Fiqh of Ramadaan – 12/30
Things that Invalidate the Fast
Things that invalidate the fast are as follows:
1- Intercourse
This is the most serious and the most sinful of
the things that invalidate the fast.
Whoever has intercourse during the day in
Ramadaan deliberately and of his or her own free will, in which the two
circumcised parts meet and the tip of the penis disappears in either of the two
passages, has invalidated his fast, whether he ejaculates or not. Allaah (the
most High) said:
{أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ
الرَّفَثُ إِلَى نِسَآئِكُمْ هُنَّ لِبَاسٌ لَّكُمْ وَأَنتُمْ لِبَاسٌ لَّهُنَّ
عَلِمَ الله أَنَّكُمْ كُنتُمْ تَخْتانُونَ أَنفُسَكُمْ فَتَابَ عَلَيْكُمْ
وَعَفَا عَنكُمْ فَالآنَ بَاشِرُوهُنَّ وَابْتَغُواْ مَا كَتَبَ الله لَكُمْ
وَكُلُواْ وَاشْرَبُواْ حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الأَبْيَضُ مِنَ
الْخَيْطِ الأَسْوَدِ مِنَ الْفَجْرِ ثُمَّ أَتِمُّواْ الصِّيَامَ إِلَى
الَّليْلِ}
{It has been made permissible for you the night preceding
fasting to go to your wives [for sexual relations]. They are clothing for you
and you are clothing for them. Allah knows that you used to deceive yourselves,
so He accepted your repentance and forgave you. So now, have relations with
them and seek that which Allah has decreed for you. And eat and drink until the
white thread of dawn becomes distinct to you from the black thread [of night].
Then complete the fast until the sunset} ()
Shaykh ul-Islaam Ibn Taymiyyah rahimahullah
said:
((فأذن في المباشرة فعُقل من ذلك: أن المراد: الصيام من المباشرة،
والأكل والشرب... ))
((So He permitted
intercourse (during the night) from which it is understood that the meaning of
Siyaam (fasting) is to fast or abstain from intercourse, eating, and drinking)) ()
Hence intercourse during the day in Ramadaan,
for the one who is not excused, is Haraam and an invalidator of the fast, due
to evidence from the Book, the Sunnah and the Ijmaa.
As for the Book, then it is what’s mentioned in
the verse above.
As for the Sunnah, Abu Hurayrah (radiallah
anhu) narrates: ((A man came to the Prophet
(peace and blessings of Allaah be upon him) and said, “I am doomed, O Messenger
of Allaah!” He said, “Why are you doomed?” He said, “I had intercourse with my
wife (during the day) in Ramadaan”….)) (). And the Prophet (ﷺ) agreed with him, meaning, he too
considered this act as a cause of doom.
As for the Ijmaa’, then Ibn al-Mundhir
rahimahullah said:
((ولم يختلف أهل العلم أن الله - عز وجل - حرَّم على الصائم في
نهار الصوم: الرَّفث: وهو الجماع، والأكل والشرب))
((The Scholars have not
differed on the fact that Allaah – the mighty and sublime – has prohibited
ar-Rafath during the day for a fasting person, and it means sexual intercourse,
as well as eating and drinking.)) ()
Imaam Ibn Hazm rahimahullah said:
((واتفقوا على أن الأكل لما يُغَذِّي من الطعام مما يستأنف إدخاله
في الفم، والشرب، والوطء حرام ... ))
((And they have agreed
upon the fact that consuming anything that gives nourishment such as food and
drink that are taken by mouth, as well as intercourse, are Haraam…)) ()
So when a fasting person has intercourse, his
fast becomes invalid, whether it is the obligatory fast or the voluntary fast.
Additionally, if it was an obligatory fast, then it is obligatory upon him to
make up this fast as well as offer an expiation for it, due to the hadeeth of
Abu Hurayrah (radiallah anhu):
((بينما نحن جلوس عند النبي صلى الله
عليه وسلم، إذ جاءه رجل فقال: يا رسول الله هلكت. قال: «ما لك؟» قال: وقعت على
امرأتي وأنا صائم، فقال رسول الله صلى الله عليه وسلم: «هل تجد رقبة تعتقها؟» قال: لا، قال: «فهل تستطيع أن تصوم شهرين
متتابعين»، قال: لا، فقال: «فهل تجد إطعام ستين مسكينا». قال: لا، قال: فمكث النبي
صلى الله عليه وسلم، فبينا نحن على ذلك أتي النبي صلى الله عليه وسلم بعرق فيها
تمر - والعرق المكتل - قال: «أين السائل؟»
فقال: أنا، قال: «خذها،
فتصدق به» فقال الرجل: أعلى أفقر مني يا رسول
الله؟ فوالله ما بين لابتيها - يريد الحرتين - أهل بيت أفقر من أهل بيتي، فضحك النبي صلى الله عليه وسلم حتى بدت أنيابه، ثم قال:
«أطعمه أهلك»))
((While we were sitting with the Prophet (ﷺ), a man came and said, “O Allah's Messenger (ﷺ), I am doomed." Allaah's Messenger (ﷺ) asked, “Why
are you doomed?” He replied “I had sexual
intercourse with my wife while I was fasting [in another narration: during
Ramadaan].” Allaah's Messenger (ﷺ)
asked him, “Can you afford to manumit a slave?” He replied in the negative. Allah's Messenger (ﷺ) asked him, “Can
you fast for two successive months?” He
replied in the negative. The Prophet (ﷺ) asked him, “Can
you afford to feed sixty poor people?” He
replied in the negative. The Prophet (ﷺ) kept silent and while we were in that state, a big basket full
of dates was brought to the Prophet (ﷺ). He asked, “Where
is the questioner?” He replied, "I (am
here)." The Prophet (ﷺ)
said (to him), "Take this (basket of dates)
and give it in charity." The man said, "Should
I give it to a person poorer than me? By Allah; there is no family between its
(i.e. Medina's) two mountains which is poorer than me." The Prophet
(ﷺ)
smiled till his premolar teeth became visible and then said, “Feed your family with it.”)) ().
In another narration, it says:
(( ... فأُتي بِعَرِقٍ فيه تمر – قدر
خمسة عشر صاعاً – وقال فيه: ((كُلْهُ أنت وأهل
بيتك وصُمْ يوماً واستغفر الله))
((Then a huge basket
containing fifteen saa's of dates was brought to him. He (ﷺ) said:
“Eat it yourself and your family and keep one fast
(for the day you had intercourse) and beg pardon of Allah”)) ()
A similar narration is also narrated from
Aa’ishah in Saheeh Muslim.
We can extract the following benefits from this
hadeeth:
First: Intercourse during the day in Ramadaan is among
the most heinous of acts that become the cause of one’s doom, because the man
said: “I am doomed” and in another narration, he said: “I am burnt”, and the
Prophet (ﷺ) affirmed his saying.
Second: Whoever has intercourse with his spouse during
the day in Ramadaan, while he is not traveling and is healthy, then four things
become obligatory on him to do:
a)
Offer the binding Kaffaarah (expiation); the
expiation, in order, is to: Free a believing slave, and if he cannot find or
afford it, then: fast for two consecutive months without missing any fast in
between without a valid excuse. And valid reasons include: The days of two
Eeds, The days of Tashreeq (the three days following eed al-adha) (because
fasting in these days is not permissible), or other reasons like: Sickness,
Traveling without the intention to forsake fasting, Menstruation and Nifaas etc.
And if one breaks even one fast during the course of this two months without a
valid reason, then he will have to start fasting all over again from the
beginning, in order to achieve successiveness.
And if he is unable to fast for two
consecutive months, then he should feed sixty poor people, giving each of them
half a saa’ of the local staple food (i.e. 1.5 kg).
b)
He must observe abstinence for the remainder of
the day, in which he had the intercourse, because he broke his fast without a
valid excuse, so there is no meaning of his eating and drinking, nor is it a
concession that he is taking advantage of.
c)
He has to make up the day in place of the day
in which he had the intercourse, due to the narration of Abu Dawood: ((And
fast one day)).
d) He
is obliged to seek repentance and forgiveness from Allaah, due to the saying of
the Prophet (ﷺ)
in the narration of Abu Dawood: ((And beg pardon of Allaah)).
Third: The kaffaarah (expiation) is obligatory on the
one who had intercourse during the day of Ramadaan, deliberately, without an
excuse, no matter he ejaculated or not.
Fourth: The Prophet (ﷺ) was a man of excellent characteristics
and mercy, as he did not punish or even get angry at this man for his crime, on
the contrary, he (ﷺ)
smiled when the man said: “Should I give it to a person poorer than me”, to
which the Prophet (ﷺ)
said: “Feed your family with it”.
Fifth: The one who has intercourse on multiple days
during the daytime in Ramadaan, then he has to offer multiple expiations, one
for each day, and also make up the number of days he had intercourse in () ().
2- Willing Ejaculation of Semen
That may be through kissing, touching,
masturbation, or lustfully looking for the purpose of pleasure and ejaculation,
or anything else (), because this is a part of sexual
desire, and the fast is not valid if it is not avoided.
Due to the hadeeth of Abu Hurayrah (radiallah
anhu) that the Prophet (ﷺ)
said:
((كل عمل ابن آدم يضاعف الحسنة بعشر أمثالها
إلى سبعمائة ضعف، قال الله تعالى: ((إلا الصوم؛ فإنه لي وأنا أجزي به، يدع شهوته
وطعامه من أجلي)). ولفظ البخاري: ((يترك شهوته، وطعامه، وشرابه من أجلي، الصيام لي
وأنا أجزي به، والحسنة بعشر أمثالها))
((Every deed of the son of Adam will be multiplied for him,
receiving anywhere from tenfold up to as many as seven hundredfold rewards (for
each deed). Allaah the most high said: {With the exception of fasting, for it
is for me and I will give the reward for it, for one abandons his desires and
food for My sake.})) And the words of al-Bukhaari are: ((He abandons his
desires, his food, and his drink for My sake; fasting is for me and I will give
the reward for it, and a good deed is rewarded with ten times its reward.)) ()
However, if kissing and touching is not
associated with the ejaculation of manee (semen) then the fast is not
invalidated, due to the hadeeth of Aa’ishah (radiallah anha):
((كان النبي - صلى الله عليه وسلم - يُقَبِّل
ويُباشر وهو صائم، وكان أملككم لإرْبِهِ))
((The Prophet (ﷺ) would kiss and
fondle while fasting (in one narration: during Ramadaan), and he had the most
control of all of you over his desires)) ()
And Umar ibn al-Khattaab (radiallah anhu)
narrates:
هَشَشْت فقبَّلت وأنا صائم، فقلت: يارسول الله! صنعت اليوم أمراً
عظيمًا، قبَّلْتُ وأنا صائم، قال: ((أرأيت لو مَضْمَضْتَ من الماء وأنت صائم؟))
قلت: لا بأس به، قال: ((فَمَهْ؟))
((I got excited, so I kissed (my wife) while I was fasting, I
then said: O Messenger of Allaah, I have done a big deed today; I kissed while
I was fasting. He (ﷺ) said: “What do you think if you rinse your mouth with water
while you are fasting?” I said to him: “There is no harm in it”. He (ﷺ) said: “Then what’s wrong with this?”)) ()
However, if the one fasting fears that he might
ejaculate by kissing or otherwise, or he fears that he might advance into
intercourse due to lack of control in his sexual desires and weakness of his
Eemaan, then it is Haraam for him, in this case, to kiss or fondle, as an
attempt to block the means and protect his fast from invalidating () and to prevent himself from falling
into the disobedience of Allaah. This is why, and Allaah knows best, the
Prophet (ﷺ) forbade the young man who asked him about
fondling (with one’s wife) while fasting, and he allowed it to an older person.
Hence, Abu Hurayrah (radiallah anhu) narrates:
((أن رجلاً سأل النبي - صلى الله عليه وسلم -
عن المباشرة للصائم فرخّص له، وأتاه آخر فسأله؟ فنهاه، فإذا الذي رخّص له شيخ،
والذي نهاه شاب))
((A man asked the Prophet (ﷺ) whether one who was fasting could embrace (his wife) and he
gave him permission; but when another man came to him, and asked him (the same
question), he forbade him. The one to whom he gave permission was an old man
and the one whom he forbade was a youth.)) ()
And this is also why the Prophet (ﷺ) forbade a fasting person from sniffing
water into the nose (during wudoo) excessively due to the fear of water going
into the stomach, which will invalidate the fast. So anything without which an
obligatory act cannot be completed, is also obligatory.
As for ejaculation while sleeping (i.e. seeing
a wet dream) or through mere thinking without acting upon it or intending it,
this does not invalidate the fast, because the wet dream (Ihtilaam) is
something a person has no power over, and merely thinking about it without
acting it or intending it, is forgiven (), due to the saying of the Prophet (ﷺ):
((إن الله تعالى تجاوز لأمتي عما حدّثت به
أنفسها ما لم تعمل أو تتكلم به))
((Verily Allaah has forgiven my Ummah for
what comes to their mind, so long as it is not put into action or words)) ()
3- Eating or Drinking
This invalidates the fast due to evidence from
the Book, the Sunnah and the Ijmaa’.
As for the book, then Allaah says:
{وَكُلُواْ وَاشْرَبُواْ حَتَّى يَتَبَيَّنَ
لَكُمُ الْخَيْطُ الأَبْيَضُ مِنَ الْخَيْطِ الأَسْوَدِ مِنَ الْفَجْرِ ثُمَّ
أَتِمُّواْ الصِّيَامَ إِلَى اللَّيْلِ}
{And eat and drink until the white thread of dawn becomes
distinct to you from the black thread [of night]. Then complete the fast until
the sunset} ()
As for the Sunnah, the Prophet (ﷺ) said in a Hadeeth Qudsi:
(( ... يترك شهوته، وطعامه، وشرابه من أجلي،
الصيام لي وأنا أجزي به، والحسنة بعشر أمثالها))
((… (Allaah says: My slave) leaves his desires, his food, and
his drink, for the sake of Me. (Know) Fasting is for me, and I will give the
reward for it. And every good deed has ten times its reward)) ()
As for the Ijmaa’, the Scholars have
unanimously agreed that the consumption of anything from food and drink that is
used as food and drink invalidates the fast, as for the things that are not
used as food and drink, then the majority of the Scholars are of the view that
it also invalidates the fast ().
Anything that enters the stomach through the
nasal passage, such as intentionally sniffing water deep into the nose, also
invalidates the fast, due to the hadeeth of Laqeet bin Sabirah (radiallah anhu)
who said, I asked: Messenger of Allaah, tell me about wudoo He said:
((أسبغ الوضوء، وخلل بين الأصابع، وبالغ في
الاستنشاق إلا أن تكون صائماً))
((Perform the Wudoo' well, cleanse the base of your fingers and
sniff water deep into the nose except when you are observing fast)) ()
This points to the fact that the nasal passage
opens into the stomach ().
As for sniffing the different kinds of smells or scents then it does not
invalidate the fast because it does not have any substance which may reach the
stomach (). However, there is a difference of
opinion on inhaling (not just smelling) Bukhoor (incense) or steam, as
according to one opinion, it may invalidate the fast because these have
particles which may reach the stomach (), so a fasting person should avoid them,
and Allaah knows best ().
4- Anything that resembles eating and drinking
These are two things:
First: Infusion of blood into the
fasting person:
Such as when a person suffers from loss of
blood or he is bleeding, and he is in need of blood, and he is administered
some blood in his body, then this is something that invalidates the fast. That
is because blood is the ultimate source of nourishment through food and drink,
and when this is achieved by the person through the direct infusion of blood in
his body, it invalidates the fast. Therefore, the body is running on blood, and
if the blood were to diminish, the person would die. And blood is formed from
food and drink, so based on this, it is similar to food and drink. Therefore,
when food and drink are lacking, the body becomes weak and the person may even
die if he is deprived of it completely. The same is true for blood.
Second: Receiving via a needle
(as in the case of a drip) nourishing substances which take the place of food
and drink:
When a person receives a nourishing substance
through injections or via a needle, it invalidates the fast, because this is
the same as food and drink.
As for injections that are not an alternative
to food and drink; rather they are for the purpose of medical treatment – such
as penicillin, insulin, treatments to energize the body, or vaccinations – they
do not affect the fast, whether they are intramuscular or intravenous, because
they are neither food nor drink and they do not also come under the same
meaning as food and drink, so the ruling of food and drink do not apply to them
().
But to be on the safe side, these injections
may be administered at night.
Kidney dialysis, which requires removal of
blood to clean it, then returning it with the addition to the blood of some
chemical and nutritional substances, such as sugars and salts and the like, is
regarded as invalidating the fast ().
Saline solutions that are given to some
patients intravenously do invalidate the fast, because they come under the
heading of nutrients, as they contain salts and fluids that enter the
bloodstream and benefit the body.
Defining what is regarded as nutritional and
non-nutritional, Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: ((The scholars
regarded as invalidating the fast everything that comes under the same heading
as food and drink, such as nutritional injections.
That which energizes the body or heals sickness is not regarded as
nutritional; rather nutritional injections are an alternative to food and
drink. Based on that, all injections that are not alternatives to food and
drink do not invalidate the fast, whether they are administered intravenously
or via injection in the thigh or elsewhere on the body.)) () ().
Using Eye-drops and Ear-drops while fasting:
There is nothing wrong with the fasting person
using ear drops and eye drops, and his fast is not invalidated by that. Some
scholars are of the view that it invalidates the fast if the taste of it can be
felt in the throat, so in order to be on the safe side it is better to avoid
that during the day in Ramadaan, and if the one who feels the taste of it in
his throat repeats that fast, then that is better.
It says in a statement of the Islamic Fiqh
Council (as mentioned above):
((The following things are not regarded as breaking the fast: eye
drops, ear drops, having the ears syringed, nose drops and nasal sprays, so
long as one avoids swallowing anything that may reach the throat))
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have
mercy on him) said:
((Cleaning the teeth with toothpaste or a siwaak does not
invalidate the fast, but the fasting person must avoid letting any of that
reach his stomach, but if it happens without him intending it to, then he does
not have to make up the fast. The same applies to eye drops and ear drops. They
do not break the fast according to the more correct of the two scholarly
opinions, but if he finds the taste of the drops in his throat, he should make
up the fast in order to be on the safe side, but it is not obligatory, because these
are not openings through which food and drink enter the body. But nose drops
are not permissible, because the nose is an opening through which food and
drink may enter the body. Hence the Prophet (peace and blessings of Allaah be
upon him) said: “Snuff water up into the nose deeply, unless you are fasting.
Narrated by al-Tirmidhi (788) and Abu Dawood (142); classed as saheeh by
al-Albaani.
The one who does that has to make up the fast because of this
hadeeth and similar reports, if he finds the taste of that in his throat)) ()
He also said:
((The correct view is that drops do not break the fast, although
there is a difference of opinion among the scholars and some of them said that
if the taste of them reaches the throat then they do break the fast. But the
correct view is that they do not break the fast at all, because the eye is not
an opening through which food reaches the body. But if the one who uses them
and finds the taste of that in his throat repeats the fast in order to be on
the safe side and to avoid an area of scholarly difference of opinion, there is
nothing wrong with that. But the correct view is that they do not break the
fast whether they are eye drops or ear drops)) () ()
Using Asthma Medication while fasting:
There are many kinds of medication for asthma,
some of which break the fast and some do not. The most well-known of these
medicines and treatments are puffers, oxygen, vaporizers and capsules.
1-
Puffer: The puffer uses a compressed gas that is
used by the patient, which reaches the lungs via the trachea to expand the
lungs. It is not food or drink or anything resembling them. The scholars of the
Standing Committee have ruled that the fast is not broken by using this kind of
medicine. This is also the ruling of Shaykh Ibn ‘Uthaymeen and most of our
scholars ().
2-
Oxygen: With regard to oxygen, it too is neither
food nor drink. Based on this, it may be used when fasting with no problems.
3-
Vaporizer: With regard to vaporizers, these are
usually devices which change the medicine – which is usually carried in a
sodium base – from liquid to gas and fine particles. The medicine is placed in
a small vessel and when the device is activated, air is blown at high speed
which causes the medicine to turn into a gaseous form, so it can be inhaled by
the patient either via a mask that is placed over the mouth, or by means of a
small tube that is placed inside the mouth.
It is inevitable that some drops of water
and salt will reach the stomach via this device, and the patient will not be
able to avoid that. Based on this, if he uses this method, he should break his
fast and he should make up that day later on.
4-
Capsule: Capsules contain the medicine in the form
of a fine powder. These capsules are placed inside a special device which crushes
the capsules in order to release the medicine, which is inhaled from the device
via the mouth. Using these capsules invalidates the fast, because some of this
powder mixes with the saliva and goes down into the stomach.
Shaykh Muhammad al-Saalih al-‘Uthaymeen (may
Allaah have mercy on him) was asked: Some people have asthma and need to use
puffers when fasting. What is the ruling on that? He replied:
((Some people are affected by constriction of breathing which is
known as asthma. We ask Allaah to keep us and them safe and sound. Two types of
medicine are used, one of which is known as capsules. This type breaks the fast
because it is a powder that has substance and can enter the stomach. The
fasting person should not use it in Ramadaan except in the case of necessity.
If he uses it in the case of necessity then he has broken his fast and may eat
and drink for the rest of the day, and make up another day in its place. If it
so happens that this sickness is ongoing, then he is like an old man who has to
feed one poor person for each day, and he does not have to fast.
The second type of asthma medicine is a gas which contains nothing
but air which opens the airways so that the person can breathe easily. This
does not break the fast; the fasting person may use it and his fast is valid)) ()
The Shaykh (may Allaah have mercy on him) was
asked: There is a person who has asthma and cannot read Qur’aan without using
oxygen. Can he use it during the day in Ramadaan?
He replied:
((If it is not essential for him to use oxygen, then it is better
for him not to use it. The fasting person is not obliged to read Qur’aan such
that we would say that he should use it in order to read Qur’aan. But some of
those who are afflicted with this sickness say, “I cannot stop using it, and if
I do not use it I fear that I may not be able to breathe.” So we say there is
nothing wrong with using this oxygen, because according to what we have heard
it does not reach the stomach, rather it reaches the veins and makes it easy to
breathe. If that is the case, there is nothing wrong with it.
But there is a type of pill that is given to asthma patients, which
is a capsule that contains powder. It is not permissible to use this when
observing an obligatory fast, because when it is mixed with saliva it reaches
the stomach, in which case it breaks the fast. If a person has to use it, then
he should break his fast and make up that day later on. If he has to use it all
the time, then he should break his fast and feed one poor person for each day.
And Allaah knows best))
()
And Allaah knows best ().
It is appropriate to quote here the text of a
statement made by the Islamic Fiqh Council concerning things that invalidate
the fast in the medical field.
The session of the Islamic Fiqh Council held
during its tenth conference in Jeddah, in the Kingdom of Saudi Arabia, 23-28
Safar 1418 AH (28 June-3 July 1997 CE) – after studying the research presented
to the Council on the topic of what invalidates the fast in the medical field,
and the studies, research and recommendations issued by the ninth Medical Fiqh
Conference held by the Islamic Association for Medical Sciences, in cooperation
with the Council and other bodies in Casablanca, Morocco, 9-12 Safar 1418 AH
(14-17 June 1997 CE), and after listening to the discussion that took place on
this topic with the participation of fuqaha’ and doctors, taking into account
the evidence from the Qur’an and Sunnah, and the views of the fuqaha’ –
has determined the following:
The following things do not have any effect on
the fast:
·
Eye drops, ear drops, ear syringing, nose drops
and nasal sprays – so long as one avoids swallowing any material that may reach
the throat.
·
Tablets or lozenges that are placed beneath the
tongue for the treatment of angina pectoris etc., so long as one avoids
swallowing any material that reaches the throat.
·
Vaginal pessaries, douching, use of a speculum,
or internal digital examination.
·
Introduction of a scope or coil (IUD), etc.,
into the uterus.
·
Introduction of a scope or catheter into the
urethra (male of female), or injection of dyes for diagnostic imaging, or of
medication, or cleaning of the bladder.
·
Drilling of teeth (prior to filling),
extraction or polishing of teeth, using a miswaak or toothbrush, so long as one
avoids swallowing any material that reaches the throat.
·
Rinsing, gargling or applying topical treatment
in the mouth, so long as one avoids swallowing any material that reaches the
throat.
·
Injections, whether subcutaneous,
intra-muscular or intra-venous – with the exception of those used for purposes
of nutrition.
·
Oxygen.
·
Anesthetics, so long as they do not supply
nutrition to the patient.
·
Medicines absorbed through the skin, such as
creams, lotions and patches used to administer medication through the skin.
·
Introduction of a catheter into the veins in
order to examine or treat the vessels of the heart or other organs.
·
Laparoscopy for the purpose of diagnosis or
surgical treatment of the abdominal organs.
·
Biopsies of the liver and other organs, so long
as this is not accompanied by the administration of nutrients.
·
Gastroscopy, so long as this is not accompanied
by the administration of nutrients.
·
Introduction of medicine or instruments into
the brain or spinal cord.
·
Involuntary vomiting (as opposed to
self-induced vomiting) ().
5- Vomiting Deliberately
Deliberately vomiting invalidates the fast,
because of the hadeeth of Abu Hurayrah (radiallah anhu) that the Prophet (ﷺ) said:
((من ذرعه القيء فليس
عليه قضاء، ومن استقى عمداً فليقضِ))
((The one who cannot help vomiting does not have to make up the
fast, but the one who vomits deliberately has to make up the fast)) ()
Imaam Ibn al-Mundhir (rahimahullah) said:
((وأجمعوا على أنه لا شيء على الصائم إذا ذرعه القيء))
((The Scholars are
unanimously agreed that the one who vomits involuntarily does not have to do
anything (as his fast is valid).))
And he said:
((وأجمعوا على إبطال صوم من استقى عامداً))
((And the Scholars are
unanimously agreed that the fast of one who vomits deliberately is invalidated)) ()
Imaam Ibn Qudaamah said:
((معنى استقاء: تقيأ مستدعياً للقيء، وذرعه: خرج من غير اختيار
منه، فمن استقاء فعليه القضاء؛ لأن صومه يفسد به، ومن ذرعه القيء فلا شيء عليه،
وهذا قول عامة أهل العلم، قال الخطابي: لا أعلم بين أهل العلم فيه اختلافاً))
((What is meant by making
oneself vomit is vomiting deliberately, and what is meant by “cannot help
vomiting” is when it happens involuntarily. The one who makes himself vomit has
to make up the fast because his fast has been spoiled, but the one who cannot
help it does not have to do anything. This is the view of the majority of
scholars. Al-Khattaabi said: I do not know of any difference of opinion among
the scholars)) ()
Whoever vomits deliberately by sticking his
finger in his throat, pressing his stomach, deliberately smelling something
nasty or persisting in looking at something that makes him vomit, has to make
up his fast later on.
If he vomits without his deliberate attempt,
then this does not harm his fast. And if his gorge rises, he should not
suppress it, because that will harm him ().
Shaykh Ibn Uthaymeen (rahimahullah) said:
((If a person feels that his stomach is queasy and that its
contents will be expelled, do we say that you have to try to stop it? No. Or
that you have to make it happen? No. Rather we say: Take a middle approach – do
not make yourself vomit and do not try to stop it, because if you make yourself
vomit you will break the fast, but if you try to stop it, that will harm you.
So leave it, and if it comes out without any action on your part, then it will
not matter and that will not break your fast)) ()
Same is true for regurgitation, which is when a
partly digested food or drink comes back up from the stomach to the mouth. If
it comes up from one’s throat then returns back into the stomach involuntarily,
the fast is not invalidated. But if he deliberately swallows it, then that
invalidates the fast. As for when it comes up to his throat without any
deliberate attempt from him and he spits it out, this too will not harm his
fast, and all praise belongs to Allaah ().
6- The blood of Menses and Nifaas
When a woman sees the blood of her period or
nifaas (post-partum bleeding), her fast becomes invalid even if that is one
moment before sunset.
Because of the hadeeth of Abu Sa’eed al-Khudri
(radiallah anhu) that the Prophet (ﷺ) said:
((أليس إذا حاضت لم
تصلِّ ولم تَصُمْ؟))
((Is it not the case that when she gets her period, she does not
pray or fast?))
()
If a woman feels that her period has started
but no blood comes out until after sunset, her fast is still valid ().
If the bleeding of a woman who is menstruating
or in nifaas ceases at night and she has the intention of fasting, then dawn
comes before she does ghusl, the view of all the scholars is that her fast is
valid ().
And it has passed before that women going
through menses and Nifaas have to make up their fasts later on, but they do not
have to make up the prayers, due to the hadeeth of Aa’ishah (radiallah anha),
she said:
((كُنَّا نحيض على عهد
رسول الله - صلى الله عليه وسلم -،فنؤمر بقضاء الصوم ولا نؤمر بقضاء الصلاة))
((We used to menstruate during the lifetime of Allaah’s
Messenger (ﷺ); we were commanded
to make up the fast, but we were not commanded to make up the prayer)) ()
It is preferable for a woman to keep to her
natural cycle and to accept that which Allaah has decreed for her, and not to
take any medicine to prevent her period. She should accept what Allaah has
decreed for her of not fasting during her period, and make up those days later
on. This is what the Mothers of the Believers and the women of the Salaf used
to do (). In addition, it has been medically
proven that these means of preventing menstruation are harmful and many women
have suffered menstrual irregularities as a result. If a woman takes pills and
her period stops as a result, that is fine, she can fast and her fast is
acceptable.
7- The intention of breaking the fast
According to some Scholars, if a person intends
to break the fast and makes the firm determination to do so, when he is
fasting, then he does not find anything with which to break his fast and he
changes his mind again, he has broken his fast and he has to make up that day.
This is based on the fact that actions are by intentions and everyone will have
what he intended for. The Prophet (ﷺ) said:
((Actions are but by intention.
Everyone will get what he intended for)) ()
Niyyah is a pillar of Siyaam, so long as the
intention is accompanied by the fast, the fast is valid, but when one intends
to break his fast, his intention got severed and he invalidated his fast
because of that. Hence, if one intends that his fast is no longer valid, for
him is what he intended, and once it is invalidated, there is no returning back
and he has to make it up. This is the official position of the Hanbali Madhab,
one of the strong narrations in Shaafi’ee Madhab (if not the mu’tamad position),
one of the narrations in Maaliki Madhab and this is also the madhab of Abu
Thawr and Ibn Hazm ().
Al-Mardaawi al-Hanbali rahimahullah said:
((معنى قولهم: من نوى الإفطار أفطر: أي صار كمن لم ينوِ، لا كمن
أكل، فلو كان في نفلٍ ثم عاد ونواه جاز، نص عليه، وكذا لو كان عن نذرٍ، أو كفارةٍ،
أو قضاءٍ، فقطع نيته ثم نوى نفلاً جاز، ولو قلب نية نذرٍ وقضاءٍ إلى نفلٍ كان حكمه
حكم من انتقل من فرض صلاة إلى نفلها على ما تقدم في باب نية الصلاة))
((The meaning of their
saying: “Whoever intended to break his fast, has broken his fast” is that he
becomes like the one who did not make the intention, not like the one who ate.
This is true even for the one who is fasting a voluntary fast, but he changes
his mind and re-forms the intention for a voluntary fast, that is permissible.
This is narrated in the madhab. Similarly, if he was fasting to fulfill a vow,
or as an expiation, or to make up the missed fasts of Ramadaan, and he breaks
his intention then forms the intention of a voluntary fast (instead of the
obligatory ones), that is permissible. Hence, if he changes his intention of
the fast for nazr and qaza i.e. from obligatory to voluntary fast, then his
ruling is the same as that of the one who changes his intention from an
obligatory prayer to a voluntary prayer, as is mentioned before in the chapter:
“Intention of Prayer”)) ()
This is also the opinion favored by Shaykh Ibn
Uthaymeen. However, he did not necessitate invalidation of the fast if the
person is hesitant or he specifies a condition, contrary to the Hanbali
position. Shaykh Ibn Uthaymeen rahimahullah said:
((…when he intended to break the fast, he broke his fast. But if he
had said ‘If I find water I will drink, otherwise I will carry on fasting,’ and
he did not find any water, then his fast is valid, because his intention was
not definite, rather breaking the fast was conditional upon finding something,
but he did not find that thing, so his initial intention remained in effect.)) ()
According to the second opinion, the intention
of breaking the fast does not invalidate the fast as long as the person has not
done something that invalidates the fast such as: eating or drinking etc. This
is the official position of the Shaafi’ee Madhab, the Maaliki Madhab and the
Hanafi Madhab () and it is one of the narrations in
Hanbali Madhab (), and Allaah knows best.
In any case, it is still better to make up this
day to be on the safe side.
8- Apostatizing from Islaam
Whoever becomes an apostate and leaves the fold
of Islaam through his words, actions, beliefs, or doubt, or any of the
nullifiers of Islaam, then his fast becomes invalid, in fact, all of his
righteous acts become invalid, due to the saying of Allaah:
{لَئِنْ أَشْرَكْتَ
لَيَحْبَطَنَّ عَمَلُكَ}
{If you should associate [anything] with Allah, your work would
surely become worthless} ()
Imaam Ibn Qudaamah said: ((We do not know of
any difference of opinion among the Scholars in the fact that the one who apostates
from Islaam in the middle of the fast, he has invalidated his fast))
().
Does cupping (hijaamah) invalidate the fast?
This is one of those
issues in which there is a lot of dispute among the Scholars and the Fuqaha.
That is due to the presence of a number of seemingly contradictory ahadeeth in
this issue, some of which point to one thing while some point to another. This
issue is disputed upon in two well-known opinions:
First
Opinion: Cupping does not invalidates the fast:
This is the opinion of a
number of Sahaabah including: Abdullah bin Mas’ood, Ibn Abbaas, Ibn Umar, Anas
bin Maalik, Sa’d bin Abi Waqqaas, Al-Husayn bin Ali, Abu Sa’eed al-Khudri, Abu
Hurayrah, Aa’ishah, & Zayd bin Arqam, as we will discuss later. And among
the Taabi’een, this is the opinion of: Abu Abdur Rahmaan as-Sulami, Mujaahid, Abu Waa’il, Ibn Sireen, Sa’eed
bin al-Musayyab, Urwah bin az-Zubayr, Al-Qaasim bin Muhammad, Saalim bin
Abdullah, Sa’eed bin Jubayr, Sha’bee, Tawoos, Ikrimah, Ibraaheem an-Nakha’ee
& Ataa bin Abi Rabaah (according to one narration from him).
And among the Fiqhi
Schools of thought, this is the madhab of: Sufyaan ath-Thawree, Abu Haneefah,
Maalik bin Anas, Shaafi’ee, Abu Thawr, Dawood az-Zaahiri and others. And this
is also the opinion of Ibn Hazm, and this is what Al-Bukhaari has also inclined
towards in his Saheeh. And this is the view favored by Ash-Shawkaani and
As-Sana’aani.
Their evidences are as
follows:
Evidence # 1: Hadeeth of
Ibn Abbaas: “The Prophet was cupped while he was fasting”
Ibn Abbaas (radiallah
anhu) narrates:
((أحتجم النبي صلي الله
عليه وسلم وهو صائم))
((The
Prophet (ﷺ) was cupped while he was fasting)) ()
In another wording:
((أحتجم النبي صلي الله
عليه وسلم وهو صائم وأحتجم وهو محرم))
((The Prophet (ﷺ) was cupped while he was fasting and he
was cupped while he was in Ihraam)) ()
In another wording:
((أحتجم النبي صلي الله
عليه وسلم وهو صائم محرم))
((The Prophet (ﷺ) was cupped while he was fasting and
wearing Ihraam)) ()
This hadeeth is Saheeh and is narrated by
several people from Ibn Abbaas through several routes.
Evidence # 2: Hadeeth of Anas: “Abu Taybah
cupped the Prophet (ﷺ) while he was fasting”
Anas bin Maalik (radiallah
anhu) said:
((مر بنا أبو طبية
فقال: «حجمت النبي صلى الله عليه وسلم، وهو صائم»))
((Abu Taybah passed by us and he said: “I
cupped the Prophet (ﷺ) while he was fasting”)) ()
Evidence # 3: Hadeeth of
Abu Sa’eed al-Khudri: “A fasting person was permitted with regard to cupping
and kissing”
Abu Sa’eed al-Khudri
(radiallah anhu) narrates:
((رخص رسول الله صلي
الله عليه وسلم في القبلة وفي الحجامة للصائم))
((The
Messenger of Allaah (ﷺ) gave the concession to kiss (one’s wife)
and do Hijaamah for a fasting person)) ()
In another wording, Abu
Sa’eed said:
((رُخِّصَ للصائم في
الحجامة والقبلة))
((The fasting person was given the concession to do Hijaamah and
to kiss (his wife).))
()
This hadeeth is Saheeh. Some Scholars have
objected by saying that Ishaaq al-Azraq is alone in narrating it from Sufyaan
as Marfoo’ while others have narrated it as the saying of Abu Sa’eed.
This can be answered by saying that Ishaaq
al-Azraq is Thiqah and his hadeeth is authenticated by Ad-Daaraqutni and
others. Moreover, Ishaaq al-Azraq is not alone in narrating it from Sufyaan,
Abu Abdur Rahmaan al-Ashja’ee has also supported him in this as in the second
narration. Moreover, it is also narrated through another route from al-Mu’tamar
bin Sulemaan from Humayd from Abu al-Mutawakkil, from Abu Sa’eed as Marfoo’ as
well ().
Some people objected that the second wording of
the hadeeth mentioned above, does not mention that it is from the Prophet, so
it is Mawqoof.
The answer to that is, this is in passive form,
i.e. Abu Sa’eed said: “Rukhkhisa” (It was made permissible i.e. by the Prophet),
not “Rakhkhasa” (He made it permissible). This is an indication that it is from
the Prophet (ﷺ)
and not the saying of Abu Sa’eed alone.
In addition, the word Rakhkhasa without the
passive form would not even make sense because a Sahaabi cannot give the
concession to anything by himself, so to say that Abu Sa’eed gave the
concession is a mistake. This is why, Shaykh Albaani rahimahullah said:
((إسناده صحيح....وليس صريحا في الوقف بل هو إلى الرفع أقرب لأنه
مثل قول الصحابي: أمرنا بكذا ونهينا عن كذا ونحو ذلك فهو مرفوع على الصحيح من أصول
الحديث))
((Its chain is Sahee… and
it is not clear in being Mawqoof, rather it is more closer to being Marfoo’
because it is similar to the saying of a Sahaabi: “We were commanded to do
this” and “We were forbidden from that”, and similar words. Therefore, this is
Marfoo’ according to the correct opinion from the Principles of Hadeeth)) ()
Therefore, the objection that it is not Marfoo’
is also wrong.
Evidence # 4: Hadeeth of Abdur Rahmaan bin Abi
Layla that the Prophet (ﷺ) did not prohibit Hijaamah for the fasting
person:
Abdur Rahmaan bin Abi
Layla (rahimahullah) narrates:
((حدثني رجل، من أصحاب
النبي صلى الله عليه وسلم، «أن رسول الله صلى الله عليه وسلم نهى عن الحجامة
والمواصلة ولم يحرمهما إبقاء على أصحابه» فقيل له: يا رسول الله، إنك تواصل إلى
السحر، فقال: «إني أواصل إلى السحر، وربي يطعمني ويسقيني»))
((A companion from the companions of the
Prophet (ﷺ) narrated to me that the Messenger of
Allaah (ﷺ) prohibited cupping and perpetual fasting,
but he had not made them unlawful showing mercy on his Companions. Thereupon he
was asked: Messenger of Allaah, you observe perpetual fast till dawn. He
replied: I observe perpetual fast till dawn (for) my Lord gives me food and
drink.))
In another wording:
((«إنما نهى النبي صلى
الله عليه وسلم عن الوصال في الصيام، والحجامة للصائم» إبقاء على أصحابه ولم
يحرمهما))
((The Prophet (ﷺ) prohibited perpetual
fasting and cupping for the fasting person as a mercy upon his companions, but
he did not declare them unlawful (Haraam))) ()
From this hadeeth, we can
deduce the following benefits:
1-
The Prophet (ﷺ) deemed it makrooh for his companions to do Hijaamah because of
the fear of weakness while fasting, but he did not declare it Haraam.
2-
Cupping while fasting is
merely permissible (mubaah) which does not invalidate the fast, as Abu Sa’eed
also said in the previous hadeeth, “Its concession was given for the fasting
person”, and it is not something that a fasting person is recommended to do.
3-
Both Abu Sa’eed al-Khudri
and the Companion in this hadeeth are narrating the ruling to their students
after the death of the Prophet (ﷺ), which means
this is not something they considered to be abrogated, rather they are
informing about the ruling of the Prophet (ﷺ) that he
maintained as he left this world.
4-
The Prophet (ﷺ) was the most merciful to his companions, and he did not want
any difficulties for his nation.
Evidence # 5: The Athaar of Sahaabah
What further strengthens the view that the
permissibility of cupping was the final ruling of the Prophet (ﷺ) is the fact that his companions continued
having hijaamah while fasting and giving verdicts in its permissibility even
after the death of the Prophet (ﷺ).
1-
Athar of Sa’d bin Abi Waqqaas (radiallah
anhu):
Ibn Shihaab (rahimahullah) said:
((أن سعد بن أبي وقاص
وعبد الله بن عمر كانا يحتجمان وهما صائمان))
((Sa’d bin Abi Waqqaas and Abdullah bin Umar used to be cupped
while fasting))
()
2-
Athar of Zayd bin Arqam (radiallah anhu)
Yoonus bin Abdullah al-Jarmi narrates
from Deenaar who said:
((حجمت زيد بن أرقم وهو
صائم))
((I cupped Zayd bin Arqam while he was fasting)) ()
3-
Athar of Umm Salamah (radiallah anha)
It is narrated from the servant of Umma
Salamah:
((أنه رأي أم سلمة
تحتجم وهي صائمة))
((He saw Umm Salamah getting cupped while
she was fasting)) ()
4-
Athar of Aa’ishah
(radiallah anha)
Umm ‘Alqamah said:
((كنا نحتجم عند عائشة
ونحن صيام وبنو أخي عائشة فلا تنهاهم))
((We used to be cupped near Aa’ishah while
we were fasting, as well as the children or Aa’ishah’s brother, but she did not
prohibit them)) ()
5-
Athar of Ibn Umar
(radiallah anhu)
Maalik narrates from
Naafi’ who narrates from Ibn Umar (radiallah anhu) that:
((كان يحتجم وهو صائم
قال ثم ترك ذلك بعد فكان إذا صام لم يحتجم حتى يفطر))
((He used to be cupped while he was
fasting. Later on, he abandoned this practice, so he would not get cupping done
until he broke his fast)) ()
Ibn Abdil Barr
rahimahullah said: ((He only left cupping while fasting later on because of what got
into him)) () meaning, weakness
due to old age.
And al-Zarkaani
rahimahullah said: ((This was due to the fear of weakness because of old age)) ()
6-
Athar of Anas bin
Maalik (radiallah anhu)
Shu’bah and others
narrated from Thaabit al-Bunaani who said, I asked Anas bin Maalik (radiallah
anhu)
((أكنتم تكرهون الحجامة
للصائم؟ قال: «لا، إلا من أجل الضعف»))
((Did you [i.e., the Companions of the Prophet] dislike cupping
for a fasting person?’ He said, ‘No [not for a religious reason], except for
fear of weakness.’)) ()
Note that Anas (radiallah anhu) has
mentioned it as a general ruling of all of the Sahaabah without any exception.
So this is like the Ijmaa of Sahaabah.
7-
Athar of Abu Hurayrah (radiallah anhu)
Thawr bin ‘Afeer narrates that I asked
Abu Hurayrah (radiallah anhu) about the fasting person having hijaamah, he
said:
((يقولون أفطر الحاجم
والمحجوم ولو احتجمت ما باليت أبو هريرة القائل))
((They say that the one cupping and the one being cupped have
broken their fast, but if I were to be cupped, I would not mind. (The narrator
said) these are the words of Abu Hurayrah) ()
And Aasim bin Sulemaan narrates, I asked
Abu Hurayrah about a man who is cupped while he is fasting. He said:
ارأيت إن غشي عليه ؟
((What do you think if he loses consciousness?)) ()
From the previous narration, we come to
know that Abu Hurayrah did not consider Hijaamah to be an invalidator of fast,
as for the second narration, then this only points to the fact that if one
becomes weak because of hijaamah, it is something undesirable. This also
corroborates with the saying of Anas mentioned above.
8-
Athar of Abu Sa’eed al-Khudri (radiallah
anhu)
Humayd narrates from Abu al-Mutawakkil,
he asked Abu Sa’eed about cupping for a fasting person, so he said:
((لا بأس بالحجامة
للصائم))
((There is nothing wrong with cupping for a fasting person)) ()
9-
Athar of Ibn Mas’ood
(radiallah anhu)
Muslim bin Sa’eed said: I asked Ibn
Mas’ood about cupping for a fasting person and he said:
((لا بأس بها))
((There is nothing wrong with it)) ()
10-
Athar of Al-Hasan
bin Ali (radiallah anhuma)
Sha’bee rahimahullah narrates:
((الحسن بن علي احتجم
وهو صائم))
((Al-Hasan bin Ali got cupped while he was fasting)) ()
11-
Athar of Al-Husayn bin Ali (radiallah
anhuma)
Sha’bee (rahimahullah) said:
((احتجم حسين بن علي بن
أبي طالب وهو صائم))
((Husayn bin Ali bin Abi Taalib got cupped while he was
fasting)) ()
12-
Athar of Mu’aadh bin Jabl (radiallah
anhu)
Jubayr bin Nufayr narrates:
((أن معاذاً احتجم وهو
صائم))
((Mu’aadh was cupped while he was fasting)) ()
13-
Athar of Ibn ‘Abbaas (radiallah anhuma)
Ad-Dahhaak rahimahullah said:
((عن ابن عباس أنه لم
يكن يرى بالحجامة للصائم بأسا))
((Ibn Abbaas did not see anything wrong with cupping for a
fasting person)) ()
And at-Tabaraani narrates from Ibn
Uyaynah from Husayn from Ikrimah from Ibn Abbaas that he said:
((لا بأس بالحجامة
للصائم إنما كره من أجل الضعف))
((There is nothing wrong with cupping for a fasting person, it
was only disliked due to fear of weakness)) ()
Second
Opinion: Cupping invalidates the fast:
This is the opinion of
Ahmad bin Hanbal, Ishaaq bin Raahuwayh, Abdur Rahmaan bin Mahdi, Al-Awzaa’ee,
Ibn al-Mundhir, Ibn Khuzaymah, Al-Haakim. And it is also narrated from Al-Hasan
al-Basri, Masrooq bin al-Ajda’ & Ataa bin Abi Rabaah (according to one
narration from him).
Their evidences are as
follows:
Evidence # 1: Hadeeth: “The
one cupping and the one being cupped have invalidated their fast”
Shaddaad bin Aws (radiallah anhu) narrates:
((أنه مر مع رسول الله
صلى الله عليه وسلم زمن الفتح على رجل يحتجم بالبقيع لثمان عشرة خلت من رمضان وهو
آخذ بيدي، فقال: "أفطر الحاجم والمحجوم"))
((During the days of the Conquest of Makkah, he passed with the
Messenger of Allaah (ﷺ) by a man at al-Baqee’ on the 18th of Ramadaan who
was cupping; the Prophet (ﷺ) was holding my hand, and he said: “The one cupping and the one
being cupped have broken their fast”)) ()
Some of the Scholars have considered this
hadeeth to be mutawaatir including As-Suyooti in Al-Jaami’ and in al-Azhaar
al-Mutanaathirah, as well as Az-Zubaydee and al-Kattaani. Ibn Katheer said: ((This hadeeth is
narrated from a group of Sahaabah who are more than ten in number through
various routes)) ()
This hadeeth is also narrated from Thawbaan (), Raafi’ bin Khadeej (), Abu Moosa al-Ash’aree (), Usaamah bin Zayd (), Ali bin Abi Taalib (), Aa’ishah (), Abu Hurayrah (), Ibn Abbaas (), Bilaal bin Rabaah (), Ma’qil bin Sinaan (), Sa’d bin Abi Waqqaas (), Ibn Umar (), Sa’d bin Maalik, Anas bin Maalik,
& Abu Zayd al-Ansaari and others – may Allaah be pleased with them all.
However, the Scholars of
the first opinion have answered this hadeeth by saying that it is abrogated
(Mansookh) due to the evidences mentioned above. The evidences of its abrogation
(or the proofs that it was a ruling that preceded the Prophet’s ruling of its
allowance) are as follows:
1-
Ibn ‘Abbaas’s saying
that the Prophet (ﷺ) was cupped in
the state of Ihraam and while he was fasting:
This hadeeth is
mentioned previously under the proofs of the first opinion. Ibn ‘Abbaas was a child when he
accompanied the Prophet (ﷺ)
and he only accompanied the Prophet (ﷺ) for about 30 months or 2.5 years (). And he did not see the Prophet (ﷺ) in the state of Ihraam except in the last
Hajj near his death, so this is a proof that what he narrated from the Prophet
(ﷺ) about having being cupped in the state of
Ihraam and while fasting was after this hadeeth of Shaddaad.
2-
Anas bin Maalik’s testimony that this
hadeeth was before the Prophet (ﷺ) got cupped while fasting
Abu Sufyaan narrates from Abu Qilaabah
that Anas (radiallah anhu) said:
((«أن النبي صلى الله
عليه وسلم احتجم» بعد ما قال: «أفطر الحاجم والمحجوم»))
((The Prophet (ﷺ) was cupped after he said: “The one cupping and the one being
cupped have broken the fast”)) ()
This narration is also supported by the
fact that Anas bin Maalik (radiallah anhu) himself did not see anything wrong
with cupping after the death of the Prophet (ﷺ) and he narrated it from all of the
Sahaabah.
3-
The Act and Words of Sahaabah after the
Death of the Prophet (ﷺ)
One of the strongest proofs of the
abrogation of this hadeeth is the fact that all of the Sahaabah saw nothing
wrong with cupping while fasting as we saw in their athaar above. Some of these
Sahaabah who allowed cupping while fasting also include those very Sahaabah who
also narrated this hadeeth, which clearly proves that they did not pay any
attention to this hadeeth that they themselves had narrated. The Sahaabah who
narrated this hadeeth and still allowed cupping while fasting are: Anas bin
Maalik, Abu Hurayrah, Aa’ishah, Sa’d bin Abi Waqqaas, & Ibn Abbaas
(radiallah anhum), while Anas has mentioned it as a general practice of all of
the Sahaabah.
This is why, the following Scholars have
declared this hadeeth to be abrogated:
1-
Ash-Shaafi’ee ()
2-
Ibn Hazm al-Andalusi ()
3-
Abu Bakr al-Bayhaqi ()
4-
Al-Khattaabi ()
5-
Ibn Abdil Barr al-Andalusi ()
6-
Ibn Daqeeq ul-‘Eed ()
7-
Abu Hafs Ibn Shaaheen ()
8-
Abu Bakr al-Haazimi ()
9-
Burhaan ud-Deen al-Ja’bari ()
10-
Al-Mundhiri ()
11-
Badr ud-Deen al-Aynee al-Hanafi ().
Evidence # 2: Athaar of Sahaabah:
1-
Athar of Abu Moosa al-Ash’aree (radiallah
anhu)
Abu Raafi’ narrates, I came to Abu Moosa
and he was being cupped during the night, so I said: “Why didn’t you do this
during the day?” He replied:
((«تأمرني أن أهريق دمي
وأنا صائم؟»))
((Are you telling me to spill my blood while I am fasting?)) ()
This athar is not in contradiction with
the athaar of other Sahaabah mentioned above. The most that this narration
indicates is that Abu Moosa disliked being cupped while fasting, and so did
many of the other Sahaabah due to the fear of weakness as we saw above in the
saying of Anas bin Maalik (radiallah anhu), but there is nothing in this that
supports the view that cupping or taking the blood out renders the fast invalid.
2-
Athar of Ali bin Abi Taalib
Al-Hasan al-Basri narrates that Ali
(radiallah anhu) said:
((أفطر الحاجم
والمحجوم))
((The one cupping and the one being cupped have broken their
fast)) ()
However, this narration is weak as
Al-Hasan al-Basri did not hear anything from Ali (radiallah anhu). Moreover,
Al-Hasan al-Basri has contradicted himself a lot in the narration of this
hadeeth. He sometimes narrates it as a saying of Abu Hurayrah, sometimes he
narrates it as the saying of Thawbaan and so on. Moreover, he sometimes
narrates it as Mawqoof and sometimes as Marfoo’, and sometimes he expresses his
doubts himself. Whereas, we know from above that this is authentic originally
as the saying of the Prophet (ﷺ)
i.e. Marfoo and not as Mawqoof. Therefore, taking evidence from this is not
correct, because this is the same hadeeth of the Prophet (ﷺ) represented wrongfully as the saying of
Ali.
Conclusion:
Consequently, the scholars have disagreed on
whether cupping is permissible for a fasting person or not. The majority of
them are of the opinion that it is, and that the Hadeeths that run contrary to
that are abrogated by those narrations that indicate its permissibility. This
opinion was supported by almost all of the Sahaabah. And the majority of the kibaar
Taabi’een also held this view. Likewise, this view is held by the three Imaams:
Maalik, Abu Haneefah and Ash-Shaafi‘ee may Allaah have mercy upon them.
On the other hand, Imaam Ahmad opined that
cupping invalidates the fast; this was the stance taken by Shaykh Al-Islam Ibn
Taymiyyah and his disciple Ibn Al-Qayyim (rahimahumullah). The Permanent
Committee for Research and Iftaa’ (issuance of religious rulings) in Saudi
Arabia and the majority of Saudi scholars also chose this opinion [as theirs].
The first opinion, as we saw above, appears to
be the more correct of the two. Imaam Shawkaani rahimahullah said:
((حَدِيثُ ابْنِ أَبِي لَيْلَى وَأَنَسٍ وَأَبِي سَعِيدٍ يَدُلُّ
عَلَى أَنَّ الْحِجَامَةَ غَيْرُ مُحَرَّمَةٍ وَلَا مُوجِبَةٍ لِإِفْطَارِ
الْحَاجِمِ وَلَا الْمَحْجُومِ؛ فَيُجْمَعُ بَيْنَ الْأَحَادِيثِ بِأَنَّ
الْحِجَامَةَ مَكْرُوهَةٌ فِي حَقِّ مَنْ كَانَ يَضْعُفُ بِهَا، وَتَزْدَادُ
الْكَرَاهَةُ إذَا كَانَ الضَّعْفُ يَبْلُغُ إلَى حَدٍّ يَكُونُ سَبَبًا
لِلْإِفْطَارِ، وَلَا تُكْرَهُ فِي حَقِّ مَنْ كَانَ لَا يَضْعَفُ بِهَا، وَعَلَى
كُلِّ حَالٍ تَجَنُّبُ الْحِجَامَةِ لِلصَّائِمِ أَوْلَى، فَيَتَعَيَّنُ حَمْلُ
قَوْلِهِ: »أَفْطَرَ الْحَاجِمُ
وَالْمَحْجُومُ« عَلَى الْمَجَازِ؛ لِهَذِهِ الْأَدِلَّةِ
الصَّارِفَةِ لَهُ عَنْ مَعْنَاهُ الْحَقِيقِيِّ))
((The Hadeeth of Ibn Abi
Layla, Anas and Abu Sa’eed prove that cupping is neither Haraam nor is it a
reason for the invalidation of the fast of the one cupping and the one being
cupped.
So all these ahadeeth can be reconciled by saying that
Hijaamah/Cupping is Makrooh (disliked) for the one who will end up having
weakness because of it, and this Karaahat (Dislikeness) would increase even
more when the weakness caused by cupping reaches up to a level where it may
become the cause of a person breaking his fast. But it is not disliked
(Makrooh) for the one who will not be weakened by it.
In any case, it is still better for a fasting person to avoid
cupping. Moreover, the saying of the Prophet (ﷺ): “The one cupping and
the one being cupped have broken their fast” will be understood as being
metaphorical due to all these evidences that divert it from its original
meaning)) ()
·
If the fasting person bleeds profusely, against
his will, because of an accident or a wound, his fast remains sound, unless he
subsequently feels the need to break it due to weakness. In such a case, he
will be like the sick person, i.e., he should break his fast and make up for it
later.
·
The ruling of cupping also applies to blood
donation, which should be done at night. However, if there is a need for blood
and giving it may save the life of another person, it is permissible in such a
case. And the fast will remain valid, in-sha-Allaah.
And Allaah knows best.
