Fiqh of Fasting 1430 H2009

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Fiqh of Fasting1430 H/2009

• Taught by Hacene Chebbani

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Meaning of Fasting

• Fasting in the Month of Ramadan is one of the
  pillars of Islam.
• Fasting means in Arabic Siyaam or Sawm. The
  linguistic meaning of these two words is
  abstinence.
• Allah (SWT) has commanded Mariam (pbuh) to say

• ????? ??? ???? ??????? ???? ??? ???? ?????
  ??????

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Definition of Sawm

• say, Indeed, I have vowed to the Most Merciful
  abstention, so I will not speak today to any
  man. 19/26
• Her fast was not to speak.
• Technical Definition of Fasting
• It is to serve Allah with abstinence from that
  which nullifies the fast from dawn till sunset.

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Arkan of Sawm (Pillars of Fasting)

• What are the Arkan of Fasting?
• To make an intention to fast the next day from
  the night before.
• To abstain from food, drink and intimacy from
  dawn till sunset.
• Time of Fasting
• Fasting starts from the real dawn break until
  sunset.

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Time of Fasting

• People used to be commanded to ignore the Adhaan
  of Bilal and start fasting with the Adhaan of
  Ibn Um Maktoum. (Real Fajr).
• Sunset takes place when the disk of the sun
  disappears in the horizon. The disappearance of
  the brightness is not a criteria.

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Types of Fast.

• There are six types of fast
• Specific Obligatory (Fard) Fast This one can be
  divided into two kinds of fast.
• To fast the whole month of Ramadan once a year.
• To vow to perform a fast on a specific day/date
  for the sake of Allah, upon the fulfillment of a
  wish. (Nadhr)

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Types of Fast

• Non-specific obligatory (Fard) fast This one can
  be divided into three categories.
• The obligation to make up a fast missed in the
  month of Ramadan.
• To vow to make a fast without the appointment of
  any date for the sake of Allah. (Non-specific
  nadhr)
• The fast which is ordained on someone for
  breaking qasam (oath) Kaffaratu al-Yameen

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Types of Fast

• Highly Recommended Fast
• They are the types of fast which the Prophet
  (pbuh) kept and encouraged people to observe.
  (9th/10th of Muharram, the 9th of Thul-Hijjah)
• Recommended Fast
• All types of fast besides fard (obligatory) and
  highly recommended ones are mustahab fast.
  (Fasting on Mondays/Thursdays).

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Types of Fast

• 5. Disliked (Makrouh) Fast
• Some types of fast are not encouraged in
  Shariah like fasting only on Fridays or
  Saturdays.
• 6. Prohibited Fast
• It is haraam to fast on five days during the
  year. They are Eid al-Fitr, Eid al-Adha, and
  three days after Eid al-Adha.

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Wisdom behind Diversity

• Allah (SWT) has prescribed a variety of acts of
  worship upon His servants.
• Salah A physical act of worship
• Sawm A physical act of worship
• Zakat A financial act of worship
• Hajj is both physical and financial act of
  worship.

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Wisdom behind Diversity

• The hikmah is to test the believers.
• Some people will keep doing what is easy for them
  and ignore the rest of the Ibadaat.
• Others will do what they like and desire and
  ignore the rest of acts of worship.
• The real believers will try their best to fulfill
  the command of Allah and do whatever they are
  supposed to do without personal preferences. They
  do not pick and select, rather they completely
  submit their will to the Will of their Creator.

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When do We start the Fasting?

• Muslims have to start the fasting of Ramadan when
  they see the new moon. Allah says which means
  So whoever sights the new moon of the month, let
  him fast it. 2/185
• If they do not see it the night before the 30th
  of Shabaan, then they have to complete the month
  of Shabaan and start fasting the day after.

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Continued

• The 30th of Shabaan is called Yawm as-Shak.
  (the day of doubt).
• We are not allowed to perform a fast on this day.
  Hadith None of you should fast a day or two
  before the month of Ramadan, except for a man who
  has an established practice. He should fast that
  day. (B/M)

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Continued

• If the clouds prevent people from seeing the new
  moon, then they should complete the month of
  Shabaan (30 days).
• The new moon has to be seen after sunset.
• What to follow the local or the international
  moon sighting?

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Moon Sighting

• First Opinion
• People have to follow the international moon
  sighting. If a group of Muslims see it in one
  area, every Muslim who knew about their sighting
  has to follow them.
• Proof Hadith Fast when you see the new moon,
  and break your fast when you see it. (B/M)
• Their analysis is that the Messenger is
  addressing the whole Ummah. Unity between members
  of the Muslim Ummah will be reinforced if we
  follow this opinion. This is the choice within
  the Hanbali school and the opinion of many Hanafi
  scholars.

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Moon Sighting

• Second Opinion
• The obligation falls only upon those who have
  seen the new moon and the ones who live in the
  surrounding areas. This is the choice of
  as-Shafie school and Ibn Taymiah.
• Proofs Ayah So whoever sights the new moon of
  the month, let him fast it. 2/185
• Analysis The people who did not see it or are
  not able to see it, are not under the obligation
  to fast.

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Moon Sighting

• 2nd Proof Hadith Start your fasting when you
  see the new moon, and break you fast when you see
  it. (B/M)
• Analysis Fasting is based on the sighting of the
  moon, so the people who did not see it, or are
  unable to see, they do not have to fast. Every
  local community has to have its own sighting and
  that was the understanding of Abdullah bin Abbas
  .
• 3rd Proof Muslims have different daily timings
  for Fajr and Maghrib. They should have different
  monthly timings for fasting and Iftaar.

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Moon Sighting

• Third Opinion People have to follow the khalifa
  (Muslim Leader) even if they think that he did a
  mistake, they should not show any disagreement to
  avoid the fitna. This is the choice of some
  Maliki scholars.
• Proof Hadith Celebrate Eid al-Fitr when
  people start their celebration, and celebrate the
  Eid of sacrifice when people start their
  celebration. (Tirmithi/Shaafie in his Musnad).

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Important Notes

• People may start their fast with the sighting of
  one reliable (with good ability to see) and
  trustworthy person.
• Proof Hadith Abdullah bin Umar said I
  informed the Prophet (pbuh) about seeing the new
  moon so he started his fast and commanded people
  to start fasting. (Abu dawood/al-Hakim/others).
  It was classified as sahih by albaani.

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Important Notes

• 2. People can not start their Eid celebration
  unless two reliable and trustworthy people
  testify that they have seen the new moon of
  Shawwal.
• 3. Most of the scholars said that the sick person
  is not allowed to break his fast in Ramadan
  unless the sickness is severe.

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Important Notes

• 4. The following conditions are to be observed
• - Sickness will be made worse/recovery is
  delayed.
• - Fasting will cause intense hardship
• - Those who fear to become sick because of
  fasting are included. Their fear has to be
  founded on a medical advise (The instructions of
  a Non-Muslim doctor are also accepted).

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Important Notes

• 5. The permission is not subject to the condition
  that he reaches a point where he is unable to
  fast.
• 6. The person who is slightly sick (light cold,
  headache or minor toothache) and does not suffer
  any obvious hardship is not allowed to break his
  fast.
• 7. Fasting could be haraam for someone who is
  suffering from a major disease, and fasting will
  cause him some harm.

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Important Notes

• 8. Those with permanent disease who have no hope
  for recovery, they should feed a poor for every
  day they miss.
• 9. The ransom is half a Saa of the local food.
  That is equal to 1.5 kg from dates, rice or
  something else.
• 1.5 kg of rice for every day they miss. They
  should add to it some meat.
• The Second Option They invite 30 people at the
  end of Ramadan for Iftaar, lunch or diner. That
  was the practice of Anas bin Malik .

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What invalidates the fast and what does not?

• A nosebleed does not affect the fast.
• Induced vomiting invalidates the fast. Natural
  vomiting does not.
• Meningitis vaccination, flu shots and other
  non-nutritional types of vaccination, do not
  invalidate the fast.
• Smoking invalidates the fast.
• Nasal sprays do not affect the fast. Doing them
  during night time is more safer.

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Continued

• If the fasting person rinses his mouth and cleans
  his nose and some water goes down into his
  throat by accident, then this does not break his
  fast.
• O Allah, enable us to reach the month of Ramadan
  and grant us success in it. Ameen