Category Archives: Fiqh

The Fiqh of Fasting.

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All praise is due to Allah and may the peace and blessings of Allah be upon his Messenger his family and his followers. As to what proceeds:
Since Ramadan is approaching and may be tomorrow or Thursday I wanted to write some information about fasting during the month. However, I will not be writing about these issues in detail with the different evidences and differences of opinion. It is just some pointers so that we would get through our day in fasting.
As for the first issue, it is important to define what fasting is according to the scholars. And from this we will extract the other issues in fasting.
Fasting according to the Arabic language means to abstain.
And according to the terminology of the scholars it means:
“To abstain from anything that breaks the fast (Al Muftiraat) from the Dawn until Sunset (During Ramadan) with the intention of gaining closeness to Allah.”

From this definition we extract the Conditions of fasting, the pillars of fasting and we can also go into the Sunan of Fasting.
As for the conditions of fasting they refer to the following:
The one upon whom it is compulsory to fast and they are:
  1. Islam
  2. The one who is sane
  3. The one who has reached the age of puberty
  4. The one who has the ability to do so
As for Islam it excludes the Kaafir. And the actions of the Kaafir are not accepted.

As for the one who is sane this excludes the insane. And the fast of the insane is not correct.

As for puberty it is a condition for it being obligatory. However, if a child fasts below the age of puberty his fast is correct, and this was the way of the Salaf as narrated in Saheeh Al Bukhari.
As for the ability it excludes the following:
  • The one who is terminally ill. In this case he feeds a poor person for every day.
  • The woman who is mentruating or has post natal bleeding. In that case she is not to fast at all however she makes up the fast on other days. As in the Hadeeth of A’isha in Saheeh Al Bukhari.
  • The woman who is breastfeeding or pregnant. She has the choice of either fasting or not fasting. If she does not fast she makes it up on other days. And this is what some of the scholars have noted.
  • The one who is either sick or travelling. And they can either fast or make it up on other days.
Another condition is the time. And the time of fasting is during the Month of Ramadaan. Therefore it is not a condition to fast a specific month outside the month of Ramadaan.
Also the fasting should be from Dawn until Sunset. Therefore it is not compulsory to stop five or ten minutes before the break of dawn because of the statement of Allah:
“And eat and drink until the white thread of dawn becomes distinct from the black thread (of night).”

And in fact, making it compolsury to stop the Sahuur five or ten minutes before dawn is seen as an innovation as said by Shaikh Bassam (one of the students of Shaikh Sa’di and contemporaries of Shaikh Uthaimeen) in his book Tayseer Ul ‘Alaam.
From the conditions also is the intention. One must have the intention to fast before dawn of every day. As the Prophet said: “The one who does not intend by the night has no fast.”

However, as for making the intention aloud or making a specific intention verbally then this is not from the Sunnah of the Messenger and there is no Hadeeth to substantiate this. Rather the place of the intention is the heart. And his actions itself shows his intentions i.e if a person wakes up before dawn and eats the Sahuur and then stops at dawn it shows his intention to fast. And Allah knows best.
Additionally the fasting person must intend to stay away from all the things that break the fast and they are the following:
1. Eating on purpose
2. Drinking on purpose
3. Vomiting on purpose
4. Masturbating with semen coming out.

The first three if done unintentionally do not break the fast. However, if all are done intentionally a day must be made up for it.
5. Sexual intercourse
If this is done one has to either free a female slave (which we do not have), fast sixty days straight or feed 60 people and they have to make up the day in which they did the deed.
As for masturbation and sexual intercourse as Shaikh Al Albani said: “I cannot see how this can be done unintentionally.” And Allah knows best.
As for other than this then there are differences of opinion.
Pillars of Fasting:

Fasting has two pillars which is to stay away from any of the Muftiraat (that which breaks the fast) between dawn and sunset. And the second pillar is that the intention should remain during the period of fasting.
Sunan of Fasting:
1. The Sahuur (Sehri, pre-dawn meal)
2. Delaying it until the dawn
3. Hurrying the breaking of the fast (after the sun has set)
4. Breaking the fast upon half ripe dates (Rutab), if not dates (Tamr) if not water.
5. Spending one’s day in the worship of Allah from Du’a and reading the Qur’an.
Things hated while fasting:
1. Doing things that can leading to breaking the fast like kissing one’s wife (for the youth).
2. Backbiting and slandering.
3. Ignorant behaviour.
If someone is fasting his eyes, ears and his tongue should fast as Jaabir said.
Taraweeh:
The Prophet said: “Whoever stands with the Imam in faith and hope then the standing in the night will be written for him.”

Therefore in a Masjid where 8 is prayed one should pray 8. And in a Masjid where 20 is prayed one should pray the 20 as it is an issue of difference of opinion among the scholars and it is a Khilaaf Mu’tabar (a difference of opinion where both sides have strong evidences.) And the Manhaj of the Salaf in terms of this type of difference is not to seperate from each other.
We find that some of the Salaf believed that eating camel meat broke wuduu and some believed that it did not. However, this did not prevent them from praying behind each other.
And in this time Shaikh Al Albani who said that placing the hands on the chest after Rukuu’ is an innovation still placed his hands on his chest in the same instance when he used to pray behind the Shaikh Ibn Baaz .
Therefore, we should adopt the attitude of being open-hearted when it comes to fiqh issues where both sides have strong evidences and we should not adopt an antagonistic attitude to the one who adopts another view.
And Allah ta’ala knows best.
If I was correct then it was from Allah and if I said anything that was incorrect or needed addition it was from myself and the Shaitaan and I say to feel free to add any extra benefits in terms of the Fiqh in Ramadan.
As for the way I arranged it I benefitted from a book called Mudhakirah As Siyaam by Shaikh Muhammad Ibn Abdul Wahhab Al Wassabi Al ‘Abdali Al Yemeni.
And one thing to note is that we fast this month in order to gain the fear of Allah ta’ala and in order to gain piety. So I ask Allah to help us to make maximum use of this Ramadaan, to change our lives for the better and to help us to use the Ramadaan as a fuel for the rest of the year.
Ameen, Wa Subhanakallahuma Wa Bihamdik. Ashadu An Laa Ilaha Illa Anta Astaghfiruka Wa Atuubu Ilaik.

Fatwa by the Lajnah Ud Da’imah on breaking the fast.

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Question Number two from Fatwa number 3594

Question 2: A man saw the moon of Ramadaan in his country and began the fast. Then he travelled to another country and he was in the 28th Day of Ramadan and the people of that country saw the moon of Shawaal. Should he pray with them on Eid with the fact that he has fasted only 28 days?

Answer: The point in beginning the fast of Ramadan is seeing the moon in his region in its direction the day he is in his country. And also this is the case of Fitr (Eed) hence the point in seeing the moon of Shawwal in the country where he travelled.  And upon this it is compulsory for him to break his fast and pray eid with those in the country where the moon of Shawwal was seen and he is within them. And he makes up for the days he missed in fasting until his fast goes up to 29 days. Because a month can either be 29 or thirty days.

And with Allah is the guidance, and may peace be unto the Messenger and his family and his followers.

Head: Shaikh Abdul Azeez Ibn Baaz

Vice- Head: Abdur Razzaq Al Afeefi

Member: Abdullah Ibn Ghudaiyaan

Member: Abdullah Ibn Qa’uud.

لسؤال الثاني من الفتوى رقم ( 3594 )

س2: رجل رأى هلال رمضان في بلده وبدأ الصوم، ثم سافر إلى بلد آخر ودخل عليه 28 رمضان وأهل تلك البلدة رأوا هلال شوال، فهل يصلي معهم العيد مع أن مدة صيامه 28 يومًا؟

ج2: العبرة في بدء صيام رمضان برؤية الهلال في مطلعه بجهته يوم كان في بلده، وكذلك الحال في الفطر فتعتبر رؤية هلال شوال في البلد الذي سافر إليه، وعلى ذلك يجب أن يفطر ويصلي العيد مع من في البلد الذي رئي فيه هلال شوال، وهو بين أظهرهم، ويقضي ما نقص من أيام صومه حتى يكون ما صامه تسعة وعشرين يومًا؛ لأن الشهر يكون 29 أحيانًا و30 أحيانًا.

وبالله التوفيق وصلى الله على نبينا محمد وآله وصحبه وسلم.

اللجنة الدائمة للبحوث العلمية والإفتاء

عضو عضو نائب رئيس اللجنة الرئيس
عبد الله بن قعود عبد الله بن غديان عبد الرزاق عفيفي عبد العزيز بن عبد الله بن باز

Tayammum

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Tayammum in the language means to intend.

According to Islamic terminology it is the use of pure dirt as a replacement for water on specific joints for major or minor impurity.

(i) Use of pure dirt: Meaning that one cannot make Tayammum with faeces or urine.

(ii) As a replacement for water (And this occurs in two instances)
(1) When water that purifies is not present.
(2) When one is unable to use water due to
sickness, fear and the like.

Description of Tayammum: One places his hands on the dirt and then blows some of the dirt off from his hands. Then wipes his face and his hands up to his wrists.

Wuduu

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What is Wuduu?

Wuduu is an act which:

i) Water that purifies is used (which is water that three things are not changed: its smell, its colour and its taste). Not water that is mixed with a pure substance or water that is mixed with an impure substance (that changes these three descriptions)

ii) Is done in specific sequence. As the Prophet (Salallahu alaihi wa sallam) did it.

iii) Becomes compulsory with Minor Hadath (Hadath is what makes Wuduu compulsory like urine, stool, deep sleep etc).

iv) Becomes compulsory when the time for compulsory prayer approaches (if one has done an action which breaks Wuduu). Also if one wants to make non compulsory prayer and doesn’t have Wuduu he must make Wuduu

Steps in Wuduu:

1) To make the intention. This is done within the heart. Saying it loud is in fact an innovation since there is nothing in the book and the Sunnah that shows that one can say his intention for Wuduu loudly. The Prophet (Salallahu alaihi wa sallam) said: “Verily actions are by intentions”.

2) Saying Bismillah Ar Rahmaan Ar Raheeem.

3) Washing the hands up to the wrists three times.

4) Washing the face three times. Included in this is the mouth and the nose (meaning rinsing the mouth and washing the nostrils).

5) Washing the arms further than the elbow three times.

6) Wiping the head once (as narrated in Saheeh Bukhari and Muslim). And what is included in this are the ears. And the method in wiping the ears is by using the index fingers to wipe inside the ears and using the thumbs to wipe outside of it.

7) Washing the feet three times letting the water reach above the ankle. And this includes washing between the toes also.