12 August 2012

Summary:
Seerah: Hunain (Distribution of Spoils)

• The Prophet waited for Hawazin to reclaim booty
• The Prophet* gave from his share (20%) of wealth to people who were newly into Islam to soften their hearts and bring them closer to Islam
• The Prophet* didn’t give to others because he loved them more and knew they would be happier with it
• The Ansar were initially unhappy but the Prophet* asked Allah to forgive 3 generations of Ansar

Fiqh of Ramadhan: Moonsighting

• If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way - for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast or celebrate.
• It depends on sighting of the moon (not calculation)
• The command to fast is general so it applies to everyone – no matter where they live
• People are misguided and follow the wrong reasons (local mosque, politics, nationalism, pride) for Eid rather than basing on Qur’an & Sunnah
• If you miss a day (start late) you need to make this up
• It is Haram to fast on Eid day

Seerah of Muhammed*
*: May the peace blessings and Mercy of Allah be upon him
TMQ: Translation to the nearest meaning of the Qur’an

The Distribution of the Booty at Al-Ji'ranah

Upon returning and lifting the siege in Ta’if, the Prophet* had stayed over ten nights at Al-Ji‘ranah before starting to distribute the booty. Distribution delay was due to the Prophet’s hope that Hawazin’s delegation might arrive and announce their repentance and consequently reclaim their loss. Seeing that none of them arrived, he started dividing the booty so as to calm down the tribes’ chiefs and the celebrities of Makkah. The first to receive booty and the ones who obtained the greatest number of shares were the people who had recently embraced Islam.
Abu Sufyan bin Harb was given a hundred camels and forty (gold) ounces and yet he said, “What about my son, Yazid’s Share?” So he was given the same quantity for his son as well. But yet he exclaimed: “And what about the share of Mu‘awiyah, my second son?” So the Prophet* gave Mu‘awiyah as much as he gave his father and brother. Hakeem bin Hizam was given a hundred camels, but he was given a hundred more when he demanded. Safwan bin Omaiyah was given three hundred camels - a hundred camels at each time. It is thus mentioned in Shifa, Book by Qadi Iyadh. The Prophet* gave Al-Harith bin Harith bin Kilda a hundred camels. He also gave some chiefs of Quraish and other clans a hundred camels; he gave others fifty and some others had forty. On account of these big gifts and special shares these persons began entertaining feelings of love and affection for the Prophet and were, however, drawn to Islam. In Islamic jurisprudence such people are called Mu'allafatul Qulub (those whom it is desired to encourage) and one of the purposes for which zakat can be spent is expenditure on them. Ibn Sa'd said: "All these gifts were given from khums which was the personal property of the Prophet and not even a Dinar was spent out of the shares of the others for the encouragement of the people belonging to this group."
Eventually it was spread among people that “Muhammad grants generously and fears not to grow poor.” This made bedouins gather around him expecting to be given some wealth. They were so many that they forced the Prophet* to seek refuge against a tree and they even took away his garment, “O people!“ He said, “Give me back my garment! For I swear by the One in Whose Hand is Muhammad’s soul, that if I had as many numerous camels as the number of Tihama trees, I would distribute them among you. You know quite well that I am neither mean nor coward or a liar.” Standing by his camel he plucked out a hair of his camel’s hump and held it between his two fingers, lifted it up and said: “O people, I swear by Allah that I get nothing but one-fifth of your booty, and this very fifth goes back to you.”
As soon as he had given the new converts, the Prophet* ordered Zaid bin Thabit to fetch the booty and summon people. Then he ordained shares to people. A footman’s share was four camels and forty sheep, and a horseman would take twelve camels and a hundred and twenty sheep. This distribution of booty was based on a wise policy. In this world there are lots of people who know the truth only when it comes through their stomachs and they do not recognize it if it comes through their brains. The similitude of such people is as the guidance of an animal to its herd by means of a bunch of clover held at a constant distance off its mouth. The animal would try all the time to catch it, so it would eventually go into the herd safely. In the same way you have to do various kinds of temptations to make certain kind of people familiarize Islam and be pleased with.
When a devoted Sahaba, Juayl b. Suraqah complained about Muhammad’s unfairness in the distribution of B. Hawazin booty, Muhammad replied, “By Him in whose hand is my soul, Juayl b. Suraqah is better than an entire world full of men like Uyayanah b. Hisn and al-Aqra b. Habis, but I have treated them generously so that they may embrace Islam, and I have entrusted Ju’ayl b. Suraqah to his Islam.”

The Helpers (Al-Ansar) Are Furious At The Prophet*

At first the Prophet’s policy of distribution was uncomprehended by many a man. These gifts and expenditures allowed by the Prophet were strongly resented by a number of the Muslims and especially by some of the Ansar. They, who were not aware of the higher interests kept in view by the Prophet in making these gifts, thought that ties of kinsmanship had prompted him to distribute the khums of the booty among his relatives. Therefore sharp-tongued people started expressing their objections. The Helpers were among those who were afflicted by this policy. They were deprived of Hunain gifts though they had been the ones who were summoned at Hunain hard times and they were the first to rush to fight with the Prophet* and standfast till the defeat turned into victory. Now here they are watching those who escaped fill their hands with booty while they are given nothing. On the authority of Ibn Ishaq: “When the Prophet* had given Quraish and Arab tribes those gifts and allotted nothing to the Helpers, a group of the Helpers felt so uneasy about it that a lot of ill-statements against the Prophet* were spread among them to an extent that one of them said: “By Allah, the Prophet* was illspoken of by his folksmen!” And those ill-statements went on spreading till Sa‘d bin ‘Ubadah met the Prophet*, who in his turn faced his people after a while.
Sa‘d bin ‘Ubadah said: “O Prophet, this group of the Helpers are furious at you about the distribution of the booty that you had won. You have allotted shares to your own kinsmen and forwarded lots of gifts to the Arab tribes. But this group has obtained nothing.” The Prophet* asked Sa‘d exclaiming: “Sa‘d, what do you think of all that?” Sa‘d replied: “O Prophet. You know that I am nothing but a member of this group.” “Call out on your people and bring them forth to me into this shed.” Said the Prophet*.
So Sa‘d went out and summoned them. When some Emigrants came, he let them in but forbade others. When they were all gathered together, he informed the Prophet saying: “This group of the Helpers have just arrived to meet you in compliance with your orders.” As soon as the Messenger* faced them he thanked Allah and praised Him, then said to them inquiring, “I have been told that you are angry with me. Didn’t I come to you when you were astray and Allah guided you? You were poor and Allah gave you wealth. Weren’t you foes and Allah made you love one another.” “Yes,” they said, “Allah and His Messenger are better and more gracious.” Then he said: “What prevents you from replying to the Prophet, O tribe of Helpers?” They said, “What should be the reply, O Prophet, while to the Lord and to his Messenger belong all favours.”
The Prophet* again said: l “But by Allah, you might have answered and answered truly, for I would have testified to its truth myself: ‘You came to us belied and rejected and we accepted you; you came to us as helpless and we helped you; a fugitive, and we took you in; poor and we comforted you’. You Helpers, do you feel anxious for the things of this world, wherewith I have sought to incline these people unto the Faith in which you are already established? Are you not satisfied, O group of Helpers that the people go with ewes and camels while you go along with the Prophet* to your dwellings. By Him in Whose Hand is my life, had there been no migration, I would have been one of the Helpers. If the people would go through a valley and passage, and the Helpers go through another valley and passage, I would go through the valley and passage of the Helpers. Allah! Have mercy on the Helpers, their children and their children’s children.” The audience wept until tears rolled down their beards as they said: l “Yes, we are satisfied, O Prophet of Allah* ! with our lot and share.” Then the Prophet* left the gathering and the people also dispersed.


Fiqh of Ramadhan – part 2:
All Muslims are obliged to start Ramadhan and celebrate Eid on the same day

If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way - for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast or celebrate.

This is because this is what Allah* and the Prophet* ordered. To prove this is the case we have to look at:
• The Quran
• The Sunnah

What we can’t look at to prove things are Islamic are:
• Our emotions
• What people think
• What most people are doing
• What is normal is our community
• What the tradition is.
Ibn Masud said: "The jama'a is truth even if it is one person".

The Qur’an says…"Whoever witnesses the crescent of the month, he must fast the month." [2:185] "They ask you about the crescents. Say: They are but signs to mark fixed periods of time in the affairs of men and for pilgrimage." [2:189]

The Prophet* mentioned Ramadhan and with a gesture of his hands said: "The month is thus and thus. (He then withdrew His thumb at the third time indicating 29)." He then said: "Fast when you see it, and break your fast when you see it. And if the weather is cloudy do calculate it (the months of Shaban and Shawwal) as thirty days." [Muslim] He also said; "Do not fast till you see the new moon, and do not break fast till you see it; but if the weather is cloudy complete it (thirty days)." [Bukhari] "The month consists of 29 nights, so do not fast till you have sighted it (the new moon), and if the weather were cloudy, then complete it as thirty days." [Bukhari]  "The month of Ramadhan may consist of twenty-nine days. So do not fast until you have sighted it (the new moon) and do not break fast, until you have sighted it (the new moon of Shawwal), and if the sky is cloudy for you, then complete it (thirty days)." [Muslim]  "The month of Ramadhan may consist of twenty-nine days; so when you see the new moon observe fast and when you see (the new moon again of Shawwal) then break it. And if the sky is cloudy for you, then calculate it (and complete thirty days)." [Muslim]
These narrations are very clear. The Qur’an and the Prophet* order us to fast when the sighting of the new moon of Ramadhan is confirmed, and order us to break the fast and celebrate Eid when the sighting of the new moon of Shawwal is confirmed. We have to follow these orders of the Quran and the Prophet*. We would be sinful if we didn’t. Just like we would be sinful if we didn’t listen to the Quran and Prophet* for another order like praying salah.

The command to fast is general so it applies to everyone – no matter where they live
When the Qur’an and Prophet* order us to fast or celebrate Eid – they are ordering every Muslim – everywhere in the world. In the hadith, the Prophet* commands us to fast using the word ‘sumu’- ‘do fast’. This word is in the plural form which means the command is general and comprehensive. This means that it applies to all Muslims, no matter where they live.  "Do fast [sumuw] when it is sighted and break fast when it is sighted." In the hadith, the Prophet* commands us to fast using the word ‘ruyateh’ – ‘sighting’. This word is general. This means that Muslims have to fast after any legitimate sighting of the moon regardless of where the moon was sighted. "Do fast when it is sighted [ru’yateh] and break fast when it is sighted."
Even the Prophet* used to begin fasting when he had not personally seen the moon, but a Muslim had told him that he had seen it. Ibn Umar reported, "During the time of the Prophet*, the companions went looking for the new crescent. So I told the Prophet* that I saw it. So he fasted and told the companions to fast." [Abu Dawud & Hakim]
So if the moon was sighted in Morocco do Muslims in Indonesia fast? YES! During the life of the Prophet* the Muslims used to start the fast on the same day and break it on the same day, despite the fact that they lived in different areas. This is another Islamic evidence that the sighting of the new moon in one area obliges all the Muslims to fast together on the same day and celebrate Eid on the same day

What If The News Reaches Us Too Late To Fast On The Same Morning?
This has also been answered in the ahadith. It is also reported in an authentic hadith: Abu ‘Umayr ibn Anas reported from his paternal uncles among the Ansaar who said: "It was cloudy and we could not see the new moon of Shawwaal, so we started the day fasting, then a caravan came at the end of the day and told the Messenger* that they had seen the new moon of Shawwaal the day before, so he told the people to stop fasting, and they went out to pray the Eid prayer the next day."

This all sounds simple – so what reasons do people use for not fasting on one day?
Reason 1 – Times of fasting differ for each region, like prayer times
Reason 2 – The Companions didn’t fast on one day.
We’ll also look at
• Using calculations to decide the new moon
• The idea of ‘sticking to the majority’

Reason 1 – times of fasting are like times of prayer – they’re different in each area
The thinking goes something like this: Every country should start Ramadhan and celebrate Eid based on their own sighting of the moon, in the same way each region begins its prayer time according to the sun in that area.
The answer: It’s right to say that prayer times differ in each area, because they are based on the times the sun sets and rises – this happens at different times in each region. So the times we Start fasting and Break fasting is different for each region. Because Allah* says: "And eat and drink until the white thread of dawn appears to you distinct from its black thread; then complete your fast until the night appears" [2:187] But the day we Start Ramadhan and Celebrate Eid must be the same all over the world. Because this is what the narrations have clearly indicated; and this is what is confirmed by the understanding deduced from the Shari'ah rule.
The difference in the rising of the new moon between the farthest two points in the world is not more than twelve hours. The classical scholars are excused for not understanding this deduction from the Shari'ah rule, because at the time they were not in a position to clearly realise the movements of the earth, sun and the new moon. And now that the deduction made from the rule is understood, there are no excuses left for those who claim that the difference in the time of rising could exceed one day, let alone those who claim that it could be even a few days.

Reason 2 – The companions of the Prophet* did not fast at the same time.
Another reason given by some is that the companions of one region would not fast at the same time as the companions of a different region. The evidence for this is taken from a report by Imam Muslim about Kurayb who reported that a lady sent him to Mu'awiya in Al-Sham for some business. Kurayb said: "I arrived in Al-Sham and did business for her. It was there in Al-Sham that the month of Ramadhan began. I saw the new moon of Ramadhan on Friday. “I then came back to Madina at the end of the month. Abdullah Ibnu Abbas asked me about the new moon of Ramadhan and said: "When did you see it?" I said: "We saw it on the night of Friday," He said: "Did you see it yourself?" I said: "Yes, and the people also saw it and observed the fast and Mu'awiya also observed the fast; He said: "But we saw it on Saturday night. Some would continue to observe fast till we complete thirty (fasts) or we see it (the new moon of Shawwal)." I said: "Is the sighting of the moon by Mu'awiya not valid for you?" He said: "No, this is how the Prophet* has commanded us."
THIS IS THE CLAIM
…That Ibnu Abbas ignored the sighting of the people of Al-Sham and so at the end of the narration said: ‘…this is how the Messenger* has commanded us.’ Some people say that Ibnu Abbas learnt from the Messenger* that the people of one region are not obliged to fast on the sighting of another region. It’s also said that this hadith explains and specifies the hadith : “ Fast when you see it and break fast when you see it.” Some therefore claim that the people of each region are commanded to act on the sighting of the new moon in their region only and not in other regions. Therefore the beginning of fast and the beginning of Eid vary from one region to another, according to the times of rising of the moon.

THE ANSWER:
1. This report is not a hadith of the Messenger* but the legal opinion [ijtihad] of a companion.
2. The fact that Ibnu Abbas did not act upon the sighting of the people of Al-Sham reflects his legal opinion [ijtihad] and it cannot be used as a Shari'ah evidence.
3. The reason for this is that when we have a hadith saying one thing and a legal opinin [ijtihad] saying something else – the hadith must be acted on and the legal opinion [ijtihad] has to be left.
4. The ijtihad of the sahabi cannot specify the general term of the hadith.
5. So when Ibnu Abbas said: "This is how the Prophet* commanded us", this is not a hadith. It is just the way Ibnu Abbas understood the hadith of the Prophet* in which the Prophet* said: "Fast when you see it and break fast when you see it." This indicates that Ibnu Abbas understood the hadith as such; though he did not say the words: “This is how the Messenger* reported it,” nor did he say: “This is how we learnt it from the Messenger*.” But he said: “This is how the Messenger* commanded us.”
What did Imam Al-Shawkani say about this hadith? He said:…And what is referred in his saying: ‘This is how the Messenger* commanded us’, is his saying (i.e. Ibnu Abbas). “…And the command of the Messenger* lies in the hadith extracted by Bukhari and Muslim, among others, with the following wording: "Do not fast till you see the new moon and do not break fast till you see the new moon, and if the sky were cloudy, then complete it as thirty days." And this does not specifically apply for the people of one region to the exclusion of others, but to all the Muslims.”

Why can’t we use calculations?
Calculating the times when the new moon for Ramadhan and Eid - can’t replace an actual sighting of the new moon with the human eye. The reason for this is that the narrations which mention when to start fasting and end fasting mention seeing the moon with the eyes themselves.
Calculations can help us know around what time the new moon will be born and therefore the right time to start looking out for the new moon. Governments who use these calculations instead of the sighting, their actions contradict the Qur’an and hadith. Therefore their actions are haram/unlawful and the Muslims are forbidden from relying on their announcements.
This is because all the narrations about the sighting of the moon use the word "ru'yatehe" which comes from the word "ra'a" to refer to the sighting. People who support the idea of calculating the birth of the moon for Ramadan say this word means ‘knowledge’. So as long as we have ‘knowledge’ of when the new moon is born we should fast. And using calculations helps us come to this knowledge This is a misuse the word "ra'a". The word ra'a could mean knowledge. But it’s not right to apply this meaning here because of the following two reasons:

When referring to a single object, "ra'a" means to visualize that object through the eye, i.e. he saw the moon. However, if ra'a refers to two objects, it could mean to know, i.e. he knew the correct opinion.
Ra'a + 1 object [like the moon] = see with the eyes
Ra’a + 2 objects = knowledge
If ra'a is used in reference to a physical object, it means to visualize the object through the eye. However, if it is used to present an idea or an abstract thing – like love - then it could mean knowledge.
Ra'a + physical object [like the moon] = see with the eyes
Ra’a + abstract object [like love] = knowledge
The moon is a single, physical, object. This is why the narrations which use the word ‘ru’yatehe’ refer to the moon, mean to see the moon with the eyes.

There’s no analogy in ritual worships
Even if this "condition" were considered a reason [illah] - analogy [qiyas] on this issue is invalid. Why?
1. There can be no analogy [qiyas] in ritual worships (Ibadaat).
2. This analogy contradicts the definite meaning in narrations which clearly show that the cause [sabab] for fasting is the sighting of the moon.
• Therefore, it is quite clear that the arguments presented to "justify" the beginning of Ramadan through the use of calculations are invalid and haram.
• The only way to determine the arrival of Ramadan is through sighting the moon.

What about sticking with the majority – surely we have enough splits with the Ummah?
Some people claim that Muslims must follow what the majority are practicing. They attempt to misquote Islamic texts about "holding on to the Jama'a (group)". They misinterpret these to mean the ‘Jumhoor' (majority). Islam has obliged sticking to the jama'ah [group] of Muslims under an Imam (Khalifah). Islam did not oblige sticking to the majority.
Al-Bukhari narrated: "The people used to ask the Prophet* about the good and I used to ask him about the bad in fear that it might catch me. So I said: O Prophet of Allah! We were in times of ignorance and mischief then Allah brought us this good, so is there any mischief after this good? He* said: Yes. I said: Will there be any good after that mischief? He said: Yes, and it has smoke. I said: What is its smoke? He said: (Some) people guide without any guidance, you recognise some (from them) and deny some. I said: Will there be a mischief after that good? He said: Yes, (some) people who invite at the doors of hell, whoever accepted their invitation they throw him in it (hell). I said: O Prophet of Allah, describe them to us. He said: They are of our own skin (of our people) and talk our language. I said: What do you order me to do if that (matter) caught me? He said: Adhere to the jama'ah of Muslims and their Imam. I said: What if the Muslims have no jama'ah nor an Imam? He said: Then you abandon all those groups, even if you have to grab with your teeth the trunk of a tree till death comes to you as such." What is this hadith asking us to do?”
-  This hadith is clear that the Prophet* orders Muslims to adhere to the group [jama'ah] of Muslims and to adhere to their Imam, and to leave those who invite people to the doors of hell.
-  When the questioner asked him that in case the Muslims have no Imam and no jama'ah what he has to do in regard with those who call at the doors of hell - the Prophet* ordered him to abandon them.
- The Prophet* did not ask him to disconnect himself from the Muslims or to stay away from working to establishing an Imam.

The disease of nationalism
The disease of nationalism has affected us. Why is it people follow only the sighting in their nation? Who has created the borders between these nations? Why is it that in Delhi, people will follow the sighting in any other part of India but not of Pakistan when it is geographically closer than many parts within India itself like Kerala or Tamil Nadu. In Pakistan people will not follow the sighting of Bangladesh but before 1971 when it was East Pakistan they would, why? The Messenger* said: "He is not one of us who calls for nationalism or who fights for nationalism or who dies for nationalism."

That’s why starting Ramadhan and celebrating Eid on one day is an obligation
- If a Muslim country announces that the sighting of a new moon has been confirmed according to the lawful way- for the beginning of Ramadhan or for the day of Eid – then you have to fast or celebrate Eid.
- It is forbidden to wait for a ruler or scholar in your part of the world to give you permission to fast.
Abu Hurayrah: "The Prophet* forbade fasting on two days, the day of al-Adha and the day of al-Fitr".

No Children's feedback or News Topic

No Homework other than preparing well for the Charity Event

Eid Mubarak to all! 

No Study Circle for the next two weeks:

19 August ~ Eid Celebration Weekend
26 August ~ recovering from the Charity Event 25 August