Questions:

[UmmSarah]

Assalaamu alaikum, Sh. Yaser.

I have a list of related questions which all pertain to one situation.

In class, I understood that there is a scholarly opinion which says that: a prayer missed due to a woman beginning her mensus before the time of the next prayer must be made up afterwards. This would make it a Fard fidh-Dhimmah. Would making up this Fard also be a Fard Muwassa' or would the woman be obligated to perform it as soon as she remembered after becoming pure? If it is a Fard Muwasa' and she remembers during a time that prayer is forbidden, should/can she pray it then? Would it be considered a prayer with a sabab? My last question is... if a person held the view that one should not pray anything at times of nahy (sabab or no sabab) and this woman prayed at that time, would her prayer be an example of something which is both Fard and Haraam at the same time?

Jazaakumullaah khair and may Allaah bless you in your time and efforts.

[UmmSarah]

Assalaamu alaikum,


I would also like to ask about the difference between Fard Muwassa' and Fard Mutlaq. Would something like Hajj that you can do at any time of your life be Muwassa' or Mutlaq?

[Yaser Birjas]

In class, I understood that there is a scholarly opinion which says that: a prayer missed due to a woman beginning her mensus before the time of the next prayer must be made up afterwards. This would make it a Fard fidh-Dhimmah. Would making up this Fard also be a Fard Muwassa' or would the woman be obligated to perform it as soon as she remembered after becoming pure? If it is a Fard Muwasa' and she remembers during a time that prayer is forbidden, should/can she pray it then? Would it be considered a prayer with a sabab?

The opinion of Ibn Taymiyyah and other Fuqahaa, is that if she delays the salat to a time prior to the coming salat enough only to perform the obligated one (i.e. few minutes before the time is up) and then her period starts then she is obligated to perform the salat once she is pure.

It is Fard FidhiDhimmah and it is not Muwassa' because of Hadith An-Nabi': "One who misses a salat due to sleep or forgetfulness should pray it once s/he remembers it and there is no Kaffara (expiation) for it but to do so."

So once she is pure and after taking the shower she should pray that salat even if it was during the time of Nahy, because the time of Nahy applies to the nawafil Mutlaqa not the Fard.
In support of that is hadith: "whoever catches (praying) a rak'ah from Asr before the sun sets is praying Asr on time (Fa Qad Adraka Al Asr)."

And Allah knows best

[Yaser Birjas]

My last question is... if a person held the view that one should not pray anything at times of nahy (sabab or no sabab) and this woman prayed at that time, would her prayer be an example of something which is both Fard and Haraam at the same time?



If the Nahy doesn't invalidate the action then yes, the Salat is Fard and valid but Haram in respect to the time it is performed.

But if the Nahy (Yaqtadi Al Fasad) invalidation then the scenario cannot be applied because once the person strats salat during the time of Nahy it will be null.

And Allah knows best

[Yaser Birjas]

Assalaamu alaikum,


I would also like to ask about the difference between Fard Muwassa' and Fard Mutlaq. Would something like Hajj that you can do at any time of your life be Muwassa' or Mutlaq?

Fard Muwassa' is in respect to the time it becomes due or required but Mutlaaq is in the (Afraad of the Fard) meaning: the articles that the Fard include.
In the first it is one article (Hajj) and you have the option to perform at any tiem of your lifetime.
Mutlaaq you have the option of choosing any of the articles, types, categories or other variables to fulifill the Fard.

and Allah knows best.

[UmmSarah]

Fard Muwassa' is in respect to the time it becomes due or required but Mutlaaq is in the (Afraad of the Fard) meaning: the articles that the Fard include.
In the first it is one article (Hajj) and you have the option to perform at any tiem of your lifetime.
Mutlaaq you have the option of choosing any of the articles, types, categories or other variables to fulifill the Fard.

and Allah knows best.
Jazaak Allaahu khaira.

[Najeeb]

Shaykh Yasir,

Assalam. Chapter 5 - Sources about which there is a General Disagreement; are we going to revisit this in Usool alFiqh-II. I see that the book you recommended "Hashim Kamali" has a detailed explanation on these (7 chapters dedicated); in class we covered them pretty quickly. So do we go in detail for this?

[UmmSarah]

I have previously learned that the Prophet -sallallaahu 'alayhi wa sallam- instructed us not to pray in the presence of food. I also learned that Rasoolullaah -SAS- taught us that it is forbidden to pray when fighting the urge to use the restroom.

In our class, I learned that it is not permissible to pray if one is extremely sleepy and in another class the speaker had mantioned that one should not pray if they are feeling extreme grief or anger (until they calm down). Do these rulings have their own textual evidences or are they based on qiyaas, by comparing these new cases to an original one? If it is qiyaas, which of the first two ahaadeeth is the original case (if either)? Can there be more than one original case (text) from which the 'illah is derived? What would the 'illah be in this case? Is it that the person CAN NOT concentrate on their salaah in times like these?

Jazaakumullaah khair.

[UmmSarah]

To my understanding, we learned in class that it is difficult to imagine factual ijmaa' to take place after the era of the sahaabah. I was wondering about later ijmaa's, such as the ijmaa' that all of the ahaadeeth in Saheeh AlBukhaaree and Muslim are to be accepted regardless of chain. What kind of ijmaa' would that be and what level of proof does it constituate?

Wa jazaakumullaahu khairaa.

[Yaser Birjas]

Shaykh Yasir,

Assalam. Chapter 5 - Sources about which there is a General Disagreement; are we going to revisit this in Usool alFiqh-II. I see that the book you recommended "Hashim Kamali" has a detailed explanation on these (7 chapters dedicated); in class we covered them pretty quickly. So do we go in detail for this?

The focus of the class was on the sources about which there is unanimous agreement first and then general agreement.
The third category has many different opinions that might casue some confusion.
The class presents them to the student in order to help him/her identify the reasons behind the Khilaaf of the Ula'maa.
I did refer to the book mentioned for further study. This part is on the student and the forums are here to help answer the questions may arise from this study and from reading the book.

[Yaser Birjas]

I have previously learned that the Prophet -sallallaahu 'alayhi wa sallam- instructed us not to pray in the presence of food. I also learned that Rasoolullaah -SAS- taught us that it is forbidden to pray when fighting the urge to use the restroom.

In our class, I learned that it is not permissible to pray if one is extremely sleepy and in another class the speaker had mantioned that one should not pray if they are feeling extreme grief or anger (until they calm down). Do these rulings have their own textual evidences or are they based on qiyaas, by comparing these new cases to an original one? If it is qiyaas, which of the first two ahaadeeth is the original case (if either)? Can there be more than one original case (text) from which the 'illah is derived? What would the 'illah be in this case? Is it that the person CAN NOT concentrate on their salaah in times like these?

Jazaakumullaah khair.

As for the first ruling i.e. not to pray in condition of extreme sleepiness it is reported in many ahadith in Bukhari, Muslim and other collections of hadith and they all seem to refer to the same incident.
The incident is the story of Zainab the wife of the Prophet salla Allahu alayhi wa sallam when she had a rope attached to the pillars of the Masjid to assist her in salatul alail (Qiyaam).
On seeing it the Messenger said: “untie it. Let one of you pray what they can and if one feels sleepy he should get some sleep.” in one narration the reasoning was giving “for one might intend to supplicate but curse himself instead.” That is out of extreme fatigue.
Even though the hadith is for a particular occasion but the Ulamma preferred the generality of the text over the particular incident therefore applied it to the Fard.
some say that it applies as long as there is enough time to wake up before the time for salat is up.

The occasions you mentioned first about salah when the food is present and fighting the urge to go to the restroom are mentioned in one hadith and therefore the Illah is one and that is to avoid any distraction.
A statement from Abu Dardaa’ can help figure that the Illah is as said earlier ‘avoid distraction’ because distraction might lead to mistakes which might invalidate the salat. He said: “One sign of the fiqh ‘understanding’ of a man is that he intends to finish everything he works on first before he starts his salat.”

As for what the speaker has mentioned as you reported to avoid praying in a state of extreme grief or anger I personally don’t know any narration or hadith regarding this particular scenario.
And if it would be based on Qiyas then the Illah seems to be one ‘Avoid distraction’. In this case the Qiyas can be applied to both hadiths (avoid salat while in extreme sleepiness or when food is present or fighting the urge).
As long as the Illah is one and the hukm can be transferred equally to the Far’ in this case is to delay salat then yes you can have more than one Asl to make your Qiyas.

wallahu A’alam

[alikhlas]

Assalaamu Alaykum,

It was mentioned in class that one should only follow one Madhab; but if a person has the Hadith proving another Madhab's opinion to be the stronger one, should they follow it, or the weaker one [because it is of the Madhab that they have been following]?


JazakAllah Khayra

[Faizan]

Assalaamu Alaykum,

It was mentioned in class that one should only follow one Madhab; but if a person has the Hadith proving another Madhab's opinion to be the stronger one, should they follow it, or the weaker one [because it is of the Madhab that they have been following]?


JazakAllah Khayra

Assalamu Alaikum,

I believe we learned that there were some stipulations to that qualification. For instance, if a person is not able to seek the opinions of other ulamaa he should stick to one madhaab. Someone please correct me if my understanding of the issue is incorrect.

[UmmSarah]

Assalamu Alaikum,

I believe we learned that there were some stipulations to that qualification. For instance, if a person is not able to seek the opinions of other ulamaa he should stick to one madhaab. Someone please correct me if my understanding of the issue is incorrect.
SHAYKH SAALIH AL-FAWZAAN (http://allaahuakbar.net/scholars/saalih_ibn_fawzan/INDEX.HTM) was asked: Is it permissible for one who sticks to a particular madhhab in matters of worship, to turn away from it and stick to another madhhab whenever he wants? Or is it binding upon a Muslim to stick to just one madhhab until he dies?

The Shaykh, hafidhahullaah, responded: The issue of sticking to a madhhab has in it some detail. If a person has the ability to know the ruling from its proof, and to deduce the ruling from its proof, then it is not permitted for him to cling to a madhhab. rather, it is upon him to take the ruling from the evidence - if he has the ability to do so. However, this is rare amongst the people, since this is a quality of the mujtahideen from the people of knowledge; those that have reached the levels of ijtihaad. As for one who is not like that, then he cannot take the rulings directly from the evidences. And this is the predominant case amongst the people, especially in these latter times. So [in such a case] there is no harm in adopting one of the four madhhabs and making taqleed of one of them. However, he should not make blind taqleed such that he takes all that is in the madhhab; whether it is correct or incorrect. Rather, it is upon him to take from the madhhab that which - in his view - does not clearly oppose the evidence. As for those views in the madhhab which clearly oppose the evidence, then it is not permissible for the Muslim to take it. Rather it is upon him to adopt what is established by the proof, even if it is in another madhhab So his leaving the madhhab for another madhhab in order to follow the evidence is something good; this is a matter which is good - rather it is obligatory; since following the evidence is an madhhab in order to follow the evidence is something good; this is a matter which is good - rather it is obligatory;since following the evidence is an obligation.
As for adopting one madhhab sometimes and another at other times, then this moving is from the angle of following ones desires and seeking concessions, and this is not permissible. Meaning, that whatever accords with ones whims and desires, from the sayings of the people of knowledge, is taken - even if it opposes the proof; and whatever opposes ones whims and desires is left - even if it has a proof. This is the following of whims and desires, and we seek refuge in Allaah [from that]. Thus, moving from one madhhab to another, due to following ones desires, or due to ease or seeking concession; then this is not permissible. As for moving from one madhhab to another due to following an evidence, or to flee from a saying that does not have a proof, or from an erroneous view - then this is a matter that is encouraged and sought from a Muslim. And Allaah knows best.

[alikhlas]

Assalaamu Alaykum,

JazakAllah Khayra for the information, but, I still have a question..

"Thus, moving from one madhhab to another, due to following ones desires, or due to ease or seeking concession; then this is not permissible"
..The Madhab of Abu Hanifa does not take any concessions, whereas the other three do. However, the opinion of Abu Hanifa is stronger in certain things [as according to evidence]. So does the above phrase apply to this, making the following of concessions in Salah/during travel, etc. part of "following ones desires", though there may be more reward in doing so?

[Faizan]

Assalamu Alaikum,

Is it then safe to say that if you follow the strongest opinion you will be fine?

[UmmSarah]

Assalaamu alaikum, Shaykh.

This is a fiqh question related to the issue of games of chance which was brought up in class. Most teachers nowadays try to reinforce the skills they teach their students by playing games that the kids will enjoy... these include matching games, bingo games, etc. The games all include an element of chance, but skill/knowledge is also involved, and that is what the teacher wants to reinforce. Would these games go under the category of games of chance that you mentioned in class in comparison to games with dice?

[RimzaAW]

AsSallamu Alaykum wa RahmatuAllahi wa Barakatuhu,

I had a few questions while I was studying: If either Sheikh Yaser or Muhammad can shed some light on them.

1. What is the difference between Seegh Al Amr and Fee'ul Amr?

2. Types of sunnah are classified into the following levels:
A. Sunnah Muakaadah
B. Sunnah that one does on occasion
C. Sunnah that one does when they have the strength.

I am trying to understand where the regular everyday sunnah fit in according to this classification?

3. Code Four (Fard Muwassa, Mudayyaq, and Mutlaq)
Under the bucket seat fard, it doesn't give a definition, but gives an example: "Or someone who delays their Salah until there are only about 20 minutes left, and then travels on the highway, knowing they won't get to stop for 45 minutes, such a person would be blameworthy"

I understand this two ways:
A. It's an example for sofa seat fard, like the example given above it (for the person showering and delaying their salah, that it would be blameworthy)
B. It's an example for bucket-seat fard as you have restricted yourself to perform the act at a certain time only, hence fard Mudayyaq.

Which understanding is more correct, or if I missed the point, would you clarify.

Also what would be the definition for fard Mudayyaq, since it was not given.

Jazak-Allahu Khairan

[IWantJannah]

Asslamu Alaikum,
so far i'm at the end of the line with a question. Although I've yet to take this class i just wanted to clarify what 'salafi' (spelling?) is since the basis of this class is relied upon salafi ( i think)

oh and just so we know, Shaykh Yaser Birjas had been busy with teaching this class in the bay area in California... and this weekend coming up, he'll be coming to Sacramento.... Alhumdulillah.
so we have to be patient...

[young_muslimah14]

Aslamualaikum wa Rahmatullah.

Start posting your questions here......and we all know that we have waaaaay too many. Keep yourself busy with this thread Shakyh :)


1. When you mentioned the breaking of the fast if a guest comes to your house around Zuhr time, does this ruling apply to the Hanafee Madahab?

2. Not to be judgemental or prejudiced, but I have a dying question. Which school of thought (if any) do you follow Shakyh?

3. Would going to a public gym be considered Haram or Makrooh?

4. Since there is no exact number, what would be considered a sufficent percentage of the Muslim community to attend a janazah?

5. Is the ruling for a wedding invitation the same as an invitiation for food?



enjoy :)

[RabizidneyILMA]

as Salamu alaykum Shaykh Yaser,

May Allah increase your knowledge, sincerity and application, and grant you health and ability to continue to learn and teach our ummah, and honor you with seeing its weighty fruits on the Day of Judgment. Ameen.

In class we discussed:
Kufr- there are 2 things amongst the people which are kufr: to make false accusations in lineage, and to wail on the dead.

I have a few questions regarding this point

1. What exactly does it mean that these actions are kufr? The term kufr is very heavy, and I'm trying to understand what it means when applied to a Muslim who commits these actions.
For example, if a woman changes her last name to that of her husband's when she marries him, what exactly does that mean in respect to an action of kufr?

2.Is it denial of lineage to shorten one's last name in non-legal things (ie- writing one's name on a homework assignment or on an article one has written, but acknowleding that this is the shortened version, not the actual last name, and that one does not do this on legal documents, such as drivers liscence, etc?) Or would this be mubah/makrooh? ie: If a person's last name is "Islammuslim", they would only write, "Islam" on a homework assignment, for example, but use their entire name for other matters, such as passports, applying for school, etc.

3- Would it be considered denying one's lineage if the person hyphenated their last name?
for example, a person's last name is "Islammuslims", and to make it easier for people to pronounce it, one adds a dash to make it "Islam-Muslims."
Technically this is originally not in English, so the last name did not look like that from the beginning, so would it not really be a denial in lineage because it's only another way to spell the same last name?


JezakAllahu khayr immensely