What is the ruling on weighing a newborn’s hair in silver or gold, and is it permissible to give the value of the silver in money instead of giving the silver itself?
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The questioner : Excuse me, my brother 'Isam, my apologies, Shaykh!
The Shaykh : How so? A question?
The questioner : Yes, the issue is that the newborn’s head hair is shaved and weighed in silver or gold. He said that you are the one who says this, and that the value is given, so...The Shaykh : Ahmad is verifying this matter, meaning!
The Shaykh : We say: the original ruling is silver.
The questioner: Yes.
The Shaykh : So if a person weighs the newborn’s hair in silver, he has fulfilled the obligation.
The questioner: Yes.
The Shaykh : But if he weighs it in gold, he has added!
The questioner: Yes.
The Shaykh : To the obligation.
The questioner : The Shaykh permits giving the value of this silver, not the silver itself.
The Shaykh : Where are we supposed to get the silver from?!
The questioner : From the goldsmith, our Shaykh!
The Shaykh : Yes, from the goldsmith, and then what?! We take it.
The questioner : He said: you give it to the poor person.
The Shaykh : Yes, and what is the poor person going to do with it?!
The questioner : Yes, that’s it, he said: you wrap it in a loaf of bread, meaning, then you wrap it in a second charity.
The Shaykh : No, no, before that, the silver that the poor person took without any wrapping, in your expression about it!
The questioner : Yes.
The Shaykh : Does the poor person benefit from it?
The questioner : Definitely not.
The Shaykh : So then?! What does he do?! We are asking, meaning, what does the poor person do?
The questioner : That’s it, he doesn’t do anything with it at all, meaning, he can’t find anything to give him, nothing at all!
The Shaykh : No, I mean, suppose now instead of silver it is gold!
The questioner : Yes, exactly.
The Shaykh : We gave him gold, for example, we gave him half a gram of gold, or a gram of gold, what is he going to do with it?
The questioner : He will go and sell it!
The Shaykh : Okay, so we save him the trouble and sell it, and we buy the value, which is so many dinars, and we give it to him. Meaning, the settlement here has a place if there is a difference between the one who gives charity or the one who receives charity. There is a difference between this and that. If the recipient is like the case of zakat al-fitr, zakat al-fitr is specific items mentioned in the text, so we come and give him money. This money, the poor person can dispose of it!
The questioner: Yes.
The Shaykh : But the charity mentioned in the text, can he dispose of it and benefit from it or not?! The answer: Yes, in zakat al-fitr, but here as well?!
The questioner: No.
The Shaykh : Regarding the silver!
The questioner : He cannot benefit from it!
The Shaykh : That is it.
The questioner : Well, he sees that it is a literal adherence to the text that was revealed, and he has a point, which is: he said: "The wisdom is giving the silver," otherwise, what is the wisdom that, by Allah, the hair is weighed and not hair? If the value was the case from the start, he would say: give, for example, the value or something, corresponding to the weight!
The Shaykh : This screwdriver is in the same drawer, how?!
The questioner : Meaning, I say that, for example, the Lawgiver conditioned it on weighing the hair!
The Shaykh : I understand, are you now talking about the first issue or the new one?!
The questioner : It is about itself, he is.
The Shaykh : Okay, and the same answer, my brother.
The questioner: Yes.
The Shaykh : Meaning, does Shaykh Ahmad want us to give him, for example, silver wire, for example, weighed the weight of the hair, like that, he wants, for example?
The questioner : Yes, that’s what he wants, and that you give him money from you as charity on top of it!
The Shaykh : Why?
The questioner : I mean.
The Shaykh : Is this the obligation?
The questioner : No, heh, meaning.
The Shaykh : My brother, the problem now is not that he gives charity. I give him charity or I don’t give him charity, it’s the same, meaning, whether there was a newborn or there wasn’t a newborn, what does it mean that I give him charity?
The questioner : Yes.
The Shaykh : That’s not the issue. The issue is whether he gives it while preserving the text as you say about it. He gives him silver, and then he will see what he does with it. He might be a goldsmith, for example, and benefit from it.
The questioner : Even our Shaykh, the goldsmith, meaning, I asked my cousin.
The Shaykh: Yes.
The questioner : He told me: if a person comes wanting to sell us silver, we won’t buy it.
The Shaykh : Yes, that’s it, heh.
The questioner : Meaning, even if it was, meaning, not...
The Shaykh : Yes, did you tell Shaykh Ahmad?!
The questioner : I told him.
The Shaykh : Yes, what did he say?!
The questioner : He said: adhere to the text!
The Shaykh : We need to preserve the text?! Ha.
The questioner : Yes, the text!
The Shaykh : Tell him: it’s apparent, the Shaykh says!
The questioner : Heh, if Allah wills!
The Shaykh : How so? A question?
The questioner : Yes, the issue is that the newborn’s head hair is shaved and weighed in silver or gold. He said that you are the one who says this, and that the value is given, so...The Shaykh : Ahmad is verifying this matter, meaning!
The Shaykh : We say: the original ruling is silver.
The questioner: Yes.
The Shaykh : So if a person weighs the newborn’s hair in silver, he has fulfilled the obligation.
The questioner: Yes.
The Shaykh : But if he weighs it in gold, he has added!
The questioner: Yes.
The Shaykh : To the obligation.
The questioner : The Shaykh permits giving the value of this silver, not the silver itself.
The Shaykh : Where are we supposed to get the silver from?!
The questioner : From the goldsmith, our Shaykh!
The Shaykh : Yes, from the goldsmith, and then what?! We take it.
The questioner : He said: you give it to the poor person.
The Shaykh : Yes, and what is the poor person going to do with it?!
The questioner : Yes, that’s it, he said: you wrap it in a loaf of bread, meaning, then you wrap it in a second charity.
The Shaykh : No, no, before that, the silver that the poor person took without any wrapping, in your expression about it!
The questioner : Yes.
The Shaykh : Does the poor person benefit from it?
The questioner : Definitely not.
The Shaykh : So then?! What does he do?! We are asking, meaning, what does the poor person do?
The questioner : That’s it, he doesn’t do anything with it at all, meaning, he can’t find anything to give him, nothing at all!
The Shaykh : No, I mean, suppose now instead of silver it is gold!
The questioner : Yes, exactly.
The Shaykh : We gave him gold, for example, we gave him half a gram of gold, or a gram of gold, what is he going to do with it?
The questioner : He will go and sell it!
The Shaykh : Okay, so we save him the trouble and sell it, and we buy the value, which is so many dinars, and we give it to him. Meaning, the settlement here has a place if there is a difference between the one who gives charity or the one who receives charity. There is a difference between this and that. If the recipient is like the case of zakat al-fitr, zakat al-fitr is specific items mentioned in the text, so we come and give him money. This money, the poor person can dispose of it!
The questioner: Yes.
The Shaykh : But the charity mentioned in the text, can he dispose of it and benefit from it or not?! The answer: Yes, in zakat al-fitr, but here as well?!
The questioner: No.
The Shaykh : Regarding the silver!
The questioner : He cannot benefit from it!
The Shaykh : That is it.
The questioner : Well, he sees that it is a literal adherence to the text that was revealed, and he has a point, which is: he said: "The wisdom is giving the silver," otherwise, what is the wisdom that, by Allah, the hair is weighed and not hair? If the value was the case from the start, he would say: give, for example, the value or something, corresponding to the weight!
The Shaykh : This screwdriver is in the same drawer, how?!
The questioner : Meaning, I say that, for example, the Lawgiver conditioned it on weighing the hair!
The Shaykh : I understand, are you now talking about the first issue or the new one?!
The questioner : It is about itself, he is.
The Shaykh : Okay, and the same answer, my brother.
The questioner: Yes.
The Shaykh : Meaning, does Shaykh Ahmad want us to give him, for example, silver wire, for example, weighed the weight of the hair, like that, he wants, for example?
The questioner : Yes, that’s what he wants, and that you give him money from you as charity on top of it!
The Shaykh : Why?
The questioner : I mean.
The Shaykh : Is this the obligation?
The questioner : No, heh, meaning.
The Shaykh : My brother, the problem now is not that he gives charity. I give him charity or I don’t give him charity, it’s the same, meaning, whether there was a newborn or there wasn’t a newborn, what does it mean that I give him charity?
The questioner : Yes.
The Shaykh : That’s not the issue. The issue is whether he gives it while preserving the text as you say about it. He gives him silver, and then he will see what he does with it. He might be a goldsmith, for example, and benefit from it.
The questioner : Even our Shaykh, the goldsmith, meaning, I asked my cousin.
The Shaykh: Yes.
The questioner : He told me: if a person comes wanting to sell us silver, we won’t buy it.
The Shaykh : Yes, that’s it, heh.
The questioner : Meaning, even if it was, meaning, not...
The Shaykh : Yes, did you tell Shaykh Ahmad?!
The questioner : I told him.
The Shaykh : Yes, what did he say?!
The questioner : He said: adhere to the text!
The Shaykh : We need to preserve the text?! Ha.
The questioner : Yes, the text!
The Shaykh : Tell him: it’s apparent, the Shaykh says!
The questioner : Heh, if Allah wills!
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.