Fiqh of Ramadhan LESSON 3 | Abu Muadh Taqweem Aslam

Subject :Fiqh of Ramadhan.

Dars by Abu Mu’aadh Taqweem.

Lesson 3

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Is this Cupping (Hijaamah) allowed whilst the person is fasting or not?

  1. The First Narration apparently says which is  Narrated by Ibn ‘Abbâs رضى الله عنهما: The Prophet صلى الله عليه وسلم had himself cupped when he was wearing the Ihrâm (during Hajj or ‘Umrah) and had himself cupped when he was fasting.[Reported by al-Bukhari].
  2. The Second Narration says which is  Narrated by Shaddâd bin Aus رضى الله عنه: The Prophet صلى الله عليه وسلم came across a man in Al‑Baqi‘ who was being cupped in Ramadân. He said, “The one who cups and the one who is cupped have broken their fast.” [Reported by Al‑Khamsa except At‑Tirmidhi. Ahmad, Ibn Khuzaima and Ibn Hibbân graded it Sahih]. 
  3. The Third Hadeeth of Anas bin Maalik رضى الله عنه: The first time when cupping – for one who is fasting – was disapproved was when: Ja‘far bin Abû-Tâlib had himself cupped while he was fasting; the Prophet صلى الله عليه وسلم came across him and said, “Both of these have broken their fast.” Afterwards, the Prophet صلى الله عليه وسلم allowed cupping for one who is fasting. Anas used to have himself cupped when he was fasting. [Ad‑Dâraqutni reported it and declared it to be strong].
  • Here we have 3 Narrations. First, seems to indicate clearly that its permissible to cup.
  • Second one, seems to indicate that its impermissible. 
  • And the Third narration seems to indicate apparently, a bringing together of these Evidences. Because, the Third Narration seems to indicate that initially cupping wasn’t allowed but then afterwards, it was allowed. 

So, What do the Scholars say regarding this and How do we understand all of these Hadeeth?

Shaykh Al-Fawzan حفظه الله says, ”This First Hadeeth which is in Al-Bukhaare that the Prophet صلى الله عليه وسلم had the cupping done whilst he was in the state of Ihraam and he had the cupping done whilst he was in the state of fasting.There is two parts to it.One part is saying that the Prophet صلى الله عليه وسلم had the cupping done whilst he was in the state of Ihraam, that is agreed .The Second part of this Narration where it says that the Prophet صلى الله عليه وسلم had the cupping done whilst he was in the state of fasting that is where the issue lies.Here basically, there are two main opinions of the scholars regarding where the cupping is permissible whilst you are fasting or it is not permissible :

1-The First opinion which is opinion of the likes of Imaam Ash-Shaafe’ee , Al-Imaam Maalik, Al-Imaam Abo Hanifa.  ,”that cupping does not break the fast”.

Why do they take this opinion ?

  • Because of the Hadeeth of Bukhaaree where it says that the Prophet صلى الله عليه وسلم had the cupping done whilst he was fasting so this would clearly indicate that it was permissible. 
  • The Second Hadeeth that they use is that narration where it says initially the cupping was not allowed but afterwards it was. 

But if that’s the case, they have one Hadeeth that needs to be explained that is the Hadeeth where it says that the Prophet صلى الله عليه وسلمsaw two men performing cupping so Prophet صلى الله عليه وسلم said both fasts are broken. How do they explain the Hadeeth ?because that Narration must be from the time period when the Original ruling was still in place that cupping breaks your fast. Then, afterwards later on the ruling came down that it doesn’t. Therefore, they are saying that hadeeth is abrogated. 

2-The Second opinion regarding cupping whilst fasting is that the cupping breaks your fast.This is the opinion of Al-Imaam Ahmed and some more from the scholars of Hadeeth like Ishaaq ibn Ravoyah, Ibne Khuzaimah,  Shaykh ul Islaam Ibn Taimiyah and his student Al-Imaam Ibn Al Qayium. How do they come to this conclusion ?

  • The First obvious narration that they will use is the Hadeeth where it says the Prophet صلى الله عليه وسلم saw the two men and said your fasts are broken for having done the cupping whilst you were fasting.That would be one of thier core evidence to say that if you do the cupping whilst you are fasting then it breaks.

How do they then explain the other hadeeth because then they need to explain the other hadeeth : One in Bukhaaree saying the Prophet صلى الله عليه وسلم himself had the cupping done whilst he was fasting and the other saying the originally it was not allowed but then it was. 

  • The Hadeeth which says Prophet صلى الله عليه وسلم saw two men cupping is absolutely authentic (Mutawatir ) or almost to the level of being Mutawatir meaning that it was narrated by many companions.Then, even though its the strong hadeeth they still need to explain the hadeeth in Bukharee. And the way that they explain that is. The Hadeeth in Bukhaaree has two parts to it :One part where it says that the Prophet had the cupping done whilst in the state of Ihraam have no problem. Then there is the addition at the end of the Hadeeth which says and also the Prophet صلى الله عليه وسلمhave the cupping done whilst he was fasting. The scholars of hadeeth have explained its actually  the addition and its not an addition that can be accepted, recorded and established among the scholars of hadeeth that this is actually the part of the Hadeeth.The original hadeeth that was known was that the Prophet صلى الله عليه وسلمhad the cupping done whilst he was in the state of ihraam.You can’t use the end addition part even though the hadeeth is in bukhaaree.The basis of the hadeeth is absolutely authentic but the extra part in the end isn’t established that the Prophet صلى الله عليه وسلم also had the cupping done whilst he was fasting. Hence, they say you cannot use that part from end to original hadeeth in Bukharee. Then they still need to explain the other narration which  said that okay originally it was not allowed but afterwards the hadeeeth of Anas says later it was allowed so essentially that hadeeth over rights the Hadeeth about Prophet صلى الله عليه وسلم about seeing the two men but then how do they explain that ? They say this particular hadeeth the one about the Prophet صلى الله عليه وسلم seeing the two men telling them your fasts are broken, that is very strong hadeeth. Its at strong level. The second hadeeth of Anas where it mentions initially it was not allowed but afterwards it was that hadeeth is no where near the same level of strength as the hadeeth of two men . That Hadeeth where Anas says that originally it wasn’t allowed but then afterwards it was is at the much weaker level in its chain of narration, in its strength, in its acceptability then the Hadeeth about the two men when the Prophet صلى الله عليه وسلمtold them that your fasts are broken,Therefore, the scholars they say you can’t use a Ahadeeth which is much weaker to try to over right a hadeeth which is far stronger. Hence, what is left is that the Hadeeth of the two men is the overrighting narration in this topic. Therefore, conclusion is you cannot cup whilst fasting but if you do it breaks your fast in accordance to the hadeeth that Prophet صلى الله عليه وسلمsaw two men. 

Shaykh Fawzaan حفظه الله says, ”It is not something suitable to do whilst you are fasting because it removes blood from your body and as a consequence it leaves you a feeling of lack of energy so that weakness which arises is not suitable for the person fasting. ”

Issues linked to this :

  1. In that Hadeeth where the Prophet صلى الله عليه وسلم said that one who is performing the cupping his fast is broken. Why?Because, the older times when they used to perform cupping it wasn’t done the way that you have now. They have to use their mouths and tubes to suck with their mouths to create the suction to suck blood. Due to it, would end up possibly having some of the blood enter his body too. Therefore, he would be drinking some of the blood by accident. 
  2. The cupping breaks your fast which is the opinion of majority of scholars.

Would that mean that any loss of blood in your body breaks your fast?.

  • If for example you are involved in an accident and the large amount of blood comes out of your knee and elbows and everywhere. Is the fast of the person broken if the large amount of blood comes out of his body? In that case it would not break the fast of the person because it was unintentional.
  • What about when its intentional? You go to donate blood which is large amount of blood. That breaks your fast.
  • What about if there was a small amount of blood intentionally?. Like taking a small amount of blood by doctors using syringe.That wouldn’t break your fast because that amount of blood which comes out of needle is only small amount. That doesn’t have impact on you in anyway.So, Shaykh Ibn Uthymeen, Shaykh Fawzaan , Shaykh Bin Baaz says that the small amount of blood taken for blood test do not breaks your fast. Example : Going to dentist, or nose bleed do not break fast.

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حَدَّثَنَا أَبُو التَّقِيِّ، هِشَامُ بْنُ عَبْدِ الْمَلِكِ الْحِمْصِيُّ حَدَّثَنَا بَقِيَّةُ، حَدَّثَنَا الزُّبَيْدِيُّ، عَنْ هِشَامِ بْنِ عُرْوَةَ، عَنْ أَبِيهِ، عَنْ عَائِشَةَرضي الله عنها، قَالَتِ اكْتَحَلَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ وَهُوَ صَائِمٌ ‏.‏

It was narrated that ‘Aishah رضي الله عنهاsaid:
“The Messenger of Allah (ﷺ) applied kohl to his eyes while he was fasting.”
English reference  : Vol. 1, Book 7, Hadith 1678
Arabic reference  : Book 7, Hadith 1748
  • This particular Hadeeth is mentioned by the scholars as not actually being established. It’s not proven.
  • However, linked to this now the Khol or the makeup which the women use around the eyes do not break the fast.
  • However, things that are very close to the eyes like the Kohl could penetrate into the eyes and sometimes in some cases it is known that type of Kohl or other types of eye drops sometimes in some cases known medically that there is a taste that you feel in your throat after taking those types of medication. Scholars say it should be avoided. But if it cannot be avoided ,Generally though eyes drops do not break the fast of the person. Similarly, nose drops and ears drops the scholars they say they do not necessarily breaks the fast.However, nose drops and ear drops,  particularly the nose drop if that goes into your throat and you swallow something then it could break your fast. 

Shaykh Fawzan حفظه الله mentions ,” using the nose drops instantly that is something breaks the fast.’

‘Meaning you should not use nose drops because there is a direct link from the nose down to your throat and to your stomach. So, nose drops should be left whatsoever. But, ears drops, eye drops they could be used but if there was any liquid going down the throat then this is impermissible . And this type of thing is known from the Sunnah because when the person makes the Wudu when he wash mouth.It is sunnah to take the water and gargle it. But whilst fasting there is a particular hadeeth which says do not gargle the water when doing wudu whilst fasting. Because, that leads to a very high possibility of some of the water going down into your stomach. Therefore, you avoid that possibility and you do not do it.

  • People ask if it is permissible to go for swimming whilst fasting. It is permissible but that water is going to end up going down into your throat breaks fast. Even taking shower or bath a person must be careful whilst fasting.
  • If a person is taking precaution and care but some of it entered throat accidentally then Shaykh bin baaz says it doesn’t break your fast.Similar to that is the usage of toothpaste and mouthwash.Scholars says try not to use that during the day. 

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حَدَّثَنَا أَبُو بَكْرِ بْنُ أَبِي شَيْبَةَ، حَدَّثَنَا أَبُو أُسَامَةَ، عَنْ عَوْفٍ، عَنْ خِلاَسٍ، وَمُحَمَّدِ بْنِ سِيرِينَ، عَنْ أَبِي هُرَيْرَةَ، قَالَ قَالَ رَسُولُ اللَّهِ ـ صلى الله عليه وسلم ـ ‏ “‏ مَنْ أَكَلَ نَاسِيًا وَهُوَ صَائِمٌ فَلْيُتِمَّ صَوْمَهُ فَإِنَّمَا أَطْعَمَهُ اللَّهُ وَسَقَاهُ ‏”‏ ‏

It was narrated from Abu Hurairah رضي الله عنه that the Messenger of Allah (ﷺ) said: “Whoever eats out of forgetfulness while fasting, let him complete his fast, for it is Allah Who has fed him and given him to drink.”

English reference  : Vol. 1, Book 7, Hadith 1673
Arabic reference  : Book 7, Hadith 1743
  • This hadeeth now speaks about the circumstance when a person might end up eating or drinking something accidentally. Proof from Qur’aan in Soorah Al-Baqarah ayah:286,”Our Lord! Punish us not if we forget or fall into error,..”
  • If the person did on purpose then that by the Consensus of scholars breaks the fast.Because Allaah عزوجلsays in the Qur’aan in Soorah Al-Baqarah verse 187, ”and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night), then complete your Saum (fast) till the nightfall.”
  • And if a person does that though you are eating and drinking accidentally what do you do as soon as you remember? Then you must stop  eating and drinking. If you carry on after you remember that, then intentionally it breaks the fast. You don’t have to make up it afterwards. And there is no expiation for the one who accidentally did that.

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حَدَّثَنَا عُبَيْدُ اللَّهِ بْنُ عَبْدِ الْكَرِيمِ، حَدَّثَنَا الْحَكَمُ بْنُ مُوسَى، حَدَّثَنَا عِيسَى بْنُ يُونُسَ، ح وَحَدَّثَنَا عُبَيْدُ اللَّهِ، حَدَّثَنَا عَلِيُّ بْنُ الْحَسَنِ بْنِ سُلَيْمَانَ أَبُو الشَّعْثَاءِ، حَدَّثَنَا حَفْصُ بْنُ غِيَاثٍ، جَمِيعًا عَنْ هِشَامٍ، عَنِ ابْنِ سِيرِينَ، عَنْ أَبِي هُرَيْرَةَ، عَنِ النَّبِيِّ ـ صلى الله عليه وسلم ـ قَالَ ‏ “‏ مَنْ ذَرَعَهُ الْقَىْءُ فَلاَ قَضَاءَ عَلَيْهِ وَمَنِ اسْتَقَاءَ فَعَلَيْهِ الْقَضَاءُ ‏”‏ ‏.‏

It was narrated from Abu Hurairah رضي الله عنهthat the Prophet (ﷺ) said:
“Whoever unintentionally vomits, he does not have to make up for the fast, but whoever makes himself vomit, has to make up for the fast.”
English reference  : Vol. 1, Book 7, Hadith 1676
Arabic reference  : Book 7, Hadith 1746
  • Whoever is overcome by vomit and you end up vomiting then that person does not have to make up the fast again but if somebody makes something to make himself vomit then that person has to make it up and it breaks the fast of the person. Because, the vomiting it makes a person feel weak afterwards. It removes the energy from the body and that is not suitable for somebody who is fasting.

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Travelling

Ruling of the one who is travelling in the terms of fasting:

Saheeh Bukhaare :Volume 3, Book 31, Number 167:

Narrated Jabir bin ‘Abdullahرضي الله عنه:

Allah’s Messenger صلى الله عليه وسلمwas on a journey and saw a crowd of people, and a man was being shaded (by them). He asked, “What is the matter?” They said, “He (the man) is fasting.” The Prophetصلى الله عليه وسلم said, “It is not righteousness that you fast on a journey.”

Volume 3, Book 31, Number 169:

Narrated Tawus:

Ibn ‘Abbas رضي الله عنهsaid, “Allah’s Messenger صلى الله عليه وسلم 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.” Ibn ‘Abbas used to say, “Allah’s Messenger صلى الله عليه وسلم (sometimes) fasted and (sometimes) did not fast during the journeys so whoever wished to fast could fast, and whoever wished not to fast, could do so.”

  • This Hadeeth then as we said is talking about the topic of travelers. The Qur’aan itself have Ayaats within it which indicates the permissibly of not having to fast when you are travelling. 

In Soorah Al- Baqarah verse184 and 185,

verse

  • Also the consensus of the scholars that there is an agreement between the scholars that a person is allowed to miss the fasts if he is out on the journey travelling.
  • What would this hadeeth therefore indicates? 

1-Firstly, it would indicate clearly that it is permissible to not fast when you are travelling.

2-Secondly, the Hadeeth indicates as Shaykh Fawzaan حفظه اللهmentions , ”that it is befitting to follow and take example from the people of knowledge. Here, the Prophet صلى الله عليه وسلم drank the water openly to show them so that they all would take the example of the Prophet صلى الله عليه وسلم and also open their fasts or not fast whilst in journey.”

3-This is a prove that if somebody starts fasting in the morning then they go out on a journey during that day but they already started fasting.Are they allowed to break thier fast now ?They are allowed to because the Prophet صلى الله عليه وسلمdid that. And the fast can be make it up other time afterwards.

4-Also the Hadeeth indicates there were some people who didn’t followed the example of Prophet صلى الله عليه وسلمand they carried on fasting whilst they were travelling and the Prophetصلى الله عليه وسلم said they are sinners. So, what would this indicate?This narration would seem to indicate that its impermissible to fast whilst travelling but we have another narration we need to look into first before we can come to that conclusion and that is the hadeeth  narrated by ‘Aishah رضي الله عنها who said:“Hamzah Al-Aslami asked the Messenger of Allah (ﷺ): ‘I am fasting, should I fast while traveling?’ The Messenger of Allah (ﷺ) said: ‘If you wish, then fast, and if you wish, then break your fast.’”

Saheeh Bukhaare

English reference  : Vol. 1, Book 7, Hadith 1662

This hadeeth seems to indicate that you are allowed to fast whilst travelling.How do we combine both hadeeth?

  • The Scholars have said if you have the ability to be able to go on a journey and you have the strength to be able to fast. You have choice. You are not sinner. But, a person who will find himself in difficulty shouldn’t fast. If you have ability you could fast or you could not fast saying even though i have energy but i will take the permission Allaahعزوجل Has given to make for myself more easier and make it up later.
  • Although, some scholars say if you have the ability then isn’t something you should do.Because, they say why are you putting yourself in a situation you got days to makeup.
  • But, others scholars says that actually its something good to take permission as the narration says, Allaah عزوجلloves that you take the permission He gives you. So, either of the situation is possible for the one who has ability. He have choice. So, the ones who continued even though there was difficulty upon them that’s the ones who were told they are sinning.

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Transcript by Omm Zakariyaa

Reference lesson 3 : http://www.learnaboutislam.co.uk/2014/06/06/the-understanding-ramadan-series-abu-muadh-taqweem-aslam/

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