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Friday Freaky Fatwa--Squeezing Doctors and Divorce

A Muslim asks a scholar

I read a hadeeth according to which the Prophet said: “In the grave there is squeezing; and if anyone were to be saved from it, Saud ibn Mu‘aadh would have been saved from it.” Does this squeezing affect everybody, including the Prophets, the righteous, the martyrs and the siddeeqs? Is there any way to be protected from it?

And the scholar replied

Praise be to Allah.

The answer to that is that there was nothing proven concerning that in the texts of Revelation, but we have come across comments of many scholars saying that the Prophets will be exempted from squeezing. This opinion is based on the view those who say that the severity of the squeezing in the grave will vary according to the individual’s level of sin. The Prophets are protected against major sins and are protected against persisting in minor sins, so they will not be affected by the squeezing or questioning in the grave.
Saud was not a prophet…so it’s ok if he gets squeezed.

Al-Mannaawi said: The reports indicate that no one will be spared the squeezing in the grave, whether one is righteous or otherwise, but the Prophets are exempted, as was stated by the author.
and the author knows best…?

He also said: But al-Hakeem – i.e., al-Hakeem al-Tirmidhi – made an exception in the case of the Prophets and awliya’ (close friends of Allah) and was of the opinion that they will not be squeezed or questioned.
Really?  The Quran says nothing about Allah having or needing close friends.  Hakeem needs to be squeezed for telling lies.

My opinion is that the exemption in the case of the Prophets is obvious. With regard to the awliya’ it cannot be true. Have you not seen the high status of Saud ibn Mu‘aadh, and he was squeezed nevertheless.
Yes it’s true, the Jinn squeezed him until he farted. 

There is no proof for the exemption of Fatima bint Qays in the Hadith/sunnah; rather the suggestion that she is exempted is based on a fabricated or very weak Hadith that was quoted by Ibn Shabbah in his book Tareekh al-Madinah. The isnaad of the Hadith includes some unknown narrators, among whom is ‘Abdullah ibn Ja‘far ibn al-Miswar ibn Makhramah, of whom Ibn Hibbaan said: He made a lot of mistakes in narration and he even narrated from trustworthy narrators things that do not resemble proven Hadiths. Therefore he deserves to be rejected.
All Hadith deserves to be rejected as they are tales, narrations and stories.  Hadith is not sacred, Hadith is not the message.  Those who follow Hadith will go to the hellfire and being squeezed will be the least of their problems.

And Allah knows best.
22:7 And verily the Hour will come: there can be no doubt about it, or about (the fact) that Allah will raise up all who are in the graves.
Interesting note; Jesus is the only prophet who is not in the grave.  Jesus was resurrected and did not die.

A Muslim asks a scholar

I am a doctor living in a western country so my work therefore requires me to see male and female patients. This means that I am often in a room alone with a male patient. Is this wrong islamically? Am I only allowed to treat females and children? I personally dont feel I am doing wrong because all patients regardless of their sex visit a doctor to be treated. Your views would be much valued.

And the scholar replied

Praise be to Allah.

Female doctors must treat only women and male doctors must treat only men, except in cases of extreme necessity, if men are suffering a disease for which there is no male doctor available, in which case it is o.k. Allah says (interpretation of the meaning):
6:119 ‘He has explained to you in detail what is forbidden to you, except under compulsion of necessity’
But nowhere in the Quran will you find that it is forbidden for women to treat a male patient.  The Quran trusts that you will behave righteously, Hadith does not.  And it seems the scholars are perverts who shouldn’t be trusted at all.

Hence you should limit your work to treating women and children as you mentioned, and seek reward for this work with Allah. Whoever gives up a thing for the sake of Allah, Allah will compensate him with something better than that.
Adding to what I just wrote, seems the scholars are also lousy at reading as the questioner was a female and the scholar just addressed her as a ‘him’.  Follow the Quran and dump the scholars.

And Allah knows best
Believe it or not

A Muslim asks a scholar

I was married to a woman and had a son from her, then there were some differences between me and her and I divorced her. During the ‘iddah, there was an argument between me and her brother, and I swore an oath and said: “If So and so does not come back to my house before Fajr, then she is thrice-divorced.” But her brother did not let her, so she did not come back.
At that time I had not taken her back (formally, as a wife). After a short while I sought a fatwa and was told that it was permissible for me to take her back but I did not ask whether the second talaaq had taken place or not.
Two years later there were major problems in which her family played a major role, and I divorced her, but during the ‘iddah I met her and there happened between us is that which happens between husband and wife.
I asked one of the scholars working in the court in my city and he gave me a fatwa in writing stating that the divorce that I did not ask about did not count as such, because a divorce issued to an already-divorced woman does not count, and my taking her back by means of intercourse was valid, and I also asked two friends to testify that I had taken her back and told my wife about that.
 But I did not tell her family because of the severity of the discord in the family. My family got angry with me when they found out that I had taken her back.
But I asked her to bear that with patience and to let the taking back continue in secret until I was able to become independent of my family. After one year, during which I used to meet with her in secret and we would sometimes do what husbands and wives do.
Allah blessed me with the opportunity to travel abroad to complete my studies. I got in touch with her ten days before I was due to travel and told her that Allah had given us a solution to our problem. I asked her to wait for one or two months, and I would tell her how Allah had granted me a way out, then I left and did not tell her.
One week after I left, my family suddenly told me that my ex-wife (or so they thought) had got married! I became very distressed and I did not know what to do, as I was abroad and I did not believe it.
I tried to contact my wife and she told me that she thought that I was deceiving her all that time and that I had betrayed her, because she knew that the period of travel would not be less than five years, and she claimed that she had consulted a scholar on the radio as to whether intercourse with the wife without the intention of taking her back was regarded as taking her back or not, and he told her that the intention was essential.
I asked for advice and was told that I had the right to refer the matter to court to seek a separation, or to divorce her, so long as I told her so that she could observe the iddah following divorce.
Please note that they married her to someone else without taking the divorce papers from me, and that is what I intended to tell them when they asked me about the divorce papers.
And the scholar replied

Praise be to Allah.

You are an asshole and she was wise to find another husband…. yeah, they didn’t say that.

In general terms, there are differences of opinion among the scholars concerning many cases of divorce. Whatever the husband knows of the rulings before he utters the words of divorce, he should adhere to what he knows, and whatever he does not know about, if he asks someone whose religious commitment and knowledge he trusts, then he has to follow the fatwa he issues, and it is not permissible for him to move from one scholar to another in order to find another fatwa.
I think fatwas are like farts.  They only benefit the one who releases the fart.

Based on this, the fact that your wife says that she consulted one of the scholars who gave her a fatwa saying that your taking her back did not count as such because you had intercourse without the intention of taking her back is of no significance, because you consulted someone and told her of the fatwa and brought witnesses to that, thus the taking back was done in the proper manner, and there is no way for your wife to disagree with that.
Obviously she disagreed and I’m guessing sex with him wasn’t so good.

Telling your family and your wife’s family is not a condition of taking her back, and in fact it is not a condition that the wife tell them herself. A husband may take back his revocably-divorced wife (first or second talaaq) even if she is far away from him, and it is not a condition that she be told or even agree to it.
That information is total camel shit.

Allah says (interpretation of the meaning): 2:228 “And their husbands have the better right to take them back in that period, if they wish for reconciliation”
And just who do the scholars believe are included in the word THEY?  Obviously the wife is included in the word THEY.

The scholars are unanimously agreed that if a free man divorces his free wife, and he had consummated the marriage with her, and it is a first or second talaaq, then he has more right to take her back so long as the ‘iddah has not ended, even if the wife disagrees.
That’s not what the Quran says, but that’s the power the male scholars want to give to weak men who can’t control their anger.

But it would have been better to tell her family that you had taken back your wife back. The fact that you did not tell her may have caused them to do this terrible evil, which is marrying her to someone else, thinking that your divorce and your absence meant that their daughter was divorced fully and was able to remarry.
Time to dump the 7th century traditions.  The Quran allows women to make their own choices in marriage.

Allah has enjoined bringing witnesses to taking back a wife in the verse (interpretation of the meaning): 65:2 “And take as witness two just persons from among you so as to put an end to disputes, inform people and alert the heedless to the number of divorces.
But as this was all done in secret, the witnesses cannot be relied on.

The fuqaha’ indicated that if there are no witnesses to the taking-back, that may result in disputes and arguments as to whether the wife has been taken back or not, and the woman may end up marrying another man, thinking that she has not been taken back (by the first husband).
And that’s what happened.

But even if he does not tell her, the taking-back is still valid, because it is the continuation of an existing marriage and is not the initiation of a new one and the husband is exercising his rights, and for a man to exercise his right he does not need to inform others.
And the scholar on the radio disagreed and the idiot did leave her and at the end of the day didn’t really deserver her.

Now what you must do is refer the matter to the sharia court, and present the written fatwa from this scholar, and bring the two witnesses, to prove that you had in fact taken your wife back.
But that would go against the Quran as it says 65;2 to part on equitable terms.  When he left her he thought that was equitable she agreed and married someone else.

We should point out that if you do not want to take her back, it is not permissible for you to keep quiet about the matter. After setting things straight, you can divorce her if you wish, but you should understand that if you keep quiet, her second marriage will remain invalid, and this is a serious evil.
Stupid scholars.  The Quran says he can only re-marry her if she marries another man and then divorces him.  Doesn’t say she has to divorce husband number 2 to marry fool number one.

We ask Allah to help you to do that which pleases Him and to make good easy for you.
Seems like Allah helped her to do that which pleased her :D

And Allah knows best.
Trust in that!

Next week there will be other fatwas on Tales of the Crypt!
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