Author: suheillaher

Skyscraper Sunsets

Skyscraper Sunsets

SkyscraperSunsets

Sunset and sunrise times vary with altitude. This has consequences for the timing of prayers and breaking of the fast on skyscrapers and mountains,as well as in planes (How much? We’ll see shortly.) But this is not as new a phenomenon as one might think, and even people on the ground might need to make some adjustments regarding sunset time. Read on if you are interested!

 

 

Book_of_Wonders_folio_36a_cropped

 

About 1,100 years ago, the Hanafi jurist Ibn Abi Musa was asked by the people of Alexandria (Egypt) about the time of iftar (breaking the fast), given that someone atop the Lighthouse of Alexandria would be able to see the sun for a significant length of time after it had clearly set (disappeared) for people on the ground. He replied that those on the ground can break their fast when they see the sun as having set, but those atop the lighthouse are not allowed to break the fast as long as they can still see the sun. [Badai` al-Sanai`, DKI, 2/576]

 

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The lighthouse (منارة) of Alexandria (a.k.a Pharos) was built in the 3rd century BC, commissioned by Ptolemy I (although various legends attribute it to Alexander the Great and others). It was over 100m high, probably built from limestone, and was one of the Seven Wonders of the Ancient World. According to a legend reported by historian Yaqut al-Hamawi (d. 1229CE / 626H), there was a hot spring inside that could heal leprosy and other diseases. [Yaqut al-Hamawi, Mu`jam al-Buldan]

TabaqatHanafiyyahIbn Abi Musa (d. ca. 946CE/334H) was the chief justice of Baghdad, and a man respected for his piety and ascetic lifestyle. He wrote several books on fiqh, including commentaries on some of the works of al-Shaybani, an abridgment of the work his contemporary al-Karkhi, and a work on usul al-fiqh. His full name is Abu `Abdillah Muhammad ibn `Isa). He was found dead, apparently killed by burglars, around the year 334H. [al-Jawahir al-Mudi’ah fi Tabaqat al-Hanafiyyah, 3/295-6 and 4/63]

PHAROS_Scale_Comparison

 

Yaqut al-Hamawi (historian, belletrist and grammarian, d. 1229CE / 626H) gave the lighthouse’s height as 230 cubits (i.e. 105m), but by his time, the top 20m or so had already collapsed due to an earthquake in 956CE / 345H. So, at the time of Ibn Abi Musa’s fatwa, the lighthouse was likely to have measured around 120m tall, which is approximately the height of a 25 – 30 floor modern building. This is taller than the National Shrine of the Immaculate Conception,in Washington DC (100m), and comparable to the Willis Building (125m, UK’s 36th tallest).

 

 

 

Variations in Sunset Times

So, how much difference does it make for prayer and fasting times Experts today tell us (see here and here) that sunset time gets later by approximately one minute for every 1,500m. That means the sunset delay from the top of the Pharos of Alexandria (150m), and indeed even from the top of today’s Burj Khalifah (828m), would be less than a minute. Some contemporary fatwas advise people atop the Burj to add 2-3 minutes (to the time used by people at ground level), probably to include a safety margin.

Uncertainties at Ground Level Too!

It is worth noting that exact sunset time can vary not only due to altitude, but also due to atmospheric conditions and other factors (see here and here for further details). Many Hanafi jurists therefore advise those who are using calculated sunset times to wait an additional 3 minutes before breaking the fast or performing the Maghrib prayer. Those living at high latitudes (beyond 60 degrees north of the Equator) would be well-advised to allow for a greater error-margin.

IslamicFinderSettingsThe popular IslamicFinder.org website for prayer-time calculation allows you to adjust the settings specify how many minutes to add to the calculated sunset time to produce the listed Maghrib time. But if you do this, make sure you don’t end up praying `Asr too late as a result! While `Asr time ends at sunset, and in light of the uncertainties and variations, it would be advisable to finish `Asr at least 3 minutes before the calculated sunset time, just as it is advised to pray Maghrib only 3 minutes after the calculated time. Of course, if you were inescapably delayed (or even if you were a bit negligent), such that less than three minutes remain before sunset time, you should go ahead and pray immediately; the prayer might still be on time.

800px-QaitbeyCitadel

A couple of final comments before we close.

One: What happened to the lighthouse? The remnants of the Pharos Lighthouse were removed, and a fort built on its platform in 1480CE / 885H by Mamluk Sultan Qaitbay.

 

 

799px-San_Stefano_Grand_Plaza,_Alexandria,_Egypt

The tallest building in Alexandria today is the San Stefano Grand Plaza measuring in at 135m high; approximately the same height as the original lighthouse!

May these and other current monuments of human achievement be preserved, and serve as sources of benefit to humankind. And may terrorists, and others who seek wanton destruction, be foiled.

 

Eventually, all material things of this world pass away in the natural course of time. As the famous poetess Khansa’ (d. 645CE/24H) wrote:

All men shall with Fate's hearthstones be assailed,
And lofty homes too one day shall come down.

 

May we, in these remaining days of Ramadan and thereafter, reflect on reality, and what we are building in the spiritual realm.Khansa_AthafidDahr.png

PICTURE CREDITS:

The Knowledge-Voyagers

The Knowledge-Voyagers

Cosmetic_icon_Itinerant_ScholarPeople have long traveled for diverse reasons, and there were various types of voyagers in the medieval Muslim world, including ardent pilgrims, wandering dervishes, and enterprising merchants. But, starting in the 8th century CE (2nd century Hijri), another large contingent joined the ranks of the itinerants: many Muslims began traveling extensively in pursuit of sacred knowledge, especially (but not limited to) to hear and write down ḥadīths (sayings of the Prophet Muhammad) from those who were transmitting them. This spontaneously gave rise to a remarkable, informal, decentralized,

unregulated, diverse global information network. We get some idea of the extent to which this voyaging reached by observing that ˁAlī ibn al-Ḥasan ibn ˁAsākir (d. 571/1176, a major hadith-voyager and chronicler) compiled a book called “The Forty City [Narrations]” (Arbaˁūn Buldāniyyah), which contained forty ḥadīths heard from forty different teachers in forty different cities, tracing back to forty different Companions of the Prophet Muhammad, and dealing with forty different topics. In his prelude to the book, he describes the hadith-voyagers:

So, [the adīth-folk] intently pursued gathering [adīths] in all moments and circumstances, flying to [different] lands like eagles and falcons, consequently living lives of poverty and destitution in [willing] exile from home, and tolerating – on this quest – coarse food and clothing.”

It became unusual for someone laying claim to knowledge to not have traveled to seek knowledge from distant teachers. A couple of prominent exceptions are Imām Mālik ibn Anas (d. 179/796, the eponym of the Mālik school of law) and Abū Bakr ibn Mujāhid (d. 324/936, the famous canonizer of the Seven Quranic Readings, whose scholarly travel was restricted to his hajj travel to Makka).

Imam al-Shafi`i (d. 204H) wrote some lines of poetry encouraging people to travel. Three centuries later, Qadi Tartushi (d. 520H, a Maliki jurist and judge) wrote a rejoinder, discouraging people from travel, on the basis that times had changed. You can read both pieces of poetry, with their translations, here.

So, what about today? Two quick points:

1. Start Local

Scholars of the past would not travel for knowledge until they had exhausted the knowledge available to them locally. Most large metropolitan areas in the US (and probably many other countries) have individuals within them who are qualified to teach you the basics of one or more Islamic disciplines, and perhaps even things beyond that. It is rather a waste of money to travel overseas simply to learn the ABCs of a discipline that you could learn at minimal cost and without travel. If you delay your educational voyage until after you have mastered the basics, your overseas studies can also be more productive (such as by studying advanced texts that you couldn’t study locally). Of course, if you have additional legitimate motives for travelling overseas at an early stage, such as to spend some time living in a city where you hear the call to prayer (adhan) fives times a day, or to sightsee, or visit relatives, then that is a separate matter, and you are free to make your decision after due thought and diligence.

2. What about technology? Can’t I be a virtual globetrotter, attending online classes in multiple countries, and save the costs of traveling? Yes, you can do that, and might get the same information content, but you won’t get the intangibles and other elements that constitute the full experience: The tiring exertions and other difficulties of travel that will make you truly value what you got out of the trip…. The invaluable face-to-face dimension of student-teacher interactions through you which you can experientially learn things about behavior, manners and ethos in a way that you won’t find in a book…. and if you are traveling to a different country, the broadening of horizons that comes from living in a different culture and seeing the challenges and joys of its people. For an advanced seeker of sacred knowledge, travel is almost essential.

And of course, if you want to be a knowledge-voyager, then as with any deed by which you intend devotion, check your intentions.

IMAGE CREDIT: Itinerant Scholar, taken from https://dota2.gamepedia.com/Itinerant_Scholar, that website’s content provided under the terms of CC BY-NC-SA 3.0

Fiqh of Fasting (Hanafi) : annotated Quduri

The Chapter on Fasting from a central legal manual of the Hanafi school, the Mukhtasar of al-Quduri (d. 428H), annotated with clarifications and additional details from other normative Hanafi texts. Click the link below for the PDF:

Fiqh of Fasting (Hanafi) – Annotated Quduri

(c) 2018, Suheil Laher. Permission granted for personal, non-commercial use. May not be copied, sold, or posted on the internet without explicit permission.

DISCLAIMER: Information is presented for informational purposes. The translator neither guarantees that this
information is totally free from errors, nor that it is always suitable for acting upon or putting into
practice. Religious decisions should be taken with due care and thought, after reading and
investigating, but also after consulting with reliable people of knowledge – who are aware of one’s
particular circumstances – and then pondering and exercising one’s conscience.

Biography : Abu Saʻd Abd al-Karīm al-Samʻānī

Abu Saʻd Abd al-Karīm al-Samʻānī (nicknamed “Qiwām al-Dīn”), Shafi`i jurist and hadith-master, was an illustrious scion of the scholarly Samʻānī family. His father, Abul-Muẓaffar, was the Mufti of Khorasan, but died while Abu Saʻd was young, and the son was therefore raised by a paternal uncle and other relatives, who instilled in him the scholarly zeal of the family. He travelled extensively in pursuit of sacred knowledge, being especially devoted to the study of hadith, and his teachers totalled over 4,000. Abu Saʻd was born in Merv (in what is today Turkmenistan) in 506H / 1112 CE, and died in the same city in 562H / 1167 CE.

[Sources: Dhahabi, Siyar Aʻlām al-Nubalā’; Ibn Khallikān, Wafayāt al-Aʻyān]

 

 

What to Do during an Eclipse (Islam)

What to Do during an Eclipse (Islam)

SolarEclipse

As discussed in another post, eclipses are a reminder of God’s power, and of cosmic events at the end of the world, and are therefore a good time for spiritual reflection and prayer. This post summarizes recommended acts during the eclipse, and comments briefly on the spiritual dimensions of eclipse-viewing.

1) The Eclipse Prayer (Salat al-Kusuf)

إِنَّ الشَّمْسَ وَالْقَمَرَ لاَ يَنْكَسِفَانِ لِمَوْتِ أَحَدٍ مِنَ النَّاسِ، وَلَكِنَّهُمَا آيَتَانِ مِنْ آيَاتِ اللَّهِ، فَإِذَا رَأَيْتُمُوهُمَا فَقُومُوا فَصَلُّوا

The sun and moon do not eclipse for anyone’s death, but [in fact] they are two of the signs of God, so when you see them, then stand and pray.” [Bukhari]

Muslim scholars differed about some of the details of how to perform the eclipse prayer, and this is not the place to discuss that. You can consult a scholars whose knowledge and piety you trust, and follow their instructions on how to perform the salat al-kusuf. This video describes one of the methods.

2) Remembrance of God (Dhikr)

فَإِذَا رَأَيْتُمْ شَيْئًا مِنْ ذَلِكَ فَافْزَعُوا إِلَى ذِكْرِهِ وَدُعَائِهِ وَاسْتِغْفَارِهِ

…so, when you see anything of that, then hasten to remembrance (dhikr) of God, supplication (du`a) to God, and seeking God’s forgiveness (istighfar).” [Bukhari]

فاذكروا الله وكبروه وسبحوه وهللوه

so remember God, and declare God’s greatness, transcendence and oneness” [Sunan Sa`id ibn Mansur]

3) Charity

فَإِذَا رَأَيْتُمْ ذَلِكَ فَادْعُوا اللَّهَ وَكَبِّرُوا، وَصَلُّوا وَتَصَدَّقُوا

….so when you see that, then supplicate to God, declare God’s greatness, and give charity.” [Bukhari]

4) Manumission

لَقَدْ أَمَرَ النَّبِىُّ صلى الله عليه وسلم بِالْعَتَاقَةِ فِى كُسُوفِ الشَّمْسِ.

Asma’, the daughter of Abu Bakr, said: “God’s Messenger commanded the freeing of slaves at the solar eclipse.” [Bukhari]

5) Eclipse-Viewing

It is permissible to view the eclipse, provided you take sufficient precautions to avoid damaging your eyes. You should consult medical and astronomical experts for details of how to view the eclipse safely. If you take approriate medical precautions, then there is no religious prohibition on observing the eclipse, and in fact it is recommended if done with the correct attitude and intention.

Say: Observe what is in the heavens and earth.” (Quran, 10:101)

Do they not look into the realm of the heavens and the earth and everything that Allah has created and [think] that perhaps their appointed time has come near? ” (Quran, 7:185)

A couple more points should be noted regarding eclipse-viewing:

1) According to most Muslim scholars, the specific eclipse prayer (salat al-kusuf) is not an obligation, and according to this view one would not be sinful if one did not perform the prayer and instead spent the time observing the eclipse or engaged in other mundane activities. However, most Muslim scholars also agree that the eclipse prayer is strongly recommended, with some holding it to be obligatory. Therefore, it would not be encouraged to neglect this prayer entirely. The optimal eclipse prayer extends through the entire duration of the eclipse, but if one is unable to do that due physical difficulty, or time constraints, or simply because one would like to spend some time observing the eclipse, then one could perform a shorter eclipse prayer. Given that the eclipse duration will be close to three hours, you can very easily perform an eclipse prayer that is decently long (30 minutes or an hour, for example) and time this in such a way that you can still observe some of the eclipse. Small children, who will probably not have the attention span or endurance for a 2-3 hour prayer, should still be given the experience of partaking in a shorter eclipse prayer, and the rest of the eclipse duration can be filled in with eclipse-viewing, dhikr, dua, discussion about the mechanics and spiritual dimensions of the eclipse, and perhaps some craft activities.

2) While it is certainly permissible to view the eclipse, for the believer, such a viewing is not merely a “fun activity” or light-hearted party (for which there are plenty of other opportunities). Observing the eclipse should ideally be done with a spiritual attitude, bringing to mind God’s greatness, and with feelings of awe and fear.

إِنَّ الشَّمْسَ وَالْقَمَرَ آيَتَانِ مِنْ آيَاتِ اللَّهِ، لاَ يَنْكَسِفَانِ لِمَوْتِ أَحَدٍ، وَلَكِنَّ اللَّهَ تَعَالَى يُخَوِّفُ بِهَا عِبَادَهُ

The sun and moon are two of God’s signs. They do not eclipse for anyone’s death, but God thereby instils fear in His servants.” [Bukhari]

This fear is not an irrational, superstitious fear, but rather an experience of natural awe, as well as of fear of the events of the Day of Judgment. In fact, the religiously-recommended activities listed could conceivably be considered a type of Qiyama-drill that makes us think of God’s oneness, uniqueness and power; seek forgiveness from God; try to tip your balance of deeds through charity; free slaves, for the human being should be in bondage only to God.

And God knows best.

– Suheil Laher

PHOTO CREDIT: Vishnu_kv, https://pixabay.com/en/solar-eclipse-eclipse-sun-sky-moon-2575133/

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A Degree Over Women? Gender Equity and Quran 2:228

(ii) “A degree over women”

And due to the wives is similar to what is expected of them, according to what is reasonable, and men have a degree over them.” (Qur’an, 2:228)

The “degree” that men have over women, unspecified in the Qur’anic text, has given rise to a range of different suggested interpretations, some of which clearly hold little weight (such as the view that it refers to the beard!). The eminent traditionist-exegete Tabari (d. 310 H), after quoting all the transmitted opinions, concluded that the strongest view is that men are being instructed to unconditionally fulfill their duties and responsibilities in full, while being forgiving of women if they fall short in their duties; i.e. it is a degree of responsibility, rather than privilege. Tabari and others have narrated this view, with isnad, from Ibn `Abbas, an eminent exegete from among the companions of the Prophet.

According to traditional Muslim understandings of gender roles (I will not address Muslim feminist interpretations), men also are expected to lead the family unit (every social unit needs one person in charge, in order to function efficiently), but this leadership neither implies a superiority (remember when Abu Bakr was appointed Caliph, he said, “I have been appointed to lead you, but I am not the best among you”), nor is it supposed to be a means for overbearingness or tyranny. Rather, the relationship between husband and wife is to be based on love, compassion and cooperation, and includes consultation.

“And of His signs is that He created for you from yourselves mates that you may find tranquillity in them; and He placed between you affection and mercy.” (Qur’an, 30:21)

“And the believers, men and women, are protecting friends one of another” (Qur’an, 9:71)

“….and whose affair is [determined by] consultation among themselves” (Qur’an, 42:38)

The alleged hadith, “Consult with [women] and then do the opposite of what they advise,” has no authentic chain of narration back to the Prophet (as pointed out, for example, by Sakhawi in al-Maqasid al-Hasana), and is likely a sheer fabrication. Among the more striking narrations showing that the Prophet (s) valued the opinions of women is the famous incident at Hudaybiyah, in which he acted on advice from his wife Umm Salamah on a matter of great religious and public significance.

Gender Equity and Quran 4:34

A previous post showed the basic spiritual equality of men and women, as derived from the Quran. We now need to look more closely at three verses that are sometimes misunderstood to conclude an automatic superiority for men:

(i) “Men are in charge of [taking care of] women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. ” (Qur’an, 4:34)

(ii) “And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them.” (Qur’an, 2:228)

(iii) “And the male is not like the female.” (Qur’an, 3:36)

(i) Men are qawwamun over women”

“Men are in charge of [taking care of] women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. ” (Qur’an, 4:34)

Firstly, the Qur’an has told us clearly that the criterion for superiority before Allah is taqwa, not gender:

“Indeed, the most noble of you in the sight of Allah is the most righteous of you.” (Qur’an, 49:13)

Indeed, no Muslim man would dare claim that, merely by being male, he is better than Lady Khadijah, Lady Fatimah, or the Virgin Mary!

Remember also that two verses before this (4:32), we were reminded that men and women have each been blessed in different ways by Allah. What the verse 4:34 is telling us, therefore, is that men have the responsibility of taking care of women, because (generally) their constitution and nature are such that they are more capable or working and providing physical protection and defense.

Secondly, note that the wording is not فضلهم عليهن (which would clearly mean: graced/blessed men over  women) but rather: بِمَا فَضَّلَ ٱللَّهُ بَعْضَهُمْ عَلَىٰ بَعْضٍ literally: “has graced some of them over others.”  Shaykh al-Sha`rawi, the famous 20th-century Egyptian (male) scholar of tafsir, pointed out that although men may be graced/blessed in one aspect, they are less endowed in other respects, and that the two genders have complementary roles in which each utilizes their respective strengths to support the other. The 3rd-century theologian and polymath `Uthman al-Jahiz has pointed out several aspects in which women can be considered superior to men, including various positive traits of character (remember the Prophet (s) was described as more modest than a virgin in her chamber), and the fact that there has been a woman (the Virgin Mary) for whom Allah created a child without male involvement, but there has never ben a man for whom Allah made a child without female involvement. Contemporary female Syrian scholar Hanan Lahham expressed succinctly the logical conclusion to make from 4:34, tying together the concepts that were already known to earlier exegetes (mufassireen), even if they didn’t express it so explicitly. She writes that, “Allah granted to each gender characteristics that help them to perform their roles; the intended meaning is not a superiority of one gender over the other.”

The verse (4:34) also intimates that some women have certain superiorities over some men, and vice-versa. Thus, some women might be physically stronger, or more capable breadwinners, than some men. None of this is ruled out by the verse, nor by the labelling of men as maintainers, because as `Allamah Ibn `Ashur (a high-ranking 20th century Tunisian scholar) has commented in his tafsir, what the verse is describing is not a universal but a customary norm. (We may note, in passing that patriarchically organized societies have dominated human history for several millenia.) Even among pre-modern mufassirin, the possibility had been raised that this verse conveys that there are some women who are better than many men. In fact, the famous medieval linguist and mufassir, Abu Hayyan al-Andalusi, mentioned the possibility (suggested by the verse) that the term “men” (الرجال) in the verse (4:34) refers not to gender (for otherwise the term “males” (الذكور) could have been used) but only to those males who are deserving of being called “men” by virtue of their strength, wisdom and resoluteness. A lot of women would not be able to fully respect a man who does not live up to his expected role. Thus, many of the fuqaha allow a wife to annul the marriage if the husband is not able to provide financial support to his wife. (Of course, she has the option of remaining with him and being patient, and also the option of spending her own money on the household, and can expect reward from Allah for doing so, but she is not obliged to do either of these).

 

-Suheil Laher

Spiritual Equality of Men and Women

Umm Salamah asked the Prophet Muhammad (peace and blessings be upon him), “Why is it that men are mentioned in the Qur’an, but we women are not mentioned?” In response, Allah sent down a verse1.

“Indeed, the Muslim men and Muslim women, the believing men and believing women, the obedient men and obedient women, the truthful men and truthful women, the patient men and patient women, the humble men and humble women, the charitable men and charitable women, the fasting men and fasting women, the men who guard their private parts and the women who do so, and the men who remember Allah often and the women who do so – for them Allah has prepared forgiveness and a great reward.” (Qur’an, 33:35)

This is one of several Qur’anic verses that establishes the essential spiritual equality of men and women. Other verses tell us that believers – men and women – will receive light on the Day of Judgment, will enter Paradise, will not be wronged in the least, will be rewarded according to the best of their actions, and will be given provision without account. (See: Qur’an, 3:195, 4:124, 16:97. 40:40, 57:12).

Hence, Muslim scholars often mention a general principle:

النساء شقائق الرجال

Women are the counterparts of men.”2

This means that every right and obligation that applies to men applies equally to women, unless there is clear evidence to the contrary. Remember that, given the societal setup and norms of 7th-century Arabia, the Prophet (s) was, naturally, spending more time with men than with women, and so the wording of his statements would nomally be addressed in the male gender. Hence, when we find hadiths about marying for beauty, or desiring to have children, or remaining faithful to one’s spouse, even though many of these hadiths are addressed to men, we are entitled to deduce a similar, reciprocal ruling for women.

Notwithstanding the essential spiritual equality of men and women, there are areas in which they are not identical, and some of these (like childbearing) are physiological and (in a sense) inevitable.

“And do not wish for that by which Allah has made some of you exceed others. For men is a share of what they have earned, and for women is a share of what they have earned. And ask Allah of his bounty. Indeed Allah is ever, of all things, Knowing.” (Qur’an, 4:32)

These differences do not mean men are superior, nor that women are superior. According to a report from Qatadah and al-Suddi (tafsir scholars of the Tabi`in, the above verse was revealed in response to some men who thought that they were entitled to double reward due to their gender, and some women who thought the punishment for their sins would be half that of men’s. 

Allah has made each gender unique and special in its own way, and we are expected to realize and accept this. 

To be continued — Part 2 examines three Quranic verses that are sometimes cited in support of an inherent male superiority, and shows how the verses do not support that conclusion.

— Suheil Laher

FOOTNOTES

1Ibn Kathir judged its chain of transmission as good (hasan) in Tuhfat al-Talib, as did Ibn Hajar in Muwafaqat al-Khabar. Tabari mentions several similar narrations in his exegesis (tafsir).

2 These words are also contained in a hadith, narrated by Abu Dawud, Tirmidhi and others, but there is disagreement over one of the narrators, `Abd-Allah ibn `Umar al-`Umari, who was an upright man, but whom some critics judged to have poor memory. Nevertheless, Ibn al-Qattan apparently judged it as a sound hadith. And Allah knows best.

Islamic Regulations regarding Acknowledgment (of Obligation or Responsibility)

ACKNOWLEDGMENTS

(OF LEGAL OBLIGATIONS OR RESPONSIBILITIES)

PARTIAL TRANSLATION by Suheil Laher from

Kitab al-Iqrar in Mukhtasar al-Quduri

(a summary-text of Hanafi law).

Rulings presented are as inferred from Qur’an and Sunnah by scholars of the Hanafi school.

1.0 MONEY OR ITEMS OWED

  1. If a free, adult, sane [person] confesses to a right [due] upon him, his acknowledgment is binding upon him, whether what he confesses to is unknown or know, and he is instructed, “Clarify the unknown.
    • If he says, “I owe something to so-and-so ,” he must describe something that has value. His word is taken in the matter, along with an oath, if the person to whom the debt is acknowledged claims it to be more than that.
    • If he says, “I owe so-and-so money,” then recourse is made to him to clarify it, and his word is taken in [the case of his specifying] either a little or a lot.
      • [But] if he says, “I owe so-and-so a lot of money,” his word is not accepted for less than 200 dirhams, and if he says, “[I owe] many dirhams,” then he is not believed in [any amount] less than 10 dirhams.
      • If he [simply] says, “dirhams,” then [it is taken as 3, unless he specifies more than that.
        • If he says, “I owe him kadha kadha (such-such) dirhams,” he is not believed if [he claims it to be] less than 11 dirhams. If he says, kadha wa kadha (such and such) dirhams, then he is not believed if [he claims it to be] less than 21 dirhams.
  1. If he says, “I owe him,” or “I am liable to him (lahu qibali),” then he has confessed to a debt, whereas if he says, “I have….”, or “There is with me….” then it is an acknowledgment of a wadi`a (item deposited with him for safekeeping) in his custody.
  2. If a man says to him, “You owe me a thousand,” and he says, “Take it by weight, “ or “Take it in cash,” or “Give me an extension,” or, “I will pay it back to you, “ then it is an acknowledgment.

2.0 DUE-DATES AND EXCLUSIONS

  1. If someone admits to a deferred debt, and the one to whom he acknowledges [the debt] affirms him in the [existence of] the debt, but claims he is lying about the deferral,  then he is obliged to pay the debt immediately, [but] the plaintiff is made to swear an oath concerning the deferral.
  2. If someone admits [to an amount] but without delay he excepts some [amount] from his admission, is obliged to pay the remainder, regardless of whether he excepted a small or large amount. But if he excepted the entire amount, he is obliged to pay the entire amount, and his exception is void.
  3. If he says, “I owe him 200 dirhams, less one dinar” or “less a qafiz of wheat,” then he is obliged to pay 200 dirhams less the value of the dinar or the qafiz. But if he says, “I owe him one hundred and a dirham,” then the 100 are all [taken to be] dirhams. If he says, “ I owe him 100 and a garment” then he is asked to clarify what the 100 are.
  4. If someone acknowledges a debt but adds, “if God wills,” without delay, then his acknowledgment is not considered binding upon him.
  5. If someone acknowledges [a debt] but stipulates his having a choice [“I owe you, if I want”], then his acknowledgment is  binding, and his stipulation of choice is void.
  6. If someone acknowledges [owing] a home, but makes an exception for its building for himself. Then the one to whom he acknowledges [the debt] is entitled to the home and the building, but if he says, “the building of this property is mine, but the lot belongs to so-and-so,” then it is [considered to be] as he described.
  7. If someone acknowledges dates in a straw container (qawsarra) is liable for the dates and the straw container. But if someone acknowledges an animal in a stable, he is liable only for the animal.
  8. If he says, “I took a garment in a cloth,” he is liable for both, and [similarly] if he says, “a garment in a garment.” But if he says, “I took a garment in 10 garments,” then he is liable for only one garment according to Abu Hanifah and Abu Yusuf. Muhammad said: he is liable for 11 garments.

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3.0 ISSUES INVOLVING HEIRS

  1. If someone says, “I owe 1,000 to the unborn child with whom so-and-so is pregnant,” then if he says, “So-and-so left it as a bequest for him,” or “His father died, so he inherits it,” then the acknowledgment is valid, but if he did not specify then it is not valid according to Abu Yusuf. But if he declares that a man is entitled to the unborn fetus of a ewe, the declaration is valid and binding
  2. If a man in his terminal illness admits to debts, and he [already] has [known] debts incurred during his healthy days, as well as debts incurred for known causes during his illness, then the debts from his healthy days and the known debts from his illness are given priority over others. If those are paid, and there remains something [of his money] then it goes towards the debt he admitted to. But if he did not have prior debts, then the admission is binding, and the creditor has more right to the money than the heirs.
  3. A man’s acknowledgment of a debt to his heir is void, unless the other heirs all confirm it.
  4. If someone in his [last] illness acknowledges a debt to [someone thought to be] a non-relative, then says, “He is my son.” Then his lineage is established but the acknowledgment of debt is void. But if he acknowledges a debt to an unrelated woman, then marries her, the acknowledgment of debt is not voided.
  5. If someone in his [last] illness divorces his wife thrice [or less]  [at her request] then acknowledges a debt to her and dies while she is in the waiting-period] then she is entitled to the lesser amount of the debt and her inheritance [because they might have colluded to use the divorce as a means to validate the acknowledgment].

4.0 ACKNOWLEDGEMENT OF RELATIONSHIPS

  1. If someone acknowledges [paternity] of a boy, the like of whom could be born to the like of him, and [the boy] has no known lineage, his paternity is established even if [the man] is sick, and [the boy] shares in the inheritance with the [other] heirs.
  2. A man’s acknowledgment of someone as his parent, child, wife or freed-slave is valid.
  3. A woman’s acknowledgment of someone as her parent, husband, or freed-slave is valid, but [if she is married or in her waiting period then] her acknowledgment of someone as her child is not valid unless the husband affirms her or a midwife testifies to the birth [in which case the paternity is ascribed to her husband].