Nur al-Idah: The Chapter Of Fasting (With Commentary) [1]

The Reality (Definition) Of Fasting

Fasting is to abstain during the day from allowing anything to enter into the stomach through the mouth, nose, or cavity in the body, whether intentionally or by mistake; or that which has the same legal status of the stomach such as the brain. [2]

In addition, fasting is to abstain from sexual gratification; [3] and one' s abstention from eating, drinking or sexual gratification is to be in unison with the intention of fasting. [4]

Equally, this abstention is to be froom a person who fits the criteria for fasting, such as being Muslim, sane, mature, and free from menstrual bleeding and postnatal bleeding.

Note: with respect to the intention (which is knowing in one's heart that one will fast that day), it is rare that one would fast without an intention. In the exceptional case that one does not intend the fast overnight, then one may still do so up to the time just prior to midday.

Notes

[1] Lexically, fasting is to refrain - whether it is refraining from speaking, actions, eating, drinking or from other things. The legal definition of fasting is given above.

[2] For example: if a person suffers an injury and he places medicine upon it; the fast is void if the medicine penetrates the cavity and enters the body.

[3] Such as sexual intercourse or to emit sexual discharge due to foreplay.

[4] The intention of fasting is to have a firm resolve in one's heart upon the act in order to distinguish one act from another. And to make one's intention with the tongue is not conditional. Furthermore, the intention is required regardless of the type of fast, such as the obligatory, wajib, voluntary; even the inake-up fast [qada].

Al-Ikhtiyar states: that the intention of fasting is a stipulation, and it is to know in one's heart that one will fast. It is not conditional that the intention be affirmed on the tongue; and there is no disagreement concerning the beginning of the time of intention, which is when the sun sets; though they disagree concerning its end time. Imam Zufar رحمه الله said, "The intention is not conditional for the resident of sound health, because the time is specified, such that no other act of fasting is accepted in that period except Ramadan. Therefore, if one refrains from that which the law has commanded, then it fulfils the obligation of Ramadan." We say, "It is an act of worship that cannot be valid without an intention, just like all the other acts of worship; and because the Prophet (صلى الله عليه وسلم) said, "Actions are by intentions"; and also because refraining from eating, drinking or sexual gratification may be the normal habit or routine for many people; or it may a remedy for the sick or it may be a diet for those who exercise. The only way to specify this is with an intention, such as one does when rising for prayer."

As for the permissibility of allowing the intention of fasting to be formed all the way up to midday prior to the sun reaching its peak, we say that Ibn Abbas رضي الله عنهما reported that the people awoke on the day of uncertainty. A bedouin came and said, "I have sighted the moon." The Prophet صلى الله عليه وسلم asked him, "Do you testify that there is no god except Allah and that I am the Messenger of Allah?" He replied, "Yes." The Prophet صلى الله عليه وسلم said, "Allah is great, one Muslim is enough for the Muslims." He then began the fast and ordered others to fast. He ordered a caller who called, "Those who have eaten should not eat for the remainder of the day and he who has not eaten is to fast." [Abu Dawud 2340 / at-Tirmidhi 691 / an-Nasa'i fil Mujtaba vol. 3, 132 / Ibn Majah 1602. Ibn Khuzayma authenticated the hadith 1924 / Ibn Habban 3446] [Al-Ikhtiyar 181-183]

The Cause Which Obligates Ramadaan

The cause, which obligates the fasting of Ramadan, is one's presence in the time that is correct to fast, (this therefore excludes the night). And the arrival of each day of Ramadan is a reason obligating one to fast that particular day. We said earlier with respect to prayer, that when the prayer time arrives, one is obligated to pray. Likewise, the arrival of the month of Ramadan is a cause obligating one to fast its month, and each day is a cause for the fast of that day. Thus, the month of Ramadan is a general cause, while each day is the cause for the fast of that day. Al-Ikhtiyar states; "The intention of fasting is condition for each day, because each day is a day of worship one by one. Does one not see that if one ruins a day of the fasting, that it does not prevent the rest of the days from being correct?" [1]

Additionally, if a person matured or embraced Islam during Ramadan, then he is required to fast that which remains of that day and the rest of Ramadan and not what has passed. [2]

Notes

[1] Al-Ikhtiyar 182
[2] Maraky al-Falah 356

Its Ruling And The Conditions That Render It Obligatory

It is obligatory to perform the current Ramadan as well as making up an unperformed Ramadan which was missed, provided one meets four conditions, and they are;

Islam, sanity and maturity. One must be Muslim, for the verses of Quran and hadith with respect to Ramadan are aimed at Muslims. Also, fasting is not compulsory upon an insane person or one who has not attained maturity.

To have knowledge that it is obligatory is required by law. This is therefore a condition for those who accept Islam on enemy land where there is little likelihood in knowing the requirements. One who lacks this knowledge on enemy land is not obliged to fast provided he became Muslim in that place. However, one may become aware of this obligation by being informed by two upright Muslims, though the two companions maintained that it is not a condition that they be upright. In contrast, a person being on Muslim land makes Ramadan obligatory because ignorance is no excuse for him in this situation.

Conditions That Obligate One To Fast Ramadaan

The conditions that make it obligatory to fast Ramadan are; to be free from ill health [1], menstrual periods or postnatal bleeding and to be a resident. If one is travelling, then fasting is not compulsory, though if it is achievable, then it is better to undertake its performance.

Notes

[1] The law requires that one be of sound health. If one is ill, then he is permitted to break the fast and make up the day when he recovers.

The Conditions That Validate The Fasting Of Ramadaan

The conditions that validate the fasting of Ramadan are three; they are, a) the intention, b) to be free from anything that is contrary to fasting, such as menstrual periods or postnatal bleeding and c) to be free from all things that break the fast.

It is not a condition to be free from sexual discharge. This means that a person may have had unconscious discharge while sleeping, or one may have had intercourse prior to dawn and did not remove the filth until after dawn. This discharge that remains on the body or clothes until after the dawn arrives does not affect the fast.

The Pillar Of Fasting

The pillar of fasting is to abstain from the desire for food, sexual intercourse and that which has the same legal status of both, such as medicine entering the body through a deep cut.

The Outcome Of Fasting

The legal consequence that is derived from fasting is: the compulsory obligation that one is obliged to perform is cleared. And the individual is rewarded in the hereafter, by the will of Allah سبحانه و تعالى and Allah knows best.

The Types Of Fasts And The Description Of Each Type

Fasting is divided into six types;

1- Obligatory [fard]
2- Necessary [wajib]
3- Sunna
4- Recommended [desirable]
5- Voluntary [nafl],
6- Disliked

1- As for the obligatory fasts, they are, i) the fasting of the current Ramadan or an unperformed Ramadan, ii) expiation fasts [kaffarah] which a person must perform should he violate certain rules during Ramadan, and iii) nidhr, which is the fast one vows to perform, and this is according to the evident view due to the saying of Allah [Then let them abide by their vows]. [1]

2- As for the wajib type of fast, it is the voluntary fast that was ruined (meaning, if a person begins to observe a voluntary fast and thereafter breaks it, then it becomes necessary to make up as an act of worship).

3- As for the sunna type, it is the day of Ashura (which is the 10th day of Muharram) induding the 9th. The Prophet صلى الله عليه وسلم sent a person on the morning of Ashura to the villages of Ansar around Medina (with the following message): He who got up in the morning fasting (without eating anything) should complete his fast and he who had breakfast in the morning, should complete the rest of the day (without food). The Companions رضي الله عنهم said; We henceforth observed that. [2]

4- The recommended fast is the fasting of three days of every month. And it is desirable to perform these days in the white days of every lunar month, which is the 13th, 14th and 15th. They are named the white days at that time, because the light of the moon is strongest and the brightest as Abu Dawud narrated [The Prophet صلى الله عليه وسلم would order us to fast the three white (days) of 13th, 14th and 15th. The Prophet صلى الله عليه وسلم said, "This is like keeping perpetual fasts." [3]

It is recommended to fast on the Mondays and Thursdays of each week. The Prophet صلى الله عليه وسلم said [The works of the servants are presented to Allah سبحانه و تعالى on Monday and Thursday, so I like that when my works are presented, I am observing fast]. [4]

It is recommended to fast six days of the month of Shawwal, and it has been said that these six days are to be fasted consecutively (immediately following Eid al-Fitr), though it has also been said that the six days can be fasted intermittently.

The Prophet صلى الله عليه وسلم said [He who observed the fast of Ramadan and followed it with six (fasts) of Shawwal, it would be as if he fasted perpetually]. [5]

Meaning, Allah سبحانه و تعالى multiples good by ten times thus by fasting thirty days of Ramadan it comes to three hundred, and fasting the six says of Shawwal brings a reward of sixty days. Thus, fasting for thirty-six days equals to fasting the entire year. There is some difference of opinion among the jurists whether fasting for six days successively, immediately after Eid al-Fitr is superior to fasting six days randomly throughout the month of Shawwal. Imam Shafi'i رحمه الله, Imam Ahmad رحمه الله and Imam Abu Dawud رحمه الله hold the view as six consecutive days.

It is recommended to fast any day which is established as being mentioned by the Prophet صلى الله عليه وسلم and one which the sunna promises reward for, such as the fasting of Prophet Dawood عليه السلام in which he would alternate his days by fasting one day and breaking the next. This is the best fasting and the most beloved to Allah سبحانه و تعالى as the Prophet صلى الله عليه وسلم said [Fast one day and break the other day. That is known as the fasting of Dawood عليه السلام and that is the best fasting]. [6]

5- As for voluntary fast, it is that which is not mentioned in the above categories, provided it is not established as a day that is disliked to fast. Meaning, if it is established that there is no dislike in fasting on a particular day, then there is no harm in undertaking its performance.

6- As for that which is disliked, there are two types. The first is somewhat disliked and the second is prohibitively disliked.

The first type (which is somewhat disliked), is fasting the day of Ashura alone (10 th of Muharram) without joining with it the 9th of Muharram. Ibn Abbas رضي الله عنهما said; When the Prophet صلى الله عليه وسلم fasted the day of Ashura and commanded us to fast on it, they (the Companions رضي الله عنهم) said; "Apostle of Allah صلى الله عليه وسلم, this is a day which is considered great by the Jews and Christians." The Apostle of Allah صلى الله عليه وسلم said, "When the next year comes, we shall fast on the 9th of Muharram." But the next year the Apostle of Allah صلى الله عليه وسلم breathed his last. [7] This indicates that one is to fast the 9th and 10th of Muharram.

The second type of fast that is prohibitively disliked [makrooh tahreem], is the fasting on the day of Eid al-Fitr, Eid al-Adha and the days of tashreeq, which are the 11th, 12th and 13th from the month of Dhul-Hijjah. Abu 'Ubaid رحمه الله, the freed slave of Ibn Azhar رحمه الله reported; I performed Eid along with Umar Ibn al-Khattab رضي الله عنه. He came out in an open space and prayed and after completing it addressed the people and said; "The Messenger of Allah صلى الله عليه وسلم has forbidden fast on these two days. One is the day of Fitr and the second one, the day when you eat (the meat) of your sacrifices." [8]

It is disliked to single out Friday alone for a day of fasting, unless it coincides with one's regular days of fasting or unless one connects the Friday with the previous day or day after. The Prophet صلى الله عليه وسلم said [Do not single out Friday among days for fasting unless one among you is accustomed to fast (on days) which coincide with this (Friday)]. [9]

The Prophet صلى الله عليه وسلم said [None of you must fast on a Friday unless he fasts the day before or after]. [9]

It is disliked to single out Saturday for a day of fasting unless one connects the Saturday with the day before or after it, or unless it coincides with one's regular days of fasting.

It is disliked to fast on the day which is celebrated by Persians; and the day celebrated by atheists (i.e. the first day of autumn), unless these coincide with one's regular days of fasting.

It is disliked to perform continuous (uninterrupted) days of fasting, even if it is only for two days; and the description of this is; on the first day of fasting, one does not break his fast after the sunset until he has fasted the next day and reached its night. Ibn Umar رضي الله عنهما said that the Prophet صلى الله عليه وسلم forbade continuous uninterrupted fasting. They (some Companions رضي الله عنهم) said, 'You yourself fast uninterrupted,' whereupon the Prophet صلى الله عليه وسلم said, "I am not like you. I am fed and supplied drink (by Allah سبحانه و تعالى) during the night." [11]

Commentators are of the view that the observance of uninterrupted fasts was the special prerogative of the Prophet صلى الله عليه وسلم.

It is disliked to fast for one's entire life (that is, every day for the majority of one' s life) for the reason that one will become weak and the fasting will become a routine in which the purpose of fasting is lost.

Notes

[1] al-Hajj, 29
[2] Muslim, 1135
[3] Abu Dawud 2443
[4] At-Tirmidhi, the Book of Fasting 747
[5] Muslim 1164
[6] Muslim 1159
[7] Abu Dawud 2439
[8] Muslim 1137
[9] Muslim 1144
[10] Abu Dawud 2414
[11] Bukhari 1961

The Types Of Fast That Require One To Be Specific In The Intention Prior To Dawn; And When It Is Not Conditional

Note: there are several types of fasting where a person is required to be specific in his intention - and to make the intention at night prior to dawn. There are also other types where this specification is not required.

The Fasting That Does Not Require A Person To Be Specific In The Intention, Nor To Form The Intention At Night (Prior To Dawn)

As for the type of fasting for which it is not conditional to be specific in the intention, nor to make the intention at night prior to dawn is when;

1- One is fasting the month of Ramadan; for indeed, the fast is valid if the intention is made during the night itself (from sunset) until a short period before the noontime. Hence, it is not a condition to be specific in the intention, nor to make it at night prior to dawn.

2- It is not a condition when one has vowed to fast a specific day. This means, if a person has vowed to fast on a particular day, he is not required to be specific in the intention, nor to make it at night when that day arrives. For example, on Monday, one vowed to fast on Thursday. Therefore, on Thursday it is not a requirement to be specific in the intention, nor to form the intention prior to dawn. The fast is valid with an intention made during the period, which is from sunset the previous night until just before midday.

3- Likewise, it is not a condition for voluntary fasts (nafl).

These three types of fast [1] are valid if one makes the intention during the night itself up to a short time before midday. And the description of this period midday is from the break of dawn until the time before the sun reaches its peak This means it is valid to make the intention for the above types of fast from any time from sunset the night before - up to thc midday of the actual day of fasting (prior to the sun's zenith).

Ummul Mu'mineen Aa'ishah رضي الله عنها reported, The Prophet صلى الله عليه وسلم came to me one day and said, "Is there anything with you to eat!?" I said 'no'. Thereupon he said, "I shall then be fasting." [2]

These three types of fasts are also valid with a general (unspecified) intention of fasting or an intention of a voluntary fast, even if the person (who intends them) is a traveller or sick, and this is the most correct opinion.

Meaning, if any person whether he is a traveller or sick person forms a general intention without specifying the kind of fast to be observed or an intention for a voluntary fast during Ramadan, then it counts as Ramadan. The reason this is permissible is because Ramadan is already in a fixed time and therefore does not need to be specified and according to the Sacred law; no one can perform other fasts during Ramadan, except the fasts of Ramadan. In the principles of fiqh, this is termed Wajib Mudayyiq. This also applies to a vowed fast which one has specified with respect to its timing. For example; a person who vowed to fast on Monday can intend this day as a voluntary fast and the vow of fasting that day is thereby achieved through this intention. This is because the day has previously been specified, and for this reason one is permitted to have a general or voluntary intention. [3]

It is valid to fast the month of Ramadan with the intention of performing another wajib fast, though the wajib fast is not valid. And this rule applies only to one of sound health or a resident, though contrary to the traveller for the reason that Ramadan is not compulsory on the traveller, which means if he intends a wajib fast, such as a vow fast, then whatever he intends of the wajib fast is accepted and not Ramadan, as is one narration from Imam Abu Hanifa رحمه الله. Though the two Companions (Imam Muhammad Ibn al-Hasan رحمه الله and Imam Abu Yusuf رحمه الله) maintained that it is Ramadan that is accepted.

There is difference of opinion amongst the scholars about the sick person who intends another wajib fast during his fasting of Ramadan, (whether the wajib fast is accepted, or whether it counts as Ramadan). Shams al-A'imma رحمه الله stated that the soundest view is, 'It is regarded as Ramadan and not a wajib fast,' and this is reiterated in the book al-Burhan. Though Imam Hasan رحمه الله stated that whatever one intended is what is accepted, and this view was opted by the author of al-Hidaya. [4]

A promised fast which is specified with respect to its timing, such as on particular day is considered unfulfilled if one performs the fast on that day with a different wajib intention. Verily, what is accepted is the different wajib intention intended on the day. Meaning, if a person vowed to fast a specific day, and upon arrival of that day, this person performed the fast intending a different wajib fast then what is accepted is the latter, while the original specified fast remains a debt which must still be fulfilled.

Notes

[1] That is, a) Ramadan, b) a vowed fast which is specified for a particular time and c) nafl.
[2] Muslim 1154
[3] Maraky al-Falah 362
[4] Maraky al-Falah 363

The Fasting That Requires One's Intention To Be Specific, And To Form It The Previous Night

As for the second type, it is a condition to be specific in the intention (for the fast to be offered) the previous night prior to dawn. This is required,

1- When one is making up an unperformed Ramadan (that is, qada).

2- When one is making up a ruined voluntary fast, (that is, the qada of nafl).

3- When one is performing the expiation fasts (kaffarah), as well all the other types of expiation fasts such as the expiation of breaking an oath.

4- It is also conditional when one vows to fast in a general way, such as the saying "If Allah alleviates my illness, then I will fast a day" and thereafter he regains good health. Hence, when this person decides to honour this day, he is required to be specific in his intention and make it the previous night prior to dawn.

Sighting The Moon And Fasting On The Day of Doubt

Establishing The Moon Of Ramadaan

Ramadan is established when the moon is sighted. And if the moon is not visible, the people are to complete the month of Sha'ban as thirty days and then begin fasting. The Prophet صلى الله عليه وسلم said [Fast when you see it, and break your fast when you see it and if the weather is cloudy, calculate it (i.e. the month of Sha'ban) as thirty days]. [1]

Note: The lunar months consist of either twenty-nine days or thirty days. If the sky is clear, the people begin and end fasting with the sighting of the new moon and if the sky is overcast then they have been instructed to complete thirty days of Sha'ban and thereafter begin the fasting.

Notes

[1] Muslim, 1080

The Day Of Doubt (Uncertainty) [Yawmush Shakk]

The day of doubt is the day after the twenty-ninth day of the month of Sha'ban. Due to overcast conditions that have concealed the moon on this doubtful day, there is an equal measure of knowledge and ignorance with respect to the reality of the situation.

It is disliked to fast during this day except a voluntary fast that one is firm about with no wavering (in the intention) between it and between other fasts. Hence, the intention of a voluntary fast must be firm with no wavering or hesitation. The Prophet صلى الله عليه وسلم said [The day of doubt is not to be performed as a fast on the belief that it is Ramadan, rather it is observed as a voluntary fast]. [1]

If it appears that this day is from Ramadan, then one's voluntary fast suffices for that of Ramadan. In other words, what one fasted is valid for that of Ramadan.

Note, this issue has several variations.

First, if a person forms the intention of Ramadan, it is disliked. Though if it becomes evident that it is from Ramadan, then his fast is valid (as that of Ramadan) because he witnessed the moon and maintained the fast. If it becomes clear that it is still the month of Sha'ban, then his fast is regarded as a voluntary one.

Second, if a person forms an intention of another wajib fast, it is also disliked, except that this dislike is lesser than the first case. If it then becomes evident that this day is from Ramadan, then his fast is valid (as that of Ramadan) due to existence of the basic intention. If it appears that it is the day of Sha'ban, then it is regarded for him as a voluntary fast.

Third, a person may form the intention for a voluntary fast, and there is no dislike about this on the basis of the hadith.

Fourth, one can make the intention itself conditional, in that he will form the intention if it is Ramadan, but he will not if it is from Sha'ban. With this type, he is not deemed as a person who is fasting because he is not decisive in forming his intention.

Fifth, is that he makes the intention conditional regarding its details, in that he will form the intention to fast if the next day is Ramadan, and if it is from Sha'ban, then he will fast on account of another wajib fast. This is disliked due to indecision between two conditions that are both disliked. If this day appears as Ramadan, then, his fast is valid because he was unwavering in the structure of the intention itself. If however, it turns out to be from Sha'ban, then his fasting of another wajib is not valid. [2]

If one is hesitant upon the day of doubt between fasting and breaking fast, then he is ruled as not fasting, such as the saying, "If it is Ramadan, then I am fasting and if it is not, then I am not fasting," and the reason one is ruled as not fasting is because he is not decisive in his intention. And if it later appears that the day is from Ramadan, then one is required to make up the day.

It is disliked to fast a day or two at the end of the month of Sha'ban. Though it is not disliked to fast more than two days. The Prophet صلى الله عليه وسلم said [Do not fast for a day or two ahead of Ramadan except a person who is in that habit of observing a particular fast and he fasted on that day]. [3]

The reason is that there should be a clear distinction between the two types of fasts.

On the day of doubt, the mufti orders the people to wait (without the intention of fasting). Afterwards, when the time for intention expires and the day did not appear as that of Ramadan, the mufti orders the people to break the fast.

Though the mufti, judge and the elite are to fast during this day of doubt (as a voluntary fast); and the elite are those able to control themselves from wavering in their intention and able to differentiate their voluntary fast from the obligatory one.

Notes

[1] Al-Zayla'i vol, 2, 440
[2] Al-Hidayah 129-130
[3] Muslim 1082

The Ruling Upon One Who Sights The Moon Of Ramadaan

Whoever sees the moon of Ramadan alone, yet his statement is rejected by the judge, he is required to fast on his own, for Allah سبحانه و تعالى said [So whomever witnessed the month of Ramadan, must fast]. [1]

Though if one sees the moon of Eid al-Fitr alone and his statement is rejected, he is not permitted to break his fast even if he is sure he has seen the moon of Shawwal.

And if a person breaks fast in both these situations (i.e. when witnessing the moon for the month of Ramadan and the month of Shawwal) then he is to make up the days, though he is not liable for expiation (kaffarah) even if he broke his fast before the judge had rejected his statements, and this is the correct view.

Notes

[1] al-Baqarah, 185

Verification Of The Moon If There Is An Obstruction In The Sky

If there is an obstruction in the sky, such as clouds or dust, the imam is to accept the testimony of a single upright witness or one whose situation is unknown, and this is the correct view. And the imam is also to accept the news (of the sighting) even if someone else of similar status to the witness - testifies based on what the witness told him. For example, an upright person named 'X' sees the moon. He then informs another upright person named 'Y' about what he saw. Person 'Y' then goes to the judge and informs him that person 'X' witnessed the moon, and this is accepted. Person 'Y' also needs to be of equal status to person 'X', such that if person 'X' is upright, then person 'Y' is required tp be upright - and this is the meaning of the words (of similar status to the witness).

And the testimony of the single upright witness or one whose situation is unknown, is accepted even if such a person is a female, slave, or one who has repented after being punished for accusing others of sexual acts. And it is not a condition for such a person to utter the words of the shahada as to what he witnessed (which is "I bear witness that...") and neither is it conditional for one to be subjected to legal proceedings or commissions. We therefore accept his news without legal proceedings, or commissions, because he is informing about something, he is not giving legal testimony in court. [1]

[Al-Hidayah states: The imam is to accept the test imony of a single person who is in possession of moral probity, for the sighting of the moon, whether such person is a man or woman, a free man or a slave]. Furthermore, if one sees the moon, he is required to inform about this in-front of the judge in the same night if he is in the city. If he resides in a small town (and is an upright person), then he is to inform about it between the people regarding what he saw or do so in the mosque and they are to fast according to his testimony. [2]

If the sky is obstructed for Eid al-Fitr, it is conditional for the imam to have the testimony from two free men or from one free man and two free women and it is conditional that they say the words of the shahada (when they inform about what they witnessed, such as "I bear witnness... ") though they are not to be subject to legal proceedings or commissions.

Notes

[1] Hence, the news of the sighting is accepted without commissions where the judge presides over the case hearing arguments and counter claims and so forth. Such a thing is not stipulated. Furthermore, such legal proceedings or commissions are also not stipulated in other matters of law, such as the freeing of a slave.

[2] Maraky al-Falah 369

Verification Of The Moon If There Is No Obstruction In The Sky

If there is no obstruction in the sky for Ramadan or Eid al-Fitr, then the testimony of a large gathering is required. Imam Abu Yusuf رحمه الله says fifty people are considered as being a large gathering. However, the determination of a large gathering is entrusted to the opinion of the imam (meaning, the imam will determine what a large gathering is) and this is the correct view.

If the people begin Ramadan based on the testimony of a single person, and then they complete thirty days of fasting and thereafter no one sees the moon of Eid al- Fitr even though the sky is clear, it is not permitted for them to cease fasting (which is the view agreed upon in the Madhhab. This means that the person who first witnessed the moon of Rainadan was mistaken, and that it was not Ramadan. Hence, they are to fast this day).

Scholars differed in that if Ramadan is established based on the wi tnessing of two upright persons (and then thirty days are completed and yet no one sees the moon for Eid al-Fitr even though the sky is clear); do they fast another day? Or do they celebrate Eid al-Fitr? Some in the Madhhab maintain that they are to break their fast and celebrate Eid as held in ad-Darayya, al-Khilasa and al-Bazaziyya.

However, others maintain that they are to remain fasting given that the moon was not seen in a clear sky, which indicates their mistake. Their testimony therefore (i.e. of the two witnesses) becomes invalid. [1]

Though there is no disagreement that the people are permitted to cease fasting if the sky is obstructed upon completion of thirty days, even if Ramadan is established on the testimony of a single person.

And the moon of Eid al-Adha takes the same ruling as Eid al-Fitr.

Notes

[1] Maraky al-Falah 370

Establishing The Remainder Of The Months

It is conditional in establishing the remainder of the months; the testimony of two upright men (or one man and two free women) and these individuals must not have previously been punished for making false accusations of sexual intercourse against others.

Note: This judgement applies when there is an obstruction in the sky; for if there is no obstruction a large gathering is required. [1]

Note

[1] Maraky al-Falah 370

The Ruling Of Seeing The Moon From Different Places


If the sighting of the moon is confirmed in a region, it is necessary upon all the people in all the other regions to adhere to this sighting, and they must fast accordingly. This is the most evident view in the Madhhab and the fatwa issued is in accordance with this view and one in which the majority of the scholars have maintained. Therefore, the people of one region (or city) who fast 29 days would be required to make-up a day if the people of another region fasted 30 days with their sighting of the moon. This is because the Prophet's صلى الله عليه وسلم words "Fast when you see the moon" are general and inclusive of all Muslims.

[Ibn Abideen رحمه الله in his Hashia states:] The different regions are not taken into consideration according to the evident view in the school; a view which the majority maintain and the fatwa coincides with. Therefore, the people of the west are to act in accordance with the sighting of the people of the east.

[The explanation provided in al-Hashia states:] The disagreement with respect to the different regions means, is it necessary for each region to consider only what they see in their region and not be required to act in accordance with other regions; or do they disregard other regions and act according to the first sighting (to the extent that if it is seen in the east on Friday night and in the west on Saturday night, are those of the west required to act in accordance with the sighting of the people of the east?).

One view maintains that each region takes its own ruling as held by az-Zayla'i and the author of al-Fayd. It is also the sound view in the Shafi'ee school. However, the most evident opinion, which is relied upon in the Hanafi, Maliki and Hanbali schools is the latter view (that the first sighting is a sighting for all Muslims) on the basis of the words of the Prophet صلى الله عليه وسلم "Fast when you see it." [1]

Muhammad Ali Sabuni in his Tafseer Ayat al-Ahkam explains whether or not different regions are disregarded or accepted. He says: "The Hanafi, Maliki and Hanbali schools maintain that the different regions are disregarded; so that if the moon is seen in one country (or region), then it becomes necessary on the rest of the regions in the world to fast or break the fast. This is because the Messenger's صلى الله عليه وسلم words "Fast when you see it and brcak your fast when you see it" includes the entire nation [ummah] of Muhammad صلى الله عليه وسلم. So whoever sees it in any place, then that sighting is a sighting for all Muslims. [He adds] The Shafi'ee school maintains that each region that is far from the other takes its own ruling and the sighting of one does not count for the other." [2]

The Shawaafi' hold that if the moon is confirmed in one district, then people of the surrounding districts are required to fast if they are close. Such closeness is determined as being less than twenty four faaakh. [3]

As for those far away, they are not required to fast on the basis that the regions differ. [4]

Moreover, it is worth noting that Ummul Mu'mineen 'Aa'isha رضي الله عنها said, "The breaking of the fast for each nation is the day their group breaks their fast and the sacrifice [adha] of each nation is the day their group sacrifices." [5]

Abu 'Isa explained that some of the people of knowledge explained this hadith by saying that it means that the fast and the breaking of the fast is done with the group and the masses of the people.

If the moon is sighted during the day (whether it is before noon or after noon time), it is disregarded and is considered as belonging to the following night, i.e. the ruling of that day does not change, for the Prophet صلى الله عليه وسلم said [Fast when you see it] clearly indicating that one must first see the moon prior to fasting and what is understood from this, is sighting the moon at night according to the Companions رضي الله عنهم and the Tabi'een رحمة الله عليهم and those after them. And this is the opted view on the matter.

Notes

[1] Radd al-Muhtar, Vol 3/364 l Third Edition, Dar al-Kutub al-'Ilmiyya Beirut.

[2] Tafsir Ayat al-Ahkam Vol 1/ 196

[3] Note: one farsakh is equivalent to three miles. Therefore, twenty four farsakh is equal to seventy two miles. [Ibrahim as-Salkini 129]

[4] Kitab al-Fiqh 'Ala al-Madhaahib al-Arba'a, Abdur-Rahman al Jaziri رحمه الله
500

[5] Talha رضي الله عنه reported it from Ummul Mu'mineen 'Aa'isha رضي الله عنها in Al-Musnad from Imam Abu Hanifa رحمه الله from Ali رحمه الله from Al-Ahmar رحمه الله from
Masrooq رحمه الله who said... [Al-Ikhtiyar Vol 1/186] The same was mentioned by at-Tirmidhi, 697

That Which Does Not Nulify The Fast

There are generally twenty-four things that do not nullify fasting:

Eating, drinking or having sexual intercourse forgetfully, does not break the fast. The Prophet صلى الله عليه وسلم said [If anyone of you forgetfully eats or drinks (while observing fast) he should complete his fasting, for Allah سبحانه و تعالى has fed him and given him to drink]. [1]

If one has the ability to fast, yet he forgetfully eats or drinks, then he is to be reminded of fasting by onlookers, and failure to remind him is disliked. If on the other hand this person appears to have no strength or ability to fast, then it is better not to remind him.

If a person has an orgasm because of looking or thinking about the sexual area of a female, it does not break the fast, even if one stared or thought about it for a while. And the reason fasting is not void is because there is no intercourse and not even a picture or form resembling it. The Prophet صلى الله عليه وسلم said [Three things do not break a person's fast; vomit, cupping and discharge]. [2]

Applying oil to the body does not break the fast. Likewise, the application of eyeliner (kohl) does not break the fast even if the taste appears in the throat, and even if the colour appears in the saliva, because Ummul Mu'mineen 'Aa'ishah رضي الله عنها narrated that the Prophet صلى الله عليه وسلم applied eyeliner (kohl) while he was fasting. [3]

If one is subjected to cupping, the fast is not broken [because The Prophet صلى الله عليه وسلم was cupped whilst he was muhrim and while fasting]. [4]

Note: There is a hadith attributed to the Prophet صلى الله عليه وسلم that he said [The cupper and the one who is subjected to cupping, breaks their fast], the meaning here is that they lose their reward, not that their fast is broken. [5]

If a person backbites, the fast does not break. The hadith which is attributed to the Prophet صلى الله عليه وسلم when he was passing by two men, one was being cupped and the other was the cupper and they were backbiting another person, thereupon the Prophet صلى الله عليه وسلم said, "That their fast is broken." This means that they have lost their rewards for fasting. [6]

If one intends to break his fast, but does not do so, then he has not broken his fast because the person did not undertake the action.

If smoke enters the throat unintentionally, the fast does not break for the reason that is was unintentional and therefore unavoidable.

Likewise, if dust, even the dust of flour, or a fly or the taste of medicine accidentally enters the throat while one remembers he is fasting, then he has not nullified his fast. Note: one may have had medicine prior to dawn and the taste lingered in the mouth until long after dawn.

If one awakens in the state of sexual impurity (janaba) [due to a sexual dream or sexual intercourse before dawn] the fast does not break, even if one remains in this state for the entire day or many days. Ummul Mu'mineen 'Aa'ishah رضي الله عنها said [The Apostle of Allah صلى الله عليه وسلم would be overtaken by the dawn when he was in a state of major ritual impurity when he was fasting]. [7]

If water or medicinal oil is poured in the opening of the penis, the fast remains sound according to Imam Abu Hanifa رحمه الله and Imam Muhammad رحمه الله, though contrary to Imam Abu Yusuf رحمه الله. It is as if Imam Abu Yusuf رحمه الله considers that there is a passage between this opening and a body cavity for which reason urine emerges. Imam Abu Hanifa رحمه الله understands that the bladder provides a barrier between them and urine is pushed out through it. This is something that does not belong to the category of fiqh. The answer is to be given by a medical expert. This is similar to cases that fall under tahqiq al-man'at. [8]

If one enters a river and water enters inside the opening of the ears, the fast does not break.

If a person places a twig in his ear (or an ear bud) and withdraws wax with it and then re-enters the twig back into his ear again, the fast does not break according to the agreement of the scholars, because this wax or general dirt does not reach the brain.

If nasal mucus enters the nasal passage and is sniffed back into the throat and swallowed on purpose, the fast remains sound.

The mucus (or phlegm) of the throat must be expelled so that it does not break the fast according to the saying of Imam Shafi'ee رحمه الله, for the reason that a person has the ability to emit it from the mouth.

If one inadvertently vomits, the fast does not break even if it is a mouthful. This is due to the words of the Prophet صلى الله عليه وسلم who said [If one had a sudden attackof vomiting while one was fasting, no atonement is required of him, bul if he vomits intentionally he must make atonement]; [9]

and likewise if the vomit (that came up) turns back inside unintentionally and is a mouthful, the fast is not broken according to the most correct view held by Imam Muhammad رحمه الله because he is not nourished by this and because it does not resemble the picture of one who is breaking his fast, which is to swallow in the real sense. However, Imam Abu Yusuf رحمه الله says that the fast is void.

Intentionally vomiting less than a mouthful does not break the fast according to the most sound view, even if the vomit that came up goes back inside according to the correct view. This is the opinion held by Imam Abu Yusuf رحمه الله saying that the vomit has not come out legally. On the other hand, Imam Muhammad رحمه الله held that one's fast is nullified if he intentionally vomits less than a mouthful.

If a person swallows the traces of food that remain between his teeth from the pre-dawn meal, it does not break the fast provided it is less than the size of a chickpea. The reason it does not nullify fast is because it is judged as part of the saliva, and this is something of which one is unable to avoid.

Chewing something like sesame that comes from outside the mouth until it melts, does not break the fast provided the taste does not appear in the throat. However, if one swallows a sesame that comes from outside the mouth, then his fast is broken according to Imam Muhammad.

Note, chewing without letting anything enter the inside and swallowing a sesame that comes from outside the mouth hold two different rulings. The latter breaks the fast while the former does not. If on the other hand one swallows a sesame that was stuck between his teeth, then the fast does not break as mentioned earlier.

Notes

[1] Bukhari, 1933.
[2] At-Tirmidhi and Darqutani. Az-Zayla'i, Vol 2, 446
[3] Ibn Majah, 1678
[4] Bukhari, 1938
[5] Abu Dawud, Ibn Majah and al-Baihaqi
[6] Abu Dawud, Ibn Majah and al-Baihaqi, Maraky al-Falah 372
[7] Abu Dawud, 2382.
[8] Al-Hidayah
[9] Abu Dawud 2374

What Nullifies The Fast Requiring Expiation [1] And A Make-Up Day

There are twenty-two things, which if performed willingly and intentionally without being compelled, results in the termination of the fast and requires a compulsory make-up day and expiation to atone for the violation. They are:

Having intercourse in either of the passageways (vagina or anus) breaks the fast of
both the doer and the receiver of the act and makes them liable for expiation and
qada (to make up the day). This is due to the completion of offence.

Note, the ruling is the same whether one has an orgasm or not because in this case carnal desire is satisfied even without it. Moreover, Imam Shafi'ee رحمه الله restricts the obligation of expiation for intercourse only and not for eating or drinking. [2]

Eating or drinking whether it is for nourishment or for a medidnal benefit (even if it is minimal) breaks the fast and necessitates expiation and a make-up day.

To swallow rain water after it enters the mouth, breaks the fast and necessitates a make-up day and expiation.

Eating raw meat, even if it is damaged requires expiation and a make-up day. Though if the meat is worm infested, it does not necessitate expiation for the reason that there are no nutrients left in the meat of which benefit is derived. [3]

Eating the fat (or grease of meat) nullifies the fast and requires expiation and qada, aad this is the opted view according to Imam Abi Laith رحمه الله.

Eating jerked (or cured) meat breaks the fast and necessitates the penalty of expiation and qada, and this has the agreement of the Hanafi scholars.

Eating a seed of wheat (or chewing it and then eating it), breaks the fast and makes one liable for expiation and a make-up day. Except if the seed is chewed and consequently melts away (leaving no trace in the throat), in which case, the fast does not break and no expiation is necessary. Indeed, because it is such a trivial quantity that by melting away and not appearing in the throat, it sticks to the teeth, which means nothing has entered the stomach.

If one swallows a seed of wheat, sesame or something of the like, things from outside the mouth (meaning they were not stuck between one's teeth and were put in the mouth and swallowed), the fast breaks and one is liable for expiation and a makeup day, and this is the preferred view by the scholars.

Eatiag a beneficial type of soil (known as Armani) nullifies the fast absolutely and necessitates expiation and qada. And it does not matter whether one is in the habit of eating it or not. Note, this tvpe of earth is known to contain some medical benefit. Maraky al-Falah states that this was commonly consumed by pregnant women to gain some benefit and based on this benefit the expiation is necessary. [4]

Eating soil that is non-beneficial, such as dry earth [known as tifil] nullifies the fast, and necessitates expiation provided one is in the habit of eating it. Though if one is not in the habit of eating this kind of soil, then the expiation is not necessitated. [5]

Eating a small amount of salt nullifies the fast and imposes expiation and qada; and this is the opted view on the matter. Note: If the salt swallowed is a lot, the ruling changes in that the fast breaks, but the expiation is not imposed, because the tendency of man is to veer towards having a small amount of salt, not a large one. [6]

Swallowing the saliva of one's wife or friend breaks the fast and atonement is to be observed through expiation. The reason being that one is not repulsed from the saliva of his wife or friend, though if one swallows saliva from other than his wife or friend, then the expiation is not required because in this case it is detested by the one who swallows it.

If a person intentionally eats after backbiting, or (eats) after being subjected to cupping, or after touching his wife, or after kissing with desire, or after sleeping near his wife (touching and kissing her) without ejaculating, or after applying oil on his moustache because he believes that such acts (such as backbiting and cupping) have terminated his fast, then he is liable for expiation and to make up the day.

The exception however (which excuses the expiation) is if he is given a legal ruling by a scholar (who said that such acts do break the fast, such as cupping, which some of the people of hadith regard as a terminator of the fast; and this was his understanding) in which case he is not liable for expiation because according to the offender, he believed he had broken the fast (after cupping and backbiting, and so went ahead and ate) based on the ruling given.

And the other exception is if he had heard the hadith of the Prophet صلى الله عليه وسلم but did not understand its meaning according to the Madhhab, such as [The one who backbites has broken his fast], so he progressed forward and ate based on what he understood, not knowing the meaning given by the Madhhab, then in both cases the expiation is excused. Though if there was no such ruling issued or one did know the meaning of the hadith according to the Madhhab, the expiation is necessary to perform. And whatever the case may be, one is still liable to make up the day.

In summary, if a person intentionally eats after the above mentioned acts, then he is liable for expiation and qada unless an Islamic scholar issued a ruling or the person did not know the correct meaning of a hadith he had heard according to the Madhhab.

If however the person knows the meaning of the hadith he heard (according to the Madhhab) then he is liable for expiation.

Expiation (kaffarah) is wajib upon a female who willingly complied to have sexual intercourse with her husband who was forced to have intercourse with her. Consider the following: an oppressive king forces a man to commit sexual intercourse with his wife during the day in Ramadan and whilst he is forced, she willingly complies without being forced. Thus, the expiation becomes necessary upon her due to the serious crime of compliance and facilitation. Indeed she actualised the crime from her side in facilitating and allowing her husband to perform these actions. Another scenario is, if a woman knows that the dawn time has arrived and yet she allows her husband to have intercourse with her willingly and he has no knowledge of the arrival of dawn.

Notes

[1] There are several actions that if performed during the day of Ramadan, results in the nullification of the fast, a makeup day, and an obligatory expiation in order to atone for the major violation. The expiation consists of freeing a sound slave, though if one one does not have the means to do this, then he must fast two consecutive months. And if one is unable, then the expiation is to feed sixty unfortunate persons twice. In the event that the expiation is not performed, then it remains as an unperformed obligation upon the person concerned

[2] Al-Fiqh al-Islamy, Ibrahim as-Salkini 427
[3] Maraky al-Falah, 376
[4] Maraky al-Falah 376 point 4
[5] Tifil is described as dry earth. Maraky al-Falah 377
[6] Maraky al-Falah 377

The Expiation And That Which Excuses It

Abu Hurairah رضي الله عنه narrated: While we were sitting with the Prophet صلى الله عليه وسلم a man came and said 'O Messenger of Allah صلى الله عليه وسلم! I have been ruined.'

Allah's Messenger صلى الله عليه وسلم asked what was the matter with him.

He replied, 'I had sexual intercourse with my wife while I was observing fast.'

Allah's Messenger صلى الله عليه وسلم asked him, "Can you free a slave?"

He replied in the negative.

Allah's Messenger صلى الله عليه وسلم asked him, "Can you keep fast for two consecutive months?"

He replied in the negative.

The Prophet صلى الله عليه وسلم asked him, "Can you afford to feed sixty poor persons?"

He replied in the negative.

The Prophet صلى الله عليه وسلم kept silent and while we were in this state, a big basket full of dates was brought to the Prophet صلى الله عليه وسلم. He asked "Where is the questioner?"

He replied, 'I am here.'

The Prophet صلى الله عليه وسلم said to him! "Take this basket of dates! and give it in charity."

The man said, 'Should I give it to a person poorer than I? By Allah, there is no family between the two mountains Medina! who are poorer than I.'

The Prophet صلى الله عليه وسلم smiled until his premolar teeth became visible and then said, "Feed your family with it." [1]

If a person violates the rules in the day of Ramadan, then he has made himself liable for expiation, however, the expiation is excused if during that same day a female received her menstrual period or she gave birth and was in the state of postnatal bleeding (nifas) or during that same day the person was afflicted with an illness, one which allows the breaking of the fast. If however a person intentionally makes himself ill such as jumping off a building to injure himself in order to escape from the expiation, then he has not succeeded because he is still liable.

In contrast, the expiation is not excused if one is forced to travel in the same day (after it has already become imposed on him). And this applies even if one travels willingly. This is according to the evident opinion on the matter. For example, if a person indulges in sexual intercourse, then it becomes necessary to perform the expiation. If however, such a person is forcefully taken on travel in that same day or willingly, one remains liable.

Note

[1] al-Bukhari, 1936

The Expiation

The expiation is the freeing of a slave, be it male or female, who is physically and mentally sound, even if the slave is a non-believer. And if one is unable to free a slave, then he is to fast two consecutive months, and these two months must not coincide with the two Eid days or the days of Tashreeq (11th, 12th and 13th of Dhul-Hijjah), for there must be no break between the sixty days, otherwise the expiation will be invalid. If one is unable (to fast for two consecutive months) then the expiation is to feed sixty unfortunate people who are to be treated to lunch and dinner at their respective time, so that they are content.

Note: The sixty people who are treated to lunch must be the same sixty people who are treated to dinner; or the unfortunate persons may be treated to two lunches in two days or two dinners for two nights, i.e. one every night; or they may be treated to dinner and a pre dawn meal.

Note: If one unfortunate person is fed for sixty days, then it is valid, because it is equivalent to sixty people.

It is also permitted to give each poor person half a measure [saa'] of wheat or flour, or one measure [saa'] of dates or barley, or the value equal to the above may be given to each of the sixty persons.

Oae expiation suffices for sexual intercourse committed on many days or for the act of eating on many days throughout Ramadan even though these (offences) are days of Ramadan of two different years. This is provided that the expiation does not fall between two violations (such as sexual intercourse). For example; if one indulges in sexual intercourse on the first day and then immediately after that pays the expiation, should he commit a further violation later, then a separate expiation will have to be given. Therefore, one expiation suffices for multiple violations committed over many years provided no other violation is committed after having paid the expiation.

If however, an expiation has occurred between two acts of sexual intercourse or two acts of eating, then one expiation will not suffice and this is the evident view on the matter as another expiation is required for the second violation.

What Nullifies The Fast Without Requiring Expiation

The following cases do not require expiation [kaffarah] on the basis that the nature of the things that are eaten are such that they contain no nourishment, or they may contain nourishment but there is a valid reason for their consumption. Eating something of this nature would not impose the expiation, although the day must be inade up. Moreover, the act which does not include the completion of desire concerning the genitals holds the same ruling, such as an orgasm due to kissing.

Other examples include the swallowing of paper which does not require the expiation on the basis that originally, it contains no nourishment. Equally, if there is something that is inadequate of being nourishment, such as raw rice or dough that is unmixed with butter, then the expiation is not required, whilst one is only liable for the day. Therefore, the breaking of the fast is not one of nourishment or not one where there is completion of carnal desire regarding the genitals. Additionally, the thing eaten may contain nourishment, though there is a valid reason for its consumption.

There are fifty-seven things that nullify the fast, but do not necessitate the expiation;

If the person fasting eats raw rice, flour, or wheat grain, the fast is nullified although the expiation is not necessitated.

If a person eats a mouthful of salt, he is not liable for expiation for the reason that it is not one's desire to have a mouthful of salt; hence, the circumstances are different.

Eating soil that contains no medical benefit and not being in the habit of eating it, invalidates the fast but does not require the expiation; for the reason that it serves no medical purpose. Though if one was in the habit of eating this non-beneficial earth, the expiation becomes necessary.

Eating the stone of a fruit, cotton or paper, breaks the fast without necessitating the expiation

Eating uncooked quince or raw quince nullifies the fast whereas the expiation is not imposed. Quince is a hard yellow shaped fruit which has to be cooked prior to eating.

Eating a raw walnut does not impose the expiation. If on the other hand one eats a raw almond, then the fast breaks and the expiation is imposed.

Swallowing a pebble, metal, or soil, nullifies the fast while no expiation is necessary.

Taking an enema or pouring drops (of medicine) through the nostrils breaks the fast, whereas the expiation is not required. An enema is generally used when there is a need, thus not requiring expiation.

Note; an enema is having medicine inserted through the anus. However, Imam Abu Yusuf رحمه الله held that taking an enema and pouring snuff through the nostrils or throat requires expiation.

The forceful pouring of something down the throat nullifies the fast, but does not require the expiation. And this is the most correct opinion.

To drip water or oil into the ears nullifies the fast, and this is the soundest view. The fast is invalid because the fluid will inevitably reach the brain through this action, though expiation is not required. The Prophet صلى الله عليه وسلم said [The fast is broken with whatever enters]. [1]

Applying inedicine to a wound of the stomach or head, which then penetrates a cavity reaching the inside of the stomach or brain, nullifies the fast though does not necessitate the expiation.

If rain or snow water enters the throat, and is swallowed by accident, it breaks the fast but does not require the expiation; and this is the most correct opinion.

Note: there is a difference between forgetfulness and accidental. If one swallows forgetfully, the fast does not break.

If one accidenally breaks his fast with the water used for gargling, in that it seeps down one's throat, then expiation is not imposed upon him.

If one is coerced to break his fast even if it is through sexual intercourse, the expiation is not imposed.

If a female is coerced to indulge in sexual intercourse, then the expiation is not imposed on her.

If a married woman or slave breaks her fast for fear of falling ill because of the duties she performs, then the expiation is not required of her, as the fast is ruined due to a valid reason.

If water is poured into the insides of a person who is sleeping, then he is not liable for expiation, though the fast is void.

Note; this person is not like the one who has forgotten. For example; the one who forgets to mention the naine of Allah upon an animal he slaughters does not render it unlawful to eat. Though if the person is insane or asleep at the time, then their slaughtered animal is not lawful to eat. Furthermore, to drink whilst sleep-walking holds the same ruling. [2]

Eating on purpose after eating forgetfully does not impose the expiation even if one knows the hadith concerning it; and this is the soundest opinion. The reason the expiation is not imposed is because (eating forgetfully) has a likeness to one who has broken his fast and this likeness is not over even if one knows the hadith of the Prophet صلى الله عليه وسلم "The one who eats and drinks from forgetfulness is to complete his fast." [3]

Furthermore, the hadith is ahad (or transmitted through solitary narration), it is not mutawatir or mash-hoor. It is a hadith which does not impart affirmative knowledge on its own unless it is supported by extraneous or circumstantial evidence. The expiation therefore cannot be imposed on this basis. [4]

If one has sexual intercourse forgetting he is fasting, and then after remembering, continues to have sexual intercourse intentionally; expiation is not necessary upon him on the basis of what we have described above, namely that it has a likeness to breaking one's fast. However, the day is obligatory to make up.

If a person eats after making his intention of fasting in the day (and not overnight), the expiation is not required as held by Imam Abu Hanifa رحمه الله. This was also the view of Imam an-Nasafi رحمه الله who said, "Expiation is not necessitated if one breaks his fast after having formed his intention in the daytime." [5]

Imam Zufar رحمه الله on the other hand held that he is liable for expiation.

If a person begins the day as a traveller and then intends residence and thereafter breaks his fast by eating, expiation is not necessary upon him even though it was forbidden to eat.

If a person becomes a traveller after starting the day as a resident, and thereafter breaks his fast by eating (while he is a traveller), expiation is not imposed upon him, while he is liable for the day. In other words, if the fajr passes over a person who has intended to fast that day and before he becomes a traveller, then it is not permitted for him to break his fast that day, though if he does, then only the day is required to be made-up. [6]

If a person abstains from eating with no intention of fasting and no intention of breaking fast, then the day is not deemed a fast, however, the expiation is not necessary upon this person, though he is required to make up the day because the intention is a requirement.

If one eats the pre-dawn meal (sahur) or has sexual intercourse during which he has doubt about the rising of dawn, wherein reality it had already dawned, then the expiation is not imposed on such a person, though the fast breaks.

The expiation is not imposed if a person breaks his fast believing that the sun had set, when it had not.

An orgasm due to sexual intercourse with a dead woman or beast or an orgasm caused by rubbing the genitals between the thighs of someone or by rubbing them on the abdomen of someone, or due to kissing, touching, or masturbation, does not impose the expiation, though the fast is void.

Note: we stated earlier that if there is no completion of pleasure by way of carnal desire through a location that is desired, then the expiation is not necessary, and this is the case at hand. Even if a person has an orgasm, it not regarded as complete for the reason that it is one sided.

There is no expiation if a person breaks a fast other than the fast of Ramadan, though one is liable to make up the day.

Having sexual intercourse with a sleeping woman or while she is temporarily insane, does not necessitate the expiation due to the absence of offence on her part.

The dripping of anything (such as liquid or the like) into the vagina breaks the fast, but does not necessitate the expiation, and this is the most correct view as it has a resemblance to an enema.

Inserting a finger which is wet with water or oil into the anus or inner part of the woman's vagina, does not impose the expiation, though the fast breaks and this is the opted view on the matter

Inserting a piece of cotton into the anus or the inside of the vagina to the extent that it disappears, requires qada, though no expiation; even if it was a cloth or something similar that disappeared. However, if the side or edge of the cotton (or cloth) remains outside, then it is regarded as though nothing entered.

Expiation is not imposed if smoke is intentionally inhaled into the throat, though the fast breaks.

Vomiting intentionally, even if it is less than a mouthful nullifies the fast without obligating the performance of expiation and this is the most evident view. The Prophet صلى الله عليه وسلم said [Whomever intentionally vomits must make up the day]. [7]

Though Imam Abu Yusuf رحمه الله held that in order for the fast to be nullified, the person must deliberately vomit a mouthful and this is the most correct opinion [which means, if a person intentionally vomits less than a mouthful, the fast remains sound according to Imam Abu Yusuf رحمه الله with no expiation necessary because he says that a small amount of vomit is as though there was nothing to begin with and he used as a proof, that the small amount of vomit does not nullify wudu'].

Likewise, if a person intentionally returns a mouthful of vomit back inside (the stomach) after it had forcefully risen, and he remembers he is fasting, then he is not liable for expiation while the fast is void, whereas if he had forgotten, the fast would remain valid, because it is like a person who eats out of forgetfulness.

Expiation is not imposed if a person eats the food that is stuck between his teeth the size of a chickpea. Though the fast breaks because it is possible to avoid eating something this size as opposed to a sesame.

If a person intended to form his intention of fasting in the day, but he eats forgetfully before making his intention in the day, then he is not liable for expiation, though he is liable to make up the day. This means that a person absentmindedly ate during the day before observing his intention in the day. lf he first intended and then forgetfully ate, the fast would remain valid.

If one becomes unconscious (i.e. suffers from fainting), even for the entire nionth of Ramadan, then he is given the status of that of a sleeping person and is liable for the missed days, except the actual day in which one fainted. And if it occurred at night, then one is to make up for the entire period of fainting except the day that follows this night. [8]

Note; this ruling differs with respect to the insane.

If a person suffers from insanity for part of the month, he is to make up the days The basis for this is that there is no hardship in making up days which are less than a month as distinguished from the person who is insane for the entire month, and is subjected to hardship through performance.

If one seers from insanity for the entire period of Ramadan, he is not liable to make up the days even (if this person is deemed legally insane, such that) he only recovers at night (from his insanity) or during the day after the time for intention has passed, because one cannot fast at night and neither after the noontime when the time of intention has ended.

In Summary

If one faints (or is unconscious) for part of the month of Ramadan or even the entire period of Ramadan, he is liable to make up the days. If one is insane for part of the month, he is also liable to make up the days, though if one suffers insanity for the entire month, he is not liable to make up the days

Notes

[1] Abu Yala. Al-Zayla'i, vol, 2, 453-54
[2] Maraky al-Falah 382
[3] Bukhari 1933
[4] Maraky al-Falah 382
[5] Maraky al-Falah 383
[6] Al-Fiqh al-Islamy, Ibrahim as-Salkini 421
[7] Abu Dawud 2374
[8] Al-Hidayah 193

When It Is Necessary To Refrain From Eating During The Day

1- If a person breaks his fast, it is necessary to abstain from eating for the remainder of the day. This person is also required to make up the day.

2- If a woman becomes pure from her menstrual periods or postnatal bleeding straight after the true dawn, then she must refrain from eating for the remainder of the day. And she is required to make up the day at a later time. As for one in a state of menstrual periods or postnatal bleeding, it is forbidden for her to fast, because fasting whist in this state is forbidden and to imitate something forbidden is also forbidden, and similarly it is not necessary upon the sick or the traveller to abstain from food, because they have permission to eat due to their hardship. However, it is sunna for the one who is permitted to eat, to do so in private, not openly, otherwise one may be accused.

3/4 - If a boy matures after true dawn or a non-believer accepts Islam after true dawn, they must abstain from eating for the remainder of the day. And they are not required to make up the day because prior to dawn, they were not subject to the commands of Allah سبحانه و تعالى regarding fasting. Whilst the persons in point one and point two are liable for the day.

Disliked Actions When Fasting

There are seven things that are disliked when fasting.

1-To taste something with no reason is disliked. If a woman has a harsh husband who will rebuke her for an increase or salt in the food , then she may taste it. If however he will not, then it is not permitted.

Note; the meaning here, is to taste without allowing anything to enter the insides.

2- Chewing something without a reason is disliked. It is however permitted if there is a need for it, such as chewing a small child's food when feeding. However, this is provided nothing reaches the inside of the body with the saliva. Equally. chewing on gum is disliked unless there is a reason. The reason for this dislike is based on the notion that other people who see this will accuse the person of breaking fast and it is not lawful for a person to assume a position where he will be accused. The Prophet صلى الله عليه وسلم said [He who believes in Allah and the last day, should not stand in the position of blame]. This is the case even if one has a reason. If, on the other hand something of it should enter the body with the saliva, the fast is deemed void.

3/4- Kissing and caressing while fasting is disliked if one is not sure of himself about having an orgasm or sexual intercourse as a result of such acts, and this is the evident view on the matter. If however, one is in control and sure that these things will not result in an orgasm or intercourse, then it is permitted. If someone would kiss or caress another with lust and an emission results, the fast will break.

5- Gathering the saliva in the mouth and then swallowing it, is disliked.

6/7- It is disliked to perform any act which is believed to weaken one from fasting such as cupping, acupuncture and blood-letting.

What Is Not Disliked When Fasting

There are nine things that are not disliked when fasting;

Kissing and caressing is not disliked provided one is sure (and in control of himself) that it will not lead to an orgasm or intercourse. Ummul Mu'mineen 'Aa'ishah رضي الله عنها reported that the Prophet صلى الله عليه وسلم would kiss and caress his wives while fasting, and he had more power to control his desires than any of you. [1]

If one discharges through kissing or touching, one must make up that day, but is not liable for expiation. [2]

Rubbing oil or lotion onto the moustache is not disliked during the fast.

The application of kohl (eyeliner) is not disliked, because there is no direct link between the eyes and the brain. The Prophet صلى الله عليه وسلم applied kohl whilst fasting. [3]

Cupping (or acupuncture) is not disliked, provided that one believes he will not tire from such a thing.

Blood-letting is not disliked if one believes he will not tire from it. Blood donating is also of this category as this could have a synergistic incapacitating effect.

There is no dislike to use the siwak at the end of the day; rather, it is sunna just like it is at the beginning of the day, even if the siuek is moist or wet with water. The Prophet صلى الله عليه وسلم would use the siwak at the beginning of the day and at the end while fasting. [4]

And the Prophet صلى الله عليه وسلم also said [The siwak is sunna, so perform siwak any time you wish]. [5]

Imam Shafi'ee رحمه الله on the other hand said that it is disliked in the evening as it does away with the blessed effects, which is the smell of the mouth which resembles the blood of the martyr. [6]

Rinsing the mouth or nostrils for other than wudu is not disliked and neither is taking a bath, or dressing in wet cloths to cool down; and the fatwa issued is in accordance with this view. These practices are not disliked according to Imam Abu Yusuf رحمه الله, whilst Imam Abu Hanifa رحمه الله held that they are disliked. However, it is the view of Imam Abu Yusuf رحمه الله which is more widely held on the matter because Abu Dawud رحمه الله transmitted that the Prophet صلى الله عليه وسلم poured water upon his head while fasting due to thirst or heat. [7]

And Ibn Umar رضي الله عنهما would wet his clothes and wrap himself in them while fasting. [8]

Notes

[1] Bukhari 1927, Muslim 1106
[2] Al-Hidayah 319
[3] Ibn Majah 1678
[4] Abu Dawud, Tirmidhi, Al-Zayla'i, vol 2, 460.
[5] Mentioned by Imam Suyuty in Jami as-Saga'ir 2/550
[6] Al-Hidayah
[7] Abu Dawud 2359
[8] Mentioned by Bukhari

That Which Is Recommended When Fasting

There are three things that are recommended for the one observing fast

1- The pre-dawn meal (sahur) is recommended; The Prophet صلى الله عليه وسلم! said [Observe sahur, for verily there is blessing in the sahur]. [1]

2- To delay the pre-dawn meal to shortly before dawn is recommended. The Prophet صلى الله عليه وسلم said [Three things are from the qualities of the Messengers: To break the fast immediately (upon sunset), to delay sahur and to place the right hand over the left hand in prayer]. [2]

Note; there are some people who do not observe the pre-dawn meal, or who observe it too early. According to moderation, this is not endorsed. The Prophet صلى الله عليه وسلم and his Companions رضي الله عنهم observed the pre-dawn meal to acquire strength for fasting the day and would delay the pre-dawn meal to the extent that the time between observing the meal and dawn was equal to the time one could recite fifty verses. [3]

3- To be haste in breaking the fast on a day where there is no obstruction or clouds in the sky is recommended in accordance with the above hadith.

Notes

[1] Bukhari 1923
[2] Al-Haythami 2/ 105, Tabarani, Maraky al-Falah 389
[3] Bukhari 575

Fortuitous Circumstances

The Ill, The Pregnant And The Breast-Feeding

The circumstances which are deemed legal and for which no sin is awarded for the breaking of fast are eight: illness, travel, coercion, pregnancy, breast-feeding, hunger, thirst and old age. In each of the cases, one is permitted to break or leave the days of fasting at hand and make up the days later when one is able. For example: an old and frail man who suffers from an illness is allowed to leave the fast and pay a fee (fidya). If this person regains strength for fasting, he must make Up the days that he missed. Similarly, Ramadan may be missed in the following scenarios.

It is permissible to break one's fast, for one who is ill and fears (with good reason) aggravation in his illness or a delay in his recovery

A pregnant or nursing woman is permitted to leave the fast if she fears a loss of mind, death, or illness upon herself or child (regardless if the child is her own or a child she nurses). If the fear is present, she is to delay the fast to a later date. The Prophet صلى الله عليه وسلم said [Allah سبحانه و تعالى has remitted half the prayer to a traveller, and fasting to the traveller, the woman who is suckling an infant and the woman who is pregnant]. [1]

The fear which is considered genuine allowing one to break his/her fast is that which is based upon one's predominant belief through past experience or on the information from an Islamic physician who is skilful and upright.

It is permitted to break the fast if one suffers unbearable thirst or hunger in which he fears his demise or that he may lose his mind or senses.

Note

[1] Abu Dawud 2402

The Traveller

The traveller is legally permitted tp break his fast. However, to fast is better provided it will not harm him and provided that most of his companions accompanying him are also fasting and that each person is funding his own expenses separately, though if they are sharing the expenses of the travel or are not fasting, then it is better to break the fast and be in accordance with the group.

In any case, the traveller is permitted to break his fast opting instead to make up the day at a more convenient time. Allah سبحانه و تعالى says [If anyone is ill or on a journey, the prescribed number should be made up from later days]. [1]

Note

[1] Quran 2:184

What Is And Is Not Required Of A Person Who Breaks His Fast Due To An Excuse

If a person dies before his excuse ends such as illness and travel, he is not required to make a will instructing his heirs, to redeem the days he lost. The reason is due to his excuse which remains. For example, a sick person who dies before regaining sound health is under no obligation to make a will for the days he lost because his excuse remains.

Note; a missed fast is redeemed by paying the fidya (fee).

And if one finds other days in which he can make up the missed days, then he must do so (when he regains sound health or after becoming a resident). If however, he does not make up the days, then he is required to leave a will instructing his heirs to redeem the days he was healthy for or the days he was a resident for (that is, the days he was able to make up but did not).

Consider the following. Person 'X' fell ill for 15 days of Ramadan. Thereafter, he recovered for ten days and then died. Prior to death, this person must make a will instructing his family to make up only ten days of fasting for him because he was only fit and able for ten days and they are the days that he is responsible for. The other five days are not required because, a) he did not find other days in which he could make up the lost ones; and b) because he had only recovered for ten days. Hence, one is responsible for the days he had the ability to fast but did not. In the event that one dies and was not in an able position to make up days, then he is not responsible.

Note: If the deceased left no instructions for the fidya (fee) to be taken from a third of his estate, then it is not necessary that the fidya be given on his behalf. If however, someone wishes to volunteer, then it is accepted. The fidya is half a measure [saa'] of wheat, or its value for each day of fasting.

It is not a stipulation to make up the fasts of Ramadan successively, i.e. one day straight after the other, joining all the days together. However, it is permiitted to do so. It is also permitted to make up the missed fasts intermittently from time to time. In saying this, it is recommended that the fasts be made up successively and not be delayed more than they have to; in order to make haste in pious actions.

Note: the types of fasting are eleven. Eight are mentioned in the Quran, four of which are to be done successively and four which are permitted to be done intermittently; and then there are three types which are established through the sunna.

As for the four that are to be performed successively, they are:

1) the performance of the current Ramadan at hand as Allah سبحانه و تعالى said [Whoever witnesses the month is to fast]. [1]

2) For the expiation of dhihar as Allah سبحانه و تعالى said [Anyone who cannot find the means must fast for two consecutive months]. [2]

3) Killing someone accidentally as Allah سبحانه و تعالى said [Anyone who cannot find the means is to fast for two consecutive months]. [3]

4) For an oath as Allah سبحانه و تعالى says [Anyone without the means to do so should fast three days. That is the expiation for breaking oaths when you have sworn them]. [4]

Indeed, it is stipulated that such fasts be done successively.

As for the types that are permitted intermittently, they include:

1) the make-up [qada] of Ramadan as Allah سبحانه و تعالى says [But if any of you are ill or on a journey, should fast a number of other days]. [5]

2) The fidya of shaving for the muhrim as Allah سبحانه و تعالى says [If any of you are ill or have a head injury, the expiation is fasting, or sadaqa, or sacrifice]. [6]

3) The fidya for tamaattu' as Allah سبحانه و تعالى says: [Anyone who comes out of ihram between umrah and hajj should make whatever sacrifice is feasible. For anyone who cannot, there are three days fast on hajj and seven on your return, that is ten in all]. [7]

4) The recompense for hunting in the state of ihram as Allah سبحانه و تعالى says [...or expiation by feeding the poor or fasting proportionate to that, so that he may taste the evil consequences of what he did]. [8]

As for the three types established through the sunna and in which one has an option of performing intermittently, are as follows:

1) the expiation fasting [kaffarah] for intentionally breaking one's fast in Ramadan.

2) Optional fasting, and

3) the vowed fast, i.e. one promised to perform a particular day. The same is maintained in Bada-i' as-Sana-i' as well in Tuhfatul Fuqaha. [9]

If another Ramadan comes along, yet one has not fasted the previous Ramadan, then one is to perform the current one and thereafter make up the unperformed Ramadan. And there is no fidya [penalty fee] for delaying these missed fasts up to the current Ramadan. Although, according to the Shafi'i Madhhab, there is.

Notes

[1] Quran 2:185
[2] Quran 58:4
[3] Quran 4:92
[4] Quran 5:89
[5] Quran 2:184
[6] Quran 2:196
[7] Quran 2:196
[8] Quran 5:95
[9] Bada-i' as-Sana-i' 2/210; Tuhfatul Fuqaha 2/341 [Maraky al-Falah 392]

The Elderly

It is permitted for a frail old person (male and female) to break their fast. They must however pay the fidya for every day missed. The fidya (or fee) is half a measure of wheat (which equals 1.6 kg), or the equivalent in cash.

Note: the frail old person is called the shaikh fani in Arabic for the reason that he is close to death. And the ajuz faniah is in reference to an elderly female.

One Who Vowed To Fast His Entire Life And Weakened As A Result

If a person vowed to fast his entire life and as a result becomes weak and feeble because of his working efforts to provide for himself and family, then he is to break his fast and pay the fidget.

If however, he is unable to pay the fidya due to financial difficulty, then he is to seek forgiveness from Allah سبحانه و تعالى and rescind his vow; (i.e. one is to seek pardon for his shortcoming).

When The Payment Of The Fidya (Penalty Fee) Is Not Valid

As there is expiation to atone for violations of fasting, there also exists expiation for other violations. Such expiations become imposed for issues like breaking one's oath and murder. The expiation (kaffarah) of a broken oath is,

1) to free a sound Muslim slave,
2) to feed ten poor people,
3) to provide clothing for ten such persons.

If one is unable to do any of the above, one must fast for three days.

If the expiation of a broken oath or murder is required of a person, and he does not have the financial means to carry out the expiation of freeing a slave or to feed or clothe unfortunate persons, then he is required to fast. Though if this person is old and feeble and therefore unable to fast or he does not fast when he has the ability to do so until he becomes old and enfeebled, then in both cases, it is not permitted to pay the fidya. The same applies to the expiation (kaffarah) of fasting.

In addition, one cannot undertake the atonement of fasting unless he is unable tp expiate with payment. [1]

Note

[1] Maraky al-Falah 393

The Permissibility Of Breaking Voluntary Fasts With Or Without A Reason

It is permitted for a person who is performing a voluntary fast to break it with no reason, according to the opinion of Imam Abu Yusuf رحمه الله.

Ummul Mu'mineen 'Aa'ishah رضي الله عنها said: The Apostle of Allah صلى الله عليه وسلم came to me one day and said [Is there anything with you (to eat)?] I said, "No." Thereupon, he said [I shall then be fasting]. Then he came another day and we said, "Messenger of Allah صلى الله عليه وسلم, hays (a type of food) has been offered to us as a gift." Thereupon he said, "Show that to me." He then said, "I had been fasting since morning," then he ate. [1]

It is vital to point out, that if one breaks a voluntary fast, it becomes necessary to make it up as an act of devotion.

Entertaining is regarded as a reason (for breaking a voluntary fast) according to the most evident view, for both the guest and the host, and for them is the glad tidings of this great benefit in that the Prophet صلى الله عليه وسلم said [Whomever breaks his fast for the right of his brother, the rewards of fasting a thousand days are written for him and upon making up the day, the rewards of (another) thousand days of fasting are added to (his) account].

This hadith has been specifically indicated to by the author of Nur al-Idah. This means a guest may break his voluntary fast to entertain his host, and the host may break his voluntary fast to entertain his guest. And Allah سبحانه و تعالى knows best.

If a person breaks a voluntary fast in any situation (whether there is a reason or not), he is required to make up the day, except if he begins to fast during one of the five following days, they being the two days of Eid and the days of Tashreeq, for verily there is no requirement to make up the days if one breaks his fast during these days (as we have been prevented from fasting on these days) and this is the most evident view on the matter as held by Imam Abu Hanifa رحمه الله, for it is not permitted to complete the fast upon these days, on the basis that he has engaged in something prohibited. Thus, he is ordered to break his fast and attend to entertaining his guest during these days of celebration and Allah سبحانه و تعالى knows best.

Note

[1] Muslim 1154

Fulfilling One's Promise Such As Fasting, Prayers And Other

When Is One Required To Fulfil His Promise

If a person vows to perform good deeds, then he must fulfil what he promised, provided three conditions are met. Allah Almighty said, [Let them fulfil their vows]. [1]

And the Prophet صلى الله عليه وسلم said, [Whomever vowed to obey Allah سبحانه و تعالى, then he should obey Allah سبحانه و تعالى and whomever vowed to disobey Allah سبحانه و تعالى, should not disobey Him]. [2]

1- The act (one promises) is to be from a category which is wajib, such as fasting, prayer, and hajj. This means that a person can make a vow to observe fast and prayer since prayer and fasting (in essence) originate from a wajib category.

2- The primary actual act itself must be specifically intended by the person, not the pre-requisite of the act; for example, one cannot promise to make wudu because it is the pre-requisite to prayer. And wudu is not the primary thing that is intended, but we do so in order to pray. Hence, one cannot intend a thing that is linked to the act; rather, he must intend the act. It is the primary act itself which one must vow, such as prayer, fasting, charity etc.

3- The act that one promises must not already be required of a person, for example, one cannot promise to pray the noon prayer (dhuhr) because it is already compulsory to perform. Hence, one cannot promise to perform an act that he must already perform, but rather it is an additional act.

One is therefore not required to perform wudu if he promises to do so because it is not the primary act; rather, it is the precondition for prayer and other acts of worship.

Likewise, a person is not required to perform the recital prostration if he vows to do so because it is already necessary to respond to the prostration verse if one hears or recites it.

One is not required to visit the ill if he promises to do so because it does not originate from a wajib category as mentioned in point 1 above. Though Imam Abu Hanifa رحمه الله disagreed saying; that if one intends to visit his ill brother today, then his vow is valid and if one promised to visit his friend, he is not required to fulfil this, because the visiting of the ill is a worship and he mentioned the saying of the Prophet صلى الله عليه وسلم [The one who visits the sick is as though he is in the fruit garden of paradise until he returns]. [1]

Promising to do acts of worship which are already required is not valid because they are already imposed on the person by law.

One's vow is valid if he promises to free a slave for the reason that it is compulsory to do so in the event of kaffarah (expiation) where one is required to free a slave.

If a person vows to perform religious retreat (I'tikaf) then the vow is valid in that one may perform it as a promised act since it originates from a wajib category.

Vowing to perform a voluntary prayer or fast is valid and after one has promised them, they become necessary to perform, and equally sadaqah (charity) is also included in this category.

If a person vows a general (unspecified) promise, such as saying, "I swear by Allah that upon me is a two rak'ah prayer," then he is required to fulfil this vow. If on the other hand one attaches a condition to a promise, such as, "If Allah grants me a child, I shall feed ten people," then he is also required to fulfil the vow if the condition or event occurs such as a child. Hence, vowing to fast an unspecified day or a vow that is subject to a condition are necessary to fulfil.

Note

[1] Muslim 2568

The Ruling Of One Who Vowed To Fast The Two Days Of 'Eid

Promising to fast both the days of Eid as well as the days of Tashreeq is valid, and this is the opted view on the matter, though it is necessary to break the fast during these days mentioned and make up the days later, as Abu Hurairah رضي الله عنه reported that the Prophet صلى الله عليه وسلم prohibited fasting two days, Eid al-Fitr and Eid al-Adha. [1]

If however one keeps fast on these days of Eid and Tashreeq (due to their vow) it is valid, though it is unlawful.

Note

[1] Muslim 1137

That Which Is Disregarded In A Vow And That Which Is Binding

Factors that are not binding (and disregarded) as being part of a vow are the specification of the time, place, as well as the specification of dirhams or a specific poor person. For example, if one vows to donate a particular dirham or to feed a particular poor person, one is not obliged to donate that particular dirham or feed that particular poor person since these specifications in a promise are not binding, though the act itself must still be carried out. The rationale being that it is the pious action that brings one closer to Allah سبحانه و تعالى which is the aim, it is not the time, place or person, and for this reason, the time, place or person are disregarded in the vow.

If one promises to fast the month of Sha'ban and instead fasts the month of Rajab, it is valid for the reason that the promise to fast is the objective. The actual month is not required to have arrived, and because one did not wait for the month to arrive, he has benefited in the rewards, which may have been missed in the event of death or other reasons.

If a person promises to perform two rak'ahs in Makkah and instead prays them in another city, it is valid and permitted, because the pious act is achieved, not the place where it was carried out.

Promising to give sadaqah with a specific dirham, but instead donating a different dirham is valid due to the pious act, and because specifying a particular dirham or money is not considered as being part of the vow.

If a person promises to feed or assist a poor person named Umar and instead opted with Zaid, the vow and pious act is valid, because the meaning of a pious act involving sadaqah is to satisfy the need of the poor; and this is the intended meaning without considering the time, place or person. However, this is contrary to Imam Zufar رحمه الله who said, "One should specify these factors."

If one makes his vow conditional, such as saying, "I swear by Allah if I regain sound health, I will give sadaqah," which means the promise of giving sadaqah is based upon a condition, then its performance before the arrival of the condition does not suffice, since the vow is linked with the condition.

I'tikaf [1] (Religious Retreat)

Its definition is to remain with the intention (of seclusion) in a masjid where the five daily prayers are perforined in congregation. Ali رضي الله عنه and Hudhayfa رضي الله عنه said [There is no religious retreat [I'tikaf] except in a congregational mosque]. [2]

It is not valid in a masjid where the five daily prayers are not performed in congregation, and this is the opted opinion on the matter.

I'tikaf for a female is the masjid of her home, which is a place she has designated for prayer in her home (the place where she customarily performs her prayers).

Notes

[1] Linguistically, I'tikaf means to seclude oneself and remain; such as to say, "This person 'akafa upon the Quran;" meaning that he remained in the state of reciting Quran. And I'tikaf has been a practice in the masaajid from the laws prior to Islam, though Islam affirmed and established it. And the proof that I'tikaf was practiced in the laws before Islam is the statement of Allah سبحانه و تعالى in the Quran "We covenanted with Ibraheem (Abraham) and Isma'eel (Ishmael) that they should sanctify My house for those who compass it round or use it as a retreat, or bow or prostrate themselves [therein in prayer]." (Al-Baqarah 125)

And another proof that Islam sanctioned I'tikaf is the establishment of the Prophet صلى الله عليه وسلم whom would retreat the last ten days of Ramadan, until he died and it has been established that the wives of the Prophet صلى الله عليه وسلم observed I'tikaf after him.

[2] Tabarani 9/302. The hadith is deemed mawquf

The Types Of I'tikaaf

There are three types of I'tikaf;

1- Necessary type (wajib) - this type of I'tikaf is that which one vows to do; such as promising, "I swear by Allah, I shall observe I'tikaf" or "If Allah cures the illness of such and such, I shall observe I'tikaf." Fasting is conditional when observing this type of I'tikaf. To spend less than one day in this type of I'tikaf is not permitted.

2- The second is sunna mu'akkada (an emphasized sunna) in the last ten days of Ramadan. This type of I'tikaf is sunna kifaya, meaning that it is a communal sunna.

3- The third type is that which is recommended any other time of the year apart from the above two types.

Fasting is a condition only for the vowed I'tikaf, (which is the wajib type mentioned above, not the voluntary type).

Note, there is no vowed I'tikaf unless one orally expresses it, because it is linked with the tongue, though this is not the case with the intention because the place for that is the heart. The Prophet صلى الله عليه وسلم said [There is no I'tikaf without a fast]. [1]

This means that feting is conditional for the wajib form of I'tikaf on the basis of unanimous naration.

The shortest period for the recommended I'tikaf is any duration of time according to Imam Muhammad رحمه الله. This is established by remaining for a moment with the intention of I'tikaf even if one does this while walking through the masjid, and the fatwa given is in accordance with this view. Though according to Imam Abu Hanifa رحمه الله, the shortest period for making I'tikaf is one day. According to Imam Abu Yusuf رحمه الله, it is the greater part of the day.

Note

[1] Daraqutni and al-Baihaqi

When Is It Permissible To Exit The Masjid In I'tikaf?

A person in I'tikaf is not to leave the masjid except for a legal need such as the Friday prayer or to answer the call of nature, such as urinating, or because of necessity, such as the collapse of the masjid. In addition, one may leave if he is coerced by an oppressor or because his family members have been separated and he is required to attend to them.

If one fears for himself or his goods from a rebel, then he is permitted to leave and enter another masjid immediately after leaving the first one; and one must not engage in anything except in the travel to the other masjid.

If one exits the Masjid for any duration of tine without a valid reason, the wajib form of I'tikaf becomes invalid and other types of I'tikaf such as the voluntary type is deemed over (that is, it has come to an end due to leaving the masjid).

The person performing I'tikaf is permitted to eat, drink, sleep and to form a contract for the purpose of trade for himself or family, a contract which he or his family are in need of; this is to be performed only within the masjid. This is owing to the fact that if one leaves the masjid for this reason it would spoil the retreat. It is therefore permitted with dislike.

Al-Hidayah states that eating, drinking and sleeping are to take place at the location of the I'tikaf. The basis for this is that there was no place of abode for the prophet God صلى الله عليه وسلم except the masjid. Further, it is possible to meet these needs in the masjid, and there is no necessity of coming out for them. [1]

Note

[1] al-Hidaya 343

That Which Is Disliked In I'tikaf

It is disliked to bring items of trade to the masjid for the purpose of trade, for one should not turn the masjid into a marketplace.

It is disliked to form a contract for the purposes of trade even though it is permitted, as one has devoted himself to Allah سبحانه و تعالى and should not engage in the matters of the world.

It is disliked to maintain complete silence if one believes it is an act that will bring him closer to Allah سبحانه و تعالى, though if a person is silent because he has nothing to say, it is not disliked. Muslims are prevented from remaining silent as an act of worship for the reason that it was, and is the observance of the Christians and the Jews. Abu Hurairah رضي الله عنه narrated from the Prophet صلى الله عليه وسلم that the Prophet صلى الله عليه وسلم prohibited continuous fast and the silent fast. [1]

If one observes silence without believing it to be a pious act, but rather held his tongue from speaking things of no benefit, then there is no harm. In addition, it is commendable to recite Quran, to remember Allah سبحانه و تعالى through invocations, hadith, knowledge, learning and the biography of the Prophet صلى الله عليه وسلم, or the biographies of the heroes of Islam and the books of religion. One is to engage in beneflcial discussion and learning.

Note

[1] Imam Abu Hanifa's Musnad 1/192 رحمه الله

What Is Unlawful In I'tikaf And Its Nullification

It is forbidden to indulge in sexual intercourse or to kiss and fondle. Allah سبحانه و تعالى said, [Do not associate with your wives while you are in retreat in the masjid]. [1]

I'tikaf is nullified if one indulges in sexual intercourse or has an orgasm as a result of kissing and fondling, and it does not matter if one indulges in these actions on purpose or forgetfully, or whether he was keen to comply or under duress or whether it was in the day or night. If an orgasm results, the retreat is nullified.

If a person vows to observe I'tikaf for a certain number of days, then he must observe I'tikaf during the nights of those days as well.

A person who vows I'tikaf for a certain number of nights must also observe the days consecutively even if a consecutive order is not stipulated when vowing. And this is the most evident view on the matter. The basis for this is that I'tikaf is built upon a consecutive order in that it continues through the night and day, though this is contrary to a fast which is built upon separation in that the nights are not acceptable for the fast. Thus, fasts are obligatory with separation even if the person expressly stipulates a consecutive order. [2]

A person who vows two days in retreat must also remain for two nights The reason that the nights become binding with the days is because this person intended a dual form which is a combination of both day and night in meaning. One is therefore bound by the ruling as a precaution. One must therefore enter the masjid a little time before the sun sets on the basis that the night precedes the day and remain for two nights and two days. [3]

If a person forms an intention specifically for the days without the nights, it is valid because it is directed towards the actual object. [4]

If one vows I'tikaf for a month (whether it is specified or not) and he intends the days only or intends the nights only, then this intention cannot come into effect unless he expresses what he wishes to rule out and exclude in his intention, such as the saying, "One month in the day excluding the nights."

Notes

[1] Al-Baqarah 187
[2] Maraky al-Falah 404
[3] Maraky al-Falah 404
[4] Maraky al-Falah 404

The Legality Of I'tikaf, Its Status And Wisdom

Religious retreat [I'tikaf] is legal and permissible through Quranic text and the Prophet's صلى الله عليه وسلم sunna. Allah سبحانه و تعالى states in the Quran [Do not associate with your wives while you are in I'tikaf [retreat] in the masjid]. [1]

As for the sunna, Ummul Mu'mineen 'Aa'ishah رضي الله عنها narrated that the Prophet صلى الله عليه وسلم would perform I'tikaf in the last ten days of Ramadan when he arrived at Madina until Allah سبحانه و تعالى took his soul. [2]

Imam az-Zuhri رحمه الله said; "I am amazed at the people in how they left I'tikaf, whilst the Prophet صلى الله عليه وسلم would perform this action. They leave it whilst the Prophet صلى الله عليه وسلم did not, until he passed."

Religious retreat is from the most honourable of actions, provided it is performed with sincerity to Allah سبحانه و تعالى, for the reason that this person in I'tikaf is waiting for the group prayer in the masjid and is therefore like one who is constantly engaged in prayer. The Prophet صلى الله عليه وسلم said [The slave (of Allah سبحانه و تعالى) does not cease prayer so long as he is in the masjid waiting for the prayer]. [3]

From the benefits and merits of I'tikaf is the heart being separated from the matters of this world while submitting to the Master and Owner of all that exists.

Another merit is a person's remaining in actions of worship in the house of Allah سبحانه و تعالى as in accordance with the hadith of the Prophet صلى الله عليه وسلم who said that Allah سبحانه و تعالى said, [I am to my servant as he expects of Me. I am with him when he remembers Me. If he remembers Me in his heart, I remember him in Myself. And if he remembers Me in an assembly, I mention him in an assembly better than his. And if he draws nearer to Me a hand-span, I draw nearer to him an arm's length. And if he draws nearer to Me an arm's length, I draw nearer to him a fathoms length and if he comes to Me walking, I rush to him at great speed]. [4]

In addition to the benefits is; one is fortified (safeguarded) with His strong hold.

'Ata Ibn Abi Rabah رحمه الله stated the following: the example of a person in I'tikaf is like the person who stands and waits on a great door (of a king, great minister or an imam) because of a need he has. Equally, the person in I'tikaf utters, "I will not leave and depart from the 'door' of my Maker until He has forgiven me my sins, which are the reasons for the distance between me and Him and the descending of calamities upon me."

'Ata Ibn Abi Rabah رحمه الله was a tabi'ee, a student of Ibn Abbas رضي الله عنهما and one of the teachers of Imam Abu Hanifa رحمه الله. Imam Abu Hanifa رحمه الله said of him [I did not see anyone greater in jurisprudence than Hammad رحمه الله and that there was no one whom had gathered the entirety of knowledge more than 'Ata Ibn Abi Rabah رحمه الله].

Most of the narrations of Imam Abu Hanifa رحمه الله were from 'Ata رحمه الله whom heard it from Ibn Abbas رضي الله عنهما, Ibn Umar رضي الله عنهما, Abu Hurairah رضي الله عنه, Abu Sa'eed رضي الله عنه, Jabir رضي الله عنه and Ummul Mu'mineen 'Aa'ishah رضي الله عنها. He died in 115 Hijrah and he was eighty years of age.

Notes

[1] Al-Baqarah 187
[2] Bukhari 2026, Muslim 1171
[3] Bukhari, the Book of Wudu; Maraky al-Falah 405
[4] Bukhari