Fiqh of Ramadaan – 8/30
Conditions of Fasting
Shart (Condition) is a sign or qualification.
In Istilah, it is that whose absence will necessitate non-existence. But its
presence will not necessitate existence nor its non-existence.
And the conditions for the fasting of Ramadaan
to be obligatory with respect to the time of its obligation ([1])
are six: Hence its fasting is obligatory upon every Muslim, Adult, Sane,
Capable, Resident, & Undeterred person.
First Condition: Islaam
The opposite of Islaam is Kufr, hence, a Kaafir
is not obliged to fast nor will it be valid from him, due to the saying of
Allaah:
{وَمَا مَنَعَهُمْ أَن تُقْبَلَ مِنْهُمْ
نَفَقَاتُهُمْ إِلاَّ أَنَّهُمْ كَفَرُواْ بِالله وَبِرَسُولِهِ}
{And what prevents their expenditures from being accepted from
them but that they have disbelieved in Allaah and in His Messenger} ([2])
And the saying of Allaah:
{وَقَدِمْنَا إِلَى مَا عَمِلُوا مِنْ عَمَلٍ
فَجَعَلْنَاهُ هَبَاء مَّنثُورًا}
{ And We will regard what
they have done of deeds and make them as dust dispersed.} ([3])
Neither are the Kuffaar obliged to make the
fasts up when they embrace Islaam, due to the saying of Allaah:
{قُل لِلَّذِينَ كَفَرُواْ إِن يَنتَهُواْ
يُغَفَرْ لَهُم مَّا قَدْ سَلَفَ}
{Say to those who have disbelieved [that] if they cease, what
has previously occurred will be forgiven for them.} ([4])
However, the disbeliever will be punished for
abandoning or rejecting the codes of Islaam, because he is addressed to follow
the fundamentals as well as the sub rulings (Furoo’) of Islaam due to the
saying of Allaah regarding the people of the right hand (Ashaab ul-Yameen) when
they ask about the Mujrimeen (Criminals):
{مَا سَلَكَكُمْ فِي سَقَر * قَالُوا لَمْ
نَكُ مِنَ الْمُصَلِّين * وَلَمْ نَكُ نُطْعِمُ الْمِسْكِين* وَكُنَّا نَخُوضُ
مَعَ الْخَائِضِين * وَكُنَّا نُكَذِّبُ بِيَوْمِ الدِّين * حَتَّى أَتَانَا
الْيَقِين}
{ [They ask them], "What
put you into Saqar?" They will say, "We were not of those who prayed,
nor did we used to feed the poor. And we used to enter into vain discourse with
those who engaged [in it], and we used to deny the Day of Recompense, until
there came to us the certainty."} ([5])
And if he becomes Muslim in the middle of the
day of Ramadaan, he will be commanded to abstain and fast for the rest of the
day, because the moment he accepted Islaam, he became of the people obliged
with fasting ([6]).
Second Condition: Adulthood (Buloogh)
Fasting is not obligatory upon a minor until he
becomes an adult, due to the hadeeth of Ali bin Abi Taalib (radiallah anhu)
that the Prophet (ﷺ)
said:
((رُفع القلم عن ثلاثة: عن المجنون المغلوب
على عقله حتى يفيق، وعن النائم حتى يستيقظ، وعن الصبي حتى يحتلم))
((There are three whose actions are not recorded: a lunatic
whose mind is deranged till he is restored to consciousness, a sleeper till he
awakes, and a boy till he reaches puberty)) ([7])
But the guardians of the children should still
command and encourage them to fast if they are able to, due to the hadeeth of
Ar-Rubay’ bint Mu’awwadh (radiallah anha), she said:
((أَرْسَلَ النَّبِيُّ صلى الله عليه وسلم غَدَاةَ عَاشُورَاءَ
إِلَى قُرَى الأَنْصَارِ " مَنْ أَصْبَحَ مُفْطِرًا فَلْيُتِمَّ
بَقِيَّةَ يَوْمِهِ، وَمَنْ أَصْبَحَ صَائِمًا فَلْيَصُمْ ". قَالَتْ فَكُنَّا نَصُومُهُ بَعْدُ، وَنُصَوِّمُ صِبْيَانَنَا،
وَنَجْعَلُ لَهُمُ اللُّعْبَةَ مِنَ الْعِهْنِ، فَإِذَا بَكَى أَحَدُهُمْ عَلَى
الطَّعَامِ أَعْطَيْنَاهُ ذَاكَ، حَتَّى يَكُونَ عِنْدَ الإِفْطَارِ.))
((The
Prophet (ﷺ)
sent a messenger to the village of the Ansaar in the morning of the day of
'Ashura' (10th of Muharram) to announce: 'Whoever
has eaten something should not eat but complete the fast, and whoever is
observing the fast should complete it.' "She further said, "Since then we used to fast on that day regularly
and also make our boys fast. We used to make toys of wool for the boys and if
anyone of them cried for, he was given those toys till it was the time of the
breaking of the fast.)) ([8])
What determines the adulthood?
Adulthood (Buloogh) is achieved when one or
more of the three things happen for the male, and one of four things for the
female.
First: Ejaculation of Manee (Semen) in the sleep or
while awake.
Second: Growth of pubic hair.
Third: When one becomes fifteen years old.
For the female, there is a fourth factor
that can also determine adulthood, and that is: Menstruation.
So if a person becomes adult while he is in the
state of fasting, he must complete his fast, and it will be rewarded for him
that day as an obligation. So he started the day as having fasted voluntarily
but he ended it as an obligation. This is in case of the one who ejaculated
semen while in sleep, or he became fifteen years of age later in the day, and
so on. But in case of a female, if she became an adult due to the start of
menstruation, then she does not continue her fast until she becomes pure ([9]).
As for the one who becomes an adult in the
middle of the day of Ramadaan while he has not fasted, then it will be
obligatory upon him to abstain from eating and drinking for the rest of the day
([10]).
And Allaah knows best ([11]).
Third Condition: Sanity (Aql)
The opposite to Aql is Junoon or insanity. And
a Majnoon (Insane) person is among the three from whom the pen has been lifted
until he is cured. Ali (radiallah anhu) that the Prophet (ﷺ) said:
((رُفع القلم عن ثلاثة: عن المجنون المغلوب
على عقله حتى يفيق، وعن النائم حتى يستيقظ، وعن الصبي حتى يحتلم))
((There are three whose actions are not recorded: a lunatic
whose mind is deranged till he is restored to consciousness, a sleeper till he
awakes, and a boy till he reaches puberty)) ([12])
So fasting or any other worship is not
obligatory on him nor is it valid.
But if he is one who loses his sanity sometimes
and gains it sometimes, then he is obliged to fast when he is in the state of
sanity.
If he becomes insane during the day of
Ramadaan, his fast does not become invalid, just like the one who loses
consciousness due to sickness or anything else. That is because he intended
fasting while he was in the state of sanity and there is no evidence to say
that his fast will be invalid.
Based on this, it is not obligatory for him to
make up the day in which he gained insanity after having fasted.
And if an insane person gains sanity during the
day of Ramadaan, he is obliged to fast for the rest of the day, because he
became subject to the obligation. And Allaah knows best ([13]).
Fourth Condition: Capability to Fast
The opposite of this is incapability. An
incapable person is not obliged to fast at the time of obligation, but it is
obligatory on him to make it up later on, due to the saying of Allaah:
{فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ عَلَى
سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ}
{And whoever is ill or on a journey – then (he must fast) an
equal number of other days} ([14])
Disabilities are of two types:
1-
Temporary & curable disability, and this is
what the above mentioned verse talks about, such as a sick person who is in
wait to be cured. It is obligatory on him to make up those days when he cures.
2-
Permanent disability which is incurable, such
as a sick person who never gets cured, and a very old person who is unable to
fast. In this case, what’s obligatory is to feed a poor for each day of the
fast ([15]).
Fifth Condition: Residency
Fasting is not obligatory at the time of its
obligation for the one who is traveling, but he does have to make it up later,
due to the same verse mentioned previously.
Sixth Condition: Lack of Obstacles
These include: Menstruation (Hayz) and postpartum
period (Nifaas) special to women. It is not obligatory in these conditions to
fast, in fact, it is not permissible to fast in these two conditions, due to
the saying of the Prophet (ﷺ):
(( ... أليست إذا حاضت لم تُصلِّ ولم تَصُمْ؟
فذلك من نقصان دينها))
((Isn't it true that a woman does not pray and does not fast in
menstruation? And that is a form of deficiency (a loss) in her religion.)) ([16])
And it is obligatory upon her to make up these
days after Ramadaan, due to the saying of Aa’ishah (radiallah anha):
((كان يصيبنا ذلك فنؤمر بقضاء الصوم ولا نؤمر
بقضاء الصلاة))
((We passed through this (period of menstruation), and we were commanded
to complete the fasts (later), but were not commanded to complete the prayers.)) ([17])
Its details will follow later, in-sha-Allaah.
[1] - [The
fasting of Ramadaan has conditions for it to be obligatory and they are of the
following types:
First: The
conditions of its obligation with respect to the time it is due (أداءً)
and they are six as mentioned in the text above.
Second: The
conditions of its obligation with respect to its due time as well as the
requirement of making it up later (أداءً وقضاءً) and they are four. Shaykh ul-Islaam Ibn Taymiyyah said: “It
is obligatory upon every (1) Muslim, (2) Aaqil (sane), (3) Baaligh (Adult), and
(4) Qaadir (Capable), so in this are also included: resident (Muqeem), Traveler
(Musaafir), Healthy, Sick, Pure, Impure, and unconscious. For all of these are
those upon whom fasting is due in their accounts (even if it is later on by
making it up) as they are addressed with fasting and the obligation to act,
either by doing it at the time it is due or by the requirement of doing it later. Among these
are those who are addressed to act on it within
the month by doing it on its due time and they are: the healthy, and the resident with the exclusion of the women
going through menstrual and postpartum periods. And included in them are also
those who are addressed to make them up later on, and they are those in their
menstrual and postpartum periods, the sick person who is unable to fast at the
time but is able to make them up later. Others among them are those who are
given the choice between observing it now or making it up later, and they are
the travelers and the sick who are able to fast within the time of the month
but with difficulty without the fear of harm.” Sharh al-Umdah by Ibn
Taymiyyah (1/41), and see: Al-Muqni’ ma’ Ash-Sharh al-Kabeer wal Insaaf
(7/354), Al-Kaafi (2/219), Manaar as0Sabeel (1/218), & Ar-Rawd al-Murabbi’
(4/282)]
Third: The
conditions of the validity of fasting and they are four: (1) Islaam, (2)
stoppage of the menstrual and post birth blood, (3) Consciousness & Sanity,
(4) Intention. [See, Manaar as-Sabeel (1/218), Al-Mawsoo’ah al-Fiqhiyyah
al-Kuwaytiyyah (28/20-21)]
Four: Conditions of
its acceptance, and they are: Sincerity (Ikhlaas), & the imitation of the
Prophet (ﷺ), and these two conditions are for every act of worship.
[2] - [At-Tawbah
(9:54)]
[3] - [Al-Furqaan
(25:23)]
[4] - [Al-Anfaal
(8:38)]
[5] - [Al-Muddaththir
(74:42-47)]
[6] - [The
Scholars have differed whether he has to make up the day in which he became
Muslim. There are two opinions:
First Opinion: It is obligatory upon him to fast for the rest of the
day and also make up that day later on. This is narrated from Imaam Ahmad, and
it is also the opinion of Ibn al-Maajishoon and Ishaaq bin Raahuwayh, because
he caught up with part of the worship, just like the one who catches up a part
of the prayer or part of the time of prayer. Ibn Qudaamah has chosen this
opinion in al-Mughni (4/415)
Second Opinion: It is not obligatory upon him to make up that day
later on, because he did not catch the period of worship in which he could have
observed it, so he resembles the one who accepted Islaam after the day has
passed. This is the opinion of Imaam Maalik, Abu Thawr, Ibn al-Mundhir, and is
also narrated from Ahmad. Shaykh Ibn Uthaymeen has preferred this view in
Majmoo al-Fataawa (19/76), he said: “So if he accepts Islaam in the middle of
the day, for example, then we say will tell him to abstain from eating and
drinking for the rest of the day but it is not necessary for him to make up
that day later on….” And this is also what Shaykh Abdullah bin Jibreen has given
his verdict by (See, Fataawa Ramadaan (2/665), Al-Mughni by Ibn Qudaamah
(4/415), Sharh al-‘Umdah by Ibn Taymiyyah (1/41), Sharh al-Mumti’ by Ibn
al-Uthaymeen (6/333), & Majaalis Ramadaan by Ibn Uthaymeen (P. 70))]
[7] - [Abu
Dawood (4402), Tirmidhi (1423), Ibn Maajah (2041, 2042), Classed Saheeh by
al-Albaani]
[8] - [Agreed
Upon: Al-Bukhaari (1960), Muslim (1136)]
[9] - [See,
Al-Muqni’ wash-Sharh al-Kabeer wal-Insaaf (7/359-361),
Majmoo Fataawa Ibn Baaz (15/180, 173), Tuhfat ul-Ikhwaan by Ibn Baaz (P. 160,
161)]
[10] - [See,
Majaalis Shahr Ramadaan by Ibn Uthaymeen (P. 74), Majmoo Fataawa Ibn Baaz
(15/173, 180), Tuhfat ul-Ikhwaan Bi-Ajwibah Muhimmah Tata’allaqu Bi-Arkaan
il-Islaam by Ibn Baaz (P. 160)]
[11] - [The
Scholars have differed in the issue of gaining adulthood during the day of
Ramadaan in following opinions:
First Scenario: He becomes adult while he is fasting, there are two
opinion on this:
First Opinion: He completes
his fast and he does not have to make up that day, because the intention to
fast was already there, so it will suffice him as an adult as well. This view
is given by Qaadhi Abu Ya’la among the Hanaabilah. This
view is favored by Shaykh Ibn Baaz, Shaykh Ibn ‘Uthaymeen and others (Majmoo
Fataawa Ibn Baaz: 15/173, 180) & (Majaalis Shahr Ramadaan by Ibn Uthaymeen
(P. 74))
Second
Opinion: He completes the fast for the rest of the day,
but he also has to make up that day. This is adopted by Abu al-Khattaab from
the Hanaabilah. That is because he caught the Ibaadah in its middle after some
of it had passed, so it is necessary upon him to repeat it, that is because the
fast before his adulthood was voluntary which does not suffice as obligatory.
Second Scenario: He
becomes an adult while he was not fasting during the day of Ramadaan. In this
are three opinions:
First
Opinion: He is obliged to observe fast for the rest of
the day, and also make it up later on. Same goes with a Kaafir when he becomes
a Muslim, and an insane when he becomes sane. This is the madhab of Hanaabilah,
Abu Haneefah, Ath-Thawree, Al-Awzaa’ee, Al-Hasan bin Saalih, & Al-‘Anbari.
Second
Opinion: He is neither obliged to fast for the rest of
the day nor is it necessary for him to make it up later. This is one of the
opinions in the Madhab of Ahmad.
Third
Opinion: He is obliged to fast for the rest of the day,
but he does not have to make it up later.
Shaykh ul-Islaam Ibn Taymiyyah said: “The
preferred view is that he is obliged to fast for the rest of the day without
making it up later, due to the hadeeth of ‘Aashoora” Sharh al-‘Umdah (1/56).
Shaykh Ibn Uthaymeen has also favored this view. Majaalis Sharh Ramadaan (P.
74).
For details regarding this whole
discussion, see: Al-Muqni wash-Sharh wal-Isnaaf (7/354-362), Al-Mughni
(4/412-415), Al-Kaafi by Ibn Qudaamah (2/220), Majmoo Fataawa Ibn Baaz (15/173,
180), Tuhfat ul-Ikhwaan by him (P. 160-161), Majaalis Shahr Ramadaan by Ibn
Uthaymeen (P. 70-75), Ash-Sharh al-Mumti’ by him (6/332), Majmoo al-Fataawa by
Ibn Uthaymeen (19/77-79), Nayl al-Awtaar by ash-Shawkaani (3/124-125), Sharh
al-Umdah by Ibn Taymiyyah (1/47, 48, 52, 53, 56), & Kitaab al-Furoo by Ibn
Muflih al-Maqdisi along with Tasheeh al-Furoo’ (4/429-431)]
[12] - [Abu
Dawood (4402), Tirmidhi (1423), Ibn Maajah (2041, 2042), Classed Saheeh by
al-Albaani]
[13] - [Will he
make that day up? In this issue are two opinions of the people of knowledge and
they both are in the form of two narrations from Imaam Ahmad. One is that he
will make up the day in which he gained sanity, and the other is that he will
continue fasting that day but will not make up later, and this seems closer to
the truth.
Shaykh Ibn Uthaymeen
preferred that he is not obliged to make it up, similar to what he said
concerning a minor who gains puberty while not having fasted, and a kaafir when
he becomes Muslim. Majaalis Shahr Ramadaan (P. 75) And see: Al-Mughni (4/415),
Ash-Sharh al-Kabeer wal-Insaaf (7/359), & Sharh al-Umdah by Ibn Taymiyyah (1/47-48)]
[14] - [Al-Baqarah
(2:185)]
[15] - [See,
Ash-Sharh al-Mumti’ by Ibn Uthaymeen (6/333), Majmoo al-Fataawa by him (19/79)]
[16] - [Al-Bukhaari
(304, 1951)]
[17] - [Muslim (335)]
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