SYARI'AH (FIQH) FASTING
Fasting (As-siyam)
As-Siyam generally means “to abstain from something.” For example, a verse in the Qur’an says: “I have vowed to the Merciful to abstain–that is, from speaking.
What is meant here is abstaining from food, drink, and sexual intercourse from dawn until sunset with the explicit intention of doing so (for the sake of Allah).
Fasting, according to Five Schools of Islamic Law by ‘AIlamah Muhammad Jawad Maghniyyah. Translated from the Arabic by Mujahid Husayn From: Al-Tawhid Vol. IX No. 4 April – June 1992
Fasting in the month of Ramadhan is one of the ‘Pillars’ of the Islamic faith.
It was declared an obligatory duty (fard) in the second year of the Hijrah upon each and every mukallaf (one capable of carrying out religious duties, i.e. a sane adult) and breaking it (iftar) is not permissible except for any of the following reasons:
1. Hayd and nifas: The schools concur that fasting is not valid for women during menstruation and puerperal bleeding.
2. Illness: The schools differ here. The Imamis observe: Fasting is not valid if it would cause illness or aggravate it, or intensify the pain, or delay recovery, because illness entails harm (darar) and causing harm is prohibited (muharram).
Moreover, a prohibition concerning an ‘ibadah (a rite of worship) invalidates it. Hence if a person fasts in such a condition, his fast is not valid A predominant likelihood of its resulting in illness or its aggravation is sufficient for refraining from fasting. As to excessive weakness, it is not a justification for iftar as long as it is generally bearable. Hence the extenuating cause is illness, not weakness, emaciation or strain, because every duty involves hardship and discomfort.
The four Sunni schools state: If one who is fasting (saum) falls ill, or fears the aggravation of his illness, or delay in recovery, he has the option to fast or refrain. Iftar is not incumbent upon him; it is a relaxation and not an obligation in this situation. But where there is likelihood of death or loss of any of the senses, iftar is obligatory for him and his fasting is not valid.
3. A woman in the final stage of pregnancy and nursing mothers.
The four schools say: If a pregnant or nursing woman fears harm for her own health or that of her child, her fasting is valid though it is permissible for her to refrain from fasting. If she opts for iftar, the schools concur that she is bound to perform its qada later. They differ regarding its substitute (fidyah) and atonement (kaffarah). In this regard the Hanafis observe it is not at all wajib. The Malikis are of the opinion that it is wajib for a nursing woman, not for a pregnant one.
The Hanbalis and the Shafi’is say: Fidyah is wajib upon a pregnant and a nursing woman only if they fear danger for the child; but if they fear harm for their own health as well as that of the child, they are bound to perform the qada only without being required to give fidyah. The fidyah for each day is one mudd, which amounts to feeding one needy person (miskin).
4. Travel, provided the conditions necessary for salat al-qasr, as mentioned earlier, are fulfilled as per the opinion of each school. The four Sunni schools add a further condition to these, which is that the journey should commence before dawn and the traveller should have reached the point from where salat becomes qasr before dawn. Hence if he commences the journey after the setting in of dawn, it is haram for him to break the fast, and if he breaks it, its qada will be wajib upon him without a kaffarah.
The Shafi’is add another condition, which is that the traveller should not be one who generally travels continuously, such as a driver. Thus if he travels habitually, he is not entitled to break the fast. In the opinion of the four Sunni schools, breaking the fast is optional and not compulsory. Therefore, a traveller who fulfils all the conditions has the option of fasting or iftar. This is despite the observation of the Hanafis that performing salat as qasr during journey is compulsory and not optional.
5. Old people, men and women, in late years of life for whom fasting is harmful and difficult, can break their fast, but are required to give fidyah by feeding a miskin for each fast day omitted. Similarly a sick person who does not hope to recover during the whole year. The schools concur upon this rule excepting the Hanbalis, who say: Fidyah is mustahabb and not wajib.
Disappearance of the Excuse:
If the excuse permitting iftar ceases such as on recovery of a sick person, maturing of a child, homecoming of a traveller, or termination of the menses – it is mustahabb in the view of the Imamis and the Shafi’is to refrain (imsak) from things that break the fast (muftirat) as a token of respect. The Hanbalis and the Hanafis consider imsak as wajib, but Malikis consider it neither wajib nor mustahabb.
The Intention
Allah instructs in the Qur’an: “And they are ordained nothing else than to serve Allah, keeping religion pure for Him.” The Prophet, upon whom be peace, said: “Actions are judged according to the intention behind them, and for everyone is what he intended.”
The intention must be made before fajr and during every night of Ramadhan. This point is based on the hadith of Hafsah which reported that the Prophet said: “Whoever does not determine to fast before fajr will have no fast” (that is, it won’t be accepted). This is related by Ahmad, an-Nasa’i, at-Tirmidhi, Abu Dawud, and Ibn Majah. Ibn Khuzaimah and Ibn Hibban have classified it as sahih.
The intention is valid during any part of the night. It need not be spoken, as it is in reality an act of the heart which does not involve the tongue. It will be fulfilled by one’s intention to fast out of obedience to Allah and for seeking His pleasure.
If one eats one’s pre-dawn meal (sahoor) with the intention of fasting and to get closer to Allah by such abstinence, then one has performed the intention. If one determines that one will fast on the next day solely for the sake of Allah, then one has performed the intention even if a pre-dawn meal was not consumed.
Muftirat:
The muftirat are those things from which it is obligatory to refrain during the fast, from dawn to sunset.
They are:
1. Eating and drinking (shurb) deliberately. Both invalidate the fast and necessitate qada in the opinion of all the schools, though they differ as to whether kaffarah is also wajib. The Hanafis and the Imamis require it, but not the Shafi’is and the Hanbalis.
A person who eats and drinks by an oversight is neither liable to qada nor kaffarah, except in the opinion of the Malikis, who only require its qada. (Included in shurb [drinking] is inhaling tobacco smoke)
2. Sexual intercourse, when deliberate, invalidates the fast and makes one liable to qada and kaffarah, in the opinion of all the schools.
The kaffarah is the manumission of a slave, and if that is not possible, fasting for two consecutive months; if even that is not possible, feeding sixty poor persons. The Imamis and the Malikis allow an option between any one of these; i.e. a mukallaf may choose between freeing a slave, fasting or feeding the poor. The Shafi’is, Hanbalis and Hanafis impose kaffarah in the above-mentioned order; i.e. releasing a slave is specifically wajib, and in the event of incapacity fasting becomes wajib. If that too is not possible, giving food to the poor becomes wajib.
As to sexual intercourse by oversight, it does not invalidate the fast in the opinion of the Hanafis, Shafi’is and Imamis, but does according to the Hanbalis and the Malikis.
3. Seminal emission (al-’istimna’): There is consensus that it invalidates the fast if caused deliberately. The Hanbalis say: If madhy is discharged due to repeated sensual glances and the like the fast will become invalid.
The four schools say: Seminal emission will necessitate qada without kaffarah.
4. Vomiting: It invalidates the fast if deliberate, and in the opinion of the Imamis, Shafi’is and Malikis, also necessitates qada. The Hanafis state: Deliberate vomiting does not break the fast unless the quantity vomited fills the mouth. Two views have been narrated from Imam Ahmad. The schools concur that involuntary vomiting does not invalidate the fast.
5. The intention to discontinue the fast: If a person intends to discontinue his fast and then refrains from doing so, his fast is considered invalid in the opinion of the Imamis and Hanbalis; not so in the opinion of the other schools.
Fasting, using the tooth stick [brush]
It is preferred for the fasting person to use a tooth stick or a brush. There is no difference if he uses it at the beginning or the ending of the day. At-Tirmidhi affirms that: “Ash-Shafhi did not see anything wrong with using a tooth stick [brush] during the beginning or the ending of the day.” The Prophet would use his tooth stick [brush] while fasting.
Fasting, the fasting person can eat, drink until just before Fajr
If someone has food in his mouth when fajr is beginning, he should spit it out. If he is having intercourse (with his wife) at that time, he should immediately stop. If he does so, his fast will still be valid. If he continues in these actions at that time, he will have broken his fast. Al-Bukhari and Muslim record from Aishah that the Prophet said: “Bilal makes the call to prayer while it is still night; therefore, eat and drink until Ibn Umm Maktum makes the call to prayer.”
Sniffing up and blowing out water three times
Abu Hurairah reported that the Prophet, upon whom be peace, said, “When one of you performs ablution, he should sniff water up his nostrils and then blow it out.” (Related by al-Bukhari, Muslim and Abu Dawud.).
The sunnah is to put the water into the nostrils with the right hand and blow it out with the left. ‘Ali once called for water for ablution, rinsed his mouth, sniffed up water into his nostrils and blew it out with his left hand. He did that three times and then said, “That is how the Prophet, upon whom be peace, would purify himself.” (Related by Ahmad and an-Nasa’i.).
This sunnah is fulfilled by putting water into the mouth and nostrils in any way. The practice of the Prophet was to do both acts at the same time. ‘Abdullah ibn Zaid said, “The Prophet would rinse his mouth and nose with just one hand (at one time, together). He did that three times.” In one narration it says, “He would rinse his mouth and nose with three scoops of water.” (Related by al-Bukhari and Muslim.). It is also sunnah to be plentiful (with water) while performing this sunnah, except if one is fasting. Laqit asked the Prophet, “Inform me about your ablution.” He replied, “Complete and perfect the ablution and (put water) between your fingers. Use lots of water while sniffing it up your nostrils, unless you are fasting.” (Related by “the five.” At-Tirmidhi said it is sahih.)
Hastening in breaking the fast
It is preferred for the fasting person to hasten in breaking the fast when the sun has set. Sahl ibn Sad reported that the Prophet said: “The people will always be with the good as long as they hasten in breaking the fast.” This is related by al-Bukhari and Muslim.
The fast should be broken with an odd number of dates or, if that is not available, with some water. Anas reported: “The Messenger of Allah would break his fast with ripe dates before he would pray. If those were not available, he would eat dried dates. If those were not available, he would drink some water.” This hadith is related by Abu Dawud and by al-Hakim, who called it sahih, and by at-Tirmidhi, who called it hassan.
Sulaiman ibn ‘Amr reported that the Prophet said: “If one of you is fasting, he should break his fast with dates. If dates are not available, then with water, for water is purifying.” This is related by Ahmad and by at-Tirmidhi, who called it hassan sahih.
The preceding hadith also shows that it is preferred to break the fast in the above manner before praying. After the prayer, the person may continue to eat, but if the evening meal is ready, one may begin with that. Anas reported that the Messenger of Allah said: “If the food is already presented, eat before the sunset prayer and do not eat your meals in haste.” This is related by al-Bukhari and Muslim.
Fiqh us Sunnah: Fasting, doubt concerning the time of fajr
If one is in doubt whether or not the time of fajr has begun or not, he may continue to eat and drink until he is certain that it is fajr. He should not base his action on doubt or suspicion. Allah has made the signs for beginning the daily fast very clear and unambiguous. Allah enjoins (upon the believers) in the Qur’an: “Eat and drink until the white thread of the dawn becomes distinct from the black thread [of the night].”
A man said to Ibn ‘Abbas: “I eat until I suspect that its time has ended so I stop. Ibn ‘Abbas observed: “Continue to eat until you are certain about the time.” Abu Dawud reported that Ahmad ibn Hanbal said: “If you have some doubt about fajr, eat until you are sure dawn has come.” This is the opinion of Ibn ‘Abbas, ‘Ata, al’Auza’i, and Ahmad.
An-Nawawi informs that: “The followers of ash-Shafai agree that one may eat if he is uncertain whether dawn has come or not.”
Fasting, the time for the pre-dawn meal
The time for the pre-dawn meal is between the middle of the night and dawn. It is -considered best to delay it (that is, as close to dawn a possible). Zaid ibn Thabit reported: “We ate the pre-dawn meal with the Messenger of Allah and then we got up for the prayer. He was asked: ‘What was the amount of time between the two?’ He responded: ‘[The time it would take to recite] fifty verses.’ ” This is recounted by al-Bukhari and Muslim.
‘Amr ibn Maimun adds: “The companions of Muhammad, upon whom be peace, would be the first to break the fast and the last to eat their pre-dawn meals.” This is recorded by al-Baihaqi with a sahih chain.
Abu Dharr al-Ghafari related that the Prophet said: “My nation will always retain some goodness as long as they hasten breaking the fast and delay eating the pre-dawn meal.” This hadith has in its chain one Sulaim ibn Abu Uthman who is unknown.
Fasts of Atonement (Kaffarah):
The fasts of atonement are of various kinds. Among them are atonement fasts for involuntary homicide, fasts for atonement of a broken oath or vow, and atonement fasts for zihar. These atonement fasts have their own rules, which are discussed in the related chapters. Here we shall discuss the rules applicable to a person fasting by way of kaffarah for not having observed the fast of Ramadhan.
The Shafi’is, Malikis and Hanafis say: It is not permissible for a person upon whom fasting for two consecutive months has become wajib consequent to deliberately breaking a Ramadhan fast to miss even a single fast during these two months, because that would break their continuity. Hence, on his missing a fast, with or without an excuse, he should fast anew for two months.
The Hanbalis observe if he misses a fast due to a legitimate excuse, the continuity is not broken.
The Shafi’is, Malikis and Hanafis state: If a person is unable to offer any form of kaffarah, he will remain liable for it until he comes to possess the capacity to offer it, and this is what the rules of the Shari’ah require.
The Hanbalis are of the opinion that if he is unable to give kaffarah, his liability for the same disappears, and even in the event of his becoming capable of it later, he will not be liable to anything.
The schools concur that the number of kaffarahs will be equal to the number of causes entailing it. Hence a person who breaks two fasts will have to give two kaffarahs. But if he eats, drinks or has sexual intercourse several times in a single day, the Hanafis, Malikis and Shafi’is observe: The number of kaffarahs will not increase if iftar occurs several times, irrespective of its manner.
The Hanbalis state: If in a single day there occur several violations entailing kaffarah, if the person gives kaffarah for the first violation of the fast before the perpetration of the second, he should offer kaffarah for the latter violation as well, but if he has not given kaffarah for the first violation before committing the second, a single kaffarah suffices.
The Doubtful Days:
There is consensus among the schools that imsak is obligatory upon one who does not fast on a “doubtful day” (yawm al-shakk) that later turns out to be a day of Ramadhan, and he is liable to its qada later.
Where one fasts on a doubtful day that is later known to have been a day of Ramadhan, they differ as to whether it suffices without requiring qada.
The Shafi’is, Malikis and Hanbalis schools observe: This fast will not suffice and its qada is wajib upon him.
In the opinion of the Hanafis, it suffices and does not require qada.
Most Imamis state: Its qada is not wajib upon him, except when he had fasted with the niyyah of Ramadhan.
Reprehensible (Makruh) Fasts:
It is mentioned in al-Fiqh ‘ala al-madhahib al-’arba’ah that it is makruh to single out Fridays and Saturdays for fasting. So is fasting on the day of Now Ruz (21st March) in the opinion of all the schools except the Shafi’is, and fasting on the day or the two days just before the month of Ramadhan.
It has been stated in Imamis books on fiqh that it is makruh for a guest to fast without the permission of his host, for a child to fast without the permission of its father, and when there is doubt regarding the new moon of Dhu al-Hijjah and the consequent possibility of the day being that of ‘Id.
Refraining from performing any actions that do not befit the fasting
Fasting is a type of worship that draws one closer to Allah. Allah has prescribed it to purify the soul and to train it in good deeds. The fasting person must be on guard against any act that may cause him to lose the benefits of his fast. Thus, his fast will increase his Allah-consciousness, and Allah says in the Qur’an: “O you who believe, fasting is prescribed for you as it was prescribed for those before you so perchance you may attain Allah consciousness.”
Fasting is not just refraining from eating and drinking, but it is also refraining from everything else that Allah has forbidden. Abu Hurairah reported that the Prophet said: “Fasting is not [abstaining] from eating and drinking only, but also from vain speech and foul language. If one of you is being cursed or annoyed, he should say: “I am fasting, I am fasting.” This is related by Ibn Khuzaimah, Ibn Hibban, and al-Hakim. The latter said that it is sahih according to Muslim’s criterion.
Abu Hurairah also reported that the Prophet, upon whom be peace, said: “Allah does not need the fast of one who does not abandon false speech or acting according to his false speech.” This is related by the group, except for Muslim.
Abu Hurairah narrated that the Prophet said: “Perhaps a fasting person will get nothing from his fast save hunger, and perhaps the one who stands to pray at night will get nothing from his standing except sleeplessness.” This is related by an-Nasa’i, Ibn Majah, and al-Hakim. The latter said that it is sahih according to Al-Bukhari’s criterion.
