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Discussion in 'Hanafi Fiqh' started by Mohammad Hassan Raza, Mar 18, 2013.
Thank you brother unbeknown.. It would be best to ask Darul Ifa Madani channel..
Brother would it not be an easy way out for sinners to actually 'wash' their sins by committing an act of Kufr and then reverting back to Islam? Quite lame, right?
from Reliance of The Traveler - by Sayyid Ahmed ibn Naqib al Misri, translated by (the now infamous) Nuh Keller:
f1.1 Those who lose their reason through insanity or illness do not have to make up the prayers they miss while in this state, and nor do converts to Islam (N: make up prayers form before their Islam).
An apostate from Islam (murtadd, def: o8) who then returns must make up every prayer missed. (n: w18 discusses why making up prayers missed without excuse is obligatory.)
h1.2 Non-Muslims are not obliged to pay zakat, nor apostates from Islam (murtadd, def: o8) unless they return to Islam, in which case they must pay for the time they spent out of Islam, though if they die as non-Muslims their property is not subject to zakat(N:because their property is considered to belong to the Muslim common fund (bayt al-mal) from the moment such people leave Islam).
il.3 The following are not required to fast, though they are obliged to make up fast-days missed:
(3) a person who has left Islam (murtadd, def: o8);
m7.4 If any of the following occurs before intercourse has taken place, then the marriage is immediately
(1) one of a couple who are idolators becomes a Muslim;
(2) one of a Zoroastrian couple becomes Muslim;
(3) the wife of a Jew or Christian becomes a Muslim;
(4) both husband and wife leave Islam;
(5) or one of them does.
But when one of the above things happens after intercourse, then a waiting period (def: n9) must intervene before the marriage is annulled. If both husband and wife (A: are, or) become Muslim before the waiting period finishes, then their marriage continues. And if not, then the marriage is considered to have been over since the change of religion first took place.
an off-topic but interesting passages:
j17.2 It is unlawful to eat meat slaughtered by a Zoroastrian, someone who has left Islam (murtadd, def:08), or an idol worshipper, (O: included with whom are those (zanadiqa) with corrupt convictions about tenets of faith that are well-known as essential parts of Islam (def: books u and v),) or a Christian of the desert Arab tribes (O: the upshort of which is that it is a necessary condition that the slaughterer be of a people whose women we are permitted to marry, whether Muslims, Jews, or Christians).
then in book u:
u2.4 Any Muslim who denies something that is necessarily known (def: f1.3(N)) to be of the religion of Islam is adjudged a renegade and an unbeliever unless he is a recent convert or was born and raised in the wilderness or for some similar reason has been unable to learn his religion properly. Muslims in such a condition should be informed about the truth, and if they then continue as before, they are adjudged non-Muslims, as is also the case with any Muslim who believes it permissible to commit adultery, drink wine, kill without right, or do other acts that are necessarily known to be unlawful (Sahih Muslim bi sharh al-Nawawi (Y93), 1.147-50).
BELIEF IN ALLAH
u3.2 (Muhammad Jurdani) To believe in Allah means in His existence, His sole godhood (rububiyya,that no one else participates in His attribute of divinity or in the rights He has over His creatures), His oneness and uniqueness (wahdaniyya), and that He is characterized by every perfection and exalted above any imperfection or impossibility (dis:" v1).
Keller should ponder over what he's translated.
I'm not saying I know the ruling but if a person commits kufr then he's no longer a Muslim, when he reads the kalima again then isn't he like a new Muslim (all his past good deeds and sins are wiped away)?
two points that i know which do not directly relate to your question:
according to the ahnaf (i'm a neither a hanafi nor a scholar so i may be mistaken here):
uttering a kufr-sareeh renders all past good-deeds including salah, fasting and Hajj and even nikah void. so when the person repeats his shahada he has to make-up ALL previous salah and fasts as 'qada' and renew his nikah with a fresh mahar. so if this happened when he was aged 50 then he'll have to make up all salah and fasts starting from the time he became 'baligh'. not sure about hajj.
(so from this it seems that his wudu too would become void. since i am a not a mufti this opinion doesn't carry weight. i think the quickest way for you to get a fatwa would be to record your question during the live telecast of daarul-iftah on madani channel)
according to the shafis:
when a person renews his shahada, he has to make-up ONLY those salah and fasts that he missed WHILE he was a murtad. whereas, all good-deeds done prior to committing disbelief are as if they were unharmed. as for nikah, if he renews his shahada within three "tauhar" then he need not renew his nikah.
(i'm not saying what is right or wrong just stating what i think i know.)
Brothers please do think about it. I request the admins. especially Janab abu Hasan to take a look
If a Muslim utters some Kuffriyah Aqwaal, will his invalidate his/her Wudu and/or Ghusl? ie., just before uttering the Kuffriyah aqwaal, he had performed Wudu and was in that state and uttered some words of Kufr/Shirk, and then he repented and recited the Shahadah, can he offer Salah or should he:-
1) Perform Wudu again and then offer Salah?
2) Perform Ghusl and then offer Salah?
3) Just offer Salah because neither his Ghusl nor his Wudu was invalidated due to the utterance of the Kuffriyah Aqwaal?