Miscellaneous Rulings

MISCELLANEOUS RULINGS

Forgetting to wear ihraam for Hajj or ‘Umrah

If someone is travelling in an airplane and forgets to wear the garments of ihraam, and the plane takes off, he should try to make it out of two pieces of cloth, whatever color they may be, or with any type of sheets or towels he can get hold of. If he cannot find anything appropriate, he should remove whatever sewn clothes and head covering (if he is wearing one) he can, and enter the state of ihraam in whatever he is wearing when he passes by the miqaat in the air. He should not cross the miqaat without being in a state of ihraam. Once he reaches a place where he can change his clothes and wear two sheets of cloth (proper ihraam garments), he should do so; in addition, he must pay a penalty (fidya) of either sacrificing a sheep or fasting for three days or feeding six needy people. He has the choice of doing any one of these three and his ihraam is correct.



Interruption of tawaaf or sa’ee

If a person is performing tawaaf (circumambulation around the Ka‘bah) or sa‘ee (between Safa and Marwah), and he finds himself in need (e.g., he is thirsty and needs to drink something, or loses one of his family members and stops to look for him, or becomes tired and needs to take some rest), then if the break is short and is recognized as such (‘urfan), he may then continue from where he left off. In the case where the prayer is called and he interrupts his tawaaf to pray, the scholars have disagreed on this issue. The most cautious opinion is that when he continues his tawaaf, he should not count the last round which he left incomplete when he interrupted his tawaaf in order to pray. (Ibn Baaz: Fataawa al-Hajj wa’l-‘Umrah, p. 80; al-Majmoo’ li’l-Nawawi, 8/49).

The issue of taking a rest in tawaaf and sa’ee, however, is based on the condition that tawaf and sa’ee should be uninterrupted. In sa’ee, continuity is not a requirement according to the best opinion. (al-Mughni ma’a al-Sharh al-Kabeer, 3/414) So, if a person is performing sa’ee, and he breaks after some of the rounds, and then comes back to complete them, this would be considered permissable. However, regarding continuity of tawaaf, the scholars have two opinions:

That continuity is waajib (mandatory), and that a long interruption without due justification nullifies the tawaaf.

That continuity is a sunnah, and the tawaaf is not nullified even though the break was long. (This is the opinion favoured by al-Nawawi in al-Majmoo’, 8/47)

However, it is better to act according to the first opinion, to be on the safe side.



Burial of one who dies at sea

If a person dies on a ship while travelling at sea, according to Imaam Ahmad, the people should wait if they hope to reach some place where they can bury him (such as an island or beach) in a day or two, and if they are confident that the body will not decay. However, if this is not possible, they should wash the body, shroud and embalm it, then pray the funeral prayer, and finally, tie something heavy to it and drop it in the water. (al-Mughni ma’a al-Sharh al-Kabeer, 2/381)



Changing money (same currency)

Suppose a person has, for example, a currency note with a face value of 50, and he wants to change it into five 10’s, and asks another person to provide the change for him, but this person has only three 10’s. Is it permitted for the first person (i.e. the one who wants the change) to give him the 50 and take the three 10’s, leaving the remaining 20 as a loan to be collected by him later?

Since such a practice is widespread nowadays, most people would be taken aback if they are informed that this is riba (usury). The reason (for such a practice being usury) is that the amount each one of the two took is different, whereas the condition in selling and changing currency notes is that if they belong to the same type of currency (e.g., dollars in exchange for dollars, or dinars in exchange for dinars, etc.) then they must be the same in monetary value and exchanged “cash down” (hand in hand, not deferred). This is because the Prophet SAWS (peace and blessings of Allaah be upon him) said: “Do not sell gold for gold unless the two are equivalent, and do not sell a lesser amount for a greater amount or vice versa. Do not sell silver for silver unless the two are equivalent, and do not sell a lesser amount for a greater amount or vice versa. Do not sell gold and silver that is not present at the moment of exchange (i.e. a deferred amount) for gold or silver that is present.” (Saheeh al-Bukhaari, No. 2068)

This hadeeth prohibits both riba al-fadl (usury of surplus) and riba an-nasee’ah (usury of credit or delayed payment).

So the way for people to avoid this, as they are always in need of exchanging currency notes, is as follows: the one who has a currency note of 50 should give it to the other as collateral and take the 30 from him as a loan. Later he should repay the loan and take his 50 back. (N.B. Although the net result may appear the same, there is a difference in the way the transaction takes place.) (From the oral fataawa of Shaykh ‘Abd al-‘Azeez ibn Baaz).



Being asked to do something at work that is against Islamic teachings

What should one do if one is asked to do something at work that he feels is contrary to the teachings of Islam?

If a person is ordered to do a certain assignment at his work, he should think about it — if the act does not involve any disobedience to Allah, may He be glorified and exalted, he should go ahead and do it. Otherwise, if it does involve some disobedience to Allah, may He be glorified and exalted, he should not obey the command, or else he will be a party to sin and wrong-doing. The Prophet (peace and blessings of Allaah be upon him) said: “A human must not be obeyed if that involves disobedience to Allah, may He be glorified and exalted. Indeed, obedience only applies in the case of righteous deeds.” (Saheeh al-Bukhaari with Fath al-Baari, 13/121; Ahmad, 1/91; this version was narrated in al-Silsilah al-Saheehah, No. 181)

Allah said in the Qur’an (about the people who went astray) (interpretation of the meaning): “They will say: ‘Our Lord! Verily, we obeyed our chiefs and our great ones, and they misled us from the (Right) Way.’” [al-Ahzaab 33:67]