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Article 1013–Co-owners of a building are called holders (or owners) of a hissa-i-shâyi’a. Supposing half of a building belongs to Ahmad, one-third of it belongs to ’Umar, and one-sixth of it belongs to ’Alî, and Ahmad sells his hissa-i-shâyi’a, and ’Umar and ’Alî want to buy it. ’Umar will buy half of the hissa-i-shâyi’a, and ’Alî will buy the other half. That the hissa-i-shâyi’a already owned by ’Umar is twice ’Alî’s share cannot be grounds for his buying twice the amount (to be bought by ’Alî). Article 1023–The right of shuf’a (pre-emption) does not apply in cases of unrequited assignments of property such as unreturned gift-makings and bequeathals. [Please see the final section of this chapter!] Article 1031–When a person with the right of shuf’a hears of the sale, he has to claim his right immediately, repeat his claim in the presence of two witnesses, and hold court within a month. Article 1036–Upon the buyer’s redelivery or the judge’s decree, the person with the right of shuf’a will pre-empt the building for sale. Article 1198–A person cannot cause their neighbor (a heavy harm that is termed) dharar-i-fâhish. Something that hinders fitness for use is a dharar-i-fâhish. If a blacksmith shop or a flour mill causes the adjacent building to quake or the smokes from a baker’s or the noisome vapours from an oil mill or the dusts from a threshing field cause the neighboring house to become impossible to live in or the waterway of a watermill or vegetable garden loosens the foundation or walls of the adjoining house or a rubbish heap corrodes the walls of a bordering house or a tall apartment house built on the windward side of a threshing field blocks out the wind coming to it or the smokes from a restaurant made near a cloth-seller’s damage the textiles in it or the leakage from the sewer of a house damages the walls of the neigbouring house; each of these harms incurred is a dharar-i-fâhish, and in each instance the one that is (to be) built later must be prevented. Article 1201–It would not be a dharar-i-fâhish to prevent a house from enjoying the landscape or sunlight, whereas it is a dharar-i-fâhish to completely darken a room. Article 1202–It is a dharar-i-fâhish to cause the kitchen, the mouth of the well or the empty space between the two houses to be seen. It is necessary to build a wall or put a screen in between. Article 1210–A wall commonly owned in between cannot be heightened or used for building something on it by one of the – 362 –
neighbours without the permission of the other. Article 1224–The already existing roads, waterways and sewerages cannot be tampered with unless a dharar-i-fâhish is involved. Article 1226–A person may revoke his permission. For instance, if he has consented to a prassageway through his field, he may give up and prevent it. Article 1228–He cannot prevent an already existing passageway through his field or people’s entering his field for the purpose of repairing it. He may prevent a new passageway being opened. Article 1243–Trees and grass in the mountains are mubâh for everybody. The trees will be the property of the person who fells them. Article 1249–A person who obtains something that is mubâh will be its owner. Obtaining something is done on purpose, intentionally. Article 1255–No one can prevent another from obtaining something that is mubâh. Article 1265–The seas, great lakes and rivers, and ownerless land areas and mountains far away from towns are mubâh for everybody. But it is a condition not to harm others. Article 1281–A person who digs a well in the country will be the owner of its harîm, which is the area surrounded by a circle with a radius of twenty metres and centering around the well. Article 1291–A well within a town does not have harîm. Everyone may dig a well in their own property. Article 1311–In case one of the partners who share the ownership of something makes repairs to it without the permission of the other partners if they are present, or of the judge on behalf of the absent partner, he cannot claim anything from the partners. Article 1313–In case indivisible property such as a mill, a public bath, or an apartment building becomes decrepit and one of the partners owning a share from it will not accede to the repair to be made, it will be repaired with the judge’s permission and the demurring partner’s share of the expense will be collected from him. Article 1314–When a building commonly owned collapses, anyone who will not consent to its being rebuilt commonly cannot be forced to agree. The building plot must be divided and shared. – 363 –
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Hakikat Kitabevi Publications No: 5
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Bismi’llâhi ’r-rahmâni ’r-r
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CONTENTS Chapter Letter Page No. No
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TAM ‹LM‹HÂL SE’ÂDET-‹ EBE
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things with his own zakât, (which
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person who is indebted to people do
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people. That is, they are not inclu
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than these vital needs. Subsistence
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to the weight of seven mithqâls in
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mixed with metals such as copper. G
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different kind or gold or silver mo
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obtained before one year has passed
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and takes back the rest, it is not
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the paper money should be given com
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oath. If he gives fulûs, that is,
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have mixed them, the case is the sa
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off their stems and eat them or to
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he gives it to someone who has the
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permission. He could not build a ho
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ZAKÂT OF HORSES — Their zakât i
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could pay zakât to her poor husban
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A rich person who fails to get back
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of religion think of themselves as
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countries of disbelievers should pa
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things. If the former of each pair
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2 - FASTING IN RAMADÂN The fourth
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fifth letter of the first volume of
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the new crescent on the thirtieth o
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intended to be safarî. [1] On days
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time) from shar’î sunset to the
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it starts to become dark on the eas
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has forgotten his fast and eaten so
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one’s eyes) or cosmetics on one
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subsistence and believes that he wi
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instead of meals. If he gives the s
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did not give it with the latter’s
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imitate the Hanafî Madhhab and giv
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4 - PERFORMING THE QURBÂN If a dis
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each qurbân. To avoid interest ear
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It is not permissible to give away
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lindfolded with a piece of cloth. I
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The person who performs the qurbân
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qurbân intends to kill an animal w
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5 - VOW (NAZR) Ibni ’Âbidîn ‘
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kaffârat for an oath instead. For
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the vow and the other for the ’Iy
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It is permissible to fulfil the abs
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with a stipulation of this sort can
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6 - OATHS—KAFFÂRAT FOR AN OATH Y
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at the time of death it will be ver
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adjured not to do. That comes to me
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It is not permissible to feed other
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not sahîh. So it is not necessary
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year, wears ihrâm for hajj, and pe
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the book al-Hadîqa, at the end of
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not permissible to send someone els
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ecomes sinful. Going on hajj is mak
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We have heard about some heretical
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A person arriving late for hajj goe
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times. The night after tawâf-i-ziy
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places: The first in Mekka on the s
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level with your shoulders and turn
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having kissed it, its surface is no
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door on the qibla side. The east wa
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that it is a sunna to come from far
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shafâ’a (intercession) is wâjib
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8 - CONVERSION OF A SOLAR YEAR INTO
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multiplied by five. The number obta
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monthly tables showing the variatio
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Months 0 1 2 3 4 5 6 7 Muharram 6 4
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ULU⁄ BEY’S CHARTS OF LUNAR MONT
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CHART III Christian Hijrî Christia
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The third reason: Hadrat Muhammad M
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istihâra several times; then, he s
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witness. When a father marries his
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such a marriage. In the three Madhh
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ook of Tafsîr entitled Abullays [1
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debtor. For presenting it to someon
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the property back to her husband as
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ecome harâm to marry in case of an
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missing husband [who has been, say,
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hundred million liras in cash, and
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presence of a man, it will be permi
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it is an indication of consent. So
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and the Basmala, which would be fol
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women to go on hajj alone. It is no
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You’ll go’n leave behind all yo
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husband becomes a renegade and then
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Nawâdir are weak, untenable. They
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If a married girl who is accepted a
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13 - DEATH—PREPARATION FOR DEATH
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of death the dream will be over, an
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have a wife with nikâh [1] -young
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9 - It will become easy for a bache
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kinds of medicine. He would say ây
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hold fast to means. Names of the gr
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salâm prayed in the dolphin by rec
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is covered with a wide, light bed s
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ecomes clean, but the fard does not
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find any water). It is mustahab for
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are put in a fire in a shovel and f
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in order to defend the lives and pr
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15 - THE SALÂT (Namâz) of JANÂZA
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when the hands should be let to han
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days after death); we must try to r
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dealing with the salât of ’Iyd,
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16 - CARRYING THE CORPSE and the BU
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It is necessary and sunna and very
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coffin. It is always very good to b
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permissible to inscribe âyats, ble
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sinful if it is committed in the na
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musallî [1] on the authority of th
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prayer transliterated above you sit
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or recite) other âyats. A hadîth-
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entire Qur’ân is much greater. S
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on graves. But a better deed to be
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18 - BENEFITS of VISITING GRAVES L
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martyrs in Paradise. Every night th
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is, on the qibla side, of the grave
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hear. And the soul does not have a
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19 - A LETTER OF CONDOLENCE BY RAS
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20 - FIRST VOLUME, 104th. LETTER Th
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21 - ISQÂT FOR THE DECEASED It is
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kaffârat be done, his walî does n
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excess, his will will become invali
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circulating x the number of dawrs.
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of namâz as five gold coins and a
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takes them, saying, “I have accep
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Death awaits, mind you incline not
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other dies in Andalusia [1] at sunr
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THULUTH is one-third and is given t
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same father but different mothers;
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grandchildren; if they did not exis
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anwar and also in the presence of A
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23 - CALCULATIONS of FARÂID (Solut
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obtained: [24x210=5040]. The wives
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the returned and unreturned is mult
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IV - The fourth class subsumes the
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24 - SECOND VOLUME, 16th LETTER Thi
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27 - THIRD VOLUME, 15th LETTER This
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emove ghil and hased (jealousy) fro
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weaponry and penmanship. Trade is t
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For, the ef’âl-i-ilâhiyya becom
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food that comes by way of harâm da
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throughout the nights and fasts dur
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earn more than needed for vaunting
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husbands. A (married) woman has two
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Now! From all creation I’m in iso
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he said that Islam’s teachings on
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also bread and flour. Meat and milk
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seller) before the two parties depa
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with the exception of gold and silv
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exist or to be present at the place
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Page 313 and 314: 6- Of countable things, those which
Page 315 and 316: to my place,” the agreement of sa
Page 317 and 318: whose postponement is permissible,
Page 319 and 320: to state the place where the themen
Page 321 and 322: of the property (or money) inherite
Page 323 and 324: Ahmad bin Alî Maqrîzî (d. 845) w
Page 325 and 326: kinds of ready and current money al
Page 327 and 328: etween cancelling the sale and acce
Page 329 and 330: of thereafter.] The seller’s meas
Page 331 and 332: matters of buying and selling. Yet
Page 333 and 334: 30 - BEING MUKHAYYER (OPTION) IN BU
Page 335 and 336: ecomes bâtil. If the buyer still p
Page 337 and 338: to it. On the other hand, if a pers
Page 339 and 340: 31 - SALES THAT ARE BÂTIL, FÂSID,
Page 341 and 342: the milk that will be obtained dail
Page 343 and 344: After the uppermost storey of an ap
Page 345 and 346: fascicle of Endless Bliss! It is f
Page 347 and 348: the stipulation is not binding. It
Page 349 and 350: for the seller to say, ‘I will bu
Page 351 and 352: ody that are harâm for men other t
Page 353 and 354: approves of the sale. A person who
Page 355 and 356: would be fâsid for him to buy some
Page 357 and 358: 32 - THE INVALID’S SALE Hâdji Ra
Page 359 and 360: 33 - MISCELLANEOUS PIECES of INFORM
Page 361: compensation must be made from the
Page 365 and 366: judge and has the branches pulled b
Page 367 and 368: allowed into his flat unless he def
Page 369 and 370: perform i’tikâf if my invalid re
Page 371 and 372: 16- Hawâla (transfer): To say, for
Page 373 and 374: 35 - SALE by SELEM It is a sale agr
Page 375 and 376: postponement (of the delivery of th
Page 377 and 378: [It is not permissible to sell prop
Page 379 and 380: The seventh chapter is on Hiba (gif
Page 381 and 382: 37 - LENDING Lending, which is term
Page 383 and 384: not to the creditor, but to the per
Page 385 and 386: Abd-ul-Wahhâb Sha’rânî ‘rahm
Page 387 and 388: on credit, determining the time of
Page 389 and 390: Lending by way of selem is not perm
Page 391 and 392: A person’s debt may be repaid by
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Page 395 and 396: 38 - KAFÂLAT and HAWÂLA (SURETY a
Page 397 and 398: living) in the Dâr-ul-harb to appo
Page 399 and 400: hawâla, will have to be indebted t
Page 401 and 402: temporary use (’âriyat) or for s
Page 403 and 404: given their consent on this conditi
Page 405 and 406: another are not sahîh (valid) form
Page 407 and 408: instruction would have to pay for i
Page 409 and 410: (written by Muhammad Berdûsî-zâd
Page 411 and 412: principal. He would be entitled to
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It is bâtil (null and void) to app
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having taken possession of the spec
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eview the fourth chapter dealing wi
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eluctantly is not sahîh. It is not
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40 - ’ADÂLAT (Justice) and IHTIK
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medicine is harâm.] Ihtikâr with
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camel’s ailing foot. The buyer br
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another country of disbelievers. Wh
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is an act of perfidy. Such behaviou
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forestalling the zakât’s becomin
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the great Walî replied, “I have
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people. It is wâjib, anyway, to pr
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42 - HOW TO CARE FOR ONE’S FAITH
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3- Worldly occupation should not pr
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Sahâba, stated: “At market place
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you have been observing today they
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There are moments, it’s an ocean,
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stated in all books of Fiqh, fâiz
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permissible to pay someone’s debt
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strictly as possible. It has been s
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has given as a rehn. Nor can he dem
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the same, the sale will not be sah
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have it at that moment;) he should
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selem,] by niyyat (intention), will
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the same as their amounts may be. 8
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on an earlier delivery of a lessene
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other three Madhhabs, (i.e. in the
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Muslims always lent money without i
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cause separation and grudge among p
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money,] as well can be devoted as a
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harâm, which is a falsification ha
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Likewise, if a wakîl (deputy, prox
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(price) of a pocket watch that I ha
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called qardh-i-hasan [1] from rich
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usinessmen, banks will accelerate t
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may be a shareholder. It is obligat
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D) Company of wujûh, or i’tibâr
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profit is stipulated in favour of o
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14- It will not be permissible if:
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must be imitated. In that case, how
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the âjir (renter) may desist from
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mutilates the animal by tugging or
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sahîh for a mechanic to give a gua
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means of living!” Another hadîth
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eceived in that case will be harâm
Page 503 and 504:
Supposing you are giving cloth to a
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with Muslims. They cannot be charge
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your wheat in this bucket.” The v
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contradicts the (Islamic) science o
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and depositaries are to be categori
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