Did The Prophet ﷺ Fast The First Nine Days of Dhū Al-Ḥijjah?

الحمد لله والصلاة والسلام على رسول الله

وعلى آله وصحبه أجمعين ومن تبعهم بإحسان إلى يوم الدين

اللهم اجعلنا منهم

We begin by mentioning the Name of The One True God, Allāh, The Infinitely Caring, Eternally Compassionate. We sincerely praise and thank God to the highest extent, and ask Him to bless, protect, honor, and compliment our Prophet and Messenger Muḥammad, his family, his companions, and those that diligently follow them until the end of times. Dear God, please include us from amongst them.

The Greatness of The First Ten Days of Dhū Al-Ḥijjah

The Messenger of God ﷺ[1] said: “مَا الْعَمَلُ فِي أَيَّامِ الْعَشْرِ أَفْضَلَ مِنَ الْعَمَلِ فِي هَذِهِ - There are no days in which correct, righteous actions are more greater in the sight of God than these ten days (first ten days of Dhū Al-Ḥijjah). The companions asked: “وَلاَ الْجِهَادُ - Not even Jihād in the path of God?” The Messenger of God ﷺ responded: “وَلاَ الْجِهَادُ إِلاَّ رَجُلٌ خَرَجَ يُخَاطِرُ بِنَفْسِهِ وَمَالِهِ فَلَمْ يَرْجِعْ بِشَىْءٍ - Not even Jihād in the path of God, except for someone who goes out with his life and wealth, and returns with neither.”[2]

For more information about The Best 10 Days, see: The Best 10 Days of Dhul-Hijjah: Virtuous Acts, Fasting, and Eid al-Adha - IOK CHESS Journal

Did The Prophet ﷺ Fast The First Nine Days of Dhū Al-Ḥijjah?

There is no doubt that the first ten days of Dhū Al-Ḥijjah are the most blessed of days and righteous actions done therein are extremely beloved to Allāh. Among these righteous actions are:

Learning the Religion

Reciting Qurʾān

Giving Charity

Ṣalawāt - Sending Blessings on The Prophet ﷺ

Extra Prayers

Volunteering

Dhikr - Remembering Allāh

Going to the Masjid

Fasting

Duʿāʾ - Asking Allāh

Tawbah - Repentance

Reflection

 

However, out of this list, one has resulted in some discussion and confusion: fasting. The question arises, did the Prophet ﷺ himself fast the first nine days of Dhū Al-Ḥijjah or not? This question arose because we have two narrations within our ḥadīth corpus that seemingly state two opposing realities. In this article, we will analyze and discuss the different narrations, their authenticity, their explanations, and how to reconcile them, if possible.

Narrations Saying The Prophet ﷺ Did NOT Fast

Our Mother[3], the wife of the Prophet ﷺ, ʿĀʾishah (raḍiya Allāh ʿanhā[4]) said, “مَا رَأَيْتُ رَسُولَ اللَّهِ ﷺ صَائِمًا فِي الْعَشْرِ قَطُّ - I never saw the Prophet ﷺ fasting during the first ten days of Dhū Al-Ḥijjah.”[5] This narration is extremely strong, and the text (not necessarily the conclusion) is accepted by all experts of ḥadīth. After that narration, Al-Imām Muslim (raḥimahu Allāh) brings another narration from ʿĀʾishah (raḍiya Allāh ʿanhā), wherein she said, “أَنَّ النَّبِيَّ ﷺ لَمْ يَصُمِ الْعَشْرَ - The Prophet ﷺ never fasted the first ten days of Dhū Al-Ḥijjah.”[6]

Narrations Saying The Prophet ﷺ DID Fast

The tābiʿī[7], Hunaydah ibn Khālid, narrates from his wife (raḥimahumā Allāh[8]), that one of the wives (raḍiya Allāh ʿanhunn) of the Prophet ﷺ said, “كَانَ رَسُولُ اللهِ ﷺ يَصُومُ تِسْعَ ذِي الْحِجَّةِ وَيَوْمَ عَاشُورَاءَ وَثَلَاثَةَ أَيَّامٍ مِنْ كُلِّ شَهْرٍ - The Messenger of Allāh ﷺ would fast the first nine days of Dhū Al-Ḥijjah, the day of ʿĀshūrāʾ[9], and three days of every month.[10][11]

Many ḥadīth experts throughout the generations have graded this narration with its various versions as “weak” (ḍaʿīf). When comparing the various narrations from Hunaydah about the fasting habits of the Prophet ﷺ, it becomes very clear that there is a lot of mixup and confusion that occurs in the narrations from him. For example, there are a variety of narrations about the fasting of the Prophet ﷺ, in which some narrations mention he heard it from his wife, others mention he heard it from his mother, and others say he heard it directly from Ḥafṣah (raḍiya Allāh ʿanhā) or an unnamed wife of the Prophet ﷺ. Some narrations mention that she (his mother or his wife) then heard it from either an unnamed wife of the Prophet ﷺ, or specifically mention Umm Salamah (raḍiya Allāh ʿanhā) by name, or Ḥafṣah (raḍiya Allāh ʿanhā) by name. This was pointed out early on in Islamic History by one of the greatest scholars of Ḥadīth, the Ḥadīth Expert, Abū Al-Ḥasan Al-Dārquṭnī (raḥimahu Allāh - d. 385 AH) in his work, Al-ʿIlal Al-Wāridah (Narrations with Hidden Defects)[12], as well as others later on like Al-Ḥāfiẓ Zakiyy Al-Dīn Al-Mundhirī (raḥimahu Allāh - d. 656 AH).[13] There are also inconsistencies and gaps in those that narrate from Hunaydah in terms of their strength and accuracy, the women Hunaydah narrates from, the biographical details about the women Hunaydah narrates from, as well as the mixup in which days are to be fasted.[14]

There are a few recent scholars who did deem the narration to be authentic (ṣaḥīḥ), like Al-Imām Al-Ṣanʿānī (raḥimahu Allāh - d. 1182 AH). Al-Ṣanʿānī (raḥimahu Allāh) in his ḥadīth commentary, Al-Tanwīr Sharḥ Jāmiʿ Al-Ṣaghīr, starts by quoting Al-Zaylaʿī (raḥimahu Allāh) saying the ḥadīth of Hunaydah is weak, and mentions Al-Mundhirī (raḥimahu Allāh)’s comment about the mixup in who and how Hunaydah narrates the ḥadīth. But then he says, “None of that is an issue because it is reliable people narrating from reliable people.”[15] Al-Imām Al-Athyūbī [Al-Itiyopī] (raḥimahu Allāh) explicitly grades this narration as authentic (ṣaḥīḥ) in his ḥadīth commentary on Sunan Al-Nasāʾī entitled, Dhakhīrah Al-ʿUqbā fī Sharḥ Al-Mujtabā. He, Al-Athyūbī (raḥimahu Allāh), agrees with the earlier comments about the mixup of narrators, and himself confirms some of the issues Saʿīd ibn Muḥammad Al-Sanārī (raḥimahu Allāh) mentions in Raḥamāt Al-Malaʾ Al-Aʿlā bi Takhrīj Musnad Abī Yaʿlā about how Hunaydah’s mom and wife are unknown (majhūlah) because the scholars who claim that they were companions did not bring any strong proof. But he, Al-Athyūbī (raḥimahu Allāh), concludes by saying the version wherein Hunaydah directly quotes Ḥafṣah (raḍiya Allāh ʿanhā) is actually authentic (ṣaḥīḥ).[16]

Discussed Discrepancies within The Chain/Text Visualized

Hunaydah

Reconciling The Narrations

As a general rule of thumb, ḥadīth experts prefer to do “jamʿ (الجَمْع)” or “reconcile”/“combine” between seemingly opposing/contradicting narrations if possible. If it is not possible, they will employ a number of methods to determine the most correct statement or action that should be attributed to the Prophet ﷺ, which is known as “tarjīḥ (التَرْجِيْح)”. For example, scholars will prefer the narrations that are stronger in terms of the chains of narration, those narrations that took place later in the life of the Prophet ﷺ[17], those narrations that fall more closely in line with the general principles of the Qurʾān and Sunnah, among many other factors/considerations. If one narration is extremely weak, while the other is very strong, ḥadīth experts may often simply prefer the stronger narration, and in some cases provide a caveat that gives some leeway for the weaker narration. For an overview about jamʿ (ḥadīth reconciliation) and tarjīḥ (giving preference to one narration over another), see Al-ʿIrāqī (raḥimahu Allāh - d. 806 AH)’s commentary on the Muqaddimah of Ibn Ṣalāḥ (raḥimahu Allāh - d. 643AH) wherein he lists over 100 methods and angles.[18]

Al-Imām Al-Ṭaḥāwī (raḥimahu Allāh - d. 321 AH)

One of our earliest scholars that specializes in this extremely delicate and precise work of ḥadīth reconciliation is Al-Imām Abū Jaʿfar Aḥmad Al-Ṭaḥāwī (raḥimahu Allāh), the author of the famous and well accepted book of creed, Al-ʿAqīdah Al-Ṭaḥāwiyyah. His legendary work, Sharḥ Mushkil Al-Āthār (Explaining [the reconciliation of] difficult narrations), is a very early work and is excellent. May Allāh reward him immensely.

Within this work, he has a section titled, “باب بيان مشكل ما روي عن رسول الله ﷺ في صيام العشر الأول من ذي الحجة مما يدل على تركه كان إياه وعلى حض منه عليه - The chapter explaining what is difficult/confusing about what has been narrated from the Messenger of God ﷺ about fasting the first ten days of Dhī Al-Ḥijjah in regards to those narrations that say he did not fast them himself, but did encourage others to do so.” He begins by bringing the narration of our mother, the wife of the Prophet ﷺ, ʿĀʾishah (raḍiya Allāh ʿanhā) who said, “ما رأيت رسول الله ﷺ صائما في العشر قط - I never saw the Messenger of God ﷺ fasting in the first ten days of Dhī Al-Ḥijjah.”

After that, Al-Ṭaḥāwī (raḥimahu Allāh) asks, “What if someone were to ask, ‘how can you accept this narration, when you yourself narrate that the Prophet ﷺ mentioned the greatness and virtue of good deeds during this time? Among them are the following narrations,’” then proceeds to mention four different narrations about the virtues and extra reward of good deeds in the first ten days, the first of them being, “ما من عمل أزكى عند الله عز وجل ولا أعظم منزلة من خير عمل في العشر من الأضحى - There are no actions that are more pure and greater than actions done in the first ten days of Dhu Al-Ḥijjah.”

Then he says, “How can it be that the Prophet ﷺ himself mentioned the greatness of good deeds during this time, yet he ﷺ himself did not fast, even though fasting is such a great action already? Our response to this is as follows, may God grant us divine help. It is totally allowed and possible that the Prophet ﷺ did not fast these days, as stated by ʿĀʾishah (raḍiya Allāh ʿanhā). A possible reason being that if he ﷺ were to fast, he might not have had the full level of strength to do other good deeds that might be even greater and weightier than fasting. For example, ṣalāh - the ritual prayer, is greater than fasting, and [continuous] dhikr Allāh - remembrance and mention of Allāh, and [continuous] recitation of Qurʾān. This concept [of preferring not to fast so that one is able to do other good deeds with more energy] has been narrated about ʿAbd Allāh ibn Masʿūd (raḍiya Allāh ʿanh). ʿAbd Al-Raḥman ibn Yazīd (raḥimahu Allāh) said that ʿAbd Allāh ibn Masʿūd would not fast too often. If he completed three fasts in a month, he would say, ‘When I fast, I am too weak to pray [a lot] and prayer is more beloved to me than fasting.’ — So, [it is possible that] the narration we have mentioned from ʿĀʾishah (raḍiya Allāh ʿanhā) about the Prophet ﷺ not fasting could be explained by us understanding that the Prophet ﷺ would be busy in those ten days with actions that are greater than fasting, even though fasting has a lot of greatness and virtue that we have already mentioned. However, none of this should stop someone from fasting during the ten days, especially someone who is able to fast and do other good deeds that will bring him/her closer to Allāh at the same time.[19]

What an excellent conclusion, may Allāh reward him!

Something very interesting to note is that, in this entire discussion, Al-Imām Al-Ṭaḥāwī (raḥimahu Allāh) did NOT mention the narration of Hunaydah, which says the Prophet ﷺ WOULD fast the first nine days. Of course, Al-Imām Al-Ṭaḥāwī (raḥimahu Allāh) is aware of that narration, because he mentions it in his other work, Sharḥ Maʿānī Al-Āthār, when discussing the fast of ʿĀshūrāʾ. There, he mentions his chain up to Hunaydah, from his wife, from one of the wives of the Prophet ﷺ (raḍiya Allāh ʿanhunn) that the Prophet ﷺ would fast the first nine days of Dhū Al-Ḥijjah, ʿĀshūrāʾ, and three days from every month.[20] However, he uses that narration once out of forty five narrations on the topic of ʿĀshūrāʾ, which means it is not his primary evidence. Also, I was not able to find any other reference to the narration of Hunaydah about fasting the first nine days - other than the one just mentioned - in the rest of both Sharḥ Maʿānī Al-Āthār and Sharḥ Mushkil Al-Āthār.

Al-Imām Al-Bayhaqī (raḥimahu Allāh - d. 458 AH)

Al-Imām Abū Bakr Al-Bayhaqī (raḥimahu Allāh), in his legendary work, Al-Sunan Al-Kubrā, brings a short subsection within the Chapter of Fasting entitled, “بابُ العَمَلِ الصّالِحِ في العَشرِ مِن ذِى الحِجَّةِ - Doing Good Deeds in The First Ten Days of Dhū Al-Ḥijjah.” In this chapter, he brings three narrations.

  1. The first narration is the ḥadīth of ʿAbd Allāh ibn ʿAbbās (raḍiya Allāh ʿanhumā) in Ṣaḥīḥ Al-Bukhārī (with his own chain), that the Prophet ﷺ said, “ما العَمَلُ في أيّامٍ أفضَلَ مِنه في عَشرِ ذِى الحِجَّةِ - There are no days in which correct, righteous actions are more greater in the sight of God than these ten days (first ten days of Dhū Al-Ḥijjah).”
  2. The second narration is the ḥadīth of Hunaydah in Sunan Abī Dāwūd (with his own chain), that, “كان رسولُ اللهِ ﷺ يَصومُ تِسعَ ذِى الحِجَّةِ - The Prophet ﷺ would fast the first nine days of Dhū Al-Ḥijjah.”
  3. The third and final narration is the ḥadīth of ʿĀʾishah (raḍiya Allāh ʿanhā) in Ṣaḥīḥ Muslim (with his own chain) wherein she said, “ما رأيتُ رسولَ اللهِ ﷺ صائمًا في العَشرِ قَطُّ - I never saw the Prophet ﷺ fasting during the first ten days of Dhū Al-Ḥijjah.” After that, Al-Bayhaqī (raḥimahu Allāh) says, “والمُثبِتُ أولَى مِنَ النّافِى مَعَ ما مَضَى مِن حَديثِ ابنِ عباسٍ - The narration of Hunaydah that affirms that the Prophet ﷺ did indeed fast is to be given priority over the narration of ʿĀʾishah (raḍiya Allāh ʿanhā) that negates his fasting ﷺ. That is because of the [encouragement and virtues mentioned in the] ḥadīth of Ibn ʿAbbas (i.e., the first narration).”[21]

That is the extent of Al-Bayhaqī (raḥimahu Allāh)’s discussion, and he does not mention any issues with the narration of Hunaydah.

Al-Imām Al-Nawawī (raḥimahu Allāh - d. 676 AH)

Al-Imām Abū Zakariyyā Muḥy Al-Dīn Al-Nawawī (raḥimahu Allāh) in his ḥadīth commentary on Ṣaḥīḥ Muslim says in regards to the ḥadīth of ʿĀʾishah (raḍiya Allāh ʿanhā), “The scholars have said this narration has been used to give the false impression that fasting the first nine days of Dhū Al-Ḥijjah is disliked. However, fasting these days is not disliked. Rather, it is highly recommended, especially the 9th, which is ʿArafah. We have already covered the aḥādīth about the virtues of these ten days, like the narration of Ṣaḥīḥ Al-Bukhārī, ‘There are no days in which correct, righteous actions are more greater in the sight of God than these ten days.’ As for her statement, ‘لَمْ يَصُمِ الْعَشْرَ - He ﷺ did not fast the nine days,’ we understand that, either, the Prophet ﷺ did not fast due to some reason like travel, or, ʿĀʾishah (raḍiya Allāh ʿanhā) just did not see him ﷺ fasting. The latter is supported by the narration in Sunan Abī Dāwūd that Hundaydah narrated from his wife that one of the wives of the Prophet ﷺ (raḍiya Allāh ʿanhā) said, ‘كَانَ رَسُولُ اللَّهِ ﷺ يَصُومُ تِسْعَ ذِي الْحِجَّةِ - The Messenger of Allāh ﷺ would fast the first nine days of Dhū Al-Ḥijjah.’”[22]

In Al-Majmūʿ, his jurisprudential work on Shāfiʿī Fiqh, Al-Nawawī (raḥimahu Allāh) adds a little more detail. While dicussing the fasting habits of the Prophet ﷺ, Al-Nawawī (raḥimahu Allāh) mentions how the Prophet ﷺ would fast the months of Shaʿbān (8th hijrī month) and Al-Muḥarram (1st hijrī month). He then discusses the ḥadīth of Ibn ʿAbbās (raḍiya Allāh ʿanhumā) in Ṣaḥīḥ Al-Bukhārī about the virtues of the first ten days of Dhū Al-Ḥijjah, the ḥadīth of Hunaydah that the Prophet ﷺ would fast the first nine days of Dhū Al-Ḥijjah, and the ḥadīth of ʿĀʾishah (raḍiya Allāh ʿanhā) in Ṣaḥīḥ Muslim that she did not see the Prophet ﷺ fasting the first nine days of Dhū Al-Ḥijjah. After which Al-Nawawī (raḥimahu Allāh) says, “The fact that ʿĀʾishah (raḍiya Allāh ʿanhā) did not see the Prophet ﷺ fasting the first nine days does not mean he ﷺ did not fast any of the nine days. That is because the Prophet ﷺ would only spend the day/night with her once every nine days due to him rotating between the rest of his wives.[23] It is also possible that the Prophet ﷺ would fast some or most of the nine days some years, would fast all nine days other years, and would not fast any of the nine days some years due to external factors like travel or sickness.”[24]

That is the extent of Al-Nawawī (raḥimahu Allāh)’s discussion that is relevant, and he does not mention any issues with the narration of Hunaydah.

Al-Imām Al-Zaylaʿī (raḥimahu Allāh - d. 762 AH)

Al-Imām Jamāl Al-Dīn ʿAbd Allāh Al-Zaylaʿī (raḥimahu Allāh) mentions the following in his work, Naṣb Al-Rāyah when discussing the importance of ṣalāh, and by extension, fasting, and how they are “Al-ʿAmal Al-Ṣāliḥ - good deeds”.

We can understand good deeds (Al-ʿAmal Al-Ṣāliḥ) to be limited to fasting and prayer. We can use the narration of Al-Tirmidhī (raḥimahu Allāh - d. 279 AH) and Ibn Mājah (raḥimahu Allāh - d. 273 AH) that the Prophet ﷺ said, “There are no days in which Allāh loves to be worshiped in more than these ten days. Fasting one of these ten days equals the reward of fasting a year.” Al-Tirmidhī (raḥimahu Allāh) said this is a one off narration.

However, this does not contradict the narration of ʿĀʾishah (raḍiya Allāh ʿanhā) wherein she said, “I never saw the Prophet ﷺ fasting during the first ten days.” Some ḥadīth experts explained this by saying that it is possible that ʿĀʾishah (raḍiya Allāh ʿanhā) herself did not know or see him ﷺ fasting. That is because he ﷺ had multiple wives, and it could be possible that he fasting never coincided with the day/night he ﷺ spent with her.

It has also been said that if the narrations (of fasting and not fasting) are equal in strength, then we take the narration of Hunaydah narrated by Abū Dāwūd (raḥimahu Allāh - d. 275 AH) and Al-Nasāʾī (raḥimahu Allāh - d. 303 AH) wherein he narrates from his wife from one of the wives of the Prophet ﷺ, who said “The Prophet ﷺ fasted the first nine days of Dhū Al-Ḥijjah.” However, this narration is weak. Al-Mundhirī (raḥimahu Allāh) said, “There are issues with this narration. There is the version just mentioned, then another from Hunaydah from Ḥafṣah (raḍiya Allāh ʿanhā), and another from Hunaydah from his mother from Umm Salamah (raḍiya Allāh ʿanhā).”[25]

Al-Imām Al-Zarkashī (raḥimahu Allāh - d. 794 AH)

Al-Imām Badr Al-Dīn Muḥammad Al-Zarkashī (raḥimahu Allāh) has a famous work entitled, “الإجابة لإيراد ما استدركته عائشة على الصحابة - A Response Citing What ʿĀʾishah Corrected About the Companions.” In it, he discusses ʿĀʾishah (raḍiya Allāh ʿanhā)’s comments and corrections regarding the statements or actions of other Companions. He brings forth the narrations mentioned at the start of the article, showing that this could definitely be an example of ʿĀʾishah (raḍiya Allāh ʿanhā) correcting some accidental misinformation attributed to the Prophet ﷺ.

Al-Zarkashī (raḥimahu Allāh) starts by bringing the narrations of Abū Dāwūd (raḥimahu Allāh) and Al-Nasāʾī (raḥimahu Allāh), wherein Hundaydah narrated from his wife, from one of the wives of the Prophet (raḍiya Allāh ʿanhā), who said, “The Prophet ﷺ used to fast the ninth of Dhū Al-Ḥijjah, the day of Āshūrā, three days of every month, the first Monday of the month, and Thursdays.” However, there is some disagreement and mixup regarding the narration due to Hunaydah, because this same ḥadīth has a version wherein Hundayah quotes directly from Ḥafṣah (raḍiya Allāh ʿanhā), and yet another version wherein Hunaydah quotes his wife from Umm Salamah (raḍiya Allāh ʿanhā).

On the other hand, Al-Imām Muslim (raḥimahu Allāh) and the remaining Four Ḥadīth Imāms (raḥimahum Allāh)[26] narrated from Al-Aswad (raḥimahu Allāh) that ʿĀʾishah (raḍiya Allāh ʿanhā) said, “I never saw the Messenger of Allah ﷺ fasting the ten days of Dhū Al-Ḥijjah at all.” Another version from Sālim from ʿĀʾishah (raḍiya Allāh ʿanhā) reads, “The Messenger of Allah ﷺ was never seen fasting the ten days.”

Some ḥadīth experts (ḥuffāẓ) have said that it is possible that ʿĀʾishah (raḍiya Allāh ʿanhā) was not aware that the Prophet ﷺ used to fast those days. That is because he ﷺ would rotate days and nights between his multiple wives, and his fasting did not coincide with her day/night. Lastly, Al-Zarkashī (raḥimahu Allāh) ends by saying that, in general, it is better to prefer narrations that affirm actions, instead of those narrations that negate actions.[27] And thus, if, the narration of Hunaydah and ʿĀʾishah (raḍiya Allāh ʿanhā) were equal in strength, then Hunaydah’s affirming narration would be given preference. However, Hunaydah’s narration is definitely not as strong as the narration of ʿĀʾishah (raḍiya Allāh ʿanhā).[28]

Al-Mullā ʿAlī Al-Qārī (raḥimahu Allāh - d. 1014 AH)

Al-Imām Al-Mullā ʿAlī Al-Qārī (raḥimahu Allāh), in his amazing ḥadīth commentary, Mirqāh Al-Mafātīḥ, mentions the ḥadīth of ʿĀʾishah (raḍiya Allāh ʿanhā), and asks how it is possible for the Prophet ﷺ to not be fasting, when fasting those nine days is an established Sunnah from the other narrations that mention the virtue of doing good in the first ten days. He maintains that it still remains Sunnah, and its “sunnah-ness” is not negated due to the narrations about the virtues, and also because affirming narrations are to be given preference over negating narrations in these situations.

He then mentions an interesting point that it does not make sense to say that ʿĀʾishah (raḍiya Allāh ʿanhā) did not know that the Prophet ﷺ would fast during those nine days because his fasting did not coincide with her days. That is because she would absolutely have a day/night with the Prophet ﷺ within those nine days.[29] He then mentions a number of other reasons as to how and/or why ʿĀʾishah (raḍiya Allāh ʿanhā) would not have known. Among them are: perhaps the Prophet ﷺ preferred not to fast a few days, and she was with him those days. Or he ﷺ was doing the fasting of Dāwūd ﷺ (which is to fast every other day). Or maybe he ﷺ would fast some years and not others.[30]

Al-Imām Al-Athyūbī [Al-Itiyopī] (raḥimahu Allāh - d. 1442 AH/2020 CE)

Al-Imām Muḥammad ibn ʿAlī ibn Ādam Al-Athyūbī (raḥimahu Allāh) in his ḥadīth commentary on Ṣaḥīḥ Muslim, Al-Baḥr Al-Muḥīṭ Al-Thajjāj, brings the ḥadīth of ʿĀʾishah (raḍiya Allāh ʿanhā) and quotes Al-Imām Al-Nawawī (raḥimahu Allāh), “The scholars have said this narration is used to give the false impression that fasting the first nine days of Dhū Al-Ḥijjah is disliked. [...] However, fasting these days is not disliked. Rather, it is highly recommended, especially the 9th, which is ʿArafah.”

In summary, Al-Athyūbī (raḥimahu Allāh) mentions a number of reasons why fasting the first nine days is still highly recommended, and how to reconcile it with the narration of ʿĀʾishah (raḍiya Allāh ʿanhā):

  1. The 9th day of Dhū Al-Ḥijjah, ʿArafah, is an extremely virtuous day to fast, which is included in the first nine days. The Prophet ﷺ said, “يُكَفِّرُ السَّنَةَ الْمَاضِيَةَ وَالْبَاقِيَةَ - It wipes away the sins of the past year and the coming year.”[31]
  2. The ḥadīth of Hunaydah that affirms that the Prophet ﷺ fasted is authentic (ṣaḥīḥ). One version states that the Prophet ﷺ would fast those nine days, and another version says that he ﷺ would never skip fasting those days.
  3. The narration of Ṣaḥīḥ Al-Bukhārī that affirms the greatness of good deeds in the first nine days of Dhū Al-Ḥijjah.
  4. Perhaps the Prophet ﷺ did not fast some days because he was sick, and those days overlapped with the day(s) of ʿĀʾishah (raḍiya Allāh ʿanhā).
  5. Perhaps the Prophet ﷺ did not fast some days because he was traveling, and those days overlapped with the day(s) of ʿĀʾishah (raḍiya Allāh ʿanhā).[32]

Author’s Clarification: Could ʿĀʾishah (raḍiya Allāh ʿanhā) have not known that the Prophet ﷺ fasted?

Al-Mullā ʿAlī Al-Qārī (raḥimahu Allāh - d. 1014 AH) mentioned an interesting point that many scholars assume to be true: ʿĀʾishah (raḍiya Allāh ʿanhā) was unaware of the fasting of the Prophet ﷺ because his fasting never coincided with her day.[33] Al-Mullā ʿAlī Al-Qārī rightly found this claim to be incorrect, since she most definitely would have a day/night with the Prophet ﷺ at least once every 9 days as the absolute bare minimum.

That is because, even if we were to look at these nine days within a vacuum, and look at only one year of his life ﷺ wherein he had nine wives, and each of those nine wives had their own day/night — i.e., after the Prophet ﷺ married Maymūnah (raḍiya Allāh ʿanhā) and before Sawdah (raḍiya Allāh ʿanhā) gifted her day/night to ʿĀʾishah (raḍiya Allāh ʿanhā) — then ʿĀʾishah (raḍiya Allāh ʿanhā) would still get one day/night out of every nine days. Thus, it is not possible for her to be unaware of the fasting of the Prophet ﷺ for years, not just one year.

Let us take an educated guess that the practices of Dhū Al-Ḥijjah were first taught in the 2nd Year AH[34].[35] Now, let us say he ﷺ did not fast in 2 AH because he ﷺ instituted ʿĪd Al-Aḍḥā and focused on the rules pertaining to ʿĪd, and he ﷺ did not fast in 5 AH because he ﷺ was returning from Banū Qurayẓah,[36] and he ﷺ did not fast in 6 AH because he ﷺ was returning from Ḥudaybiyah,[37] and he ﷺ did not fast in 7 AH because he ﷺ was returning from ʿUmrah Al-Qaḍāʾ,[38] and he ﷺ did not fast in 10 AH because he ﷺ was performing Ḥajj.[39] Also, and he ﷺ might have spent a lot of time in the house of Māriyah Al-Qibṭiyyah (raḍiya Allāh ʿanhā)[40] in 8 AH because his son Ibrāhīm was just born.[41] That leaves us with around 4 years of the Prophet ﷺ being a resident in Al-Madīnah. Even if ʿĀʾishah (raḍiya Allāh ʿanhā)’s day and night with the Prophet ﷺ was once every 4 days (which is not the case, since she would have had the Prophet ﷺ once every 7-9 nights in the later years), that leaves us with 4 years, each with at least one or two days/nights with the Prophet ﷺ and at most 2-3 days/nights, giving us a total of 4-12 days over the span of 8 years wherein the virtues of the first 10 days were known. It seems reasonable that out of a potential 36 days of fasting (4 years as a resident x 9 days of fasting), the Prophet ﷺ may have not fasted a handful of those days due to illness, preferring other acts of worship, or showing the recommended - not necessary - nature of these fasts. The above details are summarized into chart below:

Era/Year

Reason

Fasting?[42]

Makkan Era (13 Years)

Virtues of First 10 Days & ʿĪd Al-Aḍḥā Not Instituted

No

Year 1 After Hijrah

Virtues of First 10 Days & ʿĪd Al-Aḍḥā Not Instituted

No

Year 2 After Hijrah

ʿĪd Al-Aḍḥā Just Instituted But Not Virtues of First 10 Days

No

Year 3 After Hijrah

Virtues of First 10 Days Just Instituted

Possibly Yes

Year 4 After Hijrah

Virtues of First 10 Days Already Instituted

Possibly Yes[43]

Year 5 After Hijrah

Ending Dispute with Banū Qurayẓah

Probably Not

Year 6 After Hijrah

Returning from Ḥudaybiyah ➝ Traveling & Not Home

Probably Not

Year 7 After Hijrah

Returning from ʿUmrah Al-Qaḍāʾ ➝ Traveling & Not Home

Probably Not

Year 8 After Hijrah

Frequently Visiting New Born Son, Ibrāhīm

Possibly Yes

Year 9 After Hijrah

Virtues of First 10 Days Already Instituted

Possibly Yes

Year 10 After Hijrah

Performing Ḥajj ➝ Traveling & Not Home

No

When we view it like this however, it does seem possible that she might not have seen the Prophet ﷺ fast because he ﷺ might not have actually fasted those very days. Maybe the Prophet ﷺ wanted to prioritize other acts of worship like Al-Ṭaḥāwī (raḥimahu Allāh) mentioned, was not feeling well or went on a short trip like Al-Nawawī (raḥimahu Allāh) and Al-Athyūbī (raḥimahu Allāh) mentioned, or was recuperating from battles that took place in Dhū Al-Qaʿdah.

So yes, it seems doubtful that she would not know that the Prophet ﷺ did not fast. But it also very probable that the Prophet ﷺ may have actually not fasted those 1 to 2 days that overlapped with ʿĀʾishah (raḍiya Allāh ʿanhā) over the span of 7-9 years. This is roughly in line with what we quoted earlier from Al-Imām Al-Nawaī (raḥimahu Allāh) in his Al-Majmūʿ. Allāh Knows Best.

Conclusion

Should One Fast During The First Nine Days of Dhū Al-Ḥijjah? Yes.

After this entire discussion, one thing is very clear: doing good deeds, like fasting, is highly encouraged during the first nine days of Dhū Al-Ḥijjah. Our scholars, even our ḥadīth experts, do not use the narration of our mother ʿĀʾishah (raḍiya Allāh ʿanhā) to claim that it is disliked (makrūh) to fast during the first nine days. Rather, they still hold fasting some of or all of the first nine days of Dhū Al-Ḥijjah as prophetic guidance (Sunnah) and thus, it remains a highly recommended act. This is across the board, from those scholars who do give weight to the ḥadīth of Hunaydah, and even those ḥadīth experts who give little to no weight to that narration.

Did The Prophet ﷺ Himself Fast The First Nine Days of Dhū Al-Ḥijjah? Probably.

Our discussion above simply boiled down to academic discussions that are more related to Sīrah (Prophetic Biography), Al-Taṣḥīḥ wa Al-Taḍʿīf (Ḥadīth Grading), and Jamʿ (Reconsiliation), and less of a discussion of the Sunniyyah (Sunnah-ness) of fasting the nine days (since that is widely accepted as a Sunnah). As a result, we can comfortably say:

  1. The Prophet ﷺ undoubtedly encouraged us to do as much good as we can during the first ten days of Dhū Al-Ḥijjah.
  2. The Prophet ﷺ did not fast all of the first nine days of Dhū Al-Ḥijjah every single year.
  3. Perhaps the Prophet ﷺ did fast some or even most of the first nine days of Dhū Al-Ḥijjah most years.
  4. Perhaps the days the Prophet ﷺ did not fast were the days he spent with our mother, ʿĀʾishah (raḍiya Allāh ʿanhā).
  5. Perhaps the days the Prophet ﷺ did not fast were the days in which he ﷺ was prioritizing other acts of worship, or he ﷺ was traveling, or he ﷺ was ill.

Allāh Knows Best.

May Allāh allow us to see many more moons of Dhū Al-Ḥijjah, and to fill those days with endless beautifully sincere deeds that are accepted by Allāh. May Allāh give us a deep understanding, attachment, and love of the Prophet ﷺ, his teachings, his life, his family, and his companions. Āmīn (Dear God, respond to this prayer!)

اللهم فهمنا

ربنا زدنا علما

اللهم فقهنا في الدين وعلمنا التأويل

ربنا آتنا من لدنك رحمة وهيئ لنا من أمرنا رشدا

ربنا لا تزغ قلوبنا بعد إذ هديتنا وهب لنا من لدنك رحمة

اللهم معلم آدم وإبراهيم ومحمد علمنا مما علمتهم

اللهم ارزقنا علما نافعا وحكمة بالغة

اللهم افتح علينا فتوح العارفين

يا فتاح يا عليم

اللهم صل وسلم على نبيك المصطفى الكريم

وعلى آله وصحبه أجمعين ومن تبعهم بإحسان إلى يوم الدين

اللهم اجعلنا ممن تبعهم بإحسان

Acknowledgements

I hope and pray that my parents, teachers, spouse, and children are always rewarded for all the good Allāh facilitates for me to do through their prayers, instruction, support, and mentorship. But for this article, credit for the idea goes to my brother-in-law, Dr. Ahmad Syed Hussain (may Allāh bless him and our entire family), who asked me about this while we were at a family ifṭār during the first nine days of Dhū Al-Ḥijjah 1446/2025.

Credits to Editors

May Allāh ﷻ reward those who helped write and edit this, including, but not limited to, Shaykha Ayesha Syed Hussain, Shifa Haquani, and Emaan Sania Ahmed.

Footnotes

  1. Unicode for ṣallā Allāhu ʿalayhi wa sallāma, meaning: may Allāh (God) bless, honor, and preserve the legacy of Prophet Muḥammad (or whoever is mentioned)

  2. Al-Bukhārī, Ṣaḥīḥ: Kitāb al-ʿĪdayn Bāb Faḍl al-ʿAmal fī Ayām al-Tashrīq #969. Similar wordings found in: Al-Tirmidhī, Jāmiʿ: Kitāb al-Ṣawm ʿan Rasūl Allāh ﷺ Bāb Mā Jāʾ fi al-ʿAmal fī Ayām al-Tashrīq #757, Abū Dāwūd, Sunan: Kitāb al-Ṣawm Bāb fī Ṣawm al-ʿAshr #2438, Ibn Mājah, Sunan: Kitāb al-Ṣiyām

  3. The wives of the Prophet ﷺ are given the noble rank and title of being the, “mothers of the believers”. Allāh ﷻ says, “أَزْوَاجُهُ أُمَّهَاتُهُمْ - His (The Prophet Muḥammad ﷺ’s) wives are their (the believers’) mothers.” Al-Qurʾān 33:6

  4. A prayer typically used for the companions (ṣaḥābah) of the Prophet ﷺ meaning “May God be pleased with them.”

  5. Muslim, Ṣaḥīḥ #1176a. Al-Tirmidhī, Jāmiʿ: Kitāb Al-Ṣawm B. Mā Jāʾ fī Ṣiyām Al-ʿAshr #756. There are other wordings, but Al-Tirmidhī explains that this wording (quoted above) is the more correct and more authentic:

    قَالَ أَبُو عِيسَى هَكَذَا رَوَى غَيْرُ وَاحِدٍ عَنِ الأَعْمَشِ عَنْ إِبْرَاهِيمَ عَنِ الأَسْوَدِ عَنْ عَائِشَةَ.‏ وَرَوَى الثَّوْرِيُّ وَغَيْرُهُ هَذَا الْحَدِيثَ عَنْ مَنْصُورٍ عَنْ إِبْرَاهِيمَ أَنَّ النَّبِيَّ ﷺ لَمْ يُرَ صَائِمًا فِي الْعَشْرِ‏.‏ وَرَوَى أَبُو الأَحْوَصِ عَنْ مَنْصُورٍ عَنْ إِبْرَاهِيمَ عَنْ عَائِشَةَ‏.‏ وَلَمْ يَذْكُرْ فِيهِ عَنِ الأَسْوَدِ‏.‏ وَقَدِ اخْتَلَفُوا عَلَى مَنْصُورٍ فِي هَذَا الْحَدِيثِ وَرِوَايَةُ الأَعْمَشِ أَصَحُّ وَأَوْصَلُ إِسْنَادًا.‏ قَالَ وَسَمِعْتُ أَبَا بَكْرٍ مُحَمَّدُ بْنُ أَبَانَ يَقُولُ سَمِعْتُ وَكِيعًا يَقُولُ الأَعْمَشُ أَحْفَظُ لإِسْنَادِ إِبْرَاهِيمَ مِنْ مَنْصُورٍ.

  6. Muslim, Ṣaḥīḥ #1176b

  7. Someone who interacted with the companions (ṣaḥābah) of the Prophet ﷺ

  8. May God be kind to both of them

  9. The 10th day of the first lunar/hijrī month of Muḥarram. ʿĀshūrāʾ literally means “the 10th”. For more information, see: https://iokchess.com/journal/seminary/fasting-on-ashura/

  10. Many versions add on “three days of every month: Mondays and Thursdays” with different renderings for how many and which Mondays and Thursdays. For example, “the first Monday and the first Thursday,” “the first Monday and two Thursdays,” or “Thursday and the first two Mondays.” For more details, see Al-Sahāranpūrī, Badhl Al-Majhūd: Awwal Kitāb Al-Ṣawm B. Fī Ṣawm Al-ʿAshr v. 8 p. 652

  11. Aḥmad, Musnad #223344, 26468, 27376. Similar wordings found in: Abū Dāwūd, Sunan: K. Al-Ṣawm B. Fī Ṣawm Al-ʿAshr #2437, Al-Nasāʾī, Sunan #2372, 2417, Al-Ṭaḥāwī, Sharḥ Maʿānī Al-Āthār K. Al-Ṣawm B. Ṣawm Yawm ʿĀshūrāʾ #3291, Al-Bayhaqī, Al-Sunan Al-Kubrā K. Ṣawm B. Al-ʿAmal Al-Ṣāliḥ fī Al-ʿAshr min Dhī Al-Ḥijjah #8393

  12. Al-Dārquṭnī, Al-ʿIlal Al-Wāridah v. 15 p. 199 - “وسئل عن حديث هنيدة بن خالد الخزاعي عن حفصة قالت: أربع لم يدعهن النبي ﷺ: صيام عاشوراء والعشر وثلاثة أيام من كل شهر والركعتين قبل الغداة. فقال: يرويه الحر بن الصياح عن هنيدة بن خالد الخزاعي عن حفصة؛ وخالفه الحسن بن عبيد الله واختلف عنه؛ فرواه عبد الرحيم بن سليمان عن الحسن بن عبيد الله عن أمه عن أم سلمة. ورواه أبو عوانة عن الحر بن الصياح عن هنيدة عن امرأته عن بعض أزواج النبي ﷺ ولم يسمها.”

  13. Al-Mundhirī, Mukhtaṣar Sunan Abī Dāwūd K. Al-Ṣawm B. Fī Ṣawm Al-ʿAshr #2437 v. 2 p. 125 - “واختلف على هنيدة بن خالد في إسناده فروى عنه كما أوردناه وروي عنه عن حفصة زوج النبي ﷺ وروي عنه عن أمه عن أم سلمة زوج النبي ﷺ مختصرا”. Many giants after Al-Mundhirī agree with his conclusion like Al-Zaylaʿī in Naṣb Al-Rāyah v. 2 p. 157 who says this narration is weak.

  14. Saʿīd ibn Muḥammad Al-Sanārī, Raḥamāt Al-Malaʾ Al-Aʿlā bi Takhrīj Musnad Abī Yaʿlā v. 9 p. 317-321

    منكر: أخرجه أبو داود [٢٤٥٢]، والنسائى [٢٤١٩]، وأحمد [٦/ ٢٨٩، ٣١٠]، والبيهقى في «الشعب» [٣/ رقم ٣٨٥٤]، والطبرى في «تهذيب الآثار» [٢/ ٨٥٩/ مسند عمر]، والبيهقى في «سننه» [٨٢٣٠]، وفى «فضائل الأوقات» [رقم ٢٩٩]، وغيرهم من طرق عن محمد بن فضيل عن الحسن بن عبيد الله بن عروة النخعى عن هنيدة بن خالد الخزاعى عن أمه عن أم سلمة به نحوه ... ولفظ أبى داود في آخره - ومن طريقه البيهقى في الشعب - (ثلاثة أيام من كل شهر أولها الإثنين والخميس) وعند النسائي: (ثلاثة أيام: أول خميس والإثنين والإنثنين) وعند الطبرى والبيهقى في «سننه» و«فضائل الأوقات»: (ثلاثة أيام من الشهر: الإثنين والخميس والخميس) وعند أحمد: (ثلاثة أيام من كل شهر: أولها: الإثنين والجمعة والخميس) وستأتى رواية للمؤلف [برقم ٦٩٨٢]، نحو لفظ النسائي الماضى آنفا.

    قلت: هذا إسناد ضعيف ومتن منكر، فيه ثلاث علل على التوالى:

    الأولى: أم هنيدة بن خالد: زعم الحافظ في «التقريب» أنها صحابية، ولم يسبق إلى هذه الدعوى أصلا، كأنه فهم ذلك من كونها كانت تحت عمر بن الخطاب كما ذكره ابن حبان في ترجمة ابنها هنيدة من «الثقات» [٥/ ٥١٥]، وليس ذلك بلازم؛ ولعله فهم ذلك من كون هنيدة معدودا من الصحابة عند بعضهم؛ فيبعد أن تدركه الصحبة دون أمه وهى أكبر منه، لكن هذا مدفوع بكون هنيدة غير متفق على صحبته بين القوم، بل حكى أبو نعيم الاختلاف فيها، كما نقله عنه الحافظ في «الإصابة» [٦/ ٥٥٩]، ولم يثبتها له أحد من المتقدمين سوى ابن حبان وحده مع اختلاف في قوله في هذا، فتارة قال: «له صحبة» وتارة ذكره في ثقات التابعين، وليس فيما رواه من أخبار: ما يدل على صحبته.

    والأقرب أنه لا صحبة له، وبهذا جزم العلائى في جامع التحصيل [ص ٢٩٥]، لكن روى عنه جماعة من الثقات الكبار، فمثله صالح الحديث إن شاء الله؛ وقد مضى أن ابن حبان قد ذكره في «الثقات» أيضا؛ وبهذا: تضعف مظنة أن تكون لأمه صحبة، ويؤيد عدم صحبتها: أن أحدا ممن ألف في (الصحابة) لم يذكرها أصلا.

    • فالحاصل: أنها امرأة مجهولة الحال، وهذه هي العلة الأولى.

    والثانية: الحسن بن عبيد الله النخعى: وإن كان قد أخرج له الجماعة إلا البخارى؛ ووثقه طائفة من النقاد؛ لكن نقل الحافظ في «التهذيب» عن البخارى أنه قال: «لم أخرج حديث الحسن بن عبيد الله؛ لأن عامة حديثه مضطرب».

    قلت: وقد اختلف عليه في سند الحديث كما يأتى؛ وكذا في ضبط متنه أيضا، ولم يتابع على ذكر الأمر بصيام ثلاثة أيام من كل شهر، بل الأمر فيها: منكر جدا، وقد خولف في متنه كما يأتى.

    والثالثة: قد اختلف في سنده على الحسن النخعى، فرواه عنه محمد بن فضيل على اللون الماضى؛ وخالفه عبد الرحيم بن سليمان الكنانى الثقة الحافظ، فرواه عن الحسن فقال: عن الحر بن الصباح عن هنيدة الخزاعى عن امرأته عن أم سلمة مرفوعا: (ضمن كل شهر ثلاثة أيام، أو من الشهر: الإثنين، والخميس، والخميس الذي يليه)، فزاد فيه واسطة بين الحسن وهنيدة، وأسقط منه قوله: (عن أمه) وأبدله بقوله: (عن امرأته). هكذا أخرجه الطبراني في «الكبير» [٢٣/ رقم ٣٩٧]- واللفظ له - ومن طريقه ابن الشجرى في «الأمالى» [٢/ ٩٠/ طبعة عالم الكتب]، المؤلف [برقم ٦٨٩٨]، من طريق ابن أبى شيبة عن عبد الرحيم به.

    قلت: وهذا الاختلاف عندى من الحسن النخعى، وقد مضى أن البخارى أعرض عنه؛ لكون عامة حديثه كان مضطربا، وهذا الحديث منها؛ وأراه لم يسمعه من هنيدة بن خالد في الرواية الأولى، إنما سمعه منه بواسطة الحر بن الصباح كما في هذه الرواية؛ فلعله سمعه منه قديما؛ ثم نسى بعد ذلك وظن أنه سمعه من هنيدة نفسه، فصار يرويه عنه بلا واسطة، ولا يلزم من هذا أن يكون مدلسا، ولو صح أن يكون قد سمعه بعد ذلك من هنيدة نفسه؛ لما صح نفى الاضطراب عنه فيما يتعلق بشيخ هنيدة، فإنه جعله في الرواية الأولى: (أمه) ثم جاء في تلك الرواية وقال: (عن هنيدة عن امرأته) وهذا دليل عدم ضبطه لسند الحديث كما لم يضبط متنه، وامرأة هنيدة هذه: امرأة نكرة لا تعرف، وزعم الحافظ في «التقريب» أن لها صحبة، ولم يسبق إلى تلك الدعوى أصلا، كأن مستنده: أنه كما أن لزوجها هنيدة صحبة؛ فاحتمال أن تكون الصحبة لامرأته غير بعيدة، ويعكر عليه، أن في الصحابة خلقا قد نكحوا من التابعيات ما شاء الله؛ هذا كله على التسليم بصحبة هنيدة؛ فكيف وقد مضى أن الأقرب أنه تابعى صالح الحديث؟! وما علمت أن امرأة هنيدة: قد ترجم لها أحد ممن ألفوا في (الصحابة)، وهذا يؤيد عدم صجبتها أيضا؛ فضلا عن كونها ليس لها رواية ترويها عن النبي ﷺ دون واسطة بينها وبينه.

    وقد روى هذا غير واحد هذا الحديث عن الحر بن الصباح - وهو ثقة صدوق - عن هنيدة؛ إلا أنه اختلف عليه في سنده هو الآخر، فرواه عنه الحسن بن عبيد الله النخعى من رواية عبد الرحيم بن سليمان عنه عن الحر عن هنيدة عن امرأته عن أم سلمة به ...

    وخالفه أبو عوانة في سنده ومتنه، فرواه عن الحر عن هنيدة عن امرأته فقال: عن بعض أزواج النبي ﷺ قالت: (كان رسول الله ﷺ يصوم تسع ذى الحجة، ويوم عاشوراء، وثلاثة أيام من كل شهر، أول اثنين من الشهر والخميس) فلم يذكر فيه الأمر صيام الثلاثة أيام؛ وأبهم فيه تلك الصحابية التى روت عنها امرأة هنيدة.

    هكذا أخرجه أبو داود [٢٤٣٧]- واللفظ له - والنسائى [٢٤٧١]، وأحمد [٥/ ٢٧١] و[٢٨٨٦، ٤٢٣]، والبيهقى في «الشعب» [٣/ رقم ٣٧٥٤]، وفى «سننه» [٨١٧٦]، وفى «فضائل الأوقات» [رقم ١٧٥]، وغيرهم من طرق عن أبى عوانة به ... ولفظ النسائي في آخره: (وثلاثة أيام من كل شهر: الإثنين والخميس) ولفظ أحمد والبيهقى: (ثلاثة أيام من كل شهر: أول إثنين من الشهر وخميسين).

    قلت: ثم جاء زهير بن معاوية ورواه عن الحر فقال: سمعت هنيدة الخزاعى قال: دخلت على أم المؤمنين سمعتها تقول: (كان رسول الله ﷺ يصوم من كل شهر ثلاثة أيام، أول إثنين من الشهر، ثم الخميس، ثم الخميس الذي يليه) فأسقط منه الواسطة بين هنيدة وأم المؤمنين المبهمة! هكذا أخرجه النسائي [٢٤١٥]، من طريق خلف بن تميم عن زهير به.

    قلت: فهذه ثلاثة ألوان من الاختلاف في سنده، ولون رابع، فرواه أبو إسحاق الأشجعى عن عمرو بن قيس الملائى عن الحر عن هنيدة فقال: عن حفصة قالت: (أربع لم يكن يدعهن النبي ﷺ صيام عاشوراء والعشر، وثلاثة أيام من كل شهر، وركعتين قبل الغداة) فنقله إلى (مسند حفصة) وزاد في متنه ما زاد!.

    هكذا أخرجه النسائي [٢٤١٦]- واللفظ له - وأحمد [٦/ ٢٨٧]، والطبرانى في «الكبير» [٢٣/ ٢٣ رقم ٣٥٤]، وفى «الأوسط» [٨/ رقم ٧٨٣١]، والمؤلف [برقم ٧٠٤٨، ٧٠٤٩، ٧٠٤١]، وعنه ابن حبان [٦٤٢٢]، والخطيب في «تاريخه» [٩/ ١٠٥] و[١٢/ ٣٦٤]، وغيرهم من طرق عن أبى النضر هاشم بن القاسم عن أبى إسحاق الأشجعى به.

    قال الطبراني: «لم يرو هذا الحديث عن عمرو بن قيس إلا الأشجعى، ولا عن الأشجعى إلا أبو النضر، تفرد به عثمان بن أبى شيبة».

    قلت: كلا، فلم يتفرد به عثمان، بل تابعه جماعة كلهم رووه عن هاشم بن القاسم بإسناده به.

    وهذه مخالفة لا تثبت، وسياق منكر، وأبو إسحاق الأشجعى: شيخ مغمور لا يعرف، ونكرة لا تتعرف، انفرد عنه أبو النضر بالرواية، وقال عنه الحافظ في «التقريب»: «مقبول»، والأولى أن يقول: «مجهول».

    ولا يثبت من السياق الماضى عنه ﷺ صيامه أيام العشر من ذى الحجة، فقد ثبت في صحيح مسلم من حديث عائشة قالت: (ما رأيت رسول الله ﷺ صائما في العشر قط) وهو مخرج في «غرس الأشجار» فكيف يتفق هذا مع ما ورد في تلك الرواية المنكرة من مداومته على صيامهن؟! وقد صح عنه صيام ثلاثة أيام من كل شهر، وصوم عاشوراء، وصلاة ركعتين قبل الغداة، دون ذكر المداومة على ذلك، اللهم إلا في صلاة الركعتين قبل الغداة فقط. • والحاصل: أن تلك المخالفة لا تثبت إلى عمرو بن قيس الملائى؛ والآفة من أبى إسحاق الأشجعى، وباقى رجال الإسناد ثقات سوى هنيدة بن خالد: فهو صالح الحديث كما مضى.

    ثم جاء شريك القاضى وخالف الكل في سنده، ورواه عن الحر بن الصباح فقال: عن ابن عمر: أن رسول الله ﷺ كان (يصوم ثلاثة أيام من كل شهر، يوم الإثنين من أول الشهر، والخميس الذي يليه، ثم الخميس الذي يليه) فأسقط منه (هنيدة بن خالد)، ونقله إلى (مسند ابن عمر) هكذا أخرجه النسائي [٢٤١٤، ٢٤١٣]، وأحمد [٢/ ٩٠]، والبيهقى في «الشعب» [٣/ رقم ٣٨٥١]، وفى «فضائل الأوقات» [رقم ٣٠٠]، وغيرهم من طرق عن شريك به .... واللفظ الماضى للنسائى، ولفظ أحمد: (يصوم ثلاثة أيام من كل شهر، الخميس من أول الشهر، والإثنين الذي يليه، والإثنين الذي يليه) ولفظ البيهقى: (يصوم من الشهر: الخميس ثم الإثنين الذي يليه، ثم الخميس، أو الإثنين الذي يليه، ثم الإثنين، يصوم ثلاثة أيام).

    قلت: وشريك ضعيف الحفظ، مضطرب الحديث، وقد سئل أبو حاتم الرازى وصاحبه عن هذا اللون كما في «العلل» [رقم ٦٧١]، فقالا: «هذا خطأ؛ إنما هو الحر بن صباح عن هنيدة بن خالد، عن امرأته عن أم سلمة عن النبي ﷺ».

    قلت: إن كان هذا منهما مصيرا إلى ترجيح هذا اللون الذي ذكراه، فقد عرفت أن امرأة هنيدة: مجهولة لا تعرف، وهى آفة هذا الطريق الذي لم أقف عليه مسندا.

    والذى يظهر لى: أن الحديث ضعيف مضطرب المتن والإسناد جميعا، وقد أشار المنذرى إلى اضطراب سنده في «مختصر السنن» وقد ضعفه الحافظ الزيلعى في «نصب الراية» [٢/ ١٠٣]، وهو كما قال ... ولا يصح من جميع ألفاظه السابقة؛ إلا صيامه ﷺ ثلاثة أيام من كل شهر دون تعيين تلك الأيام؛ وكذا صومه يوم عاشوراء؛ وصلاته ركعتين بعد الغداة، وما عدا ذلك فلا يثبت؛ كما أفضنا في شرح ذلك مع استيفاء أحاديث الباب في «غرس الأشجار» والله المستعان لا رب سواه.

  15. Al-Ṣanʿānī, Al-Tanwīr Sharḥ Jāmiʿ Al-Ṣaghīr v. 8 p. 589

  16. Al-Athyūbī, Dhakhīrah Al-ʿUqbā fī Sharḥ Al-Mujtabā v. 21 p. 282. “المسألة الأولى في درجته حديث بعض أزواج النبيّ ﷺ هذا في إسناده امرأة هنيدة وهي مجهولة لكنه صحيح من حديث هنيدة نفسه عن حفصة.” He says twice more that it is ṣaḥīḥ in v. 21 p. 338 and v. 21 p. 341

  17. As opposed to those that took place earlier in his life, because it is possible the ruling/matter changed. We take the set of rules/actions the Prophet ﷺ left this world doing.

  18. Al-ʿIrāqī, Al-Taqyīd wa Al-Īḍāḥ Sharḥ Muqaddimah Ibn Ṣalāḥ p. 286-9 “وجوه الترجيحات تزيد على المائة”. The Muqaddimah of Ibn Ṣalāḥ is entitled, Maʿrifah Anwāʿ ʿUlūm Al-Ḥadīth.

  19. Al-Ṭaḥāwī, Sharḥ Mushkil Al-Āthār B. Bayān Mushkil Mā Ruwiya ʿan Rasūl Allāh ﷺ fī Ṣawm Al-ʿAshr Al-Awwal v. 7 p. 415-9

  20. Al-Ṭaḥāwī, Sharḥ Maʿānī Al-Āthār K. Al-Ṣawm B. Ṣawm Yawm ʿĀshūrāʾ #3291

  21. Al-Bayhaqi, Al-Sunan Al-Kubrā v. 9 p. 74-6. I only found this section after reading Al-Athyūbū’s commentary.

  22. Al-Nawawī, Sharḥ Ṣaḥīḥ Muslim v. 8 p. 71-2. I only found this section after reading Al-Athyūbū’s commentary.

  23. See below: Author’s Clarification: Could ʿĀʾishah (raḍiya Allāh ʿanhā) have not known that the Prophet ﷺ fasted?

  24. Al-Nawawī, Al-Majmūʿ Sharḥ Al-Muhadhdhab v. 6 p. 387-8

  25. Al-Zaylaʿī, Naṣb Al-Rāyah v. 2 p. 157

  26. Meaning, Abū Dāwūd, Al-Tirmidhī, Al-Nasāʾī, and Ibn Mājah. However, I did not find this narration in the Sunan of Al-Nasāʾī.

  27. Because it is possible that person A never saw the Prophet ﷺ do something, even though he ﷺ actually did, as was seen by person B. This is the same principle brought earlier by Al-Bayhaqī

  28. Badr Al-Dīn Al-Zarkashī, Al-Ijābah li Īrād Mā Istadrakath ʿĀʾishah p. 168-9

  29. See below: Author’s Clarification: Could ʿĀʾishah (raḍiya Allāh ʿanhā) have not known that the Prophet ﷺ fasted?

  30. ʿAlī Al-Qārī, Mirqāh Al-Mafātīḥ v. 4 p. 1413

  31. Muslim, Ṣaḥīḥ #1162, Al-Tirmidhī, Jāmiʿ: Kitāb al-Ṣawm ʿan Rasūl Allāh ﷺ Bāb Mā Jāʾ fī Faḍl Ṣawm ʿArafah #749

  32. Al-Athyūbī, Al-Baḥr Al-Muḥīṭ Al-Thajjāj v. 22 p. 38-42

  33. ʿAlī Al-Qārī, Mirqāh Al-Mafātīḥ v. 4 p. 1413

  34. After Hijrah. This defines the Islamic “Hijrī” Calendar, which starts at Year 1, which was the year the Prophet ﷺ migrated (performed hijrah) from the Noble City of Makkah to the Illuminated City of Al-Madīnah.

  35. Mūsā ibn Rāshid Al-ʿĀzimī, Al-Luʾluʾ Al-Maknūn fi Sīrah Al-Nabiyy Al-Maʾmūn ﷺ v. 2 p. 532-6

  36. ʿAbd Al-Malik ibn Hisām, Al-Sīrah v. 2 p. 279, Ibn Kathīr, Al-Bidāyah wa Al-Nihāyah v. 6 p. 123

  37. Mūsā ibn Rāshid Al-ʿĀzimī, Al-Luʾluʾ Al-Maknūn fi Sīrah Al-Nabiyy Al-Maʾmūn ﷺ v. 3 p. 273

  38. Mūsā ibn Rāshid Al-ʿĀzimī, Al-Luʾluʾ Al-Maknūn fi Sīrah Al-Nabiyy Al-Maʾmūn ﷺ v. 3 p. 526

  39. Mūsā ibn Rāshid Al-ʿĀzimī, Al-Luʾluʾ Al-Maknūn fi Sīrah Al-Nabiyy Al-Maʾmūn ﷺ v. 4 p. 468

  40. Māriyah, The Copt, was a slave gifted to the Prophet Muḥammad ﷺ by Al-Muqawqis, the leader of Alexandria. Although she is not a wife of the Prophet ﷺ, rather his slave girl - milk al-yamīn, she is treated as a wife in terms of law. For more info: Mūsā ibn Rāshid Al-ʿĀzimī, Al-Luʾluʾ Al-Maknūn fi Sīrah Al-Nabiyy Al-Maʾmūn ﷺ v. 4 p. 196

  41. He was born in the 11th month, Dhū Al-Qaʿdah of Year 8 AH. Mūsā ibn Rāshid Al-ʿĀzimī, Al-Luʾluʾ Al-Maknūn fi Sīrah Al-Nabiyy Al-Maʾmūn ﷺ v. 4 p. 196

  42. This question is responded to with, “No” meaning, probably not, and “Maybe” which could be "probably yes.”

  43. Although most scholars of Sīrah agree that the battle, “Badr Al-Ākirah [The 2nd Badr or The Last Badr]” — also known as “Al-Badr Al-Ṣughrā - The Minor Badr ” — took place in Shaʿbān of 4 AH, Ibn Saʿd opines that it occurred in Dhū Al-Qaʾdah (the 11th month, the month right before the 12th month which is Dhū Al-Ḥijjah), in which case it is highly probable that the Prophet ﷺ did not fast the first 9 days of Dhū Al-Ḥijjah in the case his return coincided with those days. For more info, see Mūsā ibn Rāshid Al-ʿĀzimī, Al-Luʾluʾ Al-Maknūn fi Sīrah Al-Nabiyy Al-Maʾmūn ﷺ v. 3 p. 50

Significance of Muharram and Virtues of Fasting on Ashura

الحمد لله والصلاة والسلام على رسول الله

وعلى آله وصحبه أجمعين ومن تبعهم بإحسان إلى يوم الدين

اللهم اجعلنا منهم

We begin by mentioning the Name of The One True God, Allāh, The Infinitely Caring, Eternally Compassionate. We sincerely praise and thank God to the highest extent, and ask Him to bless, protect, honor, and compliment our Prophet and Messenger Muḥammad, his family, his companions, and those that diligently follow them until the end of times. Dear God, please include us from amongst them.

Islamic New Year

Thursday, June 26th is our Islamic New Year. It will be the year 1447, which indicates the number of years that have passed since the arrival of Our Beloved Messenger ﷺ to al-Madīnah al-Munawwarah, The Illuminated City. The first month in the calendar is Muḥarram, which translates to The Sacred and Sanctified Month. It is a great time to fast, specifically on the 10th day (ʿĀshūrāʾ).

We should all try to fast on ʿĀshūrāʾ, the 10th of Muḥarram, which is Saturday, July 5th. If possible, fast the day before or after as well.

Muḥarram

This is the 1st month of the Islamic Lunar Calendar. The Messenger of God ﷺ referred to it as “شَهْرُ اللَّهِ الْمُحَرَّمُ - The Month of God (Shahr Allāh),” and it has certain virtues. It is also possibly a month of increased forgiveness[1].

The Messenger of God ﷺ said: “أَفْضَلُ الصِّيَامِ بَعْدَ صِيَامِ شَهْرِ رَمَضَانَ شَهْرُ اللَّهِ الْمُحَرَّمُ - Aside from Ramaḍān, the best fasts are the fasts of The Month of God, Al-Muḥarram.”[2]

ʿĀshūrāʾ - عَاشُوْرَاء

This is the 10th day of Muḥarram. It falls on Saturday, July 5th. Those who are able to fast should try to fast on this day.

Reward: The Messenger of God ﷺ said: “صِيَامُ يَوْمِ عَاشُورَاءَ إِنِّي أَحْتَسِبُ عَلَى اللَّهِ أَنْ يُكَفِّرَ السَّنَةَ الَّتِي قَبْلَهُ - I hope that Allāh will forgive and erase the sins of the previous year for someone who fasts on ʿĀshūrāʾ .”[3]

Encouragement: Ibn Abbās (raḍiya Allāh ʿanhumā[4]) said: “مَا رَأَيْتُ النَّبِيَّ ﷺ يَتَحَرَّى صِيَامَ يَوْمٍ فَضَّلَهُ عَلَى غَيْرِهِ إِلاَّ هَذَا الْيَوْمَ يَوْمَ عَاشُورَاءَ - I never saw The Prophet ﷺ wanting to fast a day more than ʿĀshūrāʾ.”[5] In regards to ʿĀshūrāʾ, The Messenger of God ﷺ said: “فَصُومُوهُ أَنْتُمْ - Fast!”[6]

Reasoning: Ibn ʿAbbās (raḍiya Allāh ʿanhumā) mentioned that the Jews of Al-Madīnah used to fast on ʿĀshūrāʾ because The Exodus — the day Moses (Mūsā alayhi al-salām[7]) escaped with the Israelites from the reign of the Pharaoh — occurred on that day. The Messenger of God ﷺ responded saying: “You (the Muslims) have more right to Moses (alayhi al-salām) than them (the Jews), so fast (on this day) - أَنْتُمْ أَحَقُّ بِمُوسَى مِنْهُمْ فَصُومُوا.”[8]

Fasting The 9th As Well: The Messenger of God ﷺ said: “فَإِذَا كَانَ الْعَامُ الْمُقْبِلُ إِنْ شَاءَ اللَّهُ صُمْنَا الْيَوْمَ التَّاسِعَ - Next year, God willing, we will definitely fast the 9th as well. (Meaning, in addition to the 10th.)”[9] The Messenger of God ﷺ also said: “صُومُوا يَوْمَ عَاشُورَاءَ وَخَالِفُوا فِيهِ الْيَهُودَ صُومُوا قَبْلَهُ يَوْمًا أَوْ بَعْدَهُ يَوْمًا - Differ from the Jews, fast the day before or after as well.”[10] Based on that, it would be okay to fast on the 11th instead of on the 9th. There are different opinions as to which set of days to fast. To list them in brief:

The Exodus - Allāh ﷻ Commands Moses (Mūsā alayhi al-salām[14]) to Leave Egypt

The story of Mūsā (alayhi al-salām) is the most frequently mentioned story in the Qurʾān. Each time Mūsā (alayhi al-salām) is mentioned, Allāh ﷻ gives us different scenes from his life, and a different angle of that scene. The passage in the Qurʾān that highlights The Exodus in the most detail is Sūrah Al-Shuʿārāʾ (#26) Āyāt 10 - 68[15]. It is a story of perseverance (ṣabr and ḥilm), relying solely on Allāh (tawakkul), guidance (hudā), deliverance (najāh), and victory (ẓafar). There are so many avenues for us to benefit from when it comes to the story of Mūsā (alayhi al-salām), as well as the parallels we draw between the story of Mūsā (alayhi al-salām) and the life and story (sīrah) of our own Messenger Muḥammad ﷺ. Take a deep dive into this section of the Qurʾān here.

Should One Spend Extra on One’s Family on The Day of ʿĀshūrāʾ?

There are a few narrations attributed to the Prophet ﷺ stating, “مَنْ وَسَّعَ عَلَى عِيَالِهِ يَوْمَ عَاشُورَاءَ لَمْ يَزَلْ فِي سَعَةٍ سَائِرَ سَنَتِهِ - If someone is extra generous with their family[16] on the day of ʿĀshūrāʾ, Allāh ﷻ will be extra generous with him or her throughout the following year.”[17] It should be mentioned that the vast majority of scholars have considered the attribution of that statement to the Prophet ﷺ, albeit through many companions and chains, to be weak (ḍaʿīf).

As for the reasoning behind avoiding acting upon these narrations, it is because there have been great scholars who have considered the ḥadīth at hand to be extremely weak, if not baseless and fabricated. Among them are Aḥmad ibn Ḥanbal (d. 241 AH), Al-ʿUqaylī (d. 322 AH), Al-Faḍl Ibn Ṭāhir, Ibn Al-Jawzī (d. 597 AH), Ibn Taymiyah (d. 728 AH), Ibn Al-Qayyim (d. 751 AH), Al-Dhahabī (d. 748 AH), Ibn Al-ʿIzz[18], and Al-Majd Al-Fayrūz Ābādī (d. 817 AH) (raḥimahum Allāh[19]). They say that the chain to Ibn Masʿud (d. 32 AH - raḍiya Allāhu ʿanh), the chain to Abū Hurayrah (d. 59/60 AH - raḍiya Allāhu ʿanh), the two chains to Abū Saʿīd Al-Khudrī (d. 64 AH - raḍiya Allāhu ʿanh), the two chains to Jābir ibn ʿAbd Allāh (d. 78 AH - raḍiya Allāhu ʿanhumā), including his personal statement, and the two chains to Ibn ʿUmar (d. 73 AH - raḍiya Allāhu ʿanhumā) are all extremely weak and filled with narrators who are unknown, very weak, unreliable, and/or known to contradict their much more accurate peers.[20]

As for the reasoning behind acting upon these narrations, it is because there have been great scholars who have acted upon this statement by spending extra on their family, and found extra blessings in the following year. Among them are Al-Bayhaqī (d. 458 AH), Al-Mundhirī (d. 656 AH), Al-ʿIrāqī (d. 806 AH), and Al-Suyūṭī (d. 911 AH) (raḥimahum Allāh[21]). They rely on the eight chains of narrators to the five companions (ṣaḥābah) mentioned above, including the narration to Jābir ibn ʿAbd Allāh (raḍiya Allāhu ʿanhumā), wherein he has been quoted saying, “جَرَّبْنَاهُ فَوَجَدْنَاهُ كَذَلِكَ - We have experienced that, and have found it to be true.”[22] Abū Al-Zubayr and Shuʿbah (raḥimahumā Allāh[23]) have also been quoted with similar statements.[24] Sufyān ibn ʿUyaynah (d. 198 AH - raḥimahu Allāh) is famous[25] for this statement, saying, “قد جربناه منذ خمسين سنة أو ستين سنة فما رأينا إلا خيرا - We experienced this extra generosity for 50 or 60 years, and it’s been nothing but good.”[26] Ibn Ḥabīb Al-Mālikī (d. 238/9 AH - raḥimahu Allāh) composed a few lines of poetry highlighting this.[27]

In summary, there are two opinions. Opinion A is: despite a weak attribution to the Prophet ﷺ, there are numerous quotes, statements, and testimonies about receiving extra generosity from Allāh the year following having spent on one’s family on ʿĀshūrāʾ.[28] Anyone who finds this convincing should go ahead and be extra generous with his or her family on ʿĀshūrāʾ, and hope and pray for extra generosity and blessings from Allāh. Opinion B is: all the narrations are extremely weak and problematic, and thus one should not spend extra on their family on ʿĀshūrāʾ. The author of this article, may Allāh make him worthy of His Love, used to hold the opinion that, despite the weakness of the narrations, there was some basis to this act, and thus it would be permissible and rewarding to act upon the said narration. However, after further research, the author, may Allāh make him worthy of His Love, finds it better to avoid this action due to the immense weakness of the narrations. With that being said, if someone were to act on it in hopes of reward because they prefer the view of the scholars that did consider it virtuous, it is hoped that Allāh will reward them. And if someone were to avoid this action so as to not engage in a religious innovation (bidʿah), they will also be rewarded by Allāh. — Allāh knows the correct answer.

May Allāh — Al-Razzāq, The Provider — provide for us all, bless us in what He Alone has provided us with, make us grateful and content, and free us from any and all forms of debt. May Allāh accept our fasting on ʿĀshūrāʾ, and forgive us for our previous years’ sins. Āmīn.

The Martyrdom of Ḥusayn ibn ʿAlī (raḍiya Allāhu ʿanhumā)[29]

As was described above, the Prophet ﷺ himself taught us the importance of the day of ʿĀshūrāʾ, as well as the rewards associated with fasting that day. However, after the Prophet ﷺ left this world, his grandson, Ḥusayn (raḍiya Allāhu ʿanh), as well as many of his extended family members were martyred on the plains of Karbalāʾ by a platoon from the Umayyad Army, as a result of political issues in the year 56 AH. A detailed overview of the incidents leading up to this event can be found here and here. Ḥusayn (raḍiya Allāhu ʿanh) is the son of Fāṭimah bint Muḥammad (raḍiya Allāhu ʿanhā) and ʿAlī ibn Abī Ṭālib (raḍiya Allāhu ʿanh), two of the greatest companions of the Prophet ﷺ. Fāṭimah bint Muḥammad (raḍiya Allāhu ʿanhā) is the beloved daughter of the Prophet Muḥammad ﷺ. ʿAlī ibn Abī Ṭālib (raḍiya Allāhu ʿanh) is the 1st cousin of the Prophet ﷺ, his son-in-law, and the 4th Caliph. They also had an older son, Ḥasan (raḍiya Allāhu ʿanh). Regarding Ḥasan and Ḥusayn (raḍiya Allāhu ʿanhumā), the Prophet ﷺ said “الْحَسَنُ وَالْحُسَيْنُ سَيِّدَا شَبَابِ أَهْلِ الْجَنَّةِ - Ḥasan and Ḥusayn are the two leaders of the young men of Jannah.”[30] He ﷺ also said about them while they were holding onto his knees “هَذَانِ ابْنَاىَ وَابْنَا ابْنَتِي اللَّهُمَّ إِنِّي أُحِبُّهُمَا فَأَحِبَّهُمَا وَأَحِبَّ مَنْ يُحِبُّهُمَا - These two are my sons. The sons of my daughter (Fāṭimah). O Allāh! I love both of them! So You love both of them! And love whoever loves both of them!”[31] He ﷺ also said regarding them: “إِنَّ الْحَسَنَ وَالْحُسَيْنَ هُمَا رَيْحَانَتَاىَ مِنَ الدُّنْيَا - Ḥasan and Ḥusayn are my two fragrant smelling plants[32] of this world.”[33] Regarding Ḥusayn (raḍiya Allāhu ʿanh) in particular, Anas ibn Mālik (raḍiya Allāhu ʿanh) - the servant of the Prophet ﷺ for 10 years - remarked “أَمَا إِنَّهُ كَانَ مِنْ أَشْبَهِهِمْ بِرَسُولِ اللَّهِ - He most closely resembles the physical features of the Prophet ﷺ.”[34] There can be no doubt about the love we must have for the Prophet ﷺ, his family, his daughters, his grandchildren, and our respect towards them. Because of our immense love of the Prophet ﷺ, we follow his teachings, his guidelines, and the way of life he modeled for us. He ﷺ taught us that the 10th of Muḥarram is a day of victory, and a day of fasting. He also taught us that we focus on our worship, commemorate successes, and take lessons from - not mourn - times of difficulty. Our hearts should feel sad for the martyrdom of Ḥusayn (raḍiya Allāhu ʿanh), in a similar way that it feels sad over the martyrdom of all of the great Ṣaḥābah, those who were role models even to Ḥusayn (raḍiya Allāhu ʿanh), like ʿUmar ibn al-Khaṭṭāb (raḍiya Allāhu ʿanh), ʿUthmān ibn ʿAffān (raḍiya Allāhu ʿanh), and Ḥusayn’s own father, ʿAlī ibn Abī Ṭālib (raḍiya Allāhu ʿanh). But our hearts should feel the greatest sadness at the loss of our Prophet ﷺ, who said “فَإِنَّ أَحَدًا مِنْ أُمَّتِي لَنْ يُصَابَ بِمُصِيبَةٍ بَعْدِي أَشَدَّ عَلَيْهِ مِنْ مُصِيبَتِي - No one from my Ummah has faced a more difficult calamity than my death.”[35] Despite that, we still do not take the passing of the Prophet ﷺ on the 12th of Rabīʿ Al-Awwal to be a day of mourning or lamenting. The Prophet ﷺ taught us how to grieve when his own son Ibrāhīm (raḍiya Allāhu ʿanh) passed away when he ﷺ said, “إِنَّ الْعَيْنَ تَدْمَعُ وَالْقَلْبَ يَحْزَنُ وَلاَ نَقُولُ إِلاَّ مَا يَرْضَى رَبُّنَا - The eyes shed tears. The hearts feel sad. But we only say that which pleases Allāh.”[36] We do not say anything or do anything in our sadness that will make Allāh displeased.

As a final point, some people use instances like these to criticize the Ṣaḥābah (raḍiya Allāhu ʿanhum), the companions of the Prophet ﷺ, even though Allāh ﷻ is already pleased and happy with all of them. Allāh ﷻ says in The Qurʾān regarding the companions (raḍiya Allāhu ʿanhum) “وَالسَّابِقُونَ الأوَّلُونَ مِنَ الْمُهَاجِرِينَ وَالأنْصَارِ وَالَّذِينَ اتَّبَعُوهُمْ بِإِحْسَانٍ رَضِيَ اللَّهُ عَنْهُمْ وَرَضُوا عَنْهُ - As for the companions that were the first of the first from the Migrants, Helpers of Al-Madīnah, and those companions that came after, still following the first of the first in the best way possible, Allāh is pleased with them, and they are pleased with Allāh.[37] and “لا يَسْتَوِي مِنْكُمْ مَنْ أَنْفَقَ مِنْ قَبْلِ الْفَتْحِ وَقَاتَلَ أُولَئِكَ أَعْظَمُ دَرَجَةً مِنَ الَّذِينَ أَنْفَقُوا مِنْ بَعْدُ وَقَاتَلُوا وَكُلا وَعَدَ اللَّهُ الْحُسْنَى - Those who spent their money and put their lives on the line before the conquest of Makkah are not equal to those who did so after. The first category has a superior rank compared to those who spent money and fought after the conquest of Makkah. BUT STILL, Allāh has promised and prepared Al-Ḥusnā, Jannah, and Paradise for BOTH groups.[38]

May Allāh ﷻ allow us to love those whom He loves, and to act in a manner that is pleasing to Him in all times and places. Āmīn.

اللهم فهمنا

ربنا زدنا علما

اللهم فقهنا في الدين وعلمنا التأويل

ربنا آتنا من لدنك رحمة وهيئ لنا من أمرنا رشدا

ربنا لا تزغ قلوبنا بعد إذ هديتنا وهب لنا من لدنك رحمة

اللهم معلم آدم وإبراهيم ومحمد علمنا مما علمتهم

اللهم ارزقنا علما نافعا وحكمة بالغة

اللهم افتح علينا فتوح العارفين

يا فتاح يا عليم

اللهم صل وسلم على نبيك المصطفى الكريم

وعلى آله وصحبه أجمعين ومن تبعهم بإحسان إلى يوم الدين

اللهم اجعلنا ممن تبعهم بإحسان

FAQs

  1. Should one still fast if the recommended day(s) happens to be on a Friday or a Saturday?
    1. Yes, one should still fast, even if that means fasting only on a Friday or a Saturday.[39]

Credits to Editors

May Allāh ﷻ reward those who helped write and edit this, including, but not limited to, Shaykha Ayesha Syed Hussain, Munir Eltal, Ḥāfiẓah Muna Aweinat, and Shifa Haquani.

Footnotes

  1. Al-Tirmidhī, Jāmiʿ: Kitāb al-Ṣawm ʿan Rasūl Allāh ﷺ Bāb mā jāʾa fī ṣawm al-Muḥarram. “فَإِنَّهُ شَهْرُ اللَّهِ فِيهِ يَوْمٌ تَابَ اللَّهُ فِيهِ عَلَى قَوْمٍ وَيَتُوبُ فِيهِ عَلَى قَوْمٍ آخَرِينَ - In the month of Muḥarram, there is a day in which Allāh has previously accepted the repentance of past peoples, and will accept the repentance of peoples to come.” The other narrations mentioned here should be given preference in terms of reliability for proving the month’s virtues.

  2. Muslim, Ṣaḥīḥ #1163 a,b,c. Al-Tirmidhī, Jāmiʿ: Kitāb al-Ṣawm ʿan Rasūl Allāh ﷺ Bāb mā jāʾa fī ṣawm al-Muḥarram. Abū Dāwūd, Sunan: Kitāb al-Ṣawm Bāb fī Ṣawm al-Muḥarram.

  3. Al-Tirmidhī, Jāmiʿ: Kitāb al-Ṣawm ʿan Rasūl Allāh ﷺ Bāb mā jāʾa fī al-ḥathth ʿalā ṣawm yawm ʿĀshūrāʾ. Ibn Mājah, Sunan: Kitāb al-Ṣawm #1810.

  4. May Allāh be pleased with him.

  5. Al-Bukhārī, Ṣaḥīḥ: Kitāb al-Ṣawm Bāb ṣiyām yawm ʿĀshūrāʾ. Muslim, Ṣaḥīḥ #1132a (similar wording: مَا عَلِمْتُ أَنَّ رَسُولَ اللَّهِ ﷺ صَامَ يَوْمًا يَطْلُبُ فَضْلَهُ عَلَى الأَيَّامِ إِلاَّ هَذَا الْيَوْمَ وَلاَ شَهْرًا إِلاَّ هَذَا الشَّهْرَ يَعْنِي رَمَضَانَ).

  6. Muslim, Ṣaḥīḥ #1131 a.

  7. May Allāh protect him and preserve his legacy.

  8. Al-Bukhārī, Ṣaḥīḥ: Kitāb al-Tafsīr Sūrah Yūnus Bāb Wa Jāwaznā bi Banī Isrāʾīl ... Muslim, Ṣaḥīḥ #1130c (similar wording: فَنَحْنُ أَحَقُّ وَأَوْلَى بِمُوسَى مِنْكُمْ).

  9. Muslim, Ṣaḥīḥ #1134a,b. Ibn Mājah, Sunan: Kitāb al-Ṣawm #1808.

  10. Aḥmad, Musnad #2155. There is a discussion about this ḥadīth, as to whether The Messenger of God ﷺ actually said “after it” or even “and the day after it.” There are other narrations wherein The Prophet ﷺ just said the 9th and 10th.

  11. However, it has been narrated that after the mandate to fast Ramaḍān, Ibn ʿUmar (raḍiya Allāhu ʿanhumā) would not fast on ʿĀshūrāʾ unless it coincided with his normal fasting routine. Al-Bukhārī, Ṣaḥīḥ: Kitāb al-Ṣawn Bāb Wujūb Ṣawm Ramaḍān.

  12. Some scholars opined that there is no virtue in adding the 11th.

  13. Some scholars opined that no one should fast all three: 9th, 10th, and 11th, referring to it as an innovation (bidʿah).

  14. May Allāh protect him and preserve his legacy.

  15. Al-Qurʾān: Sūrah Al-Shuʿārāʾ (26:10-68) | https://quran.com/26/10-68

  16. Some reports add “and on themselves.”

  17. This has been narrated by Abū Saʿīd Al-Khudrī, Ibn Masʿūd, Ibn ʿUmar, Abū Hurayrah, and Jābir (raḍiya Allāh ʿanhum). Al-Ṭabarānī, Al-Awsaṭ, v. 9 p. 121 #9302; Al-Ṭabarānī, Al-Kabīr, v. 10 p. 77 #10007; Al-Bayhaqī, Shuʿab Al-Īmān, v. 7 p. 375-9 and v. 8 p. 377; Ibn Ḥibbān, Kitāb Al-Majrūḥīn, v. 3 p. 97; Abū Nuʿaym, Akbār Aṣbahān, v. 1 p. 163 and p. 198; Ibn Maʿīn, Tārīkh, #2223; Al-Khaṭīb, Muwaḍḍiḥ al-Jamʿ wa al-Tafrīq, v. 2 p. 307; Al-Ḥakīm Al-Tirmidhī, Nawādir Al-Uṣūl v. 3 p.14

  18. Perhaps Mawlānā Yūnus meant Ibn Abī Al-ʿIzz Al-Ḥanafī (d. 792 AH); see: Yūnus Jonpūrī, Al-Yawāqīt Al-Khāliyah, v. 1 p. 326 (link)

  19. May Allāh bless them with His Kindness

  20. Yūnus Jonpūrī, Al-Yawāqīt Al-Khāliyah, v. 1 p. 326 (link)

  21. May Allāh bless them with His Kindness

  22. Ibn ʿAbd Al-Barr, Al-Istidhkār, v. 10 p. 140.

  23. May Allāh bless them with His Kindness

  24. Ibn ʿAbd Al-Barr, Al-Istidhkār, v. 10 p. 140.

  25. However, Al-Imām Aḥmad ibn Ḥanbal (raḥimahu Allāh) said in response to this, “(Well, obviously...) He (Ibn Uyaynah) would be obsequious and groveling to Ibn Al-Muntashir. May Allāh have mercy on Ibn Uyaynah. He lived with the kings.” Masāʾil Ibn Hāniʾ li Al-Imām Aḥmad, v. 1 p. 136-7.

  26. Ibn Abī Al-Dunyā, Al-ʿIyāl

  27. Al-Qāḍī ʿIyāḍ, Tartīb al-Madārik wa Taqrīb al-Masālik, v. 4 p. 140.

    لا تنس لا ينسينك الرحمن عاشورا ... واذكر لا زلت في الأحياء مذكورا

    Don’t forget ʿĀshūrāʾ, and Al-Raḥmān won’t forget you ... Remember that, and you will continue to be mentioned

    قال الرسول صلاة الله تشمله ... قولا وجدنا عليه الحق والنورا

    The Messenger - May God’s blessings fully encompass him - said something we have found to be true and full of light

    من يأت في ليل عاشوراء ذا سعة ... يكن بعيشه في الحول مبرورا

    “Whoever spends on his family on the eve of ʿĀshūrāʾ will have a year filled with goodness.”

  28. Al-Bayhaqī, Shuʿab Al-Īmān, v. 7 p. 379; Al-Ḥāfiẓ Ibn Ḥajar Al-ʿAsqalānī, Al-Amālī Al-Muṭlaqah p. 27-30; Ibn Ḥajar, Mukhtaṣar Al-Targhīb, p. 82; Ibn ʿĀbidīn, Ḥāshiyah, v. 2 p. 419; Al-Ṣāwī Al-Mālikī, Ḥāshiyah Al-Ṣāwī ʿalā Al-Sharḥ Al-Ṣaghīr, v. 1 p. 691; The recommendation has also been mentioned by Sulaymān Al-Jamal in his Ḥāshiyah, and by Al-Bahūtī Al-Ḥanbalī in his Sharḥ Muntahā Al-Irādāt.

  29. This section has been added to correct some misconceptions that have crept into the Muslim community. Some Muslims simply do not know how they are supposed to feel and/or speak about Ḥusayn (raḍiya Allāh ʿanh), the beloved grandson of the Prophet ﷺ. Some people say bad things about the companions (ṣaḥabah) in general, and some specifically say vile things about the companion and scribe of revelation, Muʿāwiyah (raḍiya Allāh ʿanh). This section serves to clearly demonstrate Allāh’s happiness with the companions as a whole, to show us and teach us the love the Prophet ﷺ had for his family, grandchildren, and his companions, and to highlight the love, respect, and admiration towards the companions that we should have, as we strive to emulate the Prophet ﷺ.

  30. Al-Tirmidhī, Jāmiʿ: Kitāb al-Manāqib ʿan Rasūl Allāh #3768

  31. Ibid #3769

  32. The word rayḥān can also literally mean basil. This is the Arabic idiom comparable to the American English idiom, “my rose” or “my flower”.

  33. Al-Tirmidhī, Jāmiʿ: Kitāb al-Manāqib ʿan Rasūl Allāh #3770

  34. Ibid #3778

  35. Ibn Mājah, Sunan: K. al-Janāʾiz B. mā jāʾ fī al-ṣabr ʿalā al-Muṣībah #1599

  36. Al-Bukhārī, Ṣaḥīḥ: K. al-Janāʾiz B. Qawl al-Nabī ﷺ Innā bika la Maḥzūnūn #1303. Muslim, Ṣaḥīḥ: #2315

  37. Al-Qurʾān, Sūrah al-Tawbah 9:100

  38. Al-Qurʾān, Sūrah al-Ḥadīd 57:10

  39. There are narrations wherein the Prophet ﷺ said, “None of you should fast on Friday, unless you also fast the day before or after.” (Al-Bukhārī, Ṣaḥīḥ K. al-Ṣawm B. Ṣawm Yawm al-Jumuʿah, fa idhā Aṣbaḥ Ṣāʾimā Yawm al-Jumuʿah fa ʿalayhi an Yufṭir. Muslim, Ṣaḥīḥ #1143a-1144b) However, most scholars have understood this to mean singling out any random Friday (or every Friday) for fasting, because it is the day of Friday, or to ensure that people do not think it is necessary (wājib) to fast on Friday. Since people are fasting because it is ʿĀshūrāʾ (or any other recommended day), that dislike or prohibition would not apply in the first place. For more information, see Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 28 p. 96.

The Best 10 Days of Dhul-Hijjah: Virtuous Acts, Fasting, and Eid al-Adha

الحمد لله والصلاة والسلام على رسول الله

وعلى آله وصحبه أجمعين ومن تبعهم بإحسان إلى يوم الدين

اللهم اجعلنا منهم

We begin by mentioning the Name of The One True God, Allāh, The Infinitely Caring, Eternally Compassionate. We sincerely praise and thank God to the highest extent, and ask Him to bless, protect, honor, and compliment our Prophet and Messenger Muḥammad, his family, his companions, and those that diligently follow them until the end of times. Dear God, please include us from amongst them.

We are about to enter the greatest days of the year.

The 12th Islamic Month, Dhū Al-Ḥijjah, will start on Wednesday, May 28th. This is the month in which millions of Muslims set out to perform the Ritual Pilgrimage (Ḥajj). It is also the month in which we celebrate our 2nd Islamic Festival - Eid, ʿĪd Al-Aḍḥā. It is a month filled with following in the footsteps of the great grandfather of our Beloved Messenger ﷺ, Abraham (Ibrāhīm - May Allāh preserve his legacy[1]).

Dates[2]:

The key points of this article have been summarized in this video (note that the dates mentioned in the video are from a previous year): Shaykh Mudassir Mayet | Virtuous Acts #2: Dhul-Hijjah

Fasting on ʿArafah (9th of Dhū Al-Ḥijjah) - Thursday, June 5th

The Messenger of God ﷺ was asked about fasting on the day of ʿArafah[3]. He ﷺ answered: “It wipes away the sins of the past year and the coming year.”[4] ʿArafah will be on Thursday, June 5th this year. If you are able to, you should definitely try your best to fast on this day.

In addition to the 9th, we also know that, at least some years, the Messenger of God ﷺ fasted each of the first nine days of Dhū Al-Ḥijjah.[5] Anyone who is able to fast some, or all nine days, should try to do so.

Extra Reward for Extra Good Actions

The Messenger of God ﷺ said: “There are no days in which correct, righteous actions are more beloved to God than these ten days (first ten days of Dhū Al-Ḥijjah). The companions asked: “Not even Jihād in the path of God?” The Messenger of God ﷺ responded: “Not even Jihād in the path of God, except for someone who goes out with his life and wealth, and returns with neither.”[6] Here is a simple, nonexhaustive list of some extra good actions we can do.

Learning the Religion

Reciting Qurʾān

Giving Charity

Ṣalawāt - Sending Blessings on The Prophet ﷺ

Extra Prayers

Volunteering

Dhikr - Remembering Allāh

Going to the Masjid

Fasting

Duʿāʾ - Asking Allāh

Tawbah - Repentance

Reflection

Ritual Slaughter (Uḍḥiyah) for The Festival of Sacrifice (ʿĪd Al-Aḍḥā)

Allāh informs us about the greatness of this act by saying, “Neither the meat nor the blood (of your sacrifice) reaches God. Rather, it is your piety and devotion that reaches Him...”.[7] The physical act of slaughtering an animal is not the end goal in and of itself. That is to say that God doesn’t need or benefit from our act of slaughter. Far from it! He is beyond Perfection! Rather, Allāh wants to see us striving hard and trying our best to please Him. To see us utilizing our effort, wealth, and beloved possessions in His obedience in a manner that He ﷻ has prescribed.

The ritual slaughter (uḍḥiyah) is an individual obligation (wājib)[8] for anyone who has ~$9,700 in extra possessions[9]. One is responsible for the purchase of the animal, but does not have to personally slaughter the animal or personally distribute the meat. The slaughter must take place after the Eid Prayer, and may be done up until before Maghrib on the 12th of Dhū Al-Ḥijjah.[10] There are a handful of other rulings associated with this, but if you intend to outsource this act, you can assume that they will fulfill the rest of the criteria.

For anyone performing or purchasing the sacrifice (uḍḥiyah | qurbānī), it is a religiously recommended (sunnah)[11] to not trim one's hair or nails during the first ten days of Dhū Al-Ḥijjah, until one’s sacrifice has been slaughtered.[12]

The vast majority of scholars do not place any restrictions on how the meat should be distributed. If one chooses to keep all the meat for his or her family to consume, that is completely acceptable. If one chooses to donate all the meat to people who are in need, that is also completely acceptable. There are statements from the Ṣaḥābah[13] (raḍiya Allāh ʿanhum[14]) which state that one third of the meat should be kept for oneself and their family, another third should be given as a gift, and the last third should be given to those who ask and those in need.[15] This is a recommendation from the Ṣaḥābah (raḍiya Allāh ʿanhum) and many scholars, but by no means an obligation.

Acceptable Animals for Ritual Slaughter (Uḍḥiyah)

Allāh ﷻ and the Prophet ﷺ have given us guidelines in regards to what animals are suitable for ritual slaughter (uḍḥiyah). This is partly because we want our acts of worship to have quality and standards in a show of our effort before Allāh ﷻ. Animals that are suitable fall under the category of Anʿām or livestock. This is a technical term in both Arabic and English referring to domesticated animals, typically raised for agricultural purposes. In the Qurʾān, Allāh refers to them as “... what He has provided for them in terms of four-legged livestock (bahīmah al-anʿām)”.[16] The Prophet ﷺ specified that the animal should be old enough[17], healthy, and with no physical defects[18].

In sum, any of the following animals are appropriate if they are domesticated and healthy, regardless of whether they are male or female[19]:

Lastly, we should know that the Prophet ﷺ has designated that a single lamb, sheep, ram, or goat will suffice for 1 person, and a single cow, bull, buffalo, or camel will suffice for 7 seven people.[25]

Reciting The Praises of Allāh, The All Supreme (Takbīrāt)

From Fajr on the 9th of Dhū Al-Ḥijjah (Thursday, June 5th) until ʿAṣr on the 13th (Monday, June 9th), EVERYONE should recite the following phrase aloud after every prayer; every man, woman, child, regardless if one prayed in congregation or alone:

اَللهُ أَكْبَرُ اَللهُ أَكْبَرُ لَا إِلٰهَ إِلَّا اللهُ اَللهُ أَكْبَرُ اَللهُ أَكْبَرُ وَلِلَّهِ الْحَمْدُ

Allāhu Akbar, Allāhu Akbar, lā ilāha illā Allāh, Allāhu Akbar, Allāhu Akbar, wa li-llāh al-Ḥamd. God is Greater, God is Greater. There is no God except Allāh. God is Greater, God is Greater. Solely to God belongs the most perfect and complete praise and thanks.[26]

The 11th-13th of Dhū Al-Ḥijjah — Days of “Drying Meat” (Ayyām Al-Tashrīq)

These are the days that were originally used to dry the freshly slaughtered meat, so that it could be preserved (i.e., turned into jerky) for later consumption.

It is absolutely prohibited (Ḥarām | Makrūh Taḥrīmā) to fast on these days, including the joyous day of ʿĪd. So do NOT fast from Friday, June 6th (10th) to Monday, June 9th (13th).

Recommended Actions (Sunan) of Our Beloved Messenger Muḥammad ﷺ for The Festival (Eid)

  1. Be extra clean. Shower (ghusl), brush your teeth, use miswāk, and smell good. The Prophet ﷺ compared Friday to Eid and told us: “This day [Friday] is a day of Eid and celebration. So whoever comes to the Friday prayer should bathe, apply perfume if they have any, and use the miswāk (tooth-stick).”[27] The Prophet ﷺ told us to be extra clean because it is an “Eid.” Therefore, on Eid al-Aḍḥā, we should follow this sunnah.
  2. Wear nice, clean clothes. It does not have to be new, but it should be clean, ironed, and nicer than your daily outfit[28]. In following this recommendation, ʿUmar (raḍiya Allāh ʿanh) once bought a nice outfit to give to the Prophet ﷺ and said, “wear it to look nice on Eid.”[29]
  3. Eat after the Eid prayer. Buraydah (raḍiya Allāh ʿanhu) tells us that the Prophet ﷺ would not eat on Eid al-Aḍḥā until after he ﷺ had prayed the Eid prayer.[30]
  4. Recite the takbīrāt of Eid. That is to say — اَللهُ أَكْبَرُ اَللهُ أَكْبَرُ لَا إِلٰهَ إِلَّا اللهُ وَاَللهُ أَكْبَرُ اَللهُ أَكْبَرُ وَلِلَّهِ الْحَمْدُ — Allāhu Akbar, Allāhu Akbar, lā ilāha illā Allāh, Allāhu Akbar, Allāhu Akbar, wa li-llāh al-Ḥamd. God is Greater, God is Greater. There is no God except Allāh. God is Greater, God is Greater. The most perfect and complete praise and thanks belongs solely to God.[31] It should be recited happily and aloud.
  5. Return home from a different route. The companion, Jābir (raḍiya Allāh ʿanh), told us that the Prophet ﷺ would take a different route when going to and returning from the Eid prayer area.[32] Someone can make their way to the Prayer Area via the freeway, and return via surface streets, for example. Or they can head towards the Prayer Area from one direction, and return home via the opposite direction.
  6. Meet and greet others with phrases of acceptance. Some of the Companions (raḍiya Allāh ʿanhum), upon meeting each other on Eid, would say تَقَبَّلَ اللَّهُ مِنَّا ومِنْك — “May God accept from you and us.”[33] It is not necessary to say this in Arabic; one may convey greetings of acceptance in any language.

Congregational Eid Prayers

The Eid Ṣalāh (prayer) are a very special and unique act of worship that we only get to experience twice in a year, followed by a Khuṭbah (sermon) addressing the entire Muslim Community. We often find our Eid Congregations, compared to our Friday Jumuʿah Congregations, being twice as large, if not tenfold in some communities. Normally, attending the Eid Prayer is something that every single person in a household should do[34]. Every man, woman, child, and elder should actively try to attend the Eid Ṣalāh.

Missing the Eid Prayer

If someone is unable to attend their communal Eid Prayer due to illness, health and/or capacity limits, or because they arrive late and miss the congregation, they have one of two options:

Option 1: Nothing needs to be done to make up for the missed Eid Prayer. There is no blame or sin, and no extra prayers need to be performed as a substitute.[35]

Option 2: The Eid Prayer can be prayed at home since the communal prayer was missed. It is not necessary to do so, but it is allowed.[36] If someone does not feel comfortable performing the Eid prayers on their own at home, they do not have to. It is not required to make it up if it is missed.

It should be noted that the Eid prayer can only be performed at home by one if they were unable to make it to their communal Eid Prayer. According to the vast majority of scholars[37], it is not allowed to simply default to praying Eid Ṣalāh at home without having one of the valid excuses listed.

FAQs[38]

  1. If Eid falls on a Friday (Jumuʿah), do I have to pray Jumuʿah?
    1. Yes. Healthy, adult, non-traveling males must attend both the Eid Sermon/Prayer, AND the Friday/Jumuʿah Sermon/Prayer. Other scholars say that the Friday Prayer/Jumuʿah drops.[39]
  2. I have to make up fasts from Ramaḍān. Can I fast them in the first nine days of Dhū al-Ḥijjah?
    1. Yes. One may fast the days of Dhū al-Ḥijjah with the intention of both Make-Up of Ramaḍān, and extra rewards of Dhū al-Ḥijjah.
  3. Should one still fast if the recommended day(s) happens to be on a Friday or a Saturday?
    1. Yes, one should still fast, even if that means fasting only on a Friday or a Saturday.[40]
  4. Can women slaughter the animal for uḍḥiyah (qurbānī)?
    1. Yes. Any muslim who is physically able to slaughter the animal is allowed to do so.
  5. Can women attend the Eid Prayers?
    1. Yes, they absolutely can and should. All women are highly encouraged to partake in the Eid Prayer with the entire community. If a woman is on her period (menses), and is not praying, then she can and still should attend, but should try and sit in any place that is not technically considered “Masjid” (i.e., outside, the lawn, tents, foyer, lobby).
  6. Do I have to attend the Eid Prayers?
    1. According to the Ḥanafīs, Eid Prayer is Necessary (wājib) for an adult male upon whom Jumu'ah is usually an obligation (farḍ). Thus, not wanting to go to the communal Eid Congregation without a valid reason is not allowed.
    2. According to the Shāfiʿīs, the Eid Prayer is highly recommended (Sunnah Muʾakkadah), thus everyone should do their best to perform it.
    3. According to the Ḥanbalīs, Eid Prayer is a Communal Obligation (Farḍ Kifāyah). So if someone is unable to make it, there is no blame or sin upon them, but everyone should still do their best to perform it.
  7. Can I attend multiple Eid Prayers?
    1. One should not partake in multiple Eid Prayers. This is not only due to religious reasons, but also because someone who has already prayed Eid Ṣalāh should allow others to have a spot at another congregation.
  8. Can I pray any extra prayers before or after Eid Ṣalāh?
    1. One should avoid praying anything but the Eid Prayers while at the place where Eid is being performed, unless one needs to make up the Fajr of that day.[41]
  9. I missed the first and/or second unit of Eid Ṣalāh, what should I do?[42]
    1. You make up the rakaʿah (unit) along with the additional takbīrs. The number of additional takbīrs can vary, but most places in Greater LA will do an additional 7 takbīrs (before recitation) in the first unit (rakʿah), and an additional 5 takbīrs (before recitation) in the second unit (rakʿah). If the unit (rakʿah) is made up without the additional takbīrs, there is no blame, and nothing additional needs to be done.
  10. I caught the first unit (rakaʿah) with the Imām, but I joined after he completed the extra takbīrs. Do I have to make them up?
    1. If possible, yes. There are 3 possible scenarios
      1. If you joined while the Imām is still standing, say the extra takbīrs individually even if the imam is reciting Qurʾān.
      2. If the Imām is in rukūʿ, but you think you have enough time to do the extra takbīrs, say the extra takbīrs and then go into rukūʿ.
      3. If the Imām is in rukūʿ, but you don’t have enough time to say the extra takbīrs and join the Imām before going into rukūʿ, join the Imām in rukūʿ and say as many of the additional takbīrs as you can while in rukūʿ[43]. If you don’t complete all the extra takbīrs and the Imām stand up from rukūʿ, stand up with the Imām. You do not have to complete the additional takbīrs in this case.
  11. Can Eid Ṣalāh be performed at the Masjid?
    1. Yes. It is completely valid. The Sunnah is to perform it in a large public open space, but if that is not available, praying at a Masjid is absolutely permissible.
  12. Can I pray Eid Ṣalāh in the street if there’s no capacity in the main prayer area?
    1. One should only pray in sections designated by their local Masjid/Community leadership. One should not pray wherever they feel like.
  13. I broke my wuḍūʾ right before or during the Eid Ṣalāh and the bathrooms are closed and/or too far. What should I do?
    1. In this case, one can perform tayammum (dry ablution). One can simply tap their hands on any earthen material (dirt, rocks, cement, uncoated marble, bricks), then wipe their face. And repeat a tap to the earthen material, and wipe the entirety of their arms (from the tip of one's fingertips up to and including the elbows).[44] If one does not have access to those materials, then they can stay seated and not pray. This person would then have a choice between not praying anything as a substitute, or by praying Eid alone at home.
  14. Can I pray behind a remote/live-streamed Imām?
    1. No. The vast majority of scholars opine that one cannot pray along with a live-streamed prayer.
  15. Can I fast on Eid?
    1. No. The Prophet ﷺ forbade us from fasting on Eid. One can resume fasting 4 days after Eid Al-Aḍḥā (the 14th of Dhū Al-Ḥijjah). See the above section titled, The 11th-13th of Dhū Al-Ḥijjah.
  16. Is it recommended to hug each other on Eid? What about 3 hugs?
    1. Hugging is something that, in our culture, is a way for Muslims to show care and express happiness. As such, it is completely allowed, and can even be considered a good action. One can and very much should hug their loved ones, and show them love and affection. Be that through one hug, or ten, or through other cultural norms.
  1. The phrase “May Allāh preserve his legacy” is a translation for the common Arabic phrase عليه السلام and refers to God honoring and preserving the legacy of His Prophets. Many people tarnish the names of Allāh’s Prophets, so this is a prayer said out of respect for them.

  2. Based on calculation, and tentative moon sighting predictions.

  3. Based on the assumption that one is not a pilgrim at Ḥajj.

  4. Muslim, Ṣaḥīḥ #1162, Al-Tirmidhī, Jāmiʿ: Kitāb al-Ṣawm ʿan Rasūl Allāh ﷺ Bāb Mā Jāʾ fī Faḍl Ṣawm ʿArafah #749

  5. Abū Dāwūd, Sunan: Kitāb al-Ṣawm Bāb fī Ṣawm al-ʿAshr #2437, Al-Nasāʾī, Sunan: Kitāb al-Ṣiyām Bāb Ṣawm al-Nabī ﷺ - bi abī huwa wa ummī - wa dhikr ikhtilāf al-nāqilīn li al-khabar fī dhālik #2372, and Bād Kayf Yaṣūm thalātah Ayyām fī kull shahr wa wa dhikr ikhtilāf al-nāqilīn li al-khabar fī dhālik #2417

  6. Al-Bukhārī, Ṣaḥīḥ: Kitāb al-ʿĪdayn Bāb Faḍl al-ʿAmal fī Ayām al-Tashrīq #969, Al-Tirmidhī, Jāmiʿ: Kitāb al-Ṣawm ʿan Rasūl Allāh ﷺ Bāb Mā Jāʾ fi al-ʿAmal fī Ayām al-Tashrīq #757, Abū Dāwūd, Sunan: Kitāb al-Ṣawm Bāb fī Ṣawm al-ʿAshr #2438, Ibn Mājah, Sunan: Kitāb al-Ṣiyām

  7. لَن يَنَالَ اللَّهَ لُحُومُهَا وَلَا دِمَاؤُهَا وَلَٰكِن يَنَالُهُ التَّقْوَىٰ مِنكُمْ ۚ كَذَٰلِكَ سَخَّرَهَا لَكُمْ لِتُكَبِّرُوا اللَّهَ عَلَىٰ مَا هَدَاكُمْ ۗ وَبَشِّرِ الْمُحْسِنِينَ - 22:37

  8. This is according to the Ḥanafīs. Below is a brief overview of the differences of opinion:

    Ḥanafīs: It is an obligation on each individual.

    Mālikīs: It is a highly recommended action (sunnah muʾakkadah) for each individual and can be done for a household with certain conditions.

    Shāfiʿīs and Ḥanbalīs: It is a highly recommended action (sunnah muʾakkadah) for an individual or a household.

  9. $9,700: This is based on the gold standard. This is the price of 3 oz of gold, which was checked on 5/15/25. Extra possessions: i.e., one does not need to have this much in liquid cash, but only if one’s extra possessions — such as an extra car, laptop, phone, jewelry, etc — reach or exceed this amount. This, according to Ḥanafīs, is known as niṣāb ḥirmān al-zakāh, the amount of financial assets rendering an individual ineligible to receive Zakāh.

  10. Al-Bukhārī, Ṣaḥīḥ: Kitāb al-ʿĪdayn Bāb Kalām al-Imām wa al-Nās fī khuṭbah al-ʿĪd wa idhā suʾila al-Imām ʿan shayʾ wa huwa yakhṭub #985, Muslim, Ṣaḥīḥ #1960

  11. This is according to many later scholars from the four schools (Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī). Some early Shāfiʿīs and Ḥanbalīs considered it wājib (necessary) to avoid cutting one’s hair and nails. See: Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 5 p. 170-1.

    It should be noted that Imāms Abū Ḥanīfah, Abū Yūsuf, Muḥammad Al-Shaybānī, and Mālik (raḥimahum Allāh) did not consider this act of refraining from cutting one’s hair and nails to be wājib or even sunnah. See: Al-Ṭaḥāwī, Sharḥ Maʿānī Al-Āthār K. Al-Ṣayd [...] B. Man Awjaba Uḍḥiyah [...] and Al-Ṭaḥāwī, Sharḥ Mushkil Al-Āthār B. Bayān Mushkil Mā Ruwiya ʿAn Rasūl Allāh ﷺ min qawlih “man raʾā minkum hilāl dhī al-ḥijjah [...]”. Note that in Sharḥ Mushkil Al-Āthār, Al-Ṭaḥāwī opines that one should avoid cutting one’s hair and nails, acknowledging that it goes against Abū Ḥanīfah and his school, and Mālik and his school.

  12. Muslim, Ṣaḥīḥ #1977, Al-Tirmidhī, Jāmiʿ: Kitāb al-Aḍāḥī ʿam Rasūl Allāh ﷺ Bāb tark akhdh al-shaʿr li man arād an yuḍaḥḥī

  13. Namely ʿAbd Allāh ibn Masʿud, ʿAbd Allāh ibn ʿUmar, and ʿAbd Allāh ibn ʿAbbas

  14. A prayer typically used for the companions of the Prophet ﷺ meaning “May God be pleased with them.”

  15. Al-Ḥāfiẓ Ibn Qudāmah, Al-Mughnī : Kitāb al-Aḍāḥī v. 9 p. 448-9.

  16. لِّیَشۡهَدُوا۟ مَنَـٰفِعَ لَهُمۡ وَیَذۡكُرُوا۟ ٱسۡمَ ٱللَّهِ فِیۤ أَیَّامࣲ مَّعۡلُومَـٰتٍ عَلَىٰ مَا رَزَقَهُم مِّنۢ بَهِیمَةِ ٱلۡأَنۡعَـٰمِۖ فَكُلُوا۟ مِنۡهَا وَأَطۡعِمُوا۟ ٱلۡبَاۤىِٕسَ ٱلۡفَقِیرَ- 22:28

  17. Ṣaḥīḥ Muslim #1963-5

  18. This can be in terms of a broken horn, missing ear, blindness, limp, sickness, etc. Al-Tirmidhī, Jāmiʿ: Kitāb al-Aḍāḥī ʿan Rasūl Allāh ﷺ Bāb fī al-Ḍaḥiyyah bi ʿĀḍbāʾ al-Qarn wa al-Udhun #1504, Abū Dāwūd, Sunan: Kitāb al-Ḍaḥāyā Bāb Mā Yukrah fī al-Ḍaḥāyā

  19. Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 5 p. 81-2.

  20. This includes lambs which is the term for a newborn/baby sheep, and rams which are mature male sheep. The term sheep is the name for the general genus of the animal.

  21. This is according to all 4 schools.

  22. This is according to the Ḥanafī’s and Ḥanbalīs.

  23. The Shāfiʿīs state that goats must be at least two years old.

  24. This includes cows, bulls, and buffalos.

  25. Al-Tirmidhī, Jāmiʿ: Kitāb al-Aḍāḥī ʿan Rasūl Allāh ﷺ Bāb Mā Jāʾ fī al-Ishtirāk fī al-Uḍḥiyah #1502 & Bāb fī al-Ḍaḥiyyah bi ʿĀḍbāʾ al-Qarn wa al-Udhun #1503

  26. This can also be recited by saying Allāhu Akbar (اَللهُ أَكْبَرُ) three times (3x) at the beginning instead of twice (2x).

  27. Ibn Mājah, al-Sunan Kitāb Iqāmah al-Ṣalāh wa al-Sunnah fīhā, v.1 p. 349 #1098

  28. This is, of course, if a person already has nice clothes, or has the means to buy nice clothes. If a person does not have such means and can only wear their regular clothes on Eid, there is absolutely no blame on that person.

  29. al-Bukhārī, Ṣaḥīḥ Kitāb al-ʿĪdayn Bāb fī al-ʿĪdayn wa al-Tajammul fīh

  30. Al-Tirmidhī, Jāmiʿ: Abwāb al-ʿĪdayn ʿan Rasūl Allāh ﷺ Bāb mā jāʾa fī al-akl yawm al-Fiṭr qabl al-khurūj #542

  31. The Ḥanafīs prefer to only say Allāhu Akbar twice in both instances, as opposed to thrice and then twice. This is based on the the answer of the tābiʿī, Abū Isḥāq, who was asked by his student Sharīk, “How would ʿAli (raḍiya Allāh ʿanh) and ʿAbd Allāh ibn Masʿūd (raḍiya Allāh ʿanh) recite the takbīrāt of Eid?” Abū Isḥāq responded with the above phrase, with Allāhu Akbar repeated twice in both places. — Ibn Abī Shaybah, Muṣannaf, Ḥadīth #5653.

  32. al-Bukhārī, Ṣaḥīḥ Kitāb al-ʿĪdayn Bāb man khālfa al-Ṭarīq idhā rajaʿa yawm al-ʿĪd

  33. al-Bayhaqī, al-Sunan al-Kubrā Kitāb Ṣalāh al-ʿĪdayn Bāb m ruwya fī qawl al-nās yawm al-ʿĪd baʿḍuhum li baʿḍ taqabbal Allāh minnā wa mink

  34. According to the Ḥanafīs, the Eid Prayer is wājib (mandatory) for the one whom the Friday Prayer is obligatory (farḍ) upon. According to the Mālikīs and Shāfʿīs it is sunnah muʾakkadah (emphasized sunnah). According to the Ḥanbalīs it is a communal obligation (farḍ kifāyah) — Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 31 p. 114.

  35. This is according to the Ḥanafī school. Also according to the Ḥanafīs, if an adult non-traveling male missed the Eid Prayer due to negligence, then he would be liable for sin in front of Allāh, and he should actively ask Allāh for forgiveness (istighfār) and repent to Allāh (tawbah).

  36. This is according to the Mālikī, Shāfiʿī, and Ḥanbalī schools. This is based on a narration by ʿUbayd Allāh ibn Abī Bakr ibn Anas (raḥimahum Allāh), saying that if his grandfather, Anas ibn Mālik (raḍiya Allāh ʿanh) - the companion and servant of the Prophet ﷺ - missed the communal Eid Prayer, he would gather his family together and would lead them in Eid Ṣalāh just like the large communal congregations. Al-Bayhaqī, al-Sunan al-Kubrā Bāb Ṣalāh al-ʿĪdayn Sunnah Ahl al-Islām ḥayth kānū #6237, v. 3 p. 427.

  37. This is according to the Ḥanafī, Mālikī, and Ḥanbalī schools, and some Shāfiʿī scholars.

  38. For brevity, questions that can have multiple opinions that have not been addressed earlier in the article will only be responded to with the Ḥanafī position.

  39. This is according to the Ḥanafī school, and Al-Imām Mālik and his school. According to Al-Imām Al-Shāfiʿī, Jumuʿah is not required for someone who prayed Eid Ṣalāh. According to Al-Imām Aḥmad, Jumuʿah is not required for someone who prayed Eid Ṣalāh, however, the imām (leader) [and thus the Masjid] should still hold the Friday Sermon and Prayer. See: Mūsā ibn Rāshid Al-ʿĀzimī, Al-Sīrah Al-ʿUthmāniyyah p. 181-3

  40. There are narrations wherein the Prophet ﷺ said, “None of you should fast on Friday, unless you also fast the day before or after.” (Al-Bukhārī, Ṣaḥīḥ K. al-Ṣawm B. Ṣawm Yawm al-Jumuʿah, fa idhā Aṣbaḥ Ṣāʾimā Yawm al-Jumuʿah fa ʿalayhi an Yufṭir. Muslim, Ṣaḥīḥ #1143a-1144b) However, most scholars have understood this to mean singling out any random Friday (or every Friday) for fasting, because it is the day of Friday, or to ensure that people do not think it is necessary (wājib) to fast on Friday. Since people are fasting because it is ʿĀshūrāʾ (or any other recommended day), that dislike or prohibition would not apply in the first place. For more information, see Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 28 p. 96.

  41. This is according to the Ḥanafīs, and Ḥanbalīs. The Shāfiʿīs do allow it, as do the Mālikīs as long as it’s not at the Eid Grounds.

    As for praying extra prayers at home, there are more details and differences of opinion. In sum: Ḥanafīs consider it disliked to pray extra nafl prayers at home only before Eid (perhaps an exception can be made if it’s someone’s daily habit to do so). But anything after at home is fine. Mālikīs consider it permissible before and after as long as it’s not at the Eid Grounds. Shāfiʿīs allow it unconditionally. Ḥanbalīs consider it disliked unconditionally. مذاهب العلماء في النافلة عند صلاة العيد وأثناء الخطبة

  42. For more details regarding questions 8 and 9, please see: The Fiqh of Eid al-Fitr & Eid al-Adha. Al-Ṭaḥṭāwī, Ḥāshiyah, p. 534.

  43. This will be done just by moving the tongue and lips. One should not be raising their hands in this scenario.

  44. According to the Ḥanafī school.

What is Most Beneficial for The Poor? A Discussion on Silver and Gold Niṣāb

الحمد لله والصلاة والسلام على رسول الله

وعلى آله وصحبه أجمعين ومن تبعهم بإحسان إلى يوم الدين

اللهم اجعلنا منهم

We begin by mentioning the Name of The One True God, Allāh, The Infinitely Caring, Eternally Compassionate. We sincerely praise and thank God to the highest extent, and ask Him to bless, protect, honor, and compliment our Prophet and Messenger Muḥammad, his family, his companions, and those that diligently follow them until the end of times. Dear God, please include us from amongst them.

Mandate of Charity (Zakāh & Ṣadaqah)

Allāh ﷻ[1] regularly commands us and teaches us to give Zakāh (mandatory charity) and Ṣadaqah (optional charity) in the Qurʾān, “يَا أَيُّهَا الَّذِينَ آمَنُوا أَنْفِقُوا - Believers! Spend your wealth for the sake of Allāh![2] He ﷻ also says who Zakāh should go to when He says, “إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ - Zakāh can only be given to the poor, the needy, the [...][3]

There is a well known guiding principle in Zakāh that one should do what is “أنفع للفقراء والمساكين - What is more beneficial for the poor and needy.” This is especially clear from the Ḥanafī school,[4] and is seen in other schools as well.[5] The question arises though - as we look at the community of Los Angeles and Orange County in the year 2025 - which metric of niṣāb[6] should we use? Should it be gold or silver?

What is “Niṣāb”?

First, let us briefly explain the niṣāb of Zakāh. The Prophet ﷺ[7] said, “لَيْسَ ... فِيمَا دُونَ خَمْسِ أَوَاقٍ صَدَقَةٌ - There is no Zakāh due on less than 5 awāq (singular: ūqiyyah) of silver.”[8] Ūqiyyah refers to 40 silver coins (dirham), not to be confused with the modern currencies called dirham. Thus, we know the niṣāb of silver is 200 dirhams. So if someone has 200 silver coins, they have to pay Zakāh. There are other narrations which define the niṣāb for gold. For example, the Prophet ﷺ said, “لَيْسَ عَلَيْكَ شَىْءٌ حَتَّى يَكُونَ لَكَ عِشْرُونَ دِينَارًا - You do not pay Zakāh unless you have 20 dīnārs (gold coins).”[9]

How much must they pay? When the great companion Abū Bakr Al-Ṣiddīq (raḍiya Allāh ʿanh[10]) sent the noble companion Anas ibn Mālik (raḍiya Allāh ʿanh[11]) as a Zakāh collector to Baḥrayn, he wrote him a letter saying “هَذِهِ فَرِيضَةُ الصَّدَقَةِ الَّتِي فَرَضَ رَسُولُ اللَّهِ ﷺ عَلَى الْمُسْلِمِينَ وَالَّتِي أَمَرَ اللَّهُ بِهَا رَسُولَهُ - This is the obligatory charity (Zakāh) that the Messenger of God ﷺ[12] obligated on the Muslims and that God commanded His Messenger to enact.” At the end of that letter, the great companion Abū Bakr Al-Ṣiddīq (raḍiya Allāh ʿanh[13]) wrote, “وَفِي الرِّقَةِ رُبْعُ الْعُشْرِ فَإِنْ لَمْ تَكُنْ إِلاَّ تِسْعِينَ وَمِائَةً فَلَيْسَ فِيهَا شَىْءٌ إِلاَّ أَنْ يَشَاءَ رَبُّهَا - In regards to silver, 1/40th (meaning 2.5%) is to be paid in Zakāh. If it happens to be 190 silver coins (dirhams), then there is no Zakāh due, unless the person wants to donate.”[14] That is also mentioned in the great companion ʿUmar ibn Al-Khaṭṭāb (raḍiya Allāh ʿanh[15])’s letters detailing Zakāh, wherein he states at the end, “فِي الرِّقَةِ إِذَا بَلَغَتْ خَمْسَ أَوَاقٍ رُبُعُ الْعُشْرِ - If one has 5 ūqiyyah of silver, then 1/40th of it is due in Zakāh.”[16] The same percentage, that is 2.5% or 1/40th, also applies to gold. The Prophet ﷺ said, “وَلَيْسَ عَلَيْكَ شَىْءٌ حَتَّى يَكُونَ لَكَ عِشْرُونَ دِينَارًا فَإِذَا كَانَ لَكَ عِشْرُونَ دِينَارًا وَحَالَ عَلَيْهَا الْحَوْلُ فَفِيهَا نِصْفُ دِينَارٍ - You do not pay Zakāh unless you have 20 dīnārs (gold coins). If you have 20 dīnārs (gold coins), and you have it for an entire lunar/hijrī year, then you have to pay 1/2 a dīnar in Zakāh (i.e., 1/40th aka 2.5%).”[17]

From these narrations, many jurists (fuqahāʾ) view gold and silver to have a separate niṣāb. That is to say that the niṣāb for silver is 200 silver coins, and the niṣāb for gold is 20 gold coins, and that the gold is not to be compared to silver as a standard.[18] In brief, they prefer those narrations which mention that the Prophet ﷺ taught that 1/2 a dīnar (gold coin) is to be paid in Zakāh once someone owns at least 20 gold coins for a year.[19] Other scholars only looked at the narrations of silver, and would always do a conversion of the value of gold to silver.[20] These scholars who prefer to always compare the value of gold to 200 silver coins (dirhams) give preference, most likely[21], to the numerous and stronger narrations that focus on Zakāh of wealth being based on 200 silver coins (i.e., the ḥadīth of Abū Bakr Al-Ṣiddīq and ʿUmar ibn Al-Khaṭṭāb (raḍiya Allāh ʿanhumā[22]) in Ṣaḥīḥ Al-Bukhārī and Muwaṭṭaʾ Mālik, respectively, that came earlier).

It should be noted that, for the remainder of this discussion, we will be looking at the values of the gold and silver niṣāb because we are applying it to cash/currency (nuqūd). From the above narrations of the Prophet ﷺ, it is clear that someone who has 200 silver coins for a year must give 5 silver coins in Zakāh and someone who has either 20 miqthāl of gold (or the equivalent to 200 silver coins) must give a 1/2 miqthāl of gold in Zakāh.

As mentioned earlier, this discussion will be focused on the Muslims of Los Angeles and Orange County in the year 2025. Before we do that, we need to convert 200 silver coins and 20 mithqāls of gold into units we can easily measure. Shaykh Joe Bradford (ḥafiẓahu Allāh wa raʿāh - May God preserve him) writes on his Niṣāb Calculator, “The Niṣāb amounts [...] are derived from the following authoritative sources: For the Hanafi school, according to the Fatwa of Mufti Muhammad Shafi of Deoband, the Niṣāb is 87.48 grams of gold or 612.36 grams of silver. For the Shafii, Hanbali, Maliki schools, according to the Dar al-Ifta of Al-Azhar and of Jordan, the Mufti of the Federal Territory’s Office of Malaysia, and the Wizārat al-Awqāf of both Morocco and the KSA, the Niṣāb is 85.0 grams of gold or 595.0 grams of silver. This is also the standard adopted by AAOIFI.”[23] It should be noted that regardless of which weights we use, the outcome will be nearly identical.

As of 1:15 a.m. on Friday, March 21, 2025[24]:

 

Mālikī, Shāfiʿī, Ḥanbalī - AAOIFI

Ḥanafī (Deoband, Mufti Shafīʿ)

Silver

$633.77

$652.16

Gold

$8277.41

$8518.64

Let’s explore some scenarios using the higher niṣāb calculation for the sake of consistency.

Defining the Question and Its Application

Simply put, what is the question at hand, and why does it matter?

The question is as follows: should the niṣāb of Zakāh be based on (a) the value of 20 mithqāls of gold or (b) the value of 200 silver coins. In the past, this was not really an issue because 20 mithqāls of gold was equal to 200 silver coins, or only marginally different.

Why it matters: If we employ the niṣāb at the value of silver, then someone who possesses $650 for one lunar/hijrī year must not only pay Zakāh, but will not be eligible to receive Zakāh. If we employ the niṣāb at the value of gold, then someone who possesses $8,500 for one lunar/hijrī year must not only pay Zakāh, but will not be eligible to receive Zakāh.

At the end of the day, both approaches are completely valid, in their respective contexts. Scholars, zakāh givers, and zakāh recipients - we hope - will have their efforts accepted and rewarded by Allāh. It is with this background that we can try and add a layer of nuance to this discussion. We can look back and comfortably say that there are giant scholars from the tābiʿūn[25] and the leading jurists (fuqahāʾ) who held each opinion, thus we find comfort in saying there is correctness in both. Based on that, we can, perhaps, prefer one opinion over the other based on other principles we have available to us, like doing “ما هو أنفع للفقراء - what will be better for the poor”[26].

Gold or Silver? Who is “Poor”?

Allāh has created the niṣāb to establish a baseline of ghinā (rich-ness or self-sufficiency). So what is expected from the paying of zakāh is giving someone currently in need an amount that will hopefully make them, or help them become, self-sufficient.[27] One has to ask, will giving a poor person in LA or Orange County $17 make them self-sufficient?

At the same time, no one should ever belittle any amount given for the sake of Allāh. Allāh ﷻ actually criticizes the hypocrites for doing this, “الَّذِينَ يَلْمِزُونَ الْمُطَّوِّعِينَ مِنَ الْمُؤْمِنِينَ فِي الصَّدَقَاتِ وَالَّذِينَ لا يَجِدُونَ إِلا جُهْدَهُمْ فَيَسْخَرُونَ مِنْهُمْ سَخِرَ اللَّهُ مِنْهُمْ وَلَهُمْ عَذَابٌ أَلِيمٌ - As for those who criticize believers who donate extra for the sake of Allāh as well those believers who work just to earn a little money just so they can give it - they mock the believers for their chairty, Allāh mocks them right back, and they will have a painful punishment.[28] The honorable companion, ʿAbd Allāh ibn Masʿūd (raḍiya Allāh ʿanh[29]) said that when the Muslims were told to give charity, the poor Muslims went to find physical labor jobs just so they could earn money to donate, even though it would not be a lot. When they donated, the hypocrites would say things like, “إِنَّ اللَّهَ لَغَنِيٌّ عَنْ صَدَقَةِ هَذَا - God does not want this measly charity of yours!” And if someone wealthy gave a large amount, the hypocrites would also comment saying, “مَا فَعَلَ هَذَا الآخَرُ إِلاَّ رِيَاءً - This other person who gave more just did it to show off!”[30]

With that being said, let us take a moment to focus on how much money a Muslim needs to have in their bank account for an entire lunar/hijrī year: either ~$650 or ~$8,500. The following is an idea about potentially conceptualizing being “poor” or “needy” in Los Angeles and Orange County from a sociological and financial perspective, and does not explicitly employ any texts from our Sharīʿah (Muslim life and legal code). “As of March 2025, the average rent in Los Angeles, CA is $2,167 per month. This is 39% higher than the national average rent price of $1,559/month, making Los Angeles one of the most expensive cities in the US. When you rent an apartment in Los Angeles, you can expect to pay about $1,709 per month for a studio, $2,167 for a one-bedroom apartment, and around $2,993 for a two-bedroom apartment.[...]”[31] “Because the average rent in Los Angeles is $2,167, you’ll want to make about $7,223 per month or $86,676 per year. The general guideline is to pay no more than 30 percent of your monthly income on rent. However, you’ll want to consider additional factors, such as your monthly bills and other expenses. [...]”[32]

Average rent by unit type for a handful of LA/OC cities[33]:

 

Studio

One Bedroom

Salary to live comfortably

Los Angeles, CA

$1,709/month

$2,167/month

$86,676/year

Anaheim, CA

$1,956/month

$2,086/month

$83,436/year

Irvine, CA

$2,702/month

$2,879/month

$115,152/year

Pomona, CA

$1,586/month

$1,753/month

$70,116/year

Huntington Beach, CA

$2,198/month

$2,457/month

$97,956/year

The lowest cost of rent per month from the above list - Pomona, CA - is just about $1,600 for a studio. That is nearly 250% (2.5x) more than the silver niṣāb of ~$650. And if we assume someone makes the salary to live comfortably, ~$70,000, and then only has ~$650 in the bank account at the start and end of the lunar/hijri year, that person will have less than 1% of their yearly salary saved. Many people would consider this individual poor.

It is also crucial to note that many property managers require a security deposit to start the lease contract (if not during the application process). Generally speaking, the security deposit is 1 month’s rent (although it can be higher depending on the region). That means someone who has barely crossed the value of the silver niṣāb does not have sufficient funds to pay the security deposit, potentially opening the door for homelessness!

It must be noted that we cannot create some artificial halfway niṣāb between silver and gold.[34] We must pick either the silver, or the gold. The usual theory behind “what is best for the poor” is that more people give zakāh. If more people give, more people receive. Which is true. But in this scenario, we have to ask ourselves, is the individual living in Pomona, CA with only about a month’s worth of rent in their bank account (including any retirement accounts, stocks, etc) poor? Are they someone we can view as a faqīr or miskīn? Obviously the niṣāb is a standard measure to determine that; but if we compare someone who has $8,500 saved over a year vs $800 over a year - in LA/OC - is there a clear difference in financial stability? Then compare someone who has $800 over a year vs someone who has $600, or even $100 saved; I would think most people would see a huge difference between $8,500 vs $800 as opposed to $800 vs $600.

I cannot help but think of the companion who was intimate with his wife while fasting in Ramaḍān. He came to the Prophet ﷺ saying he has destroyed himself. The Prophet ﷺ then discussed the expiation (kaffārah) of this major violation, and asked if he could free a slave, to which he replied in the negative. Then the Prophet ﷺ asked if he could fast 2 straight months, to which he replied in the negative. Then the Prophet ﷺ asked if he could feed 60 poor people, to which he replied in the negative. Then someone brought a large basket of dates for the Prophet ﷺ. The Prophet ﷺ called that man and told him to donate this basket of dates to make up for (kaffārah) violating the fast. The man replied - and this is the point I am trying to make - “In all of Al-Madīnah, is there anyone poorer or more in need of these dates than me?”[35]

Principles of Ease (Taysīr) and Precaution (Iḥtiyāṭ)

Lastly, Abū Ḥanīfah (raḥimahu Allāh[36]) and his circle were proponents of “raʾy al-mubtalā” (the self-assessment of the individual in question) as opposed to defining standard measurements.[37] If Abū Ḥanīfah (raḥimahu Allāh[38]) ever did himself define quantities, then it was for the purpose of ease (taysīr), and was often limited to employing only the amount mentioned by Allāh or the Prophet Muḥammad ﷺ out of precaution (iḥtiyāṭ). In the case of zakāh, Abū Ḥanīfah (raḥimahu Allāh[39]) and his circle went with the hard and fast standard given by Allāh and the Prophet Muḥammad ﷺ: that of the niṣāb of 200 dirhams (or 20 mithqāls of gold). If someone has it (after debts have been accounted for), they are considered “wealthy” and must pay zakāh. If someone does not have the niṣāb, then they are not required to pay. That is clear and agreed upon. But how does one decide who receives zakāh? Allāh ﷻ gives us the categories of those can receive zakāh, but did not detail the conditions to be included within that category. Allāh ﷻ says, “إِنَّمَا الصَّدَقَاتُ لِلْفُقَرَاءِ وَالْمَسَاكِينِ - Zakāh can only be given to the poor, the needy, the [...][40] Allāh did not define fuqarāʾ or masākin by mentioning an amount of gold, silver, or the number of animals they need to own. Thus, many jurists left this as a flexible category that will differ by time and place and is subject to the judgment of those in charge of collecting and receiving Zakāh. However, Abū Ḥanīfah (raḥimahu Allāh[41]) and his circle, out of both ease (taysīr) and precaution (iḥtiyāṭ) employed that same metric of “richness” (ghinā) - that of the niṣāb - to determine not only who does pay and does not pay, but also to determine who is eligible to receive Zakāh.[42] Thus, ease (taysīr) is a guiding principle in the Ḥanafī School when it comes to Zakāh.[43] Thus, if someone does not reach the niṣāb, nor do their extra possessions[44] reach niṣāb ḥirmān al-zakāh (which is based on the niṣāb)[45], they qualify as a zakāh recipient.

Conclusion

In summary, sticking to the theme of both ease (taysīr) and precaution (iḥtiyāṭ), perhaps we can keep the Gold Niṣāb as the standard for determining Zakāh-Giving Eligibility in LA and Orange County. Thus, someone who HAS the silver niṣāb, but NOT the gold niṣāb, is NOT required to pay Zakāh (i.e., it is not farḍ or wājib on them). This is also the conclusion and fatwā[46] given by the American Fiqh Academy[47].[48]

If we were to provide a more nuanced answer, we can, based on the conclusion above, employ the gold niṣāb as the default standard and then combine it with the self-assessment of the individual in question (raʾy al-mubtalā). In simple terms, a person will ask his or herself if they are in need of Zakāh if they have crossed the silver niṣāb but have not crossed the gold niṣāb. Examples:

Allāh knows best.

Checked and approved by Shaykh Mawlāna Dr. Abū Zaynab Furhan ibn Mazhar Zubairi (ḥafiẓahu Allāh wa raʿāh - May God preserve him and lovingly look after him [as well as his family, teachers, and students])

اللهم فهمنا

ربنا زدنا علما

اللهم فقهنا في الدين وعلمنا التأويل

اللهم معلم آدم وإبراهيم ومحمد علمنا مما علمتهم

اللهم ارزقنا علما نافعا وحكمة بالغة

اللهم افتح علينا فتوح العارفين

يا فتاح يا عليم

اللهم صل وسلم على نبيك المصطفى الكريم

وعلى آله وصحبه أجمعين ومن تبعهم بإحسان إلى يوم الدين

اللهم اجعلنا منهم

Written in the blessed month of Ramaḍān 1446

Footnotes

  1. Unicode for jalla jalāluhu, meaning: His (God’s) Majesty is exalted and far above everything else

  2. Al-Qurʾān: Al-Baqarah (2:254, 2:267)

  3. Al-Qurʾān: Al-Tawbah (9:60)

  4. Al-Qudūrī, Al-Tajrīd K. Al-Zakāh Masʾalah #336 v. 3 p. 1137 and Al-Qudūrī, Al-Mukhtaṣar K. Al-Zakāh B. Zakāh Al-ʿUrūḍ p. 57

  5. Like the Ḥanbalī school. See Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 13 p. 171

  6. The amount of funds/possessions that must be owned for one to be legally responsible for paying Zakāh

  7. Unicode for ṣallā Allāhu ʿalayhi wa sallāma, meaning: may Allāh (God) bless, honor, and preserve the legacy of Prophet Muḥammad (or whoever is mentioned)

  8. Muslim, Ṣaḥīḥ (first ḥadīth of the chapter) with the full wording being “لَيْسَ فِيمَا دُونَ خَمْسَةِ أَوْسُقٍ صَدَقَةٌ وَلاَ فِيمَا دُونَ خَمْسِ ذَوْدٍ صَدَقَةٌ وَلاَ فِيمَا دُونَ خَمْسِ أَوَاقٍ صَدَقَةٌ” and Al-Bukhārī, Ṣaḥīḥ: K. Al-Zakāh B. Mā Uddiy Zakātuh fa Laysa bi Kanz #1405 with the full wording being “لَيْسَ فِيمَا دُونَ خَمْسِ أَوَاقٍ صَدَقَةٌ، وَلَيْسَ فِيمَا دُونَ خَمْسِ ذَوْدٍ صَدَقَةٌ، وَلَيْسَ فِيمَا دُونَ خَمْسِ أَوْسُقٍ صَدَقَةٌ.”

  9. Abū Dāwūd, Sunan K. Al-Zakāh B. Fī Zakāh Al-Sāʾimah. There is a discussion about the strength of this narration, as well as it’s attribution being to the great companion ʿAlī ibn Abī Ṭālib (raḍiya Allāh ʿanh) or the Prophet Muḥammad ﷺ.

  10. May God be pleased with him

  11. May God be pleased with him

  12. May God bless and honor him

  13. May God be pleased with him

  14. Al-Bukhārī, Ṣaḥīḥ K. Al-Zakāh B. Zakāh Al-Ghanam

  15. May God be pleased with him

  16. Mālik, Muwaṭṭaʾ K. Al-Zakāh

  17. Abū Dāwūd, Sunan K. Al-Zakāh B. Fī Zakāh Al-Sāʾimah. There is a discussion about the strength of this narration, as well as it’s attribution being to the great companion ʿAlī ibn Abī Ṭālib (raḍiya Allāh ʿanh) or the Prophet Muḥammad ﷺ.

  18. Like the entire Ḥanafī School. Al-Imām Muḥammad ibn Al-Ḥasan Al-Shaybānī (rahimahu Allāh) writes, “وليس في أقل من عشرين مثقالا ذهبا صدقة. فإذا كانت عشرين مثقالا ذهبا وحال عليها الحول ففيها نصف مثقال ذهب. بلغنا ذلك عن رسول الله ﷺ - There is no Zakāh due if one has less than 20 mithqāls of gold. If one has 20 mithqāls of gold for a year, then 1/2 a mithqāl of gold is to be paid. This has reached us from the Messenger of Allāh ﷺ.” See Al-Shaybānī, Al-Aṣl v.2 p. 91-2. This is also the opinion of ʿUmar ibn ʿAbd Al-ʿAzīz (raḥimahu Allāh) who said, “حَتَّى يَبْلُغَ عِشْرِينَ دِينَارًا - until it reaches 20 gold coins” and Al-Imām Mālik (raḥimahu Allāh) who said, “السُّنَّةُ الَّتِي لاَ اخْتِلاَفَ فِيهَا عِنْدَنَا أَنَّ الزَّكَاةَ تَجِبُ فِي عِشْرِينَ دِينَارًا عَيْنًا كَمَا تَجِبُ فِي مِائَتَىْ دِرْهَمٍ - The Sunnah that is agreed upon is that Zakāh becomes mandatory once someone has 20 gold coins, just like it becomes mandatory on someone who has 200 silver coins.” See Mālik, Muwaṭṭaʾ K. Al-Zakāh

  19. Abū Dāwūd, Sunan K. Al-Zakāh B. Fī Zakāh Al-Sāʾimah (لَيْسَ عَلَيْكَ شَىْءٌ - يَعْنِي فِي الذَّهَبِ - حَتَّى يَكُونَ لَكَ عِشْرُونَ دِينَارًا فَإِذَا كَانَ لَكَ عِشْرُونَ دِينَارًا وَحَالَ عَلَيْهَا الْحَوْلُ فَفِيهَا نِصْفُ دِينَارٍ), Ibn Mājah, Sunan K. Al-Zakāh B. Zakāh Al-Wariq wa Al-Dhahab (أَنَّ النَّبِيَّ ﷺ كَانَ يَأْخُذُ مِنْ كُلِّ عِشْرِينَ دِينَارًا فَصَاعِدًا نِصْفَ دِينَارٍ وَمِنَ الأَرْبَعِينَ دِينَارًا دِينَارًا). For more attributions to the Prophet ﷺ, see: Al-Zaylaʿī, Naṣb Al-Rāyah K. Al-Zakāh B. Zakāh Al-Dhahab v. 2 p. 369

  20. Badr Al-Dīn Al-ʿAynī, Al-ʿInāyah Sharḥ Al-Hidāyah K. Al-Zakāh B. Zakāh Al-Dhahab v. 3 p. 375

  21. The author is assuming this, and did not find any explicit proof for this.

  22. May God be pleased with both of them

  23. https://joebradford.net/nisab/ accessed March 21, 2025

  24. Ibid.

  25. Students of the companions (ṣaḥabah). Singular: tābiʿiyy

  26. Al-Qudūrī, Al-Tajrīd K. Al-Zakāh Masʾalah #336 v. 3 p. 1137 and Al-Qudūrī, Al-Mukhtaṣar K. Al-Zakāh B. Zakāh Al-ʿUrūḍ p. 57

  27. Al-Sarakhsī, Uṣūl (Tamhīd Al-Fuṣūl fī Al-Uṣūl) p. 68 “فالمطلوب بالأداء إغناء المحتاج وإنما

    يتحقق الإغناء بصفة الحسن من الغني كما يتحقق التمليك من المالك وأحوال الناس تختلف في صفة الغنى بالمال فجعل الشرع لذلك حدا وهو ملك النصاب تيسيرا”

  28. Al-Qurʾān: Sūrah Al-Tawbah (9:79)

  29. May God be pleased with him

  30. Al-Bukhārī, Ṣaḥīḥ: K. Al-Zakāh B. Al-Ḥaml bi Ujrah ..., Muslim, Ṣaḥīḥ

  31. https://www.apartments.com/rent-market-trends/los-angeles-ca/ accessed March 21, 2025

  32. Ibid.

  33. Ibid.

  34. Badr Al-Dīn Al-ʿAynī, Al-ʿInāyah Sharḥ Al-Hidāyah

  35. Al-Bukhārī, Ṣaḥīḥ: K. Al-Ṣawm B. Idhā Jāmaʿ fī Ramaḍān ... (أَعَلَى أَفْقَرَ مِنِّي يَا رَسُولَ اللَّهِ), Muslim, Ṣaḥīḥ (أَفْقَرَ مِنَّا فَمَا بَيْنَ لاَبَتَيْهَا أَهْلُ بَيْتٍ أَحْوَجُ إِلَيْهِ مِنَّا)

  36. May God be kind to him

  37. Such as defining a “large” body of water, or the number of times to clean a garment to remove filth.

  38. May God be kind to him

  39. May God be kind to him

  40. Al-Qurʾān: Al-Tawbah (9:60)

  41. May God be kind to him

  42. An overview given by Shaykh Sohail Hanif in a class on Uṣūl Al-Sarakhsī (ḥafiẓahu Allāh wa raʿāh - May God preserve him and lovingly look after him [as well as his family, teachers, and students])

  43. Al-Sarakhsī, Uṣūl (Tamhīd Al-Fuṣūl fī Al-Uṣūl) p. 68 “لأن الشرع إنما أوجب الأداء بصفة اليسر ولهذا خصه بالمال النامي وما أوجب الأداء إلا بعد مضي حول ليتحقق النماء فيكون المؤدى جزءا من الفضل قليلا من كثير وذلك غاية في اليسر فأما أصل التمكن من الأداء يثبت بكل مال فلو بقي الواجب بعد هلاك المال لم يكن المؤدى بصفة اليسر بل يكون بصفة الغرم” (amongst other quotations. For more information on how Zakāh is “easy”, see: https://youtu.be/TGZ0T1C3Gm4

  44. Extra possessions: i.e., one does not need to have this much in liquid cash, but only if one’s extra possessions — such as an extra car, laptop, phone, jewelry, etc — reach or exceed this amount.

  45. Niṣāb ḥirmān al-zakāh, according to Ḥanafīs, is that one possess the niṣāb in extra non-zakātable assets (see previous footnote), thus rendering an individual ineligible to receive Zakāh.

  46. Legal edict

  47. May God bless them

  48. https://fiqhacademy.com/res04/

  49. May God be pleased with him

  50. Al-Bukhārī, Ṣaḥīḥ K. Al-Zakāh B. Zakāh Al-Ghanam

  51. There is slightly more nuance when it comes to adding in the value of one’s cash to one’s Zakāt-able assets after one has reached the silver niṣāb with silver itself. For more detail, see: Al-Shaybānī, Al-Aṣl: Kitāb Al-Zakāh Bāb Zakāh Al-Māl

Zakāh on 401 (k)

It is a very common practice among the Muslim community for individuals to pay their zakāh during the month of Ramadān. Every year during this time there are several questions regarding what assets are subject to zakāh, how to calculate how much one owes, who zakāh may be given to, and almost everything else related to zakāh. One of the most common questions that is asked is, “Do I have to pay zakāh on my 401 (k) plan?” The short answer is yes.

Zakātable Assets

First of all it is important to understand that it is not necessary to pay zakāh on every type of wealth a person owns. For example, a person’s basic personal needs (al-ḥawā’ij al-aṣliyyah) are exempted. This refers to a person’s house, furniture, clothing, car(s), or any other personal belongings that were not purchased with the intention of resale. Only those assets that have the potential of growth and increase are subject to zakāh. Wealth that is subject to zakāh is classified into five categories:

  1. Cash - regardless of what type of currency it is such as dollars, euros, rupees, riyals, or pounds in your hand, checking account, saving account, stocks, investments or loans.
  2. Gold and silver - regardless of what form it takes such as coins, raw nuggets, bars, jewelry worn or not, and decorative pieces.
  3. Trade goods (merchandise) - refers to any non-monetary (not cash, gold or silver) purchased with the intention, at the time of purchase, of resale.
  4. Livestock - camels, cows and sheep that are meant for grazing
  5. Agricultural output.

Conditions of Zakātable Assets

An asset is technically subject to zakāh if it meets the following seven conditions:

  1. Unrestricted/Complete Ownership (al-milk al-tām) - the asset must be owned completely by the individual in such a way that they may derive benefit from it and transact in it. This requires that in addition to being in their ownership, the wealth is also in their possession and subject to their discretion. In simpler terms they own it and can benefit from it.
  2. Potential of growth - The asset must have the potential to grow and increase.
  3. In excess of basic personal needs - The asset must be in excess of one’s basic personal needs (al-ḥawā’ij al-aṣliyyah) such as a house, clothing or car.
  4. Reaches the niṣāb - The niṣāb is the minimum amount of wealth that makes zakāh obligatory. A person who owns the niṣāb or more is considered, according to the sharīʿah, to be wealthy. For example, the niṣāb of gold is 87.48g ($3,563.06 as of 5/29/2017) and the niṣāb of silver is 612.36g ($342.92 as of 5/29/2017).
  5. One lunar year passes over it - It is necessary for one lunar year to pass over the ownership of the asset.
  6. In excess of any debts

Basics (Very) on 401 (k)

A 401(k) is a retirement savings plan sponsored by an employer. It lets workers save and invest a piece of their paycheck before taxes are taken out.[1] The employee decides how much they want to contribute, and the employer puts the money into an individual account on the employee’s behalf. The investment happens through payroll deduction: the employee decides what percentage of their salary they would like to contribute. From then on, that amount comes straight out of the paycheck and goes into the account automatically. The funds in the account can be invested in a number of different stocks, bonds, funds or other assets, and are not taxed on any capital gains, dividends, or interest until they are withdrawn. As an incentive many employers offer to match a certain percentage of the employee’s contribution.

A 401 (k) has a number of restrictions and regulations that make accessing the money in the account before the age of retirement very difficult. Typically, a person will not have access to their funds until the age of 59 ½ and early withdrawals result in taxes and a 10% penalty.

Zakāḥ on 401 (k)

In order to determine if the funds in a 401 (k) are subject to zakāh we have to analyze and see if they fulfill the conditions mentioned above. Based on how a 401 (k) is structured, it is clear that the money invested in the fund by both the employee and employer along with any gains/profits is owned by the employee. Since it is wealth owned by an individual, it will be subject to zakāh, as long as the other conditions are met.

However, since funds cannot be withdrawn from the plan until the age of 59 ½ without incurring taxes and penalties, zakāh will not be due on it until one has unrestricted access to the money, and at that time zakāh will be owed for all of the previous years. This is similar to the case of money loaned to an individual. If a person gives a loan to an individual that is either documented or acknowledged, then the lender has to pay zakāh on that amount for each year of the loan, payable when the borrower repays it. For the sake of ease and simplicity, most scholars advise individuals to pay zakāh on the total value of the plan each year. It is very difficult to go back and calculate how much one would owe each year for the past ten, twenty, thirty or even more years.

In order to calculate how much zakāh is owed, add the amount of money in a 401 (k) to one’s other assets (cash on hand, balance held in both savings and checking accounts, merchandise, monetary value of gold and silver, etc.), subtract liabilities, and pay 2.5% of the remaining balance, as long as it reaches the niṣāb.

For example, a person’s 401 (k) plan is worth $10,000 and they have another $5,000 in cash, $2,000 in a checking account, $5,000 in a savings account, and $1,000 worth of gold, The total value of zakātable assets is $23,000. They will owe 2.5% of $23,000 in zakāh, which is $575.

What Amount is Subject to Zakāh?

There is a discussion among contemporary scholars regarding what value a person pays on if they are paying zakāh on their 401 (k) every year. Do they pay on the entire value of the plan, or can they subtract the taxes and penalties that they would incur if they were to withdraw early. Mufti Abdurrahman Mangera and Shaykh Faraz Khan are both of the opinion that the taxes and penalties should not be deducted and one should pay zakāh on the total amount in the fund.[2] Shaykh Salah Al-Sawy is of the opinion that you can subtract the taxes and penalties.[3] A person should follow the opinion of a local scholar or imam whose knowledge and expertise they trust and feel comfortable with.

Clarification Regarding Complete Ownership

Oftentimes an argument is made that the ownership of the wealth in a 401 (k) is not complete or unrestricted since a person cannot access funds without incurring taxes and penalties, and therefore should only be subject to one time zakāh when it is time to cash out without penalty. However, the reality is that a person ultimately has control and access to the money in the fund and the ownership should be considered complete for several reasons. A 401 (k) is voluntary; a person voluntarily invests a portion of their paycheck into a fund which is matched up to a certain percentage by their employer. In addition to that the entire purpose of the fund is for the money to grow through gains and profits. The investor also has access to funds, albeit through incurring taxes and penalties. Ultimately, the individual is in control of the funds and is definitely benefitting from them, which is considered complete ownership.

Allah knows best.

Footnotes

  1. http://guides.wsj.com/personal-finance/retirement/what-is-a-401k/

  2. http://www.zamzamacademy.com/files/docs/articles/02Permissibility%20of%20%28and%20Zakat%20on%29%20401k%20Plans%20&%20Other%20Securities.pdf

    http://seekershub.org/ans-blog/2013/05/21/zakat-on-401kretirement-plans/

  3. https://www.zakat.org/en/zakat-resource-center/zakat-and-business/

Civil Divorce and the Extent of its Validity as an Islamic Divorce

Introduction

Within the framework of Islamic Law, a man and a woman become husband and wife after entering into a valid nikāḥ contract. Marriage is a sacred and virtuous union between a man and a woman in which both assume a set of moral and legal rights, obligations, and responsibilities. Ideally, the relationship between a husband and wife is strong and healthy; a bond that is built upon the foundations of love, affection, care, concern, understanding, communication, and compromise.

However, after a couple gets married, the husband and wife do not automatically live happily ever after. There are going to be problems, issues, conflicts, disagreements, arguments, and roadblocks. Marital conflict is part of the marriage experience. Often, marital conflict can be resolved and couples can reach some agreement or compromise. Sometimes, however, couples are simply incompatible and have irreconcilable differences. That is one of the reasons why various mechanisms for the dissolution of a nikāḥ contract have been legislated in Islam.

There are three primary mechanisms for the termination of a nikāḥ contract:

  1. Ṭalāq - Jurists define ṭalāq as the termination of a marital union that was established through a nikāḥ. It is also defined as the dissolution of nikāḥ and for the sake of simplicity and common usage, it is translated as divorce. It is a verbal or written pronouncement using specific language that results in the dissolution of nikāḥ and is the unilateral right of the husband. Ṭalāq is a verbal or written unilateral divorce issued by the husband, explicitly or implicitly signaling his intent to divorce. The wife's consent is not required and no grounds for divorce are needed.
  2. Khulʿ - This is usually translated as a release for compensation. It is essentially the dissolution of a nikāḥ in exchange for money. Jurists define khulʿ as a dissolution of a nikāḥ in exchange for a financial settlement using the words of khulʿ. A khulʿ usually takes place when the husband refuses to pronounce ṭalāq and the wife requests to be released from the marriage. The wife agrees with her husband to return her mahr or another sum of money in exchange for an irrevocable divorce. This is done through mutual negotiation and the husband has to agree to issue the divorce for the agreed sum in order for the khulʿ to take effect. It is a contractual agreement that fiscally compensates the husband in exchange for his release of the marital bond. The husband's consent is required and contract law rules apply.
  3. Faskh - This is translated as a judicial annulment of a nikāḥ and refers to the annulment of a nikāḥ contract. It is the annulment of the marriage contract and dissolution of the marital bond completely as if it never happened. A faskh can only be granted through the verdict/decision of a qāḍī (judge) or a sharīʿah council (explained below) based on valid and legitimate reasons.

When it becomes clear that the husband and wife can no longer continue in a marital relationship, the optimal mechanism for separation is the first one mentioned in the list above — the husband should pronounce a ṭalāq. Ideally, both spouses should amicably agree to part ways, and the husband should pronounce a single revocable divorce. If the husband is feeling hesitant, unsure, or unwilling to pronounce the divorce, then the wife should initiate and ask her husband to grant a ṭalāq. If the husband refuses to pronounce a divorce, the wife may turn to the second option in the aforementioned list, wherein she persuades the husband to enter into an agreement of khulʿ. If the husband refuses to grant a khulʿ, the wife may resort to the last option and seek a faskh from a Muslim judge or a Sharīʿah council based on valid reasons. Ṭalāq and khulʿ require the husband’s consent whereas faskh requires a Muslim judge. In the absence of a Muslim judge, a panel of a minimum of three Muslims can assume the role and responsibility of a Muslim judge.[1]

The correct procedure for nikāḥ dissolution in non-Muslim countries is an important topic that requires attention, research, education, clarity, and standardization. As God-conscious, committed, and practicing Muslims, we are obliged to follow the Sharīʿah in all of our affairs - personal, devotional, financial, social, and civil - to the best of our abilities. At the same time, as Americans, we are required to abide by the laws of the land in which we reside. In practice, balancing and negotiating between both sets of law can pose certain challenges. As Muslims living in America, we find ourselves following two sets of laws in tandem: US law and the Sharīʿah. There is no conflict for most daily affairs, but it can be complicated when it comes to issues of marriage and divorce.

Islamic marriage and divorce laws may not align with American law, leading Muslims to try their best to meet their obligations toward both legal systems. Instances may arise where there is a conflict between Islamic law and the country's governing laws, presenting a challenge for individuals in balancing their religious obligations with legal compliance. There may be cases or scenarios where something is valid according to Islamic Law but not according to civil law and vice versa. A prime example of this is a divorce or dissolution of marriage decreed by a judge in a court of law. In this paper, I will explore the following question: does a civil divorce count as a ṭalāq?

To explore this question, it is important to first define the following terms: nikāḥ, civil marriage, ṭalāq, and civil divorce. After defining these terms, we can compare and contrast to see if a nikāḥ equates to a civil marriage and if a ṭalāq equates to a civil divorce and vice versa. I will survey several fatāwā that have been written on this specific question, analyze them, and present the view that I think is the strongest and most practical based on the principles of tarjīḥ (jurisprudential preference) and maṣlaḥah (common good). I will conclude by providing recommendations that will help the Muslim community approach this issue in a clear and structured manner designed to avoid or, at least minimize, conflict.

Defining Terms

Nikāḥ and Civil Marriage

Linguistically, the word nikāḥ is a verbal noun (maṣdar) from the verb nakaḥa/yankiḥu, which can mean intercourse or marriage contract. Jurists across the madhāhib have described and defined nikāḥ in several different ways. Although the wordings may be different, all definitions attempt to capture the essence and nature of the term. When the word nikāḥ is used in the strictly legal sense, it refers to the contract that permits the two parties of a marriage to engage in acts of intimacy, by way of law. In simpler terms, it is a contract that makes intercourse legal between a husband and wife. It has also been described as “a contract between a man and a woman in which the man provides the woman with financial support in return for exclusive sexual access.” Historically, this is how the jurists conceptualized the legal and contractual nature of nikāḥ. It is important to understand that this is the most basic, legal understanding of nikāḥ. It treats nikāḥ as a simple legal concept.

As a simple legal concept, for a nikāḥ to be valid according to Islamic Law, it has to fulfill certain integrals and conditions. The integrals of a nikāḥ are the offer (ījāb) and the acceptance (qabūl) between the parties. The required conditions vary across the madhāhib. For example, in the Ḥanafī school, in order for a nikāḥ to be valid, the following conditions must be met: (1) the presence of both parties or their representatives, (2) compatibility, and (3) the presence of two male (or one male and two female) Muslim witnesses. The jumhūr also require that the contract be undertaken by the guardian (walī) of the bride.

A more comprehensive reading of the Qur’ān, Sunnah, and Islamic legal tradition makes it clear that nikāḥ is more than a simple contract; it is a sacred union between a man and woman in which both assume a set of moral and legal rights, obligations, and responsibilities. This is why more contemporary definitions focus on the mutual rights and responsibilities that result from the contract. An Islamic marriage is a contractual agreement involving a male and a female with consent, mahr, and Muslim witnesses.

In the United States, a civil marriage, also known as a civil ceremony or civil wedding, is a legally recognized union between two individuals that is conducted by a government official or any other authorized individual who has the legal authority to perform marriages. It is typically non-religious in nature and does not involve any religious rites or ceremonies. Civil marriages grant the couple the same legal rights and responsibilities as those entering into a religious marriage.[2] The requirements and procedures for obtaining a civil marriage license and conducting a civil ceremony may vary from state to state.[3] In California, a civil marriage is a legally recognized union between two individuals performed and solemnized by a government-authorized officiant, such as a judge, commissioner, or authorized religious representative, without any religious affiliation or ceremony. This type of marriage grants the couple the same legal rights and responsibilities as those entering into a religious marriage. The marriage license must be obtained from the County Clerk's office and the ceremony must be conducted within the state of California to be legally valid.[4]

Based on the above definitions, civil marriage does not always equate to a nikāḥ or an Islamic marriage. Both nikāḥ according to Islamic Law and civil marriage in the United States represent legally recognized unions between two individuals, albeit with notable differences in their conceptualization, framework, execution, and cultural contexts. Both nikāḥ and civil marriage are legally recognized unions between two individuals, involve a contractual agreement between the parties involved, require the consent of the individuals entering into the marriage, and grant the couple legal rights and responsibilities, such as inheritance rights, property ownership, and spousal support. Some key differences are that a nikāḥ requires an offer and an acceptance that are to be made in the presence of two male – or one male and two female – Muslim witnesses. A civil marriage would equate to a nikāḥ if it fulfills the sharʿī considerations, such as the “offer and acceptance” and the presence of the requisite witnesses. Yousef Wahb writes in Faith-Based Divorce Proceedings, “Civil marriages conducted under any legal system are deemed to be an Islamic marriage provided they do not contradict religious principles. This is because Islamic law prefers to legitimize an existing marriage whenever possible, and even permits retroactively adjusting an otherwise invalid marriage contract to meet religious contract validity requirements.”[5]

Ṭalāq and Civil Divorce

Linguistically, the word ṭalāq is derived from the root letters ṭā - lām - qāf, which can convey several different meanings. One of them is to remove, release, or let go. For example, in Arabic, one would say أطلقت إبلي (I set my camels free) or أطلقت أسيري (I let my prisoner go). Within the framework of the Sharīʿah, it is defined as the termination of a marital union that was established through nikāḥ. It can also be defined as the termination of nikāḥ or the dissolution of nikāḥ. For the sake of simplicity and common usage, it is translated as divorce. It is an articulation by the husband to dissolve his Islamic marriage.

When a man enters into a marriage contract with a woman, he is entitled to three instances of ṭalāq. He can divorce his wife up to three times before he loses the right to be married to her. There are two types of divorce: 1) al-Ṭalāq al-Rajʿī (Revocable Divorce) and 2) al-Ṭalāq al-Bā’in (Irrevocable Divorce).

A revocable divorce is one that is pronounced using clear and explicit terms. For example, “You are divorced,” or “I have divorced you.” When a man pronounces this type of divorce, the divorce takes place but the marriage contract does not immediately come to an end. The wife will start her waiting period (ʿiddah) and, within the waiting period, the husband has the right to take her back without initiating a new marriage contract. He can take her back through a verbal statement, such as “I take you back,” or through any intimate act such as a sensual touch, kiss, or intercourse. If he takes her back within the waiting period, the marriage is automatically reinstated and there is no need for another nikāḥ. However, if he does not take her back and the waiting period is completed, the marriage contract comes to an end. If he wants to be married to her, they would have to enter into a new marriage contract. After this first “talāq”, he has two instances of divorce that remain.

An irrevocable divorce is one that cannot be revoked. It is a divorce that normally results from figurative expressions or through an emphatic form of a clear statement. An example would be “You are irrevocably divorced.” When a man pronounces this type of divorce, the marriage is terminated immediately and the woman will start her waiting period. If they want to get back together they will have to enter into a new marriage contract. After this first “ṭalāq,” his right to divorce reduces to two instances of doing so.

Once a man uses all three of his divorces, it results in what is known as baynūnah kubrā, an absolute, irrevocable divorce. It is impermissible for them to remarry until the woman marries someone else, that marriage is consummated, and then the new husband divorces her.

In the United States, a civil divorce, also known as a dissolution of marriage, is the legal process through which a marriage is formally terminated by a court of law. This process involves resolving various issues related to the marriage, such as the division of assets and debts, spousal support, child custody, and child support.[6] Individual state laws regarding divorce can differ, which can typically be found in the state’s statutory code or in the state’s body of common law. There are typically two main methods of filing for divorce: contested and uncontested.

In a contested divorce, one spouse files a petition for divorce with the court and serves the other spouse with the divorce papers. The spouse who receives the papers then has the opportunity to respond, either agreeing or disagreeing with the terms outlined in the petition. If the spouses cannot reach an agreement on issues such as property division, child custody, or spousal support, the case may proceed to litigation, wherein a judge will make decisions that become binding upon the parties.

In an uncontested divorce, both spouses reach an agreement on all issues related to the divorce, including division of assets, child custody, child support, and spousal support, without the need for court intervention. Once the agreement is reached, one spouse typically files a joint petition for divorce or an uncontested petition with the court. If the court approves the agreement, the divorce can be finalized without the need for a trial.[7]

Just as a civil marriage does not always equate to an Islamic marriage, similarly, a civil divorce does not always equate to an Islamic divorce. There is no inherent equivalency between a ṭalāq and a civil divorce. Islamic divorce proceedings, specifically ṭalāq and khulʿ, require the husband’s consent or, in the case of faskh, the involvement of a Muslim judge. The American legal system does not necessarily require the consent of the husband and does not consider the faith of the judge issuing the ruling. Unlike secular law, Islamic divorce requires either the husband’s eventual consent or the availability of a Muslim judge. Islamic divorce proceedings “also prescribe substantive obligations and rights for divorcees,”[8] such as financial settlements and custody issues. This is why there is a difference of opinion among contemporary jurists regarding the Islamic legal status of a civil divorce.

Civil Divorces Considered as a Valid Ṭalāq

According to most contemporary scholars and fiqh councils, there are only limited circumstances in which a civil divorce can be treated as a ṭalāq:[9]

  1. When the husband and wife apply for a “joint uncontested divorce”
  2. When the husband files for divorce
  3. When the wife files for divorce and it is uncontested by the husband

According to the Sharīʿah, ṭalāq is a unilateral and exclusive right of the husband. For a ṭalāq to be valid it must be pronounced by the husband, verbally or in writing. ʿAlāʾ al-Dīn Al-Kāsānī (d. 587 AH - raḥimahu Allāh) writes in Badāʾiʿ Al-Ṣanāʾiʿ, “Issuing a divorce verbally is not a condition. The divorce will come into effect with clear and unambiguous writing, or with the understood gesture of someone who is mute because clear written words are equivalent to a verbal utterance.”[10] The husband may also delegate the right of divorce (tafwīḍ al-ṭalāq) to his wife or a third party, and he may also appoint a third party as an agent on his behalf (tawkīl) to pronounce or write the divorce. The permissibility of a husband assigning a third party as an agent to pronounce the divorce on his behalf is agreed upon by the four schools of thought; the Ḥanafīs[11], Mālikīs[12], Shāfiʿīs[13], and Ḥanbalīs[14].

Ibn ʿĀbidīn (d. 1252 AH - raḥimahu Allāh) writes in Radd al-Muḥtār, “If the husband requested another person to write the declaration of divorce for him, and he, the writer, after writing it, read it out to the husband who took the divorce paper, signed and stamped it, and sent it to his wife, divorce will be affected if the husband admits that it is his writing.”[15] Muḥammad Qadrī Pāshā (d. 1306 AH - raḥimahu Allāh) writes in Al-Aḥkām Al-Sharʿiyyah fī Al-Aḥwāl Al-Shakhṣiyyah, “Divorce may be affected in speech or in clear, understandable writing, whether signed by the husband or someone he has given agency to do so on his behalf.”[16]

When a husband files for divorce, individually or jointly, through the court system, it can be framed as him appointing the court or the judge as his agent to divorce his wife. In simpler words, it can be understood as tawkīl al-ṭalāq. When the court declares the dissolution of marriage, it will count as one revocable divorce (ṭalāq rajʾī). Similarly, if the wife files for divorce and the husband consents by knowingly and willingly signing the paperwork, it can be considered as tawkīl. When the court declares a dissolution of marriage, it will count as one revocable divorce (ṭalāq rajʾī).

Civil Divorces Not Considered as a Valid Ṭalāq

The majority of contemporary fatāwā conclude that a secular court-ordered divorce does not count as a valid form of Islamic marriage dissolution when the husband contests it. Yousef Wahb has authored an excellent paper on this topic titled “Secular Court-Ordered Divorces: What Modern Fatāwā and Canadian Imams Say.”[17]The following is my attempt to summarize his findings.

In this paper, Wahb analyzed fifteen fatāwā issued by governmental and non-governmental bodies across the world from 2000 to 2021 that give an opinion on whether a secular divorce contested by the husband counts as a valid Islamic divorce. I will list 13 out of the 15, as two were from Shia bodies:

  1. Egyptian Dār Al-Iftāʾ - “Court Ordered Divorce for Muslims in Non-Muslim Countries”[18]
  2. Jordanian Dār Al-Iftāʾ - “Ruling on Divorce Issued by a Foreign Court in the Absence of Muslim Husband”[19]
  3. Republic of Iraqi Sunni Endowment Diwan - “Fatāwā of Divorce”[20]
  4. Syrian Islamic Council - “Fatāwā wa Aḥkām”[21]
  5. International Islamic Fiqh Academy (IIFA)[22]
  6. Majlisul Ulama of South Africa[23]
  7. European Council of Fatwa and Research (ECFR)
  8. Fiqh Council of North America (FCNA)[24]
  9. Assembly of Muslim Jurists of America (AMJA)[25]
  10. Darulifta: Institute of Islamic Jurisprudence in the United Kingdom[26]
  11. Darulifta of Darul Uloom Deoband
  12. London Fatwa Council[27]
  13. Shariah Board of America[28]

12 out of the 13 fatāwā above conclude that a secular court-ordered divorce does not count as a valid form of Islamic marriage dissolution when the husband contests it. For the divorce to be Islamically valid, the husband must issue a verbal or written divorce. They argue that “a divorce granted by a non-Muslim judge without the husband’s consent is of no religious consequence.” This opinion views the lack of religious authority of non-Muslim judges as a matter of consensus (ijmāʿ), which, as a primary source of Islamic law, cannot be disputed or overridden by principles of public interest or necessity. The majority prioritizes the theological safeguarding of family law matters from secular authority over adapting ʿurf. Alternatively, this opinion proposes that mosques and Islamic centers, represented by their imams, should be religiously authorized to legitimize civil divorces and certain legal settlements among community members in novel settings.”[29] In 2012, the Assembly of Muslim Jurists of America (AMJA) codified its position on this issue in the “Assembly’s Family Code for Muslim Communities in North America.” It writes in Article 129, “A legally enforced divorce that is performed by the man-made judicial system outside the lands of Islam, when contrary to the desire of the husband, only terminates the civil marriage contract. As for the marital bond in the eyes of the Sharia, that is referred back to the husband, or the Islamic judge, or those in his position. But if the husband willingly signs the divorce papers, then the divorce becomes legitimate, and the role of the man-made judicial system, in that case, would simply be a documentation of that.”[30]

To summarize, according to the overwhelming majority of fatāwā and declarations (12 out of 13) listed above, a divorce granted by a non-Muslim judge without the husband’s consent is of no religious consequence. The basis of the conclusion is that a non-Muslim has no authority over a Muslim in deciding religious affairs. This view is based on a few verses from the Quran. Allah ﷻ says, “And Allah will never grant the disbelievers a way/authority (sabīl) over the believers.”[31] Allah ﷻ also says, “O believers! Do not take disbelievers as allies instead of the believers. Would you like to give Allah solid proof against yourselves?”[32] Abū Bakr Al-Jaṣṣāṣ (d. 370 AH - raḥimahu Allāh) comments on this verse in Aḥkām al-Qurʾān: “This verse [...] indicates that a non-believer is not entitled to have any authority over a Muslim.”[33] Mufti Taqi Usmani (ḥafiẓahu Allāh) writes that there is a consensus among jurists that it is not permissible for a non-believer to be a judge and that his rulings will not be legally valid/enforceable upon Muslims.[34]

The only fatwā that recognized a secular, court-ordered divorce as a valid form of Islamic marriage dissolution is the one issued by the European Council of Fatwa and Research (ECFR).[35] The ECFR adopted the recommendation of a paper submitted by Shaykh Faisal Mawlawī (ḥafiẓahu Allāh) in which he argues that the husband’s registration of marriage under the civil legal system constitutes his implied consent to give the civil legal system authority over the dissolution of marriage.[36] They adopted the paper into a decision at their fifth conference. The following is the text of the decision along with its translation:

الأصل أن المسلم لا يرجع في قضائه إلا إلى قاض مسلم أو من يقوم مقامه فيما يتعلق بقضايا الأحوال الشخصية، غير أنه بسبب غياب قضاء إسلامي في هذا المجال يتحاكم إليه المسلمون في غير البلاد الإسلامية، فإنه يتعين على المسلم تنفيذ قرار القاضي غير المسلم بالطلاق؛ لأنه يعيش في ظل قانون البلاد التي يقيم فيها، وهو بهذا راض ضمنًا بما يصدر عنه، ومن ذلك التزام أن هذا العقد لا يحل عروته إلا القاضي. الأمر الذي يمكن اعتباره تفويضًا من الزوج جائزًا له شرعًا عند الجمهور، ولو لم يصرح بذلك، بناء على القاعدة الفقهية (المعروف عرفًا كالمشروط شرطًا). وتنفيذ أحكام القضاء في هذه الحالة لازم من باب جلب المصالح ودفع المفاسد وحسمًا للفوضى.

The foundational principle is that a Muslim should only refer to a Muslim judge, or someone serving a similar role, regarding one’s personal affairs. However, due to the absence of an Islamic judiciary in this field, Muslims may resort to a non-Islamic judiciary in non-Islamic countries. It is incumbent upon the Muslim to implement the non-Muslim judge's decision of divorce because he lives under the law of the country in which he resides, and thus, he implicitly agrees with what is issued by it. This includes the requirement that the [marriage] contract is not dissolved except by a judge. According to the majority of scholars, this can be considered a permissible delegation by the husband, even if he did not explicitly state so, based on the legal maxim: “What is customarily known to be conditioned, is considered conditioned.” Implementing the judgments of the judiciary in this case is necessary to bring about benefits, repel harms, and resolve chaos.

Abdullah Bin Bayyah (ḥafiẓahu Allāh) shares the above in his book Ṣināʿah al-Fatwā wa Fiqh al-Aqalliyyāt.[37] The position adopted by the ECFR is built upon four main points:

  1. The registration of marriage in a non-Muslim jurisdiction denotes an implied consent to its family laws and delegates the husband’s right of divorce to its judges,
  2. The legal custom (ʿurf) of the exclusivity of divorce authority to the civil court stands as an implied condition in the marriage contract based on the legal maxim “what is customarily known as conditioned, is considered as conditioned,”
  3. The social, moral, and legal consequences of having a conflict between the religious and legal marital status, and
  4. The Islamic principles of necessity, public interest, and preventing harm.

Analyzing the ECFR Decision/Fatwā

After reading through the various fatāwā and literature on this topic, based on various factors of preference (tarjīḥ), I personally incline toward the position that a divorce granted by a non-Muslim judge without the husband’s consent is of no religious consequence. It does not count as a ṭalāq. In order to dissolve the Islamic marriage, the husband would have to pronounce ṭalāq, agree to a khulʿ, or the wife would have to pursue the process of faskh through a Sharīʿāh council or tribunal.

There are definitely maṣālīh in adopting the ECFR position, particularly in cases where the wife may be in an abusive relationship. There are cases where the husband refuses to grant a ṭalāq, does not agree to a khulʿ, and the wife does not have recourse to a Muslim judge or tribunal to pursue faskh. In that situation, her only option may be to go to court and file for divorce.

Although the ECFR arrives at its conclusion using valid, juristic principles and maxims, the arguments are not convincing. Firstly, the overwhelming majority of jurists throughout history have agreed that a non-Muslim judge has no authority over Muslims in religious matters. Several authorities argue that there is a consensus on this point. The principles of public interest and need cannot be used to override ijmāʿ. The fatwā argues that the husband, by registering his marriage or by having a civil marriage, has implicitly agreed to all of its legal consequences. Assigning and transferring rights, appointing an agent (tawkīl), delegation (tafwīḍ), and forfeiting rights are all valid concepts within the Sharīʿah; however, they require explicit, verbal or written consent. I find that the legal maxim of “what is customarily known to be conditioned, is considered conditioned” is misapplied because the process and procedure of divorce is not a condition in the marriage contract.

Conclusion and Recommendations

To summarize, according to most contemporary scholars and fiqh councils, there are limited cases in which a civil divorce can be treated as a ṭalāq:

1) When the husband and wife apply for a “joint uncontested divorce”

2) When the husband files for a divorce

3) When the wife files for divorce and it is uncontested by the husband

The majority of contemporary scholars and fiqh councils argue that a secular, court-ordered divorce does not count as a valid form of Islamic marriage dissolution when the husband contests it. For the divorce to be Islamically valid, the husband must grant a verbal or written divorce, agree to khulʿ, or the wife should pursue securing a faskh.

To facilitate the process of securing an Islamic dissolution of the marriage in addition to the civil dissolution, avoiding conflict, and standardization, I propose the following:

1) Muslim Institutions (Masājid/Imams/Fiqh Councils) should require couples to enter into an “Islamic Prenup”. A prenuptial agreement, commonly referred to as a prenup, is a legal contract between two individuals before their marriage. This agreement typically outlines the rights and responsibilities of each spouse regarding property, assets, debts, and other financial matters in the event of divorce or death. Prenups can address various issues, including the division of property, spousal support (alimony), inheritance rights, and the handling of joint finances during the marriage.[38] In this prenup, the couple can agree to a method of dissolving the marriage that conforms to both Islamic and civil law. I suggest that a group of Muslim jurists and lawyers develop and standardize an “Islamic Prenup” that can be used and customized by both individuals and institutions.

2) Establishing Islamic Alternative Dispute Resolution (ADR) Institutions that grant ṭalāq, khulʿ, or faskh and mediate or arbitrate post-dissolution issues such as finances, division of assets, custody, child support, and spousal support according to Islamic guidelines. The processes, procedures, guidelines, rules, and regulations should be formulated by a group of jurists and lawyers and provided as a template for Islamic organizations and institutions that can provide this service. For a possible template for Islamic ADR with respect to ṭalāq, khulʿ, and faskh, please see Appendix 1.

ADR refers to methods of resolving disputes outside of traditional litigation in court. These methods are often chosen because they offer parties more control over the process, are generally faster and less expensive than litigation, and can sometimes preserve relationships between parties.[39]

Appendix 1

Council Procedures for Facilitating Ṭalāq/Khulʿ and Granting Faskh

1. All new applicants must submit all the required information, in full, to the Council by completing the application form and providing copies of the required documents.

2. All new applicants must clearly explain the main reasons for seeking a ṭalāq, khulʿ, or faskh on a separate attachment to the application form.

3. All new applicants must present evidence of their claims on a separate attachment to the application form.

4. The application will be registered and processed with the relevant details. The applicant will be given a reference number.

5. The applicant must provide contact information (address, phone number, and email) for your

husband.

6. Once the application is processed, the Council will send an official letter to the husband informing him that his wife has submitted an application to the council seeking a ṭalāq/khulʿ/faskh. In the letter, the Council will request the husband to Islamically divorce his wife and send confirmation that he has done so or respond to the Council in writing with reasons for not doing so. The husband will be given one week to respond.

7. If the husband agrees to Islamically divorce his wife, an official Islamic divorce (ṭalāq)

certificate will be sent to both parties.

8. If the husband responds within a week with a refusal to grant an Islamic divorce by

defending his case or seeking reconciliation:

  1. Both parties will be given an opportunity to present their case before the Council.
  2. Reconciliation will be pursued only if both parties agree to it.
  3. If the husband agrees to grant an Islamic divorce in exchange for an agreed-upon amount of wealth/property with his wife, the Council will facilitate the process to the best of its ability. Once the khulʿ is finalized, the Council will issue an official khulʿ certificate to both parties.
  4. Conditions such as custody of the children, financial claims, or property claims cannot be adjudicated by the Council because such matters are outside of its jurisdiction and must be settled in a court of Civil Law.

9. If the husband does not respond to the first letter within a week, a second letter will

be sent to him and he will be given another week to respond.

10. If the husband does not respond to the second letter, a third and final letter will be sent. He will have another week to respond.

11. If the husband does not respond to the third and final letter within a week, the Council will then convene to make a final decision.

12. Based on valid legal reasons recognized by Islamic Law, the Council will dissolve the marriage (faskh).

13. An official faskh certificate will be sent to both parties.

NOTE: ​A ṭalāq/khulʿ facilitated by the Council and a faskh granted by the Council is according to the rules of Islamic Law and is not recognized by the State. ​This does not count as a civil divorce​. If you have a civil marriage through the State, you must also receive a civil divorce through the State. If you have a registered marriage outside the USA, you must seek a civil divorce in the country where the marriage is registered.

Footnotes

  1. Usmani, Taqi. “Faskh Nikāḥ al-Muslimāt min qibal al-Marākiz al-Islāmiyyah fī Bilād ghayr Islāmiyyah”. Buḥūth fī Qaḍāyā Fiqhiyyah Muʿāṣirah.

  2. "Civil Marriage" - Legal Information Institute, Cornell Law School: https://www.law.cornell.edu/wex/civil_marriage

  3. "Marriage License Information by State" - U.S. Marriage Laws website: https://www.usmarriagelaws.com/

  4. California Family Code, Division 3, Part 4, Chapter 1: Marriage, Sections 300-536 and "Getting Married in California" - California Courts website: https://www.courts.ca.gov/1229.htm

  5. Wahb, Yousef A. “Faith-Based Divorce Proceedings: Alternative Dispute Resolutions for Canadian Muslims.” Canadian Family Law Quarterly 40.2 (2022): 22. Print.

  6. "Divorce" - Legal Information Institute, Cornell Law School: https://www.law.cornell.edu/wex/divorce

  7. "Divorce" - Legal Information Institute, Cornell Law School: https://www.law.cornell.edu/wex/divorce

  8. Aly Wahb, Y. (2023). Competing Authorities: Islamic Family Law and Quasi-Judicial Proceedings in North America. American Journal of Islam and Society, 39(3-4), 87–111. https://doi.org/10.35632/ajis.v39i3-4.2993

  9. Ibn Adam, Muhammad. (10/21/2015). Darul Iftaa. https://daruliftaa.com/talaq-divorce/legal-civil-divorce-according-to-islamic-law

  10. Al-Kāsānī, Badāʿi Al-Ṣanāʾiʿ, 3:100

  11. Al-Nasafī, Kanz Al-Daqāʾiq, 489

  12. Al-Dardīr, Al-Sharḥ Al-Kabīr, 2:405

  13. Al-Nawawī, Minhāj Al-Ṭālibīn, 134

  14. Ibn Mufliḥ, Al-Mubdiʿ Sharḥ Al-Muqniʿ, 2:237

  15. Ibn ʿĀbidīn, Radd Al-Muḥtār, 3:246-247

  16. Qadrī Pāshā, Al-Aḥkām Al-Sharʿiyyah fī Al-Aḥwāl Al-Shakhṣiyyah, Item 222

  17. Wahb, Yousef Aly. “Secular Court-Ordered Divorces: What Modern Fatāwā and Canadian Imams Say.” Canadian Journal of Law and Society / Revue Canadienne Droit et Société 38.1 (2023): 67–88. Web.

  18. ʿAlī Gumʿah, “Court-ordered Divorce for Muslims in Non-Muslim Countries,” Fatwa no. 4406, (27 February 2006), online: Dar Al-Ifta Al-Masriyaah,<perma.cc/YRK7-DDFM>.

  19. Nūh Sulaymān, “Ruling on Divorce Issued by a Foreign Court in the Absence of Muslim Husband,” Fatwa no. 708, (10 May 2010), online: General Ifta Department,<perma.cc/KS2Y-G8NP>.

  20. ʿAbd Al-Sattār ʿAbd Al-Jabbār, “Fatāwā al-Ṭalāq” (17 June 2013) online: Republic of Iraqi Sunni

    Endowment Diwan, <perma.cc/AT9L-LKAP>.

  21. Syrian Islamic Council, “Fatāwā wa Ahkām,” Fatwa no. 10, (25 December 2017) online: Syrian Islamic Council <perma.cc/3VBB-R7N7>.

  22. Muslim World League, Qarārāt al-Mujammaʿ al-Fiqhī al-Islāmī 1977-2010 (Mecca: Rābita, 2010) at 491–92.

  23. Majlisul ʿUlama ofSouth Africa, “An Archive of Publications” (May 2014) online: Majlisul ʿUlama

    Of South Africa, <perma.cc/68Z8-ZT6K>.

  24. Mohammad Qatanānī, “Ahkām al-Ṭalāq al-Sharʿī fī Ḍawʿ Fiqh al-Muslimīn bi al-Gharb” (6 September 2018) online: Fiqh Council of North America, <perma.cc/PL39-U342>.

  25. Assembly of Muslim Jurists ofAmerica, “The Assembly’s FamilyCode for Muslim Communities in North America” (March 2012) at Article 129, online: Assembly of Muslim Jurists of America,

    <perma.cc/G36G-AVKN>.

  26. Darul Iftaa: Institute of Islamic Jurisprudence, “Legal/Civil Divorce According to Islamic Law,” (October 2015) online: Darulifta: Institute of Islamic Jurisprudence, <perma.cc/N6S6-9Z9W>.

  27. London Fatwa Council, “I have a Decree Absolute. Is That Enough for Me to Remarry Islamically?” (30 May 2018) online: London Fatwa Council, <perma.cc/W7X5-RB8B>.

  28. Mufti Mohammed Sajid, “Fatwa Answer: Did the Divorce Take Place?” (14 May 2020) online: Shariah Board of America, <perma.cc/YKJ5-85L9>.

  29. Wahb, Yousef Aly. “Secular Court-Ordered Divorces: What Modern Fatāwā and Canadian Imams Say.” Canadian Journal of Law and Society / Revue Canadienne Droit et Société 38.1 (2023): 67–88. Web.

  30. Assembly of Muslim Jurists of America, “The Assembly’s Family Code for Muslim Communities in North America” (March 2012) at Article 129, online: Assembly of Muslim Jurists of America,

    <perma.cc/G36G-AVKN>.

  31. Al-Qurʾān 4:141

  32. Al-Qurʾān 4:144

  33. Al-Jaṣṣāṣ, Aḥkām al-Quran, 2:291

  34. Usmani, Taqi. “Faskh Nikāḥ al-Muslimāt min qibal al-Marākiz al-Islāmiyyah fī Bilād ghayr Islāmiyyah”. Buḥūth fī Qaḍāyā Fiqhiyyah Muʿāṣirah.

  35. European Council for Fatwa and Research, “Decision no. 3 – 5th conference,” (May 2000) online: European Council for Fatwa and Research, <perma.cc/EQ8J-2AV2>.

  36. Faisal Mawlawī, “Ḥukm Ṭatlīq al-Qāḍī Ghayr al-Muslim,” Researches, online: European Council for Fatwa and Research. <perma.cc/KRH9-GL7L>.

  37. Bin Bayyah, Ṣināʿah al-Fatwā wa Fiqh al-Aqalliyyāt, 358-359

  38. American Bar Association (ABA) - Prenuptial Agreements: https://www.americanbar.org/groups/family_law/publications/family-advocate/2020/fall/what-you-need-to-know-about-prenuptial-agreements/

  39. American Bar Association (ABA) - Alternative Dispute Resolution: https://www.americanbar.org/groups/dispute_resolution/resources/

Islamic Guide to Solar Eclipse Prayer and FAQs 2024

الحمد لله والصلاة والسلام على رسول الله

وعلى آله وصحبه أجمعين ومن تبعهم بإحسان إلى يوم الدين

اللهم اجعلنا منهم

With the Name of The One True God, Allāh, The Infinitely Caring, Eternally Compassionate. We sincerely praise and thank God to the highest extent, and ask Him to bless, protect, honor, and compliment our Prophet and Messenger Muḥammad, his family, his companions, and those that diligently follow them until the end of times. Dear God, please include us from amongst them.

On the morning of Monday, April 8th 2024, a solar eclipse will start to occur around 8:42 a.m. (PT) and will continue until around 1:52 p.m. (PT). It will be visible across Southern California. A solar eclipse is when the physical disc of the moon covers and eclipses the physical disc of the sun.[1] This is an extremely rare occurrence and is extremely dangerous to view.

For more eclipse related details, please see:

  1. NASA: 2024 Total Solar Eclipse
  2. Time and Date: April 8, 2024 — Great North American Eclipse (Total Solar Eclipse)

Timings:[2]

Eclipse Stages Worldwide Local Time in Los Angeles
First location to see the partial eclipse begin Apr 8 at 8:42:15 am
First location to see the full eclipse begin Apr 8 at 9:38:52 am
Maximum Eclipse Apr 8 at 11:17:21 am
Last location to see the full eclipse end Apr 8 at 12:55:35 pm
Last location to see the partial eclipse end Apr 8 at 1:52:19 pm

Solar Eclipse from the Sunnah

We know that a solar eclipse occurred once during the lifetime of our Prophet Muḥammad ﷺ,[3] so let us see what he ﷺ said and did. The Prophet ﷺ said, “The sun and the moon are two of the many signs of Allāh. They do not eclipse on their own due to death or birth of anyone. So when you see an eclipse [do the following].”[4] In multiple other narrations, the Prophet ﷺ said, “rush to prayer out of fear (فَافْزَعُوا إِلَى الصَّلاَةِ)”. Here is a compilation of the multiple different actions the Prophet ﷺ encouraged his community to do upon seeing an eclipse:

  1. Pray to Allāh, make duʿāʾ, supplicate to Him (فَادْعُوا اللَّهَ)[5]
  2. Declare Allāh’s supremacy by saying “AllāhuAkbar” (وَكَبِّرُوا)[6]
  3. Pray the ritual prayer (وَصَلُّوا)[7]
  4. Donate (وَتَصَدَّقُوا)[8]
  5. Free slaves (بِالْعَتَاقَةِ)[9]
  6. Rush to remember and mention Allāh out of fear (فَافْزَعُوا إِلَى ذِكْرِهِ)[10]
  7. Seek Allāh’s forgiveness (وَاسْتِغْفَارِهِ)[11]

We should try to be in congregation at our local masjid for the Prayer of the Solar Eclipse (Ṣalāh Al-Kusūf). Ideally, the imām will lead the congregation in 2 very long units (rakʿatān) of prayer. If you are unable to pray in congregation, then try to pray 2 units on your own, and try to make them as long as possible. The prayer should ideally last the duration of the eclipse. If the eclipse has not ended by the time the prayer is over, proceed to make extra supplications (duʿāʾ) and remember and mention Allāh (dhikr) until the eclipse finishes.[12]

This should also be a time of fear and reflection. Our Beloved Prophet ﷺ had a heightened state of fear of Allāh ﷻ during the eclipse.[13] He ﷺ also reminded us that the sun and the moon are creations and indicators of God ﷻ, so when we see them (especially in such an intense state), we should remember Allāh and seek His Forgiveness.[14] It is also a time for us to engage in charitable works, especially helping those in need.[15]

We may be tempted to go outside and stare (with polarized glasses) at the eclipse, and that makes sense since this is a very rare sight. However, when it first starts, take a moment to (safely) look at it (if you must), and then act like the companion ʿAbd al-Raḥmān ibn Samurah (raḍiya Allāh ʿanh[16]) who was practicing archery when he noticed the eclipse, and then decided to run the Prophet ﷺ to see how he ﷺ would act during such a situation.[17] If you are worried about “missing it”, do not worry, because NASA and Time and Date will have all the videos, pictures, and diagrams one could ask for.

Also, let us not forget the honor and rank given to our Prophet ﷺ during this incident. This was one of those special times that Allāh ﷻ chose to give His Beloved Messenger ﷺ a glimpse of the Hereafter.[18] Interestingly enough, when we read those narrations, the Prophet Muḥammad ﷺ said that he saw Heaven and tried to grab a cluster of grapes, and also saw The Fire. It is as if Allāh ﷻ opened up a literal portal into the Heavenly dimension for His Prophet ﷺ to enter. Yet, our dear Messenger ﷺ chose to (once again) stay with us, his ummah, hoping to continue guiding us and teaching us — because he ﷺ loves us and wants to meet us safe and sound in Paradise—, despite the endless bounties awaiting him ﷺ on the other side.

At the same time, this was an event of loss for our Prophet ﷺ. The death of his dear son, Ibrāhīm (raḍiya Allāh ʿanh), coincided with the eclipse. Because of that, some people felt reassured of their pagan belief that eclipses were, on their own, a cosmic sign of the birth and death of important people. However, our Prophet ﷺ taught us that this is not the case. As we mentioned before, he ﷺ said that they are simply indicators towards Allāh. So when we see them, remember Allāh and turn to Him. And during the eclipse, continue to pray until the eclipse ends. Again, look at how much our beloved Prophet ﷺ chose to care for us. He ﷺ did not isolate himself at this difficult moment. Rather, he ﷺ still stayed amongst his companions (raḍiya Allāh ʿanhum) to teach them, advise them, and guide them to what pleases Allāh ﷻ. What a Messenger we have, ﷺ!

We have a great opportunity before us to (briefly) witness a spectacular sight of the magnificence of Allāh ﷻ, and to follow a rare sunnah of our Prophet ﷺ.

The Ideal Solar Eclipse Prayer:[19]

  1. It should be prayed in congregation at the masjid
  2. It should last the duration of the eclipse
  3. Every step of the prayer (standing, recitation, bowing [rukūʾ], placing the forehead on the floor [sujūd]) should be very long
  4. An announcement should be made calling people to the masjid[20]

FAQs:

  1. Should a sermon (khuṭbah) be given?
    • No.[21] However a short reminder should be given because the Prophet ﷺ did so.[22]
  2. Should there be two sessions of recitation (qirāʾatān) and two bows (rukūʿ) performed in each unit?
    1. Short answer: there is a difference of opinion. Follow whatever your prayer leader (imām) does. If you are praying on your own, and do not feel comfortable with the eclipse prayer procedure, pray it like any normal two unit optional prayer. Note that the vast majority of scholars said that a standard two unit prayer (rakʿatān) with each unit (rakʿah) consisting of one standing (qiyām), one recitation (qirāʾah), one bow (rukūʿ), and two placements of the forehead on the floor (sajdah) will suffice.[23]
    2. Long answer:[24] the Mālikīs, Shāfiʿīs, and Ḥanbalīs (raḥimahum Allāh[25]) are of the opinion that the eclipse prayer is as follows: standing (qiyām) and recitation (qirāʾah),[26] bow (rukūʿ), another standing (qiyām) and recitation (qirāʾah),[27] another bow (rukūʿ), two placements of the forehead on the ground (sajdatayn) — repeat. This is based on the explicit aḥādīth of Ibn ʿAbbās (raḍiya Allāh ʿanhumā) found in Ṣaḥih Al-Bukhārī and Ṣaḥīḥ Muslim. The Ḥanafīs (raḥimahum Allāh) are of the opinion that the eclipse prayer is prayed exactly like another optional two-unit (nafl) prayer without any extra additions. This is based on the implicit aḥādīth of Abū Bakrah (raḍiya Allāh ʿanh) found in Ṣaḥih Al-Bukhārī[28] and his explicit ḥadīth found in Sunan Al-Nasāʾī.[29]
  3. How many units (rakʿah) are to be prayed?
    • Two (2) units (rakʿatān)[30]
  4. What if the eclipse occurs during a time in which it is disliked or prohibited to pray?
    • Do not pray during the prohibited times (during sunrise, zenith, and sunset), nor the disliked times (after having prayed Fajr until sunrise, and after having prayed ʿAṣr until sunset).[31] These times are very short compared to eclipses, so they can easily be worked around. For example, the eclipse on 4/8/24 is well after sunrise, so there is no issue there. However, the zenith of the sun does occur during the eclipse. But it is towards the end of the eclipse. The prayer can safely be concluded before the zenith (i.e., when Ẓuhr enters), while still allowing for up-to 4 hours of time available for the eclipse prayer.
  5. How short or long does the prayer have to be?
    • Ideally the prayer should last from the start until the end of the eclipse.[32] However, it can be shorter. If the prayer is even 5, or 15, or 30 minutes, that is acceptable. The full duration of the eclipse is a little over 5 hours, which is not feasible for most people.[33] The full eclipse will last for 3 hours, but that will come into a prohibited prayer time, so see the question about this issue.
  6. Should the recitation be aloud or silent?
    1. Short answer: aloud.
    2. Long answer: there is a difference of opinion. Perhaps, despite the differences found among the Ṣaḥābah (companions - raḍiya Allāh ʿanhum), Tābiʿūn (students of the companions - raḥimahum Allāh), and Fuqahāʾ (jurists - raḥimahum Allāh), we can say that it would be better for the recitation to be aloud for the sake of the focus and devotion of the people praying.
      • Here is a brief summary of the discussion.[34] Al-Imām Abū Ḥanīfah, the Mālikīs, and the Shāfiʿīs (raḥimahum Allāh) are of the opinion that the recitation should be silent. That is because Ibn ʿAbbās (raḍiya Allāh ʿanhumā) said that, “the Prophet ﷺ led the solar eclipse prayer and we did not hear his recitation (فَلَمْ نَسْمَعْ لَهُ صَوْتًا).” Al-Imām Aḥmad, Al-Imām Abū Yusuf, and in a statement attributed to Al-Imām Mālik (raḥimahum Allāh) are of the opinion that the recitation should be aloud. That is beaucase that has been narrated from ʿAlī (raḍiya Allāh ʿanh), and ʿAbd Allāh ibn Zayd did that in the presence of Al-Barāʾ ibn ʿĀzib and Zayd ibn Arqam (raḍiya Allāh ʿanhumā). And it has also been narrated that ʿĀʾishah (raḍiya Allāh ʿanhā) said, “the Prophet ﷺ led the solar eclipse prayer and recited aloud (وَجَهَرَ فِيهَا بِالْقِرَاءَةِ).” And also due the fact that it is an extra option (nafl) prayer that is meant to be prayed in congregation (jamāʿah) and audible recitation is a recommended action (sunnah) of these prayers, like the seeking-of-rain (istisqāʾ).

Footnotes

  1. As opposed to the shadow of the earth blocking and eclipsing the physical disc of the moon from sunlight in a lunar eclipse
  2. https://www.timeanddate.com/eclipse/solar/2024-april-8
  3. Al-Bukhārī, Ṣaḥīḥ: كتاب الكسوف, Muslim, Ṣaḥīḥ: كتاب الكسوف
  4. Al-Bukhārī, Ṣaḥīḥ: كتاب الكسوف باب الصَّدَقَةِ فِي الْكُسُوفِ, Muslim, Ṣaḥīḥ: كتاب الكسوف
  5. Ibid.
  6. Ibid.
  7. Ibid.
  8. Ibid.
  9. Al-Bukhārī, Ṣaḥīḥ: كتاب الكسوف باب مَنْ أَحَبَّ الْعَتَاقَةَ فِي كُسُوفِ الشَّمْسِ
  10. Al-Bukhārī, Ṣaḥīḥ: كتاب الكسوف باب الذِّكْرِ فِي الْكُسُوفِ, Muslim, Ṣaḥīḥ: كتاب الكسوف
  11. Ibid.
  12. Al-Bukhārī, Ṣaḥīḥ: كتاب الكسوف باب الذِّكْرِ فِي الْكُسُوفِ
  13. Muslim, Ṣaḥīḥ #912
  14. Ibid
  15. Al-Bukhārī, Ṣaḥīḥ: كتاب الكسوف باب الصَّدَقَةِ فِي الْكُسُوفِ
  16. May God be pleased with him
  17. Muslim, Ṣaḥīḥ: كتاب الكسوف
  18. Al-Bukhārī, Ṣaḥīḥ: كتاب الكسوف باب صَلاَةِ الْكُسُوفِ جَمَاعَةً
  19. Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 27 p. 254-5
  20. The Prophet ﷺ taught the companions to announce, “الصَّلاَة جَامِعَة - gather for prayer”. Al-Bukhārī, Ṣaḥīḥ: كتاب الكسوف باب النِّدَاءِ بِالصَّلاَةُ جَامِعَةٌ فِي الْكُسُوفِ, Muslim, Ṣaḥīḥ: كتاب الكسوف
  21. Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 27 p. 255-6
  22. Al-Bukhārī, Ṣaḥīḥ: كتاب الكسوف, Muslim, Ṣaḥīḥ: كتاب الكسوف
  23. Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 27 p. 256-7
  24. Ibid.
  25. May God have compassion on them
  26. Sūrah Al-Fātiḥah and another Sūrah
  27. Sūrah Al-Fātiḥah and another Sūrah
  28. There are at least 3 narrations like this in Ṣaḥīḥ Al-Bukhārī
  29. فَصَلَّى رَكْعَتَيْنِ كَمَا يُصَلُّونَ, Al-Nasāʾī, Sunan: كتاب الكسوف باب الأَمْرِ بِالدُّعَاءِ فِي الْكُسُوفِ
  30. Al-Bukhārī, Ṣaḥīḥ: كتاب الكسوف, Muslim, Ṣaḥīḥ: كتاب الكسوف
  31. Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 27 p. 253-4
  32. Al-Bukhārī, Ṣaḥīḥ: كتاب الكسوف, Muslim, Ṣaḥīḥ: كتاب الكسوف
  33. Also, food for thought, this is the scientific start of the eclipse. It is possible that the Prophet ﷺ and the companions did not notice the eclipse from the scientific start, but rather 15, 30, or 60 minutes later, when the sight of the sky had a drastic change. This is just a thought of mine without any research. Allāh knows best.
  34. Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 27 p. 257

Eid al-Fitr 2025: Essential Practices and FAQs for a Blessed Celebration

الحمد لله والصلاة والسلام على رسول الله

وعلى آله وصحبه أجمعين ومن تبعهم بإحسان إلى يوم الدين

اللهم اجعلنا منهم

We begin by mentioning the Name of The One True God, Allāh, The Infinitely Caring, Eternally Compassionate. We sincerely praise and thank God to the highest extent, and ask Him to bless, protect, honor, and compliment our Prophet and Messenger Muḥammad, his family, his companions, and those that diligently follow them until the end of times. Dear God, please include us from amongst them.

As we reach the end of this beautiful and amazing month of Ramaḍān, we ask Allāh to accept from us, increase us in goodness, and to be happy and pleased with us. And we ask Him to allow us to reach the special day of Eid al-Fiṭr so we can attend the Eid Prayer, pray together, declare Allāh’s Greatness, and greet our beloved family, friends, and community members.

Overview

Eid al-Fiṭr is the first of the two Islamic holidays in the lunar year (the second being Eid al-Aḍḥā). The day celebrates the end of fasting during the blessed month of Ramaḍān. It is a day wherein we typically gather for a congregational ritual prayer and sermon in the morning, often followed by meeting with friends and family to celebrate the day by exchanging gifts and eating together.

Ṣadaqah al-Fiṭr/Zakāh al-Fiṭr

“Zakāh al-Fiṭr,” also known as “Ṣadaqah al-Fiṭr,” is a specific charity that is due before the Eid prayer. It is a means for the mistakes that we made while fasting to be overlooked, and for the needy to have a meal. Ibn ʿAbbās (raḍiy Allāh ʿanhumā[1]) told us that the Prophet ﷺ mandated Zakāh al-Fiṭr as a means to clean and overlook the useless and obscene speech of those who fasted, and a means of food for the poor.[2]

The Prophet ﷺ has taught us that those Muslims who are able to pay[3] Zakāh al-Fiṭr must pay it[4]. The amount that is to be given differs slightly based on the foodstuff calculation, but is safely estimated to be around $15[5]. It is due upon each and every Muslim - man or woman, child or adult. The head of the household is responsible to pay it on behalf of all non-adult Muslim children. The head of the household can also pay on behalf of everyone in the house. If one has not paid before the prayer, one is still required to pay after the prayer.

Recommended Actions

Eid is strongly rooted in declaring the greatness of our Lord and Master, Allāh ﷻ. As God Himself says, “[It is so that] you declare God to be the absolute greatest because He has guided you, and so that you are grateful.”[6] With that comes the emulation of both the mindset and actions of our Prophet Muḥammad ﷺ. Here are a number of things that the Prophet ﷺ taught us to do on this beautiful day:

  1. Be extra clean. Shower (ghusl), brush your teeth, use miswāk, and smell good. The Prophet ﷺ compared Friday to Eid and told us: “This day [Friday] is a day of Eid and celebration. So whoever comes to the Friday prayer should bathe, apply perfume if they have any, and use the miswāk (tooth-stick).”[7] The Prophet ﷺ told us to be extra clean because it is an “Eid.” Therefore, on Eid al-Fiṭr, we should follow this sunnah.
  2. Wear nice, clean clothes. It does not have to be new, but it should be clean, ironed, and nicer than your daily outfit[8]. In following this recommendation, ʿUmar (raḍiy Allāh ʿanh[9]) once bought a nice outfit to give to the Prophet ﷺ and said, “wear it to look nice on Eid.”[10]
  3. Eat an odd number of dates before the Eid prayer. The young companion of the Prophet ﷺ, Anas (raḍiy Allāh ʿanh), taught us that the Prophet ﷺ would not leave his house for Eid al-Fiṭr prayer until he ﷺ ate an odd number of dates.[11] If dates are unavailable, one may eat anything sweet to fulfill this sunnah.
  4. Recite the takbīrāt of Eid. That is to say — اَللهُ أَكْبَرُ اَللهُ أَكْبَرُ اَللهُ أَكْبَرُ لَا إِلٰهَ إِلَّا اللهُ وَاَللهُ أَكْبَرُ اَللهُ أَكْبَرُ وَلِلَّهِ الْحَمْدُ — Allāhu Akbar, Allāhu Akbar, Allāhu Akbar, lā ilāha illā Allāh, Allāhu Akbar, Allāhu Akbar, wa li-llāh al-Ḥamd. God is Greater, God is Greater, God is Greater. There is no God except Allāh. God is Greater, God is Greater. The most perfect and complete praise and thanks belongs solely to God.[12] It should be recited happily and aloud.[13]
  1. Return home from a different route. The companion, Jābir (raḍiy Allāh ʿanh), told us that the Prophet ﷺ would take a different route when going to and returning from the Eid prayer area.[14] Someone can make their way to the Prayer Area via the freeway, and return via surface streets, for example. Or head towards the Prayer Area from one direction, and return home via the opposite direction.
  2. Meet and greet others with phrases of acceptance. Some of the Companions (raḍiy Allāh ʿanhum), upon meeting each other on Eid, would say تَقَبَّل اللَّهُ مِنّا ومِنك — “May God accept from you and us.”[15] It is not necessary to say this in Arabic; one may convey greetings of acceptance in any language.

FAQs[16]

  1. Can women attend the Eid Prayers?
    • Yes, they absolutely can and should. All women are highly encouraged to partake in the Eid Prayer with the entire community. If a woman is on her period (menses), and is not praying, then she can and still should attend, but should try and sit in any place that is not technically considered “Masjid” (i.e., outside, the lawn, tents, foyer, lobby).
  2. Can I pray Eid Ṣalāh at home if I personally don’t feel comfortable bringing my elderly parent(s) and/or child(ren) and don’t want to pray without my family?
    1. According to the Ḥanafīs, Eid Prayer is Necessary (wājib) for an adult male upon whom Jumu'ah is usually an obligation (farḍ). Not wanting to go to the communal Eid Congregation without one's family is not a valid reason for that individual to not pray with the Communal Eid Congregation, nor to pray at home. This is in regards to someone being uncomfortable bringing a member of the household, as opposed to someone being advised by a medical doctor that leaving the home would put other members of the household at risk.
    2. According to the Shāfiʿīs, Eid Prayer is Sunnah Muʾakkadah. Someone who is unable to bring their family to the Communal Eid Prayers may pray the Eid Prayer at home. However, they should not give an Eid Khuṭbah (Sermon) in their congregation at home.
    3. According to the Ḥanbalīs, Eid Prayer is a Communal Obligation (Farḍ Kifāyah). So if someone is unable to make it, there is no blame or sin upon them at all. If someone is able to attend the communal Eid Prayer and are able to leave other members of the household at home, then they should but are not obligated to do so. But if they are not able to leave other members of the household at home, then that will be a valid reason for them to miss the Eid Prayer, and thus, they can pray the Eid Prayer at home (for more information see question #5).
  3. Do I have to attend the Eid Prayers?
    • See question #2.
  4. Can I pray Eid Prayers at home by myself or with my family?
    • One cannot default to praying Eid Ṣalāh at home if there none of the above-listed excuses are present. Details can be found in this article https://iokchess.com/eid-al-fitr-in-2021/ in the section titled, Can I hold my own Eid Prayer at home?
  5. How do I perform the Eid Prayers?
    • One should only be performing the Eid Prayers on their own if they were not able to attend their local congregation. A detailed overview can be found here: How to Spend Eid in Quarantine.
  6. Can I attend multiple Eid Prayers?
    • One should not partake in multiple Eid Prayers. This is not only due to religious reasons, but also because someone who has already prayed Eid Ṣalāh should allow others to have a spot at another congregation.
  7. Can I pray any extra prayers before or after Eid Ṣalāh?
    • One should avoid praying anything but the Eid Prayers while at the place where Eid is being performed, unless one needs to make up the Fajr of that day.[17]
  8. I missed the first and/or second unit of Eid Ṣalāh, what should I do?[18]
    • You make up the rakaʿah (unit) along with the additional takbīrs. The number of additional takbīrs can vary, but most places in Greater LA will do an additional 7 takbīrs (before recitation) in the first unit (rakʿah), and an additional 5 takbīrs (before recitation) in the second unit (rakʿah). If the unit (rakʿah) is made up without the additional takbīrs, there is no blame, and nothing additional needs to be done.
  9. I caught the first unit (rakaʿah) with the Imām, but I joined after he completed the extra takbīrs. Do I have to make them up?
    • If possible, yes. There are 3 possible scenarios
      1. If you joined while the Imām is still standing, say the extra takbīrs individually even if the imam is reciting Qurʾān.
      2. If the Imām is in rukūʿ, but you think you have enough time to do the extra takbīrs, say the extra takbīrs and then go into rukūʿ.
      3. If the Imām is in rukūʿ, but you don’t have enough time to say the extra takbīrs and join the Imām before going into rukūʿ, join the Imām in rukūʿ and say as many of the additional takbīrs as you can while in rukūʿ[19]. If you don’t complete all the extra takbīrs and the Imām stand up from rukūʿ, stand up with the Imām. You do not have to complete the additional takbīrs in this case.
  10. Can Eid Ṣalāh be performed at the Masjid?
    • Yes. It is completely valid. The Sunnah is to perform it in a large public open space, but if that is not available, praying at a Masjid is absolutely permissible.
  11. Can I pray Eid Ṣalāh in the street if there’s no capacity in the main prayer area?
    • One should only pray in sections designated by their local Masjid/Community leadership. One should not pray wherever they feel like.
  12. I broke my wuḍūʾ right before or during the Eid Ṣalāh and the bathrooms are closed and/or too far. What should I do?
    • In this case, one can perform tayammum (dry ablution). One can simply tap their hands on any earthen material (dirt, rocks, cement, uncoated marble, bricks), then wipe their face. And repeat a tap to the earthen material, and wipe the entirety of their arms (from the tip of one's fingertips up to and including the elbows).[20] If one does not have access to those materials, then they can stay seated and not pray. This person would then have a choice between not praying anything as a substitute, or by praying Eid alone at home. Details can be found in this article https://iokchess.com/eid-al-fitr-in-2021/ in the section titled, Should I attend the Eid Prayers?
  13. Can I pray behind a remote/live-streamed Imām?
    • No. The vast majority of scholars opine that one cannot pray along with a live-streamed prayer.
  14. To whom should I give my Ṣadaqah al-Fiṭr?
    • It can be given to any organization that will distribute it to those who are in need. It can also be given directly to an individual who is unable to provide food for his or herself.
  15. Can I fast on Eid?
    • No. The Prophet ﷺ forbade us from fasting on Eid. One can resume fasting from the day after (the 2nd of Shawwāl).
  16. Is it recommended to hug each other on Eid? What about 3 hugs?
    • Hugging is something that, in our culture, is a way for Muslims to show care and express happiness. As such, it is completely allowed, and can even be considered a good action. One can and very much should hug their loved ones, and show them love and affection. Be that through one hug, or ten, or through other cultural norms.

Footnotes

  1. A prayer typically used for the companions of the Prophet ﷺ meaning “May God be pleased with them.”
  2. Abū Dāwūd, al-Sunan Kitāb al-Zakāh Bāb Zakāh al-Fiṭr
  3. This exact amount is differed upon. The Ḥanafīs consider this to be the amount that makes one ineligible for Zakāh. This amount is known as niṣāb ḥirmān al-zakāh, meaning that one has non-zakātable possessions that meet or exceed the niṣāb of around $8,360 (as of 03/24/2024). The Mālikīs consider this amount to be the ability to pay it. The Shāfiʿīs and Ḥanbalīs consider this amount to be when an individual has more than the bare necessities in terms of food for his or herself and their dependents. — Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 23 p. 337.
  4. This is according to the vast majority of scholars. Some Mālikis consider it sunnah. — Al-Mawsūʿah Al-Fiqhiyyah Al-Kuwaytiyyah v. 23 p. 336.
  5. See https://fiqhcouncil.org/fidyah-and-zakat-al-fitr/
  6. 2:185 — وَلِتُكَبِّرُوا۟ ٱللَّهَ عَلَىٰ مَا هَدَىٰكُمۡ وَلَعَلَّكُمۡ تَشۡكُرُونَ
  7. Ibn Mājah, al-Sunan Kitāb Iqāmah al-Ṣalāh wa al-Sunnah fīhā, v.1 p. 349 #1098
  8. This is, of course, if a person already has nice clothes, or has the means to buy nice clothes. If a person does not have such means and can only wear their regular clothes on Eid, there is absolutely no blame on that person.
  9. This is a prayer usually said after mentioning a companion of the Prophet Muḥammad ﷺ which means: May Allāh be pleased with them.
  10. al-Bukhārī, Ṣaḥīḥ Kitāb al-ʿĪdayn Bāb fī al-ʿĪdayn wa al-Tajammul fīh
  11. al-Bukhārī, Ṣaḥīḥ Kitāb al-ʿĪdayn Bāb al-Akl Yawm al-Fiṭr Qabl al-Khurūj
  12. The Ḥanafīs prefer to only say Allāhu Akbar twice in both instances, as opposed to thrice and then twice. This is based on the the answer of the tābiʿī, Abū Isḥāq, who was asked by his student Sharīk, “How would ʿAli (raḍiy Allāh ʿanh) and ʿAbd Allāh ibn Masʿūd (raḍiy Allāh ʿanh) recite the takbīrāt of Eid?” Abū Isḥāq responded with the above phrase, with Allāhu Akbar repeated twice in both places. — Ibn Abī Shaybah, Muṣannaf, Ḥadīth #5653.
  13. Although Abū Ḥanīfah (raḥimahu Allāh - May Allāh have mercy on him) preferred that it be recited silently on Eid al-Fiṭr, his students Abū Yūsuf (raḥimahu Allāh - May Allāh have mercy on him) and Muḥammad (raḥimahu Allāh - May Allāh have mercy on him) preferred that it be recited aloud. — al-Qudūrī, Mukhtaṣar Kitāb al-Ṣalāh Bāb Ṣalāh al-ʿĪd, p. 41.
  14. al-Bukhārī, Ṣaḥīḥ Kitāb al-ʿĪdayn Bāb man khālfa al-Ṭarīq idhā rajaʿa yawm al-ʿĪd
  15. al-Bayhaqī, al-Sunan al-Kubrā Kitāb Ṣalāh al-ʿĪdayn Bāb m ruwya fī qawl al-nās yawm al-ʿĪd baʿḍuhum li baʿḍ taqabbal Allāh minnā wa mink
  16. For brevity, questions that can have multiple opinions that have not been addressed earlier in the article will only be given the Ḥanafī position.
  17. This is according to the Ḥanafīs, and Ḥanbalīs. The Shāfiʿīs do allow it, as do the Mālikīs as long as it’s not at the Eid Grounds.As for praying extra prayers at home, there are more details and differences of opinion. In sum: Ḥanafīs consider it disliked to pray extra nafl prayers at home only before Eid (perhaps an exception can be made if it’s someone’s daily habit to do so). But anything after at home is fine. Mālikīs consider it permissible before and after as long as it’s not at the Eid Grounds. Shāfiʿīs allow it unconditionally. Ḥanbalīs consider it disliked unconditionally. مذاهب العلماء في النافلة عند صلاة العيد وأثناء الخطبة
  18. For more details regarding questions 8 and 9, please see: The Fiqh of Eid al-Fitr & Eid al-Adha. Al-Ṭaḥṭāwī, Ḥāshiyah, p. 534.
  19. This will be done just by moving the tongue and lips. One should not be raising their hands in this scenario.
  20. According to the Ḥanafī school.