Monday, 27 February 2012

If he touches his private part during ghusl, does he have to repeat wudoo’?

My question is regarding tahara, especially about ghusl of janaba. After washing hands and private place, then making wudu’, is it permissible to wash the private place another time when we cover the whole body with water, or will it invalidate the wudu’ if I intend to pray after finishing ghusl?.

Praise be to Allaah.
The Sunnah is to wash the private part before starting ghusl, as is indicated by the report narrated by al-Bukhaari (276) and Muslim (317) from Ibn ‘Abbaas (may Allaah be pleased with him) who said: Maymoonah said: I brought the Messenger of Allaah (peace and blessings of Allaah be upon him) water to do ghusl and screened him with a cloth. He poured water over his hands and washed them, then he poured water over his left hand with his right and washed his private part, then he struck his left hand on the floor and wiped it. Then he washed it and rinsed his mouth and nose, and washed his face and forearms, then he poured water over his head and all over his body, then he moved aside and washed his feet. 
If someone touches his private part after that or washes it again, then to be on the safe side, he should do wudoo’ after he finishes ghusl, because the majority of scholars are of the view that touching the private part invalidates wudoo’. This has been discussed in the answer to question no. 82759
And Allaah knows best.

Washing a child’s diapers does not invalidate wudoo’

Is wudoo’ invalidated if I clean a child’s urine and wash his diaper?.

Praise be to Allaah.
Wudoo’ is not invalidated by cleaning a child’s urine or washing his diaper, because touching najaasah does not invalidate wudoo’, but it is essential to wash off the najaasah if one wants to pray. 
It says in Fataawa al-Lajnah al-Daa’imah: 
Wudoo’ is not invalidated by washing najaasah from the body of the person who has wudoo’ or elsewhere. End quote. 
Majallat al-Buhooth al-Islamiyyah (22/62). 
In Fataawa al-Shaykh Ibn Baaz it says (10/139): 
Touching medical equipment or the floor of the washroom barefoot does not invalidate wudoo’, but if there is any najaasah on the floor and a woman or man steps in it, this does not invalidate wudoo’, but they must wash their feet if they stepped in it when it was wet, or if there is any wetness on the foot. 
Touching a child’s clothes that are wet with urine does not invalidate wudoo’, but the one who touched it when it was wet has to wash his hand. The same applies if it was dry but his hand was wet – he has to wash his hand. End quote. 
Shaykh Ibn Baaz also said: (10/141): 
As for touching blood, urine and other impure substances, that does not invalidate wudoo’, but he must wash off whatever gets onto him. End quote. 
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a woman who washed her child when she is in a state of purity. Does she have to do wudoo’? 
He replied: 
If a woman washes her child, boy or girl, and touches the child’s private part, she does not have to do wudoo’, rather she only has to wash her hand, because touching the private part without desire does not necessitate wudoo’. It is known that when a woman washes her children, desire does not even enter her mind, so if she washes her child she only needs to wash her hands to get rid of any najaasah that has got onto them, and she does not have to do wudoo’. End quote. 
Majmoo’Fataawa Ibn ‘Uthaymeen (11/203). 
And Allaah knows best.

When he does wudoo’ and rinses his nose, blood comes out of his nose. Should he repeat his wudoo’?

I suffer from a problem in my nose. When I do wudoo’ and I want to rinse my nose, when I rinse my nose blood comes out of it. Do I have to repeat my wudoo’ even though that may cause hardship for me?.

Praise be to Allaah.
Bleeding from the nose does not invalidate wudoo’, according to the more correct of the two scholarly opinions. 
This is the view of Maalik and al-Shaafa’i (may Allaah have mercy on them) and it was narrated from a number of the companions of the Prophet (peace and blessings of Allaah be upon him). 
The Hanafis and Hanbalis are of the view that it does invalidate wudoo’, and they discussed that at length. The Hanbalis stipulate that the blood that comes out should be a large amount, and what is regarded as a lot or a little depends on each person’s estimation. 
Al-Nawawi (may Allaah have mercy on him) said: Our view is that wudoo’ is not invalidated if something comes out of something other than the front and back passages, such as blood from cupping, vomit and blood from a nosebleed, whether it is a little or a lot. This was the view of Ibn ‘Umar, Ibn ‘Abbaas, Ibn Abi Awfa, Jaabir, Abu Hurayrah, ‘Aa’ishah, Ibn al-Musayyab, Saalim ibn ‘Abd-Allaah ibn ‘Umar, al-Qaasim ibn Muhammad, Tawoos, ‘Ata’, Mak-hool, Rabee’ah, Maalik, Abu Thawr and Dawood. 
Al-Baghawi said: It is the view of most of the Sahaabah and Taabi’een. 
Some said that wudoo’ must be done in all these cases. This is the view of Abu Haneefah, al-Thawri, al-Awzaa’i, Ahmad and Ishaaq. But they differed as to whether a distinction should be made between a small amount and a large amount. End quote from al-Majmoo’ (2/62). 
Those who say that wudoo’ is invalidated in such cases quoted da’eef (weak) ahaadeeth as evidence, as al-Nawawi and others said. See question no.45666
The evidence for the correct view, which is that wudoo’ is not invalidated, is as follows: 
1-    The basic principle is that it does not break wudoo’. Those who claim otherwise must produce evidence.
2-    The fact that the person remains pure is proven by shar’i evidence, and what is proven by shar’i evidence cannot be overruled except with further shar’i evidence. See al-Sharh al-Mumti’ by Shaykh Ibn ‘Uthaymeen (1/166).
3-    Abu Dawood (198) narrated that Jaabir (may Allaah be pleased with him) said: We went out with the Messenger of Allaah (peace and blessings of Allaah be upon him) on the campaign of Dhaat al-Riqaa’. The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Who will guard us?” A man from among the Muhaajireen and a man from among the Ansaar volunteered. He said: Stand at the mouth of the mountain pass. When the two men went out to the mouth of the mountain pass, the Muhaajir lay down and the Ansaari stood and prayed. A mushrik man came and shot him with an arrow and struck him, and he pulled it out, until he had shot him with three arrows. Then he bowed and prostrated, then his companion woke up. When the Muhaajir saw the blood on him, he said: Subhaan Allaah, why didn’t you wake me the first time he shot you? He said: I was in the middle of reciting a soorah and I did not want to interrupt it. This hadeeth was classed as hasan by al-Albaani in Saheeh Abi Dawood. 
This clearly indicates that blood does not invalidate wudoo’ even if there is a lot, because if it invalidated wudoo’ he would have stopped praying. 
Al-Nawawi (may Allaah have mercy on him) said in al-Majmoo’: The Prophet (peace and blessings of Allaah be upon him) knew that and did not rebuke him. 
Imam al-Bukhaari (may Allaah have mercy on him) said in his Saheeh: The Muslims continued to pray despite their wounds. 
Tawoos, Muhammad ibn ‘Ali, ‘Ata’ and the people of the Hijaaz said: Blood does not affect wudoo’. 
Ibn ‘Umar squeezed a pimple and blood came out of it, and he did not do wudoo’. 
Ibn Abi Awfa spat blood and continued with his prayer. 
Ibn ‘Umar and al-Hasan said concerning one who is treated with cupping: All he has to do is wash the site of cupping. End quote. 
Al-Haafiz said in al-Fath (1/281): It is narrated in a saheeh report that ‘Umar prayed when his wound was streaming with blood. 
All this indicates that bleeding from anywhere other than the front and back passage does not invalidate wudoo’. 
And Allaah knows best.

Things that invalidate wudoo’

I would like to know the exact ruling of breaking of wudoo by passing wind sometimes it happens that gas comes to the bladder but does not get out. is the wudoo broken?.

Praise be to Allaah.
What invalidates wudoo’ is wind that comes out of the back passage. This is what invalidates wudoo’, because according to the hadeeth of ‘Abd-Allaah ibn Zayd, a man thought that he had broken his wudoo’ whilst praying when he had not done so, and the Prophet (peace and blessings of Allaah be upon him) said: “Do not stop praying until you hear a sound or smell an odour.” If something happens in his stomach and he is not sure whether he has broken his wudoo’ or not, then the basic principle is that he is still pure (still has wudoo’).

Water (pus) coming out of wounds on the body does not invalidate wudoo’

I keep having pimples and acne on my face.  I know that blood which comes out of the wound, if it flows, is unclean and one has to repeat the wudu.  My question is sometimes after the blood comes out, there comes out water-like material from the wound.  Is that water-like material (which is of water's color) also unclean?  Does one have to repeat the wudu after it too?

Praise be to Allaah.
Firstly: to learn more about the ruling on the najaasah (impurity) of blood, see the answers to Questions 2570 and 2176
Secondly: some of the scholars said that if water (pus) from wounds is a small amount, it does not invalidate wudoo, but if it is a large amount then it does invalidate wudoo’. 
A group of scholars – including al-Shaafa’i and Imaam Ahmad, according to one report narrated from him, and the seven fuqahaa’ – said that anything that comes out from anywhere other than the front and back passage does not invalidate wudoo’, whether it is a small amount or a large amount, apart from urine and faeces. 
They quoted the following as evidence for that: 
1-     The basic principle is that it does not break wudoo’; whoever claims that something breaks wudoo’ has to produce evidence.
2-     The fact that he is taahir (pure) is indicated by the shar’i evidence, and whatever is indicated by shar’i evidence cannot be changed except by further shar’i evidence. 
We do not go beyond that which is indicated by the Book of Allaah and the Sunnah of His Messenger (peace and blessings of Allaah be upon him), because we worship Allaah according to His sharee’ah and not according to our whims and desires. We have no right to oblige the slaves of Allaah to do wudoo’ when it is not required, or to excuse them from doing wudoo’ when it is required. 
See al-Sharh al-Mumti’ by Ibn ‘Uthaymeen, part 1, p. 224

Is it necessary to do wudoo’ or ghusl if a person gets najaasah (impure substance) on his body or clothes?

i have a doubt to ask. once my toilet was jammed with tissue papers.i flushed the toilet to remove it but with no success.finally i put my right hand deep inside the toilet may be some portion above the wrist but below the elbow was dipped. i want to know in this case is it necessary to have bath to be pure or washing hands with soap and water and making wudoo would suffice .will the prayers be valid this way. i read your ques and ans and i also read in which case bath is necessary but i want to clear this doubt which makes me nervous. i would like you to ans this ques to clear my doubts.

Praise be to Allaah.
If a person gets something impure on his body or clothes and he has wudoo’, then his wudoo’ is not broken by that, because none of the things that break wudoo’ have happened. But all that he has to do is to wash this impurity from his body or clothes, and pray with that wudoo’. There is nothing wrong with him doing that. 
See al-Muntaqaa fi Fataawa Shaykh Saalih al-Fawzaan, part 3, p. 23 
See also the answer to question # 5212. 
When removing the impurity you have to do that with the left hand, not the right. If you need to immerse your hand in impure water for a reason – such as unblocking pipes or toilets – as mentioned in the question, do not use your hand directly, wear gloves or something similar. If you must touch the impurity then use your left hand, not your right. 
And Allaah knows best. 

Do sounds inside the stomach break one’s wudoo’?

I have a question regarding the breaking of wudu.  I understand when one passes wind, it breaks wudu, and I have also read the hadith that if one does not hear or smell anything, to assume they are still in wudu and continue praying.  However, what if you hear it, but it is made inside your body, and does not leave your body?  Do you still have wudu or must you leave your prayer and make wudu again? 

Praise be to Allaah.
The Messenger of Allaah (peace and blessings of Allaah be upon him) explained to us the guidelines concerning stopping praying  in the case asked about here. It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: “The Messenger of Allaah (peace and blessings of Allaah be upon him) said: ‘If any one of you feels something in his stomach, and he is not sure whether anything came out of him or not, let him not leave the mosque unless he hears a sound or detects an odour.’” (Narrated by Muslim, 362) 
It was narrated that ‘Abd-Allaah ibn Zayd said: “The Prophet (peace and blessings of Allaah be upon him) was told about a man who imagined that he felt something whilst he was praying. He said, ‘Let him  not stop [praying] unless he hears a sound or detects an odour.’” (Agreed upon). 
Imaam al-Nawawi said in Sharh Muslim, 4/49: this hadeeth forms one of the basic principles of Islam and an important principle of fiqh. Things are judged to remain as they are until there is certainty that a change has occurred, and having doubts does not alter the fact. 
It is not considered to be najaasah until it emerges. Sounds may come from a person’s stomach as the result of food being moved (along the digestive tract). If the worshipper hears a sound inside his stomach but nothing comes out of him that would break his wudoo’, and he does not note anything that would indicate that, such as hearing a sound or smelling an odour, then he should not pay any attention to it, because the basic principle is that he remains taahir (pure). So his wudoo’ is not broken and he should not stop praying unless he is certain that something has come out of him, because what is certain is not overruled by what is doubtful. And Allaah knows best. 

Using hair oil does not invalidate wudoo’

Does using hair oil invalidate wudoo’?.

Praise be to Allaah.
Wudoo’ is not invalidated by using hair oil. The things that invalidate wudoo’ are limited and we have mentioned them in the answer to question no. 14321.

Does the cream invalidate wudoo’ or not?

Does the cream which people use on their hands and face invalidate wudoo’ or not?

Praise be to Allaah.  
For a woman to use cream on her face does not break wudoo’, neither does it break one’s fast. Similarly, using lipstick does not break one’s wudoo’ or one’s fast, but when one is fasting, if these cosmetics have any flavour they should not be used in any way that may lead to the flavour reaching the throat. 

She thinks that she has passed wind – does that break her wudoo’?

Ech time i make wudoo ,i keep getting this uncomfortable feeling in my vagina and anus.I dont exactly pass wind , but nevertheless , i feel some sort of wind inside the private parts , which do not leave the private parts.Because of this ,should i keep repeating my wodoo.It is very difficult for me , as i continually get this problem , and i do my wuzzu at least 5 timess b4 praying just one of my salats.Does this uncomfortable feeling break my wuzu.?

Praise be to Allaah.  
A person should not stop praying unless he is certain that something has come out of him, He should not pay attention to these whispers because they come from the Shaytaan. Hence al-Bukhaari (may Allaah have mercy on him) gave one chapter (of his Saheeh) the title, “One should not do wudoo’ based on doubt until one is certain,” in which is narrated the hadeeth of ‘Abbaad ibn Tameem from his paternal uncle, that a man complained to the Messenger of Allaah (peace and blessings of Allaah be upon him) that he imagined that he felt something whilst praying. He said: “Do not stop (praying) unless you hear a sound or notice a smell.” (al-Wudoo’, 134). None of these whispers and thoughts break one’s wudoo’. 
But if a person is certain that something has come out of him, then in this case his wudoo’ is broken. If a person is faced with such whispers, he has to ignore them and assume that he is taahir (pure), because if he thinks too much about this matter, the whispers will persist. 
With regard to wind emitted from a woman’s vagina, this does not break wudoo’. The Standing Committee was asked about wind being passed from a woman’s vagina during prayer. They replied that this does not break wudoo’ because it does not come from an impure site, unlike wind that comes from the anus. 

Ruling on joining prayers for one who has urinary incontinence

shekh ibn uthameen fatwa on the one who finds drops oozing out after he has been to the toilet and performed his istinja is that he sould perform the istinja and then when the time for prayer has entered then he should perform the wudoo .
Q- What about when one is combining the prayer due to travel if the drops come in between the two prayers ie . after he has performed his Zhur BUT BEFORE HE HAS MADE THE IQMA FOR ASR OR ANY TIME WITHIN THE ZHUR PRAyER IE .
BEFORE HE SAYS HIS IQAMA FOR THE ASR DOES SUCH A PERSON HAVE TO PERFORM THE WUDOO AGAIN FOR HIS SECOND PRAYER IE ASR IN THIS CASE.

Praise be to Allaah.
If the urinary incontinence is continual and does not stop when you are praying, then you should pray ‘Asr with the same wudoo’; you do not have to repeat the wudoo’. 
But if the incontinence stops, then a few drops come out during the period between the two prayers, then you have to repeat the wudoo’. And Allaah knows best. 
online

Its the responsibility of every Moslem in learning Quran and tajweed and we also must teach our kids Quran and not only the Quran teaching we should let then be aware of the basic of Islam and why it was reviled you bet it was vituperated and verity teaching of holy Quran and with Quranic tajweed we read Quran we can understand better all the replies that are necessitated if we study koran from a qualified Quran tutor he will let you know verity substance of Islam and why koran was reviled for it we should gain the information of the Holy Scripture with there translation and the context of when those verses were reviled and why and that is only potential when we continue with not simply learning quran for beginners but gaining the information of Quran tafseer and one query that we all is required to ask our self that why we all are here in the world to do good acts or to do bad acts to promote correct or to promote incorrect and will we be answerable to any one after this life of not then the query remains the very same that the reasons why we are here in the world but if yes then whom we have to respond is there any Divine All these response can be found when we go deep in to the Quran education do Quran reading and the so let us unite hands to full fill our job.

Wednesday, 22 February 2012

He prayed on his own and leading others when he was junub; what does he have to do?

I have a very important question that needs to be answered. I performed prayer while i was in the state of junib, at first i did not know. Then i found out, but i was a careless muslim, performed some prayers when i was not in the state of purity. In some cases, when we pray at home, i become the imam. But i was too embarrased to not pray and tell them i am not clean. I would like to repent. My question is do i have to make up the prayers, or do more nafillah or what??? My carelessness led me to this problem, i was too lazy and embarrased to fix my problem then, now is the time for me to fix that problem, what should i do.

Praise be to Allaah.
Firstly: 
With regard to the prayers that you offered when you were not aware of the ruling on this action, there is no sin on you for that, and you do not have to make up the prayers that you offered when you were junub. Islam excuses the one who is ignorant whether he omitted obligatory actions or committed forbidden actions, so long as he did not fail to ask and try to find out. But if he failed to ask and try to find out, then he is sinning because of that shortcoming. 
The scholars of the Standing Committee said: 
It is not valid to pray without purifying oneself, for one who is in a state of minor or major impurity, according to scholarly consensus, because Allaah says (interpretation of the meaning): 
“O you who believe! When you intend to offer As-Salaah (the prayer), wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to the ankles”
[al-Maa'idah 5:6] 
And the Prophet (peace and blessings of Allaah be upon him) said: “No prayer is accepted without purification.” Narrated by Muslim, 224. 
Fataawa al-Lajnah al-Daa’imah, 6/259. 
Secondly:  
If you knew the Islamic ruling on praying when one is junub, and that it is not permissible for the junub person to pray until he has done ghusl, then you have sinned by doing that. You have to repent and seek forgiveness, regret what you have done and resolve not to go back to it. You also have to make up the prayers that you offered in that state. 
The Scholars of the Standing Committee were asked: 
I am a woman who has been married for seventeen years. At the beginning of my marriage I was unaware of some if not all of the rulings on ghusl following janaabah, because I was unaware of the causes of janaabah. My husband was similarly unaware. This ignorance made us think that only the husband becomes junub. I got married approximately two months before Ramadaan. At the end of Ramadaan in the same year,  I came to know the ruling. What do I have to do with regard to the prayers that I offered during that period? Please note that I took showers with the intention of making myself clean, not with the intention of purifying myself, and I did not always do that, i.e., I did not take a shower every time I had intercourse. Please also note that I always do wudoo’ for every prayer. All this is the result of ignorance on my part, of course, as I stated. And what about my fasting during the blessed month of Ramadaan? 
They replied: 
You have to make up the prayers that you offered without having done ghusl from janaabah, because of your carelessness and not trying to learn about your religion. As well as making up the prayers, you also have to repent to Allaah for that. With regard to the fasts, they are valid so long as no intercourse took place during the day. 
Fataawa al-Lajnah al-Daa’imah, 6/269. 
Thirdly: 
Those who prayed behind you do not have to repeat their prayers, because their prayers are valid, and have nothing to do with the validity of the prayer of their imam who prayed whilst junub without their knowledge. 
The scholars of the Standing Committee were asked: 
A few days ago when I wanted to do wudoo’ for Maghrib prayer, I noticed some maniy (semen) on my lower garment, so I did ghusl and prayed Maghrib, but I do not know when that wet dream occurred – was it before Fajr prayer or during the mid-day nap? The point here that I want to find out is: I think that I prayed three obligatory prayers – Fajr, Zuhr and ‘Asr – in a state of janaabah without realizing. In fact I offered these three prayers as an imam, leading a group of other worshippers who numbered some three hundred. What should I do? Should I make up these three prayers? And what is the ruling on the prayer of those who prayed behind me? Is there any sin in what I did? Please advise us, may Allaah reward you with good. 
They replied: 
You have to repeat your Zuhr and ‘Asr prayers after doing ghusl from janaabah, and you have to do this soon. With regard to those who offered these prayers behind you, they do not have to repeat them. ‘Umar (may Allaah be pleased with him) led the people in praying Fajr when he was junub but had forgot, so he repeated Fajr but he did not tell those who had prayed behind him to repeat it. They were excused because they did not know that he was in an impure state. But you do not have to repeat Fajr, because the maniy may have appeared during your sleep at midday, and the basic principle is that a duty has been discharged and does not need to be repeated unless there is evidence to that effect. 
Fataawa al-Lajnah al-Daa’imah, 6/266. 
And Allaah knows best.

Time of occurence of janaba unknown.

If a man sees the signs of sexual discharge impurity (janaba) on his clothes, and he is not sure when the discharge occurred, and several prayers have passed, what should he do?

If a man sees the signs of sexual discharge impurity (janaba) on his clothes, and he is not sure when the discharge occurred, and he had performed several prayers (salaat) not knowing, he has to perform major ablution (ghusl) and repeat the salaat from the most recent sleep in which he was wearing this clothes. However, if he finds out that the janaba was from a previous sleep, then he should repeat salaat from the last sleep he thinks the janaba occurred1. The references (adillah) on the religious duty of performing ghusl due to janaba in preparation for salaat are many, one of which is Allah's command in the Qur'an, a translated meaning of which is: "O' You who believe, do not get approach salaat while you are drunk until you know what you are saying, nor while impure due to sexual discharge (junob) unless you are traveling about until you perform ghusl" (4:43). And Ali's narration (hadith), (may Allah be pleased with him), in which he said "I was a man with frequent urethral discharge, so I kept performing ghusl until the skin of my back started cracking, so I mentioned this to the Prophet peace be upon him (or it was mentioned to him) so the messenger of Allah (peace be upon him) said, "Don't do ghusl if you see urethral discharge, just wash your male organ and perform wudu' same as wudu' of salaat. If semen appears, then perform ghusl"2. This hadith indicates that appearance of semen requires ghusl whereas urethral discharge only needs washing of the sexual organ followed by wudu'.

From the book What Should You Do in the Following Situtations...?
1 Al-Mughni ma'a al-Sharh il-Kabeer 1/199.
2 Narrated by Abu Dawood number 206 and verified sahih by Albani in Arwaa' al-Ghaleel number 125.

Urinating while showering (making ghusl)

Assalam, I have a question that pertains to impurity. Once we enter the shower, intending to do ghusl, then it is accepted. But what if one urinates while showering? Does his ghusl become void? What i am meaning to say is that, is it ok, if after one urinates to continue washing himself and complete ghusl again?

There is no objection against one urinating while making ghusl. If the intention of ghusl was to purify oneself of janaba or major impurity, then he should complete his ghusl. If the intention was to purify himself of al-hadath al-asghar (minor impurity), he must renew his niyyah (intention) to cleanse himself of his state of impurity and it enough to make wudu' washing the body parts normally washed during wudu'.

Causes that make ghusl a must

What are all the conditions when ghusl is compulsory?

Is the only time you have to do it is after seminal discharge.


Praise be to Allaah.

The causes that make ghusl a must are:

1. The emission of semen, because the Prophet (peace and blessings of Allaah be upon him) said: "What requires water (ghusl) is if you see water (i.e., semen) coming out of you." (Reported by Muslim, no. 1/269)
2. Contact between the genitals, because the Prophet (peace and blessings of Allaah be upon him) said: "If one part enters the other part (in another report: if one part touches the other part), then ghusl becomes obligatory." (Reported by Ahmad and Muslim, no. 526) This ghusl is obligatory whether or not fluid (semen) is released. "touching" here refers to the entry of the tip of the penis into the vagina, not mere touching.
3. Menstruation and nifaas (post-natal bleeding), because Allaah says (interpretation of the meaning): ". . . And when they have purified themselves, then go in unto them as Allaah has ordained for you. . ." [al-Baqarah 2:222]; and because the Prophet (peace and blessings of Allaah be upon him) said to Faatimah bint Hubaysh, may Allaah be pleased with her: "When your period starts, stop praying, and when your period ends, perform ghusl then start praying again." (Reported by al-Bukhari, Fath, 309)
4. Death: the dead - apart from a martyr slain in battle - must be washed (ghusl), because when his daughter Zaynab died, the Prophet (peace and blessings of Allaah be upon him) said: "Wash her with water three or five times, or as many times as you see fit" (Reported by al-Bukhaari, al-Fath, 1175); and when a man who was in a state of ihraam was killed by his riding-beast, he said: "Wash him with water and lotus leaves and wrap him in his two garments, but do not embalm him or cover his head, for he will be raised on the Day of Resurrection pronouncing the Talbiyah." (Reported by al-Bukhaari, Fath, 1186)
There are other types of ghusl about which the scholars differed as to whether they are obligatory, such as performing ghusl on Fridays, or whether a person who becomes Muslim needs to perform ghusl upon entering the Faith.

There are types of ghusl which are encouraged, such as: ghusl on the two Eids; ghusl after washing a dead body; ghusl before entering the state of ihraam or entering Makkah; ghusl for a woman who is suffering from istihaadah (abnormal non-menstrual bleeding) before every prayer; ghusl after being unconscious; and ghusl after burying a mushrik. (Tamaam al-Minnah by al-Albaani, p. 120).

And Allaah knows best.

Unable to perform Ghusl

My health is not very well and I get tired very easily. Sometimes I become clear from menses early in the morning at fajr time. Due to my health, making ghusl at that time would be a hardship for me. What should I do?

Praise be to Allaah, Lord of the Worlds.
First of all, we pray to Allaah to grant you healing and good health.
With regard to your question, if you become pure (i.e., your period ends) at the time of fajr (the pre-dawn prayer), then it becomes obligatory to perform ghusl (complete ablution) in order to perform the prayer. If you are not able to do ghusl because of your illness and inability to do it, then you should do tayammum (“dry ablution”). This means that you should strike bare earth once with the palms of your hands, then wipe your face, and the back of each hand with the palm of the other, then you should pray. And Allaah knows best. May Allaah bless our Prophet Muhammad.

Delaying ghusl for janaabah (impurity following sexual activity) until after dawn has broken in Ramadaan

Is it permissible to delay ghusl for janaabah until after dawn has broken? Is it permissible for women to delay ghusl following the end of menstruation or post-natal bleeding until after dawn has broken?

Praise be to Allaah.
If a woman sees that she has become taahir (pure) before Fajr, then she has to fast, and it does not matter if she delays ghusl until after dawn has broken. But she should not delay it until the sun is risen. The same applies in the case of junub (impurity after sexual activity), one should not delay ghusl until after the sun has risen and in the case of men, they should hasten to do ghusl so that they can pray Fajr with the jamaa’ah (in the mosque).

She prayed when she was junub by mistake – does she have to repeat the prayers?

I prayed Fajr and Zuhr and ‘Asr without having done ghusl for janaabah because I forgot. After having a bath at Maghrib time I repeated these prayers before praying Maghrib. Then my husband told me that it is essential to have the right intention (niyyah) for doing ghusl, so I did ghusl and prayed ‘Isha’ and I did not repeat the rest of the prayers. Are my prayers from Fajr to Maghrib valid? What do I have to do?.

Praise be to Allaah.
Firstly: 
Whoever prays when he is not in a state of tahaarah (purity) has to purify himself and repeat the prayer, according to scholarly consensus, even if he forgot. Al-Nawawi said in al-Majmoo’ (2/78): 
The Muslims are unanimously agreed that it is haraam to pray when one is impure, and they are unanimously agreed that the prayer is not valid whether he knew that he was impure or was unaware of it or forgot. But if he prayed not knowing it or having forgotten it, there is no sin on him; if he knew that he was impure and that it is haraam to pray when one is impure, then he has committed a grave sin. 
Secondly: 
Ghusl following janaabah is not valid unless one has the intention of doing ghusl, because the Prophet (peace and blessings of Allaah be upon him) said: “Actions are but by intentions.” Narrated by al-Bukhaari, 1; Muslim, 1907. 
The site of the intention is the heart; it is not required to speak it out loud. 
If you remembered that you were in a state of janaabah before you took a bath at Maghrib time, and you took a bath for that reason and repeated the prayers that you had offered when you were junub, then that ghusl is valid because the intention was there. You did well to repeat the prayers as this is what is required of you. 
But if you did not remember that you were in a state of janaabah until after you had had the bath, and you took a bath in order to clean yourself or to cool yourself down, for example, then this bath did not take away the janaabah because there was no intention to do so. In that case you have to repeat the ghusl and the prayers. You repeated the ghusl, so all that remains for you to do is to repeat the prayers. So repeat Fajr, Zuhr, ‘Asr and Maghrib. 
And Allaah knows best.

It is obligatory to do ghusl following intercourse even if no ejaculation takes place

If intercourse takes place and there is no ejaculation, is ghusl required? Or is it only required if ejaculation takes place?.

Praise be to Allaah.
The scholars are unanimously agreed that ghusl is required in the event of intercourse. 
Al-Mawsoo’ah al-Fiqhiyyah, 3/198 
If a man has intercourse with his wife, they must both do ghusl even if there is no ejaculation. This was narrated clearly from the Prophet (peace and blessings of Allaah be upon him) in the report narrated by Abu Hurayrah (may Allaah be pleased with him), according to which the Prophet of Allaah (peace and blessings of Allaah be upon him) said: “When a man sits between the four parts (arms and legs of his wife) and has intercourse with her, then ghusl is obligatory.” Narrated by al-Bukhaari, 291. Muslim added (525): “Even if he does not ejaculate.”
 Al-Nawawi said in Sharh Muslim: 
What this hadeeth means is that the obligation of ghusl does not depend on the emission of semen, rather when the tip of the penis disappears into the vagina, then ghusl becomes obligatory for both the man and the woman. There is no dispute concerning this matter today, although there was a difference of opinion among the Sahaabah and those who came after them. Then there arose consensus on what we have mentioned. End quote. 
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: 
It is clear that ghusl is required in this case, even if he does not ejaculate. This is something that is not known to many people, so you may find that this has happened to a couple, but they do not do ghusl, especially if they are young and have not learned much. This is based on their idea that ghusl is only required when ejaculation takes place, but this is wrong. End quote. 
Al-Sharh al-Mumti’, 1/223 
It says in Fataawa al-Lajnah al-Daa’imah (5/314): 
Among the things that make ghusl obligatory for a Muslim are: the emission of semen whilst sleeping; the disappearing of the tip of the penis into the vagina even if no ejaculation takes place; the emission of semen with pleasure when one is awake, even if no intercourse takes place; and menses and nifaas (postpartum bleeding) in the case of a woman, in which case she must do ghusl when the bleeding stops.” 
End quote.

Is ghusl required if intercourse takes place with a barrier?

If intercourse takes place with a barrier, alike some of the things that are used nowadays (condoms), is ghusl required?.

Praise be to Allaah.
If there is emission of semen, then ghusl is required because of ejaculation, because the Prophet (peace and blessings of Allaah be upon him) said: “Water is for water.” Narrated by Muslim, 343.
 But if there is no emission of semen, the scholars differed concerning this matter and there are three opinions: 
1 – That ghusl is required of both the man and the woman, regardless of whether the barrier is thick or thin. This is the view of al-Shaafa’i (may Allaah have mercy on him). 
Al-Nawawi said: 
If he wraps a piece of cloth around his penis and inserts it until the tip disappears, but does not ejaculate, the correct view is that ghusl is required of both of them, because the rulings have to do with penetration, and this has taken place. End quote. 
Al-Majmoo’, 2/150 
2 – That ghusl is not required at all. This is the view of the Hanbalis, as stated in al-Insaaf (2/92), because the two parts have not met due to the presence of the barrier. 
3 – That if the barrier is so thin that heat and pleasure can be felt, then ghusl is required, otherwise it is not. This is the view of the Maalikis as stated in al-Mawsoo’ah, 11/201. 
Ibn ‘Uthaymeen said concerning this third opinion: This is the most likely to be correct, but to be on the safe side ghusl should be done. End quote. 
Al-Sharh al-Mumti’, 1/234.

He had an erotic dream whilst fasting but he did not see any trace of semen

I had an erotic dream whilst fasting, but when I woke up I did not see anything to indicate that I had ejaculated. I had a dream without ejaculating. Should I do ghusl and complete my fast, or should I complete the fast without doing ghusl, or should I break my fast?.

Praise be to Allaah.
Firstly: 
If a person has an erotic dream then when he wakes up he does not see any trace of semen on his clothes, then he does not have to do ghusl. 
Ibn Qudaamah said in al-Mughni: 
If a person thinks that he had an erotic dream, but he did not see any semen, then he does not have to go ghusl. Ibn al-Mundhir said: Every scholar from whom I acquired knowledge is agreed on this. 
Umm Salamah narrated that Umm Sulaym said: “O Messenger of Allaah, does a woman have to do ghusl if she has an erotic dream?” He said: “Yes, if she sees water.” Agreed upon. This indicates that she does not have to do ghusl if she does not see water (discharge). 
Secondly: 
Fasting is not invalidated if one sees an erotic dream because this is something that the fasting person does not choose to do, it happens involuntarily. 
Al-Nawawi said in al-Majmoo’: 
If a person sees an erotic dream, that does not invalidate his fast, according to scholarly consensus, because it is involuntary, as in the case where a fly enters his mouth and he swallows it involuntarily. This is what is to be followed in this issue. With regard to the hadeeth narrated from the Prophet (peace and blessings of Allaah be upon him) which says “The one who vomits, has an erotic dream or has cupping done does not break his fast” – this is a weak (da’eef) hadeeth which should not be taken as evidence. 
It says in al-Mughni (4/363): 
If a person has an erotic dream, that does not invalidate his fast, because that does not happen by his choice. This is akin to if something enters his throat whilst he is sleeping. 
Shaykh Ibn Baaz was asked in Majmoo’ al-Fataawa (15/276) about a person who slept during the day in Ramadaan and semen came out of him – does he have to make up this day? 
He replied: 
He does not have to make it up, because a wet dream does not happen by his choice, it is involuntary. But he does have to do ghusl if he sees semen. 
Shaykh Ibn ‘Uthaymeen was asked in Fataawa al-Siyaam (p. 284) about a person who has an erotic dream during the day in Ramadaan. He replied: His fast is still valid, and if he has an erotic dream that does not invalidate his fast, because it was involuntary. The Pen was lifted from him whilst he was asleep [i.e., his actions are not recorded and he will not be brought to account for them]. 
It says in Fataawa al-Lajnah al-Daa’imah (10/274): 
If a person has an erotic dream whilst he is fasting or in ihraam for Hajj or ‘Umrah, there is no sin on him and he does not have to offer expiation, and that does not invalidate his fast or Hajj or ‘umrah. He has to do ghusl from janaabah if any semen came out.
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Monday, 20 February 2012

No zakaah is due on rental cars and delivery trucks

Is there any zakaah on rental cars and vehicles that companies own for moving products?.

Praise be to Allaah.
There is no zakaah on rental cars or delivery trucks, rather zakaah is due on the rental income if they reach the nisaab and one year has passed. 
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked: Is there any zakaah on commercial trucks that go and bring grain etc, or camels that are used for the same purpose? 
He replied: There is no zakaah on trucks and camels that are used to move grains, goods and other things, because they are not prepared for sale, rather they are prepared to be used to move things. But if the trucks – or other things such as camels, donkeys, mules or other animals that it is permitted to sell – are prepared for sale, then zakaah becomes due on them, because in that case they have become trade goods and zakaah is due on them, because of the report narrated by Abu Dawood and others from Samurah ibn Jundub who said: The Prophet (peace and blessings of Allaah be upon him) used to enjoin us to give zakaah on that which we had prepared for sale. This is the view of the majority of scholars. Imam Abu Bakr ibn al-Mundhir (may Allaah have mercy on him) narrated that there was consensus among the scholars on this point. End quote. 
Majmoo’ Fataawa Ibn Baaz, 14/181 
The scholars of the Standing Committee were asked: How should we pay zakaah on delivery trucks and rental cars? Should it be based on their value or on the earnings? 
They replied: So long as these vehicles are prepared for rental, then zakaah is due on the earnings when one year has passed, not on their value. End quote. 
Majmoo’ Fataawa al-Lajnah al-Daa’imah, 9/349.

Is zakaah due on manufacturing equipment? Is zakaah due on manufacturing equipment?

Is manufacturing equipment subject to zakaah, knowing that its value may be very high?.

Praise be to Allaah.
Company buildings, heavy and light machinery and vehicles that are used to transport goods or company workers are not subject to zakaah.  
The early scholars stated that the tools of craftsmen such as carpenters, builders, blacksmiths and the like are not subject to zakaah. Al-Kasaani said in Badaa’i’ al-Sanaa’i’ (3/398): As for the tools of the craftsman and the buckets and containers, they are not trade goods, because they are not usually sold with the goods. End quote. 
In Kashshaaf al-Qinaa’ (168/2) it says: There is no zakaah on craftsmen’s tools, containers used for displaying goods or the jars and bottles used for perfume and groceries, or for oil and honey, unless they are intended for sale, i.e., the bottles and their contents, in which case zakaah should be paid on both because they are goods for trade. The same applies to the equipment used for tending animals. If they are to be kept then there is no zakaah on them, because they are tools of the trade, but if they are to be sold with the animal then they are trade goods and zakaah should be paid on them. End quote. 
The fact that these machines may be huge and produce a great deal does not alter the shar’i ruling at all, rather the basic principle still applies and the ruling remains as it is. The fact that cars and planes can cover huge distances does not affect the rulings on concessions granted to travellers. Similarly, changes in tools used for manufacturing do not affect the rulings at all. Stated by Shaykh ‘Abd-Allaah al-Bassaam. Majallat al-Majma’ al-Fiqhi, 4/1/722 
Shaykh Ibn Baaz (may Allaah have mercy on him) was asked about modern enterprises that have appeared nowadays, such as enterprises for animal production, milk production, agricultural production, and large real estate projects such as high-rise buildings. Is there any zakaah on these things, and how should the zakaah be paid? 
He replied: if these projects and enterprises are set up for the purpose of buying and selling, with the aim of making a profit, then the owner must pay zakaah on them every time one year passes, if these things are prepared for sale, whether they are buildings, land, shops, animals on his farm, and so on. He should pay zakaah when one year has passed, based on their value. But equipment that is not for sale is not subject to zakaah, and the land on which the farm is located is not subject to zakaah if it is not prepared for sale, rather it is the place where the owner raises the animals for sale or it is cultivated by him and so on. So the zakaah is on the produce, but the land itself which is prepared for cultivation or where he raises animals is not subject to zakaah. The same applies to carpenters and blacksmiths – there is no zakaah on the tools that they have for use such as hammers and and all other tools. Rather zakaah is due on wealth that is prepared for sale and tools that are prepared for sale – as stated above – when one year has passed he should pay zakaah according to their value. Zakaah should also be paid on vehicles that are prepared for sale and land that is prepared for sale.”  
Majmoo’ Fataawa Ibn Baaz, 14/184 
The scholars of the Standing Committee were asked: In our institute there is equipment that is used for the work of the institute, such as vehicles, compressors and mixers. Is zakaah due on them or not? 
They replied: 
Zakaah is due on the rental fees paid if they are rented out, after one year has passed, if that reaches the nisaab. If the owner of the institute enters into contracts and uses these machines to fulfil the contracts, then the zakaah should be paid from the profits earned from these contracts, after one year has passed, but no zakaah is due on the machines themselves or on their value, because they have not been prepared for sale, rather they have been prepared for use. End quote. 
Fataawa al-Lajnah al-Daa’imah, 9/345 
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: 
No zakaah is required of a man for what he keeps of vessels, furniture, tools, cars, property etc, even if he has prepared them for renting out. If a person owns many properties that are worth millions, but he does not deal in them by buying or selling, rather he prepares them for using or renting, then no zakaah is due on these properties, even if they are many. Rather zakaah is due on what he earns from them in rental payments or income; zakaah must be paid on rental income when one year has passed since the beginning of the contract. If one year has not yet passed, then no zakaah is due, because in principle there is no obligation (with regard to these matters) unless there is evidence. Rather the evidence indicates that zakaah is not required on them, because the Prophet (peace and blessings of Allaah be upon him) said: “The Muslim does not have to pay zakaah on his slave or his horse.” This indicates that “non-zakaatable” wealth that a person keeps for himself is not subject to zakaah, and wealth that a person prepares to provide an income for himself, such as real estate etc, is undoubtedly something that a person wants for himself and not for others, because he is not selling it, rather he is keeping it for income. End quote. 
Majmoo’ Fataawa Ibn ‘Uthaymeen, 18/254.

Is zakaah due on bonuses?

The company for which I work gives fifteen days’ wages as a bonus at the end of every year of service, but this bonus comes at the end of the period of service. If I take this bonus after the end of the period of service, is zakaah due on it or not?.

Praise be to Allaah.
If the situation is as described, then no zakaah is due on that bonus until you receive it, and one year has passed from the time of receiving it. End quote.

Is zakaah due on business premises?

In 1996 I bought a shop for my brother to work in, but the shop has remained closed until now; my brother has not worked in it and I have not benefited from it. It did not enter my mind that zakaah may be due on it until recently. The price of the shop when I bought it was 400,000, then the price dropped to 300,000 in the year 2000. Now the price is between 700,000 and 800,000. In the coming year, in sha Allaah, I will try to open the shop so that someone can work in it and benefit from it.
 I hope that you can advise us as to whether zakaah is due on it or not. What can I do if I do not have enough money to pay zakaah?.

Praise be to Allaah.
The Muslim does not have to pay zakaah on his car, house or shop, even if the value of these things is great. Rather zakaah is due on things that are bought and sold for the purpose of trade and profit, which are called “trade goods”. If a person has any property or real estate – land, houses or shops – which he has acquired for the purpose of trade, buying and selling, then he should work out their value at the time when zakaah becomes due and pay one-quarter of one-tenth. But if a person has acquired that property to live in, or to farm it, or to rent it out or to buy and sell in it, then no zakaah is due on it. 
The scholars of the Standing Committee said: 
Wealth that people own is of various types. With regard to money, zakaah is due on it if it reaches the minimum threshold (nisaab) and one hijri year has passed. In the case of agricultural land, zakaah is due on the grains and crops on the day of the harvest, not on the land itself. In the case of land or buildings that are rented out, zakaah is due on the rent when one year has passed, not on the land or building itself. If the land, building or other goods are for trade, then zakaah is due on them when one year has passed, and you should pay zakaah on the profit when one year has passed for the capital, if the capital has reached the nisaab. End quote. 
Fataawa al-Lajnah al-Daa’imah, 9/331 
Based on this, you do not have to pay zakaah on this shop. 
And Allaah knows best.

Zakaah on monthly salaries and how is zakaah to be paid by one who is in debt?

I keep my money in the bank, as my monthly salary is deposited directly by my work, and I withdraw it to pay my expenses. I do not know the amount for which one year has passed, so that I can pay zakaah on it. I decided on the first on Ramadaan as the day for paying zakaah, by working out how much is in my bank account, even if the last payment of my monthly salary was deposited a few days before Ramadaan. 
I have two questions: 
1 – Is what I am doing to work out my zakaah valid? 
2 – I recently took a loan from my work to buy a house and I will be paying it off in monthly installments deducted from my salary during the coming year. Should I subtract the outstanding loan from the calculation for zakaah, knowing that I have savings in my bank account? For example, if I have savings of one hundred thousand riyals in the bank when Ramadaan comes, and the outstanding loan that I owe is seventy thousand riyals, what is the correct calculation?.

Praise be to Allaah.
Firstly: 
It is not permissible to put money in riba-based banks unless that is essential in order to protect it, so long as that is without interest. See the answers to questions no. 2334622392 and 49677
Secondly: 
If one full year has passed since you acquired the nisaab (minimum threshold) then zakaah must be paid immediately, and it is not permissible to delay it beyond that when one is able to pay. A person does not have the choice of selecting a particular month for paying zakaah on his wealth, rather that month should be after one year has passed, unless he is paying it in advance in Ramadaan, before the year has passed, in which case there is nothing wrong with it. But after the year has passed, it is not permissible to delay it until Ramadaan. 
See the answer to question no. 26716 and 8400
Thirdly: 
If you pay zakaah on all your wealth, even your monthly salary, this is safer and is the easiest way of paying zakaah on what you have saved of your salary. 
See the answer to question no. 26113 and 50801
Fourthly: 
We have already explained that riba (usury) is haraam, and it is haraam with regard to building and buying houses. If that loan is riba-based, then you must hasten to repent and get rid of it, seeking that which is with Allaah and fearing His punishment. 
See the answer to question no. 459512191422905 
Fifthly: 
With regard to the zakaah of one who is in debt, the correct scholarly view is that the debt cannot be subtracted from the wealth on which zakaah is due. In the example which you mention, you have to pay zakaah on the full one hundred thousand, and you cannot subtract from it the debt that you owe. 
See the answer to question no. 6576322449 and 22426
And Allaah knows best.

He has a dagger and a revolver – is there any zakaah on them?

My father has a dagger and a licensed revolver. I want to ask: is there any zakaah due on them?.

Praise be to Allaah.
No zakaah is required of a person for what he owns of weapons, animals, clothing and the like, unless it is for trade. The evidence for that is the words of the Prophet (peace and blessings of Allaah be upon him): “No zakaah is due from the Muslim for his slave or his horse.” Narrated by Muslim (982). 
Al-Nawawi (may Allaah have mercy on him) said: This hadeeth is the basis of the principle that no zakaah is due on one’s own property, and no zakaah is due on horses and slaves if they are not for trade. End quote from Sharh Muslim. 
One's own wealth means that which a person keeps to make use of and benefit from, not for purposes of trade. On this basis, no zakaah is due on the dagger and revolver, unless they are prepared for sale, in which case zakaah is due on them. See also the answer to question no. 65515 for information on how to pay zakaah on trade goods. 
It should be noted that the dagger may be made of silver or plated with gold. If the gold or silver in it reaches the nisaab (minimum threshold) then zakaah is due on it; or if it is less than the nisaab but the owner has other gold or silver that reaches the nisaab when put together with it, then zakaah is also due on it. 
But if the gold or silver in it is less than the nisaab and the owner has no other gold or silver, then no zakaah is due on it. 
The scholars of the Standing Committee were asked: is a personal weapon such as a rifle, revolver or sword subject to zakaah, and how should it be paid? 
They replied: 
No zakaah is due on that because it is not prepared for trade. But if there is any gold on the sword etc that reaches the nisaab by itself or when added to other gold that he owns, then he must pay zakaah, according to the more correct of the two scholarly opinions, as is the case with jewellery. End quote. 
Fataawa al-Lajnah al-Daa’imah (9/276) 
And Allaah knows best.

Is it obligatory to pay zakaah on money loaned to someone who is going through difficulties or who is delaying repayment?

What is the ruling on paying zakaah on money loaned to someone who is going through difficulties and may take years to repay? What is the ruling on paying zakaah on money loaned to a rich man who is delaying repayment? What is the ruling on a loan given to someone who one knows is rich and will pay it back – of course, after one year has passed?

Praise be to Allaah.
If the debtor is going through difficulty or is rich but is delaying repayment, and it is not possible to get the money back from him, either because there is not sufficient evidence to get the matter resolved through the courts, or because one has evidence but the authorities will not help him to get it back, as is the cases in some countries where the authorities do not support people’s rights, zakaah does not have to be paid until the loan is recovered and one hijri year has passed. If, however, the debtor is rich and it is possible to recover the loan, then it is obligatory to pay zakaah on the money each time a year passes, if the loan reaches the level of nisaab either by itself or when added to one’s other money and other wealth.
Allaah is the Source of strength. May Allaah bless our Prophet Muhammad and his family and companions.

Zakaah on company shares

I hope that you can give me an idea about how to pay zakaah on shares, and if the company already pays zakaah, am I obliged to pay zakaah too?

Praise be to Allaah.  
The zakaah on shares is obligatory upon the owners of the shares. It may be paid on their behalf by the company if that is stated in the company’s constitution, or it is decided by the board of directors, or if the law of the land obliges companies to pay zakaah, or if the shareholder authorizes the company to pay zakaah on his shares. 
Secondly:
The company should pay zakaah on the shares just as an individual pays zakaah on his wealth, in the sense that all the money of the shareholders is to be considered like the wealth of one person, and zakaah is calculated on that basis, depending on the category of wealth on which zakaah is obligatory, the nisaab (minimum threshold), the amount on which zakaah is to be paid, and other matters which are to be taken into account with regard to the zakaah to be paid by an individual. This is based on the principle of khultah (collectivity), according to the fuqaha’ who apply this to all kinds of wealth, excluding the amount of shares on which zakaah is not obligatory, such as shares belonging to the public treasury, charitable waqfs, charitable organizations, and shares belonging to non-Muslims. 
Thirdly:
If the company does not pay zakaah on its wealth for any reason, then the shareholders are obliged to pay zakaah on their shares. If the shareholder can find out from the company’s statements how much the company would have to pay in zakaah if it did pay zakaah in the manner described above, then he should pay zakaah on that basis, because this is the basic principle with regard to paying zakaah on shares. 
If the shareholder is not able to find that out: 
If he holds shares in the company with the intention of benefiting from the annual profits of the shares, and not for the purpose of trading in those shares, then he should pay the zakaah similar to that paid on things that are rented out, in accordance with the resolution of the Islamic Fiqh Council (Majma’ al-Fiqh al-Islami) passed during its second session, with regard to the zakaah on real-estate and non-agricultural land that is rented out. The owner of these shares does not pay zakaah on the value of the shares, rather he pays zakaah on the profits, which is 2.5% after one year has passed from the day when he acquired that profit, bearing in mind the conditions of zakaah and provided that there are no impediments.
 If the shareholder bought the shares with the intention of trading, then the zakaah on the shares is the same as zakaah on trade goods. If one year has passed and they are still in his possession then he should pay zakaah on the value of the shares, based on the evaluation of experts, and he should pay 2.5% of that value and of the profit, if the shares have made any profit. 
Fourthly: 
If the shareholder sells his shares during the year, he should include their price in his wealth and pay zakaah on it after one year has passed. The purchaser should pay zakaah on the shares that he has bought in the manner described above. And Allaah knows best.