Leniency in Fatwas and Its Effect on Visitors

In Allah's name, the Merciful. The Compassionate. Praise to Allah.

with abundant, good, and blessed praise, as our Lord loves and is pleased.

I bear witness there is no god but Allah alone, without partner.

Praise is His, here and hereafter.

I bear witness our master, our Prophet, Muhammad, is His servant and Messenger.

Whoever holds fast to his Sunnah is guided to the firm handhold.

May Allah bless and grant him peace, and his family and companions.

People of virtue and piety. Now then.

Allah ﷻ has taken a covenant from scholars to convey His religion.

And when Allah took the covenant from those given the Book.

Make it clear to people and do not conceal it.

And He commanded His servants to ask the people of knowledge when ignorant.

"So ask the people of knowledge if you do not know."

The Prophet Muhammad ﷺ warned against the ignorant issuing fatwas.

and explained that fatwa is a difficult ascent and steep climb.

Asking scholars is the path of goodness and safety.

And the way to happiness and peace of mind.

Jabir ibn Abdullah (RA) said. We went out on a journey.

A stone struck one of us and split his head; then he had a wet dream.

He asked them, Can I have a concession for tayammum?

They said, "We find no concession for you while you can use water."

So he bathed and died. When we came to the Prophet ﷺ and told him, he said.

"They killed him! May Allah ﷻ kill them! Why not ask when they did not know?"

"The cure for ignorance is to ask."

There is no doubt that a fatwa, when based on sound foundations,

in terms of the mufti's competence to examine and infer rulings.

while considering the questioner's state.

it is among the greatest means to ease their religion and worldly life.

Especially for those heading to the Holy Haramain.

That is because of the many issues they encounter.

After examination and survey, I found

that the issues facing those heading to the Holy Haramain

and the problems they encounter stem from two key causes.

The first is lack of understanding or lack of knowledge.

that is simple ignorance of the rites and other things like places, directions.

Like one who does not know, for example, where tawaf or sa'i begins.

So he begins his tawaf, for example, from the Yamani Corner.

Or he begins his sa'i from al-Marwah.

thus putting himself in hardship, and those with him as well.

The second matter is prior mistaken understanding.

Or lack of knowledge, or compound ignorance of the issues.

Like one who thinks the sa'i from Safa to Marwa, both ways, is one lap.

Or thinks purity is required for ihram.

So some women pass the miqat without ihram from menses or nifas.

Yet when the Prophet ﷺ was informed.

that Asma bint Umays RA had postpartum bleeding.

after giving birth to Muhammad ibn Abi Bakr RA.

He told her to enter ihram, as in the Sahih.

And this is worth recalling here.

Among the greatest causes that cause hardship to the duty-bound.

Especially for those heading to the Haramain: two matters.

The first is theoretical and informational.

The second is practical and applied.

As for the first, it is what many Muslims have come to believe.

That religiosity and worship lie in strictness and excess.

This is a false notion and a corrupt belief Satan has foisted on many people.

It led to false beliefs that produced evil acts against Sharia and sound nature.

Yet among the greatest qualities of the Sharia are ease and facility.

Allah says, "Allah intends ease for you, not hardship."

And the Most High said, "He placed no hardship on you in religion."

In the two Sahihs, from the hadith of Aisha (RA), who said.

The Messenger of Allah ﷺ was never given two options but chose easier.

So long as it was not sinful. If sinful, he was farthest from it.

As for the second, it is that the person seeks hardship itself.

thinking this brings greater reward and more recompense.

This occurred in the Prophet ﷺ era, and he warned most strongly of it.

In al-Bukhari, from the hadith of Ibn Abbas (RA), who said.

While the Messenger of Allah ﷺ was preaching, he saw a man standing.

So he asked about him. They said, "This is Abu Isra'il."

He vowed to stand and not sit.

and not seek shade, and not speak.

and not break his fast. Then the Prophet ﷺ said:

"Tell him to speak and seek shade, sit, and complete his fast."

Another example is choosing to do tawaf on the Grand Mosque's upper floors.

to seek more reward because of the toil and fatigue involved.

though tawaf in the courtyard is easy and convenient.

But if he did so to perform tawaf under the shade of those floors.

or to keep away from women, for example.

The ruling differs; acts follow intent.

Another example is heading to a farther miqat.

while passing by, or drawing level with the nearest one, for example.

Or entering ihram long before the miqat, to gain more reward.

not out of fear of missing ihram.

Here I mention to you a great statement by Shaykh al-Islam Ibn Taymiyyah RH.

He RH says. Among what should be known.

What should be known is that Allah ﷻ's pleasure or love is not.

in merely tormenting oneself and burdening it with hardships.

Allah's pleasure and love are not in mere self-torment and hardship.

so the harder a deed is, the better, as many ignorant think.

that reward is according to hardship in everything.

No. Reward is according to a deed's benefit, welfare, and usefulness.

But reward depends on a deed's benefit, welfare, and usefulness.

If hardship occurs unintentionally the servant is rewarded for it.

Like one whose mount stumbles during the rites.

Hence fatwa serves to ease matters for all accountable people.

After further review, I also found.

Most issues concerning the Sacred Mosque and Prophet's Mosque.

In terms of what visitors face it mostly concerns ritual matters.

And some of that may fall outside this category, though very little.

As will be mentioned later, if time permits.

Here is a very important note.

Ease in fatwa is not intended for its own sake.

Ease in fatwa is not intended for its own sake.

The mufti only gives fatwa by what he believes before Allah ﷻ.

as indicated by the evidence.

while considering the questioner's circumstances.

A fatwa does not make the unlawful lawful.

Nor make duty just recommended.

Nor turn a condition or pillar into a mere extra for ease.

This cannot be. If it is asked, "How can that be?"

when the texts of the Sharia have already stated this.

Among its greatest traits and aims are ease and the removal of hardship.

We say: That is true, but it is the Lawgiver's prerogative.

Ease and lifting hardship belong to the Lawgiver, not the mufti.

That was during the period of revelation and the days of legislation.

Now, after revelation ceased, religion was completed and the blessing perfected.

the reference is the Book of Allah ﷻ and the Sunnah of His Messenger ﷺ.

Lawful is what Allah made lawful. Forbidden is what Allah forbade.

Allah and His Messenger make things lawful.

Allah and His Messenger forbid things.

Religion is what Allah and His Messenger ordained; no mufti may exceed it.

seeking ease and facilitation for those accountable and fatwa-seekers.

except in line with the principles and parameters laid down by Sharia.

Based on the foregoing, helpful here is what I mean by easing fatwas.

for visitors and Umrah-goers to the Sacred Mosque and Prophetic Mosque.

A set of fiqh principles and relevant notes to keep in view.

to be kept in mind by the mufti. Let us begin with some of these points.

First, the mufti should bear in mind the issue of people with excuses.

In purification, for example, like chronic gas or urine leakage.

Directing them to suffice with renewing wudu for each prayer.

when prayer time begins, by analogy with the woman with istihaadah.

and that what comes out afterward does not affect them.

spares them hardship and distress that only Allah ﷻ knows.

Allah ﷻ be praised, the state, may Allah ﷻ honor it, has set aside

places for renewing wudu to make things easier for Muslims.

The second issue: disconnected rows in the Sacred Mosque and Prophet's Mosque.

Many worshippers feel uneasy about it and think their prayer is lacking.

The correct view is that it is valid even if the rows do not connect within it.

And the correct view is that it is valid if the rows do not connect inside it.

The same applies outside as well, if those outside can follow those in.

Imam al-Muwaffaq Ibn Qudamah RH said. Connected rows are not required.

Third: the mufti's awareness of differences between issues and rulings.

Leaving a Hajj or Umrah duty is not like violating a prohibition.

The former owes a sacrificial offering.

As for one who commits an ihram violation.

Such as shaving, clipping nails, wearing sewn garments, and the like.

Then he may choose to fast six days.

Or feed six poor persons, or slaughter a sheep.

I will mention some maxims briefly.

They are major universal maxims, foundational in this field.

The major maxim: hardship brings ease. Under it: no duty beyond one's ability.

Under this is whoever cannot pray in the Sacred Mosque.

then prayer within the Haram's bounds earns the same reward.

And the rule: necessities allow the prohibited.

In the Sacred Mosque, it is allowed to pass before one praying amid crowds.

For the same reason, some scholars applied it to al-Nabawi and Khayf Mosques.

A ruling follows its cause, present or absent.

Another principle is that need is treated like necessity.

One example in this regard is using a proxy in stoning when unable.

If one finds no place to stay, night stay is waived; he sleeps in Makkah.

Likewise, wearing khuffs for one who cannot find sandals.

Under the rule: "If the original cannot be done, a substitute replaces it."

Finally, esteemed ones the key findings

The recommendations drawn from what we've covered are clear to anyone.

the importance of fatwa and its role in easing matters for those accountable.

A mufti must be qualified capable and insightful

so as to grasp the issues and distinguish between them.

One recommendation can be made here.

A group of eminent scholars should take this up.

They should compile the most important issues that commonly arise.

These concern pilgrims, visitors, and 'umrah-goers to the Haramain.

all in a single booklet that would serve as a reference.

for use by muftis in ifta offices in the Haramain.

I believe these brief pages have touched on this, however slightly.

the topic of ease in issuing fatwas at the Haramain and its effect on visitors

Allah is behind the intent, and He guides the way.

Allah's blessings and peace be upon our Prophet Muhammad ﷺ

And upon his family and all his companions.

[Birds chirping].