Monday, August 15, 2011

[Pak_IT_Brains] ruling: Women and Itikaaf [2 Attachments]

 
[Attachment(s) from Shahid included below]

fatwa # 48956: Can a man prevent his wife from observing i'tikaaf?
 
Question:
 
Does a husband have the right to prevent his wife from observing i'tikaaf?.
 
Answer:
 
Praise be to Allaah.
 
It is not permissible for a woman to observe i'tikaaf without her husband's permission, because her observing i'tikaaf in the mosque affects the husband's rights.
 
If he does give her permission, he has the right to cancel it and call her out of i'tikaaf.
 
Ibn Qudaamah (4/485) said:
 
The wife does not have the right to observe i'tikaaf without her husband's permission… if her husband gives her permission, then he wants her to come out after she has started i'tikaaf, he has the right to call her out in the case of a voluntary i'tikaaf. This is the view of al-Shaafa'i… If what he gave permission for was something that she vowed to do, then he does not have the right to bring her out, because it becomes obligatory once it is started and must be completed, like Hajj once one has entered ihraam for it.
 
The Sunnah indicates that it is permissible for a man to prevent his wife from observing i'tikaaf without his permission.
 
Al-Bukhaari (2033) and Muslim (1173) narrated that 'Aa'ishah (may Allaah be pleased with her) said:
 
When the Messenger of Allaah (peace and blessings of Allaah be upon him) wanted to observe i'tikaaf, he would pray Fajr then enter his place of i'tikaaf. He ordered that his tent be pitched, intending to observe i'tikaaf for the last ten days of Ramadaan. Then Zaynab ordered that her tent be pitched, and others among the wives of the Prophet (peace and blessings of Allaah be upon him) also ordered that their tents be pitched. When the Messenger of Allaah (peace and blessings of Allaah be upon him) prayed Fajr, he saw the tents and said: "Do you intend righteousness by doing this?" Then he commanded that his tent be taken down, and he abandoned i'tikaaf in Ramadaan and observed i'tikaaf for ten days at the beginning of Shawwaal.
 
According to a report narrated by al-Bukhaari:
 
'Aa'ishah asked him for permission (to observe i'tikaaf) and he gave her permission, then Hafsah asked 'Aa'ishah to ask for permission for her and she did so.
 
Al-Nawawi said:
 
"Righteousness" here means obedience or worship. Al-Qaadi said: He (peace and blessings of Allaah be upon him) said this by way of rebuke. He (peace and blessings of Allaah be upon him) had given some of them permission to do that, as narrated by al-Bukhaari. The reason why he criticized that was that he feared that they would not be sincere in their i'tikaaf, and all they wanted was to be close to him because of their jealousy concerning him, or because of his protective jealousy towards them, so he did not want them to stay in the mosque when it was the place where people gathered and was attended by the Bedouins and hypocrites, and they would need to go out and come in to attend to their needs and thus they would be exposed to people's gaze… Or it may have been because he (peace and blessings of Allaah be upon him) saw them with him when he was in the mosque and it was as if he was at home with his wives, which was a distraction from the purpose of i'tikaaf, which is to keep away from one's wives and worldly concerns, etc. Or it may have been because they were crowding the mosque with their tents. This hadeeth indicates that women's i'tikaaf is valid, because he (peace and blessings of Allaah be upon him) gave them permission, and he only stopped them from doing it afterwards for a reason. And it indicates that a man may prevent his wife from observing i'tikaaf without his permission. This is the view of all the scholars. If he has given her permission, can he prevent her after that? There is a difference of opinion among the scholars on this point. According to al-Shaafa'i, Ahmad and Dawood he has the right to stop her and bring her out of a voluntary i'tikaaf.
 
Ibn al-Mundhir and others said:
 
This hadeeth indicates that a woman should not enter i'tikaaf until she has asked her husband's permission, and that if she enters i'tikaaf without his permission he has the right to bring her out; if he has given permission he has the right to change his mind and stop her. It was narrated from ahl al-ra'y that if the husband gives her permission then stops her, he commits sin thereby and she may refuse. It was narrated from Maalik that he does not have the right to do that. But this hadeeth is proof against them.
 
From Fath al-Baari...
 

fatwa # 37698: I'tikaaf of women in the mosque
 
Question:
 
Can women sit for I'tikaf in a mosque in the last ten days of Ramadan?
 
Answer:
 
Praise be to Allaah. 
 
Yes, it is permissible for a woman to observe i'tikaaf in the mosque during the last ten days of Ramadaan.
 
Indeed, i'tikaaf is Sunnah for both men and women, and the Mothers of the Believers (may Allaah be pleased with them [i.e., the wives of the Prophet (peace and blessings of Allaah be upon him)] used to observe i'tikaaf with the Prophet (peace and blessings of Allaah be upon him) during his lifetime, and after he passed away.  
 
Al-Bukhaari (2026) and Muslim (1172) narrated from 'Aa'ishah (may Allaah be pleased with her), the wife of the Prophet (peace and blessings of Allaah be upon him), that the Prophet (peace and blessings of Allaah be upon him) used to spend the last ten nights of Ramadaan in i'tikaaf until he passed away, then his wives observed i'tikaaf after he died.
 
It says in 'Awn al-Ma'bood:
 
This indicates that women are the same as men when it comes to i'tikaaf.
 
Shaykh 'Abd al-'Azeez ibn Baaz (may Allaah have mercy on him) said:
 
I'tikaaf is Sunnah for both men and women, because it was proven that the Prophet (peace and blessings of Allaah be upon him) used to observe i'tikaaf during Ramadaan, and finally he settled on i'tikaaf during the last ten days, and some of his wives used to observe i'tikaaf with him, then they observed i'tikaaf after he died. The place for i'tikaaf is the mosque in which prayers in congregation are performed.
 
From the internet website of Shaykh Ibn Baaz.
 
And Allaah knows best.
 

fatwa # 37911: It is not correct for a woman to observe i'tikaaf in her house
 
Question:
 
Can a woman observe itikaf at home , what if she has to cook.
 
Answer:
 
Praise be to Allaah. 
 
I'tikaaf is only valid if done in the mosque, because Allaah says (interpretation of the meaning):
 
"And do not have sexual relations with them (your wives) while you are in I'tikaaf (i.e. confining oneself in a mosque for prayers and invocations leaving the worldly activities) in the mosques"
 
[al-Baqarah 2:187]
 
Men and women are equal in this regard.
 
Ibn Qudaamah said in al-Mughni:
 
A woman has the right to observe i'tikaaf in any mosque, and that is not subject to the condition that it be a mosque where prayers are performed in congregation, because that is not obligatory upon her. This was the view of al-Shaafa'i.
 
She does not have the right to observe i'tikaaf in her house, because Allaah says "while you are in I'tikaaf (i.e. confining oneself in a mosque for prayers and invocations leaving the worldly activities) in the mosques", and because the wives of the Prophet (peace and blessings of Allaah be upon him) asked him for permission to observe i'tikaaf in the mosque, and he gave them permission.
 
Al-Nawawi said in al-Majmoo' (6/480):
 
It is not correct for a man or a woman to observe i'tikaaf anywhere except in the mosque.
 
This is the view favoured by Shaykh Ibn 'Uthaymeen in al-Sharh al-Mumti', 6/513
 
And Allaah knows best.
 

fatwa # 50025: I'tikaaf of both men and women is only valid if observed in the mosque
 
Question:
 
Can a woman observe i'tikaaf in her house?
 
Answer:
 
Praise be to Allaah. 
 
The scholars are agreed that a man's i'tikaaf is only valid if observed in the mosque, because Allaah says (interpretation of the meaning):
 
"And do not have sexual relations with them (your wives) while you are in I'tikaaf (i.e. confining oneself in a mosque for prayers and invocations leaving the worldly activities) in the mosques"
 
[al-Baqarah 2:187]
 
So i'tikaaf is something that should be done specifically in the mosque.
 
See al-Mughni, 4/461
 
With regard to women, the majority of scholars are of the view that as in the case of men, their i'tikaaf is not valid unless it is observed in the mosque, because of the verse quoted above (interpretation of the meaning):
 
"And do not have sexual relations with them (your wives) while you are in I'tikaaf (i.e. confining oneself in a mosque for prayers and invocations leaving the worldly activities) in the mosques"
 
[al-Baqarah 2:187]
 
The wives of the Prophet (peace and blessings of Allaah be upon him) asked him for permission to observe i'tikaaf in the mosque and he gave them permission, and they used to observe i'tikaaf in the mosque after he died.
 
If it were permissible for a woman to observe i'tikaaf in her house, the Prophet (peace and blessings of Allaah be upon him) would have told them to do that, because it is better for a woman to remain concealed in her house than to go out to the mosque.
 
Some of the scholars were of the view that it is valid for a woman to observe i'tikaaf in the "mosque" of her house, which is the place that she allocates for prayer in her house.
 
But the majority of scholars said that this is not allowed and said that the place where she prays in her house is not called a masjid (mosque) except by way of metaphor, and it is not really a mosque, so it does not come under the rulings on mosques, hence it is permissible for people who are junub and menstruating women to enter it.
 
See al-Mughni, 4/464.
 
Al-Nawawi said in al-Majmoo' (6/505):
 
It is not valid for men or women to observe i'tikaaf anywhere but in the mosque; it is not valid in the mosque of a woman's house or the mosque of a man's house, which is a space that is set aside for prayer.
 
Shaykh Ibn 'Uthaymeen (may Allaah have mercy on him) was asked in Majmoo' al-Fataawa (20/264) about where a woman who wants to observe i'tikaaf should do so?
 
He replied:
 
If a woman wants to observe i'tikaaf, she should observe i'tikaaf in the mosque so long as that does not involve anything that is forbidden according to sharee'ah. If that does involve anything that is forbidden then she should not do i'tikaaf.
 
In al-Mawsoo'ah al-Fiqhiyyah (5/212) it says:
 
The scholars differed as to where women should observe i'tikaaf. The majority are of the view that woman are like men, and their i'tikaaf is not valid unless observed in the mosque. Based on this it is not valid for a woman to observe i'tikaaf in the mosque of her house, because of the report narrated from Ibn 'Abbaas (may Allaah be pleased with him) who asked about a woman who vowed to observe i'tikaaf in the mosque of her house. He said: "(This is) an innovation, and the most hateful of actions to Allaah are innovations (bid'ah)." So there can be no i'tikaaf except in a mosque in which prayers are established. And the mosque of a house is not a mosque in the real sense of the word and does not come under the same rulings; it is permissible to change it, and for a person who is junub to sleep in it. Moreover if it were permissible (to observe i'tikaaf at home), the Prophet's wives (may Allaah be pleased with them) would have done that at least once to show that it is permissible.
 

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