Q : 1.) One of the items I sell [in tijaarat] is black dye for use by men. Before selling it I had asked a Mufti and an Alim locally, and they said it was permissible and halal ...
Daruliftaa.Camperdown
Question
1.) One of the items I sell [in tijaarat] is black dye for use by men. Before selling it I had asked a Mufti and an Alim locally, and they said it was permissible and halal since if black dye is done for one's wife or because of premature aging [whitening of hair] its permissible. But I recently read your fatwa saying that black dyes are not permissible for men. Based on that - please advise if selling black dye is impermissible or even if it is against taqwa [no daleel required - your answer is more than enough]. What should I do with the revenue that has been earned, I do not have an account of how many black dyes sold - should I make an estimate in the coming days of what percentage of black dye orders I get and multiply it by the years I've sold it and dispose of it in sadaqah without intention of reward? Please advise.
2.) If a women dies and leaves only her husband behind who inherits half her estate since the women has no relatives to inherit, no asabah, no zawil arhaam, etc. - so much so it becomes a masala or "radd" and goes back to zawil-furoodh. In that case since the husband is not eligible to receive it because the zawjain are excluded from the radd then to whom does the rest of the estate go if she did not give wasiyyat and there is no baytul maal exisiting?
3.) The hadith narrated by Imam Bukhari in Adab al-Mufrad: Abu Hurayra reported that the Prophet, may Allah bless him and grant him peace, said, "There are four dinars: a dinar which you give to a poor person, a dinar you give to free a slave, a dinar you spend in the Way of Allah, and a dinar which you spend on your family. The best of them is the dinar which you spend on your family." To what extent is spending on the family greater than spending on a poor person or other avenues? If a man has provided his family with all the necessities and a few luxuries from time to time (toys, outings, etc) would he still merit more reward for spending more and more lavishly on his family or should he then take care of the other avenues of spending?
Answer
In the name of Allāh, Most Gracious, Most Merciful
Assalamu Alaykum Warahmatullahi Wabarakatuh
1) May Allah Ta’ala grant you even more barakah in your business for being so scrupulous and meticulous in your muāmalāt (business dealings). Such concern is a sign of taqwā (piety); may Allah Ta’ala through His immense grace and mercy endow and enhance us with true Taqwā, allow us to pass away upon true taqwā and raise us among the muttaqīn (pious), Āmīn.
There are two aspects to black dyes:
a) The usage of black dye
b) The sale of black dye
The ruling for both of these are variant and do not impact the other. Black dye is totally forbidden for men and only permissible for women in dire circumstances as you have mentioned. Despite this, the prohibition in the usage does not affect the legitimacy nor taint the sale in any way; there is no problem in selling this dye. The income obtained thus far is totally in order. Yes, if you know that the dye is primarily and chiefly been used by Muslim men, then as a matter of consideration, you may abstain from selling this product.
2) The entire amount will be given to the husband in the absence of a baytul maal.
(Ashbāh Wan-Nazāir, Kaza Fi Hashiyatis Siraji Fil Miraath Pg.4, Al-Misbāh)
3) The hadith quoted is recorded in Sahīh Muslim with a slight variation. The commentator of Sahīh Muslim, Imām Nawawi þ, as well as Ibnul Malik þ say that Rasulullah r, by means of this statement (merely) wished to stress the importance and immense reward acquired through spending in the three avenues, mentioned first, and most importantly the fourth avenue, spending upon ones immediate family and relatives.
(Sahīh Muslim V.1, Pg.322, Qadīmī)
The importance given to spending upon ones family (‘Iyāl) in this hadith is because it is compulsory upon a guardian to ensure that his wife and children’s basic requirements are seeing to. Additionally, if ones parents are poor, then here too, he will have to compulsorily provide for them also. Therefore, the mentioned hadith serves to stress the importance of fulfilling these incumbent rights and in no way serves as a blanket ruling that, spending on one’s family is the only avenue for utilising one’s wealth.
Once the basic necessities of the immediate family have been seen to, and the obligation absolved, we are in fact, morally duty bound to spend in other avenues, such as the poor, orphans, widows, the handicap, etc. where too he will also be rewarded.
Yes, additional to the family’s basic requirements, if one spends on them, as long as it does not entail extravagance and wastage, etc. he will also be rewarded. The reward for this additional spending will be of two fold, one is for an optional charity and the other is for enhancing the mutual tie and bond family members usually have. There is no doubt that the additional amount spent, over and above that which is required, on any person, whether it be the employees, the purchasing from a poor businessmen on the street who struggles to make ‘ends meet’, etc. this engenders further love, compassion, and respect amongst one another.
The crux of the matter is that, while spending to alleviate and discharge the basic necessities of one’s family, we should never overlook needy persons and avenues beyond, who also require our financial assistance. Also, whilst ‘dishing out’ and displaying magnanimity on others, this should never entail us been negligent to the financial obligation we owe to our near and dear ones.
(Fathul Mulhim Vol.5, Pg.53, Darul Qalam - Damascus)
Again, we aplogise for the late response but if you require further clarity on any of the above issues, please feel free to communicate this to the Darul Ifta.
And Allāh Ta῾āla Knows
Best
Wassalāmu ῾alaykum
Ml. Zeyad Danka,
Student Dārul Iftā
Checked
and Approved by:
Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah
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