Explanation of the author's statement: "It is recommended to give alms on behalf of the fetus, but it is not obligatory for a rebellious wife."
Machine translationRead the Arabic original
The Shaykh :"It is recommended on behalf of the fetus" "It is recommended" means that it is recommended to give alms on behalf of the fetus. The fetus is the pregnancy in the womb. It is called that because it is concealed. The root of this word is the letter Jim and Nun, and its origin is from concealment and not appearing. From this comes the word for jinn, because they are hidden. From this comes the word for Paradise, which is a garden with many trees, because it conceals those who enter it. From this comes the word for armor, which one hides behind in war and fighting. It is spelled with three different vowels for the Jim: janna, jina, and juna, and each has a meaning. There are many such words in the Arabic language. What is easier and simpler is a word called "Qatrab." This word is easy to memorize and smooth. If one of you memorized it, that would be good. Now, the fetus is what? It is the pregnancy in the womb. The apparent meaning of the author's words is that it is recommended to give alms on behalf of the fetus, whether the soul has been breathed into it or not, due to the generality of his statement "on behalf of the fetus." However, there is a consideration regarding it before the soul is breathed into it, because it is not a human being. Allah the Exalted said: [Al-Baqarah 2:28] It is now a dead body. So what appears to me is that if we say it is recommended to give alms on behalf of the fetus, it is only given on behalf of one into whom the soul has been breathed. The soul is not breathed in before the completion of four months, based on the hadith of Ibn Mas'ud (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) told us, and he is the truthful and the veracious, truthful in what he reports, veracious in what is reported to him, truthful and veracious, peace and blessings be upon him. He said: For this reason, the scholars said that a miscarriage before four months is not washed, not shrouded, and no funeral prayer is performed for it. After that, it is the opposite: it is washed, shrouded, a funeral prayer is performed for it, and it is buried with the Muslims.
And his statement "it is recommended on behalf of the fetus": they cited as evidence a report narrated from Uthman (may Allah be pleased with him) that he gave alms on behalf of the fetus. Otherwise, there is no Sunnah in this. But we must know that Uthman (may Allah be pleased with him) is one of the Rightly Guided Caliphs whom we were commanded to follow their Sunnah. So if no Sunnah is reported from the Prophet (peace and blessings be upon him) that contradicts what the Caliphs established, then their Sunnah is Shari'ah. And by this, we know that the first Adhan on Friday is a Sunnah, established by the Prophet (peace and blessings be upon him), based on his statement:Mishkat al-Masabih 165Sahīh (Zubair `Aliza'i) As for those among the hadith scholars who denied it and said it is an innovation, and declared Uthman misguided for it, they are the misguided ones. Because Uthman (may Allah be pleased with him) established it for a reason that did not exist in the time of the Messenger (peace and blessings be upon him). If the reason for which Uthman established it had existed in the time of the Messenger, we would say this is a matter whose cause existed in the time of the Messenger (peace and blessings be upon him). If someone after him established it while the cause existed in the life of the Messenger and the Messenger did not establish it, we might prevent his Sunnah. But since the cause for which Uthman established it did not exist in the time of the Messenger (peace and blessings be upon him), then his Sunnah is a Sunnah to be followed, and we are commanded to follow it. Now.
Then he said: "And it is not obligatory for a rebellious wife" This is based on the fact that it is obligatory for a person to give alms on behalf of those he maintains. So if a woman is rebellious, maintenance is not obligatory for her, and zakat al-fitr is not obligatory for her husband on her behalf because she is rebellious. Who is the rebellious wife? The rebellious wife is the one who elevates herself above her husband and disobeys him in what she is obligated to obey him in. This is the rebellious wife. Or she obeys him but reluctantly and with complaint. If he orders her to do something, she gets up, stretches out, and sleeps. If he says something to her, she says, "If Allah wills, we will wake up early, be patient a little," and the like. This is a rebellious wife. If she did so, it is because she must provide him with what is obligatory with openness and satisfaction, just as he must provide her with what is obligatory for her in the same way.
The important point is that zakat al-fitr is not obligatory for a rebellious wife on her husband. Why? Because maintenance is not obligatory for her. Now, and it is not obligatory for a rebellious wife.
How can you disbelieve in Allah when you were lifeless and He brought you to life
كَيْفَ تَكْفُرُونَ بِاللَّهِ وَكُنْتُمْ أَمْواتاً فَأَحْياكُمْOne of you is gathered in the womb of his mother for forty days, then he becomes a clot for the same period, then he becomes a lump of flesh for the same period, then an angel is sent to him, who breathes into him the soul and is commanded with four words: to write his provision, his lifespan, his deeds, and whether he will be wretched or happy.
إن أحدكم يُجمع خلقه في بطن أمه أربعين يوما، ثم يكون علقة مثل ذلك، ثم يكون مضغة مثل ذلك، ثم يُرسل إليه الملك، فينفخ فيه الروح، ويؤمر بأربع كلمات بكتب رزقه، وأجله، وعمله، وشقي أم سعيدAnd his statement "it is recommended on behalf of the fetus": they cited as evidence a report narrated from Uthman (may Allah be pleased with him) that he gave alms on behalf of the fetus. Otherwise, there is no Sunnah in this. But we must know that Uthman (may Allah be pleased with him) is one of the Rightly Guided Caliphs whom we were commanded to follow their Sunnah. So if no Sunnah is reported from the Prophet (peace and blessings be upon him) that contradicts what the Caliphs established, then their Sunnah is Shari'ah. And by this, we know that the first Adhan on Friday is a Sunnah, established by the Prophet (peace and blessings be upon him), based on his statement:
You must therefore follow my sunna and that of the rightly guided Caliphs
عليكم بسنّتي وسنّة الخلفاء الراشدينThen he said: "And it is not obligatory for a rebellious wife" This is based on the fact that it is obligatory for a person to give alms on behalf of those he maintains. So if a woman is rebellious, maintenance is not obligatory for her, and zakat al-fitr is not obligatory for her husband on her behalf because she is rebellious. Who is the rebellious wife? The rebellious wife is the one who elevates herself above her husband and disobeys him in what she is obligated to obey him in. This is the rebellious wife. Or she obeys him but reluctantly and with complaint. If he orders her to do something, she gets up, stretches out, and sleeps. If he says something to her, she says, "If Allah wills, we will wake up early, be patient a little," and the like. This is a rebellious wife. If she did so, it is because she must provide him with what is obligatory with openness and satisfaction, just as he must provide her with what is obligatory for her in the same way.
The important point is that zakat al-fitr is not obligatory for a rebellious wife on her husband. Why? Because maintenance is not obligatory for her. Now, and it is not obligatory for a rebellious wife.