Friday, 25 July 2014

Bahaar-e-Shariat Volume 16 Blog Page 5

Laws of Jurisprudence

 In certain conditions, it is Fard (obligatory) to eat, and eating in such conditions will allow one to accumulate reward. Not eating (in such conditions) will cause one to be held in contempt (i.e. he will be regarded as being sinful). If a persons hunger is so intense, that he feels he will surely die if he does not eat, then in such a condition, it is Fard for him to eat the amount of food which is sufficient to save his life. If he does not eat in this condition and this causes his death, then he will be regarded as being sinful. It is necessary for a person to eat enough that will give him the energy to stand up and perform his Namaaz and to keep his fast. In other words, if he does not eat, he will become so weak that he will not have enough energy to stand up and perform his Namaaz or keep his fast. To eat in such a condition is deserving of reward. [Durr-e-Mukhtar]
Law: When in a situation of Iztiraar; in other words, when one is faced with a situation where there is a risk of one losing his life if he does not eat, then in such a situation, even if he does not get anything which is Halaal to eat, he may eat that which is haraam, or he may eat of the carrion, or even that which belongs to someone else, in order to save his life. Under such dire circumstances, there is no accountability for eating these things. Actually, one is held accountable for not eating in such a situation. He should eat it, even if he will be held liable to pay a penalty for eating something that does not belong to him. [Durr-e-Mukhtar]
Law: If there is danger of dying due to thirst, then to drink anything in order to save you from destruction is Fard. If no water is available and only alcohol is available, then one should drink only enough to eliminate the threat (of death). [Durr-e-Mukhtar, Raddul Muhtar]
Law: If some other person has in his possession something to eat and drink, then one may pay him for it and then eat or drink it. If he does not agree to give the said thing even on payment and there is a fear of ones life being in danger, then one may forcefully snatch it from him. If he is also facing the same threat (i.e. he too faces dying if he gives it away), then you should take only a portion and leave a portion for him. [Raddul Muhtar]
Law: If a person is in the condition of Iztiraar (in such a condition where there is danger that one may loose his life) and another person says to him, Cut off a piece of my hand and eat the flesh’, then in this case, he has no permission to consume this meat (no matter what the circumstance). To consume the flesh of humans, even in such a (dire) circumstance is not Mubah (Lawful). [Raddul Muhtar]
Law: Medicine and Treatment should not be adduced on the basis of the ruling, which is applicable to food and drink. In other words, in the condition of the risk of death, one is permitted to eat the carrion and to drink alcohol (only sufficient to save ones life), but alcohol as a medicine will not be regarded as permissible. Reason being that the flesh of the carrion and the alcohol will definitely alleviate the hunger which is threatening ones life, but it cannot be said with complete conviction that consuming alcohol as a medicine will definitely reverse the illness. [Raddul Muhtar]
Law: One should try to eat less than ones hunger, and to eat so much that ones hunger is completely alleviated is Mubah (lawful), i.e. neither is there any (special) reward in doing so, nor any sin, because there is always the possibility that one could have had a valid reason for this (eating enough to alleviate the hunger totally), such as to attain more stamina. To eat more than ones hunger (i.e. to over-eat) is haraam. To eat more than ones hunger (over eating), means to each so much that there is a risk of the stomach being damaged (upset). In other words, there is a risk that it will lead to having diarrhoea and will cause ones condition to become unpleasant (i.e. it can cause severe indigestion). [Durr-e-Mukhtar]
Law: If one eats more than ones hunger (need), with this thought in mind that he would be able to keep the fast of the following day properly and so that he will not feel any fatigue whilst fasting, then there is no harm in doing so. This is only when he only eats so much more, where he knows that it will not cause any harm to his stomach (digestive system) and he knows that if he does not eat more, he will feel fatigue and it will take (a longer) time for him to accomplish other duties. Similarly, if he is partaking in a meal with a visitor and he knows that by him holding back his hand, the visitor will be shy to eat a full stomach, then even in such a situation, one is allowed to eat a bit more. [Durr-e-Mukhtar]
Law: To eat a full stomach so that one may be able to perform Nafil prayers in abundance and that he will not feel any fatigue in reading or teaching and he will be able to accomplish this duty properly, is (recommended). If one ate more than ones limit, but not so much that the stomach is upset, it is Makruh. A person who spends a great deal of time in Ibaadat (worshipping and prayer) has the discretion of either eating to the extent of it being Mubah (Lawful) or to the extent of it being Mandub (recommended), but he should make the intention that, ‘I am eating so that I may attain the necessary stamina to perform Ibaadat’ as to eat with the said intention is also included in the category of Obedience (to Allah). One should not eat with the objective of attaining pleasure and delight, as this is not a good quality. In the Holy Qur’an it mentions that the objective of the kufaar is to eat for pleasure and enjoyment, and overeating (over indulging) has been referred to in the Hadith Shareef as the quality of the kufaar. [Raddul Muhtar]
Law: It is impermissible to eat such a modest amount of food whilst striving in the way of Allah (i.e. in Riyaazat and Mujaahida), that it causes one such weakness which hinders him from fulfilling his obligatory Ibaadat, like in a situation where a person eats so little and becomes so feeble due to this, that he is not able to stand up to perform his Namaaz. However, if he does not feel such weakness, then there is no objection (to him eating such a modest amount). [Durr-e-Mukhtar]
Law: If one over ate, so that he may throw up thereafter, and this situation is beneficial for him, then there is no objection to this, as this practice is beneficial to some people.[1] [Raddul Muhtar]
Law: There is no objection to eating a variety of fruits (together), even though it is better not to do so. [Raddul Muhtar]
Law: If a young man fears that by eating a full stomach, he will be overwhelmed by lust, then he should eat less so that he is not overwhelmed by this lust[2].
However, he should not eat so little that it causes failure in him performing his Ibaadat. [Alamgiri]
Law: If only one type of food is present and this causes a person to become agitated because he is not able to fulfil his (dietary) requirements through this, and he thus prepares a variety of foods so that he may eat some of each food type and thus fulfil his (dietary) requirement; then there is no objection in preparing a variety of meals for this reason. If a person prepared a variety of foods so that he may invite others to partake in it and none of the food will go to waste, then this too is allowed. If this is not the aim, then it is regarded as Israaf (being wasteful). [Alamgiri]
Law: The etiquettes and recommendations of eating are as follows: (1) To wash the hands before eating; (2) To wash the hands after eating; (3) Not to wipe the hands after washing them before eating; (4) To wipe the hands on a piece of cloth or towel after washing them after eating, so that the traces of food are not left on the hand.
Law: It is Sunnat to wash both the hands up to the wrists, before and after eating. Some people wash only one hand or just the fingers. Some people just suffice by only washing the finger tips. This does not fulfil the recommendation of the Sunnat. [Alamgiri]
Law: It is Mustahab (Desirable) when washing the hands, not to take assistance from anyone, but rather to pour the water over your hands personally. In other words, the rule is the same as with regards to wudu. [Alamgiri]
Law: (5) Wash the hands thoroughly after eating so that there are no traces of food on the hand. There is no objection in using flour, husk or gram flour when washing the hands. Nowadays, there is the practice of using soap to wash the hands. There is also no objection to this. It is not Sunnat to rinse the mouth before eating. If someone did not rinse the mouth, it will not be said that he has omitted a Sunnat. However, if a Junub1 does not rinse the mouth before eating, then this is regarded as Makruh. However, it is not regarded as Makruh for a female who is menstruating to eat without rinsing the mouth. (6) Before eating, the hands of the younger ones should be washed first and after eating, the hands of the elders should be washed first. (7) and thereafter the hands of the youngsters. This same rule applies regarding the Ulama and Mashaíkh (Learned Personalities and Mystics), that before eating, their hands should be washed last and after eating, their hands should be washed first. (8) To commence eating by saying Bismillah- بسم اﷲ  (9) To complete eating by saying الحمدﷲ ; If one has forgotten to say بسم اﷲ _ then on remembering, one should say بِسْمِ اللہِ فِیْ اَوَّلِـہٖ وَاٰخِرِہٖ. Pronounce the بسم اﷲ (Bismillah) aloud, so that those who have forgotten to say it may remember and then mention it, but say الحمدﷲ silently if you have finished eating. However, if all have completed eating, then you may say الحمدﷲ aloud as well, so that the others may hear it and be grateful to Allah. (11) Nothing should be kept on top of the roti (bread). Some people keep the curry bowl or the bow[3] of chutney or the salt dispenser on it. One should abstain from doing this. However, if the salt is kept in a piece of paper, then it may be kept on the roti. (12) Do not wipe your hands or a knife on the roti. (13) To recline whilst eating or (14) to eat without covering the head is contrary to the etiquettes of eating. (15) To rest the left hand on the ground whilst eating is also Makruh. (16) To break off the edges (crust) of the roti and only eat the bread from the centre is Israaf (being wasteful). The entire roti should be eaten. There is no objection in breaking off the edges (crust) if they are not properly cooked, and if eating it will be harmful to you. Similarly, if you are aware that the pieces that you break off will be eaten by others and will not go to waste, then there is also no objection in breaking it off. The same ruling applies to eating only that portion of the roti which is raised and leaving the rest. (17) One should not wait for the curry once the roti has been served, but one should immediately start eating. This is one of the reasons why the roti is usually the last thing to be served, so that there is no need to wait; (18) eat with the right hand; (19) it is wasteful to discard a morsel, which has fallen from ones hand onto the spread. One should first pick up and eat the fallen morsel. (20) Do not eat from the centre of a plate or bowl but eat from the sides; (21) and eat from the side, which is closer to you. (22) If there is only one type of food, then eat from one place and do not put your hands everywhere. However if there is a variety of foods kept in a tray, then one may eat from different places, as it is not regarded as being of one type. (23) When eating, place the left leg on the ground and keep the right leg (knee) upright, or sit on your rear keeping both knees upright. (24) Do not eat very hot (steaming) food; and (25) blow neither on food; (26) nor smell the food; (27) continue talking whilst eating. Do not remain totally silent as this is the way of the Majoosis’ (fire-worshippers). However, do not speak vile words, but have good discussions. (28) Clean your fingers (lick them) after eating. Do not leave any traces of food on them; (29) wipe your plate clean with your fingers and then clean (lick) the fingers. It has been mentioned in the Hadith that the plate of a person who cleans it thoroughly after eating, will make dua on his behalf by saying, ‘(May) Allah protect you from the fire of hell, like you have protected me from shaitaan’. It is mentioned in another narration that the plate makes Istighfar for him (asks for him to be forgiven). (30) Commence eating with salt and (31) end with salt. It alleviates 70 illnesses. [Bazaazia, Raddul Muhtar]
Law: It is Makruh to eat on the streets and in the market place.
Law: If pieces of bread have piled up on the eating mat, either eat it or feed it to the chickens, cows or goats etc. Otherwise, leave it somewhere carefully, where the birds or ants will eat it. Never throw it onto a road (pathway). [Bazaazia]
Law: Neither should you find fault with food, nor should you say that the food is bad. Rasoolullah  never found any fault with food. If he wished he ate it, if not he left it.
Law: In India it is a practice, that when someone enters whilst you are eating, people generally invite him to join in the meal. They say, please join us in our meal. However, if those who are eating do not offer them to join in the meal, they then taunt them about it and say, ‘they didn’t even offer us to join them’. It is a good practice to invite other Muslims to join you whilst eating. However, it is necessary for those who are inviting someone; to do so with sincerity and not merely as a formality to show that they have asked. It has also been noted that sometimes when someone is asked to join in a meal, he replies by saying Bismillah. One should not say this at this juncture, as there is no sense in saying بسم اﷲ at this time (i.e. it is not appropriate). The learned Ulama have strictly cautioned us against saying بسم اﷲ at such an instance. The Ulama have mentioned that it is more appropriate to mention some words of Dua, such as, Allah grant you barkat! May Allah bless you abundantly!
Law: If a father is in (urgent) need of provisions belonging to his son and is needy but does not have the amount to purchase it, then it is permissible for the father to use the goods of the son without any compensation (payment). However, if he has the amount to purchase it, but he is not able to get the goods, then he may pay the compensation (price) and use it. This is in the case where the son is Na Laa’ik (i.e. incapable or inefficient) and if he is inefficient, then the father may use his belongings even without need. [Alamgiri]
Law: If a person has become so feeble due to hunger that he is not even able to walk out of his house to explain his plight to others, then is Fard upon whoever hears of his plight, to provide him with something to eat, so that he may become able enough to leave his home. If he was not given any assistance and died of hunger, then all those who were aware of his condition are sinners. Now if one person in particular is aware of his condition, but even he is in such a position that he does not have anything to give him, then it is Fard upon him to mention his plight to others and to ask others for something, and to then give it to him; and if this was not done and the person died, then all those who were aware of his condition are sinful; and if this person is strong enough to leave his home but does not have the capacity to work and earn, then he should go to the people and ask for assistance, and it is Waajib (compulsory) upon those who have something that can be given as Sadqa, to give something to him. However, if that needy person is able to work and earn, he should work in order to earn some money. It is not Halaal for him to ask for help (i.e. beg) in such a circumstance. If a needy person is not able to work but he has the ability to go to the homes of people and beg (ask for help), then it is Fard upon him to do this. If he did not do this and died due to starvation, he will be held accountable (i.e. he will be regarded as being sinful). [Alamgiri]
Law: If a few drops of perspiration, saliva or tears dripped (into the food) whilst eating, it will not cause the food to become Haraam. The food can be eaten. Similarly, if something pure mixed with water, but caused one to feel abhorrence; drinking it is still permitted. [Alamgiri]
Law: If one finds a piece of dung in the roti and it (the dung) is hardened, then break off that piece and throw it away. The entire roti will not be regarded as being Najis (contaminated – impure), and if it has some softness in it, then it should not be eaten at all. [Alamgiri]
Law: If one sees a piece of roti (bread) in a gutter or in any other impure place, then it is not necessary for him to pick it up, wash it and keep it in some other place. [Alamgiri]
Law: If a human tooth is crushed together with wheat in a mill, then neither is one allowed to eat this flour and nor can it be fed to any animal. [Alamgiri]
Law: It is Haraam (totally forbidden) to eat rotten meat. [Alamgiri]
Law: If one enters an orchard and finds fruit scattered on the ground, then unless one does not acquire the permission of the owner of the orchard, he is not allowed to eat the fruit. There are two ways of acquiring permission: Saraahatan (Explicitly Clear) or Dalaalatan (Evidently implying). One is where explicit (i.e. clear) permission is given, where the owner has said that whatever fruit have fallen (from the tree) can be eaten. The second is when the permission is based on the fact that it is well known and a common practice in such a place, that the owners of the orchards do not forbid people from eating the fallen fruit. However, it is not permissible to break the fruit from the trees and then eat them. However, there is an abundance of the fruit and it is known that the owner will not take offence in you doing so. Then to break the fruit from the trees and eat them is also permissible. However, under no circumstance is it permitted to carry away fruit from the orchard. [Alamgiri]
All the above mentioned rules are based on well known and common practice, and if there is no prevalent and common practice prevailing there and one is aware that eating from the orchard will be offensive to the owner, then to eat from it is not permissible.
Law: During the autumn months, the trees shed their leaves. If the leaves are useful, then to take them away is not permissible. If they are of no use to the owner, like in our country (India) when the trees shed their leaves, and the owner does not make use of them, but rather those who use it in the furnace to parch grain take them away, then to take such leaves is not objectionable. [Alamgiri]
Law: A person went to his friend’s home and without permission, he ate whatever food he found there, or if he went into his friend’s orchard, broke fruit of the tree and then ate it. If he knows that his friend will not take offence to this, then it is permissible for him to do this. However, he must contemplate accurately here, because in some cases it seems like the friend does not take offence, but in reality such actions offend him. [Alamgiri]
Law: To slice the roti with a knife is the way of the Christians. Muslims should abstain from this. However, there is no harm in doing so, if there is a necessity, such as if one needs to slice the current day loaf of bread, by cutting it into halves, so as to serve each person with one half during a function or when milk bread is served. Similarly there is no harm in slicing (carving) a whole roasted thigh piece.
Law: The manner of the Muslim is to sit on the ground etc. when eating. To eat at a table whilst sitting on chairs, is the manner of the Christians. We should avoid this. Muslims should emulate the pious predecessors in everything that they do. We should never adopt the ways of the unbelievers.
Law: When cooking leavened bread, yeast is purchased from the baker and on the same token, the baker takes away a portion of their flour. There is no harm in this. [Alamgiri]
Law: There are people who jointly collected money and then prepared a meal, in which all of them will partake. All of them contributed equal amounts of money, but some will eat more whilst others will eat less. There is no harm in this. Similarly, if a few Musafirs (travellers) kept their provisions together and then sat down to eat all together, there is still no harm in doing this, even though someone may eat more whilst another might eat less, or even if the provisions of some were good whilst the provisions of others were not the same. [Alamgiri]
Law: When cleaning the teeth with a toothpick, if any strands of food etc. come out of the teeth, it is best to discard of it. However, if one swallows it, there is still no harm. One should not throw the toothpick or anything else that was used to clean the teeth in front of anyone, but one should keep it with him until such time that a basin etc. is brought around, wherein it can be discarded. Do not make Khilaal of the teeth with picks from fruit trees or flowers. [Alamgiri]
When making khilaal of the teeth it is best to use the toothpick acquired from the Neem (Margosa)[4] tree. The reason for this is that its bitterness helps to cleanse the mouth well and it is also very beneficial to the gums. Broom sticks can also be used for this purpose. This should only be done if they have not been used before.


[1] The above mentioned law should not be misunderstood by those who use the, eat and vomit method when dieting or for other undesirable reasons. To eat and vomit for such reasons is not beneficial in any way and causes harm to the digestive system. In reality, it is an eating disorder which is very harmful and commonly known as bulimia.
[2] Similarly, some people have an increase in lust (shahwat) after eating meat. Such people should thus cut down in meat in their diet.
[3] Junub: A person in an impure state after sexualy intimacy etc. and thus in need of taking the Fard (Obligatory) Bath.
[4] The Margosa (Neem) is an evergreen tree found in semi and sub tropical regions, common to India, Myanmar and Sri Lanka etc. It is also known as the azadirachta indica.


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