In the Name of Allaah, the Most Gracious, the Ever Merciful…
In an audio clip uploaded to YouTube entitled, “The Concern of Giving Full Preference to the Kaafir Calendar,” (15 min., 35 sec.) I became confused about an issue and spoke incorrectly.
Discussing the harms of living by the Gregorian calendar, I mentioned the point of the ‘iddah (mourning period) of the widow – four months and ten days. After mentioning the difference of two or three additional days that would be mistakenly included within her ‘iddah by following the Gregorian calendar, I then erred by mentioning that she would begin making her prayers up a few days late, since she would not be praying during her ‘iddah.
This is clearly erroneous, as there is no connection between the mourning period and performing the prayer or leaving it. To be absolutely clear: Women leave their prayers during their menses, not during their ‘iddahs.
While I am personally very embarrassed about this error, it is my duty to correct it using my available resources. I hope that my brothers and sisters would help me by informing anyone who has uploaded it about this retraction. Then, it could be edited out (15:35 to 16 minutes), along with a reference to this article. If it cannot be edited, then at least let it be paired with the retraction.
May Allaah bless the sister who informed me of the mistake, and may Allaah bless all of those who help me to correct it.
And Allaah knows best.
Written by: Moosaa Richardson
As Salaamu Alaykum, according to the opinion of Abdullah ibn Abbas Radi Allahu Anhum the breastfeeding women can give fidyah for every single day of fasting she misses, so if a breastfeeding woman intends to give fidyah and she experiences menses or postnatal bleeding what is upon her i.e. she gives fidyah as well as make up the fast or only make up the fast or only give fidyah?
May Allah grant you success.
wa ‘alaykis-salaam wa rahmatullaah. Pregnant and breastfeeding worman who fear for the health of the child may feed someone for every day of fasting (fidyah), without the need to make the day up, according to Ibn ‘Abbaas in one narration. According to this position, she only needs to feed a poor person for each day of the obligatory fast, whether she was on her menses, postnatal bleeding, or not. And Allaah knows best.
Ustaadh can you provide evidence for the above opinion?
It is the verdict of Ibn ‘Abbaas and Ibn ‘Umar based on Soorah al-Baqarah 2:184, as collected by Imaam at-Tabaree in his Tafseer.
Jazakallaahu khayran ustaadh,
Agreed but I want evidence for the second part of the answer which is (she only needs to feed a poor person for each day of the obligatory fast, whether she was on her menses, postnatal bleeding, or not. And Allaah knows best.)
Is this also specifically mentioned in the tafsir of Tabaaree?
OK, now I see why you are asking. The discussion is about pregnant and breastfeeding women who are not fasting because of their fear for the baby’s health. Their menses or post-natal bleeding is irrelevant here. That was the point. It was related to a specific group of women being asked about. Of course, normal women (not pregnant or breast-feeding) who miss days in Ramadhan due to menses or post-natal bleeding need to make the days up after Ramadhan.
assalamu alak i have posted a clarification on the vid..by the way..is there ne way u can make a lecture series on zakat i find it very difficult to understand.
If the women does not fear for the baby can she choose not to fast and give fidyah as her doctor has advised her not to stay hungry during pregnancy which is generally not deleterious to the health of the baby and take the concession or is it that she should fast ?
Assalam o Alaikum,
Respected brother Moosa Richardson, what is your opinion about the hereditary malookiyat/kingship in Saudi Arabia?
Wa ‘alaykas-salaamu wa rahmatullaahi wa barakaatuh. My opinion is that we supplicate for our Muslim leaders openly and privately, may Allaah give them success in upholding the Book and the Sunnah upon the Way of the Companions. This is from the Naseehah that is due in their favor. Fudhayl bin ‘Iyaadh -may Allah have mercy on him- was reported to have said (what means): “If I had one supplication that was going to be answered, I would make it for the ruler, as the wellbeing and righteousness of the imaam means wellbeing for the land and its people.” And may Allaah destroy the Khawaarij who seek to undermine the unity, security, and prosperity of the Muslims.
As SALAAMU ALAYKIUM…. Is it permissible for a sister that is pregnant to ask for a kullah?
As Salaam u alaykum ustaz.
Is the iddah of a woman who asks for khula same as in divorce pronounced by husband. Please clarify.
بارك الله فيكم
Wa ‘alayk as-salaamu wa rahmatullaah. The ‘iddah of a divorced woman is either three menstrual cycles, or until the delivery of the child (when pregnant). The waiting period of safety (called: istibraa’) for a khul’, based on the khul’ being classified as a faskh (annulment), not a divorce, is one menstrual cycle. The khul’ is an immediate cancellation of the contract, or annulment. They separate immediately, and the khul’ is irrevocable. And Allaah knows best.
Assalam alaykum.
May Allah bless you
A husband granted his wife a khulla 3 days after she gave birth saying it would take place after 40 days.
Of post natal bleeding were finished. Does this mean the idea start or finish after 40 days? Barakallahu feekum
Wa ‘alayk as-salaamu wa rahmatullaah. I do not know what he intended. He should consult directly with a person of knowledge and seek to understand the ruling for his case specifically.
Assalamualaikum va rahmatullah ustadh moosa.
I have a doubt regarding the iddah of a muslim women who has annulled the marriage by khula.
Is the waiting period one menstrual cycle or is it one month?
I have heard that some people adopt 3 months of iddah for khula?
So what should be followed one menstrual cycle, one month or 3 menstrual cycles?
Wa ‘alaykum as-Salaamu wa rahmatullaah wa barakaatuh. There is no ‘iddah for a woman who requests a khul’ which is then granted by the husband. There is something called istibraa’ ar-Rahim, a period of waiting one menstrual cycle before marrying again, to ensure there is no pregnancy. There is differing, and some scholars consider a khul’ to be a divorce, and so according to that opinion, a woman granted a khul’ has a regular ‘iddah, since they hold a khul’ to be a kind of divorce. What seems more correct, and Allah knows best, is that the khul’ should be considered an annulment, not a divorce, since Allah has said:
الطلاق مرتان فإمساك بمعروف أو تسريح بإحسان
“Divorce is twice, after which you can keep [her] in goodness, or release [her] in kindness…” [2:229]
Then, later in the same Verse, Allah introduces the issue of khul’, saying:
فإن خفتم ألا يقيما حدود الله فلا جناح عليهما فيما افتدت به
“And if you fear that you cannot uphold the Limits of Allah, then there is no problem on them in [considering and/or accepting] what she offers as a fidyah [in a khul’ request]…”
Then, in the next Verse, Allah mentions the third and final divorce:
فإن طلقها فلا تحل له من بعد حتى تنكح زوجا غيره
“Then, if he divorces her [again], she is then not permissible [as a wife] for him until after she marries another husband…”
So, as reported from Ibn ‘Abbaas and many scholars: Since Allah mentioned two divorces, and then khul’, and then the third and final divorce, this shows that khul’ is not a divorce. Otherwise, the khul’ would be the third divorce in this sequence of points of legal instruction. Yet, to be clear: There is well known scholarly differing over this point, and Allah knows best.
So the differing you have heard about regarding the ‘iddah is based on the issue of differing over whether the khul’ is a divorce or an annulment in the first place, as the ‘iddah for a divorce is unlike the istibraa’ of a cancellation of the contract. If we live in a Muslim land, we simply register our khul’ or divorce in the courts, and follow the instructions given there. If not, we go to our closest Islamic center from Ahlus-Sunnah and register our case there, and follow the instructions given. If that is not possible, then we contact a scholar or judge remotely, and follow those instructions. May Allah bless you, protect you, and give you success.
Does one have to go to court for the khula even if the husband accepts it?
Yes, so long as there is a system in place to keep updated records of birth, marriage, divorce, etc. within the Muslim government. That’s almost everywhere in the Muslim world today. This is needed to update the records, or else a woman will go to get married later, and the courts still recognize her as married, because the khul’ was never documented.
So in a non-Muslim countries where the nikah is not recognised, one presumably does not need to go to court?
The harms and benefits of registering the marriage in a given land need to be weighed by people of knowledge and insight who know the details of those laws. In some places, there may be considerable harms in being (or not being) officially recognized as husband and wife in government records. I can’t even give you an “American answer”, because the secular laws of marriage and divorce vary from state to state in America. And Allah knows best.
If one is praying an obligatory prayer and they leave that prayer (i.e. discontinue it and re-start it) because of waswasah repeatedly and that has become habit for them: what is the sin upon one who does this? – one who is a new Muslim who gets severe waswasah that they have made a mistake which invalidates that prayer, even if they are not sure, and they constantly break prayers and repeat them. What is the sin of this? Is it disbelief to break an obligatory prayer with no excuse? And what is upon this person to implement as a means to be cured (insha’Allah) from this?
The scholars say the way to counter wasaawis for one constantly afflicted by them is to seek refuge with Allah and ignore them. And Allah knows best.