If a person who is fasting gets leave by telling his work that he is going for 'Umrah, and this is not true, and he follows that by showing them a forged visa, what is the ruling on his fasting and prayer?.
Praise be to Allaah. If he takes leave based on his saying that he is going for 'Umrah, and in fact he does not intend to go, then this is lying. If that results in him getting leave to which he is not entitled, then the salary that he gets for this period is haraam wealth and is not permissible for him.
The one who does that has to repent to Allaah and go back to work.
With regard to the effect that has on his fasting and prayer, they are valid, but it indicates that he is not doing them as Allaah enjoined. If he was really praying as Allaah has enjoined, then his prayer would be preventing him from doing evil deeds, as Allaah says (interpretation of the meaning):
"Verily, As‑Salaah (the prayer) prevents from Al‑Fahsha' (i.e. great sins of every kind, unlawful sexual intercourse) and Al‑Munkar (i.e. disbelief, polytheism, and every kind of evil wicked deed)"
[al-'Ankaboot 29:45]
Undoubtedly sins such as lying, deceiving, swearing, insulting others etc detract from the reward of the one who is fasting, because the Prophet (peace and blessings of Allaah be upon him) said: "Whoever does not give up false speech and acting upon it and ignorant conduct, Allaah has no need of his giving up his food and drink." Narrated by al-Bukhaari, 6057.
It was narrated by al-Tabaraani in al-Mu'jam al-Sagheer and al-Mu'jam al-Awsat with the wording: "Whoever does not give up obscene talk and lying, Allaah has no need of his giving up his food and drink." Classed as hasan by al-Albaani in Saheeh al-Targheeb wa'l-Tarheeb.
False speech has also been interpreted as referring to lying. This points to the abhorrence of lying when fasting, and shows that he is exposing his fast to rejection and lack of acceptance.
It says in al-'Awn al-Ma'bood: "If he does not give up" means, if he does not refrain from. "False speech" means lying. "Allaah has no need" - Ibn Battaal said: This does not mean that he is enjoined to stop fasting, rather what it means is a warning against false speech and the other things mentioned. ... Ibn al-Muneer said: Rather it is an indication that it will not be accepted. Ibn al-'Arabi said: What this hadeeth means is that he will not be rewarded for his fasting ... This hadeeth was quoted as evidence to show that that these actions detract from the reward of fasting. End quote.
Allaah has prescribed fasting for great reasons. One of the most important of these reasons and one of the greatest purposes achieved by the fast is so that we may attain piety (taqwa), as Allaah says (interpretation of the meaning) :
"O you who believe! Observing As-Sawm (the fasting) is prescribed for you as it was prescribed for those before you, that you may become Al-Muttaqoon (the pious)"
[al-Baqarah 2:183]
Taqwa or piety means obeying that which Allaah has commanded and avoiding that which He has forbidden.
The person who is fasting is commanded to do acts of worship and obedience, and he is forbidden to do haraam things. Sins are bad enough when committed by anyone, but they are even worse when committed by one who is fasting. Hence the Prophet (peace and blessings of Allaah be upon him) said: "Whoever does not give up false speech and acting in accordance with it, and ignorant conduct, Allaah has no need of him giving up his food and drink." Narrated by al-Bukhaari, 6057. See also question no. 37989 and 37658.
Ibn Khuzaymah, Ibn Hibaan and al-Haakim narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "Fasting does not just mean giving up food and drink, rather fasting also means giving up idle and obscene talk." Classed as saheeh by al-Albaani in Saheeh al-Targheeb wa'l-Tarheeb, 1082.
'Umar ibn al-Khattaab and 'Ali ibn Abi Taalib (may Allaah be pleased with them) said: Fasting does not just mean giving up food and drink; it also means giving up lies, falsehood and idle talk.
Jaabir ibn 'Abd-Allaah said: If you fast, then block your ears, eyes and tongue from lies and sin; do not abuse your servants; be tranquil and dignified on the day of your fast; do not let the day when you do not fast and the day when you fast be the same.
It was narrated that Taleeq ibn Qays said: Abu Dharr said: When you fast then be careful as much as you can. When Taleeq was fasting he would enter his house and only come out to pray.
When Abu Hurayrah and his companions (may Allaah be pleased with them) fasted, they would stay in the mosque and say, "We are keeping our fast pure."
See al-Muhalla, 4/305
One of the scholars said:
The person who is fasting must fast with his eyes and not look at anything that is not permissible; with his ears and not listen to anything that is not permissible; with his tongue and not speak any obscene words or slander any one or tell lies or backbite.
The believer should make the most of this blessed month in which the devils are chained up, the gates of Paradise are opened and the gates of Hell are closed, and a caller cries out, "O seeker of good, go ahead; O seeker of evil, desist!" The believer should make the most of this month so that he may draw closer to Allaah, repent sincerely from all his sins and make a pledge to Allaah to adhere to His religion and laws.
Secondly:
Sin - including a woman's making a wanton display (tabarruj) of her beauty and charms to non-mahram men - detracts from the reward of fasting. The more sins are committed and the more serious they are, the more that detracts from the reward of fasting, and it may cancel out the reward altogether, so that a person may have denied himself food, drink and all the things that break the fast, yet still deprived himself of the reward for that by disobeying Allaah. Hence the Prophet (peace and blessings of Allaah be upon him) said: "The one who fasts may get nothing from his fast but hunger, and the one who prays qiyaam may get nothing from his qiyaam but a sleepless night." Narrated by Ibn Maajah, 1690; classed as saheeh by al-Albaani in Saheeh Ibn Maajah.
Al-Subki said in his Fataawa, 1/221-226:
Can the (reward for) fasting be decreased by sins that may occur while one is fasting, or not? The view which we favour is that it can decrease, and I do not think there is any differing opinion on this matter...
Note that the complete reward for fasting is achieved when it is accompanied by acts of worship such as reading Qur'aan, observing i'tikaaf, praying, giving charity etc, and it may be achieved by avoiding haraam things. All of these things make the reward more complete.
Thirdly:
With regard to fasting that is accompanied by sins - including tabarruj on the part of a woman - the fast is not invalidated by that, rather it is valid and the fasting person has fulfilled his obligation and does not have to make up the fast. But the reward for fasting is decreased by that sin and it may be cancelled out altogether as stated above.
Al-Nawawi said in al-Majmoo' (6/398):
The fasting person should protect his fast from backbiting and slander. What this means is that it is more important for the fasting person to avoid these sins than others, although those who are not fasting should avoid these sins too, as that is enjoined in all situations. If a person backbites while fasting, he has committed a sin but that does not invalidate his fast in our view. This is the view of Maalik, Abu Haneefah, Ahmad and all the scholars except al-Awzaa'i who said that the fast is invalidated by backbiting, and must be made up.
Shaykh Ibn 'Uthaymeen was asked in Fataawa al-Siyaam (p. 358): If a person utters some haraam words during the day in Ramadaan does that invalidate his fast?
He replied:
If we read the words of Allaah (interpretation of the meaning):
"O you who believe! Observing As-Sawm (the fasting) is prescribed for you as it was prescribed for those before you, that you may become Al-Muttaqoon (the pious)"
[al-Baqarah 2:183]
we will see that the reason why fasting is enjoined is so that we may attain piety, and piety means avoiding things that are forbidden. In general it means doing that which is commanded and avoiding that which is forbidden. The Prophet (peace and blessings of Allaah be upon him) said: "Whoever does not give up false speech and acting in accordance with it, and ignorant conduct, Allaah has no need of him giving up his food and drink."
Based on this, the fasting person has to avoid haraam words and actions, so he should not backbite about people, or tell lies, or spread malicious gossip amongst them, he should not engage in haraam transactions, and he should avoid all haraam things. If a person avoids that for a whole month then he should be able to adhere to that straight path for the rest of the year. But unfortunately many of those who fast do not differentiate between the days when they fast and the days when they do not fast, so they carry on as usual with haraam speech such as lying, cheating and so on. You do not feel that they are observing the dignity of fasting. These actions do not invalidate the fast but they do detract from its reward, and may cancel out the reward of fasting altogether.
What is the Hanafi definition of karaha? What are its categories? What are their definitions? In what way is it deduced from legal evidence? For example, would the hadith 'Straighten your rows, or Allah shall cause friction between your hearts' denote karaha, tahrim, or what?
In the name of Allah, Most Compassionate, Most Merciful,
Makruh (or Karaha) linguistically means 'to dislike' or 'detest'. Technically, it refers to an act that is disliked in Shariah.
There are two types of Makruh:
a) Makruh Tanzihan
b) Makruh Tahriman
Makruh Tanzihan
Makruh Tanzihan or Karaha Tanzihiyya refers to an act that is detested in Shariah, without the promise of punishment for the one who carries it out. It is closer to the lawful (mubah) than the unlawful (haram).
Examples:
1) Wasting water whilst performing ablution or being miserly with it;
2) The consumption of horse meat;
3) Not taking a bath on Fridays;
4) Non-recitation of Tasmiya in the beginning of ablution;
5) Not using the Siwak whilst performing ablution;
Ruling:
The one who abstains from it will be rewarded, and the one who practices it will not be punished. However, to make a habit of it is considered offensive.
Makruh Tahrimah
Makruh Tahriman or Karaha Tahrimiyya is a command for abstinence that has been established by speculative proof (dalil dhanni). It is closer to the unlawful (haram) and can also be defined as being in diametrical opposition to a Wajib.
Examples:
1) Delaying Asr prayer until the sun changes it's colour;
2) To hasten in offering the various integrals of Salat, such as the two prostrations (sajda) and sitting in between them;
3) Fasting on the day of Eid al-Fitr;
4) The Using of gold or silver utensils for men and women;
5) Buying and selling when the call for prayer (adhan) of Jumu'ah takes place;
Ruling:
Failure to abstain from such acts necessitates a sin and punishment in the hereafter, though the punishment will be of a lesser degree than that for committing a Haram, and abstinence will merit a reward. The one who rejects it to be unlawful will not come out of the fold of Islam, as opposed to Haram.
Note: In the Hanafi Madhab, when the word Makruh or Karaha is mentioned unrestrictedly (mutlaqan), it usually refers to Makruh Tahriman. This is a general principle for which there are exceptions.
The above has been primarily based upon the work of the great Shaykh Abd al-Fattah Abu Ghudda (Allah have mercy on him), taken from his introduction to the Hanafi treatise, Fath bab al-Inayah Sharh Kitab al-Nuqayah).
And Allah knows best
[Mufti] Muhammad ibn Adam
Darul Iftaa
Leicester , UK
Question: What is meant by makruh? Can it be done without any hesitation? What are the conditions in which it can be done? I need a bit explanation.
Answer:
Given the constraints of this forum, I can only provide a brief answer re: the definitions of makruh:
Makruh, according to the hanafi school, is divided into makurh tahrimi, and makruh tanzihi.
Makurh tahrimi is something that the lawgiver has ordered us to refrain from through a zanni (not so categorical) evidence (i.e. khabar wahid or isolated tradition), for example: to propose marriage to a girl to whom another person already proposed; or wearing of silk-clothes by men, etc. The difference between this and haram is: the one who denies haram becomes a kafir (infidel), while a person who denies makruh tahrimi cannot be deemed as a kafir, and the punishment for doing makurh tahrimi is less than the punishment of doing a haraam thing.
Makruh tanzihi, on the other hand, applies to something that the law-giver has ordered us to refrain from, albeit not so firmly: an example for this is consuming the horse meat.
The legal consequence of doing makruh tanzihi is that the one who refrains from it will be rewarded; whereas one who commits it will not be punished.
The definitions vary slightly in the other schools: for instance, in the shafi'i school: makruh tahrimi is that which the lawgiver has ordered us to refrain from it firmly but not as that of haram. The punishment for doing so is less than the punishment for doing haram; example: offering optional prayers while the sun is rising or setting.
As for makurh tanzihi, shafi'ites define it as something which the lawgiver has ordered us to refrain from it not so firmly. Therefore, a person leaving it while seeking reward from Allah will be rewarded for doing so; but he will not incur punishment if he does it. An example is: a pilgrim fasting on the day of Arafah.
For further elaborations, you are advised to take a course on usul al-fiqh under a properly qualified scholar. You may also be able to explore the issue further by reading Muhammad Hashim Kamali's Principles of Islamic Jurisprudence.
Akhi, the difference between the Shafi and Hanafi meaning of Makrooh Tahrimi and Tanzihi are the same?
Takrimi, is forbidden, but not haram and punishment is less so and Tanzihi there is no punishment - the only difference I see is for the Shafi Makrooh Takrimi can be enforced without evidence?
But You are Hanafi, so we take what the Hanafi school has taught and not from the fiqh of other schools. Otherwise you become one who picks and chooses!
This cannot be undone and I am sure it will be greatly appreciated.
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