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Reliance of the traveller

Answered as per Shafi'i Fiqh by Qibla.com

Answered by Shaykh Hamza Karamali, SunniPath Academy Teacher

how is a person who suffers from waswasa regarded in the shafi madhab?

1) I am married but insha allah have not yet consummated marriage. i am a pathan we have specific rituals and customs.
2) beccause i suffer from waswasa evrything i say becomes a real struggle of the mind. I believe that everything that i am saying is a form of insha allah kinayah. hence if i say something to anyone i believe that i am saying these things insha allah to my wife insha allah. For example
insha allah i might be getting angy towards my brother but my mind will saying that i am saying insha allah these words insha allah to my wife.
3. i am affected by waswasa so i am unable to insha allah deduce what has been said insha allah.
4. In terms in following the shafi madhab i am asking in respect to whether i can follow the shafi madhab insha allah with respect to the below masala insha allah i which you answered in my first qusetion insha allah. Insha allah the question was at the bottom of this page.
Also i want to know what is the position in the shafi madhab with regards to a person suffering from waswasa and whether insha allah i will be able to follow this opinion insha allah along with the opinion with regards to the masala insha allah.

Basically what i want to know is can i take the dispensation and follow the shafi opinion on the below masala. Fo approximately a year now i have been suffering from severe waswasa with regards to insha allah divorce . It became so bad that it has affected mentally. I beleievd that everything that i was saying or doing was affected by the waswasa. In the night i would wake up and believe that i was saying words of insha allah divorce . I thought that every sentence i was saying was kinayah. As a result i thought i was saying sentences like the one below which you have answered with regards to the masala. As a result i went to see a hanafi alim and henece i asked him whether it was possible for me to give up my right of insha allah divorce to another person. Hence, he said that this was possible hence i sigened a written declaration that i give up my right for my present marriage and any future marriages to a friend of mine.
So what i want to know is can i follow the opinion of the shafi madhab on the below masala where there is no insha allah divorce befor marriage but i can continue following the hanafi opinion with regards to the written declaration that i have made giving up my right to anothewr person meaning that i am unable to insha allah divorce.
Also are there any dispensatons with regards to wsawasa in the shafi madhab.
This waswasa has had a big affect on me mentally.
What is the position of someone suffering from waswassa in the shafi madhab?

Insha allah is it possible for me to take a dispensation insha allah and follow this maasala in the shafi madhab but still insha allah accept the opinion of the hanafi madhab of insha allah givin tafwidh to another person prior to marriage insha allah. Insha allah i am not trying to mix match between the madhabs. Insha allah the reason why i ask is that i have for a year now been suffering severe waswasa which has made me mentally unwell. I would wake up in the middle of the night thinking that insha allah i had said statements like the one below during the night. Insha allah as result i say and write the words insha allah to protect me. Hence, i was wondering whether insha allah i can follow the shafi view point on this massala but still insha allah accept the the view point of the hanafi madhab of insha alllah tafwid prior to marriage insha allah to another person insha allah which has already been done insha allah. Insha allah this is the only way i will be able to tacle this situation of waswasa insha allah by taking this dispensation insha allah. Insha allah will you please let me know.

inshalah is this masala accepted in the shafi fiqh?
Prior to marrying a woman, a person said: “If I marry you, you are divorced.” If the person happens to marry this woman, one talqul bin will take place the moment the nikh is performed

Answer:
In the Name of Allah, Most Gracious, Most Merciful

In the Name of Allah, Most Merciful and Compassionate

I don’t know of any specific details in the Shafi`i school regarding people with waswasa. In general, as is the case with all schools, one just needs to learn to ignore the waswasa and focus on more important things. Think of the Prophet (Allah bless him and give him peace), his Companions, and the righteous Muslims from the beginning of Islam down to our day: if you imagine how they were, it is impossible to attribute waswasa to them. They were able to focus on more important things and ignore waswasa if it ever came.

And Allah knows best.

Hamza.

In the Name of Allah, Most Merciful and Compassionate

assalamu `alaykum wa rahmatullah wa barakatuh

Thank you for your response. In summary, you can follow the Shafi`i madhab on this issue. However, the way to get out of your waswasa is not to follow the Shafi`i school but simply to ignore your misgivings. Remember, the rule (in both the Hanafi and the Shafi`i schools) is that certainty is not lifted by doubt. What this means is that unless you’re certain that you’ve uttered something that constitutes divorce, then the position of the Shari`ah is that you haven’t uttered it at all. In other words, if you’re ever thinking, “Was that divorce? Or was it not divorce?” then the ruling of the Shari`ah is that it wasn’t divorce, and the proper course of action is to ignore the thought and move on.

One of the best ways to eliminate baseless misgivings (waswasa) is to keep the company of religious people who are free of it. If you hang around them, you’ll become like them. 🙂

In-sha’Allah that solves the problem.

wassalamu `alaykum

Hamza.

In the Name of Allah, Most Merciful and Compassionate

assalamu `alaykum wa rahmatullah

Thank you for your response. I’m really sorry, but I’m still unclear on your exact scenario, and I can’t give an answer until I understand what it is that you’re asking. If you answer the following questions, it’ll help me get you an answer, in-sha’Allah.

(1) Are you currently married?

(2) Are you worried because you think that you’ve divorced your wife?

(3) Are you certain that you’ve uttered anything that constitutes divorce?

(4) Why do you need to follow the Shafi`i school? What is it in the Hanafi school that is making things difficult for you?

Jazakallah khayr.

wassalamu `alaykum

Hamza.

In the Name of Allah, Most Merciful and Compassionate

assalamu `alaykum wa rahmatullah

I pray this email finds you well. I’m afraid I don’t know what you are referring to by “the Hanafi mas’ala of tafwid.” However, unless you’re sure that you’ve uttered something, the default assumption is that you haven’t, so you can simpy ignore your waswasa.

Please let me know what you mean by “tafwid.”

Hamza.

In the Name of Allah, Most Merciful and Compassionate

Someone who says, “If I marry so-and-so I am divorced,” may marry the mentioned woman and the divorce that he pronounced prior to marriage has no effect. In other words, if he marries her, she is not automatically divorced because the divorce prior to marriage is as if it never occurred.

The reason for this is that one of the conditions for the validity of a divorce is that the woman who one is divorcing actually be one’s wife at the time of the divorce’s pronouncement. Otherwise, the “divorce” that one pronounced is of no consequence (Hashiyat al-Bajuri, 2.160).

And Allah knows best.

Hamza.

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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