. 169) ) (www.islam-qa.com)

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4272: He found out that a gift was stolen goods

Question:

My uncle gave me a laptop computer as a gift. Later I found out that the laptop was stolen and that my uncle bought it off the street. I was wondering if I'am allowed to keep the laptop since it was a gift from my uncle. P.S. I found the original owner's address in the computer.
jazaakum Allahu khirun

Answer:

Praise be to Allaah.

It is not permissible for you to keep it; you must return it to the original owner. This is a trust which is in your hands, and you must return it as soon as possible. Your uncle should ask the person who sold it to him for his money back, because he sold something that was not his to sell. And Allaah knows best.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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6148: Cash back awards for users of credit cards

Question:

In reference to Question 3402: Some Credit Card companies give you bonus or cash back award on the usage of the credit card, is the cash back award `halaal' or is it `riba'? Also, if one buys fix Certificates — the capital is used by the government in business and projects — and get a fixed profit of a certain percent, e.g., let say 6%, then is this profit comes under the category of `Riba'?

Please explain these two questions in the light of Qur'an and Sunnah.

Jazaak-Allaah-Khair!

Answer:

Praise be to Allaah.

Firstly: dealing with interest-based banks is not permissible except in cases of necessity, because it is a kind of cooperation in sin and transgression. Their giving awards to encourage people to deal with them is a kind of encouraging people to do haraam things and comes under the rulings on such things. Allaah says (interpretation of the meaning):

"… Help you one another in Al-Birr and Al-Taqwa (virtue, righteousness and piety), but do not help one another in sin and transgression" [al-Maa'idah 5:2]

Secondly: guaranteed profits are not permissible, because the basic principle in sharee'ah is that .... and that one accepts that if there is the chance of making a profit, there is also the chance of losing. If the government borrows money from the people and gives them a fixed profit, these are interest-based bonds which are forbidden, and it is not permissible to deal with them at all. And Allaah knows best.

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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958: Donating Blood to Non-Muslims

Question:

What is the Islamic ruling on blood donation? Specifically, I am referring to donating blood in America and knowing it will probably go to non-Muslims.

Answer:

Praise be to Allah.

It is permissible for a Muslim to donate blood to a non-Muslim, except when that non-Muslim is known to be in a position of fighting the Muslims (either by belonging to a state which is in a state of war with Muslims or by supporting aggression towards them). In such a case it is not permissible to donate blood, because this will help them to fight Muslims. If the Muslim has no way of knowing to whom his blood will go, he should act according to what he thinks is most likely to happen. If he thinks that it is most likely to go to a kaafir who is not fighting the Muslims, it is permitted to donate, otherwise it is not.

See Fataawaa Islaamiyyah, jama` al-Musnad, 4/415 (www.islam-qa.com)

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239: Donating blood to Blood Bank

Question:

Assalamu alikem Is it perimissible to donate blood to Blood Bank in the USA since most of the usage will be for non muslim?Also is it perimissible to recieve blood from Blood Bank knowing that it is mostly from non-muslim?Sheikh, I read your book. Jazak allah khir.
We here love you in Allah. May allah reward you.
Salam

Answer:

wa `alaikum us-salaamu wa-rahmat ullaahi wa-barakaatuh

al-hamdu lillah

It is permissible to receive blood from the Blood Bank even if the donor was a kaafir. Likewise, it is also permissible to donate blood to non-Muslims as long as they are not fighters of Islam. A fighter of Islam would be defined as one who fights Muslims with weapons or finances such fighting with his wealth, or helps such fighting. If one is not able to know for sure, then it suffices to act according to ghalabat ul-zann (one's best estimate or what is most likely and probable).

ahabbak allaah ul-ladhi ahbabtani fih.

(May Allaah love you as you have loved me for His sake.)

Islam Q&A

Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)

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Islam: Questions And Answers - Jurisprudence and Islamic Rulings: General and Transactions - Part 1 by Muhammad Saed Abdul-Rahman PAGES:  362 (6 in x 9 in) ISBN: 1861794118

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