Some questions relating to the Qurbaani animal, the purchaser and the farmer

Q: 

  1. Zaid goes to a farm and chooses an animal for his qurbaani. This animal is marked and reserved for Zaid. Zaid pays for this animal. The animal dies of natural causes before Eid. Who sustains the loss? Zaid or the farmer? Is the farmer obliged to replace Zaid? If the farmer out of his good nature replaces Zaid, should he first inform him of the death of his animal?
  2. Zaid selects and marks an animal. The farmer notices that the animal is sick and may succumb. Can he use his discretion and slaughter the animal and replace Zaid with a similar animal? Or is he required to first get permission from Zaid? I.e. to slaughter the animal and to replace it.

  3. Zaid selects and marks an animal. After a few days the farmer notices a defect on the animal which disqualifies its permissibility to slaughter for qurbaani. E.g. the animal is blind. No one is sure as to when this defect came about. I.e. prior to Zaid’s choosing the animal or not.

    • Is the farmer obliged to replace Zaid?

    • What should Zaid do with this animal now that he is the owner of a defective animal? Can he slaughter it without the intention of qurbaani and consume the meat? Or is he required to distribute the meat to the poor?

    • Must Zaid purchase another animal if he is financially able to do so?

  4. On the days of Eid Zaid accidently slaughtered an animal which was reserved for Bakar. Bakar had marked and paid for it. Does Zaid have to pay Bakar in cash or should he replace Bakar with another animal? Who’s qurbaani is discharged, Zaid’s or Bakar’s?

  5. A farmer is requested to perform the qurbaani on behalf of many people. They do not come to the farm and slaughter the animals themselves. It often occurs that two or three people’s qurbaani is accidently missed out.

    • What must the farmer now do? Should he slaughter the animal after the days of qurbaani and distribute the meat or should the person who appointed him do that?

    • If the farmer does not inform the person who appointed him of his mistake rather he slaughters the animal and distributes its meat to the poor. He then slaughters another animal as a recompense to the one who appointed him and gives this animal to him without informing him that this is not his qurbaani animal. This person is under the impression that this is his qurbaani animal. Is such a practice correct?

    • Can the farmer slaughter a few extra animals with a general niyyat of qurbaani that this may suffice for those he possibly may miss out?

How does following various Scholars constitute following ones desires

Q: 

  1. Could the respected Scholar please explain how following the verdicts of various Scholars constitutes following ones desires when the verdict is from the Sharia'ah and not ones desires?
  2. What is meant by Nabi sallahu alaihi wasalam chose, encouraged and advocated the easiest way, manner path etc. if there were options?

  3. Does the quoted Ayah and Hadith refer to following the verdicts of Scholars? or following one’s own analogy and outcome?

Woman trimming her hair

Q: Undoubtedly, it is a futile exercise to oppose the verdicts of our great Scholars but for means of understanding and clarification, could the respected Scholar please explain the sin and punishment from the Quran and Sunnah for a woman trimming her hair in a manner it does not resemble men and the disbelievers?

Questions relating to intimacy with one's wife

Q: I am a new muslim and am a bit confused about certain issues concerning intercourse with one's wife. I have read fatwas and talked to recognised scholars, but I am still confused. First of all, I know that masturbating alone is haram, but what is if the spouses are not together due to travelling and while fantasizing of the spouse they touch the chest, merely to fantasize, not touching his genitals? Furthermore, to what extent is a partner allowed to touch himself/herself during intercourse? Is it true that during foreplay or intercourse I am not at all allowed to rub/touch my penis in her presence, and she is not allowed to enter her fingers in her vagina or stimulate the surroundings in my presence (from stimulating during foreplay to finishing off after sex or during menses)? If this is the case, does this refer only to the main sexual organs (penis and vagina opening) or are we also not allowed to stimulate our other parts like chests, prostata, clitoris, body, etc.? If we are allowed, does this count only during penetrition/intercourse or during the whole act of sex (during foreplay, can each partner touch his/her permissible parts to arouse himself/herself or arouse the partner; can a woman suck, lick her breasts to arouse herself and as a pleasure for her husband). Secondly, sheikh mohammad bin adam al kawthari, permits the use of toys under certain conditions, such as not using it on the main genitals (penis and vagina opening) to resemble masturbation; thus is there anything wrong with wearing a massage (vibrating) glove during mutual masturbation on the main privat parts and intercourse, as it is the hand one is using and not a toy? Can one use it on one's own permissible body parts (not to masturbate in case this is forbidden, see question 1). I prefer it as it prevents touching vaginal fluids by hand and does not resemble a male genital. Thirdly, if my wife wants me to spank her during intercourse, either by using my hand or a stick, is this allowed and to what extent? Not with the intention of resembling non-muslim habits or hurting her, merely because it arouses her and myself. Fourthly, as my wife has an African origin, her hair is not as easy to handle as smoothe hair. Thus is it allowed for her to wear a wig or extensions only for me during intercourse? Could you explain in detail as I have read different opinions (from permission to prohibition and curse by ALLAH).

كفارة اليمين

س:  في الماضي في أحد الأيام، وقع في بطني آلام شديدة، و بسبب الخوف الشديد على صحتي، قد أقسمت بالقسم، و تلفظت بمثل هذه الكلمات: "يا ربي إني أقسم لك، لو إنتهت الآلام، أنا كل يوم، سأشتغل بالتهليل، بل بزيادة التهليل، بقدر الممكن." (بعد القليل، إنتهت الآلام) و كنت أكرر هذا القسم بمرات كثيرة، و لكن وقع هذا التكرار في مكان واحد، و في كل مرة عندما أقسمت، كنت قصدت أمرا واحدا و قسما واحد. بل كررت القسم للتشديد فقط. و يصعب حالي بسبب أني قلت: "سأزيد التهليل كل يوم بقدر الممكن." و هذا اللفظ واسع التأويل و  التفسير. و ما كنت قائما بهذا الوعد و القسم أثناء عشرة سنوات، حتى الآن. و ما يترتب على ذلك؟ هل يكفي لي توزيع كفارة اليمين مرة واحدة فقط، و التوبة النصوح إلى الله مرة واحدة؟  إن كان هناك يجب كفارة اليمين لكل يوم من عشرة سنوات - فهذا صعب جدا، بل لا يمكن في حالي الإقتصادي. و لا يمكن أيضا أن أصوم بثلاث أيام متتابعة لكل يوم من عشرة سنوات، لأن ذلك ثلاثون سنوات متتابعة. ما أفعل فيما ذكرت؟ هل يجب علي نفسي التهليل بل الزيادة به كل يوم بقدر الممكن؟ و كيف أشرح على نفسي اللفظ : "بقدر الممكن؟"  ما نصيحتكم لي؟

Slaughtering cattle under 2 years

Q: I do qurbani on behalf of people. lately I found out that the criterion for cattle was minimum 2 years. In the past I slaughtered  a grade cattle which are generally under 2 years. This was done totally unintentional. It was not done to save money as a grade are the most expensive. What is the ruling for the past qurbani as it is difficult to remember how many were made and whether it was nafl or waajib?

Contraception

Q: Is contraception allowed in Islam? As a medical practitioner, can one issue contraceptive methods to one’s patient? Often, one interacts with non-Muslims who require contraception. If one is aware that this patient is involved in pre-marital/illicit relationships, is this allowed?