Book Name : Zaad ul Mustaqni (Book of Fasting)
Dars by Ustaadh Hadi Hammad.
Class 3 (Wednesday 17 June 2015)
:قال رحمه الله
: ومن رأى وحده
,هلال رمضان ورد قوله
أو رأى هلال شوال: صام
And whoever sees by himself (alone): The Hilaal of Ramadhaan and his testimony is rejected.
Or he saw the Hilaal of Shawwal alone, then he fasts.
Ya’nee the judge or the people did not believe him because he is not trustworthy.
In the كلام (Kalaam) words of the Author there has مسألتان (Mas’alataan) two matters :
- First one regarding the person who sees the Hilaal of Ramadhaan Alone: The Famous opinion in the Madhab of Hanabilah is that whenever the Hilaal is sighted by one person, whether this person is trustworthy or not trustworthy, whether he went and he gave a testimony or he did not gave a testimony to a judge.Then, it is obligatory on him to fast, whether the judge accepts its report or rejects it, whether he is a trustworthy or not trustworthy. This is the saying of Maalik رحمه الله, Ash-Shafe’e رحمه الله. Why? Because, this person is certain that tomorrow is Ramadhaan and tonight Ramadhaan has entered. For, therefore it becomes must on him to fast.
- Second مسألة matter is regarding the one who sees the Hilaal of Shawwaal by himself. Then, the Madhab is that he does not break his fast. Ya’nee the next day is not ‘Eed for him. The next day he must fast. And Imaam Ash-Shafe’e رحمه الله said, ”It is Halaal for him to eat in a way which no body sees him”. Why ? because he is certain it is from a Shawwaal. Messenger صلى الله عليه وسلمsaid ”If you see it then fast and if you see it then break your fast”.
Shaykh-ul Islaam رحمه الله – Ahmed ibn Taimiyyah was asked in Majmoo’ Fatawah about an individual that saw the Hilaal alone and he was certain. Is it permissible for him to fast alone or break his fast alone or should he do that with the جمهور rest of the people?
He answered : على ثلاثة أقوال. هي ثلاث روايات عن أحمد There are 3 sayings.These 3 sayings are all narrated from Imaam Ahmad Ibne Hanbal.
- Ibn Al Qayium رحمه الله said about it: ”Imaam of Ahlus Sunnah”.
- And Also Ibn Al Qayium رحمه الله said about Imaam Ahmad رحمه الله : ”And the people all of them become misguided in the time of Imaam Ahmad, the ruler, the judges, the Fuqahaa except Ahmad and some people who were with him and they were Ahlus Sunnah. Because, Ahlus Sunnah those who are holding tight on what the Sahaabah were upon even if they were little in number. Even, if there was one person in a big country. He is Ahlus Sunnah and the rest are not”.
- These 3 sayings they are one of them that it is obligatory on him to fast and to break his fast in secret. And this is the Madhab of Ash-Shafee’. Why in secret? In order not to make fitnah/not to make trouble.
- And the second is that he fasts but he doesn’t break his fast except with people. And this is the famous opinion of the Madhab of the Hanaabilah.
What is the difference between the first and the end?
They said we may have precaution in the beginning, he fasts if he is alone and precaution in the end he doesn’t fast because it is a possibility that made a mistake in his sighting. And they said because the Hilaal of Shawwaal is not proven in Islaam except with two people and this person is one. As for the entering of it, they said it is proven with one person because of the Hadeeth mentioned before. As for Shawwaal it is just like all of the rest of the months of the year. And they also quoted what happened in the time of ‘Omar, that came Saheeh chain of Narration in Musannaf ibne Abi Shayyba and one of the Tabe’een said in the time of ‘Omar two people came. And claimed that they saw the Hilaal last night. ‘Omar asked the first one,” Are you fasting?”. He said, ”No, i am not fasting”. He said, ”Why”? He said , ”I would not fast when i have seen it”. He asked second one, ”Are you fasting?” He said, ”Yes”. He said, ”Why?” He said, ”Because, i will not break my fast when the people are still fasting”. ‘Omar looked at the first one and told him, ”If it wasn’t that you have a person with you i would have beat you on head”.
- And the third opinion is that he must fast with the people and must break his fast with the people, even if he saw the Hilaal alone. Whether he saw the Hilaal of Ramadhaan or he saw the Hilaal of Shawwaal.
Shaykhul Islaam ibne Taimiyyah رحمه الله said, ”This is the most ظاهر of the 3 opinions/this is the most strongest,higher then the other two in the power of deen”. Why? ” Because of the saying of the Messenger ,
صلى الله عليه وسلّم قال: ( صومكم يوم تصومون، وفطركم يوم تفطرون، وأضحاكم يوم تضحون )
” ” The Day of your fast is when you all fast and the day of your breaking of your fast is when you all break your fast and so for Adhaa
- This hadeeth was used to say that one witness if he saw the Hilaal alone and his testimony was rejected then it is not fast for him just like it is not the fast for rest of people. And this opinion was also narrated by Hassan Al Basre who used to say regarding the man who sees the Hilaal alone before the people. ”He doesn’t fast except with the people and he doesn’t break the fast except with people. ”And know that this opinion is for the person who is with others. . Ya’nee there are majority of people who go against him but if he was alone in a place far from the people, no people are against him and he saw it in the beginning or in the end in the Ramadhaan or in the Shawwaal for such person we tell him fast because he has no people with him. And the month has entered for him.
The Author said:
ويلزم الصوم لكل :
Then, fasting is a must on every Muslim,مكلف , that is able.
- The Author in his sentence he starts by showing the conditions of the one who fasting is a must on him. meaning of that is that the obligation of fast is attached to his Dhimmah ya’nee he must fast either in the actual month or making of.
1- He said the first condition is that he Must be a Muslim ya’nee Islaam is the first condition: The opposite to Islaam is Al-Kufr. For its not a must on the Kaafir to fast.The meaning is that we donot go and tell this Kaafir fast with us this month. But, if the Kaafir said i want to fast with the Muslims. Is his fasting is accepted by Allaah ? No. Allaah said in Soorah Al-Furqaan verse 23,
And We shall turn to whatever deeds they (disbelievers, polytheists, sinners, etc.) did, and We shall make such deeds as scattered floating particles of dust.
- And if he accepts Islaam, do we tell him makeup your fast? No. If he accepts Islaam then this is a new age for him. In Soorah Al-Anfaal verse 38, ” Say to those who have disbelieved, if they cease (from disbelief) their past will be forgiven. But if they return (thereto), then the examples of those (punished) before them have already preceded (as a warning).”
- And we know for sure from Tawaatur that Prophet صلى الله عليه وسلم would not say to people who accept Islaam to makeup their Salah, previous fast and pay previous Zakaat.But, is this Kaafir punished in the Aakhirah for not fasting Ramadhaan?Yes. Allaah عزوجل said about the Kuffar in Soorah Mudathir verse42-43. “What has caused you to enter Hell? They will say: “We were not of those who used to offer their Salat (prayers)
- Kuffaar will be punished because of leaving obligations of Islaam but they are not asked to do while they are Kaafir because Islaam is the condition.
- If the Kaafir accepts Islaam in the day of Ramadhaan and if the Kaafir accepts Islaam in the night of Ramadhan. As for if he accepts in the night of Ramadhaan , does he have to makeup for the day that was before it or the days that were before it ya’nee in the month of Ramadhaan. Most of the ‘Olamah says No, It is close of being ‘Ijmaa.’Ijmaa. Ya’nee he accepts Islaam in the fifth day or in the fifth night.Does he have to makeup 4 days? No. Ya’nee the days before. Or He accepts Islaam in the last night of Ramadhan? No. If he accepts Islaam in the day of Ramadhaan?
- As well if a person passed the puberty in the day of Ramadhaan or a person became sane in the day of Ramadhaan. Does he have to abstain from eating ? Shaykh ul Islaam رحمه اللهsaid, ”They stop eating and drinking and rest of the things that invalidate fasting and they do not have to make up that day and this is Saheeh of the 3 opinions. And second opinion is that he stops eating and that he makeups. This is the Madhab of the Hanabilah and the third opinion is that he doesn’t have to do any of these 2 things.” He accepts Islaam 10 mins before Maghrib Adhaan , he doesn’t stop. He accepts Islaam 10 mins after Fajr, he doesn’t stop. And he doesn’t makeup for it. This opinion is as well strong. And the opinion which says he must makeup for it is considered weak because making up must be with evidence.
2- The Second condition is that the Muslim is Mukallaf مكلف.
What does مكلفmeans?
In the speech of the Fuqaha فقهاء it is the Baaligh بالغ and the عاقل ‘Aaaqil. The one who passed the puberty and the sane. Because, with being not passing puberty and being insane there is no obligations. Salah and so on. Sometimes, there are things where for example if someone is insane he breaks someones car if insane person have money then his money is taken to fix the sane persons car. And evidence that this is condition is the saying of the Messenger صلى الله عليه وسلم .It was narrated from ‘Aa’ishah that the Prophet (peace and blessings of Allaah be upon him) said: “The Pen has been lifted from three: from the sleeping person until he wakes up, from the minor until he grows up, and from the insane person until he comes to his senses.” Narrated by Abu Dawood (4398),
- Ya’nee if a person who was a kid, didn’t passed a puberty stole or so on. This will not be written for him.
- And if a person who is insane said a bad word or so on will not written for him.
- And if a person who is asleep by mistake he flipped on a property of someone and broke his property in his sleep. He is not sinful. This is different between having to pay for it for what he did.
- Here also one should know that even if the little kid didn’t passed puberty it is still recommended for his wali to order him to fast. If this fast does not harm him. Like the woman of Sahabah who said that we used make our children fast and give them toy if they cried till the time of Iftaar.
This condition of being Mukalaf contains two things :
3-Third condition is that this Muslim who is Mukalaf is able: Ability is opposite of ‘Ajaz عجز. The one who is not able to fast or if he fasts then it will big harm him that he cannot handle because of his age or his disease. And it is not hoped that he recovers then this person doesn’t have to fast not in Ramadhaan, neither makeup for Ramadhaan. For the saying of Allaah in Soorah Al-Baqarah verse 286,
”Allah burdens not a person beyond his scope”
But he has to feed a poor for everyday according to the opinion of majority of Olamah. If he is not able to feed because he is poor himself then after that he become rich then there are 2 opinions just like the Kaffarah of the intercourse in the month of Ramadhaan.As for not being able but because of something that popped and happened then he waits and when this ability goes then he makes up. For Allaah said in Soorah Al Baqarah verse 184. [Observing Saum (fasts)] for a fixed number of days, but if any of you is ill or on a journey, the same number (should be made up) from other days. And as for those who can fast with difficulty, (e.g. an old man, etc.), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day). But whoever does good of his own accord, it is better for him. And that you fast, it is better for you if only you know.
ya’nee he makes up in other days. For this ability over here of condition is first type of being able, not the second type where this not being able will go away. Person had a flue in the month of Ramadhaan for 3 days and 4 days and so on. And this is not the ability the author is speaking about Wal Allaaho ‘Alam.
Transcript by Om Zakariyaa Al-Baakistaaniyyah
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