Section — Hoarding people’s and livestock’s staple provisions is forbidden only in a small town — Tuḥfat al-Mulūk

Ruling841

1 note

Whoever hoards the produce of his own land or what he brought from another country is permitted.

Ruling842

1 note

Fixing prices (al-tasʿīr) is unlawful except when designated to avert general harm.

From the editors

Footnotes

The judge looks at her to direct the judgment based on her confession or the testimony of witnesses recognizing her; because it is necessary to look in this situation, and necessities permit what is otherwise forbidden. However, when looking, the intention should be to make a judgment about her, not to satisfy desire; because if it were possible to physically avoid looking, he should do so, and similarly, he should avoid it by intention if he cannot physically avoid it. See: al-Tabyīn 6:17, and al-Hidāyah 10:25.

Meaning, this is the time of delivering testimony, not the time of receiving it, as it is not permissible for him to look at her with desire according to the most correct opinion; because there are those who do not feel desire, so there is no need for it, and the intention should be to deliver testimony, not to satisfy desire. See: al-Mabsūṭ 10:155, and al-Tabyīn 6:17.

For a suitor interested in marrying her, it is permissible for him to look at her; because marriage after having seen her is more likely to foster compatibility and affection which leads to achieving the objectives, as the Prophet advised al-Mughīrah ibn Shu‘bah when he wanted to marry a woman, “Go and look at her, for it is more likely to ensure harmony between you two.” in Ṣaḥīḥ Ibn Ḥibbān 9:351, al-Mustadrak 2:179, Jāmi‘ at-Tirmidhī 3:397, and Sunan ad-Dārimī 2:180. The Prophet encouraged him to look without restriction, explaining that it is a means to fostering affection and agreement, and because his intention should be to uphold the Sunnah, not to fulfill desire, as in Badā’i‘ aṣ-Ṣanā’i‘ 5:122, and al-Hidāyah 10:26. al-Zayla‘ī in al-Tabiyyīn 6:18 and al-Marghīnānī in al-Hidāyah 10:25 said: “It is not permissible for him to touch her face or her hands, even if he is safe from desire; due to the presence of prohibition and the absence of necessity and hardship.’

Ruling843

1 note

Selling Makkah’s lands and leasing them is unlawful; selling its buildings is not unlawful.

From the editors

Footnotes

Because looking at one’s own gender is less severe, as mentioned in al-Hidāyah 10:26. al-Kāsānī stated in al-Badā’i‘ 5:124: ‘If a woman has a wound or ulcer in a place where it is not permissible for men to look, it is better for her to be treated by another woman if she knows the treatment. If she does not know, she should learn and then treat her. If no woman is available who knows the treatment or can learn, and there is fear of her perishing or suffering unbearable pain, then a man may treat her. However, he should only uncover the area of the wound and lower his gaze as much as possible; because the sacred prohibitions become permissible in cases of necessity, like the prohibition of dead meat and drinking wine in situations of starvation or coercion. However, what is established by necessity should not extend beyond the area of necessity; because the reason for its establishment is the necessity, and the ruling does not exceed the reason.’ Ibn Nujaym stated in al-Baḥr al-Rā’iq 8:218: ‘A physician is only permitted to do this if no female physician is available. If one is available, then he is not allowed to look.’

Ruling844

1 note

Placing vowel/divider marks in the muṣḥaf and dots is disliked; it was said it is lawful in our time.

From the editors

Footnotes

The Prophet ﷺ said: “A man should not look at the private parts of another man, nor a woman at those of another woman,” as recorded in Ṣaḥīḥ Muslim 1:266. The private area (ʿawrah) of a man extends from his navel to below his knees. The navel is not considered ʿawrah, and the knee is considered ʿawrah because the knee is a joint between the leg and thigh in a way that makes it difficult to distinguish between them. The thigh is part of the private area, and the leg is not. Therefore, in cases of doubt, one must act cautiously (ihṭiyāṭ) because the forbidden and permissible are combined, and in such cases, the forbidden predominates, as in al-Mabsūṭ 10:147, and al-Badā’i‘ 5:124. About ‘Umair bin Ishaq, he was with Abu Huraira who asked al-Ḥasan bin Ali to show the place where he saw the Prophet kissing him. He revealed his navel and kissed it. Sharik commented: “If the navel had been part of the private parts, he would not have revealed it,” as in Ṣaḥīḥ Ibn Ḥibbān 12:405, and Musnad Abū Ḥanīfah 1:90. The Prophet said to Jarhad when his thigh became exposed: “Do you not know that the thigh is private?” as in Sunan Abū Dāwūd 4:40, Jāmi‘ at-Tirmidhī 5:110, which he rated as good, and Ṣaḥīḥ al-Bukhārī 1:145 in an attached manner. This text clarifies that the thigh is considered private.Regarding the ḥadīth of ’Aisha, may Allah be pleased with her, she said: “The Messenger of Allah was lying in his house with his thighs or legs uncovered. Abu Bakr asked permission to enter and was allowed while he was in that state; they spoke, then ’Umar asked permission and was allowed while he was still in that state; they spoke, then ’Uthman asked permission, and The Messenger of Allah sat up and straightened his clothes…” as in Ṣaḥīḥ Muslim 4:1866. Ibn al-Qattan in Aḥkām an-Naẓar p.32 stated: “There is no proof in it regarding uncovering the thighs because their exposure is doubtful. What is authentically reported from Abu Musa without doubt is only the exposure of his legs, when he sat on the edge of the well of ’Uways dangling his legs, exposing his legs until all three entered” as in Ṣaḥīḥ Muslim 4:1866. al-Bayḥaqi stated in his Sunan al-Kabīr 2:230: “It is narrated with this wording: ‘uncovering his thighs or legs with doubt,’ and such a narration does not oppose the clear authentic sayings of the Prophet regarding covering the thighs and the explicit declaration that the thigh is private.”

Ruling845

1 note

Adorning the muṣḥaf, and engraving and decorating the mosque with gold leaf from other than endowment funds is permissible.

From the editors

Footnotes

Due to them being the same gender and the general absence of desire, and what is common is considered certain; there is necessity for exposure among them, such as in entering bathhouses. See: Dhākhirat al-’Uqbā pp. 578-579, al-Mabsūṭ 10:147-148, al-Hidāyah 10:30, and al-’Ināyah 10:30. Non-Muslim women, like men, are only permitted to see the hands and face of a Muslim woman. Therefore, a Muslim woman should not expose her body to them. This is based on Allah’s directive: {…tell the believing women to lower their gazes, protect their private parts, and not display their adornments…except…and their women…} [An-Nur: 31]; this refers to Muslim women as explained by scholars like Ibn ‘Abbās, Ibn Zayd, and Mujāhid. The possessive form used in the verse emphasizes their shared faith, mandating their veiling from non-believers, including those from the People of the Book, as elaborated in Aḥkām al-Qurʾān 3:409. A believing woman should refrain from undressing in front of a polytheist or a woman from the People of the Book. Ismā‘īl an-Nābulsi also stated that it is impermissible for a Muslim woman to reveal herself to Jewish, Christian, or polytheist women unless the non-Muslim woman is her slave. Furthermore, as per Niṣāb al-Iḥtisāb, it is deemed inappropriate for a virtuous woman to be observed by a wicked woman, who might describe her appearance to men. Therefore, a Muslim woman should not remove her jilbāb or khimār in such situations. See: Radd al-Muḥtār 6:371.

Ruling846

1 note

Employing eunuchs for service is disliked.

Ruling847

1 note

There is no harm in neutering livestock or mating donkeys with horses.

From the editors

Footnotes

This is permissible if he is safe from having desire; otherwise, he should not look. It is not permissible for him to look at the back, belly, or thigh due to the necessity of seeing her in domestic work clothes. Allah said, ‘Let them not display their adornment except to their husbands, or their fathers, or the fathers of their husbands, or their sons…’ [An-Nur: 31], it is permissible for him to look at places of visible and hidden adornment. The verse does not mean the adornment itself, as these are sold in markets and seen by strangers. Rather, it refers to the places of adornment: the head where the crown and circlet are worn, the hair where ornaments are placed, the neck where necklaces hang, the chest also for necklaces and scarves which may extend to the chest, the ear where earrings are worn, the upper arm where armlets are worn, the forearm where bracelets are worn, the hand where rings and henna are applied, the leg where anklets are worn, and the foot where henna is applied. See: al-Mabsūṭ 10:149, al-Badā’i‘ 5:120, al-Tabiyyīn 6:19, and al-’Ināyah 10:33-34.

Ruling848

1 note

There is no harm in visiting a dhimmī who is ill.

Ruling849

1 note

Saying in supplication: “I ask You by the knot of might from Your Throne, and by the right of might from Your Throne, and by the right of so-and-so, and by the right of the Prophet” is unlawful.

Ruling850

1 note

Playing with dice, chess, the game of fourteen, and all idle diversion except wrestling, horse racing and playing with one’s family is unlawful.

Ruling851

Saying salām to one busy with chess and dice with intent to disturb is permissible; it was said it is not permissible.

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Ruling852

Walnuts that boys play with on the Feast day may be eaten if they have not gambled with them.

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Ruling853

1 note

Listening to any form of musical entertainment is unlawful.

From the editors

Footnotes

Malāhī encompasses all forms of frivolity (lahw), even singing with the beating of a stick and blowing reed, as in al-Minḥah 3:227. al-Zayla’ī stated in At-Tabyīn 6:13, ‘All forms of entertainment are ḥarām, including singing with the beating of a stick.’ By ‘stick,’ he meant the wood of a guard, as explained in al-‘Ināyah 10:16.Prohibited musical instruments are those that create music even without singing, such as flutes, whether made of wood or reed like a whistle, or others like the lute and tanbūr, especially if they are associated with types of wine, fornication, sodomy, or incitements to these through lustful touching, kissing, or lustful glances at someone other than one’s spouse. If none of these things are present in the gathering, but the intent and thought of forbidden desires are imagined and deemed appropriate for the gathering, it is also forbidden.The Prophet Muhammad ﷺ said: ‘There will be people among my Ummah who will consider as lawful: al-Ḥarīr (silk), alcohol, khamr (wine), and musical instruments…’ in Ṣaḥīḥ al-Bukhārī 5:2123, and: ‘Some people of my Ummah will drink alcohol calling it by another name, with musical instruments and singing girls playing on their heads; Allah will cause the earth to swallow them, and turn some of them into monkeys and pigs.’ in Ṣaḥīḥ Ibn Ḥibbān 15:160, Mawārid al-Ẓam’ān 1:336, Muṣannaf Ibn Abī Shaybah 5:68, al-Mu‘jam al-Kabīr 3:283, At-Tārīkh al-Kabīr 1:304, and the Prophet ﷺ said: ‘In this Ummah, there will be swallowing (by the earth), transformation, and stones raining down. A man among the Muslims asked: ‘O Messenger of Allah ﷺ, when will that happen?’ He said: ‘When female singers and musical instruments become widespread and alcohol is consumed.’ Narrated by At-Tirmidhī 4:495. The Prophet ﷺ said: ‘Indeed, Allah sent me as a mercy and a guide to the worlds, and my Lord commanded me to obliterate musical instruments and flutes…’ in Musnad Aḥmad 5:268, Musnad at-Tayālisī 1:154, al-Mu‘jam al-Kabīr 8:196, Shu‘ab al-Īmān 5:243, and others.

Ruling854

1 note

If he hears it unexpectedly he is excused, then he strives not to hear as far as he can.

Ruling855

1 note

Striking the duff at a wedding to announce the marriage, and the drum on ḥajj and on campaign for signalling—not idle diversion—is lawful.

Ruling856

1 note

What the songstress and the hired mourner take without stipulation is permissible; with stipulation it is unlawful.

Ruling857

1 note

A woman should not ride on a saddle except from necessity on ḥajj travel—she then rides fully covered.

Ruling858

1 note

Whoever sees a wrong while being of those who commit it must forbid it.

From the editors

Footnotes

Hoarding in Islamic law refers to withholding specific collected items in a locality to drive up prices, and it is prohibited concerning the sustenance of people—such as wheat, lentils, ghee, honey, raisins, and the like—and the sustenance of animals—such as barley, hay, clover, and similar items. This is according to Abū Ḥanīfah and Muḥammad. Abū Yūsuf stated: Anything whose withholding harms people constitutes hoarding, even if it is gold, silver, or clothing.The prohibited form of hoarding is when someone buys and accumulates goods that are available in the town and withholds them for a time of high prices, or for a long period, which is determined to be forty days.It is also said: determined to be a month; because a month and longer is considered a long duration, and anything shorter is deemed immediate, as mentioned in al-Hadiyah p. 229.

As for in a large town, if it does not harm its residents, there is no issue with it, because it involves withholding one’s own property without harming anyone. However, in a small town, it involves denying the rights of the public and complicating matters for them. If the issue of the hoarder is raised to the authority, the ruler will order the sale of the surplus beyond what is needed for his sustenance and that of his family. If he does not comply, he may be imprisoned and punished as deemed appropriate. Abū Ḥanīfah did not see it permissible to forcibly sell a debtor’s property, but he allowed it in this case to prevent public harm, similar to imposing restrictions on an incompetent doctor, as in Hadiyat as-Sa‘alūk p. 229, and al-Minḥah 3:216.

Ruling859

1 note

A pregnant woman: if the child obstructs in her womb at delivery, and she is feared for, and he cannot be brought out but by cutting him—it is not permitted to cut him except if he is dead.

Ruling860

1 note

A pregnant woman died and the child moved in her womb: if life and survival preponderate in probability, her belly is cut from the left side and he is taken out.

From the editors

Footnotes

The majority of jurists from the Ḥanafi, Maliki, Shafi’i, and Ḥanbali schools agree that setting fixed prices is not permissible under normal conditions where there is no apparent injustice from the traders nor any excessive rise in prices. See: Ḥukm at-Tas‘īr fi al-Islām pp. 12-13.

Because the price is the right of the contracting parties, its determination should be left to them; it is not appropriate for the leader to interfere with their right, as mentioned in al-Hadiyah p. 230. Allah says: {Except it be a trade amongst you by mutual consent} [An-Nisa: 29]. Anas reported that the people said: ‘O Messenger of Allah , prices have risen, so set them for us.’ The Messenger of Allah replied: ‘Indeed, it is Allah who dictates prices, who restrains, gives lavishly, and provides, and I hope to meet Allah such that none of you will have a claim against me for an injustice regarding blood or property.’ in Sunan Abi Dawud 2:293, Sunan at-Tirmidhi 3:605, who authenticated it, Sunan Ibn Majah 2:741, and Musnad Ahmad 3:286.

Price controls are justified when food suppliers excessively exploit Muslims by grossly exceeding fair market value, and the rights of Muslims cannot be protected except through price controls. Then, pricing is done with the consultation of those who are knowledgeable and experts to mitigate public harm. If this is done and someone exceeds these set prices and sells at a higher rate, the judge may validate the transaction. This is the apparent narrative and the opinion of Abū Ḥanīfah; he does not see placing restrictions on the free, and likewise according to them; because placing restrictions on unknown groups is not valid unless it is on specifically identified individuals.The judge or ruler should not hastily punish someone who sells above the set price, but rather should admonish and deter them. If the case is brought to him a second time, he should do the same and threaten them. If brought a third time, he should imprison and punish them to prevent further offenses and protect the public from harm. In al-‘Atabī: If someone sells something at a price higher than what the Imām has determined, the Imām is not required to annul it, and egregious overpricing is when something is sold at double its value. If food suppliers refuse to sell, the Imām may force them to sell it on their premises, considering it a matter of placing restrictions. It is said: He should sell by consensus; because general harm and specific harm are involved, and general harm takes precedence. Some of our scholars have said in al-Muḥīṭ: If the hoarder refuses to sell the food, the Imām may sell it on their premises altogether.” See: Sharḥ Ibn Malak Q114/A, al-Hadiyah p.230, and al-Baḥr al-Rā’iq 8:231.

Ruling861

1 note

Aborting the child is permissible for the woman so long as nothing of its form has become visible.

Ruling862

1 note

A man swallowed another’s pearl or gold then died leaving nothing—his belly is not slit.

From the editors

Footnotes

al-‘Ayni stated in al-Minḥah 3:219, ‘But this was in their time; because they transmitted it from the Prophet as it was revealed, and reading was easy for them, unlike in our times where it is advisable. The use of shaddas, dots, and marginal annotations is due to the inability of non-Arabs to learn without them. This is what the author indicated by saying: it is said that it is permissible in our times. Based on this, there is no harm in writing the names of the Surahs and the number of verses, for even though it is a later development, it is considered beneficial. Many things vary with changes in time and place.’ The majority of the scholars have adopted the permissibility of dividers in the Qurʿan, such as al-Badā’i‘ 5:127, al-Kanz 6:30, At-Tabyīn 6:30, and others.

Ruling863

1 note

An ostrich swallowed a pearl, or a sheep’s head stuck in a vessel and it could not be removed: whichever of the two is more valuable is considered; its owner pays the value of the other and may do as he wishes.

Ruling864

1 note

Killing an ant is disliked unless it starts harm; killing lice is permitted absolutely.

Ruling865

Burning lice, scorpions and the like with fire is disliked; throwing them away alive is permissible though it is not good manners.

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Ruling866

1 note

Circumcision is a Sunna for men and an honour for women.

Ruling867

1 note

The mount is struck to quicken pace, not for stumbling; galloping the mount and goading it for display to a buyer or idle diversion is disliked; for jihād and another legitimate purpose it is permissible.

Ruling868

1 note

Salām is a Sunna; returning it is a collective obligation (farḍ kifāyah); the reward of the one who initiates is greater; replying to a questioner’s salām is not obligatory.

Ruling869

1 note

One should not give salām to someone reciting the Qur’ān.

From the editors

Footnotes

This is because it is either gambling or a game/folly, both all of which are prohibited, as mentioned in al-Badaʾiʿ 5:127. The Prophet said: ‘Whoever plays with dice, it is as if he has immersed his hand in the flesh and blood of a pig.’ in Ṣaḥīḥ Muslim 4:1774, and ‘Whoever plays with dice has disobeyed Allah and His Messenger.’ in Ṣaḥīḥ Ibn Ḥibbān 13:181, al-Mustadrak 1:114, Sunan Abi Dawud 4:285, Sunan Ibn Mājah 2:1237, Muwattaʾ Mālik 2:958, and Musnad al-Bazzar 8:78.

Because if one gambles with these games, then gambling (maysir) is forbidden by scripture and is a term used for all forms of gambling (qimār). If one does not gamble, then it is still considered frivolous folly and play. Ibn ’Abidin stated in Radd al-Muḥtār 6:394: It is disliked because those who engage in it lose their worldly efforts and incur suffering in the hereafter; hence, it is haram and considered a major sin according to us. According to ash-Shafi‘i, playing chess is disliked, and if it is associated with gambling, obscenity, deliberately or negligently delaying prayers beyond their prescribed times, and it happens repeatedly, then it is ḥarām. See: Rawḍ al-Ṭālib 4:343, Tuḥfat al-Muḥtāj 10:216. In a narration from Abu Yūsuf: There is no harm in playing chess if one does not gamble, persistently play, or neglect obligations. See: Ad-Durr al-Mukhtār 6:394.

This explanation from them highlights the reason for prohibition, which is frivolity (lahw). Therefore, any games that exhibit this characteristic fall under the same ruling. Frivolity (lahw) involves engaging in what is insignificant and lacks a proper purpose or objective that leads to worldly or religious benefit, as stated in An-Nahi ‘an al-Malāhi 3:192. The prohibition of frivolity (lahw) arises because it likely leads to missing prayers, wasting time and one’s life, and dominating the mind with false thoughts, to the extent that one might not even feel hunger or thirst, let alone other things. It also predominantly distracts from the remembrance of Allah, hence it is deemed ḥarām. Even if one prays, if his heart is attached to it, allowing it would be aiding Shayṭān against Islam and Muslims. Any benefit provided is minor and incidental, and the dominant harm is considered in prohibition, as seen in the verse where Allah says: {Its sin/harm is greater than their benefit.} [Al-Baqarah: 219], thus considering the dominant factor for prohibition (ḥarām). According to ‘Uqbah bin ‘Āmir, the Prophet ﷺ said: ‘The following are not frivolity (lahw): a man training his horse, playing with his wife, and shooting his bow for his people.’ in al-Mustadrak 2:104, which was authenticated, Sunan Abi Dāwūd 3:13, al-Mujtabā 6:222. Also, according to ‘Abdullāh ibn ‘Abdur-Raḥmān and ‘Uqbah bin ‘Āmir, the Prophet said: ‘Shoot and ride; and I prefer shooting over riding. Everything that distracts a Muslim man is vanity except shooting his bow, training his horse, and playing with his family, for they are from truth.’ in Sunan at-Tirmidhī 4:174, which was rated good and authentic, Muṣannaf Ibn Abī Shaybah 5:303, al-Jāmi‘ li-Ma‘mar 11:461, Musnad Aḥmad 4:144, Musnad al-Ruyānī 1:160. Jābir ibn ‘Abdullāh and Jābir ibn ‘Umayr reported the Prophet said: ‘Everything that does not involve the remembrance of Allah is distraction and frivolity (lahw) except for four actions: a man walking between two targets, training his horse, learning to swim, and playing with his family.’ in Sunan al-Bayhaqī al-Kabīr 10:115, Sunan an-Nasā’i 5:303, among others. al-Mundhirī in At-Targhīb 2:180 mentioned that al-Ṭabarānī narrated it with a good chain of transmission.

Ruling870

Saying “yarḥamuk Allāh” to one who sneezes is a collective obligation.

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Ruling871

Training a falcon with a live bird is disliked; with a slaughtered bird it is permissible.

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Ruling872

1 note

An iron collar around a slave’s neck is disliked; shackling for fear of flight is not disliked.

From the editors

Footnotes

Malāhī encompasses all forms of frivolity (lahw), even singing with the beating of a stick and blowing reed, as in al-Minḥah 3:227. al-Zayla’ī stated in At-Tabyīn 6:13, ‘All forms of entertainment are ḥarām, including singing with the beating of a stick.’ By ‘stick,’ he meant the wood of a guard, as explained in al-‘Ināyah 10:16.Prohibited musical instruments are those that create music even without singing, such as flutes, whether made of wood or reed like a whistle, or others like the lute and tanbūr, especially if they are associated with types of wine, fornication, sodomy, or incitements to these through lustful touching, kissing, or lustful glances at someone other than one’s spouse. If none of these things are present in the gathering, but the intent and thought of forbidden desires are imagined and deemed appropriate for the gathering, it is also forbidden.The Prophet Muhammad ﷺ said: ‘There will be people among my Ummah who will consider as lawful: al-Ḥarīr (silk), alcohol, khamr (wine), and musical instruments…’ in Ṣaḥīḥ al-Bukhārī 5:2123, and: ‘Some people of my Ummah will drink alcohol calling it by another name, with musical instruments and singing girls playing on their heads; Allah will cause the earth to swallow them, and turn some of them into monkeys and pigs.’ in Ṣaḥīḥ Ibn Ḥibbān 15:160, Mawārid al-Ẓam’ān 1:336, Muṣannaf Ibn Abī Shaybah 5:68, al-Mu‘jam al-Kabīr 3:283, At-Tārīkh al-Kabīr 1:304, and the Prophet ﷺ said: ‘In this Ummah, there will be swallowing (by the earth), transformation, and stones raining down. A man among the Muslims asked: ‘O Messenger of Allah ﷺ, when will that happen?’ He said: ‘When female singers and musical instruments become widespread and alcohol is consumed.’ Narrated by At-Tirmidhī 4:495. The Prophet ﷺ said: ‘Indeed, Allah sent me as a mercy and a guide to the worlds, and my Lord commanded me to obliterate musical instruments and flutes…’ in Musnad Aḥmad 5:268, Musnad at-Tayālisī 1:154, al-Mu‘jam al-Kabīr 8:196, Shu‘ab al-Īmān 5:243, and others.

If one hears it suddenly, he is excused because it was not intentional and he is thus pardoned. Then he should make an effort not to listen thereafter as much as possible, because turning away from listening to it is obligatory. See: Minḥat as-Suluk 3:227.

Ruling873

1 note

Sitting in the road to sell is permissible if the road is wide enough that people are not harmed by it.

Ruling874

1 note

Tailoring in the mosque is disliked, and every worldly occupation; sitting in it for bereavement three days is disliked; elsewhere it is permissible, and omitting it is better.

Ruling875

1 note

If a teacher or scribe sits therein: if as public duty (ḥisbah) there is no harm; if for a wage it is disliked except when necessity demands either.

Ruling876

Wishing for death because of hardship in livelihood or anger at one’s child or another is disliked; there is no harm in wishing it because of the change in people of the times and the appearance of sins, fearing falling into them.

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Ruling877

1 note

A man who frequents tyrants to ward their evil from himself: if he is a muftī or one emulated, that is not lawful for him.

From the editors

Footnotes

This is because her death is speculative. It is not permissible to destroy a living human. However, if it is already dead, it is permissible to cut it to free the mother. See: Minḥat al-Sulūk 3:231.

Because this leads to the preservation of a sacred life through neglecting the reverence of a dead human being. Neglecting reverence is less severe than loss of human life. See: Sharḥ Ibn Malak q116/a.

This is when the soul (rūḥ) is breathed into the foetus. This happens after one hundred and twenty days. The husband must agree to the abortion. This permissibility exists if there is a valid reason for the abortion. If there is no valid reason, it is prohibited (makrūh), but it does not constitute the sin of murder. Al-Faqīh ʿAlī ibn Mūsā said, ‘Abortion is disliked (makrūh) because once the water settles in the womb, it is expected to lead to life, thus it should be treated as something that has the ruling of life, similar to the eggs of animals in the sanctified area (Ḥaram) and the like.’ Fakhr al-Dīn Qāḍī Khān in his fatwās (3:410) stated, ‘If she aborts the child through treatment… I do not say it is permissible; because if one breaks the egg of a game animal, he is liable, since it is the origin of an animal. Thus, if he was penalised in that edict with compensation, then it should be regarded as sinful in this case if done without a valid excuse.’ Ibn Wahbān said, ‘The permissibility of abortion is contingent on the presence of a valid reason, or that she does not receive the sin of murder. Among the valid reasons is if her milk ceases after the pregnancy becomes apparent and the father of the infant does not have the means to hire a wet nurse, fearing the infant’s death.’ As mentioned in Minḥah al-Khāliq (3:215), ‘If her pregnancy becomes apparent but her milk ceases, and the father of the boy cannot afford to hire a wet nurse, and there is a fear for the child’s death, then it is permissible for her to seek treatment to induce bleeding as long as the foetus has not had the soul (rūḥ) breathed into it; with the intent of preservation of a human life.’ as in al-Fiqh al-Ḥanafī (5:402). Ibn Masʿūd narrated from the Messenger: ‘Each one of you is gathered in his mother’s womb for forty days as a nuṭfah (drop), then he becomes an ʿalaqah (clot) for an equal period, then a muḍghah (lump of flesh) for a similar period, then the angel is sent and the spirit is breathed into him and he is commanded with four words: to write down his provision, his lifespan, his deeds, and whether he will be wretched or blessed…’ as in Ṣaḥīḥ Muslim (4:2036) and Ṣaḥīḥ al-Bukhārī (3:1174).

This means that if a man swallowed a pearl or gold that belonged to someone else, and then died leaving no possessions, his body should not be cut open. This is because the sanctity of the human body is greater than the sanctity of property. If he had left possessions, the value of the pearl would be taken from his estate. However, if he left no possessions, his body should not be violated since cutting open a body is forbidden, and the sanctity of a human life is greater than that of property. The liability for the value of the pearl remains, because he consumed it, and it is not replaceable like common goods, thus he is liable for its value. If he leaves assets later in life, they are used to settle the debt; otherwise, it is considered a debt in the hereafter. See: Badāʿiʾ as-Ṣanāʿiʾ 5: 129.

The person who compensates can do whatever he wants the property because it becomes his property through paying liability (ḍamān). See: Minḥat al-Sulūk 3:233.

If it starts causing harm, there is no harm in killing it, and this is the preferred opinion. It has also been said: there is no harm in doing so under any circumstance, as stated in al-Baḥr al-Rā’iq 8:232. al-‘Aynī mentioned in al-Minḥah 3:234: ‘Killing an animal is only permissible for a valid reason. If it does not cause harm, it should not be killed, unlike the lice, which can be killed under any circumstance whether it causes harm or not, because it is naturally harmful, as are fleas.’

This is because it is not for the purpose of greeting, but rather the salutation is made for a specific reason, and it is not obligatory to return the greeting of someone who greets during a sermon or when visiting someone’s home. This is elaborated in Radd al-Muhtār (6: 413).

Whoever wishes to sit on the road, if it does not harm the passersby, should not be prevented from doing so. However, if it causes harm to them by obstructing the road, they should be prevented from doing so. This is because the road is the right of the public and one is allowed to use it with condition that they do not cause harm to other users. Everyone has the right to prevent this, both the Imām and others alike. See: al-Mabsūṭ 23: 175.

Sitting for mourning is permissible for three days, though it is not the preferred practice, and it is disliked in the mosque. It is recommended to offer condolences to men and women who are not tempted to sins of wailing or other forms of impermissible mourning.

For people would assume that the scholar approves of the tyrants’ actions, and it would bring disgrace upon knowledge. If he is not followed as an example, it is permissible for him; but if he frequents them to gain some worldly benefit, it is not allowed, as stated in al-Hidāyah p. 237; Ibn ‘Abbās said that the Prophet stated: “People from my ummah will learn about the religion and read the Qur’an, then say: ‘Let’s go to the rulers so we can gain some of their worldly wealth while keeping our religion separate.’ But that will not be as they suppose; just as only thorns can be gathered from thorny bushes, so only sins can be gathered from their proximity.” Sunan Ibn Mājah 1:93, al-Mu‘jam al-Awsaṭ 8:150, Musnad al-Shāmiyyīn 3:405.

فصل ويَحرم احتكار أقواتِ الناسِ والبهائم فقط في البلد الصغير.