Q. May I ask whether it is permissible to seek medical advice and assistance in order to get a baby son. My wife and I differ on this issue.
Muhammad
A. Your wife’s attitude suggests total acceptance of whatever God determines. This reflects a high degree of faith, on which she must be complemented. A person who accepts whatever comes from God is a good believer. May God make us all such good believers.
Having said that, I should add that there is nothing wrong with praying God to accomplish whatever purpose we have, provided that it does not constitute disobedience to God. Indeed, the Prophet (peace be upon him) describes praying to God to accomplish what we wish, desire or need as “the essence of worship”. This is due to the fact that when we supplicate, seeking God’s help in achieving our purpose, we acknowledge our weakness and His power. Therefore, He has promised to answer all sincere prayers. However, He either answers a prayer as it is, or by giving us something better for us, or He may defer granting our wish until the Day of Judgment when He gives us much more. He says in the Qur’an: “Your Lord says, ‘Pray Me and I will answer your prayers.’” (40: 60)
This means there is nothing wrong with praying God to give us a son, or a daughter, or whatever else we wish and desire, provided always that we do not pray Him to give us anything He has forbidden. Nor is there anything wrong with taking measures to accomplish any legitimate purpose. Indeed, part of the system God has established in this life is to make effects attendant on their causes. He has made this as part of accomplishing His will. So, when we take measures to heat our home on a cold day, the effect that results from such measures, i.e. heating the house, is done by God’s will, even though it is we who took the necessary measures, without which the house would have remained cold. If we give a newborn child the full course of vaccinations recommended by the health authorities, we give the child immunity against childhood diseases. This is done by God’s will, although it is the mother who took the baby to the health center for vaccination, and a nurse gave him the necessary shots.
What we have to understand is that God’s will is free, and although He has established the law of cause and effect, He is able to suspend it, or bring about some other law that influences the results of any particular cause. Whether He chooses to do so or not is entirely up to Him.
To relate this principle to the reader’s question we say that it is perfectly permissible to take measures to have another child, and to increase the chances of making that child a boy, if such measures exist, provided that they do not contravene Islamic principles, teachings and values. However, to the best of my knowledge, no technique has been established to be effective in determining the sex of any pregnancy that takes place naturally. Genetic engineering scientists continue to work on perfecting different techniques in the field of human reproduction, but determining the sex of a pregnancy is still a long way away. Besides there are many ethical issues involved. Hence, a Muslim is advised not to resort to such techniques until sufficient information is known about them so as to enable scholars to give them a ruling of permissibility or otherwise. In the meantime, my advice to my reader is to accept what God has given him. If he wants more children, he may certainly pray to God to give him as many as he wants, and of the sex he wishes, but apart from this, he is advised to do nothing.
Zakah Arrears
Q. I bought a piece of land five years ago on a commercial basis, with the intention of building some shops to offer for rent, or to sell it when the price is right. Am I liable to pay zakah for this land although it has generated no income since purchase? If so, at what rate, and how often? I also bought a shop that is not yet completed by the builder and I have not taken possession of it yet, but I paid most of its price two years ago. Is this liable to zakah?
M. Salim
A. What is important to understand is that zakah is payable on any money which, by nature, is liable to grow. The piece of land the reader bought fits this perfectly, whether he eventually decides to build these shops or to sell it as it is. He knows that as it lies unused, its price is appreciating, because this is the nature of real estate in our times. Had he realized at any time that keeping it as it is for this length of time would mean a net loss, he would not have left it in his possession undeveloped. Besides, his intention is clear: This is a business transaction. Hence, it is liable to zakah.
Zakah is an annual act of worship, and the reader must pay it every year on its due date. If he falls short of payment for one year, or more, he must fulfill his duty straightaway, without any further delay, because his liability remains due, as a preferred debt. Since none of us can tell whether we will be alive tomorrow, one cannot leave a debt owing to God unpaid for any length of time. Therefore, he must pay his zakah liability for the last five years now, as well as any further arrears he may owe, and continue to pay his zakah every year on his zakah date. For this piece of land, the amount payable is the market value of the land on his zakah date every year. Suppose he bought the piece of land for 10,000 riyals, and on his first zakah date it had appreciated by 10 percent, and again by 5 percent the following year, and a further 2 percent the third year, he pays his zakah on 11,000 the first year, 11,550 the second year and 11,780 the third year. Suppose the year after that its value drops, he calculates that drop and pays zakah on the lesser amount. All calculations are at the rate of 2.5 percent each year.
As for the shop, again the question is whether in these two years it was marketable or not. If he could not sell it for any price, pending its completion, or if he could sell at a heavy loss, then it would not be liable to zakah. But if it could have realized its purchase price at any time, and his intention is to rent it or sell it at profit, then it is liable to zakah, again at its market value at the rate of 2.5 percent. On the other hand, if he is building it to use it as a shop where he would have his business, then it is not liable to zakah. Zakah will become due when he starts his business, according to the rules concerning zakah on commercial enterprise.