Ruling on the Deaf
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Praise be to Allah alone, and blessings and peace be upon the one after whom there is no prophet. After that: The Permanent Committee for Scholarly Research and Ifta has reviewed what was sent to His Eminence
the Grand Mufti, from the questioner: Abdullah ibn Saleh al-Awfi, General Manager of the Deaf Club in Riyadh, and referred to the Committee by the General Secretariat of the Council of Senior Scholars, with number (3158) and date 14/10/1426 AH. He asked a question, the text of which is as follows: His Eminence the Father and Mufti: You know, may Allah preserve you, that there are brothers of ours who have been afflicted with the inability to hear. The Deaf Club in Riyadh has been accustomed to holding a number of scholarly and da'wah lectures by a number of scholars, shaykhs, and reforming da'is. These lectures include fiqh topics presenting the rulings of prayer, fasting, Hajj, and others, as well as some da'wah and educational lectures, such as encouraging dutifulness to parents, maintaining family ties, staying away from sins, and some lessons on the Sirah, among other things. A number of certified translators who are proficient in sign language translate these for the deaf brothers. As a result, there has been apparent benefit for the deaf brothers in their reform and the rectification of their beliefs and religion. And in this time, there are those who say: Sign language is not sufficient for the deaf person to know the teachings of Islam, the creed, and the rulings of his religion. Does the argument (hujjah) hold against the deaf person through sign language?
After the Committee’s study of the question, it answered that if the mufti indicates a fatwa to the deaf person with a comprehensible gesture, then the argument holds against him by that; because the Prophet (peace and blessings be upon him) was content with answering by gesture in various instances. This indicates that the argument
holds by that, and that gesture serves as a substitute for speech when appropriate. The Imam al-Bukhari said: "Chapter on one who answers a fatwa with a gesture of the hand and head," and he narrated therein the hadith of Ibn Abbas (may Allah be pleased with them both)Sahih al-Bukhari 84 and the hadith of Abu Hurayrah (may Allah be pleased with him) that he (peace and blessings be upon him) Sahih al-Bukhari 85. And in the hadith of Ibn Umar (may Allah be pleased with them both), the Prophet (peace and blessings be upon him) said: and he pointed to his tongue. And in his hadith as well, the Prophet (peace and blessings be upon him) said: Sahih al-Bukhari 5296, and Ibn Abi Awfa (may Allah be pleased with them both) said: It is agreed upon by al-Bukhari and Muslim.
the Grand Mufti, from the questioner: Abdullah ibn Saleh al-Awfi, General Manager of the Deaf Club in Riyadh, and referred to the Committee by the General Secretariat of the Council of Senior Scholars, with number (3158) and date 14/10/1426 AH. He asked a question, the text of which is as follows: His Eminence the Father and Mufti: You know, may Allah preserve you, that there are brothers of ours who have been afflicted with the inability to hear. The Deaf Club in Riyadh has been accustomed to holding a number of scholarly and da'wah lectures by a number of scholars, shaykhs, and reforming da'is. These lectures include fiqh topics presenting the rulings of prayer, fasting, Hajj, and others, as well as some da'wah and educational lectures, such as encouraging dutifulness to parents, maintaining family ties, staying away from sins, and some lessons on the Sirah, among other things. A number of certified translators who are proficient in sign language translate these for the deaf brothers. As a result, there has been apparent benefit for the deaf brothers in their reform and the rectification of their beliefs and religion. And in this time, there are those who say: Sign language is not sufficient for the deaf person to know the teachings of Islam, the creed, and the rulings of his religion. Does the argument (hujjah) hold against the deaf person through sign language?
After the Committee’s study of the question, it answered that if the mufti indicates a fatwa to the deaf person with a comprehensible gesture, then the argument holds against him by that; because the Prophet (peace and blessings be upon him) was content with answering by gesture in various instances. This indicates that the argument
holds by that, and that gesture serves as a substitute for speech when appropriate. The Imam al-Bukhari said: "Chapter on one who answers a fatwa with a gesture of the hand and head," and he narrated therein the hadith of Ibn Abbas (may Allah be pleased with them both)
Somebody said to the Prophet (during his last Hajj), "I did the slaughtering before doing the Rami.' The Prophet (ﷺ) beckoned with his hand and said, "There is no harm in that." Then another person said. "I got my head shaved before offering the sacrifice." The Prophet (ﷺ) beckoned with his hand saying, "There is no harm in that."
أن النبي صلى الله عليه وسلم سئل في حجته فقال: ذبحت قبل أن أرمي فأومأ بيده قال: ولا حرج ، قال: حلقت قبل أن أذبح فأومأ بيده ولا حرج،It was asked, "What is Harj, O Allah's Messenger (ﷺ)?" He replied by beckoning with his hand indicating "killing."
قيل له: يا رسول الله: وما الهرج؟ فقال هكذا بيده، فحرفها كأنه يريد القتلAllah does not punish for the tears of the eye, but He punishes for this...
لا يعذب الله بدمع العين ولكن يعذب بهذا..."Afflictions will emerge from here," pointing towards the East.
الفتنة من ها هنا وأشار إلى المشرقThe Prophet (peace and blessings be upon him) gestured with his hand toward the east and said: "When you see the night coming from here, the fasting person has broken his fast."
أومأ النبي صلى الله عليه وسلم بيده إلى المشرق فقال: إذا رأيتم الليل قد أقبل من ها هنا فقد أفطر الصائم
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.