Burial site of Prophets Ibraheem and Isma’eel
Fatwa No: 82689

Question

1- Where were Prophets Ibrahim and Ismail buried?
2- What is the "Kaffara" or penalty of a women who went out after her husband died only 2 months earlier and before the "Idda and Heddad" mourning period has passed? She went to visit her sick son at hospital, see her son in-law before he went to Hajj and, finally she went to the doctor for some troubles. Does she have to pay anything or fast?
3- I forgot to pay "Zakat ul-Fitr" before Eid, because My father usually paid it but he died this year by the end of Ramadan so we were mourning him and I forgot to pay it for myself, so how much shall I pay with penalties?
4- Can a Muslim fast Nawafel without making intention? I knew in the morning only that it was the beginning of Dhul-Hijjah and I did not eat anything so when I knew this I continued and fasted the rest of the day so is it acceptable, or do I have to make previous intention?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

 

1- There is no specific expiation for the mentioned woman. She is only obliged to return to Allah in repentance for violating the rules of the Sharee’ah. She should seek the forgiveness of Allah and perform supererogatory acts of worship as much as possible. A woman in her waiting period may leave her home in order to fulfill her necessities, such as to consult a doctor and the like. However, going out without a dire necessity is prohibited.

2- Imam Ibn Katheer  may  Allaah  have  mercy  upon  him reported that ‘the Prophet Ibraheem [Abraham]  may  Allaah  exalt  his  mention was buried in a village called Hebron, presently called al-Khaleel. The graves of the Prophet Ibraheem, his son Ishaq and his grandson Ya’qoob are all at that place. People have been narrating this matter from the time of the children of Israel until now’. [Al-Bidayah wan-Nihayah vol.I, page: 162,163].

He (Ibn Katheer) reported that the grave of the Prophet Ismaeel (Ishmael)  may  Allaah  exalt  his  mention is in Makkah, beside the Ka’bah.

3- It is obligatory on every Muslim to pay the Zakatul-Fitr before praying the prayer of ‘Eed Al-Fitr, as Ibn Umar  may  Allaah  be  pleased  with  him narrated: "The Prophet ordered us to pay Zakatul-Fitr before the people went out to perform the ‘Eed Al-Fitr prayer". [Al-Bukhari and Muslim]

Paying Zakatul-Fitr is an obligation on every Muslim and its time is before performing the prayer of ‘Eed Al-Fitr, thus any intended delay in paying it is a sin and it is no longer considered as Zakatul-Fitr, but only as a charity. The Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "If one pays Zakatul-Fitr before the prayer, it is considered as an accepted Zakah. However, if he pays it after the prayer, then it is considered an ordinary charity". [Abu Dawood, Ibn Majah, Al-Hakim].

However, if a person forgets to pay it, he would be excused as Allah Says (what means): {Our Lord! Punish us not if we forget or fall into error.} [Quran 2:286]. So, if he pays it after the prayer, Allah may accept it and then it is called Sadaqah or alms only, since the reason for delay was forgetfulness.

4- The intention for obligatory fast must be made before Fajr since an obligatory fast means to fast the entire day; so the intention should precede the fasting like other acts of worship.

As for the voluntary fast, the Muslim jurists hold two opinions:

The view of the majority of the Jurists: The intention for a voluntary fast may be made at any time during the day of a fast before committing any action that invalidates the fasting. They base their opinion on the Hadeeth narrated by ‘Aa’ishah  may  Allaah  be  pleased  with  her who said: "The Prophet came to us one day and said: 'Do you have any (food)?' we said, 'No'. He said: 'Therefore, I am fasting". He came another day (and asked for something to eat) she said: 'Hais (an Arabic dish) is presented to us'. He said: 'Give me, then he ate and said: 'I had intended to fast in the morning'." [Muslim]

They also support their view by the actions and sayings of the Companions of the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ). Imam Al-Bukhari  may  Allaah  have  mercy  upon  him entitled a heading in his book 'If the intention of observing the fast was made in the daytime'. Under this heading he narrated that Umm Ad-Darda' said: “Abu Ad-Darda' used to ask, "Do you have food?" If we answered in the negative, he would say, "So, I am observing the fast today". Abu Talhah, Abu Hurayrah, Ibn 'Abbas and Hudhayfah  may  Allaah  be  pleased  with  them did the same.

There are many authentic reports of many other Companions proving the same practices.

These jurists also support their opinion from analogy. Imam Ibn Taymiyyah  may  Allaah  have  mercy  upon  him said: 'Intentions may be made during the day of voluntary fast as the Hadeeth of ‘Aa’ishah, proves. However, Allah and His Prophet exempt some necessary actions if performed voluntarily while they do not exempt them in obligatory acts. For example, standing in obligatory prayers is an obligation while it is not so in voluntary prayers. This is a Grace of Allah on His Slaves in order to facilitate for them the voluntary acts of worship. The supererogatory acts are always easier than obligatory ones. This is the more appropriate opinion'.

Secondly, the opinion of the Maliki School of jurisprudence and few other pious predecessors: They stipulate that the intention must be made before Fajr for voluntary fasts. The basis for this opinion is a Hadeeth which reads "he who does not determine to fast before dawn does not fast".

Moreover, the scholars of Hadeeth  may  Allaah  have  mercy  upon  them differ regarding the origin of this Hadeeth, whether it is from the Prophet or just a saying of Hafsah  may  Allaah  be  pleased  with  her who is the main narrator of this Hadeeth.

Many scholars of Hadeeth hold the opinion that this is not from the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ); rather, it is the saying of Hafsah  may  Allaah  be  pleased  with  her. Imams Al-Bukhari, At-Tirmithi, and An-Nasa’i are among those scholars who say that it is only narrated from Hafsah  may  Allaah  be  pleased  with  her.

These scholars say that the meaning of this Hadeeth is common, so one should make intention before dawn for both kinds of fast; obligatory fast as well as voluntary fast.

The majority of the Muslim scholars say that if the Hadeeth narrated from Hafsah  may  Allaah  be  pleased  with  her is authentic, it stands for obligatory fasts only, while the Hadeeth of ‘Aa’ishah  may  Allaah  be  pleased  with  her stands for non-obligatory fasts. So, the opinion of the Maliki School is not sound. In addition ‘Aa’ishah’s Hadeeth  may  Allaah  be  pleased  with  her makes clear that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) intended to fast after requesting something to eat, and when he did not find anything to eat, he began fasting that day.

Allah knows best.

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