asalamualikum...
* Ramadaan 1427 = 2006 *
by *Shaykh Muhammad al-Maaliki حفظه الله *
on Saturday, October 14th, 2006
http://albaseerah.org/forum/showthread.php?t=4377
9. *Question:* What is allowed between the spouses that will not break the
fast, (excluding intercourse, is there anything allowed)? According to the
madhhab of Imaam ash-Shaafi’ee رحمه الله touching your husband or wife’s
skin breaks your wudū’ and hence, kissing them also breaks the wudū’. How
strong is this ruling in terms of dalaail (evidences) and what is the
strongest opinion?
*Answer:* Alhamdulillaah, the strongest opinion on this issue – breaking
wudū’ by touching a woman whether she is from the *mahaarim* or not, which
is this opinion of Imaam ash-Shaafi’ee, was clarified by one who preceded
Imaam ash-Shaafi’ee. He was Ibn Abbas, *Habrul Ummah* and *Tarjumaanul
Qur’aan* (Interpreter of the Qur’aan), the one who said *“I never knew
anyone who has more knowledge of Qur’aan than I and if I knew that there is
someone who knows more Qur’aan than I do, or understands Qur’aan better than
I (understood it), I would go to him as long as the camel can reach that
place.”* That sahaabi, Ibn Abbas used the same evidence as Imaam
ash-Shaafi’ee, Imaam Ash-Shaafi’ee came after him and said that *“if a man
touches a woman or a woman touches a man it breaks the man’s wudū’,”* he
said that Allaah تعالى said:
أَوْ لاَمَسْتُمُ النِّسَاء
*{….Or you have been in contact with women (by sexual
relations)….}*[An-Nisa’ 4:43]
Imaam Ash-Shaafi’ee said *“or you touch a woman” *, then he said that if you
touch woman, based on this ayah your wudū’ is broken or nullified. Ibn Abbas
before him, said that this ayah is a *kinaayah* [36] i.e. the Qur’aan is
mentioning sexual intercourse in a very polite way instead of mentioning it
by its known name – it was said as *‘laamastum’* and *‘laams’* means sexual
intercourse; and in the other ayah:
هُنَّ لِبَاسٌ لَكُمْ وَأَنْتُمْ لِبَاسٌ لَهُنَّ
*{….They are Libâs [i.e. body cover, or screen, or Sakan, (i.e. you enjoy
the pleasure of living with them - as in Verse 7:189) Tafsir At-Tabarî ],
for you and you are the same for them….} *[Al-Baqarah 2:187].
*‘Libaas’* means clothes or like that. It doesn’t mean that the woman is
clothing for the man and the man is clothing for the woman. No, it means you
enjoy each other by sexual intercourse. And also in the ayah of Ramadaan
where Allaah تعالى said:
وَلاَ تُبَاشِرُوهُنَّ وَأَنْتُمْ عَاكِفُونَ فِي الْمَسَاجِدِ
*{….And do not have sexual relations with them (your wives) while you are in
I‘tikâf (i.e. confining oneself in a mosque for prayers and invocations
leaving the worldly activities) in the mosques….} *[Al-Baqarah 2:187].
Here *‘mubaashirah’* is also *kinaayah* for sexual desire. Ibn Abbas says,
in the ayah *‘aw laamastum’* (in an-Nisaa’ 4:43) which Imaam Ash-Shaafi’ee
took as the proof and evidence for his opinion, doesn’t mean what Imaam
Ash-Shaafi’ee understood, rather it means that if you have sexual
intercourse with a woman then this kind of *mulaamasah* i.e. this kind of
touching is the one which breaks the wudū’, and we know that this requires
ghusl. This is what I can say about this opinion.
What is between the man and woman from what they can do (in Ramadaan), is
everything that Allaah has made permissible *except* if they are fasting,
(in which case) they should avoid it. Also, if the man is doing
*i’tikaaf*or the woman is doing
*i’tikaaf* they should even avoid speech concerning it. Wallaahu A’lam.
10. *Question:* What are the times when du'aa are accepted during Ramadaan?
What specific du'aa should you say during the different parts of Ramadaan
and on Laylatul-Qadr or the last 10 days of Ramadaan?
*Answer:* Wallaahi, the first issue: the times of du’aa are mentioned, they
are:
- between the Adhaan and the Iqaamah, in Ramadaan or other than Ramadaan
between the Adhaan and Iqaamah there is du’aa *mustajaab*.
- On Friday when the Imaam climbs the minbar – at the time he climbs the
Minbar, that is the time for du’aa *mustajaab*.
- In the last third of the night there is du’aa *mustajaab*.
- For the person who is fasting, his whole day is a time of du’aa *
mustajaab*.
- The time of breaking the fast is a time of du’aa *mustajaab*.
- When the rain is falling it is a time of du’aa *mustajaab*.
- And du’aa is good at any time and that’s why Allaah تعالى said:
وَإِذَا سَأَلَكَ عِبَادِي عَنِّي فَإِنِّي قَرِيبٌ أُجِيبُ دَعْوَةَ
الدَّاعِ إِذَا دَعَانِ فَلْيَسْتَجِيبُوا لِي وَلْيُؤْمِنُوا بِي
*{And when My slaves ask you (O Muhammad صلى الله عليه وسلم) concerning
Me, then (answer them), I am indeed near (to them by My Knowledge). I
respond to the invocations of the supplicant when he calls on Me (without
any mediator or intercessor). So let them obey Me and believe in
Me…}*[Al-Baqarah 2:186]
So Allaah تعالى is telling us that He is closer to us and He wants us to
make much du’aa, supplicating to Him. So du’aa is at any time, but there are
times which are better than the others and which I mentioned, but this
doesn’t mean that we don’t make du’aa at other times. No! We have to do it
all the time; we have to keep in contact with Allaah all the time.
What is the best du’aa? The best du’aa is what has been mentioned in the
Qur’aan and what the Prophet صلى الله عليه وسلم used to say. There is a book
called *Ar-Ruqaa ad-Du’aa* or *Ar-Ruqaa fil Kitaabi was-Sunnah* by Shaykh
Sa’eed ibn Wahf al-Qahtaanee. He gathered all the du’aa from the Qur’aan and
from the authentic Sunnah, so I advise brothers and sisters to get that if
it is translated, or they can read it directly from the text (Arabic).
And the best du’aa is what Prophet صلى الله عليه وسلم used to say between
the *Rukn Yamaani* and *Hajr Aswad* (i.e. between the Yemeni Corner and the
Black Stone during tawaaf of the Ka’bah) :
رَبَّنَا آتِنَا فِي الدّنْيَا حَسَنَةً وَفِي الآخِرَةِ حَسَنَةً وَقِنَا
عَذَابَ النَّارِ
*{…Our Lord! Give us in this world that which is good and in the Hereafter
that which is good, and save us from the torment of the Fire!}*
[Surah al-Baqarah 2:201]
And what he صلى الله عليه وسلم taught ‘Aishah to say in Laylatul-Qadr :
اللَّهُمَّ إنَّكَ عَفُوٌّ تُحِبُّ العَفْوَ فَاعْفُ عَنِّي
* “O Allaah You are One who forgives and You love forgiveness so forgive
me.”*[6]
And what he taught her to say on ‘Arafah [37]:
لاَ إلَهَ إلاَّ اللهُ وَحْدَهُ لاَ شَرِيكَ لَهُ, لَهُ الْمُلْكُ وَلَهُ
الْحَمْدُ, يُحْيِي وَيُمِيتُ, وَهُوَ عَلَى كُلِّ شَيْءٍ قَدِير
And the du’aa for your parents:
رَبِّ اغْفِرْ لِي وَلِوَالِدَيَّ
*{My Lord! Forgive me, and my parents…}* [Nooh 71:28]
This is if they die as Muslims, but if they died as kuffar (disbelievers),
you don’t seek forgiveness for them but you seek (forgiveness) for yourself
and for your children as Allaah تعالى said in Surah al-Furqaan:
رَبَّنَا هَبْ لَنَا مِنْ أَزْوَاجِنَا وَذُرِّيَّاتِنَا قُرَّةَ أَعْيُنٍ
وَاجْعَلْنَا لِلْمُتَّقِينَ إِمَامًا
*{…Our Lord! Bestow on us from our wives and our offspring the comfort of
our eyes, and make us leaders of the Muttaqûn}* [al-Furqaan 25:74]
It is better to ask Allaah تعالى what Allaah commanded his Prophet صلى الله
عليه وسلم to ask Him as Allaah تعالى said to him:
وَقُلْ رَّبِّ زِدْنِي عِلْمًا
*{… and say: "My Lord! Increase me in knowledge." }* [Taa-Haa 20:114]
This is the only place where Allaah commanded the Prophet صلى الله عليه وسلم
to ask Him for something, and He told Prophet صلى الله عليه وسلم to ask Him
for *more Knowledge*. So ask Allaah for more knowledge and Allaah تعالى will
guide you. The best is also what the Prophet صلى الله عليه وسلم used to do
in the night prayer:
[38] اللهم رب جبرائيل وميكائيل...
Also:
[39] يا مقلب القلوب ثبت قلبي على دينك
And the like. Wallaahu A’lam.
11. *Question:* Could you give the children any gifts for ‘Eed, or does it
have to be clothes or money?
*Answer:* Wallaahi, anything that can bring pleasure to the children and
even to the adult is good, as the Prophet صلى الله عليه وسلم said:
تهادوا تحابوا
*Give gifts and you’ll love each other.*[40] The *hadiyyah* i.e. gift, opens
the heart. This is well known, even to the kuffar. It is something that
Allaah تعالى put in the hearts of mankind, even the kuffar; gifts opens the
heart, that is well known. So give gifts to the children, give them clothes
– new clothes, give them sweets, give them money, all of this is good. Even
those who are very poor and cannot give anything, their smile is a big gift.
As the Prophet صلى الله عليه وسلم said:
تبسمك في وجه أخيك صدقة
*Your smile for your brother is a sadaqah. *[41]That is the best gift.
Wallaahu A’lam.
--
Masjid Ahlul-Quraan wa As-Sunnah of New york
http://www.seekknowledge.org
http://www.albaseerah.org
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