Fiqh-us-Sunnah
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Volume 3
Fiqh 3.109 - 3.156
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Fiqh 3.109: The Virtues of Ramadan and the Deeds Done During It
Abu Hurairah reported that the Prophet, upon whom be peace, said: "The blessed month has come to you. Allah has made fasting during it obligatory upon you. During it, the gates to Paradise are opened and the gates to hellfire are locked, and the devils are chained. There is a night [during this month] which is better than a thousand months. Whoever is deprived of its good is really deprived [of something great]." This is related by Ahmad, an-Nasa'i, and al-Baihaqi.
'Arfajah testifies to this: "We were with 'Utbah ibn Farqad while he was discussing Ramadan. A companion of the Prophet entered upon the scene. When 'Utbah saw him, he became shy and stopped talking. The man [the companion] spoke about Ramadan, saying: 'I heard the Messenger of Allah say during Ramadan: "The gates of Hell are closed, the gates of Paradise are opened, and the devils are in chains. An angel calls out: 'O you who intend to do good deeds, have glad tidings. O you who intend to do evil, refrain, until Ramadan is completed.'"
Muslim relates that Abu Hurairah reported the Prophet saying: "The time between the five prayers, two consecutive Friday prayers, and two consecutive Ramadans are expiations for all that has happened during that period, provided that one has avoided the grave sins."
Abu Sa'id al-Khudri reported that the Prophet, upon whom be peace, said: "Whoever fasts the month of Ramadan, obeying all of its limitations and guarding himself against what is forbidden, has in fact atoned for any sins he committed before it." Ahmad and alBaihaqi related this hadith with a good chain.
Abu Hurairah reported that the Prophet, upon whom be peace, said: "Whoever fasts the month of Ramadan with faith and seeks Allah's pleasure and reward will have his previous sins forgiven." This hadith is related by Ahmad and the compilers of the sunan.
Fiqh 3.110: The Consequence of Breaking the Fast of Ramadan
Ibn 'Abbas reported that the Prophet said: "The bare essence of Islam and the basics of the religion are three [acts], upon which Islam has been established. Whoever leaves one of them becomes an unbeliever and his blood may legally be spilled. [The acts are:] Testifying that there is no God except Allah, the obligatory prayers, and the fast of Ramadan." This hadith is related by Abu Ya'la and ad-Dailimi. Azh-Zhahabi called it sahih.
Abu Hurairah reported that the Messenger of Allah, upon whom be peace, said: "Whoever breaks his fast during Ramadan without having one of the excuses that Allah would excuse him for, then even a perpetual fast, if he were to fast it, would not make up for that day." This is related by Abu Dawud, Ibn Majah, and atTirmizhi.
Al-Bukhari records from Abu Hurairah in marfu' form: "Whoever breaks the fast of Ramadan without having a legitimate excuse or being ill, he cannot make up for that day, even if he were to undertake a perpetual fast." Ibn Mas'ud has also reported this.
Azh-Zhahabi says: "According to the established believers, anyone who leaves the fast of Ramadan without being sick is worse than a fomicator or an alcoholic. In fact, they doubt his Islam and they suspect that he might be a zandiqah and one of those who destroy [Islam].
Fiqh 3.111: The Arrival of Ramadan
This event is confirmed by sighting the new moon, even if it is seen by only one just person, or by the passage of thirty days in the immediately preceding month of Sha'ban.
Ibn 'Umar said: "The people were looking for the new moon and when I reported to the Messenger of Allah that I had seen it, he fasted and ordered the people to fast." This is related by Abu Dawud, al-Hakim, and Ibn Hibban, who declared it to be sahih.
Abu Hurairah reported that the Prophet instructed: "Fast after you have seen it [the new crescent] and end the fast [at the end of the month] when you see it. If it is hidden from you, then wait until the thirty days of Sha'ban have passed." This is related by al-Bukhari and Muslim.
Commenting on these reports, at-Tirmizhi states: "Most knowledgeable people act in accordance with these reports. They say that it is correct to accept the evidence of one person to determine the beginning of the fast. This is the opinion of Ibn alMubarak, ash-Shaf'i, and Ahmad. An-Nawawi says that it is the soundest opinion. Conceming the new moon of Shawwal [which signifies the end of the fast], it is confimmed by completing thirty days of Ramadan, and most jurists state that the new moon must have been reported by at least two just witnesses. However, Abu Thaur does not distinguish between the new moon of Shawwal and the new moon of Ramadan. In both cases, he accepts the evidence of only one just witness."
Ibn-Rushd comments that: "The opionion of Abu Bakr ibn alMunzhir, which is also that of Abu Thaur and, I suspect, that of the Zhahiri school of thought, is supported by the following argument given by Abu Bakr al-Munzhiri: there is complete agreement that breaking the fast is obligatory, that abstaining from eating is based on one person's report, and that the situation must be like that for the beginning of the month and for the ending of the month, as both of them are simply the signs that differentiate the time of fasting from the time of not fasting."
Ash-Shaukani observes: "If there is nothing authentic recorded that states that one may only accept two witnesses for the end of the month, then it is apparent, by analogy, that one witness is sufficient, as it is sufficient for the beginning of the month. Furthemmore, worship based on the acceptance of one report points to the fact that such singular reports are accepted in every matter unless there is some evidence that specifies the peculiarity of specific cases, such as the number of witnesses concerning matters of wealth, and so on. Apparently this is the opinion of Abu Thaur."
Fiqh 3.112: Different Locations
According to the majority of scholars, it does not matter if the new moon has been sighted in a different location. In other words, after the new moon is seen anywhere in the world, it becomes obligatory for all Muslims to begin fasting, as the Prophet said: "Fast due to its sighting and break the fast due to its sighting." This hadith is a general address directed to the whole Muslim world - that is, "if any one of you sees the moon in any place, then that will be a sighting for all of the people."
According to 'Ikrimah, al-Qasim ibn Muhammad, Salim, Ishaq, the correct opinion among the Hanafiyyah, and the chosen opinion among the Shaf'iyyah, every "country" (or territory) is to take into consideration its own sighting and not necessarily to follow the sighting of others. This is based on what Kuraib said: "While I was in ash-Sham, the new moon of Ramadan appeared on Thursday night. I retumed to Madinah at the end of the month. There, Ibn 'Abbas asked me: 'When did you people see the new moon?' I said: 'We saw it on Thursday night.' He said: 'Did you see it yourself?' I said: 'Yes, the people saw it, and they and Mu'awiyyyah fasted.' He said: 'But we saw it on Friday night. We will not stop fasting until we complete thirty days or until we see the new moon.' I said: 'Isn't Mu'awiyyah's sighting and fasting sufficient for you?' He said: 'No . . . This is the order of the Messenger of Allah.' " This is related by Ahmad, Muslim, and at-Tirmizhi.
About the hadith, at-Timmizhi says: "It is hassan sahih ghareeb. Scholars act in accordance with this hadith. Every land has its sighting." In Fath al-'Alam Sharh Bulugh al-Maram, it is stated: The [opinion] closest [to the truth] is that each land follows its sighting, as well as the areas that are connected to it."
Fiqh 3.113: Sighting of the Crescent by one Person
The scholars of fiqh agree that if only one person sees the new moon, he is to fast. 'Ata differs and says that he is not to fast until someone else also sights the new moon with him. The correct position is that he is to break the fast, as ash-Shaf'i and Abu Thaur have ruled. The Prophet has based the fast and its breaking on the sighting of the moon. One's own sight is enough for him and there is no need for another person's sighting.
Fiqh 3.113 a: The Essential Elements of the Fast
The fast has two essential elements (literally, "pillars") that must be fulfilled for it to be valid and acceptable. They are:
Fiqh 3.113 b: Essential elements of fasting, abstaining from acts that break the fast
This point is based on the Qur'anic verse: "Eat and drink until the white thread becomes distinct to you from the black thread of the dawn. Then strictly observe the fast until nightfall."
This is also based on the following hadith: "When the verse 'Eat and drink until the white thread becomes distinct to you...' was revealed, I took a black thread and a white thread and placed them underneath my pillow. During the night I looked at them to see if I could distinguish between them. In the morning I went to the Messenger of Allah and mentioned that to him and he said: 'It is the black of the night and the white of the day.'"
Fiqh 3.113 c: Essential elements of fasting, the intention
Allah instructs in the Qur'an: "And they are ordained nothing else than to serve Allah, keeping religion pure for Him." The Prophet, upon whom be peace, said: "Actions are judged according to the intention behind them, and for everyone is what he intended."
The intention must be made before fajr and during every night of Ramadan. This point is based on the hadith of Hafsah which reported that the Prophet said: "Whoever does not determine to fast before fajr will have no fast" (that is, it won't be accepted). This is related by Ahmad, an-Nasa'i, at-Tirmizhi, Abu Dawud, and Ibn Majah. Ibn Khuzaimah and Ibn Hibban have classified it as sahih.
The intention is valid during any part of the night. It need not be spoken, as it is in reality an act of the heart which does not involve the tongue. It will be fulfilled by one's intention to fast out of obedience to Allah and for seeking His pleasure.
If one eats one's pre-dawn meal (sahoor) with the intention of fasting and to get closer to Allah by such abstinence, then one has performed the intention. If one determines that one will fast on the next day solely for the sake of Allah, then one has performed the intention even if a pre-dawn meal was not consumed.
According to many of the jurists, the intention for a voluntary fast may be made at any time before any food is consumed. This opinion is based on 'Aishah's hadith: "The Prophet came to us one day and said: 'Do you have any [food]?' We said, 'No.' He said: 'Therefore, I am fasting." This is related by Muslim and Abu Dawud.
The Hanafiyyah and Shaf'iyyah stipulate that the intention must be made before noon (for voluntary fasts). The apparent opinion of Ibn Mas'ud and Ahmad is that the intention may be made before or after noon.
Fiqh 3.114: Essential elements of fasting, who must fast
All scholars agree that fasting is obligatory upon every sane, adult, healthy Muslim male who is not traveling at that time. As for a woman, she must not be menstruating or having post-childbirth bleeding. People who are insane, minors, and those who are traveling, menstruating, or going through post-childbirth bleeding, and the elderly and breast-feeding or pregnant women do not need to observe the fast.
For some, the fast is not obligatory at all, for example, the insane. In the case of young people, their parents or guardians should order them to fast. Some are to break the fast and make up the missed days of fasting at a later date, while others are to break the fast and pay a "ransom" (in which case, they are not obliged to make up the days they missed). We shall discuss each group in more detail.
Fiqh 3.114 a: Essential elements of fasting, the fast of the insane
Fasting is not obligatory for the insane because of their inability to understand what they are doing. 'Ali reported that the Prophet, upon whom be peace, said: "The pen is raised for three groups [of people]--that is, they will not be responsible for their actions: the insane until they become sane, those who are sleeping until they awaken, and the young until they reach puberty." This is related by Ahmad, Abu Dawud, and at-Tirmizhi.
Fiqh 3.114 b: Essential elements of fasting, the fast of the young [non-adults]
Though the young are not required to fast, it is proper for their guardians to encourage them to fast so they will become accustomed to it at an early age. They may fast as long as they are able to and then may break it. ArRabi'a bint Mu'awiyyah reported: "The Messenger of Allah sent a man, on the morning of the day of 'Ashurah, to the residences of the Ansar, saying: 'Whoever has spent the morning fasting is to complete his fast. Whoever has not spent this morning fasting should fast for the remainder of the day.' We fasted after that announcement, as did our young children. We would go to the mosque and make toys stuffed with cotton for them to play with. If one of them started crying due to hunger, we would give them a toy to play with until it was time to eat." This is related by al-Bukhari and Muslim.
Fiqh 3.115: Essential elements of fasting, those who are permitted to break the fast, but who must pay a "ransom" for not fasting
Elderly men and women are permitted to break their fasts, as are the chronically ill, and those who have to perform difficult jobs under harsh circumstances and who could not find any other way to support themselves. All of these people are allowed to break their fast, because such a practice would place too much hardship on them during any part of the year. They are obliged to feed one poor person [miskin] a day (for every day of fasting that they do not perform). The scholars differ over how much food is to be supplied, for example, a sa', half a sa', or a madd. There is nothing in the sunnah that mentions exactly how much is to be given.
Ibn 'Abbas said: "An elderly man is permitted to break his fast, but he must feed a poor person daily. If he does this, he does not have to make up the days that he did not fast. This is related by ad-Daraqutni and by al-Hakim, who said it is sahih. Al-Bukhari recorded that 'Ata heard Ibn 'Abbas recite the 'ayah: "And for those who can fast [but do not], there is a "ransom': the feeding of a person in need" [al-Baqarah 185]. Then Ibn 'Abbas continued: "It has not been abrogated. [Its ruling applies] to elderly men and women who are not able to fast. Instead, they must feed one poor person on a daily basis."
The same is true for one who is chronically ill and as such cannot fast, and for one who is forced to work under harsh circumstances and as such cannot endure the additional burden of fasting. Both groups must also feed one poor person daily.
Commenting on al-Baqarah's 'ayah, Sheikh Muhammad 'Abduh says: "What is meant by those who can fast' [(but do not) in the Qur'anic verse] is the weak elderly people, the chronically ill, and so on, and similarly, those workers who are working under severe conditions, such as coal miners. The same applies to criminals who are sentenced to life imprisonment with hard labor. They have to pay the 'ransom' if they have the means to do so."
Pregnant and breast-feeding women, if they fear for themselves or for the baby, can break the fast and pay the "ransom." They do not have to make up the days missed. Abu Dawud related from 'Ikrimah that Ibn 'Abbas said concerning the 'ayah "And for those who can fast [but do not],": "This is a concession for the elderly, as they can fast. They are to break the fast and feed one poor person a day. Pregnant or breast-feeding women, if they fear for the child, can do likewise." This is related by al-Bazzar. At the end of the report, there is the addition: "Ibn 'Abbas used to say to his wives who were pregnant: 'You are in the same situation as those who can fast [but do not]. You are to pay the "ransom" and do not have to make up the days later.' " Of its chain, ad-Daraqutni says it is sahih.
Nafi' reported that Ibn 'Umar was asked about a pregnant woman who feared for her unborn baby. He replied: "She is to break the fast and to feed one poor person a day one madd of barley."
There is also a hadith that states: "Allah has relieved the travelers of fasting and half of the prayer, and the pregnant and the breast-feeding women of the fast."According to the Hanafiyyah, Abu Ubaid, and Abu Thaur, such women are only to make up the missed days of fasting, and they are not supposed to feed one poor person a day. According to Ahmad and ash-Shaf'i, if such women fear only for the baby, they must pay the "ransom" and make up the days later. If they fear only for themselves or for themselves and the baby, then they are only to make up the missed days at a later date.
On the occasion of ramadan i am aoffering u this gift
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Volume 3
Fiqh 3.109 - 3.156
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Fiqh 3.109: The Virtues of Ramadan and the Deeds Done During It
Abu Hurairah reported that the Prophet, upon whom be peace, said: "The blessed month has come to you. Allah has made fasting during it obligatory upon you. During it, the gates to Paradise are opened and the gates to hellfire are locked, and the devils are chained. There is a night [during this month] which is better than a thousand months. Whoever is deprived of its good is really deprived [of something great]." This is related by Ahmad, an-Nasa'i, and al-Baihaqi.
'Arfajah testifies to this: "We were with 'Utbah ibn Farqad while he was discussing Ramadan. A companion of the Prophet entered upon the scene. When 'Utbah saw him, he became shy and stopped talking. The man [the companion] spoke about Ramadan, saying: 'I heard the Messenger of Allah say during Ramadan: "The gates of Hell are closed, the gates of Paradise are opened, and the devils are in chains. An angel calls out: 'O you who intend to do good deeds, have glad tidings. O you who intend to do evil, refrain, until Ramadan is completed.'"
Muslim relates that Abu Hurairah reported the Prophet saying: "The time between the five prayers, two consecutive Friday prayers, and two consecutive Ramadans are expiations for all that has happened during that period, provided that one has avoided the grave sins."
Abu Sa'id al-Khudri reported that the Prophet, upon whom be peace, said: "Whoever fasts the month of Ramadan, obeying all of its limitations and guarding himself against what is forbidden, has in fact atoned for any sins he committed before it." Ahmad and alBaihaqi related this hadith with a good chain.
Abu Hurairah reported that the Prophet, upon whom be peace, said: "Whoever fasts the month of Ramadan with faith and seeks Allah's pleasure and reward will have his previous sins forgiven." This hadith is related by Ahmad and the compilers of the sunan.
Fiqh 3.110: The Consequence of Breaking the Fast of Ramadan
Ibn 'Abbas reported that the Prophet said: "The bare essence of Islam and the basics of the religion are three [acts], upon which Islam has been established. Whoever leaves one of them becomes an unbeliever and his blood may legally be spilled. [The acts are:] Testifying that there is no God except Allah, the obligatory prayers, and the fast of Ramadan." This hadith is related by Abu Ya'la and ad-Dailimi. Azh-Zhahabi called it sahih.
Abu Hurairah reported that the Messenger of Allah, upon whom be peace, said: "Whoever breaks his fast during Ramadan without having one of the excuses that Allah would excuse him for, then even a perpetual fast, if he were to fast it, would not make up for that day." This is related by Abu Dawud, Ibn Majah, and atTirmizhi.
Al-Bukhari records from Abu Hurairah in marfu' form: "Whoever breaks the fast of Ramadan without having a legitimate excuse or being ill, he cannot make up for that day, even if he were to undertake a perpetual fast." Ibn Mas'ud has also reported this.
Azh-Zhahabi says: "According to the established believers, anyone who leaves the fast of Ramadan without being sick is worse than a fomicator or an alcoholic. In fact, they doubt his Islam and they suspect that he might be a zandiqah and one of those who destroy [Islam].
Fiqh 3.111: The Arrival of Ramadan
This event is confirmed by sighting the new moon, even if it is seen by only one just person, or by the passage of thirty days in the immediately preceding month of Sha'ban.
Ibn 'Umar said: "The people were looking for the new moon and when I reported to the Messenger of Allah that I had seen it, he fasted and ordered the people to fast." This is related by Abu Dawud, al-Hakim, and Ibn Hibban, who declared it to be sahih.
Abu Hurairah reported that the Prophet instructed: "Fast after you have seen it [the new crescent] and end the fast [at the end of the month] when you see it. If it is hidden from you, then wait until the thirty days of Sha'ban have passed." This is related by al-Bukhari and Muslim.
Commenting on these reports, at-Tirmizhi states: "Most knowledgeable people act in accordance with these reports. They say that it is correct to accept the evidence of one person to determine the beginning of the fast. This is the opinion of Ibn alMubarak, ash-Shaf'i, and Ahmad. An-Nawawi says that it is the soundest opinion. Conceming the new moon of Shawwal [which signifies the end of the fast], it is confimmed by completing thirty days of Ramadan, and most jurists state that the new moon must have been reported by at least two just witnesses. However, Abu Thaur does not distinguish between the new moon of Shawwal and the new moon of Ramadan. In both cases, he accepts the evidence of only one just witness."
Ibn-Rushd comments that: "The opionion of Abu Bakr ibn alMunzhir, which is also that of Abu Thaur and, I suspect, that of the Zhahiri school of thought, is supported by the following argument given by Abu Bakr al-Munzhiri: there is complete agreement that breaking the fast is obligatory, that abstaining from eating is based on one person's report, and that the situation must be like that for the beginning of the month and for the ending of the month, as both of them are simply the signs that differentiate the time of fasting from the time of not fasting."
Ash-Shaukani observes: "If there is nothing authentic recorded that states that one may only accept two witnesses for the end of the month, then it is apparent, by analogy, that one witness is sufficient, as it is sufficient for the beginning of the month. Furthemmore, worship based on the acceptance of one report points to the fact that such singular reports are accepted in every matter unless there is some evidence that specifies the peculiarity of specific cases, such as the number of witnesses concerning matters of wealth, and so on. Apparently this is the opinion of Abu Thaur."
Fiqh 3.112: Different Locations
According to the majority of scholars, it does not matter if the new moon has been sighted in a different location. In other words, after the new moon is seen anywhere in the world, it becomes obligatory for all Muslims to begin fasting, as the Prophet said: "Fast due to its sighting and break the fast due to its sighting." This hadith is a general address directed to the whole Muslim world - that is, "if any one of you sees the moon in any place, then that will be a sighting for all of the people."
According to 'Ikrimah, al-Qasim ibn Muhammad, Salim, Ishaq, the correct opinion among the Hanafiyyah, and the chosen opinion among the Shaf'iyyah, every "country" (or territory) is to take into consideration its own sighting and not necessarily to follow the sighting of others. This is based on what Kuraib said: "While I was in ash-Sham, the new moon of Ramadan appeared on Thursday night. I retumed to Madinah at the end of the month. There, Ibn 'Abbas asked me: 'When did you people see the new moon?' I said: 'We saw it on Thursday night.' He said: 'Did you see it yourself?' I said: 'Yes, the people saw it, and they and Mu'awiyyyah fasted.' He said: 'But we saw it on Friday night. We will not stop fasting until we complete thirty days or until we see the new moon.' I said: 'Isn't Mu'awiyyah's sighting and fasting sufficient for you?' He said: 'No . . . This is the order of the Messenger of Allah.' " This is related by Ahmad, Muslim, and at-Tirmizhi.
About the hadith, at-Timmizhi says: "It is hassan sahih ghareeb. Scholars act in accordance with this hadith. Every land has its sighting." In Fath al-'Alam Sharh Bulugh al-Maram, it is stated: The [opinion] closest [to the truth] is that each land follows its sighting, as well as the areas that are connected to it."
Fiqh 3.113: Sighting of the Crescent by one Person
The scholars of fiqh agree that if only one person sees the new moon, he is to fast. 'Ata differs and says that he is not to fast until someone else also sights the new moon with him. The correct position is that he is to break the fast, as ash-Shaf'i and Abu Thaur have ruled. The Prophet has based the fast and its breaking on the sighting of the moon. One's own sight is enough for him and there is no need for another person's sighting.
Fiqh 3.113 a: The Essential Elements of the Fast
The fast has two essential elements (literally, "pillars") that must be fulfilled for it to be valid and acceptable. They are:
Fiqh 3.113 b: Essential elements of fasting, abstaining from acts that break the fast
This point is based on the Qur'anic verse: "Eat and drink until the white thread becomes distinct to you from the black thread of the dawn. Then strictly observe the fast until nightfall."
This is also based on the following hadith: "When the verse 'Eat and drink until the white thread becomes distinct to you...' was revealed, I took a black thread and a white thread and placed them underneath my pillow. During the night I looked at them to see if I could distinguish between them. In the morning I went to the Messenger of Allah and mentioned that to him and he said: 'It is the black of the night and the white of the day.'"
Fiqh 3.113 c: Essential elements of fasting, the intention
Allah instructs in the Qur'an: "And they are ordained nothing else than to serve Allah, keeping religion pure for Him." The Prophet, upon whom be peace, said: "Actions are judged according to the intention behind them, and for everyone is what he intended."
The intention must be made before fajr and during every night of Ramadan. This point is based on the hadith of Hafsah which reported that the Prophet said: "Whoever does not determine to fast before fajr will have no fast" (that is, it won't be accepted). This is related by Ahmad, an-Nasa'i, at-Tirmizhi, Abu Dawud, and Ibn Majah. Ibn Khuzaimah and Ibn Hibban have classified it as sahih.
The intention is valid during any part of the night. It need not be spoken, as it is in reality an act of the heart which does not involve the tongue. It will be fulfilled by one's intention to fast out of obedience to Allah and for seeking His pleasure.
If one eats one's pre-dawn meal (sahoor) with the intention of fasting and to get closer to Allah by such abstinence, then one has performed the intention. If one determines that one will fast on the next day solely for the sake of Allah, then one has performed the intention even if a pre-dawn meal was not consumed.
According to many of the jurists, the intention for a voluntary fast may be made at any time before any food is consumed. This opinion is based on 'Aishah's hadith: "The Prophet came to us one day and said: 'Do you have any [food]?' We said, 'No.' He said: 'Therefore, I am fasting." This is related by Muslim and Abu Dawud.
The Hanafiyyah and Shaf'iyyah stipulate that the intention must be made before noon (for voluntary fasts). The apparent opinion of Ibn Mas'ud and Ahmad is that the intention may be made before or after noon.
Fiqh 3.114: Essential elements of fasting, who must fast
All scholars agree that fasting is obligatory upon every sane, adult, healthy Muslim male who is not traveling at that time. As for a woman, she must not be menstruating or having post-childbirth bleeding. People who are insane, minors, and those who are traveling, menstruating, or going through post-childbirth bleeding, and the elderly and breast-feeding or pregnant women do not need to observe the fast.
For some, the fast is not obligatory at all, for example, the insane. In the case of young people, their parents or guardians should order them to fast. Some are to break the fast and make up the missed days of fasting at a later date, while others are to break the fast and pay a "ransom" (in which case, they are not obliged to make up the days they missed). We shall discuss each group in more detail.
Fiqh 3.114 a: Essential elements of fasting, the fast of the insane
Fasting is not obligatory for the insane because of their inability to understand what they are doing. 'Ali reported that the Prophet, upon whom be peace, said: "The pen is raised for three groups [of people]--that is, they will not be responsible for their actions: the insane until they become sane, those who are sleeping until they awaken, and the young until they reach puberty." This is related by Ahmad, Abu Dawud, and at-Tirmizhi.
Fiqh 3.114 b: Essential elements of fasting, the fast of the young [non-adults]
Though the young are not required to fast, it is proper for their guardians to encourage them to fast so they will become accustomed to it at an early age. They may fast as long as they are able to and then may break it. ArRabi'a bint Mu'awiyyah reported: "The Messenger of Allah sent a man, on the morning of the day of 'Ashurah, to the residences of the Ansar, saying: 'Whoever has spent the morning fasting is to complete his fast. Whoever has not spent this morning fasting should fast for the remainder of the day.' We fasted after that announcement, as did our young children. We would go to the mosque and make toys stuffed with cotton for them to play with. If one of them started crying due to hunger, we would give them a toy to play with until it was time to eat." This is related by al-Bukhari and Muslim.
Fiqh 3.115: Essential elements of fasting, those who are permitted to break the fast, but who must pay a "ransom" for not fasting
Elderly men and women are permitted to break their fasts, as are the chronically ill, and those who have to perform difficult jobs under harsh circumstances and who could not find any other way to support themselves. All of these people are allowed to break their fast, because such a practice would place too much hardship on them during any part of the year. They are obliged to feed one poor person [miskin] a day (for every day of fasting that they do not perform). The scholars differ over how much food is to be supplied, for example, a sa', half a sa', or a madd. There is nothing in the sunnah that mentions exactly how much is to be given.
Ibn 'Abbas said: "An elderly man is permitted to break his fast, but he must feed a poor person daily. If he does this, he does not have to make up the days that he did not fast. This is related by ad-Daraqutni and by al-Hakim, who said it is sahih. Al-Bukhari recorded that 'Ata heard Ibn 'Abbas recite the 'ayah: "And for those who can fast [but do not], there is a "ransom': the feeding of a person in need" [al-Baqarah 185]. Then Ibn 'Abbas continued: "It has not been abrogated. [Its ruling applies] to elderly men and women who are not able to fast. Instead, they must feed one poor person on a daily basis."
The same is true for one who is chronically ill and as such cannot fast, and for one who is forced to work under harsh circumstances and as such cannot endure the additional burden of fasting. Both groups must also feed one poor person daily.
Commenting on al-Baqarah's 'ayah, Sheikh Muhammad 'Abduh says: "What is meant by those who can fast' [(but do not) in the Qur'anic verse] is the weak elderly people, the chronically ill, and so on, and similarly, those workers who are working under severe conditions, such as coal miners. The same applies to criminals who are sentenced to life imprisonment with hard labor. They have to pay the 'ransom' if they have the means to do so."
Pregnant and breast-feeding women, if they fear for themselves or for the baby, can break the fast and pay the "ransom." They do not have to make up the days missed. Abu Dawud related from 'Ikrimah that Ibn 'Abbas said concerning the 'ayah "And for those who can fast [but do not],": "This is a concession for the elderly, as they can fast. They are to break the fast and feed one poor person a day. Pregnant or breast-feeding women, if they fear for the child, can do likewise." This is related by al-Bazzar. At the end of the report, there is the addition: "Ibn 'Abbas used to say to his wives who were pregnant: 'You are in the same situation as those who can fast [but do not]. You are to pay the "ransom" and do not have to make up the days later.' " Of its chain, ad-Daraqutni says it is sahih.
Nafi' reported that Ibn 'Umar was asked about a pregnant woman who feared for her unborn baby. He replied: "She is to break the fast and to feed one poor person a day one madd of barley."
There is also a hadith that states: "Allah has relieved the travelers of fasting and half of the prayer, and the pregnant and the breast-feeding women of the fast."According to the Hanafiyyah, Abu Ubaid, and Abu Thaur, such women are only to make up the missed days of fasting, and they are not supposed to feed one poor person a day. According to Ahmad and ash-Shaf'i, if such women fear only for the baby, they must pay the "ransom" and make up the days later. If they fear only for themselves or for themselves and the baby, then they are only to make up the missed days at a later date.
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