Fiqh of Fasting1430 H/2009

Taught by: Hacene Chebbani

Meaning of Fasting

• ” إنسّي�ا الّيوم أكلم فلن صوما للرحمن نذرت إني “فقولي

•Fasting in the Month of Ramadan is one of the pillars of Islam.•Fasting means in Arabic “Siyaam” or “Sawm”. The linguistic meaning of these two words is “abstinence”.•Allah (SWT) has commanded Mariam (pbuh) to say:

Definition of Sawm

• “…say, ‘Indeed, I have vowed to the Most Merciful abstention, so I will not speak today to any man’. 19/26

• Her fast was not to speak.• Technical Definition of Fasting:• “It is to serve Allah with abstinence from

that which nullifies the fast from dawn till sunset.”

Arkan of Sawm (Pillars of Fasting)

• What are the Arkan of Fasting?

1. To make an intention to fast the next day from the night before.

2. To abstain from food, drink and intimacy from dawn till sunset.

• Time of Fasting:

• Fasting starts from the real dawn break until sunset.

Time of Fasting

• People used to be commanded to ignore the Adhaan of Bilal ® and start fasting with the Adhaan of Ibn Um Maktoum. (Real Fajr).

• Sunset takes place when the disk of the sun disappears in the horizon. The disappearance of the brightness is not a criteria.

Types of Fast.

• There are six types of fast:

1. Specific Obligatory (Fard) Fast: This one can be divided into two kinds of fast.

a) To fast the whole month of Ramadan once a year.

b) To vow to perform a fast on a specific day/date for the sake of Allah, upon the fulfillment of a wish. (Nadhr)

Types of Fast

2. Non-specific obligatory (Fard) fast: This one can be divided into three categories.

a) The obligation to make up a fast missed in the month of Ramadan.

b) To vow to make a fast without the appointment of any date for the sake of Allah. (Non-specific nadhr)

c) The fast which is ordained on someone for breaking qasam (oath) [Kaffaratu al-Yameen]

Types of Fast

3. Highly Recommended Fast:They are the types of fast which the Prophet (pbuh) kept and encouraged people to observe. (9th/10th of Muharram, the 9th of Thul-Hijjah)

4. Recommended Fast:All types of fast besides fard (obligatory) and highly recommended ones are mustahab fast. (Fasting on Mondays/Thursdays).

Types of Fast

5. Disliked (Makrouh) Fast:Some types of fast are not encouraged in Sharia’h like fasting only on Fridays or Saturdays.

6. Prohibited Fast:It is haraam to fast on five days during the year. They are: Eid al-Fitr, Eid al-Adha, and three days after Eid al-Adha.

Wisdom behind Diversity

• Allah (SWT) has prescribed a variety of acts of worship upon His servants.

• Salah: A physical act of worship

• Sawm: A physical act of worship

• Zakat: A financial act of worship

• Hajj: is both physical and financial act of worship.

Wisdom behind Diversity

• The hikmah is to test the believers. – Some people will keep doing what is easy for them

and ignore the rest of the Ibadaat.– Others will do what they like and desire and ignore

the rest of acts of worship.– The real believers will try their best to fulfill the

command of Allah and do whatever they are supposed to do without personal preferences. They do not pick and select, rather they completely submit their will to the Will of their Creator.

When do We start the Fasting?

• Muslims have to start the fasting of Ramadan when they see the new moon. Allah says which means: “So whoever sights the new moon of the month, let him fast it.” 2/185

• If they do not see it the night before the 30th of Sha’baan, then they have to complete the month of Sha’baan and start fasting the day after.

Continued

• The 30th of Sha’baan is called “Yawm as-Shak”. (the day of doubt).

• We are not allowed to perform a fast on this day. Hadith: “None of you should fast a day or two before the month of Ramadan, except for a man who has an established practice. He should fast that day.” (B/M)

Continued

• If the clouds prevent people from seeing the new moon, then they should complete the month of Sha’baan (30 days).

• The new moon has to be seen after sunset.

• What to follow: the local or the international moon sighting?

Moon Sighting

• First Opinion:• People have to follow the international moon sighting. If

a group of Muslims see it in one area, every Muslim who knew about their sighting has to follow them.

• Proof: Hadith: “Fast when you see the new moon, and break your fast when you see it.” (B/M)

• Their analysis is that the Messenger is addressing the whole Ummah. Unity between members of the Muslim Ummah will be reinforced if we follow this opinion. This is the choice within the Hanbali school and the opinion of many Hanafi scholars.

Moon Sighting

• Second Opinion:• The obligation falls only upon those who have

seen the new moon and the ones who live in the surrounding areas. This is the choice of as-Shafie’ school and Ibn Taymiah.

• Proofs: Ayah: “So whoever sights the new moon of the month, let him fast it.” 2/185

• Analysis: The people who did not see it or are not able to see it, are not under the obligation to fast.

Moon Sighting

• 2nd Proof: Hadith: “Start your fasting when you see the new moon, and break you fast when you see it.” (B/M)

• Analysis: Fasting is based on the sighting of the moon, so the people who did not see it, or are unable to see, they do not have to fast. Every local community has to have its own sighting and that was the understanding of Abdullah bin Abbas ®.

• 3rd Proof: Muslims have different daily timings for Fajr and Maghrib. They should have different monthly timings for fasting and Iftaar.

Moon Sighting

• Third Opinion: People have to follow the khalifa (Muslim Leader) even if they think that he did a mistake, they should not show any disagreement to avoid the fitna. This is the choice of some Maliki scholars.

• Proof: Hadith: “Celebrate Eid al-Fitr when people start their celebration, and celebrate the Eid of sacrifice when people start their celebration.” (Tirmithi/Shaafie’ in his Musnad).

Important Notes

1. People may start their fast with the sighting of one reliable (with good ability to see) and trustworthy person. Proof: Hadith: Abdullah bin Umar® said: “I informed the Prophet (pbuh) about seeing the new moon so he started his fast and commanded people to start fasting.” (Abu dawood/al-Hakim/others). It was classified as sahih by albaani.

Important Notes

2. People can not start their Eid celebration unless two reliable and trustworthy people testify that they have seen the new moon of Shawwal.

3. Most of the scholars said that the sick person is not allowed to break his fast in Ramadan unless the sickness is severe.

Important Notes

4. The following conditions are to be observed:

- Sickness will be made worse/recovery is delayed.

- Fasting will cause intense hardship

- Those who fear to become sick because of fasting are included. Their fear has to be founded on a medical advise (The instructions of a Non-Muslim doctor are also accepted).

Important Notes

5. The permission is not subject to the condition that he reaches a point where he is unable to fast.

6. The person who is slightly sick (light cold, headache or minor toothache) and does not suffer any obvious hardship is not allowed to break his fast.

7. Fasting could be haraam for someone who is suffering from a major disease, and fasting will cause him some harm.

Important Notes

8. Those with permanent disease who have no hope for recovery, they should feed a poor for every day they miss.

9. The ransom is half a Sa’a of the local food. That is equal to 1.5 kg from dates, rice or something else.1.5 kg of rice for every day they miss. They should add to it some meat. The Second Option: They invite 30 people at the end of Ramadan for Iftaar, lunch or diner. That was the practice of Anas bin Malik ®.

What invalidates the fast and what does not?

• A nosebleed does not affect the fast.• Induced vomiting invalidates the fast.

Natural vomiting does not.• Meningitis vaccination, flu shots and other

non-nutritional types of vaccination, do not invalidate the fast.

• Smoking invalidates the fast.• Nasal sprays do not affect the fast. Doing

them during night time is more safer.

Continued

• If the fasting person rinses his mouth and cleans his nose and some water goes down into his throat by accident, then this does not break his fast.

O Allah, enable us to reach the month of Ramadan and grant us success in it.

Ameen