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]
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.
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.
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.
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.
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.
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.
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]
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.
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."
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
The Prophet's صلى الله عليه وسلم Practise During Ramadaan
The Sahaaba رضي الله عنهم used to say that with the start of Ramadaan, they would note an increase in three things in the practise of the Messenger of Allaah صلى الله عليه وسلم
1) The Messenger of Allaah صلى الله عليه وسلم would dramatically increase his worship, despite the fact that his normal worship was such that his noble feet would swell from standing in prayer for extensive periods of time.
2) He صلى الله عليه وسلم was tremendously generous in giving for the sake of Allaah سبحانه و تعالى, and during this month, he would open his heart and hands even more in charity.
3) He صلى الله عليه وسلم would increase his weeping in front of Allaah سبحانه و تعالى in fear and humility, seeking repentance.
Increasing worship, charity, and supplication are Prophetic examples that all Muslims should strive to follow with sincerity. Muslims tire their bodies every day in work, but there should be at least some time during their lifetime when the body gets exhausted in worship. There should come such a time when the eyes long for sleep, but the worshipper reminds himself that struggling to stay awake to seek Allaah's pleasure will earn him the honour of looking upon Allaah سبحانه و تعالى in Paradise. The eyes that stay awake now will sleep soundly in the grave.
Only after death do restless hearts find peace
Only he sleeps soundly who remained awake
Vendors, grocers and all sales professionals have a specific season that they prepare and work hard for. When their season for sales arrives, they set their normal schedules aside, excuse themselves from all non-essential engagements and focus solely on the season at hand. Moreover, they pay less attention to eating and sleeping properly because they remain absorbed in their trade and stay focused on how to take advantage of their particular season in the best manner. These people value this time and embrace hard work because their chance to make huge profits comes only once a year, after which they know they can afford to relax a little.�
Likewise, the month of Ramadaan is a season of righteousness for all those �who wish to draw nearer to Allaah سبحانه و تعالى and have their sins forgiven. The fasts of such people who remain restless for Allaah's سبحانه و تعالى sake are not only limited to abstinence from food and drink, but their eyes and tongue and all else also remains in a state of fasting. When Muslims remain in a state of fasting from head to toe and raise their hands in supplication at the breaking of the fast (Iftar), then Allaah سبحانه و تعالى will grant whatever they wish for.
This cannot be undone and I am sure it will be greatly appreciated.
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