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Transferring of Debt
Question: Ebrahim owes Yusuf R100,000. Ebrahim requests his friend Yaqub (who owes Ebrahim a R100, 000) to take over the debt with Yusuf. Is this allowed?
Answer: Yes, it is permissible to transfer a debt as longer the creditor and the person to whom the debt is transferred both agree. Upon transfer, Yusuf will no longer have a claim against Ebrahim.
الحوالة جائزة بالديون - القدوري ج٢ص٧٣)
And Allah Knows Best
Yusuf Moosagie
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Joining The Imam In Ruku
Question: How should one join the Jamaat Salaah, if one finds the Imam in Ruku?
Answer: One should make the Takbeer Rahrima while standing upright - raise your hands to your earlobes and utter the words “Allahu Akbar” in such a way that you can hear yourself uttering ‘Allahu Akbar’. Thereafter, utter another Takbeer and move into Ruku.
If you meet the Imam in Ruku and stay with the Imam in Ruku for the duration of time in which one Subhanallah can be recited - before the Imam says “Samialla Huliman Hamida” - it will be considered that one has attained that Rakaat of the Salaah.
However, if by the time you come in to Ruku the Imam has already said “Samialla Huliman Hamida” has a then it will be considered that he has not attained that Rakaat. You will complete that Rakaat after the Imam makes Salaam.
And Allah Knows Best
Yusuf Moosagie
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Can An Agent Buy The Item For Himself
Question: Zaid wishes to purchase a specific car. He appoints Bakar as an agent to purchase it on his behalf. Is it permissible for Bakar to purchase the car for himself?
Answer: No, it will not be permissible for Bakar to purchase the car for himself. This will be considered as deceiving Zaid.
وإذا وكله بشراء شيء بعينه فليس له ان يشتريه لنفسه( القدوري ج٢ص ٧٣)
And Allah Knows Best
Yusuf Moosagie
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Deceased or Missing Creditor
DAILY FIQH
Question: What should a person do if he is unable to locate a creditor or the creditor has passed away - how should he fulfil the debt?
Answer: If the creditor has passed away, hand the payment over to his heirs. If you cannot find his heirs, give the amount of money you owed in charity and make the Niyaat that you giving it on it on his behalf. [Mahmoodiya 16 / 439 Aap Ke Masa’il 6/ 163]
And Allah Knows Best
Yusuf Moosagie
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