THE FIQH OF FASTING ACCORDING TO THE SCHOOL OF IMAM SHAFI’I Khurram Hassan CONTENTS

1. Prescription to fast and taqwa 2. Defining the fast 3. Who is excused from the fast 4. Making up the fast and expiation 5. Recommendations of the fast and what is disliked THE PRESCRIPTION TO FAST

ٓ ٰﯾَﺄَﯾﱡ َﮭﺎ ٱﻟﱠ ِذﯾ َن َءا َﻣﻧُواْ ﻛُ ِﺗ َب َﻋ َﻠۡﯾﻛُ ُم ٱﻟ ِ ّﺻﯾَﺎ ُم َﻛ َﻣﺎ ﻛُ ِﺗ َب َﻋ َﻠﻰ ٱﻟﱠ ِذﯾ َن ِﻣن ﻗَۡﺑ ِﻠﻛُ ۡم َﻟ َﻌﻠﱠﻛُ ۡم ﺗَﺗﱠﻘُو َن

Surah Bakarah (2:183)

O You who believe! Fasting is prescribed for you as it was prescribed for those before you, that you may be reverent/fearful/God-conscious TAWQA ىوﻘﺗ

Literally derived from the root letters Is a concept that means to obey the injunctions of God the .1 و ق ي ي ق و Exalted, To guard, preserve, protect 2. to abstain from that which He has Imam Ali defined Taqwa as forbidden, outwardly and inwardly, “Being fearful of the Majestic, 3. to be in awe, veneration and fear of Acting upon revelation, Allah Satisfied with a little & Being Prepared for the day of departure.” BENEFITS OF TAQWA (AND THE FAST)

Being with God, which is the gentle protective togetherness: God, the Exalted says, “Have taqwa of God and know that God is with the God-fearing.” [2:194] Direct Knowledge from God: “Have taqwa of God and God will teach you.” [2:282] Discernment at times of confusion, requital of bad acts, and forgiveness of sins: “O Believers, if you have taqwa of God, He will give you discernment, requite your bad deeds, and forgive you. God’s favor is immense.” [8:29] Safety from the Fire: God, the Exalted, says: There is not one of you who shall not come to it. This is the inevitable decree of your Lord. Then We shall save those who had taqwa [of their Lord] and abandon the unjust therein on their knees. [19:71-72] And He says, “And God shall save those who have taqwa [of Him] by their gains, evil shall not touch them, neither will they grieve.” [39:61] BENEFITS OF TAQWA (AND THE FAST)

A way out of difficulties, provision from whence it is not expected, ease in life, and a great reward: God, the Exalted says, “He who has taqwa of God, He will make a way out for him and provide for him from whence he did not expect. And he who has taqwa of God, He will make his affairs easy. And he who has taqwa of God, He will requite his bad deeds and make his reward immense.” [65:2,3,4,5] The promise of the Garden: God says, “This is the Garden that We give those of Our servants who had taqwa of God.” [19:63] And He say, “The likeness of the Garden that those with taqwa of God are promised...” [13:35] “And the Garden was brought near for the ones with taqwa of God.” [26:90] “For the ones with taqwa of God are Gardens of bliss at their Lord’s.” [68:34] “The ones with taqwa of God are in gardens and rivers, in seats of truth near a powerful King.” [54:545] BENEFITS OF TAQWA

Honour in this world and the next: God, the Exalted, says, “The most honorable of you in the sight of God are those who are most in taqwa of God.” [49:13] Thus did He make honour in His sight conditional upon taqwa, not upon lineage, wealth, or any other thing. FASTING مﺎﯾﺻﻟا وأ موﺻﻟا وأ مﺎﯾﺻﻟا

Linguistically: refraining , holding back… “to hold fast” Technically: 1. A suitable person 2. With a specific intention 3. Refraining from everything that breaks the fast 4. from the time of fajr to maghrib 5. In a day that it is permissible to fast THE FAST OF RAMADAN

Is necessarily known in the religion – a pillar of the religion. Whoever denies it commits disbelief unless he has recently embraced Islam or grown up in an area far away from the presence of scholars. Where there is a Muslim ruler: the one who does not fast without an excuse is prevented from eating and drinking outwardly hoping that he may inwardly fast and be rewarded THE ENTRANCE OF RAMADAN

1) Completion of 30 days of Shaban 2) Sighting of the new moon of Ramadan after maghrib on the evening of 30 Shaban 3) Sighting that is mutawatir: such a large number that impossible they collude on error 4) Sighting is established by judge from testimony of a single upright witness 5) One who believes a young boy or not upright persons claim of sighting 6) Imam Ramli: the information of an astronomer for whoever believes the astronomer 7) One who is imprisoned (unable to determine Ramadan) must reckon best when Ramadan is. His reckoning counts if it coincides or truly occurs after Ramadan. 1ST INTEGRAL: WHO MUST FAST

Fasting Ramadan is compulsory for a person who: v Muslim v Sound of intellect v Has reached puberty. Obligatory to fast that day if fasting and becomes pubescent. The 7yo child is ordered if able and disciplined at 10yo v Physically capable of fasting: not the elderly. If can fast winter months must do so. v Well: not sick- sickness that is not usually tolerated nor a decrepit old person v Woman must be free from menstruation, childbirth or postnatal bleeding for the duration of the day v Resident: not a traveller of a permissible long journey 2ND INTEGRAL: INTENTION

ﻋُ َﻣر ﺑن ا ْﻟ َﺧ ﱠطﺎ ِب َر ِﺿ َﻲ ا ﱠ4ُ َﻋ ْﻧﮫُ َﻋ َﻠﻰ ا ْﻟ ِﻣ ْﻧﺑَ ِر َﻗﺎ َل َﺳ ِﻣ ْﻌ ُت َر ُﺳو َل ا ﱠ 4ِ َﺻﻠﱠﻰ ا ﱠ4ُ َﻋ َﻠ ْﯾ ِﮫ َو َﺳﻠﱠ َم ﯾَﻘُو ُل " ِإﻧﱠ َﻣﺎ ا ْﻷَ ْﻋ َﻣﺎ ُل ِﺑﺎﻟ ِﻧّﯾﱠﺎ ِت َو ِإﻧﱠ َﻣﺎ ِﻟ ُﻛ ِّل ا ْﻣ ِر ٍئ َﻣﺎ ﻧَ َوى َﻓ َﻣ ْن َﻛﺎﻧَ ْت ِھ ْﺟ َرﺗُﮫُ ِإ َﻟﻰ دُ ْﻧﯾَﺎ ﯾُ ِﺻﯾﺑُ َﮭﺎ أَ ْو ِإ َﻟﻰ ا ْﻣ َرأَةٍ ﯾَ ْﻧ ِﻛ ُﺣ َﮭﺎ َﻓ ِﮭ ْﺟ َرﺗُﮫُ ِإ َﻟﻰ َﻣﺎ َھﺎ َﺟ َر ِإ َﻟ ْﯾ ِﮫ" ﻣﺗﻔق ﻋﻠﯾﮫ I head Umar ibn Al-Khattab upon the mimbar (pulpit) say, I heard the Prophet say, “Verily actions are by intentions, and every person shall have that which he intended. So the one whose hijrah was for the world to gain from it, or a woman to marry her, then his hijrah was to that which he made hijrah for.” (Bukhari and Muslim) 2ND INTEGRAL: INTENTION

Obligatory fast For every day of Ramadan The night before from maghrib till fajr Must be specific: Ramadan Cannot intend two obligatory fasts in one day In the heart and best to aid the heart with speech THE MOST COMPLETE INTENTION

“I intend fasting the following day performing the obligation of Ramadan in the present year for Allah Most High”

ﻧَ َو ْﯾ ُت اَ ْن أَ ُﺻ ْو َم َﻏدًا َﻋ ْن أَدا ِء َﻓ ْر ِض َﺷ ْﮭ ِر َر َﻣ َﺿﺎ َن ھذ ِه اﻟ ﱠﺳﻧَ ِﺔ ِ ﱠC ﺗﻌﺎﻟﻰ 2ND INTEGRAL: INTENTION OF A SUNNAH FAST

Obligatory fast Sunnah fast For every day of Ramadan The night before from Maghrib untill fajr From maghrib until midday of the fast Must be specific: Fard Ramadan No need to specify unless it is a specific day such as Arafah Cannot intend two obligatory fasts in one day Can join many intentions on the same day In the heart and best to aid the heart Gains reward of sunnah day if with speech obligatory fast occurs on that day 3RD INTEGRAL OF FASTING: REFRAINING FROM THOSE THINGS THAT BREAKS THE FAST

General rules vKnowingly i.e. not excused in ignorance A new Muslim who hasn’t hasd the time to study or living far away from the ulema vRemembering the fast i.e. forgetting the fast absent-mindedly vWilfully i.e. not compelled 3RD INTEGRAL OF FASTING: REFRAINING FROM THOSE THINGS THAT BREAKS THE FAST vDisbelief: leaving Islam vMadness vUnconscious the whole day and similarly inexcusable intoxication vMenstruation, Postnatal bleeding, Childbirth vSexual intercourse vVomiting which is deliberately induced (involuntary does not break the fast vEating or drinking or smoking vWilful seminal emission BREAKS THE FAST: EATING OR DRINKING

1) Into the body cavity (head, chest and abdomen) 2) Through an open passageway 3) The entering of any substance 4) Wilfully BREAKS THE FAST: EATING OR DRINKING

1) Into the body cavity

Head chest abdomen BREAKS THE FAST: EATING OR DRINKING

2) Through an open passageway ءﺎﺣ :Mouth nose, inner ear, anus, urethra Not open vThe eye: kohl does not affect even if tasted vPores of skin: skin absorption of oils and creams RULING OF INJECTIONS

A matter of debate between scholars: 1) Directly into a vessel breaks (IV), Otherwise (IM, SC) does not

Other opinions 2) All break 3) None break 4) Sustaining breaks. In non-sustaining IV breaks but IM does not 5) None break except directly to stomach BREAKS THE FAST: EATING OR DRINKING

3) The entering of any substance Food, drink, solid, liquid, suppository, inhaled drug, tobacco smoke from cigarettes… Not taste or smell Beware of Snot and phlegm Exceptions: vSunnah rinsing out of nose and mouth for ordered wudu or ghusl as long as do not exaggerate vIf one has to exaggerate to remove najasah from mouth or nose vOne’s own unaltered pure spit from the mouth or effect of rinsing water BREAKS THE FAST: EATING OR DRINKING

4) Wilfully So the following do not break the fast Swallowing a fly or mosquito Flour Dust from the street WILFUL SEMINAL EMISSION

By oneself or someone else/spouse With desire or without

Does not break: Dream Touching one’s spouse through covering By touching someone that isn’t usually desirable (e.g. unmarriageable kin such as mother)

Kissing is haram if it sets off one’s desires in an obligatory fast. Otherwise better not to kiss. 4TH INTEGRAL OF FASTING: FROM THE TIME OF FAJR TO MAGHRIB vMust ensure that from the beginning of Must hold off the day and make up the fajr to sunset no food or drink is ingested fast vIn northern latitude with persistent vIf eats and realises that it is after fajr twilight: fajr needs to be determined vIf forgets the intention at night vThe Shafii madhab considers fajr vConsiders it 30TH Shaban but actually determined appropriate to the nearest st town that fajr occurs 1 Ramadan vBeing cautious with an appropriate last day method suffices (as per advice of various muftis) vBest to delay 15mins before time 5TH INTEGRAL: A DAY PERMISSIBLE TO FAST

Obligatory: Forbidden: 1) Ramadan A) and correct: wife without permission of present husband 2) Making up B) and incorrect: 3) Expiation 1) Eid Fitr 4) On the Hajj and Umrah rather than slaughtering 2) Eid alAdha 5) When seeking rain and ordered by the 3) The days of tashriq: 11,12,13 DhulHijjah leader 4) Second half of Shaban (16+) without reason 6) Oath 5) The day of doubt : 30th of Shaban without reason 6) Without breaking fast at night RULING OF FASTING

Sunnah Makruh 1) In the week: Monday and Thursday Every day if one fears missing a sunnah right or fears harm 2) In the month: ­ The white days 13, 14, 15 Singling out Friday, Saturday or Sunday ­ The dark days 28, 29, 30 3) In the year: ­ The day of Arafah for other than hajji ­ 9,10, 11 Muharram ­ Six from Shawwal ­ The sacred months ­ First third of DhulHijjah 4) Every other day if no harm: “Dawud” EXCUSES FOR NOT FASTING

َو َﻣن َﻛﺎ َن َﻣ ِرﯾ ًﺿﺎ أَ ْو َﻋﻠَ ٰﻰ َﺳﻔَ ٍر ﻓَ ِﻌدﱠةٌ ِّﻣ ْن أَﯾﱠﺎ ٍم أُ َﺧ َر ﯾُ ِرﯾدُ ا ﱠAُ ِﺑﻛُ ُم ا ْﻟﯾُ ْﺳ َر َو َﻻ ﯾُ ِرﯾدُ ِﺑﻛُ ُم ا ْﻟﻌُ ْﺳ َر َو ِﻟﺗُ ْﻛ ِﻣﻠُوا ا ْﻟ ِﻌدﱠةَ ﴿اﻟﺑﻘرة: ١٨٥﴾

But if any one is ill or on a journey the prescribed period (should be made up) by days later. Allah intends every facility for you; He does not want to put to difficulties. He wants you to complete the prescribed period EXCUSED FROM THE FAST: vA traveller whose journey is long and permissible- as long as they travel before fajr vElderly person unable to fast vA sick person who fears that fasting would cause him considerable harm vThe one overcome with hunger and thirst vA woman who is pregnant or breast-feeding if she fears harm to herself or her child vSaving the life of someone else THE FARMER, HARVESTER

Can break his fast fulfilling the following six conditions: 1. Cannot delay his work to later in the year 2. Cannot work at night 3. If fasts experiences difficulty that is difficult to tolerate 4. Makes intention & starts the day fasting 5. Breaks fast when intolerable 6. Does not intend the work to keep away from fasting THE FOLLOWING MUST MAKE UP MISSED FAST DAYS:

Immediately if no valid excuse. Otherwise before the next Ramadan van apostate who returns to Islam va woman with menstrual or post-natal bleeding (once the bleeding has stopped) va traveller va sick person who has recovered from his illness vPregnant woman or breast-feeder who fears harm to herself with or without her child THE EXPIATION PAYMENT

Mudd or Handful or 0.51litres of staple food given to the poor for each day Must be paid by: vElderly unable to fast vSick with illness (recovery is not expected) and cannot fast even in the winter months vPregnant or breast feeding woman fearing harm for her child alone (& not alone) vFailing to make up previous Ramadan fast before Ramadan and able to do so &hasn’t forgotten or ignorant IF SOMEONE DIES AFTER BEING ABLE TO MAKE UP THE FAST

Family member decides between the following: 1. Pay expiation of mudd from the deceased’s inheritance for each fast day 2. Fast on behalf of the deceased THE GREAT EXPIATION

Abu Huraira reported that a person came to the Messenger of Allah and said: Messenger of Allah, I am destroyed. He (the Holy Prophet) said: What has brought about your ruin? He said: I have had intercourse with my wife during the month of Ramadan. Upon this he (the Holy prophet) said: Can you find a slave to set him free? He (the Prophet again) said: Can you observe fast for two consecutive خHe said: N months? He said: No. He (the Holy Prophet) said: Can you provide food to sixty poor people?, He said: No. He then sat down and (in the meanwhile) there was brought to the Messenger of Allah ( ( a basket which contained dates. He (the Holy Prophet) said: Give these (dates) in charity. He (the man) said: Am I to give to one who is poorer than I? There is no family poorer than mine between the two lava plains of Medina. The Apostle of Allah laughed so that his molar teeth became visible and said: Go and give it to your family to eat THE GREAT EXPIATION

Knowingly willingly breaking one’s current Ramadan fast by sexual intercourse entails the following five from the man alone: 1. Wrongdoing requiring tawbah 2. Withholding from eating and drinking the rest of the day 3. Making up the fast 4. Freeing a sound Muslim slave if unable then fasting two consecutive months if unable then feeding 60 poor Muslims a mudd 0.51 litres 5. Reprimand of the Muslim leader/judge RECOMMENDATIONS vMeal before fajr (suhur)- from midnight as long as fajr has not entered. Even if just water. Dates are sunnah vAvoid that which breaks the reward of fast: vBackbiting vSlander vLying vFalse oath vLooking at haram vHastening breaking the fast once certain that sun has set with dates, water, fruit, sweets vSupplication after breaking one‘s fast DUA

اﻟﻠﱠ ُﮭ ﱠم ﻟَ َك ُﺻ ْﻣ ُت و ِﺑ َك آ َﻣ ْﻧ ُت و ﻋﻠﻰ ِر ْز ِﻗ َك أَ ْﻓ َط ْر ُت ذَ َھ َب اﻟ ﱠظ َﻣﺄُ و ا ْﺑﺗَﻠﱠت اﻟﻌُ ُرو ُق وﺛَﺑَ َت اﻷَ ْﺟ ُر ِإ ْن َﺷﺎ َء ﷲ اﻟ َﺣ ْﻣدُ ِ ﱠ Oِ اﻟﱠذي أَ َﻋﺎ ِﻧﻲ ﻓَ ُﺻ ْﻣ ُت و َر َزﻗَ ِﻧﻲ ﻓَﺄَ ْﻓ َط ْر ُت اﻟﻠﱠ ُﮭ ﱠم ِإ ِﻧّﻲ أَ ْﺳﺄَﻟُ َك ِﺑ َر ْﺣ َﻣ ِﺗ َك اﻟﱠ ِﺗﻲ َو ِﺳﻌَ ْت ﻛُ ﱠل َﺷ ْﻲ ٍء أَ ْن ﺗَ ْﻐ ِﻔ َر ِﻟﻲ DUA

O Allah, for You I have fasted, in You I believe and upon Your provision I have broken my fast. The thirst has gone and the veins have become saturated and the reward has been obtained, Allah willing. Praise be to Allah Who has assisted me so that I fasted and provided for me so that I broke my fast. O Allah, I ask You by Your mercy which encompasses everything to forgive me.’ RECOMMENDATIONS vGhusl before fajr if ritually impure vGhusl every evening vReading lots of Quran with reflection vSalat atTarawih vWitr in congregation with qunut the second half of Ramadan vIncreasing in sunan vCharity v‘itikaaf spiritual retreat whenever in masjid vWorking harder in the last 10 nights vBreaking others fasts DISLIKED vBloodletting or Cupping vTasting food without a need vGhusl by dipping vSiwak after dhuhr and similarly brushing one’s teeth with toothpaste and mouthwash vLots of eating or sleeping vEngaging in permissible desires vOvereating Q&A AND THANKS

The Prophet said: He who does not thank people has not thanked Allah (Abu Dawud)