Fiqh of Fasting According to the Hanafi Madh-hab from 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 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]
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.
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 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 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.
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.
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.
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.
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.
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.
This cannot be undone and I am sure it will be greatly appreciated.
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