Question: 1.  If Surah An-Naas is recited in the first Rak’aat of the Salaah (e.g. Eshaa Salaah) then how do you perform the second Rak’aat? 2.  If you are a Musaafir and you read four Rak’aats Fardh instead of two (e.g. Zuhr Salaat) then what should be done or vice       versa? 3.  When giving Khutbah which step do you sit on (1st, 2nd or 3rd) and when you step on and off which leg do you use? 4.  Is it permissible to eat duck meat? 5.  If one forgot to read Du’aa before slaughtering an animal and reads it at the end, will the animal be Halaal? 6.  Is it permissible to read Salaah behind an immature person? 7.  After Salaah should the Du’aa be read aloud or silently? 8.  Is it permissible to hold an English Qur’an without Wudhu? 9.  What do you do with a person that asks too many questions? 10.  If you take credit from someone and both of you forget the amount what should be done? 11.  What is the difference between Makrooh-e-Tanzihi and Makrooh-e-Tahrimi?

Answered according to Hanafi Fiqh by Mahmoodiyah

Question:

1.  If Surah An-Naas is recited in the first Rak’aat of the Salaah (e.g. Eshaa Salaah) then how do you perform the second Rak’aat?

2.  If you are a Musaafir and you read four Rak’aats Fardh instead of two (e.g. Zuhr Salaat) then what should be done or vice       versa?

3.  When giving Khutbah which step do you sit on (1st, 2nd or 3rd) and when you step on and off which leg do you use?

4.  Is it permissible to eat duck meat?

5.  If one forgot to read Du’aa before slaughtering an animal and reads it at the end, will the animal be Halaal?

6.  Is it permissible to read Salaah behind an immature person?

7.  After Salaah should the Du’aa be read aloud or silently?

8.  Is it permissible to hold an English Qur’an without Wudhu?

9.  What do you do with a person that asks too many questions?

10.  If you take credit from someone and both of you forget the amount what should be done?

11.  What is the difference between Makrooh-e-Tanzihi and Makrooh-e-Tahrimi?


Answer:

 

 

 

  1. If a person recites Surah Naas in the first Rak’aat then he should also repeat Surah Naas in the second Rak’aat.  (Ahsanul Fataawaa, Vol. 3, Page 442)

 

  1. If a Musaafir unintentionally performs four Rak’aats Fardh instead of making Qasar then his Salaah will be valid if he makes Sajdah Sahw.  The first two Rak’aats will be Fardh and the second two Rak’aats will be regarded as Nafl.  However, if he performs four Rak’aats intentionally he will be sinful and it will be Waajib to repeat the Salaah.  (Ahsanul Fataawaa, Vol. 4, Page 77)

 

  1. We do not find any explicit text in the books of Fiqh with regards to which step the Khateeb should sit or with which foot must he ascend or descend the Mimbar.  However, a person usually sits on the step above the one he stands on.

 

  1. It is permissible to eat duck meat and eggs.  (Fataawaa ‘Aalamgeeriyyah, Vol. 5, Page 289, Khaanain Peenain ki Halaal wa Haraam Cheezain, Page 29)

 

  1. If a person forgets to recite Bismillah at the time of slaughtering, the animal will be Halaal.  However, if he remembers Bismillah before cutting the major veins then it will be necessary to recite the Bismillah.  If he remembers after cutting them then it will not be necessary.  (Raddul Muhtaar, Vol. 5, Page 210, Ahsanul Fataawaa, Vol. 7, Page 403)

 

  1. It is not permissible to make an immature child an Imam.  (Raddul Muhtaar, Vol. 1, Page 321-322, Ahsanul Fataawaa, Vol. 3, Page 525)

 

  1. One should clearly understand that to make Du’aa collectively after every Fardh Salaah is not Sunnah, rather it is merely permissible.  As for Du’aa being made individually after every Fardh Salaah, it is Sunnah-e-Mustahabbah.  The congregational Du’aa after every Fardh Salaah will only be permissible with this condition that one does not regard it to be Sunnah and does not persist on it and condemn others who do not practice upon it. 

 

  • To make Du’aa after Fardh Salaah is Sunnah as it is understood from the following Ahadeeth:   It has been narrated by Mu’aaz bin Jabal (R.A.) and Ibne Abbas (R.A.) from Nabi (S.A.W.) that:  “Indeed Allah Ta’ala said:  “O Muhammad, when you have completed with your Salaah then say:  ‘O Allah!  I ask Thee for the ability to do good and to abstain from evil and to love the poor and that You forgive me and have mercy upon me. And when You intend to test Your servants so call me to You without being tested.   O Allah!  I ask Thee for Thy love and the love of those who love Thee and the love of those actions which will draw me closer to Thy love.”  (Tirmidhi, Musnad-e-Ahmad.  Imam Tirmidhi says that this Hadith is Hasan and Saheeh.)

 

It has been narrated from Anas (R.A.) from Nabi (S.A.W.) that he said:  “Any servant who spreads his palms after every Salaah and then says:  “O Allah!  My Ilaah and the Ilaah of Ebrahim, Ishaq, Ya’qoob, the Ilaah of Jibreel, Mikaeel, Israfeel, I ask Thee to accept my Du’aa for indeed I am destitute and You protect me in my Deen from any tests and You shower Your mercy upon me for I am indeed a sinner and that You alleviate poverty from me for indeed I am destitute.”, except that Allah Ta’ala will not return him empty-handed.”  (‘Amalul youmi wa Lailah) 

 

Although in the abovementioned Hadith Abdul ‘Aziz bin Abdur Rahman is Mutakallam Feehi which makes this Hadith weak, it is still permissible to substantiate a Mustahab act with a weak Hadith.  (Fathul Qadeer, Vol. 2, Page 95)

 

  • To raise ones hands in Du’aa and to pass them over the face upon completion is also a Sunnah of Du’aa.  It has been narrated by Umar bin Khattab (R.A.) that he said:  “When Nabi (S.A.W.) raised his hands in Du’aa he never brought them down until he passed them over his face.”  (Tirmidhi)

 

  • The Muqtadis saying ‘Aameen’ to the Du’aa of the person making Du’aa is also a Sunnah of the Du’aa.  ‘Allamah Jazari (R.A.A.) mentions in ‘Al-Hisnul Haseen’ that:  “Indeed from amongst the etiquettes of the Du’aa is that the one who is listening to the Du’aa should say ‘Aameen’.”  Al-Haakim has also mentioned in his ‘Mustadrak’ the Hadith of Habib bin Maslamah Al-Fahri (R.A.), who was one whose Du’aas were readily accepted, that he says:  “I heard Rasoolullah (S.A.W.) saying:  “No congregation of Muslims gather in which some make Du’aa and the others say ‘Aameen’, except that Allah Ta’ala accepts their Du’aas.”  (Saheeh on the conditions laid down by Imam Muslim)

 

From the abovementioned few Sunnahs of Du’aa we can conclude that if a persons acts on all these Sunnahs of Du’aa after the Fardh Salaah, then it will be permissible although it will not be permissible to regard this specific form to be Sunnah as this form of Du’aa after Fardh Salaah is not authentically proven from Nabi (S.A.W.).  It will also not be permissible to call this form of Du’aa Bid’ah as there is no prohibition for this form of congregational Du’aa.  However, if a person regards it as Sunnah and condemns others who do not practice upon this, then it will not be permissible.

 

  1. It is not permissible to touch an English Qur’an without Wudhu.  (Raddul Muhtaar, Vol. 1, Page 214)

 

  1. Please contact the Darul Iftaa in person.

 

  1. Both the creditor and the debtor should come to a mutual agreement with each other and forgive one another for the decrease or increase in the amount given or owed.

 

  1. Makrooh-e-Tahrimi:  When it is said that a certain action is Makrooh-e-Tahrimi it means that it is Waajib to abstain from that act and to perpetrate such an act without a valid reason and to deny that such an act is Makrooh-e-Tahrimi is deviation and not Kufr.

Makrooh-e-Tanzihi:  When it is said that a certain act is Makrooh-e-Tanzihi it means that the Shari’ah demands us to abstain from it although it is not necessary to abstain.  Abstaining from such an act is worthy of reward and a person who fails to abstain from it is deserving of ridicule.

In the books of Fiqh when Makrooh is mentioned it generally means Makrooh-e-Tahrimi.  (Aasaan Usool-e-Fiqh, Page 62-63)

 

And Allah Ta’ala knows best

Ilyaas bin Hashim Limbada

Attested to as correct by:

Mufti Muhammad Ashraf

Darul Iftaa

Jameah Mahmoodiyah

Springs

20 May 2004

29 Rabee’ul Awwal 1425

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