Book Name : Zaad ul Mustaqni (Book of Fasting)
Dars by Ustaadh Hadi Hammad.
Class 1 (Monday 8 June 2015)
We will start today explaining كتاب الصيام (Chapter of Fasting) from the book Zaad ul Mustaqni زاد المستقنع which is a book according to the Madhab of Imaam Ahmed رحمه الله-A book of Fiqh. We mentioned in our classes previously in Usool-ul-Fiqh that Fiqh فقه is knowing the أحكام (Rulings ) of the Sharee’ah that has to do with the actions of the slaves from its specific evidences.
And this book is مختصر (brief) the evidences are not mentioned in it only the ruling in a very short way and the evidences and so on are mentioned in the explanation, in the bigger books.
The Author رحمه الله said, ”كتاب الصيام”.
- And this is off-course after you finish from the Book of Tahaarah and the Book of Salaah and the Book of Zakaah. He initiated and started with this book of Siyaam. And usually the scholars start with a Book of Tahaarah because it is a key to the first pillar of Islaam which is the Salaah. And they go according to the Hadeeth of Jibreel عليه السلامin teaching the deen.
- The كتاب (book or chapter) is a name of a specific group or combination of knowledge meaning of ”اسم لجملة مختصة من العلوم ”This is the meaning of the كتاب. This is a name of a specific group or combination of knowledge yane of علم (sciences) علوم.
- Usually, falls under the book أبواب And فصول. Ya’nee you will find under the chapter things that are called باب or things that are called فصل. Like for example :Book of purity, Baab of Water, Baab of Tayammum, باب المسح على الخفين. It is a group of knowledge that is considered into one category that falls under the main category of the book.
- And the word كتاب in Arabic comes from كتب(Kataba) and the word كتب (Kataba) means in its root to combine and to collect.
- And the Author رحمه الله he collected in this Kitaab and combine in it for the reader the أحكام (the rulings) of fasting and what has to do with it.
- صيام in (Arabic)language it is from صوم (Sawm )which is to abstain. If you say صام الفرس (The Horse fasted) then the meaning of that is it is abstained from running. That horse is not running .
And in the saying of Allaah عزوجل regarding Maryam عليها السلام verse 26,
( فَإِمَّا تَرَيِنَّ مِنَ الْبَشَرِ أَحَدًا فَقُولِي إِنِّي نَذَرْتُ لِلرَّحْمَـٰنِ صَوْمًا فَلَنْ أُكَلِّمَ الْيَوْمَ إِنسِيًّا ﴿٢٦
‘Verily! I have vowed a fast unto the Most Beneficent (Allah) so I shall not speak to any human being this day.’‘
So, it is abstaining from speech.
- Every Abstain in Arabic is called صوم. But in Sharee’ah صوم is defined as ”التعبد لله من شخص مخصوص بالإمساك عن الأكل والشرب وسائر المفطرات ,من طلوع الفجر إلى غروب الشمس It is specific type of abstaining. It is worshiping Allaah عزوجلfrom a specific person by abstaining from food and drink and all other nullifiers of fast from Fajr coming till sun-setting(i.e Maghrib).
And you learnt in our explanation on Blooghul-Maram that When we say طلوع الفجر the meaning is the Second Fajr(i.e True Fajr الفجر الصادق ). As the first one(i.e الفجر الكاذب False Fajr) doesn’t make Food Haraam neither make Salaah Halaal.
So, now if you ponder on this definition you see 4 important things:
- That fasting is a عبادة a worship not a mere abstaining that is empty from worship and being humble to Allaah عزوجل.: meaning Niyyah in it is condition (Ikhlaas in it is condition). A must pillar of it. Meaning if a person was a Muslim, didn’t eat from Fajr till Maghrib only because he was very busy or he forgot for he is not named fasting in the Sharee’ah. Because he didn’t do it as a ‘Ibaadah to Allaah عزوجل.
- It is from a Specific person:This fast in order for it to be called fast valid Sharee’ah fast it should come from a specific person. Who is this specific person? He is the Muslim that is Sane (not crazy), that doesn’t has حيض Menses meaning if she is a women or نفاس Nafas which is the blood that comes with giving birth. Which takes the exempt rulings of حيض when it comes to not having to pray (Salaah) being Haraam for the women to do and also fasting. For if a women was حيض, fasted what she did is not a valid fast in the Sharee’ah rather it is Haraam for her. But if a person who is a traveler fasted then his fasting is valid but it wasn’t obligatory on him as you will see in the explanation on this book that the traveler can leave fasting till he becomes a مقيم.
- It is an abstain from specific things which are nullfiers of fasting: Like eating, drinking and having intercourse. These nullifiers are taken from the one who legislated for us this great worship -Allaah عزوحل and His Messenger Mohammad صلى الله عليه وسلم .
- It happens the fast in a specific time: For there are times that this is not called a fast in. Like someone who says i want to fast from 12 at night till 1 at night or from Fajr till Dhuhr or i want to fast on the day of ‘Eed.
The Author رحمه الله said after sayingكتاب الصيام ,
” يجب صوم رمضان ”
”It becomes obligatory to fast Ramadhaan” :
”upon sighting its Crescent Moon”.
- Crescent Moon is the سبب. If the سبب (Sabab) is there then the ruling is there and if the سبب is not there then the ruling is not there. For the obligation he said, ”It becomes obligatory to fast Ramadhaan upon sighting its Hilaal (Crescent Moon”
The Author رحمه الله started his book of fasting by mentioning the obligation of fasting Ramadhaan. And when does it become obligatory. Because, speaking about things that are obligatory has more priority then speaking about things that are recommended. Because, legislated fasts is of two types :
- Obligatory (واجب): If someone does, he is rewarded and if he doesn’t then he is under threat of being punished.
- Recommended (مستحب) : if he does he is rewarded and if he doesn’t then he is not punished.
As for the Obligatory fasts, then it is of three types:
- What is obligatory because of time itself : which is the month of Ramadhaan. Doing it in Ramdhaan or making up for it or you can say two types : أداء والقضاء
- Fasting that one must do because of a reason (something that happened) :which is the fasting of the كفارات( the things that if a person does he must make it كفارة) which is to fast either two months or 3 days. Like for example the Kaffarah of Adh-Dhihaar in Soorah Mujaadilah verse 4, ”فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِن قَبْلِ أَن يَتَمَاسَّا ”And he who finds not (the money for freeing a slave) must fast two successive months before they both touch each other.”
- Vows and the oath that he will fast this day then this day becomes obligatory yanee it became obligatory by he himself making it on him.
And the Author رحمه الله started speaking over here is of the first type which is Ramadhaan because it is أصل most important one because the second two one of them might not happen to a Muslim ever in his life to have to do Kaffarah and also the third one he might not make vow. It is the first one for every Muslim it is very important to know.
- And the ruling of this Fasting of Ramadhan is obligatory by the Qur’aan , by the Sunnah and by the ‘Ijmaa of the ‘Olamah.
1)As for the Qur’aan the saying of Allaah عزوجل in Soorah Baqarah ,
verse 183”يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِن قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ ”
”O you who believe! Observing As-Saum (the fasting) is prescribed for you as it was prescribed for those before you, that you may become Al-Muttaqun”
verse 185” فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ ۖ”
”So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Saum (fasts) that month,”
2)As for the saying of Messenger صلى الله عليه السلام
يقول (بني الإسلام على خمس شهادة أن لا إله إلا الله وأن محمدا رسول الله وإقام الصلاة وإيتاء الزكاة وحج البيت وصوم رمضان) متفق عليه.
This also shows it is not just obligatory rather it is pillars of the pillars of Islaam. So, the Muslim should take care of it.
3)As for the ‘ijmaa which is also the proof in our religion.Then the Ummah has agreed that fasting the Month of Ramadhan is obligatory and that the one who negates it, says no it is not obligatory then he has disbelieved. The Scholars said unless he is a new Muslim then he is taught. If he accepts then Alhamdo-lillah if he donot then he left the deen.
And here before we continue with this passage we say there are some things that are of benefit to know:
- 1) When was Ramadhan made obligatory?
A: Ramadhaan was made obligatory in the 2nd year of Hijrah. So the Messenger صلى الله عليه وسلم fasted 9 Ramadhans without differed between the ‘Olamah. And Imaam An Nawawi رحمه الله said ”it become obligatory in 2nd year Hijrah in the Month Sha’baan.”
- 2) It has to do with, you knowing the conditions of the obligation of fasting : First the Muslims they were ordered to fast the day of Ashoora like in Bukharee and Muslim of the hadeeth of ‘Aishah رضي الله عنها and hadeeth of ibne ‘Omar رضي الله عنهما then Allaah عزوجل made obligatory fasting the month of Ramadhaan and fasting the month of Ashoora become recommended. And the people in the beginning (of it being obligatory) of the fasting of Ramadhaan they were given their choice either to fast or to give food. And then this was abrogated by the saying of Allaah عزوجل in Soorah baqarah verse 185 , ” فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ ۖ” ”So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Saum (fasts) that month,” Then it became obligatory to fast and no one gives out food unless those who are unable to fast. And also in the beginning of Islaam if the slave sleeps after Maghrib yanee Maghrib time entered , and he didn’t eat he went to sleep or he didn’t eat up till ‘Eshaa and then he prayed isha and then he wanted to eat and he cant. For it becomes obligatory on them to abstain either from the time they sleep at night or from the time they pray ‘Eshaa. And this also was abrogated and then it become obligatory to abstain from eating from Fajr and not from before.
- 3)Why Ramadhaan is called Ramadhaan? the Olamah they differed. Some said because of its Root it is from Ramada which is to burn , hot thing that is very hot that it burns. Because it burns the sins. Some said because the people burn ya’nee thier bellies from hunger. And some said it is because when the Arabs before named the months it happened that when they named Ramadhaan ”Ramadhaan” the time was very very hot .
- 4)How you know the month of Ramadhaan is entered?There are two types and the one of them is
- Seeing the Hilaal (crescent moon). Then, its obligatory to fast the second day and this is now the first night of Ramadhaan.Praying taraweeh becomes recommended.Because, the month have entered. And after when maghrib enters it will be second day of ramadhaan. As for the evidence that it becomes obligatory to fast when you see hilaal and this will speak about the way hilaal is sighted and how many people sight it, is one enough or two and so on.
In Soorah Baqarah verse 185,’ فَمَن شَهِدَ مِنكُمُ الشَّهْرَ فَلْيَصُمْهُ ۖ”
”So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Saum (fasts) that month,”
Evidence from Sunnah :The saying of Messenger صلى الله عليه وسلم that if you see it then fast. Ya’nee if you see the Hilaal and this hadeeth was used as an evidence to leave the measuring of the entering of Ramadhan by the stars and so on because the Messenger صلى الله عليه وسلم he said when you see it. That is why such measuring is considered Baatil. Messenger ضلى الله عليه وسلم said,
إِنَّا أُمَّةٌ أُمِّيَّةٌ لَا نَكْتُبُ وَلَا نَحْسُبُ الشَّهْرُ هَكَذَا وَهَكَذَا ”We are an Ummah that is Ummiyah. We don’t make a Hisaab ”meaning when it comes to months. Month is either 29 or 30.
Also, the Olamah have agreed that if the hilaal is sighted then the month entered.
The Author رحمه الله said,فإن لم ير مع صحو ليلة الثلاثين :أصبحوا مفطرين
”If they don’t see the crescent moon even though the sky is cloudless on the night of the 30th of Sha’baan then they should not begin the day of fasting.
وإن حال دونة غيم أو قتر: فظاهر المذهب يجب صومه
If clouds or dust covers the moon before the Hilaal of Ramadhaan then the Dhaahir of Madhhab is that the fasting is obligatory.
What is the meaning of this topic?
- This matter is that if you saw the Hilaal -the month of Ramadhan entered.
- But if one didn’t see the Hilaal: the people went out in the 30th night of Sha’baan because it might be actually 30th night of Sha’baan and next day would be 30th day of Sha’baan or it might be first night of Ramadhaan. So the people go out to check for if they see the Hilaal then it is the night of Ramadhan and if they don’t see the Hilaal then there are two scenarios.
- They didn’t see the Hilaal while the sky is clear. The meaning of clear is that there are no clouds that are covering, no smoke, no fog nothing. In this situation the people wake-up the next day and they do not fast. This is what the Author said here they do not begin fasting with the agreement of the ‘Olamah.
And its Haraam for them to fast because of the saying of Messenger قَالَ: «لاَ يَتَقَدَّمَنَّ أَحَدُكُمْ رَمَضَانَ بِصَوْمِ يَوْمٍ أَوْ يَوْمَيْنِ، إِلَّا أَنْ يَكُونَ رَجُلٌ كَانَ يَصُومُ صَوْمَهُ، فَلْيَصُمْ ذَلِكَ اليَوْمَ
Don’t preceed Ramadhan with a day or 2 in fasting (meaning don’t go one day or 2 day before Ramadhaan and fast) except a person who usually fasts a fasts then let him do it. ”
For if Someone has a way he always fasts Monday for example and Ramadhan was on Tuesday then there is no problem for him to fast. Also the women she has to makeup fasts who only has these last days then there is no problem fasting this day. But someone comes and he doesn’t fast all year and then he says i want to fast the day before Ramadhan tell him it is Haraam. The Hanaabilah حنابلة they said this day (the day when people don’t see the Hilaal) Hanaabilah they said when the people don’t see the Hilaal while the sky is clear this day is called day of doubt يوم الشك They said this is the day when Prophet صلى الله عليه وسلم prohibited fasting.
- The second scenario(in which the Olamah differed), the Author mentioned that if they didn’t see it. if the cloud or dust covered the moon before the crescent of Ramadhan then the Dhaahir of Madhhab is that they should fast ya’nee the next day.
- And this fast is out of precaution and they said the Messenger صلى الله علية وسلم said that if you see it then fast, and if you see it then break your fast and if you couldnt see it (meaning because of fog or so on) make it tighter (meaning make Sha’baan 29 days and not 30)
- And they also said that ibne ‘Omar رضي الله عنهما said that if it was 30th of Sha’baan and the people couldn’t see the Hilaal because of fog or so on he would makeup fasting. And they also said perhaps the Hilaal came and we couldn’t see it because of fog or so on then we fast out of precaution this is the Madhhab of Hanabilah. And the majority of scholars said fasting is not obligatory in such scenario and this is the day of شك not the first one that the Messenger صلى الله علية وسلم prohibited people from fasting. And yet they differed some people said it is recommended to fast this day , some people said it is Makrooh, some people said it is Mubaah and some people said follow your Imaam (ruler) if he says fast then fast and if he says don’t then don’t fast.
And what is the correct and stronger from the opinions is that it is Haraam to fast this day and not permissible because the Messenger صلى الله علية وسلم said ,
”فَإِنْ غُمَّ عَلَيْكُمْ فَأَكْمِلُوا الْعِدَّةَ ثَلاثِينَ
”if you couldn’t see it because of cloud and so on then continue make Sha’baan 30”.
And also the saying of Messenger صلى الله علية وسلم that do not preceed Ramadhan with a fasting of a day or two/.
And also the Hadeeth of ‘Ammaar ibn Yaasir رضي الله عنه said: “Whoever fasts on the day concerning which there is doubt has disobeyed Abu’l-Qaasim (peace and blessings of Allaah be upon him).”
And in Sunan Abi Dawud that the Messenger صلى الله علية وسلم that if he couldn’t see the Hilaal because of fog or so on he counts 30 days meaning of Sha’baan and then he fasts.
For this shows the meaning of إقدروا له means أكملوا إلى ثلاثين meaning Make Sha’baan 30.
- As for the action of Ibne ‘Omar رضي الله عنهما and other then him from Sahabah those who fasted that day . Then the answer is that the Sahabah differed and most important is that what they narrated not what they saw as an opinion. For since they differed, some said it is not permissible to fast and some fasted it and considered it a disobedience we look at the evidences. The evidence is stronger with those who said it is not to be fast.Yet it is also narrated from ‘Abdullah ibne ‘Omar that he said if i fast entire year i would break the fast day in the day that there is doubt in.
- As for precaution then precaution is not done in such things because the أصل is that one he doesn’t fast. Because, precaution makes something recommended and not obligatory. And because this precaution that is sought is against the authentic ahadeeth.
So, now you see by this beginning of this chapter is that confirming the entrance of the month of Ramadhaan is by :
1)Sighting the Hilaal.
2)Finish the 30 days of Sha’baan.
Transcript by Om Zakariyaa Al-Baakistaaniyyah
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