Method Of Calculating Ushr

If one or two tear drops enter into the mouth in state of fasting

Question 1: What have Islamic scholars ruled regarding the following matter? If one or two tear drops enter into the mouth in the state of fasting and saltiness is felt throughout the mouth, will the fast break by merely feeling this saltiness? Or will the fast break after it goes below the throat? From a text of Bahar-e-Shari’at it seems as if the fast will break by merely feeling this saltiness throughout the mouth. Asked by: Immaad Attari (Bab-ul-Madinah, Karachi)

بِسْمِاللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

The fast will not break merely by the spread of saltiness throughout the mouth, rather the ruling about breaking of fast applies when this salty liquid, which is felt throughout the mouth, goes down the throat. The books of Fiqh and Fatawa mention the breaking of fast to be in the case when it goes down the throat.

As it is stated in Fatawa Aalamgiri,

الدموع اذا دخلت فم الصائم ان كان قليلا كالقطرة والقطرتين او نحوها لا يفسد صومه وان كان كثيرا حتى وجد ملوحته في جميع فمه، واجتمع شيء كثير فابتلعه يفسد صومه ، وكذا عرق الوجه اذا دخل فم الصائم كذا في الخلاصة۔

i.e. tears went into the mouth of a fasting person, if they were a small amount for example one or two drops the fast will not break and if they were a large amount such that its saltiness was felt throughout the mouth and after an accumulation of a large amount of saliva it was swallowed, then the fast will break. This same ruling applies to when sweat enters the mouth. (Fatawa Aalamgiri, vol. 1, pp. 203)

The same is mentioned in Durr-e-Mukhtar with reference to Khulasah. Allamah Shaami رَحْمَةُ اللّٰهِ عَلَيْه has said in this place

وفي الامداد عن خط المقدسي أن القطرة لقلتها لا يجد طعمها في الحلق لتلاشيها قبل الوصول، ويشهد لذلك مافي الواقعات للصدر الشهيد إذا دخل الدمع في فم الصائم إن كان قليلا نحو القطرة أو القطرتين لا يفسد صومه لان التحرز عنه غير ممكن، وإن كان كثيرا حتى وجد ملوحته في جميع فمه وابتلعه فسد صومه، وكذا الجواب في عرق الوجه اه.ملخصا۔

i.e. the taste of a single drop is not felt in the throat because, due to its smallness, it does not remain at all before reaching the throat. The book, namely ‘Waqi’aat’ authored by Sadr-ush-Shaheed also testifies to this as it is mentioned in it, ‘When a tear enters into the mouth of a fasting person and it is small in amount i.e. one or two drops then, it will not make the fast invalid because it is not possible to avoid it, and if it is greater to the extent that its saltiness is felt throughout the mouth and the person swallows it, then the fast will be broken. The same ruling applies to the sweat of the face. (Durr-e-Mukhtar Ma’ Rad-dul-Muhtar, vol. 3, pp. 434)

And the same meaning is evident through the text of Bahar-e-Shari’at whose detail and explanation is as follows: whilst explaining the ruling in Bahar-e-Shari’at, firstly it has been specified that the tear has gone down the throat after entering into the mouth. As it is mentioned in the beginning of this ruling in Bahar-e-Shari’at: ‘the tear went into the mouth and he swallowed it’, then two cases have been mentioned. (1) Little amount of tears, which has been defined as one or two drops (2) Large amount of tears, which has been defined as saltiness being felt throughout the mouth. The fast will not be broken in the first case, whereas in the second case the fast will be broken as the complete ruling of Bahar-e-Shari’at is as follows: the tear went into the mouth and he swallowed it, if it was one or two drops then it will not make the fast invalid but if it was a greater amount such that its saltiness was felt throughout the mouth, the fast will be invalid, the same ruling applies to sweat.’ (Bahar-e-Shari’at, vol. 1, pp. 988)

i.e. this statement of the above mentioned ruling, ‘and if it was a greater amount such that its saltiness was felt throughout the mouth the fast will be invalid’ is not a separate ruling, rather it is the detail of a second case when a tear enters the mouth and then goes down the throat. It is understood from this that the ruling mentioned in Bahar-e-Shari’at is in accordance with the books of Fiqh and Fatawa and not contrary to them.  To consider it contrary is due the reader not going into the depth of the text.  وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ عَلَیْہِ واٰلِہٖ وَسَلَّم

Answered by: Abul Hasan Jameel Ahmad Ghauri Attari

Verified by: Mufti Fuzayl Raza Attari

Method of calculating Ushr

Question 2: What have Islamic scholars and honourable Muftis ruled regarding the following matter?

Sometimes the expenses of seeds, fertilizers, agricultural pesticides and water are so great that if these expenses are calculated then the whole produce is equal to these expenses. In fact, sometimes there is loss too and nothing is left for the landlord and the farmer. What I want to ask is that will Ushr be compulsory in this case too?

Asked by: Muhammad Qasim (Ar-Rahman Apartment Hyderabad)

بِسْمِاللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Ushr is for the whole produce without deducting its expenses, so even if the expenses of seeds, fertilizers, pesticides etc. are more than the produce, and nothing is left for the landlord and farmer, Ushr will be still be compulsory for the whole harvest. Deducting the expenses from this will not be allowed.

وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ عَلَیْہِ واٰلِہٖ وَسَلَّم

Written by: Mufti Fuzayl Raza Attari

Shari’ah ruling on sajdah for reverence

Question 3: What have Islamic scholars ruled regarding the following matter? What is the Shari’ah ruling of Sajdah for reverence? Is it permissible by Shari’ah or not? Please explain it in the light of Quran and Sunnah.

Asked by: Muhammad Tahseen Attari (Sector 03, North Karachi)

بِسْمِاللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

There are two types of Sajdah: (1) Sajdah for worshipping (2) Sajdah for reverence. Sajdah for worshipping is the right of Allah عَزَّوَجَلَّ which has never been permissible for one moment in any Shari’ah for anyone other than Allah. If someone performs Sajdah for worshiping to someone other than Allah he will clearly be a disbeliever. Whereas Sajdah for reverence (i.e. to perform Sajdah to show the greatness bestowed on someone by Allah عَزَّوَجَلَّ) was permissible in previous Shari’ahs as angels performed Sajdah to Sayyiduna Aadam عَـلَيْـهِ الـسَّـلَام and the parents and brothers of Hadrat Yusuf عَـلَيْـهِ الـسَّـلَام performed Sajdah to him. But Sajdah for reverence has been abrogated in our Shari’ah. So until Qiyamah, Sajdah for reverence performed to other than Allah is severely impermissible and Haraam in the Islamic Shari’ah. The one who will perform Sajdah for reverence will be a grave sinner and will deserve the torment of [Hell] fire. But! He will not be disbeliever and any ruling of Kufr [disbelief] will not apply to him. وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہٗ اَعْلَم   صَلَّی اللّٰہُ عَلَیْہِ واٰلِہٖ وَسَلَّم

Written by: Mufti Fuzayl Raza Attari