Fiqh of Ramadaan – 11/30
Those who are excused for breaking the fast during the day of Ramadaan

Those who are excused in Ramadaan are of the following types:

1-   A Sick Person

First: The Meaning of Sickness (Al-Mardh)

Al-Mardh & As-Suqm refer to sickness or ailment and is the opposite of health and well-being (Sihhah). Al-Mardh & As-Suqm are used for both the body as well as the religion, just as Sihhah can be used for both the body and religion. Sickness of Heart is referred for anything that brings a person out of the state of well-being in the religion. And the root of al-Mardh is: Al-Nuqsaan (deficiency). When it is said: A sick body, it means the deficiency of strength, and when it is said: A sick Heart, then it means the deficiency of Deen. So Al-Marz in heart is negligence from the truth; and in the bodies, it is weakness of the organs ([1]).

Also, Al-Mardh (pl. Amraadh): is corruption of the mizaaj (nature/state of mind) and deterioration of the well-being after its stability. And Maradh al-Mawt (Sickness of Death) is: the cause that the Doctors attest as the cause or ailment of death ([2]).

Thus, based on this, Al-Mareez (Sick) is the one whose health is deteriorated, no matter it effects only a part of his body or the whole body ([3]).

Second: A sick person should uphold patience (Sabr):

It is important that the sick should be patient and hope for Allaah’s reward for what he is going through. Allaah (swt) says:

{إِنَّمَا يُوَفَّى الصَّابِرُونَ أَجْرَهُم بِغَيْرِ حِسَاب}

{Indeed, the patient will be given their reward without account} ([4])

And He (swt) said:

{مَا أَصَابَ مِن مُّصِيبَةٍ إِلاَّ بِإِذْنِ الله وَمَن يُؤْمِن بِالله يَهْدِ قَلْبَهُ}

{No disaster strikes except by permission of Allaah. And whoever believes in Allah - He will guide his heart} ([5])

And He (swt) said:

{وَلَنَبْلُوَنَّكُمْ بِشَيْءٍ مِّنَ الْخَوفْ وَالْجُوعِ وَنَقْصٍ مِّنَ الأَمَوَالِ وَالأنفُسِ وَالثَّمَرَاتِ وَبَشِّرِ الصَّابِرِين * الَّذِينَ إِذَا أَصَابَتْهُم مُّصِيبَةٌ قَالُواْ إِنَّا لله وَإِنَّا إِلَيْهِ رَاجِعون * أُولَئِكَ عَلَيْهِمْ صَلَوَاتٌ مِّن رَّبِّهِمْ وَرَحْمَةٌ وَأُولَئِكَ هُمُ الْمُهْتَدُون}

{And We will surely test you with something of fear and hunger and a loss of wealth and lives and fruits, but give good tidings to the patient, Who, when disaster strikes them, say, "Indeed we belong to Allah, and indeed to Him we will return." Those are the ones upon whom are blessings from their Lord and mercy. And it is those who are the [rightly] guided} ([6])

And the Prophet (ﷺ) said:

((عجباً لأمر المؤمن إنَّ أمره كله خير، وليس ذلك لأحد إلا للمؤمن، إن أصابته سرّاءُ شكر فكان خيراً له، وإن أصابته ضرّاءُ صبر فكان خيراً له))

((How wonderful is the case of a believer; there is good for him in everything and this applies only to a believer. If prosperity attends him, he expresses gratitude to Allah and that is good for him; and if adversity befalls him, he endures it patiently and that is better for him)) ([7])

Abdullah bin Mas’ood (radiallah anhu) narrates that the Prophet (ﷺ) said:

((ما من مسلم يصيبه أذىً: من مرضٍ فما سواه إلا حَطَّ الله سيئاته كما تحطُّ الشجرة ورقها))

((No Muslim is afflicted with harm because of sickness or some other inconvenience, but that Allah will remove his sins for him as a tree sheds its leaves)) ([8])

Anas (radiallah anhu) narrates that the Prophet (ﷺ) said:

((إن عِظَمَ الجزاء مع عظم البلاء وإن الله إذا أحب قوماً ابتلاهم، فمن رضي فله الرضى، ومن سخط فله السُّخْط))

((When Allah intends good for His slave, He punishes him in this world, but when He intends an evil for His slave, He does not hasten to take him to task but calls him to account on the Day of Resurrection)) ([9])

Third: Sickness is of two types:

Type 1: Treatable or Temporary Sickness:

Allaah has allowed a person with such a sickness to break his fast, and has made it obligatory on him to make up the days he did not fast later on, due to the saying of Allaah:

{أَيَّامًا مَّعْدُودَاتٍ فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ}

{[Fasting for] a limited number of days. So whoever among you is ill or on a journey [during them] - then an equal number of days [are to be made up]} ([10])

And His saying:

{فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ وَمَن كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ}

{So whoever sights [the new moon of] the month, let him fast it; and whoever is ill or on a journey - then an equal number of other days} ([11])

And a sick person during Ramadaan can be in one of three states:

First State: It is neither difficult for him to fast nor harmful:

Then it is obligatory for such a person to fast, because he does not have a valid excuse which would allow him to break his fast.

Second State: It is difficult for him to fast but it is not harmful:

Then it is better for such a person to break his fast, and it will be makrooh (disliked) for him to fast with difficulty, because he is avoiding the concession provided by Allaah, and punishing himself to fast.

The Prophet (ﷺ) said:

((إن الله يحب أن تُؤتَى رخصُه كما يكره أن تؤتى معصيته))

((Verily, Allaah loves that his concessions be availed just as He dislikes that His disobedience be availed)) ([12])

Ibn Hazm rahimahullah said:

((واتفقوا على أن المريض إذا تحامل على نفسه فصام أنه يجزِئه، واتفقوا على أن من آذاه المرض وضَعُف عن الصوم فله أن يفطر))

((The Scholars have agreed that if the sick person forces himself to fast (despite difficulty), it is something permissible. And they also agreed that whoever is afflicted with a sickness and it is hard for him to fast, then he should break the fast)) ([13])

Third State: When fasting will harm him:

In this case, it is obligatory on him to break his fast, and it is not permissible for him to keep it. Due to the saying of Allaah:

{وَلاَ تَقْتُلُواْ أَنفُسَكُمْ إِنَّ الله كَانَ بِكُمْ رَحِيمًا}

{And do not kill yourselves [or one another]. Indeed, Allaah is to you ever Merciful} ([14])

And His saying:

{وَلاَ تُلْقُواْ بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ}

{And do not throw [yourselves] with your [own] hands into destruction} ([15])

And others from the ahadeeth, and Allaah knows best ([16]).

If a person is afflicted with sickness during the day in Ramadaan while he is fasting and it becomes difficult for him to complete his fast, then it is permissible for him to break the fast due to the permissibility to do so.

And if he recovers from the sickness during the day in Ramadaan while he had broken his fast earlier in the day, then his fast for that day is not valid because he had broken it during the day due to an excuse.

It is obligatory for him to make up that day. As for whether he has to refrain from eating and drinking for the rest of the day after gaining recovery is subject to difference of opinion. And it is better for him to refrain from eating and drinking to be on the safe side and to honor the month of Ramadaan and also to avoid being resembled to the non-believers, but if he/she eats and drinks there is no sin on him. And Allaah knows best ([17]).

And if it is proven from a reliable and expert Muslim Doctor who is reliable with regard to his religious commitment and trust that fasting will cause one to acquire sickness or increase the sickness and delay the recovery, then it is permissible for him to break the fast, in order to safeguard his health and prevent a disease or sickness. And he must make up these days later on ([18]). And Allaah knows best.

Type 2: Permanent or Non-Treatable sickness:

If a person is completely unable to observe fasts due to a permanent sickness from which there is no hope of recovering, such as: a very old person and the one suffering from an incurable disease, and that is after the testimony of a reliable and expert Muslim Scholar, then in that case, it is not obligatory on such a person to fast because he is unable to do so, due to the saying of Allaah:

{فَاتَّقُوا الله مَا اسْتَطَعْتُمْ}

{Then fear Allaah as much as you are able} ([19])

And His saying:

{لاَ يُكَلِّفُ الله نَفْسًا إِلاَّ وُسْعَهَا}

{Allaah does not burden a soul except [with that within] its capacity} ([20])

Imaam Ibn al-Mundhir said:

((وأجمعوا على أن للشيخ الكبير والعجوز العاجِزَيْن عن الصوم أن يفطرا))

((There is an Ijmaa (unanimous consensus) that an old man who is unable to fast should not fast)) ([21])

However, it is obligatory for such a person to feed the poor in place of fasting for each day, and it will be equivalent to fasting for him.

Ibn Abbaas (radiallah anhu) said:

(( ... الشيخ الكبير والمرأة الكبيرة لا يستطيعان أن يصوما، فيطعمان مكان كل يوم مسكيناً))

((This was a concession granted to old men and women who are able to fast but with difficulty, they have the option of not fasting and feeding one poor person for each day instead)) ([22])

Imaam Bukhaari rahimahullah said:

((وأما الشيخ الكبير إذا لم يطق الصيام، فقد أطعم أنس بن مالك بعدما كبر، عاماً أو عامين، كلَّ يومٍ مسكيناً: خبزاً ولحمًا، وأفطر))

((And as for an elderly person who is unable to fast, then indeed (it is proven that) when Anas bin Maalik (radiallah anhu) became old, he used to feed the poor for each day with bread and meat while he did not fast. This he did for a year or two (before his death))) ([23])

Imaam Nawawi rahimahullah said:

((Al-Shaafa’i and our companions said: an old man who is able to fast but it is very difficult for him, and a sick person who has no hope of recovery do not have to fast, and there is no scholarly difference of opinion on this matter. Ibn al-Mundhir narrated that there was consensus on this point. But they have to give the fidyah (ransom, payment in lieu) according to the more sound of the two scholarly opinions)) ([24])

An ‘Aajiz (incapable) person, who is unable to fast due to old age or a permanent sickness, can choose between two things in the manner of feeding the poor:

First: Distributing food to the poor individually:

Giving half a saa’ of food for each poor person, according to what is authentic. The Prophet (ﷺ) said to Ka’b bin ‘Ujrah (radiallah anhu):

(( ... أو أطعم ستة مساكين لكل مسكين نصف صاع))

((… or you may feed six poor people, giving half a saa’ of food for each)) ([25])

And the prophetic Saa’ is equivalent to about 3 kilograms. So half a saa’ would weigh one and a half kilograms (1.5 kg). This is what Shaykh Ibn Baaz (rahimahullah) has favored, when he said: ((He should feed one poor person for each day, giving half a saa’ of the local staple food, such as dates, rice, etc, which is equivalent to approximately one and a half kilograms)) ([26]).

And this is what the Permanent Committee for Islamic Research (Al-Lajnah ad-Daa’imah) has chosen, when they said: ((It is to feed half a saa’ of the local staple food for each day, and it is about one a half kilograms)) ([27])

Second: Making food and inviting the poor to come and eat:

One may choose to make food at once and invite all the poor equaling to the amount of days that he has due, to come and eat.

As Al-Bukhaari said: ((As for an old man who is unable to fast, after Anas grew old, for one or two years he fed a poor person with bread and meat and he did not fast)) ([28])

Shaykh Ibn Baaz was asked about an elderly woman who was unable to fast – what should she do? He replied:

((She should feed one poor person for each day, giving half a saa’ of the local staple food, such as dates, rice, etc, which is equivalent to approximately one and a half kilograms. This was stated by a number of the companions of the Prophet (ﷺ), such as Ibn ‘Abbaas (may Allaah be pleased with him). If she is poor and is unable to feed a poor person, then she does not have to do anything. This expiation may be given to one or more people at the beginning of the month or in the middle or at the end. And Allaah is the Source of strength)) ([29])

Shaykh Ibn ‘Uthaymeen said:

((The sick person who has an ongoing sickness, and elderly people, both male and female, who are unable to fast, must feed one poor person for each day, whether that is by giving this food to the poor or by inviting the same number of poor people as days in the month to a meal, as Anas ibn Maalik (may Allaah be pleased with him) used to do when he grew old. He would gather together thirty poor people and that was instead of fasting for a month)) ([30])

2-   A Traveler

This refers to a traveler travelling the distance at which it is permissible to shorten the prayers. And the evidence for that will be mentioned below.

First: Meaning of Traveling (Safr) and Traveler (Musaafir):

As-Safr means to reveal; to unveil; to expose something by making its reality clear. And the author of Al-Qaamoos ul-Muheet has said: “As-Safr is to reveal the outward of something and Al-Fasr is to reveal and clarify the inward part of something (and from it is the word Al-Tafseer)”. Hence, its meaning is to unveil, clarify and light up. It is said: “Safaratil-Mar’atu” meaning, the woman removed the veil from her face.

As-Sufr is the plural of Saafir & al-Musaafiroon is the plural of Musaafir, they both carry the same meaning i.e. traveler. A traveler is called a Musaafir because he reveals his hidden characteristics i.e. he reveals his natural disposition while travelling, and the places of other dwellings from his residence, and the undermining characteristics of his self, as well as the vast and open lands are revealed to him.

And Travel is called Safr because it uncovers the veil from the faces of the travelers and their characteristics, so what was concealed of them gets exposed ([31]).

Hence, As-Safr is to cover a distance, and it is named so because it uncovers the Akhlaaq (characteristics) of people. And Safr is: to go out from one’s place of residence to a distant place covering the distance at which it is permissible to shorten the prayer ([32]).

Second: Types of Traveling:

1)   Illegal Travel (Safr Haraam): It is to travel to do something that Allaah or His Messenger (ﷺ) have prohibited, like: traveling to do trade of alcohol and other haram things, and a woman traveling on her own without a mahram ([33]).

2)   Obligatory Travel (Safr Waajib): Like traveling to fulfill the obligation of Hajj, or traveling to do the obligatory Umrah, etc.

3)   Recommended Travel (Safr Mustahabb): Like travelling to do non-obligatory Umrah, or non-obligatory Hajj, etc.

4)   Permissible Travel (Safr Mubaah): Like: Traveling to do trade of permissible things, and every other permissible matter.

5)   Disliked Travel (Safr Makrooh): Like: Traveling alone without a companion, except when it is inevitable. Due to the saying of the Prophet (ﷺ): ((Were people to know of what I know about the dangers of travelling alone, no rider would travel alone at night)) ([34])

These are the types of Travel that the Scholars have mentioned. It is Haraam for a Muslim to undertake a haram journey, and it is better for him not to go on a makrooh journey. However, he may shorten his prayers in all of these types of journeys and take advantage of the concessions provided for a traveler such as not observing the fast and others legislated by the Messenger of Allaah (ﷺ) ([35]).

Third: The Distance at which it is permissible to break the fast: is the distance at which the Prayer is shortened:

The permissibility of breaking the fast while traveling is proven from the Qur’aan, the Sunnah and the Ijmaa’.

As for the Qur’aan, Allaah says:

{فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ}

{And whoever is ill or on a journey - then an equal number of other days} ([36])

As for the Sunnah, the Prophet (ﷺ) said:

((إن الله وضع عن المسافر الصوم))

((Allaah has waived off fasting from the traveler)) ([37])

And several other ahadeeth.

As for the Ijmaa’, then there is a unanimous consensus of the Muslim Ummah over the permissibility of breaking the fast for the traveler in general. And this is permissible only in a journey long enough in which it is permissible to shorten the prayers ([38]).

What is the minimum distance at which the prayer is shortened? Imaam Bukhaari rahimahullah said:

((باب في كم يقصر الصلاة؟ وسمَّى النبي - صلى الله عليه وسلم -، يوماً وليلةً سفراً، وكان ابن عمر وابن عباس رضي الله عنهم يقصران ويفطران في أربعة بُرُدٍ، وهي ستة عشر فرسخاً))

((Chapter on what is the distance of shortening the prayer? The Prophet (ﷺ) has specified a journey of a day and a night. And Ibn Umar and Ibn Abbaas (radiallah anhum) used to shorten the prayers and break their fasts in a journey of four burud, which is sixteen farsakh (i.e. 48 miles))) ([39])

And the saying of the Prophet (ﷺ) that Imaam Bukhaari has pointed to is as follows, He (ﷺ) said:

((لا يحل لامرأة تؤمن بالله واليوم الآخر أن تسافر مسيرة يوم وليلة ليس معها حرمة))

((It is not permissible for a woman who believes in Allaah and the Last Day to travel for one day and night except with a Mahram)) ([40])

And it is proven from Ibn Abbaas (radiallah anhuma) that he said:

((لا تقصر إلى عرفة، وبطن نخلة، واقصر إلى عسفان، والطائف، وجدة، فإذا قدمت على أهلٍ أو ماشية فأتمّ))

((Do not shorten the prayer when you travel to ‘Arafah and Batn Nakhlah, but shorten them when you travel to ‘Usfaan, Taa’if and Jaddah, so when you reach your house or your cattle, then offer the prayer in full)) ([41])

And the distance from the Makkah to Taa’if is 88 kilometers; and from Makkah to Jaddah is 86 kilometers; and from Makkah to ‘Usfaan is 48 miles. This is the distance that the majority of the Scholars have adopted as the minimum distance for shortening the prayers and breaking the fast.

There are two prominent opinions on this:

First Opinion: The minimum distance of shortening the prayers is 48 miles or approximately 80 km.

The majority of scholars are of the view that the distance at which a traveler may join prayers and not fast is forty-eight miles. Ibn Qudaamah said in al-Mughni:

((The view of Abu ‘Abd-Allaah [i.e., Imam Ahmad] is that it is not permissible to shorten the prayers for a distance of less than sixteen farsakhs, and a farsakh is three miles, so the distance is forty-eight miles. This was the estimation of Ibn ‘Abbaas. He said: From ‘Usfaan to Makkah, or from al-Taa’if to Makkah, or from Jeddah to Makkah))

Based on this, the distance at which it is permissible to shorten prayers is the distance of two days’ travel aiming directly for that destination. This is the view of Ibn ‘Abbaas and Ibn ‘Umar, and the view of Maalik, al-Layth and al-Shaafa’i.

The equivalent in kilometers is approximately 80 km.

Shaykh Ibn Baaz said explaining what is meant by traveling:

((The view of the majority of scholars is that this is equivalent to approximately eighty kilometers for one who travels by car, plane or ship. This distance is what is called traveling according to the custom of the Muslims. So if a person travels by camel, car, plane or ship, for this distance or more, he is regarded as a traveler)) ([42])

Second Opinion: Traveling is anything that the people’s custom consider to be traveling whether it is 100 miles or 3 miles.

Some scholars are of the view that traveling is not to be defined by a specific distance, rather it should be defined according to custom: whatever people customarily regard as traveling is the traveling to which the shar’i rulings apply, such as joining and shortening prayers, and not fasting.

Shaykh al-Islam Ibn Taymiyyah said:

((The evidence supports those who regard shortening prayers and not fasting as being applicable to all types of travel and do not single out one kind of traveling to the exclusion of another. This view is the correct one)) ([43])

Shaykh Ibn ‘Uthaymeen was asked about the distance at which a traveler may shorten his prayers and whether it is permissible to join prayers without shortening them. He replied:

((The distance at which a traveler may shorten his prayers was defined by some of the scholars as being approximately eighty-three kilometers, and some defined it as being what is customarily regarded as traveling, even if the distance is not 80 km, and that what the people say is not traveling should not be regarded as such, even if it is as far as one hundred kilometers.

The latter view is the view favored by Shaykh al-Islam Ibn Taymiyyah (may Allaah have mercy on him), because Allaah did not state a specific distance for it to be permissible to shorten prayers, and neither did the Prophet (ﷺ).

Anas ibn Maalik (may Allaah be pleased with him) said: If the Messenger of Allaah (ﷺ) set out for a journey of three miles or three farsakhs, he would pray two rak’ahs. Narrated by Muslim, 691.

The view of Shaykh al-Islam Ibn Taymiyah is closer to what is correct.

There is nothing wrong, if there is a conflict between customary views, in going by the opinion which suggests that travel should be defined in terms of distance, because this was the view of some of the imams and scholars and mujtahids. So there is nothing wrong with that in sha Allah. But so long as custom gives a clear definition, then referring to what is customary is the right thing to do)) ([44])

Fourth: It is permissible for a traveler to not observe the fast as soon as he has gone at a distance from his resident population or his city or the camp of his people and has left them behind, when the journey he is traveling to is the one in which prayers can be shortened:

‘Ubayd ibn Jabr said:

((I traveled with Abu Basrah al-Ghifaari, the companion of the Messenger of Allaah (ﷺ), in a ship from al-Fustaat in Ramadaan. He set off then lunch was brought [according to a report narrated by Ahmad: when we sent off from Marsana he ordered that his food be brought]. Then he said: ‘Come and eat.’ I said, ‘Can’t we still see the houses?’ Abu Basrah said: ‘Don’t you want to follow the Sunnah of the Messenger of Allaah (ﷺ)?!’)) ([45])

This is an indication that it is permissible to break the fast once one has left the dwellings of his people or the city, even if the distance at which the prayer is shortened is not covered yet, with the condition that the distance he is going to be traveling will be equal to or greater than the distance at which the prayer is shortened.

However, if a person is still in his hometown, and he decides to travel, he is not regarded as being a “traveler” until he has left the built-up area of his town. So it is not permissible for him to avail himself of the concessions granted to travelers, such as not fasting and shortening the prayer, when he has merely formed the intention of travelling. Rather Allaah has permitted the one who is travelling to break the fast, and he is not travelling until he has left his town.

Ibn Qudaamah rahimahullah said:

((Once this is established, it is not permissible for him to break the fast until he has left the houses behind, i.e., he has gone past them and has left the buildings behind. Al-Hasan said: He may break the fast in his house, if he wishes, on the day that he intends to leave. Something similar was narrated from ‘Ata’. Ibn ‘Abd al-Barr said: The view of al-Hasan is odd; no one is allowed to break the fast when not travelling, and there is no evidence for that, either rationally or in the reports. A different opinion was also narrated from al-Hasan))

Then Ibn Qudaamah said: ((Because Allaah says (interpretation of the meaning):  {So whoever of you sights the month (of Ramadan i.e. is present at his home), he must observe Sawm (fasts) that month} [al-Baqarah 2:185] The one who is present and sights the moon is not regarded as being a traveler until he has left the town. So long as he is still in the town, the rulings on those who are there and not travelling still apply to him. Hence he should not shorten his prayer)) ([46])

This is the view of Abu Haneefah, Maalik, Shaafi’ee, Awzaa’ee, Ahmad according to one narration and the majority of other Scholars.

Shaykh Ibn Uthaymeen rahimahullah said:

((Some of the scholars are of the view that it is permissible to break the fast once he is ready to travel and there is nothing left to do but get into the means of transportation. They narrated that this is what Anas (may Allaah be pleased with him) used to do. But if you study the verse you will see that this is not correct, because up till now he has not started to travel and he is still a resident and non-traveler. Based on this, it is not permissible for a person to break the fast until he has left the houses of the town behind.

The correct view is that he should not break the fast until he has left the village. Hence it is not permissible to shorten the prayer until one has left the town, and it is not permissible to break the fast until one has left the town)) ([47])

Based on that, if a person decides at night that he is going to travel, it is not permissible for him to start the day not fasting, rather he must form the intention to fast, and then if he travels in the morning, he may break the fast after leaving his town.

Conclusion: if a person decides at night that he is not going to fast on the basis that he is going to travel the next day, he has made a mistake, and he has to make up that day, even if we assume that he did not travel, because he did not have the intention to fast from the night before, and the Prophet (ﷺ) said: ((Whoever does not intend to fast from before dawn, there is no fast for him (i.e., his fast does not count).)) ([48]) ([49]). And Allaah knows best.

Fifth: Stay of a traveler at a place during which he can break his fast and shorten the prayer:

If a traveler intends to stay at a place for more than four days, then he must offer his prayers in full and observe the fasting of Ramadaan, because the Prophet (ﷺ) came to Makkah on the fourth of Dhu’l-Hijjah for the Farewell Pilgrimage, and he (ﷺ) stayed for the fourth, fifth, sixth and seventh, and he prayed Fajr in al-Abtah on the eighth (i.e. the fifth day), and he shortened his prayers during those days. He had formed the intention to stay, as is well known. So everyone who travels and intends to stay for this length of time that the Prophet (ﷺ) stayed, or less, may shorten his prayers. Whoever intends to stay longer than that should offer the prayers in full, because he does not come under the heading of a traveler.

Imaam Ibn Qudaamah said:

((The well-known view of Ahmad (may Allaah have mercy on him) is that the period during which the traveler must perform his prayers in full with the intention of staying is a period in which there are more than twenty-one prayers. And it was narrated from him that if he intends to stay for more than four days he must perform his prayers in full, but if he intends to stay less than that, he may shorten them. This is also the view of Maalik and al-Shaafi’ee)) ([50])

In another place, he said: ((The one who does not intend to stay for a period in which there are more than twenty-one prayers (i.e. four days), then he shortens his prayer, even if he stayed for two years (i.e. without the intention to stay))) ([51])

Similarly, Ibn al-Mundhir said:

((أجمع أهل العلم أن للمسافر أن يقصر ما لم يجمع إقامة ، وإن أتى عليه سنون))

((The People of knowledge have unanimously agreed upon that a traveler should shorten his prayer as long as he does not intend to stay (for more than four days), even if then years pass by)) ([52])

What this means is that if a person stays for longer than four days during his trip and has not formed the intention to stay, rather he has resolved that when he has finished his business he will go back, like one who stays in a place to engage in jihad against the enemy, or has been detained by the authorities or by sickness, but he has resolved that when the jihad ends with victory or a peace treaty, or the sickness or enemy power that is keeping him there ends, or he sells all his goods and so on, he will go back, then he is regarded as a traveler, and he may shorten the four-rak’ah prayers, even if that period is long.

Shaykh al-Islaam Ibn Taymiyyah said:

((If one intends to stay in a place for four days or less then he should shorten his prayer just as the Prophet (ﷺ) did when he came to Makkah, and he stayed there for four days, and shortened the prayers. And if he stays for more than that then there is a dispute; what is more on the safe side is that he should offer his prayer in full.

And if he says: ‘I will leave tomorrow or the day after’, and does not intend to stay, then he will shorten his prayer, because it is proven that the Prophet (ﷺ) stayed in Makkah [during the year of the Conquest] for ten and some days [nineteen to be precise], during which he shortened his prayers, and he stayed in Tabook for twenty days and he shortened his prayers [because he had not resolved to stay, rather his intention was to leave once he had finished his business] and Allaah knows best)) ([53])

Same goes with the fasting of Ramadaan. If he intends to stay for four or less days, then he may shorten his prayer and break the fast. And if one intends to stay for more than that, then he must complete his prayers as well as the fasting. This is the view of Imaam Shaafi’ee, Ahmad, Maalik and the majority of Scholars ([54]).

And from what proves that if a traveler stays in a place uncertain about the period of his stay, that it is permissible for him to break his fast for the period of that stay, because he did not intend to stay for a specific period, is the hadeeth of Ibn Abbaas (radiallah anhuma):

((Allaah's Messenger (ﷺ) fought the Ghazwa (i.e. battle) of Al-Fath during Ramadan. The Prophet (ﷺ) fasted and when he reached Al-Kadid, a place where there is water between Kudaid and 'Usfan, he broke his fast and did not fast afterwards till the whole month had passed away.)) ([55])

Imaam Shawkaani said: ((This hadeeth indicates that when the traveler stays in a place uncertain of his stay, it is permissible for him to break his fast for that period just as it is permissible for him to shorten his prayer)) ([56])

Sixth: The one who is always traveling throughout the year:

With regard to the traveler who is constantly travelling, such as sailors on board ships, train drivers, taxi drivers and pilots, they may avail themselves of the concessions for travelling whilst they are actually travelling, but when they reach the place where they live, they must offer their prayers in full, because the description of traveler has ceased to apply to them. They must also offer their prayers in full when they halt in some city and intend to stay there for four days or more.

Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him) said:

((وَيُفْطِرُ [ يعني : ويقصر الصلاة ] : مَنْ عَادَتُهُ السَّفَرُ إذَا كَانَ لَهُ بَلَدٌ يَأْوِي إلَيْهِ ، كَالتَّاجِرِ الْجَلَّابِ الَّذِي يَجْلِبُ الطَّعَامَ وَغَيْرَهُ مِنْ السِّلَعِ ، وَكَالْمُكَارِي الَّذِي يَكْرِي دَوَابَّهُ مِنْ الْجُلَّابِ وَغَيْرِهِمْ ، وَكَالْبَرِيدِ الَّذِي يُسَافِرُ فِي مَصَالِحِ الْمُسْلِمِينَ وَنَحْوِهِمْ ، وَكَذَلِكَ الْمَلَّاحُ الَّذِي لَهُ مَكَانٌ فِي الْبَرِّ يَسْكُنُهُ ، فَأَمَّا مَنْ كَانَ مَعَهُ فِي السَّفِينَةِ امْرَأَتُهُ وَجَمِيعُ مَصَالِحِهِ وَلَا يَزَالُ مُسَافِرًا فَهَذَا لَا يَقْصُرُ وَلَا يُفْطِرُ))

((He should break the fast (and shorten the prayer) – this refers to the one who usually travels, if he has a home that he returns to, such as a merchant who brings food and other items, and such as the muleteer who takes his mounts to bring merchandise (for a trader), and so on, and like the official courier who travels in the interests of the Muslims, and others like them. The same applies to the sailor who has a place on land where he lives. As for the one who has his wife with him on board the ship and has everything he needs with him and is always travelling, he should not shorten his prayers or break the fast)) ([57])

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

((قصر الصلاة متعلق بالسفر ، فما دام الإنسان مسافراً ، فإنه يشرع له قصر الصلاة , سواء كان سفره نادراً أم دائماً , إذا كان له وطن يأوي إليه ويعرف أنه وطنه , وعلى هذا فيجوز لسائق الشاحنة أن يترخص برخص السفر من قصر الصلاة , والمسح على الخفين ثلاثة أيام بلياليها والفطر في رمضان وغيرها من رخص السفر))

((Shortening the prayer is connected to travel; so long as a person is travelling, it is prescribed for him to shorten his prayers, whether he travels rarely or all the time, if he has a hometown to which he returns and knows that it is his hometown. Based on that, it is permissible for a truck driver to avail himself of the concessions of travel with regard to shortening the prayer, wiping over the khuffayn for three days and nights, breaking the fast in Ramadan, and other concessions of travel)) ([58]) ([59])

Seventh: When one fasts for some days of Ramadaan then travels, or He makes the intention of fasting the next day but travels during the day:

If he makes the intention of fasting the next day, or he fasts for a part of the day but then he starts to travel during the rest of the day, it is permissible for him to break his fast according to the more correct opinion, as long as he has gone out of the built-up areas of the city or the local population. Due to the hadeeth of Ibn ‘Abbaas (radiallah anhuma):

((أن رسول الله - صلى الله عليه وسلم - خرج من المدينة إلى مكة فصام حتى بلغ عُسفان ثم دعا بماء فرفعه إلى يده ليراه الناس فأفطر حتى قدم مكة وذلك في رمضان...))

((Allaah's Messenger (ﷺ) set out from Medina to Mecca and he fasted till he reached 'Usfan, where he asked for water and raised his hand to let the people see him, and then broke the fast, and did not fast after that till he reached Mecca, and that happened in Ramadan)) ([60])

Imaam Bukhaari rahimahullah put this hadeeth under the chapter heading, ((If a person observed Sawm for some days then went on a journey)).

Shaykh Ibn Baaz rahimahullah said under this hadeeth of al-Bukhaari: ((This means that if a person fasted in the beginning of the month then went on a journey in the latter part of the month, there is nothing wrong if he quits fasting (i.e. for those days i.e. he does not have to be traveling when Ramadaan first arrives in order to avail the concessions of traveling). Similarly, if he fasts for a part of the day then sets out on a journey in the latter part of the day, then too it is permissible for him to break his fast)) ([61])

And Allaah knows best ([62]).

Eighth: Types of Fasting during Travel:

If you analyze closely the established ahadeeth on the issue of fasting while traveling, you will find that they point to three types:

First Type: General Permissibility to quit fasting during a Journey:

Due to the hadeeth of Abdullah bin Abbaas (radiallah anhuma):

((أن النبي - صلى الله عليه وسلم - خرج [عام الفتح] في رمضان من المدينة [إلى مكة] ومعه عشرة آلاف، وذلك على رأس ثمان سنين ونصف من مقدمه المدينة، فسار هو ومن معه من المسلمين إلى مكة يصومُ ويصومون حتى بلغ الكديد - وهو ماء بين عُسفان وقُديد -[وفي رواية حتى بلغ عُسفان] [فلما استوى على راحلته دعا بإناء من لبن أو ماء، فوضعه على راحته - أو راحلته -[وفي رواية: فشرب نهاراً ليراه الناس] [فأفطر]، ثم نظر إلى الناس، فقال المفطرون للصُّوَّم: أفطروا [فأفطر الناس] فلم يزل مفطراً حتى انسلخ الشهر [وفي رواية: حتى قدم مكة] [وكان ابن عباس يقول: صام رسول الله - صلى الله عليه وسلم - في السفر وأفطر فمن شاء صام ومن شاء أفطر]))

((The Prophet (ﷺ) set out [during the year of conquest] in Ramadaan from Madeenah [to Makkah] and with him were 10,000 people, and that was eight and a half years after his migration to Madeenah. He and the Muslims who were with him proceeded on their way to Makkah. He was fasting and they were fasting, but when he reached a place called Al-Kadeed – which was a place of water between Usfaan and Qudayd – [in another narration: until he reached Usfaan] [when he mounted his she-camel, he asked for a tumbler of milk or water and put on the palm of his hand – or his she-camel] [in another narration: he drank it openly so that the people see him] [thus he broke his fast] then the people looked at him and those who broke their fast with him told those who were fasting to break their fasts [and thus the people did so] and he did not fast afterwards till the whole month had passed away [in another narration: till he entered Makkah]. [Ibn Abbaas used to say: The Messenger of Allaah (ﷺ) fasted while traveling and he broke his fast while traveling, so whoever wishes may fast and whoever wishes may break his fast])) ([63])

And Amr bin Umayyah (radiallah anhu) narrates:

قدمت على رسول الله - صلى الله عليه وسلم - من سفر فسلمت عليه، فلما ذهبت لأخرج قال: ((انتظر الغداء يا أبا أمية)) فقلت: إني صائم يا نبي الله، فقال: ((تعال أخبرك عن المسافر، إن الله تعالى وضع عنه الصيام ونصف الصلاة))

I came to the Messenger of Allaah from a journey and greeted him with Salaam. When I was going to leave, he said: ((Stay and have meal for breakfast, O Abu Umayyah)) I said: ((I am fasting, O Prophet of Allaah)) He said: ((Come and I will tell about the traveler. Allaah, most high, has waived fasting and half of the prayer for him)) ([64])

And a similar narration is also narrated from Anas bin Maalik (radiallah anhu) in the four sunan.

Second Type: Choosing between fasting and not fasting during Safr:

Due to the hadeeth of Jaabir bin Abdullah (radiallah anhu) who said:

((سافرنا مع رسول الله - صلى الله عليه وسلم -؛فصام بعضنا وأفطر بعضنا))

((We traveled with the Messenger of Allaah (ﷺ), some of us observed fast while others did not)) ([65])

Aa’ishah (radiallah anha) narrates that Hamzah bin Amr al-Aslami asked the Messenger of Allaah (ﷺ) about fasting in a journey, so he said:

((إن شئت فصم وإن شئت فأفطر))

((If you wish, you may fast, and if you wish you may not fast)) ([66])

And several other ahadeeth.

Third Type: Obligation to not fast:

Abu Sa’eed al-Khudri (radiallah anhu) said:

((لما بلغ النبي - صلى الله عليه وسلم - مرَّ الظهران، فآذنَّا بلقاء العدوِّ، فأمرنا بالفطر فأفطرنا أجمعون))

((When the Prophet (ﷺ) reached Marr Zahran, he told us that we would meet the enemy. So he ordered us to break the fast, and we [all] broke our fast)) ([67])

Abu Bakr bin Abdur Rahmaan narrates from a companion of the Prophet (ﷺ) who said:

((رأيت رسول الله - صلى الله عليه وسلم - أمر الناس في سفره - عام الفتح- بالفطر، وقال: ((تقوَّوْا لعدوّكم)) وصام رسول الله - صلى الله عليه وسلم -، قال أبو بكر: قال الذي حدثني: لقد رأيت رسول الله - صلى الله عليه وسلم - بالعَرْج يصُبُّ على رأسه الماء وهو صائم من العطش أو من الحرِّ))

((I saw the Prophet (ﷺ) commanding the people while he was travelling on the occasion of the conquest of Mecca not to observe fast. He said: ((Be strong for your enemy)). The Messenger of Allah (ﷺ) fasted himself.

Abu Bakr said: A man who narrated his tradition to me said: I have seen the Messenger of Allah (ﷺ) in al-Arj pouring water over his head while he was fasting, either because of thirst or because of heat)) ([68])

Jaabir bin Abdullah (radiallah anhu) narrates that in the course of a journey Allaah's Messenger (ﷺ) saw a man, people were crowding around him and providing him a shade. Upon this he (the Holy Prophet) said:

((ما له؟)) قالوا: رجل صائم، فقال رسول الله - صلى الله عليه وسلم -: ((ليس من البر أن تصوموا في السفر))

((What is the matter with him?)) They said: “He is a person observing fast” Whereupon the Messenger of Allaah (ﷺ) said: ((It is no righteousness that you fast on a journey)) ([69])

Ninth: Ruling on the fast of a traveler:

The permissibility of not fasting for a traveler is proven from the Qur’aan, the Sunnah and the Ijmaa. But if a traveler fasts, it is permissible for him ([70]).

By analyzing the texts of Qur’aan, the Sunnah and the Ijmaa, it becomes evident that the fast of a traveler can be in one of three states:

First State: It is very difficult for him to fast such that he is unable to observe it or fasting will harm him.

In this case, it is obligatory on him to break his fast and it is Haraam for him to observe fast, due to the saying of Allaah: {Do not kill yourselves. Indeed Allaah is to you ever Merciful} ([71]). And His saying: {and do not throw [yourselves] with your [own] hands into destruction} ([72])

And other ahadeeth.

Second State: It is difficult for him to fast with a slight difficulty which he can bear:

In this case, it is better (Mustahabb) for him to break his fast and it is Makrooh for him to fast, due to the hadeeth of the Prophet (ﷺ) mentioned previously where he said to a person finding difficult to fast: ((It is no righteousness that you fast on a journey)) ([73]). And in another narration, he said:

((عليكم برخصة الله التي رخّص لكم))

((Take advantage of the concession that Allaah has granted to you)) ([74])

Third State: It is not difficult for him to fast at all:

Fasting and not fasting are equal to him, then in this case, it is permissible for him to fast and it is permissible for him not to fast, due to the hadeeth of the Prophet (ﷺ): ((Fast if you wish, and break your fast if you wish)) ([75])

However the Scholars have differed as to what is better and greater in reward: Fasting or not Fasting? There are two opinions ([76]): First is that Fasting is better, and the other is that not fasting is better. What seems to be more virtuous and better, and Allaah knows best, is to observe the fast. This is the view of Imaam Abu Haneefah, Imaam Maalik, Imaam Shaafi’ee and the majority of Scholars, and this is what Shaykh Ibn Uthaymeen (rahimahullah) has preferred ([77]).

This is because of the following evidence:

(a)It was narrated that Abu’l-Darda’ (may Allaah be pleased with him) said: ((We went out with the Messenger of Allaah (ﷺ) [on a journey] during the month of Ramadaan when it was intensely hot, until one of us would put his hand on his head because of the intense heat, and no one among us was fasting apart from the Messenger of Allaah (ﷺ) and ‘Abd-Allaah ibn Rawaahah)) ([78]).

(b)        Fasting whilst traveling means that one fulfils one's duty more quickly, because making it up later means delaying it, but fasting in Ramadaan means doing it sooner.

(c) It is usually easier for the one who has this duty, because fasting and breaking the fast with the people is easier than starting to fast all over again.

(d)        It makes the most of a blessed time, namely Ramadaan, for Ramadaan is better than other times, because it is the time when fasting is obligatory.

Based on this evidence, the view that fasting is better in the case of one for whom fasting and not fasting are the same, is most likely to be correct ([79]).

3-   A Woman in Menstrual and Postpartum period

If a woman starts menstruating or goes through the period of Nifaas ([80]): she must stop fasting and it is not valid for her to fast.

The Scholars have unanimously agreed upon that it is not permissible for the women who are menstruating or are going through post-childbirth bleeding to fast, and that they must break their fasts and make them up later on.

Aa’ishah (radiallah anha) said:

((كنا نحيض على عهد رسول الله - صلى الله عليه وسلم - فنؤمر بقضاء الصوم ولا نؤمر بقضاء الصلاة))

((We used to menstruate during the time of Allaah’s Messenger (ﷺ), and we were commanded to make up the fasts later, but we were not commanded to make up the prayers)) ([81])

Abu Sa’eed al-Khudri (radiallah anhu) narrates that the Prophet (ﷺ) said:

((أليس إذا حاضت لم تصلِ ولم تصم))

((Isn’t it true that when a woman menstruates, she does not pray and does not fast)) ([82])

A menstruating woman and a woman in Nifaas are equal, because the bleeding of Nifaas is the menstrual bleeding, and its ruling is the same as the menstrual bleeding.

So when a woman finds out that she is menstruating or is in nifaas during the middle of the day, then the fast of that day becomes invalid, no matter she finds out in the beginning of the day after fajr or at the end of the day before sunset. And if she still continues to fast in the state of menstruation or nifaas despite her knowledge that it is haram, then she is sinning and it will not permissible for her ([83]).

And if she becomes pure from menstruation or nifaas during the day of Ramadaan, her fast for the remainder of the day is not valid, due to the presence of what negates the permissibility of fasting for her in the beginning of the day. She may eat and drink but it is better for her to abstain from it for the rest of the day according to the more correct of the two Scholarly opinions ([84]).

And if she becomes pure from menstruation or nifaas during the evening in Ramadaan, even if it is just before the Fajr, then it is obligatory for her to observe fast the following morning. And her fast will be valid, even if she does not take the bath until after Fajr, just like a junub person who observes fast but does not take bath until after fajr. Due to the saying of Aa’ishah and Umm Salamah (radiallah anhuma):

((كان رسول الله - صلى الله عليه وسلم - يدركه الفجر في رمضان وهو جنب من أهله، ثم يغتسل ويصوم))

((The Messenger of Allah (ﷺ) would wake up at fajr time in the state of Janaabah during the Ramadan from (relations with) his wives, and he would wash himself and observe fast)) ([85]) ([86])

4-   A Pregnant & a Breastfeeding Woman

Due to the hadeeth of Anas bin Maalik (radiallah anhu) that the Prophet (ﷺ) said:

((إن الله - عز وجل - وضع عن المسافر شطر الصلاة، وعن المسافر والحامل والمرضع الصوم أو الصيام))

((Allaah has relieved the traveler of half of the prayer, and He has relieved the traveler, the pregnant, and the nursing mothers of the duty to fast)) ([87])

Imaam Bukhaari said:

((وقال الحسن وإبراهيم في المرضع والحامل: إذا خافتا على أنفسهما أو ولد هما تفطران ثم تقضيان))

((Al-Hasan (al-Basri) and Ibraaheem (Nakha’ee) have said about the pregnant and the breastfeeding women that: if they fear harm upon themselves or their child, then they should break the fast and make it up later)) ([88])

The pregnant and breastfeeding women can be in one of three conditions:

First Condition: When they fear harm on themselves only:

Then their ruling is the same as that of a sick person such that:

·        If it is not difficult on them to fast at all, then it is haram for them to not fast.

·        If it is difficult for them to fast but it is bearable, then it is makrooh to fast.

·        If it is difficult to fast and it is unbearable or it will be a cause of harm, then it is not permissible for them to fast.

And they have to make up these days later on. There is not dispute among the Scholars with regard to this condition.

Second Condition: When they fear harm on their child:

Then they should not fast, in order to protect the innocent child. And they only need to make up the days they did not fast later on without the need to feed the poor, according to the more correct of the two opinions.

Third Condition: When they fear harm on themselves and their child:

They should not fast, and make up the days they missed later on, without the need to feed the poor, according to the more correct of the two opinions. This is what Shaykh Ibn Baaz also said ([89]).

So the ruling of a pregnant and a breastfeeding woman is like the rulings of a sick person in all of the conditions, according to the more correct of the opinions of Scholars.

And Allaah knows best ([90]).

5-   The one who is forced to break his fast

The one who is forced to break his fast by someone forcing him to consume anything from the invalidators of Sawm, and he does that in order to repel harm or from being killed, or he is attacked by an enemy and he threatens to kill him if he does not break his fast, or he threatens him to severe one of his limbs or harm his child or property, then it is permissible for him to break his fast (for the period that he is faced with compulsion), and there is no sin on him.

The view of the Shaafi’ees and Hanbalis is that in the case of one who is forced to break the fast by having intercourse, eating or drinking, if the one who is forced does that, it does not break the fast and he does not have to make it up, unless the compulsion to break the fast was by means of zina, according to the Shaafi’ees ([91]) ([92]).

Ibn ‘Abbaas (radiallah anhu) said that the Prophet (ﷺ) said:

((إن الله وضع عن أمتي الخطأ والنسيان وما استكرهوا عليه))

((Allaah has pardoned my ummah for mistakes, what they forget, and what they are forced to do)) ([93]).

And because in the case of compulsion there is no choice, and it is worse than forgetting, and the one who forgets does not break his fast according to the correct view, then being forced to break the fast is less serious than being forced to utter words of kufr, and the one who utters words of kufr under compulsion does not become a kaafir.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: ((If a person is forced to do anything that breaks the fast and does it, there is no sin on him and his fast is still valid, because Allaah, may He be exalted, says (interpretation of the meaning): {And there is no sin on you if you make a mistake therein, except in regard to what your hearts deliberately intend. And Allah is Ever Oft Forgiving, Most Merciful} [al-Ahzaab 33:5]. And because Allah has ruled that no one is a kaafir who is forced into kufr, so with regard to that which is less serious than kufr, it is more apt that there should be no sin on them. And because the Prophet (ﷺ) said: “My ummah has been pardoned for mistakes, what they forget what they are forced to do”)) ([94])

And it is included in compulsion that a fasting person inhales dust or smoke involuntarily, or something enters his stomach unwillingly such as if he sniffs water in his nose or rinses his mouth during wudoo and some water enter his stomach involuntarily, then his fast is valid and he does not have to make it up ([95]).

And Allaah knows best.

6-   The one who has to break the fast in order to save a life

This can include saving an innocent person or child from drowning, burning, crushing or anything that threatens their life, and if it cannot be done until the fasting person breaks his fast, then he should do so. That is because saving an innocent person from destruction is obligatory, and anything without which an obligatory act cannot be completed is also obligatory.

However, he has to make up the day in which he broke his fast later on, and it is not sufficient for him to feed the poor, according to the more correct of the two Scholars opinions ([96]). And Allaah knows best

7-   The one who is overpowered by extreme hunger or thirst that he fears destruction for himself

If someone is overpowered by extreme hunger or thirst that he fears his life, or the loss of sanity, or the loss of eyesight, or the ability to hear, or any of the other senses, then it is permissible for him to break his fast with what will suffice to keep him alive, and after that, he should complete his fast and also make it up later on. Due to the saying of Allaah:

{وَلاَ تُلْقُواْ بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ}

{And do not throw [yourselves] with your [own] hands into destruction} ([97])

And He said:

{وَمَا جَعَلَ عَلَيْكُمْ فِي الدِّينِ مِنْ حَرَجٍ}

{And He has not placed upon you in the religion any difficulty} ([98])

And He (swt) said:

{وَلاَ تَقْتُلُواْ أَنفُسَكُمْ إِنَّ الله كَانَ بِكُمْ رَحِيمًا}

{And do not kill yourselves [or one another]. Indeed, Allaah is to you ever Merciful} ([99])

And He (swt) said:

{يُرِيدُ الله بِكُمُ الْيُسْرَ وَلاَ يُرِيدُ بِكُمُ الْعُسْرَ}

{Allaah intends for you ease and does not intend for you hardship} ([100])

And the Messenger of Allaah (ﷺ) passed a judgement saying:

((لا ضرر ولا ضرار))

((There should be neither harming nor reciprocating harm)) ([101])

And this person is similar in position to the one who does not find any food or drink, then he finds a dead meat, then it is permissible for him to eat only as much of it as it will suffice him to keep alive, and then abstain from it. Allaah the most High said:

{فَمَن ِاضْطُرَّ فِي مَخْمَصَةٍ غَيْرَ مُتَجَانِفٍ لِّإِثْمٍ فَإِنَّ الله غَفُورٌ رَّحِيم}

{But whoever is forced by severe hunger with no inclination to sin - then indeed, Allah is Forgiving and Merciful} ([102])

And His saying:

{فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلاَ عَادٍ فَإِنَّ رَبَّكَ غَفُورٌ رَّحِيم}

{But whoever is forced [by necessity], neither desiring [it] nor transgressing [its limit], then indeed, your Lord is Forgiving and Merciful} ([103])

And other evidences ([104]).

8-   The one who is in need to break the fast in order to gain strength against the enemy in the battle field

That is if it is in the way of Allaah, then it is permissible for him to break his fast and make up the number of days he missed later on, no matter the fighting is at the distance of Safr or in his city itself. So if he is going to encounter the enemy and it is not possible for him to gather the strength except by breaking his fast then he should do so; because in that lies the defense of Muslims.

Due to the saying of the Prophet (ﷺ) during the Ghazwah of Fath Makkah:

((إنكم مصبِّحو عدوكم والفطر أقوى لكم فأفطروا))

((You are going to encounter the enemy in the morning and breaking of the fast would give you strength, so break the fast.)) ([105])

In another narration, he said: ((Gain strength to face your enemy)) ([106])

Abu al-Waleed al-Baaji rahimahullah said:

((The words “Gain strength to face your enemy” indicate that this was the reason for breaking the fast. If the reason was travelling then he would not have explained it as being in order to gain strength to face the enemy, rather he would have said it was because of travelling)) ([107])

Imaam Ibn al-Qayyim rahimahullah said:

((The Prophet (ﷺ) commanded them to break their fast when they got close to their enemy so that they would have the strength to fight them. If such a situation happened when they were not travelling, and breaking their fast would make them stronger to face their enemy, would they be allowed to break their fast? There are two opinions on this matter, the one which is based on the soundest evidence is that they are allowed to do that. This is the view favored by Ibn Taymiyyah, and this is the view stated in the fatwa he issued to the Muslim troops when they met the enemy on the outskirts of Dimashq. Undoubtedly breaking the fast for that reason is more necessary than breaking it for travelling alone, rather the fact that the traveler is allowed not to fast alerts us to the fact that it is allowed in this situation (i.e., jihad), for it is more apt that it be allowed in this case because physical strength in that case only benefits the traveler himself, whereas in this case it benefits the soldier and the Muslims, and because the hardship of battle is greater than the hardship of travel, and because the interest served by the soldier not fasting is greater than the interest served by the traveler not fasting. And Allaah says (interpretation of the meaning):

“And make ready against them all you can of power”

[al-Anfaal 8:60]

Breaking one’s fast when meeting the enemy is one of the greatest means of strength and power… and the Prophet (ﷺ) said, when they drew close to their enemy: “You are approaching your enemy and breaking the fast will make you stronger.” This was a concession, and some of us fasted and some of us broke our fast. Then we stopped to camp again, and he said, “You are going to meet your enemy in the morning, and breaking the fast will make you stronger, so break your fast.” So we had no choice but to break our fast.

So he gave the reason that they were approaching the enemy and they needed their physical strength to meet the enemy. This is a reason other than travel. Travel is a separate reason in and of itself, and he did not mention it or refer to it here. So in conclusion the principles and wisdom of the Lawgiver dictate that breaking one's fast for the purpose of battle is more necessary than doing so simply because of traveling. So how about if the reason is explained and stated clearly in the text? The Prophet (ﷺ) insisted that they should break their fast for that reason, and this is indicated by the report narrated by ‘Eesa ibn Yoonus from Shu’bah from ‘Amr ibn Dinar who said: I heard Ibn ‘Umar say: The Messenger of Allaah (ﷺ) said to his companions on the day of the Conquest of Makkah: “This is a day of fighting, so break your fast.” He named fighting as the reason, and used the word “fa” (= so) when issuing the command to fight. From this wording each of them understood that breaking the fast was for the purpose of fighting.)) ([108])

The battle mentioned by Ibn al-Qayyim (may Allaah have mercy on him) took place between the Muslims and the Tatars in 702 AH, and the Muslims were the victors.

Ibn Katheer (may Allaah have mercy on him) said:

((He – meaning Ibn Taymiyyah (may Allaah have mercy on him) – issued a fatwa telling the people to break their fast for the duration of the fighting, and he himself also broke his fast. He used to go around among the soldiers and commanders, eating some food that he had in his hand, to show them that it was better for them to break their fast so that they would have more strength to fight. Then the people ate)) ([109])

So these are the nine types of people who are excused for not fasting during the month of Ramadaan. Some of the Scholars have tried to express this in the form of a couplet as follows:

وعوارض الصوم التي قد يُغتفر ... للمرء فيها تسع تستطر

حَبَلٌ، وإرضاعٌ، وإكراهٌ، سَفَر ... مرضٌ، جهاد، جوعة، عطش، كِبَر

The hindrances of Sawm which are forgiven….. For a man are nine to be marked or written

Pregnant, Breastfeeding, Forced and Traveler….. Sick, Battle, Hunger, Thirst and Elder ([110]).

---

[1] - [See, Lisaan ul-Arab by Ibn Manzoor (7/231-232), Al-Qaamoos ul-Muheet by Al-Fayrozaabaadee (P. 843), Al-Mu’jam ul-Waseet (2/863), Mukhtaar us-Sihaah (P. 259)]

[2] - [See, Mu’jam Lughat ul-Fuqaha by Muhammad Ru’waas (P. 391)]

[3] - [See: Ash-Sharh al-Mumti’ by Ibn Uthaymeen (4/459)]

[4] - [Az-Zumar (39:10)]

[5] - [Al-Taghaabun (64:11)]

[6] - [Al-Baqarah (2:155-157)]

[7] - [Muslim (2999)]

[8] - [Agreed Upon: Al-Bukhaari (5647, 5648), Muslim (2571)]

[9] - [Tirmidhi (2396), Ibn Maajah (4031) Classed Hasan by al-Albaani]

[10] - [Al-Baqarah (2:184)]

[11] - [Al-Baqarah (2:185)]

[12] - [Ahmad (2/108), Ibn Hibbaan (2742), Ibn Khuzaymah (950), from Ibn Umar. Classed Saheeh by al-Albaani in his footnotes of Saheeh Ibn Khuzaymah, and in Irwaa al-Ghaleel (564)]

[13] - [Maraatib ul-Ijmaa by Ibn Hazm (P. 40)]

[14] - [An-Nisaa (4:29)]

[15] - [Al-Baqarah (2:195)]

[16] - [See: Majmoo Fataawa Ibn Baaz (15/210), Ash-Sharh al-Mumti by Ibn Uthaymeen (6/352-353), Majaalis Shahr Ramadaan by Ibn Uthaymeen (P. 86)]

[17] - [The Scholars have differed whether such a person has to refrain from eating and drinking for the rest of the day, after he is recovered from sickness.

First Opinion: According to one opinion, he should observe abstinence for the rest of the day and make it up later on. This is the opinion of Abu Haneefah, Ath-Thawree, Al-Awzaa’ee, Al-Hasan bin Saalih, Al-‘Anbari, and is also the madhab of Ahmad according to one narration. This view is also favored by Shaykh ul-Islaam Ibn Taymiyyah and Shaykh Ibn Baaz. See: Al-Mughni (3/145-146), Sharh al-Umdah by Ibn Taymiyyah (1/57-59), Al-Furoo’ by Ibn Muflih (4/431), Majmoo Fataawa Ibn Baaz (15/193), Fataawa al-Lajnah ad-Daa’imah (10/210). Similar opinion is also narrated from Al-Hasan al-Basri, Ibraaheem Nakha’ee, Abdullah bin Numayr, and Sha’bee and they said this as a karahiyah (discouragement) due to being likened with the mushrikeen.

Second Opinion: According to another opinion, it is not necessary for him to abstain from eating and drinking for the rest of the day and he has to make it up later, because there is no point in refraining from eating or drinking, since fasting is only valid if done from Fajr. And it was permissible for these people not to fast at the beginning of the day, even though they knew that it is Ramadaan. And Allaah has commanded travelers and menstruating women to make up the fast from other days. If we expect him to refrain from eating and drinking then we would be demanding more of him than Allaah has enjoined. because in that case we would be asking him to refrain from eating and drinking on that day as well as being required to make it up, so we would be expecting him to do two things even though only one of them is required, which is making up the number of days missed.

This is the opinion of Maalik, Shaafi’ee, Ahmad based on one narrations from him. Moreover, this is also narrated from Ibn Mas’ood (radiallah anhu), Jaabir bin Yazeed (Taabi’ee), and Ataa bin Abi Rabaah. And this is also the opinion favored by Shaykh Ibn Uthaymeen. See Musannaf Ibn Abi Shaybah (2/309-310), Al-Mughni (3/146), Fataawa as-Siyaam by Ibn Uthaymeen (P. 102), Al-Majmoo by Nawawi (6/174), Islamqa.info, Fatwa # 49008.

The second opinion seems closer to the truth. Wallaahu A’lam.]

[18] - [Al-Mughni (4/403, 4/404), Ash-Sharh al-Kabeer ma’ al-Muqni wal Insaaf (7/369), Majmoo Fataawa Ibn Baaz (15/214)]

[19] - [Al-Taghaabun (64:16)]

[20] - [Al-Baqarah (2:286)]

[21] - [Al-Ijmaa by Ibn al-Mundhir (P. 60)]

[22] - [Al-Bukhaari (4505), Abu Dawood (2318)]

[23] - [Al-Bukhaari (before H. 4505)]

[24] - [al-Majmoo’ (6/262)]

[25] - [Agreed Upon: Al-Bukhaari (1816), Muslim (1201)]

[26] - [Majmoo Fataawa Ibn Baaz (15/203)]

[27] - [Majmoo’ Fataawa al-Lajnah ad-Daa’imah (10/178)]

[28] - [Al-Bukhaari (Before H. 4505)]

[29] - [Majmoo’ Fataawa Ibn Baaz (15/203)]

[30] - [Fataawa al-Siyaam (p. 111)]

[31] - [Lisaan al-‘Arab by Ibn Manzoor (4/368)]

[32] - [Mu’jam Lughat ul-Fuqaha (P. 219)]

[33] - [See: Al-Mughni (3/115), Ash-Sharh al-Mumti’ by Ibn Uthaymeen (4/492)]

[34] - [Al-Bukhaari (2998)]

[35] - [The Scholars have differed over what type of traveling permits taking advantage of the concessions of Safr such as: Not observing the fast, Shortening the Prayers, Wiping over the Khuffaayn and Turbans (for three days and night), leaving out the Sunan Rawaatib, and others. There are four opinions:

First Opinion: The concessions of travel are only for a journey of obligatory, recommended, and permissible type. As for a Haraam and Makrooh journey, then these concessions are not permitted in them.

Second Opinion: These concessions are not except for the obligatory journeys like Hajj and Umrah, because an obligatory act cannot be abandoned except by another obligatory act.

Third Opinion: The concessions of Safr are not allowed except in the journeys of obedience, because the Prophet (ﷺ) only shortened the prayers in an obligatory or recommended (mandoob) journey.

Fourth Opinion: This is the opinion of Imaam Abu Haneefah, Shaykh ul-Islaam Ibn Taymiyyah and a group of other Scholars, who said that shortening of prayers and breaking the fast and all other concessions of safr are allowed in all types of journeys, even in fact in a haram journey. Shaykh al-Islaam Ibn Taymiyyah said: ((The evidence is with those who say that shortening of prayers and permissibility to not fast are legislated for the travelling itself, and a specific type of journey was not specified at the extent of others. And this is the more correct opinion, because verily the Book and the Sunnah have generalized the traveling)). Majmoo al-Fataawa (24/109), and see: al-Mughni (3/115-117), Ash-Sharh al-Mumti’ by Ibn Uthaymeen (4/493), and Majmoo Fataawa Ibn Uthaymeen (15/260).

However, if a person travels in order to avoid fasting then it is Haraam for him to break his fast. Shaykh Ibn Uthaymeen said: “If a person travels in order to avoid fasting, then travelling is haraam for him, and breaking the fast is also haraam for him. He has to repent to Allaah, may He be exalted, and change his travel plans and fast. If he persists with his travel plans then he must fast even if he is travelling. To sum up, it is not permissible to use tricks in order to avoid fasting in Ramadaan, because the use of a trick to avoid a duty does not mean that the duty is waived, just as using tricks to do something haraam does not make it permissible” Majmoo Fataawa Ibn Uthaymeen (19/133)]

[36] - [Al-Baqarah (2:185)]

[37] - [At-Tirmidhi (715), Abu Dawood (2408), Ibn Maajah (1667), Nasaa’ee (2273)]

[38] - [Al-Mughni by Ibn Qudaamah (3/157)]

[39] - [Al-Bukhaari (1086). The athar of Ibn Abbaas and Ibn Umar is narrated in Muwatta Maalik (12), Musannaf Abdur Razzaaq (4293), Sunan al-Kubra by al-Bayhaqi (5392-5397) and others. Classed Saheeh by al-Albaani in Irwaa al-Ghaleel (3/17)]

[40] - [Agreed Upon: Al-Bukhaari (1088), Muslim (1338)]

[41] - [Musannaf Ibn Abi Shaybah (8140), Sunan al-Kubra lil Bayhaqi (3/137), Classed Saheeh by al-Albaani in Irwaa al-Ghaleel (3/14)]

[42] - [Majmoo’ al-Fataawa (12/267)]

[43] - [Majmoo’ al-Fataawa (24/106)]

[44] - [Fataawa Arkaan al-Islaam (P. 381)]

[45] - [Ahmad (26690) and Abu Dawood (2412), Classed Saheeh by al-Albaani]

[46] - [Al-Mughni (4/347), Ash-Sharh al-Kabeer ma’ al-Muqni wal-Insaaf (7/380)]

[47] - [Ash-Sharh al-Mumti’ (6/218)]

[48] - [Narrated by Abu Dawood, 2454’ al-Tirmidhi, 730; classed as saheeh by al-Albaani in Saheeh Abi Dawood]

[49] - [Also see: Islamqa.info Fatwa # 66086]

[50] - [Al-Mughni (2/65)]

[51] - [Al-Mughni (2/215)]

[52] - [Al-Mughni (2/215)]

[53] - [Majmoo’ Fataawa Ibn Taymiyyah (24/17)]

[54] - [See: Majmoo Fataawa Ibn Baaz (12/276, 15/239-244), Majmoo Fataawa al-Lajnah ad-Daa’imah (8/99, 10/205-212), Fataawa Ibn Uthaymeen (19/141)]

[55] - [Agreed Upon: Al-Bukhaari (1944, 2953), Muslim (1113)]

[56] - [Nayl al-Awtaar by ash-Shawkaani (4/272)]

[57] - [Majmoo’ al-Fataawa (25/213)]

[58] - [Majmoo’ Fataawa Ibn Uthaymeen (15/26)]

[59] - [Islamqa.info, Fatwa # 192168]

[60] - [Agreed Upon: Al-Bukhaari (1944, 1948), Muslim (1113)]

[61] - [As-Siyaam fil-Islaam by al-Qahtaani (P. 139)]

[62] - [Imaam Ibn Qudaamah mentioned that: A traveler can only be in one of three conditions:

First Condition: Ramadaan begins while he is traveling; we do not know of any difference of opinion among the Scholars in this case in the permissibility for him to quit fasting.

Second Condition: He starts traveling during the month at night; it is permissible for him to not observe the fast of the following morning and those that come after it during the journey. This is the opinion of the majority of Scholars, with the exception of Ubaydah as-Salmaani, Abu Mijlaz, and Suwayd bin Ghaflah who said: “It is not permissible to quit fasting for the one who started his journey after the month started” because of the saying of Allaah: {So whoever among you sights the month, let him fast it} and this person is the one who sighted the month while not in a journey. (Imaam Ibn al-Qayyim said in Tahdheeb as-Sunan (7/54): “Indeed this opinion is odd”).

And Ibn Qudaamah said: “For us (as evidence) is the saying of Allaah: {So whoever of you is ill or on a journey, then an equal number of other days (to be made up)}, and the Prophet (ﷺ) fasted in the battle of Al-Fath and he did not observe fast during his journey.”

Third Condition: He starts to travel during the day of Ramadaan (i.e. he fasted for the part of the day), then his ruling is the same as that of the one who starts traveling during the night.

And with regard to the permissibility of breaking the fast during the day in which he started traveling, there are two narrations from Ahmad:

One of them is that it is permissible for him to break his fast (while having observed it for a part of the day) due to the hadeeth of Anas (radiallah anhu) that he broke his fast during the day in which he traveled and he said: “This is Sunnah” Narrated at-Tirmidhi (799); and also due to the hadeeth of Abu Basrah who broke his fast during the day in which he traveled, and he also said: “Don’t you want to follow the Sunnah of the Messenger of Allaah (ﷺ)” Narrated Ahmad (6/398) and Abu Dawood (2414).

And the other narration from Ahmad is that it is not permissible to break the fast of that day. And this is also the opinion of Makhool, Zuhri, Maalik, Shaafi’ee, and the Ashaab ur-Raye.

Ibn Qudaamah then said that the more correct opinion is that of the permissibility to break the fast.

See: Al-Mughni (4/345-347), Ash-Sharh al-Kabeer ma’ Al-Muqni wal-Isnaaf (7/379), Ash-Sharh al-Mumti (6/357), Nayl al-Awtaar by Shawkaani (3/165-166)]

[63] - [Agreed Upon: Al-Bukhaari (1944, 1948, 2953, 4275, 4276, 4277, 4278, 4279), Muslim (1113)]

[64] - [Nasaa’ee (2266-2270), Classed Saheeh by al-Albaani]

[65] - [Nasaa’ee (2310), Classed Saheeh by al-Albaani]

[66] - [Agreed Upon: Al-Bukhaari (1942, 1923), Muslim (1121)]

[67] - [At-Tirmidhi (1684), Classed Saheeh by al-Albaani]

[68] - [Abu Dawood (2356), Classed Saheeh by al-Albaani]

[69] - [Agreed Upon: Al-Bukhaari (1946), Muslim (1115)]

[70] - [Al-Mughni (4/406)]

[71] - [An-Nisaa (4:29)]

[72] - [Al-Baqarah (2:195)]

[73] - [Agreed Upon: Al-Bukhaari (1946), Muslim (1115)]

[74] - [Saheeh Muslim (1115), Sunan Nasaa’ee (2257)]

[75] - [Agreed Upon: Al-Bukhaari (1923, 1942), Muslim (1121)]

[76] - [The Scholars have differed over what is better in journey when fasting and not fasting are equal. There are two opinions:

First Opinion: The Madhab of Imaam Ahmad and his companions is that not fasting is better. Ibn Qudaamah said: “According to our Imaam, not fasting is better in a journey”. And this is also the Madhab of Awzaa’ee and Ishaaq bin Raahuwayh. See: Al-Mughni (4/407). And this is what Shaykh al-Islaam Ibn Taymiyyah and Shaykh Ibn Baaz have preferred. They took evidence from the saying of the Prophet (ﷺ): ((It is no righteousness that you fast on a journey)) and His saying: ((Indeed Allaah loves that his concessions be availed just as he dislikes his disobedience be availed)) Narrated Ahmad (2/108), Ibn Hibbaan (2742), & Ibn Khuzaymah (950), from Ibn Umar. Classed Saheeh by al-Albaani in his footnotes of Saheeh Ibn Khuzaymah, and in Irwaa al-Ghaleel (564) Shaykh Ibn Baaz said: “However, if he knows that his not fasting in the journey will make it hard for him to make up those days later on, and he fears that it will be difficult for him to make them up, then he should fast.” Majmoo Fataawa Ibn Baaz (15/234-244)

Second Opinion: The madhab of Abu Haneefah, Maalik, & Shaafi’ee is that it is better to fast for the one who is capable to do it. Their evidence is explained above.]

[77] - [Majmoo Fataawa Ibn Uthaymeen (19/134-140), & Ash-Sharh al-Mumti’ (6/354-357, 6/338-340), & Majaalis Shahr Ramadaan (P. 82)]

[78] - [Narrated by al-Bukhaari, 1945; Muslim, no. 1122]

[79] - [Al-Mawsoo’ah al-Fiqhiyyah (28/73) from Islamqa.info, Fatwa # 20165]

[80] - [Nifaas literally means "childbed, childbirth, parturition or postpartum." In the Islamic legal terminology, it means "the blood which is discharged from a woman's womb during or after the childbirth." In the present context the word nifaas is usually translated as "post‑natal bleeding or post-childbirth bleeding." The woman who has nifaas is known as nafsa'.

The blood which is discharged from a woman's womb after a miscarriage is also nifaas.]

[81] - [Agreed Upon: Al-Bukhaari (321), Muslim (335)]

[82] - [Agreed Upon: Al-Bukhaari (304), Muslim (132)]

[83] - [Al-Mughni (4/397)]

[84] - [See Footnote # 237]

[85] - [Agreed Upon: Al-Bukhaari (1925, 1926), Muslim (1109)]

[86] - [See: Al-Mughni by Ibn Qudaamah (4/393), Majmoo Fataawa Ibn Uthaymeen (19/105-106)]

[87] - [Ahmad (19027, 20326), Ibn Maajah (1667), Nasaa’ee (2274), Abu Dawood (2408), Classed Saheeh by al-Albaani]

[88] - [Al-Bukhaari (Before H. 4505). And the athar of Al-Hasan and Ibraaheem is narrated by Abd bin Humayd from various routes (Fath ul-Baari: 8/179-180)]

[89] - [As-Siyaam fil-Islaam by al-Qahtaani (P. 158)]

[90] - [The Scholars have differed about the ruling of a pregnant and breastfeeding woman in the following opinions:

First Opinion: Their ruling is the same as that of a sick person in all conditions, no matter their fear of harm is about themselves, their child, or both. So they should not fast due to fear of harm and make up these days later without the need to feed the poor, due to the saying of Allaah: {So whoever of you is ill or on a journey, then an equal number of other days} and the hadeeth of the Prophet (ﷺ): ((Allaah has relieved the traveler of half of the prayer and He has relieved the traveler, the pregnant and the breastfeeding woman of the duty to fast)) [Ahmad (31/392) and the Four Sunan.

This is the madhab of Al-Hasan al-Basri, Ibraaheem Nakha’ee, Al-Awzaa’ee, Ath-Thawree, Ataa, Zuhri, Sa’eed bin Jubayr. And this is what was adopted by Abu Haneefah and his companions. And this is what’s preferred by al-Mubaarakpoori, Ibn Baaz and Ibn Uthaymeen. See: Tuhfat al-Ahwadhi (H. 711), Majmoo Fataawa Ibn Baaz (15/223-228), Ash-Sharh al-Mumti by Ibn Uthaymeen (6/362), Majmoo Fataawa Ibn Uthaymeen (19/160) and Shaykh Ibn Uthaymeen said: “This is the most correct opinion according to me, because these women are, at most, like a sick person and a traveler, they are required to make up the fasts only without the need to feed the poor”

Second Opinion: If they fear harm on themselves, then they should break the fast and make it up later. This is something there is no dispute in, because they are like the sick person who fears harm on himself.

And if they fear harm on themselves and their child, then too, they should break their fast and make it up later.

But if they fear harm on their child alone, then they should break their fast and make it up later, and should also feed the poor for each day. This is the opinion of Mujaahid, Imaam Ahmad, Shaafi’ee, and one of the narrations from Imaam Maalik.

As for the other narration from Imaam Maalik, then in it, he has differentiated between the pregnant and the breastfeeding women. He said: A pregnant woman should make up the days later but does not have to feed the poor because she is like a sick person, but as for the breastfeeding woman, then she has to make up the days as well as feed the poor, because a breastfeeding woman can also ask another woman to feed her child as compared to a pregnant woman, because the fetus is attached with her, and her fear for her fetus is like her fear of any other part of the body. This is also the madhab of Al-Layth bin Sa’d.

They took evidence from what Abu Dawood and others narrated from the saying of Ibn Abbaas (radiallah anhu) who said explaining the verse: {For those who can do it (with hard-ship) is a ransom, the feeding of one, that is indigent} He said: ((This was a concession granted to the aged man and woman who were able to keep fast; they were allowed to leave the fast and instead feed an indigent person for each fast; (and a concession) to pregnant and suckling woman when they apprehended harm)) Abu Dawood added: ((meaning: when the apprehend harm on their child: they break the fast and feed the poor)) Narrated Abu Dawood (2318). However, this was weakened by Al-Albaani in Da’eef Abi Dawood (P. 181) and he said: “It is Shaadh”.

Third Opinion: The pregnant and breastfeeding women, when they fear harm on themselves or their child, they just have to feed the poor without the need to make up the days later. This is the opinion of Ibn Umar and Ibn Abbaas, as narrated by Ash-Shaafi’ee in al-Musnad (1/278), Al-Bayhaqi (2/230), Abdur Razzaaq in his Musannaf (4/218), Abu Ubayd in al-Naasikh wal-Mansookh (P. 65), Tabari in his Tafseer (3/427) and others, classed Saheeh by al-Albaani.

However, this opinion is declared weak by a number of Scholars even if it is proven from Ibn Umar and Ibn Abbaas. Due to the hadeeth of the Prophet (ﷺ): ((Allaah has relieved the traveler, the pregnant and the breastfeeding from the duty to fast)) Narrated Ahmad and others as passed above. This hadeeth indicates that a pregnant and a breastfeeding woman is like the traveler in the ruling of Sawm i.e. they break the fast and make it up later.

Shaykh Ibn Baaz said: ((This opinion is Weak and non-preferred i.e. Marjooh)) and he said: ((What is narrated from Ibn Abbaas and Ibn Umar that a pregnant and a breastfeeding woman only has to feed the poor without the need to make up the days, is marjooh and goes against the evidences of Sharee’ah)) Majmoo Fataawa Ibn Baaz (15/224, 225, 227)

For details see: Al-Mughni (4/393), Ash-Sharh al-Kabeer ma’ al-Muqni wal-Isnaaf (7/381), Al-Furoo by Ibn Muflih (4/446), Ar-Rawd al-Murabbi’ (4/292), Nayl al-Awtaar by Shawkaani (3/170), Sharh al-Umdah by Ibn Taymiyyah (1/244-253), Awn al-Ma’bood Sharh Sunan Abi Dawood (7/46), Tuhfat al-Ahwadhi Sharh Sunan at-Tirmidhi (3/401-404), Fath ul-Baari by Ibn Hajar (8/179), Majmoo Fataawa Ibn Baaz (15/223-228), Majmoo Fataawa Ibn Uthaymeen (19/157-166), Majaalis Shahr Ramadaan by him (P. 193), Ash-Sharh al-Mumti’ (6/357-364) by him also, & Zaad al-Ma’aad by Ibn al-Qayyim (2/30-31)]

[91] - [al-Mawsoo‘ah al-Fiqhiyyah, 28/58]

[92] - [The Scholars have differed if the compulsion is with regard to having an intercourse, whether that necessitates having to make it up later or not. Some Scholars have said that this person has to make up the fast but does not have to feed the poor. And others said that he/she does not have to make it up nor does he have to feed the poor. And this second opinion is what seems more closer to the truth and the evidences, and Allaah knows best. See: Al-Mughni (4/376-378), Fataawa Ibn Baaz (15/307), Majaalis Shahr Ramadaan by Ibn Uthaymeen (P. 173), Fataawa al-Lajnah ad-Daa’imah (10/301-326)]

[93] - [Narrated by Ibn Maajah (2045); classed as saheeh by al-Albaani]

[94] - [Majmoo‘ Fataawa al-Shaykh Ibn ‘Uthaymeen (19/207)]

[95] - [Majaalis Shahr Ramadaan by Ibn Uthaymeen (P. 173)]

[96] - [See: Al-Insaaf by al-Mardaawi published with al-Muqni wa ash-Sharh al-Kabeer (7/385), Al-Furoo’ by Ibn Muflih (4/448), Tasheeh al-Furoo by al-Mardaawi (4/448-450), Ash-Sharh al-Mumti’ by Ibn Uthaymeen (6/362)]

[97] - [Al-Baqarah (2:195)]

[98] - [Al-Hajj (22:78)]

[99] - [An-Nisaa (4:29)]

[100] - [Al-Baqarah (2:185)]

[101] - [Muwatta Maalik (1435), Musnad Ahmad (1/313), Sunan Ibn Maajah (2340, 2341), Classed Saheeh by al-Albaani]

[102] - [Al-Maa’idah (5:3)]

[103] - [Al-An’aam (6:145)]

[104] - [See: As-Siyaam by Duktoor Abdullah at-Tayyaar (P. 95)]

[105] - [Saheeh Muslim (1120)]

[106] - [Abu Dawood (2365)]

[107] - [Al-Muntawa Sharh al-Muwatta by al-Baaji (2/49)]

[108] - [Zaad al-Ma’aad (2/53) from Islamqa.info, Fatwa # 12641]

[109] - [See al-Bidaayah wa’l-Nihaayah (14/31) from Islamqa.info, Fatwa # 12641]

[110] - [See: Tahqeeq al-I’laam Bifawaid Umdat al-Ahkaam by Ibn al-Mulaqqin (5/268) under the footnotes of its researcher]