NEWSLETTER ISSUE #2 DHUL-QA’DAH - DHUL-HIJJAH 1440 | JULY - AUGUST2019 DISPUTES AND CLARITY IN FAMILY PARTNERSHIPS

Often several brothers are partners in the same busi- time of a new partner joining the business. If each ness. At times the father and son/s are in the busi- person’s position in the business was established ness together. Without any records being kept, all the from the very inception, his rights and duties were “partners” take their expenses from the business and spelt out and all the details were recorded in a part- spend as they wish. However, the position of each nership agreement, the possibility of such problems person in the business is not clearly determined. For and complications occurring would have been up- example, is the son or brother merely an employee in rooted from the beginning. the business, or is he a partner? If he is an employee, what is his salary? If he is a partner, what is his per- LONGEST AAYAH: In the longest aayah of the Qur’an, centage share of the profits? Without any of these as- Allah Ta’ala has commanded the Muslims to write pects being clarified, each one draws from the busi- down the details of any credit transaction. If a small ness as he pleases. If anyone dares to suggest that amount taken on credit must also be recorded, how these aspects need to be clarified, his suggestion is much more important it is that complex business frowned upon. This suggestion is regarded as contra- agreements be reduced to writing. The simple rea- ry to the dictates of mutual love and unity. son for this injunction is that, the abovementioned problems may be avoided or, if somehow a problem However, experience has proved time and again that does crop up, it would be easily possible to solve the the end result of such businesses is that it breeds matter in a fair and just manner. contempt and enmity in the hearts. Especially when a wedding takes place in the family of one of the EMPLOYEE OR PARTNER? Therefore, if more than partners, the other partner feels that his rights are one person works in the same business, it should be being trampled upon since his associate has taken established from the very beginning as to what is much more from the business than what he was enti- each one’s position in the business. If a son has joined tled to. While on the surface, a front of love and unity his father in the business, it must be established from is displayed, from within, the flames of ill-feelings are the very first day as to whether he is merely helping kindled. Eventually when these ill-feelings become his father as a favour, or whether he is an employee, coupled with suspicions, the “partnership” explodes or has he joined as a partner? If he is just an employ- like an angry volcano and all the claims of love and ee, his salary must be clearly stipulated. It must also unity are left bare. Arguments, verbal abuse and cost- be clearly mentioned that the son in this case has no ly court cases become the order of the day. Brothers share whatsoever in the ownership of the business. If stop talking to each other. Rather, they cannot even he is being made a partner, firstly it is a condition that then bear to look at one another. he invests something into the business. If the son does not have any capital of his own to invest, the Besides the above, since this “partnership” ran for father could give him an amount as a gift. He would years without any proper agreement, nor were prop- then invest this amount into the business and pur- er records of the personal drawings and other ex- chase a share therein. All these matters should be re- penses maintained, it becomes almost impossible duced to writing in the form of a partnership agree- to find an amicable solution which is agreeable to all ment. The share of profits that each partner would the partners. All this chaos ensued as a result of not be entitled to should also be explicitly mentioned so treating a business matter strictly in a formal man- that there is no problem later on. [Exerpt from an article by Mufti ner from the very inception of the business, or at the Taqi Usmani Hafidhahullah]

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Q: Is it preferable to drink the Zam- - Qurbani can be made at any not from the root, Qurbani will be Zam water whilst seated or whilst time in these days during the day permissible. [Shaami 323/6 – Fikr] standing? or night if proper lighting arrange- ments are made which can avoid Q: What is the ruling regarding the A: It is preferred to drink the water of any errors in slaughter [i.e. in the act animals that have been stunned? Zam-zam whilst standing. One may of slaughter or identification of the Can they be consumed? drink whilst seated as well. [Maraqil animal]. Falah; Pg. 35, I’laus-Sunan 213/10 – A: If the animal was certainly alive Idaratul-Qur’an] - If one is having his Qurbani at the time of Shar’i slaughter, the done in another country, then the meat will be Halal to consume. It is Q: - What are the times for mak- country where the Qurbani is tak- however better that the act of stun- ing Qurbani? ing place will be taken into consid- ning be avoided. [Shaami 295/6 – - Can we slaughter after Magh- eration. The country where the per- Fikr] rib/Esha on the first day of Qurbani son is present will not be taken into to the last day before Asr? consideration. Therefore, the Qur- Q: I have already performed my - If I send Qurbani abroad and bani can be made in the other coun- Fardh . We have been accredited their Eid day or is before mine, try on the day of Eid in that country, to go for Hajj this year and I would is it permissible? even if it is one day before the day like to perform Hajj on behalf of my of Eid in your country. Likewise, father that has passed away. Please A: - There are three days of Qur- Qurbani can also be made in that explain the rules and also what will bani; 10th, 11th and 12th of Dhul- country after the Eid Salah, even be the intention that would be made Hijjah. though the Eid Salah hasn’t yet tak- at the time of putting on the ihram - en place in your country. In essence, for Hajj. At the time Hajj was not The beginning time of Qurbani: the place of slaughter will be taken obligatory on him and there was no 1. Those residing in villages into consideration. Whilst this is bequest made by him either. I would where Eid Salah is not performed: permissible, it would be preferable like to take this opportunity and They can commence the Qurbani af- to do Qurbani on the day of Eid of perform Hajj for him. ter Subh Sadiq (break of dawn when that person. [Shaami 318/6 – Fikr, Fajr time sets in). Al-Lubab 233/3, Durar, Al Ikhtiyar] A: Since Hajj was not obligatory on 2. Those residing in towns / cit- your father when he passed away, ies where Eid Salah is performed: Q: With regards to Qurbani bulls, the Hajj you intend to perform will They will commence after the Eid the horn is heated a bit when it is be Nafl. Your intention of such a Salah has been performed. small so that it doesn’t grow {the Hajj will be that Allah Ta’ala conveys horns}. However, the root is there. the reward you receive from per- The ending time of Qurbani: Can we make Qurbani of such an forming such a Hajj to your Mar- The time for Qurbani will end on the animal? hoom father. There are no special 12th of Dhul-Hijjah just before sun- conditions of such a Hajj. [Shaami set. A: An animal whose horn does not 601/2 – Fikr] - The best day for Qurbani is grow (for whatever reason), the the day of Eid-ul-Adh’ha [10th of Qurbani of such an animal is per- Q: What are the prohibited parts Dhul-Hijjah], followed by the 11th missible. If the horn is broken off to consume in an animal? Is spinal and then the 12th of Dhul-Hijjah. from the root, then Qurbani will not marrow permissible? be permissible. If it is broken, but

HE HAS NOT THANKED ALLAH WHO HAS NOT THANKED PEOPLE [ABU DAWOOD] A: The Fuqahaa (Jurists) of the - Animals without ears. to 14 days after having taken the Madhhab have ruled that - Those animals who have lost medication. Therefore, the 6 days seven parts of an animal are prohib- most of their teeth and are unable to will be regarded as haidh (menses) ited for consumption. They are as eat grass/graze. and the subsequent 8 days will be follows: [Hidaya, Hindiyyah, Fatawa DUZ; regarded istihadha. You will there- • Flowing blood 431-32/6] fore read the Salah of these days by • Male genitals performing wudhu (ablution) for • Female genitals Q: Can meat of a Qurbani animal be every Salah. [Badai’us-Sanai 41/1 – • Testicles consumed if done for a deceased? DKI, An-Nahrul Faiq 139/1] • Glands • Bladder A: If the deceased had made a be- Q: What is the ruling if a • Gall bladder quest for the Qurbani and the heirs makes tawāf al-ziyārah in the state Spinal marrow is Halaal.[Kitabul fulfilled the bequest, it is Wajib that of haydh? Aathar; Pg. 179 – Idaratul Qur’an, the meat be given in Sadaqa (char- Badai’-us-Sanai, Kifayatul Mufti, ity). If, however, the Qurbani was A: As long as a woman cannot per- Imdad Al Ahkam] done for the Isaale-Thawaab of the form the tawāf al-ziyārah due to her deceased (not bequest), the meat haydh, there is no penalty for her in Q: What are the ages for Qurbani can be consumed. [Ibid] delaying it even if she does it after animal? its time has passed (sunset on the Q: Can ones persoanl Qurbani meat 12th of Dhul-Hijjah.) If a woman A: Goat, Sheep, Ram : 1 year be used in savoury fillings and sold? performs tawāf al-ziyārah while in or older haydh then in such a case it is wājib Bull, Buffalo, Cow, Ox : 2 years or A: It is not permissible to sell any for her to repeat that tāwaf in a state older portion of a Qurbani animal. It is of purity as long as she is present in Camel : 5 years or compulsory to give the money re- Makkah. older ceived from any sale of Qurbani Animals younger than the pre- meat etc. in Sadaqa (charity) to the Repeating the tawāf will erase the scribed ages are not permissible for poor. [Badaius-Sanai 81/5] penalty that would otherwise have Qurbani. A sheep that is more than been wājib on her for making tawāf six months old, however, physically Q: After having intercourse and al-ziyārah while in haydh. Howev- appears to be a year old will suffice , if fluid comes out, do I have er if she does not repeat the tawāf for Qurbani. [Hindiyyah] to repeat my compulsory bath? al-ziyārah which she had performed while in haydh the tawāf will still be Q: Can Qurbani meat be given to A: If after having intercourse, one valid, but a penalty of one camel or non-Muslims? has urinated, or had slept or had one cow will now have to be given walked at least 40 steps and there- within the precincts of the Haram. A: Qurbani meat should prefera- after fluid comes out and there is no She should also make istighfār for bly be given to Muslims. However, urge and desire as well at that time, entering Masjid Al-Harām and do- if distributed to non-Muslims, it then ghusl will not have to be repeat- ing tawāf in haydh. will be permissible. It is howev- ed. The soiled parts can be washed er not permissible to give Qurbani and wudhu be made. [Shaami 160/1 of a vow (nadhr) to non-Muslims. – Fikr] [Hindiyyah 300/5 – Rashidiyyah, Aap Ke Masail Aur Un Ka Hal] Q: Due to some severe acne and al- lergic problems due to birth control DARULIFTAAMW.COM Q: What are the defects which affect pills, the specialist asked me to use the validity of Qurbani? IUD. Due to that my period has ex- Headed by tended from 6 to 14 days. So will the Mufti Safwaan Ibrahim A: - Those animals that are total- extra 4 days be considered as Haidh ly blind, one-eyed or have lost 1/3 or or should I start praying after 6th Under the advice, guidance, more of their eyesight. day? and supervision of Mufti Ebrahim Desai - 1/3 or more of one ear or the A: You stated that your period was [Hafidhahullah] tail is cut. previously six days and has shifted Head, Darul Iftaa South Africa

NO ONE WHO HAS THE WEIGHT OF A SEED OF ARROGANCE IN HIS HEART WILL ENTER PARADISE. [SAHIH BUKHARI] THE DAY OF ARAFAH A MAGNIFICENT DAY! GRATEFULNESS TO ALLAH By: Mufti Ebrahim Desai (Hafidhahullah) Rasulullah (Salaallahu alai- Almighty Allah has blessed us with so many bounties that it is impossible to enu- hi wasallam) said “There is merate the bounties of Allah Ta’ala. While we are required to thank Allah for His no day in which Allah sets innumerable bounties, we will never be able to fulfill the right of thanking Allah. No free more souls from the fire one can ever fulfill the right of thanking Allah. We will still have to thank Allah for of hell than on the day of the Tawfeeq and ability to thank Him and that will go on and on. Arafah; and on that day Al- We should verbally thank Allah for His bounties on us to the best of our abilities. lah draws near to the earth Obedience to Allah and fulfilling the obligations towards Allah is the actual Shukr. and, by way of exhibiting his To disobey Allah is the greatest form of ungratefulness. We use His bounties to dis- pride, remarks to the angels, obey Him, Astaghfirullah. In order to induce the spirit of Shukr in us, think of the “What is the desire of these various bounties of Allah upon us. servants of mine?” (Muslim)

What if I was insane? So whether we are on the plain What if I was blind? of Arafah or in our homes if What if I was deaf? What if I was crippled? we ask, Allah will give. Ask for What if I could not walk? the goodness of this world and, What if…? What if…? What if…? more so, ask Allah to guide you to live a righteous life so Such questions will help us to realize the bounties of Allah and lead us to the recog- that you may experience the nition of Allah. goodness of the hereafter too.

Thanking Allah should be with the heart, tongue, and deeds and should continue all the time in various ways, be it by reciting the , remembering and praising Allah through Dhikr, Nafl Salah, Sadaqah in the path of Allah etc. GIVING THE HEIRS THEIR DUE

Anas bin Malik Radhiyallahu Anhu “Indeed a man, and a woman, narrated that Rasulullah Sallallahu perform deeds in obedience to Rayyandesignstudio.com by: Design Alaihi Wasallam said, whoever Allah for sixty years, then death deprives his heirs from inheritance, presents itself to them, and they Allah will cut out his share from cause such harm in the Will (by Jannah on the day of Qiyaamah”. depriving an heir of inheritance) [Sunan Ibn-Majah. Book 22, 2807] the Fire (of Jahannam) becomes warranted for him. Abu Hurairah Radhiyallahu Anhu [Jami` at-Tirmithi 2117. Book 30, Hadith narrated that the Messenger of Allah 2] Sallallahu Alaihi Wasallam said:

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