Q.1. Is it appropriate to offer a greeting to the dead if one passes by a graveyard? Will they hear what we say?

Q.2. Surah 9 does not start with the normal sentence, “In the name of God the Merciful the Beneficent.” Is it acceptable that we say this sentence if we read a part of this surah which does not start at the beginning?

A.M. Masood

A.1. It is the recommended practice that when we pass by a graveyard to say a greeting. The greeting the Prophet used was: Assalamu alaikum, Dar qawmin mumineen. Antum al-sabiqoon wa nahnu al-lahiqoon. This translates as: ‘Peace be to you, the dwelling place of believers. You have gone before us and we are certain to come to you.’ As you see, the greeting, which is recommended to be followed by a prayer for the dead requesting God to have mercy on them, is a reminder to ourselves that we will certainly have the same end.

This reminder is important all the time, because it encourages us to do what is good and to refrain from what incurs God’s displeasure.

The dead will not hear what we say to them. Certainly their bodies will not survive, and none of their senses continues to function as they used to function when they were alive. However, God conveys our greeting to their souls and they appreciate our greetings and reply to them. How this is done is not known to us because we do not know about the soul except what God has chosen to tell us.

A.2. Certainly surah 9 does not start with the normal sentence which stresses God’s mercy and compassion. The reason for this is that this surah clarifies the issues with the unbelievers and the hypocrites, and regulates relations with them. It also warns them against God’s severe punishment. Thus, its subject matter does not fit with giving mercy and compassion to people who deny God altogether, or profess to believe in Him when they know that they do not.

Therefore, it is forbidden to start this surah with the wording Bismillah Al-Rahman Al-Raheem, because then we will be adding to the Qur’an what is not part of it. If we start our recitation at a point in the middle of the surah, then scholars say that it is permissible to start with this sentence. However, some scholars prefer not to say this sentence wherever we start in surah 9. I feel that this view is the weightier one.

Inheritance or Gift

Q.1. A woman dies leaving behind her husband, four daughters and one son. Can the husband give his share of the inheritance to his son who needs it, or must he divide it between all children?

Q.2. We gave our zakah to a brother of ours who is poor. The next day he brought gifts for our children. When he saw that we were uneasy about it, he said that he paid for them from his own earnings.

Ayesha

A.1. When a person dies, he or she no longer has any say concerning their property, apart from what is left by will. The estate is divided according to the Islamic system of inheritance, which in this case means that the husband takes a share of one-quarter and the rest is divided among the woman’s five children on the basis of one share to each daughter and two shares to her son. This means that the three-quarters share is divided into six portions, giving one portion to each daughter and two portions to the woman’s son.

If the woman’s husband decides to give his share to their son only, then he is making a gift of his share to his son. This comes under giving one child something without giving the others similar gifts. This is what the Prophet has warned against, describing it as injustice and refusing to have anything to do with it, not even witnessing it. If the husband does not want to have his share and wants to pass it on to his children, then he must maintain justice between them, giving them all equal shares.

A.2. Perhaps your brother was too sensitive to accept zakah but he did not want to embarrass you and, therefore, brought these gifts to your children. It might have been better not to tell him that what you gave him was zakah. Some people are sensitive in this area.

However, the two things are separate. Your children may take these gifts. If you feel uneasy, then let the matter cool down for a while and then give him or his wife or children a gift, making sure that it comes on a particular occasion so that he would not try to return it.

Arab News Islam 4 April 2003