Author: jknfatawa1

Fasting Whilst Breathing in Steam

jknfatawa1 Fasting

13th May 2015

السلام عليكم و رحمة الله و بركاته

Question: If a person breathes in steam does that invalidate the fast?

 

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to your first query, breathing in steam in a place where it is generally avoidable for instance, placing a towel over the head and breathing vaporized steam from a hot bucket of water invalidates the fast. Otherwise, occasions, where it is generally unavoidable e.g. when taking a shower and steam travels up the nose into the body, then this does not invalidate the fast.[1]

The general principle to remember is that being in a condition or place where the intention is to inhale steam (or smoke) that is easily avoidable will invalidate the fast. If this is not the case, that the intention is not to breath and the steam involuntarily passes through the tract of the nose then the fast does not break.

 

[Allāh Knows Best]

 

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

 

 

[1] Durrul Mukhtar

(أَوْ دَخَلَ حَلْقَهُ غُبَارٌ أَوْ ذُبَابٌ أَوْ دُخَانٌ) وَلَوْ ذَاكِرًا اسْتِحْسَانًا لِعَدَمِ إمْكَانِ التَّحَرُّزِ عَنْهُ، وَمُفَادُهُ أَنَّهُ لَوْ أَدْخَلَ حَلْقَهُ الدُّخَانَ أَفْطَرَ أَيَّ دُخَانٍ كَانَ وَلَوْ عُودًا أَوْ عَنْبَرًا لَهُ ذَاكِرًا لِإِمْكَانِ التَّحَرُّزِ عَنْهُ

Ibn Abideen As-Shaami, p.366 vol 3

(قَوْلُهُ: لِعَدَمِ إمْكَانِ التَّحَرُّزِ عَنْهُ) فَأَشْبَهَ الْغُبَارَ وَالدُّخَانَ لِدُخُولِهِمَا مِنْ الْأَنْفِ إذَا أَطْبَقَ الْفَمَ كَمَا فِي الْفَتْحِ، وَهَذَا يُفِيدُ أَنَّهُ إذَا وَجَدَ بُدًّا مِنْ تَعَاطِي مَا يُدْخِلُ غُبَارَهُ فِي حَلْقِهِ أَفْسَدَ لَوْ فَعَلَ شُرُنْبُلَالِيَّةٌ (قَوْلُهُ: وَمُفَادُهُ) أَيْ مُفَادُ قَوْلِهِ دَخَلَ أَيْ بِنَفْسِهِ بِلَا صُنْعٍ مِنْهُ (قَوْلُهُ: أَنَّهُ لَوْ أَدْخَلَ حَلْقَهُ الدُّخَانَ) أَيْ بِأَيِّ صُورَةٍ كَانَ الْإِدْخَالُ، حَتَّى لَوْ تَبَخَّرَ بِبَخُورٍ وَآوَاهُ إلَى نَفَسِهِ وَاشْتَمَّهُ ذَاكِرًا لِصَوْمِهِ أَفْطَرَ لِإِمْكَانِ التَّحَرُّزِ عَنْهُ

الفتاوی الہندیۃ، کتاب الصوم، فِيمَا يُفْسِدُ وَمَا لَا يُفْسِدُ، جلد ۱، ص۲۰۳

وَلَوْ دَخَلَ حَلْقَهُ غُبَارُ الطَّاحُونَةِ أَوْ طَعْمُ الْأَدْوِيَةِ أَوْ غُبَارُ الْهَرْسِ، وَأَشْبَاهُهُ أَوْ الدُّخَانُ أَوْ مَا سَطَعَ مِنْ غُبَارِ التُّرَابِ بِالرِّيحِ أَوْ بِحَوَافِرِ الدَّوَابِّ، وَأَشْبَاهِ ذَلِكَ لَمْ يُفْطِرْهُ كَذَا فِي السِّرَاجِ الْوَهَّاجِ.

 

Breaking Fast when Travelling

jknfatawa1 Fasting

13th May 2015

السلام عليكم و رحمة الله و بركاته

Question. The Holy Qur’ān gives the concession for a traveler not to fast during Ramadhān. Does this apply to a fasting person who initiates his journey after Subhu Sādiq and during his journey breaks his Fast deliberately? Would such an individual become sinful or not? In addition to Qadhā, is Kaffarah necessary?

 

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

According to the Hanafi School, the concession for a Musāfir (traveler) not to fast applies only if the person in question was became a Musāfir at Subhu Sādiq (the beginning time of Fajr when fast begins) time.  In the aforementioned case, the fasting person was a Muqeem (resident) during Subhu Sādiq, thus was not permitted to break the fast without a valid reason. If he ended up breaking his fast deliberately however after initiating the journey during the day (i.e. after Subhu Sadiq) then only Qadhā is necessary and not Kaffarah. If he decided to intentionally break his fast at home before starting his journey then both Qadhā and Kaffarah become necessary.[1]

 

 

 [Allāh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

 

[1] Fatawa Hindiyyah, Kitabus Sawm, p.227, vol 1

(الْبَابُ الْخَامِسُ فِي الْأَعْذَارِ الَّتِي تُبِيحُ الْإِفْطَارَ) . (مِنْهَا السَّفَرُ) الَّذِي يُبِيحُ الْفِطْرَ وَهُوَ لَيْسَ بِعُذْرٍ فِي الْيَوْمِ الَّذِي أَنْشَأَ السَّفَرَ فِيهِ كَذَا فِي الْغِيَاثِيَّةِ. فَلَوْ سَافَرَ نَهَارًا لَا يُبَاحُ لَهُ الْفِطْرُ فِي ذَلِكَ الْيَوْمِ، وَإِنْ أَفْطَرَ لَا كَفَّارَةَ عَلَيْهِ بِخِلَافِ مَا لَوْ أَفْطَرَ ثُمَّ سَافَرَ كَذَا فِي مُحِيطِ السَّرَخْسِيِّ

Hijamah (Cupping) Insurance

jknfatawa1 Miscellaneous , ,

30th April 2015

 

السلام عليكم و رحمة الله و بركاته

Question: Is it permissible to have public liability insurance when doing Hijamah (cupping) on others? This is in case if someone makes a wrongful claim against you.

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to your query, all forms of insurance schemes fall under the scheme of qimar (gambling) which is categorically forbidden in the Qur’an and the Sunnah. However, only those types of insurances are permitted which are either required by law or there is a genuine necessity depending on the circumstances, for instance car insurance and those similar to it. Such insurances have been Islamically permitted due to the rule of dharoorat and Hajat (extreme necessity – fulfilling their respective conditions).

As far as complementary therapy, such as cupping, insurance for public liability is concerned, firstly this is not a legal requirement by law but only in case if a patient wants to take legal action against the therapist. Secondly, therapist experts generally consider cupping as a safe treatment, when done properly that is so to cleanse and enhance the blood circulation. So long as the therapist knows what he is doing, the chances of the patient’s health falling at risk is very slim. Thus, insurance cannot be considered as a general necessity (dharorat or Hajat) in this case.

In conclusion, there is no Islamic legitimacy in applying for public liability insurance for cupping therapy due to the fact that it is part of Qimar scheme and not considered a genuine necessity, hence must be avoided.

 [Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

Reviling against Abu Bakar

jknfatawa1 Belief

20th April 2015

Question:

What is the ruling regarding an individual who believes that Sayyidunā Abu Bakr radhiyallahu anhu (God forbid) became an apostate after the demise of the Holy Prophet sallallahu alayhi wasallam does Such a person remain a Muslim?

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

To accuse Sayyiduna Abu Bakr As-Sideeq radhiyallahu anhu of apostasy after the demise of the Holy Prophet sallallahu alayhi wasallam is a clear infringement of the fundamentals of the Islamic creed. When the Noble Qur’an refers to him as the Prophet’s companion (during the incident of the cave) then accusing him of apostasy is a clear rejection of the verse. This is a clear rejection of his status of sahabiyyat which is tantamount to disbelief.[1] He, therefore, falls outside the fold of Islām and must renew his faith and make sincere tawbah.  

[Allāh Knows Best]

[1] Imām Razi, Mafateehul Ghaib, vol 16, p. 51 commentary of the verse [9:40)

وَالْوَجْهُ السَّادِسُ: أَنَّهُ تَعَالَى وَصَفَ أَبَا بَكْرٍ بِكَوْنِهِ صَاحِبًا لِلرَّسُولِ وَذَلِكَ يَدُلُّ عَلَى كَمَالِ الْفَضْلِ. قَالَ الْحُسَيْنُ بْنُ فُضَيْلٍ الْبَجَلِيُّ: مَنْ أَنْكَرَ أَنْ يَكُونَ أَبُو بَكْرٍ صَاحِبَ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ كَانَ كَافِرًا، لِأَنَّ الْأُمَّةَ مُجْمِعَةٌ عَلَى أَنَّ الْمُرَادَ مِنْ إِذْ يَقُولُ لِصاحِبِهِ هُوَ أَبُو بَكْرٍ، وَذَلِكَ يَدُلُّ عَلَى أَنَّ اللَّهَ تَعَالَى وَصَفَهُ بِكَوْنِهِ صَاحِبًا لَهُ

 

Dry Cleaners

jknfatawa1 Purity

23rd March 2015

السلام عليكم و رحمة الله و بركاته

Question:  Does dry cleaning procedure purify impure stains on the clothes?

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to your query, dry cleaning is a process of cleaning clothes through the use of chemical detergents known as solvents before drying. In dry cleaning, giving the apparent impression of no usage of any liquid, clothes are actually washed in solvent liquid before being jet steamed or pressed with an iron. The dry cleaning method is used to clean delicate fabrics clothes that are unable to withstand normal washing machines that could potentially damage the clothes. The procedure is that dry cleaners place the clothes into a huge rotating dry cleaning drum (similar but bigger than the standard washing machine). Solvent chemicals are then added in which the clothes are washed to a certain temperature. During the process, the solvent passes through a filtering tank and then poured back into the drum for distillation to remove any impurities on the clothes. After the washing cycle, the clothes are then dried in the same chamber before they are taken out and thereafter, steamed and pressed. The solvent is recycled and refined before every wash of new batch of clothes.

From the Islamic viewpoint, to use anything that is pure and has the capacity to remove impurity from the clothes whether it is water or any other liquid substance is permissible. The jurists state a person’s clothes becomes pure if he uses vinegar to remove an impure stain because it is a detergent substance.[1] The similar case can be applied to the solvent chemicals used in dry cleaning also in that, the clothes become pure if the effect of the impure stain, i.e. colour or smell, don’t remain on to the clothes.                

 [Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

[1] Haskafi, Durrul Mukhtar Kitabut Taharat, Babul Anjas p. 46

يَجُوزُ رَفْعُ نَجَاسَةٍ حَقِيقِيَّةٍ عَنْ مَحَلِّهَا) وَلَوْ إنَاءً أَوْ مَأْكُولًا عُلِمَ مَحَلُّهَا أَوْ لَا (بِمَاءٍ لَوْ مُسْتَعْمَلًا) بِهِ يُفْتَى (وَبِكُلِّ مَائِعٍ طَاهِرٍ قَالِعٍ) لِلنَّجَاسَةِ يَنْعَصِرُ بِالْعَصْرِ (كَخَلٍّ وَمَاءِ وَرْدٍ) حَتَّى الرِّيقُ

Ibn Nujaym, Bahr Raiq Kitabut Taharat, Babul Anjas, vol 1, p.384

(قَوْلُهُ: وَبِمَائِعٍ مُزِيلٍ كَالْخَلِّ وَمَاءِ الْوَرْدِ) قِيَاسًا عَلَى إزَالَتِهَا بِالْمَاءِ بِنَاءً عَلَى أَنَّ الطَّهَارَةَ بِالْمَاءِ مَعْلُولَةٌ بِعِلَّةِ كَوْنِهِ قَالِعًا لِتِلْكَ النَّجَاسَةِ وَالْمَائِعُ قَالِعٌ فَهُوَ مُحَصِّلُ ذَلِكَ الْمَقْصُودِ فَتَحْصُلُ بِهِ الطَّهَارَةُ

Estate Distribution Between Two Wives, Six Sons and Five Daughters

jknfatawa1 Inheritance

17th March 2015

السلام عليكم و رحمة الله و بركاته

Question: My father died leaving behind two wives and 6 sons and 5 daughters. Kindly inform us how his estate will be distributed Islamically.

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In view of the existing members you mentioned, the estate will be distributed according to the below Islamic guidelines after fulfilling of all funeral expenses, clearing all outstanding debts and executing one-third of the deceased’s wealth (in the case he made one). Note that the wife’s share will be allocated first and the residue will be distributed between his children. View the table below

 

Beneficiaries Share
Wife 1 1/8th (divided between both wives equally)
Wife 2
   
Children 17 Shares
Son 1 2
Son 2 2
Son 3 2
Son 4 2
Son 5 2
Son 6 2
Daughter 1 1
Daughter 2 1
Daughter 3 1
Daughter 4 1
Daughter 5 1

 

After subtracting 1/8th of the total estate for the wives, the residue amount will be divided by 17 shares for the children; each son inheriting double the share of a daughter, so to give you each person’s Shar’ee entitlement in cash.

 

[Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

Disciplining Children For Neglecting Salāh

jknfatawa1 Lawful & Unlawful
Disciplining Children For Neglecting Salāh

10th March 2015

السلام عليكم و رحمة الله و بركاته

Question: Is it permissible to discipline a child below or after the age of seven through hitting if they refuse to pray Salāh?

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

It must be made clear that Islām is a religion of mercy and compassion and abhors physical abuse towards children. It however allows reasonable disciplining of children for open disobedience and neglecting an obligatory act when they reach to a certain age. The famous Hadeeth in which the Messenger of Allāh sallallahu alayhi wasallam said, “Instruct your children to perform Salāh when they reach seven years of age and discipline them at the age of ten if they refuse,” does not allow hitting the child at the age of seven but apparently suggests hitting at the age of ten and above for refusing to pray Salāh. At this age, children begin maturing in their understanding of what’s right and wrong as opposed to when they are seven years of age. So him refusing to pray Salāh is tantamount to rebelling against Allāh’s Divine command which is a major sin in itself. This often happens when the importance of Salāh is not embedded in them at an early age nor parents themselves punctually pray Salāh themselves. Based on the hadeeth though, hitting children below the age of ten for not praying Salāh is not permitted.

It must be remembered that hitting was prescribed merely as a deterrent due to its effectiveness at the time otherwise any kind of discipline that proves effective without resorting to hitting is permissible. The Hadeeth should therefore not be adopted in its literal sense. Resorting to hitting instantly is not the solution in this day and age and best avoided as much as possible. Caution is necessary when disciplining so not to create deep resentment in the child. Children should be taught with compassion and love the rules and method of Salāh in the primary years so to reduce the chances of such disciplinary measures.

[Allãh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

Medical Tatoo

jknfatawa1 Medical
Medical Tatoo

2nd February 2015

السلام عليكم و رحمة الله و بركاته

Question: I have a pigmentation on my face due to having vitiligo as a child. At present I cover it with makeup but I perform Wudu without removing it. I have been wanting to have medical tattooing done on it so it would match the colour of my skin but I am unsure if this is possible. I would be grateful if this question can be answered for me so it is clear if it is possible for me to get done. Thank you

 

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

Medical tattooing is a process of inserting hypo-allergenic pigments cream over the skin. It involves colour tattooing to match the colour of the skin, commonly known as skin camouflaging. This process is used to treat skin disorder such as white patches on skin, like vitiligo and other impairments such as skin burns and grafts, scarring and so on. In applying skin camouflage creams (like pigment cream) on to the skin, it helps the white patches blend in with the rest of the skin. The creams used match the natural skin colour. If patches appear on any visible parts of the body such as face, pigment cream enhances the physical appearance by reducing the appearance of the patches, burns, scars and so on. However, according to reliable experts, the application of the cream is not permanent hence, the colour of the cream eventually fades away resurfacing the patches, scars and burns.[1]

Depending on the extent of the patches on your face, I would advise you to consult your local GP whether they recommend it to you or not for medical reasons such as,  psychological distress which is effecting your daily life  due to its obvious exposure.

From an Islamic viewpoint, you must ensure that the substance applied to cover the patches allows water to penetrate through to the skin. It is essential for the water to reach the skin during wudhu and fardh ghusl, otherwise the Salāh performed in that state becomes invalid.[2] If the substance is penetrable for water and the doctor advises you to undergo such treatment then Islamically there is no harm. If it is not penetrable (or contains impure ingredients) then you must avoid it altogether and use alternative penetrable substances to cover the patches on the face.

 

[Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

 

[1]Further information on vitiligo treatment and medical tattooing procedure can be obtained by clicking on to the following links. When contacting the clinic on the following links, it is worth inquiring whether the substance contains impure ingredients or not. In the case it does then it should be avoided altogether and use pure and penetrable alternative substance.

http://www.anesis.co.uk/clinic/non-surgical/medical-tattooing/

http://www.medicaltattoosystems.com/the-equipment/

http://www.nhs.uk/Conditions/Vitiligo/Pages/Introduction.aspx

[2] Fatawa Hindiyyah, Book of Taharat, chapter on Wudhu, vol 1, p.6

فِي فَتَاوَى مَا وَرَاءَ النَّهْرِ إنْ بَقِيَ مِنْ مَوْضِعِ الْوُضُوءِ قَدْرُ رَأْسِ إبْرَةٍ أَوْ لَزِقَ بِأَصْلِ ظُفْرِهِ طِينٌ يَابِسٌ أَوْ رَطْبٌ لَمْ يَجُزْ وَإِنْ تَلَطَّخَ يَدُهُ بِخَمِيرٍ أَوْ حِنَّاءٍ جَازَ

 

Giving Jahaiz

jknfatawa1 Marriage
Giving Jahaiz

19th January 2015

السلام عليكم و رحمة الله و بركاته

Question: Could you please highlight the issue regarding the Holy Prophet sallallahu alayhi wasallam giving Hadya (gift) to Sayyidunā Ali radhiyallahu anhu at the time of Sayyidah Fātima’s radhiyallahu anha wedding?

 

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to your question, the closest Hadeeth to your request is the report where the Messenger of Allāh sallallahu alayhi wasallam prepared (jahaza) for Sayyidah Fātima radhiyallahu anha (at the time of her marriage with Sayyidunā Ali radhiyallahu anhu and relocating them to their new accommodation) a bed sheet, pitcher and a cushion filled with leaves.[1] There is no clear mentioning of giving any gifts directly to Sayyidunā Ali radhiyallahu anhu.

Some have described this as jahaiz where the bride’s parents give some supplementary gifts when giving their daughter away in marriage. With the exception of Sayyidah Fātima radhiyallahu anha, there is no sound report where the Messenger of Allāh sallallahu alayhi wasallam did the same with his other daughters at the time of their marriage. This establishes that it was not his regular habit to do such a thing and moreover, the jahaiz for Sayyidah Fātima radhiyallahu anha and her husband were, in fact, their basic essentials because jahaiz comes from the root word ja-ha-za which means preparing one’s essentials.

So, albeit giving jahaiz at the time of giving one’s daughter away in marriage is not an emphasised Sunnah, there is no harm in gifting items generally without extravagance or coercion from anyone. The above Hadeeth cannot be used as evidence to make it an emphasised tradition nor to justify modern-day extravagance in gifts during wedding ceremonies.

           

[Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

[1] Sunnan Nasai, Chapter on man giving Jihaz to his daughter Hadeeth No:3384

عَنْ عَلِيٍّ، رَضِيَ اللَّهُ عَنْهُ قَالَ: «جَهَّزَ رَسُولُ اللَّهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ فَاطِمَةَ فِي خَمِيلٍ وَقِرْبَةٍ وَوِسَادَةٍ حَشْوُهَا إِذْخِرٌ

When Does one’s Watnul Iqāmah Become Invalid?

jknfatawa1 Salah

6th January 2015

                                                                       

السلام عليكم و رحمة الله و بركاته

Question: We have an Imām in our local Masjid who is employed on a temporary basis since January 2013 and he has always been so to date. He lives in Oldham and the Masjid is in Enfield approximately 200 miles distance. At first, he used to accumulate his days off and would take them every 4 to 5 week (which qualifies him a Muqeem since he is residing at this destination more than 15 days). He would go to Oldham to his family for 3 to 4 days for his break and then return. The situation now is that since last Ramadān 2014, occasionally he has been taking his days off after every 8-12 days of his return from Oldham and would go back for his break for 2-3 days. Some people are saying this Imām, leading the prayer will not be valid because is categorised as a Musafir (traveller) we would be very grateful if you can provide us with clarification on this matter.

 

الجواب حامداً و مصلياً

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to the aforementioned scenario, the person in question who has been employed as a full-time Imām in Enfield and travels to his home town, Oldham to visit his family after 8-12 days and thereafter returns back to Enfield for his Imāmat duty, still qualifies as a Muqeem. Enfield can be treated as his Watnul Iqāmah (temporary settlement), thus he is permitted to lead the local residents in Salāh.

This is due to his frequent attendance to his Imāmat duty which is essential for him. According to the general principle, Watnul Iqāmah becomes invalid by travelling a distance of 48 miles or more.[1] This is conditional but generally understood to apply in those instances where the Muqeem departs from his Watnul Iqāmah with no intention of returning because all of his needs are fulfilled. The great Hanafi jurist, Allāmah Kāsani rahimahullah explains this point that a person’s Watnul Iqāmah is his temporary abode which he resides in due to a certain necessity and once his needs are fulfilled, he does not intend to return to that same destination and inevitably abandons his Watnul Iqāmah completely. [2] This suggests that Watnul Iqāmah does not become invalid even if a person initiates journey from it covering a distance more than 48 miles with the intention of returning (frequently) due to personal necessities. Such necessities include family residing there, personal belongings, work and so forth. Such Watan falls similar to his permanent residence.

Him sojourning to Enfield for his Imāmat duty and leaving his personal belongings behind when travelling to Oldham indicates that he has not abandoned this place completely. Therefore, Enfield will remain as his Watnul Iqāmah even if he stays there less than 15 days and permitted to lead the congregational Salāh.

                  

[Allãh Knows Best]

 

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

 

 

[1] Fatawa Hindiyyah, Book of Salah, babul Khamis fi Salatil Musafir, vol p.157

(وَوَطَنُ الْإِقَامَةِ يَبْطُلُ بِوَطَنِ الْإِقَامَةِ وَبِإِنْشَاءِ السَّفَرِ وَبِالْوَطَنِ الْأَصْلِيِّ)

[2] Kasān, Badā’i Sanāi, Kitābus Salāh, Fasl fi Bayani ma Yaseerul Musafir bihi Muqeeman, vol 1, p.498

وَوَطَنُ الْإِقَامَةِ يُنْتَقَضُ بِالْوَطَنِ الْأَصْلِيِّ؛ لِأَنَّهُ فَوْقَهُ، وَبِوَطَنِ الْإِقَامَةِ أَيْضًا؛ لِأَنَّهُ مِثْلُهُ، وَالشَّيْءُ يَجُوزُ أَنْ يُنْسَخَ بِمِثْلِهِ، وَيُنْتَقَضُ بِالسَّفَرِ أَيْضًا؛ لِأَنَّ تَوَطُّنَهُ فِي هَذَا الْمَقَامِ لَيْسَ لِلْقَرَارِ وَلَكِنْ لِحَاجَةٍ، فَإِذَا سَافَرَ مِنْهُ يُسْتَدَلُّ بِهِ عَلَى قَضَاءِ حَاجَتِهِ فَصَارَ مُعْرِضًا عَنْ التَّوَطُّنِ بِهِ، فَصَارَ نَاقِضًا لَهُ دَلَالَةً