Book Name : Zaad ul Mustaqni (Book of Fasting)
Dars by Ustaadh Hadi Hammad.
Class 4 (Monday 22 June 2015)
وإذا قامت البينة في أثناء النهار وجب الإمساك والقضاء على كل من
صار في أثنائه أهلا لوجوبه
If the proof happened during the day (and the day is from Fajr till Maghrib). الإمساك Imsaak becomes obligatory( meaning to stop eating and drinking and so on from the things that one must make الإمساك in Ramadhaan).And to makeup for that day, on everyone who became in it (meaning in the day) from those who are مكلفين Mukallafeen.
- Meaning is if a person wakes up or people wake up not fasting they believe that today is from Sha’baan and then in the day time the proof was established that today is Ramadhaan and the Hilaal last night meaning two people came and witnessed that they saw the Hilaal. They came from for example far. For they reach in the day time and they told the people in the day and went to the Judge and the judge accepted their record. What do the people do? They woke-up not fasting and now they found out that today is Ramadhaan. The Madhaab is that if he is from the people of obligation ya’nee Muslim, عاقل, بالغ, قادر, or he became from the people of obligation in the day time and then the proof was established then he must stop eating and drinking and intercourse. Ya’nee he must stop from the things that the one who fasts, stops from. Yet, this fast is not sufficient for him and its not considered the fast. Meaning he has to makeup for it after Ramadhaan. And this is the saying of Maalik رحمه اللهand Ash-Shaafe’ee رحمه اللهand the majority of the Olamah. Why ? Because, he didn’t fast full day and he didn’t intend from the beginning.
- While, ‘Omar ibno Abdul ‘Aziz and Shaykh ul Islaam ibno Taimiyah رحمه اللهand Ash-Shawkaane رحمه اللهand others from the Olamah they said he fasts and it is sufficient for him, he doesn’t have to makeup for it. Whether he was individual or all of the people. And they quoted the hadeeth of Salamah ibne ‘Aqwa and others from the Sahaabah as well narrated this hadeeth in the fasting of the day of ‘Aashoora that the Messenger صلى الله علية وسلمsaid, ”Whoever woke-up fasting then let him continue his fast and whoever woke-up not fasting then let him finish the rest of his day”. And he didn’t ordered him to repeat the fast, even though it was obligatory from the obligations on Muslims at that time and then it became abrogated with the month of Ramadhaan and the fasting the day of ‘Aashoora become Mustahabb (Sunnah) till the day of judgement. And this is the correct opinion in this matter.
- Ibne Hazim said, ”This order which they ordered him to do(the order of stopping eating and drinking) either it is sufficient for him as a fast and they don’t say that or it is not a sufficient fast. So, how could they order him to get tired and do an obligation that is not sufficient for him as well that in reality this person is one of two. Either he is not fasting or fasting and if he is fasting then why does he make for it and fast two days and only one is obligatory on him. And if he is not fasting then how come they ordered him to fast and do the action of fasting. حسبنا الله ونعم الوكيل”
The Author said :
وكذا حائض ونفساء طهرتا
ومسافر قدم مفطرا
And its the same thing for a woman who has her menses and a women who has her nifaas نفاس (the blood that comes with the delivery of baby). And a traveler came back home to his residence breaking his fast.(meaning he wasn’t fasting and he came not fasting because he is traveler as its allowed for him to not fast).
This مسألة here in the speech of the author is regarding the مانع of the obligation going away. We took the مانع and the meaning of the مانع before in speaking about أصول الفقه Usool ul Fiqh. We spoke about مانع.The سبب Sabab. And we said that if the مانع is found then the ruling is not found. Like the women who has حيض the ruling of Salah being obligatory on her goes. For the حيض is a مانع for the women from Salah and the Fast. ‘Aishah رضي الله عنها said : ”We used to be ordered to re makeup for the fast and not ordered for Salah.”
- These مسألة again i say is regarding the مانع going away in during the day of Ramadhaan. Women who has حيض in the day before Maghrib she became pure and women who have nifaas نفاس and it went. A traveler came to his house while eating and drinking. When he reached to home the مانع went such people have to makeup for their fasts. This is known. But do they abstain from eating and drinking the moment the مانع goes away ?
Then there are two opinions :
- Yes they must abstain. And this is the Madhaab that the Author mentioned and this is the saying of Abo Hanefa رحمه الله.
- It is not must on them to abstain from eating and drinking and so on from the things that the person who fasts must abstain from and this is the saying of Maalik رحمه الله, and the saying of Ash-Shaafe’e رحمه الله, and the saying of Ahmad رحمه اللهin a narration.Like some of the students of Ahmad رحمه اللهnarrated this from him and there are other narrations regarding this other opinion that he must abstain. Even, they said, ”If a man from traveler comes women finds women pure from حيض then it is permissible for him to have an intercourse with her in the day of Ramadhaan”. Yet, Ash-Shaafe’e رحمه الله said, ”I like that they hide”. ya’ne the meaning of hiding to not show the people or to not to let the people know that they are eating or that they had an intercourse.And this is the stronger and correct opinion and this is the decision of Shaykh ul Islaam ibn Taymiyyah رحمه الله and also the decision of Shaykh ibno Uthymeen رحمه الله because there is no evidence that shows that they must abstain and because it is permissible for them to eat from the beginning of the day. Allaah عزوجل allowed them. ظاهر وباطن Apparent and Hidden. Keep ya’nee apparent and hidden. If they say they must stop eating out of respect for the month of Ramadhaan. Because, this Month is Haraam. Then, the answer is that the حرمة hurma went away from the beginning of the day by them breaking their fast and ordered them to stop eating and drinking is ordered them something that there is no benefit from.
Therefore, the ruling is that whoever breaks his fasts in the Ramadhaan with an excuse that allows him to break his fast then this excuse went away during the day it is not obligatory on him to abstain from eating and drinking. And this was narrated by Ibne Masood رضي الله عنهin Musannaf ibne Abi Shaybaa. He said, ”Whoever eats in the beginning of the day then let him eat in the end of it and whoever wake up and its allowed for him to eat and not fast and he didn’t eat and he didn’t fast then he ate. Then, he can eat in the end of the day even if that excuse went away”.
The Author said :
أو مرض لا يرجع برؤه أطعم لكل يوم مسكينا
And whoever breaks his fasts because of being Old or a disease that its not hoped that he becomes cured from then he feeds a miskeen for every day.
- ya’nee different miskeen. He didn’t fasted 3 times for he feeds 3 different miskeen and not one miskeen 3 times.
- As for being old this is known that when the person becomes very old, fasting becomes very hard. And harmful for him and being old is not something that one hopes that it will go away ya’nee in the duniya. For a person does go back to young age after being old.
- As for the illness that one doesn’t hope to be cured from. Shaykh ibne ‘Uthymeen رحمه اللهgave an example of cancer yet there are some diseases mentioned in the books by ‘Olamah from before they mentioned things but now people have found things that cure them therefore these diseases become something that one hopes to be cured from and there are diseases that one doesn’t hopes to be cured from.
- Whoever situation is like one of these two: Either he is old and fasting is very hard on him or harms him or he is ill with a disease that he is not hoping that it will go away. For this person can break his fast and there is no makeup for him without differ between an ‘Olamah.Ibn Al Mundhir, Ibno ‘Abdil Barr, Nawwai, Al Qurtubi رحمهم الله and others narrated the ‘Ijmaa about this and the scholars they differed does he have to pay and feed for each day or no ?
- The Author here he said they feed and this is the Madhab of the Majority of the ‘Olamah. And from Sahabah those who said this opinion is Anas and ibne ‘Abbas, and Qays ibn Saaib and Abo Hurayrah رضي الله عنهم and this is the decision of Shaykh ul Islaam ibne Taimiyyah and ibn Qayium and ibno Katheer, and this is decision of Shaykh ibn Baaz, And Albaanee and ibno ‘Uthymeen and Shaykh Muqbil رحمهم الله (May Allaah have mercy on all of them).
- Imaam Maalik رحمه اللهand some of the Tab’een they said no فدية Fiddiyah on him he doesn’t feed because its not obligatory at all on him to fast therefore if the fasting didn’t become a must on them then this كفارة kaffaarah is not must on them, because a fasting wasn’t at all a must on them. Ya’nee like the little kid, a fasting a Must on him? No. If he didn’t fast he doesn’t makeup for it. This is what they said that Allaah عزوجل didnt made obligatory on him and neither the Messenger. Those who said it is obligatory they quoted the Ayah that mentioned the فدية fidiyah in Soorah Baqarah verse 184, ”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 everyday)”.This is like i told you before when fasting was first made obligatory it was permissible for the Muslim to choose between fasting and giving food . Yet the scholars use this Ayah that speaks about those who are able to fast. Choosing between fasting and giving out فدية Fidiyah.
- They said the Evidence ya’nee understanding this Ayah to give the ruling that the old person and ill person who cannot fast harms them and they don’t hope to be cured then they must feed. The way of understanding is that Allaah عزوجلmade the فدية Fidiyah equal to the fast when it comes to the one who is being able. So, if he is not able to fast he only have one thing left which is the فدية .
- Looking at the differ between ‘Olamah in this matter, once he is the opinion of the Maalik is very strong but looking at the amount of the Sahabah that said that they must pay this ya’nee makes one choose this opinion because it is safer. Specially is that some of the ‘Olamah they said that its not known that any of other Sahabah they said that any other thing.And there are more then one.
And its a Sunnah for a sick person which gets harmed or a traveler that is shortening his Salah.
- The meaning of here Sunnah ya’nee Sunnah to break their Fast.
- The first type is the one who is sick. He said breaking the fast for him is Sunnah. When it harms him to fast.And the correct is that if there is a harm upon him that he must break his fast. If he gets harmed by the fasting like fainting, or his disease becoming doubled and doubled and gets delayed in being cured or he fears his life. For this person is not Sunnah on him rather more then that its obligatory.
- ‘Olamah said : Sick person is of 3 types:
1) His sickness is very little. Fasting doesn’t effect it. like the one who have small cold or small headache or the pain in his tooth.
2)One that fasting makes hardship on him but it doesn’t harm him. For this person it is recommended for him to break his fast.
3)The One who fasting is hard on him because of his illness and it harms him, for this person it is obligatory on him to break his fast and haraam for him to fast.
- For the saying of Allaah عزوجل in Soorah An-Nisaa verse 29, ” And do not kill yourselves (nor kill one another). Surely, Allah is Most Merciful to you.”
- In Soorah Al-Baqarah verse 195, ”and do not throw yourselves into destruction(by not spending your wealth in the Cause of Allaah), and do good. ..”
And is there permissible to break ones fast in Jihaad if he is not traveler. If the jihaad was happening not in travel rather in the homes of the people?In the land not traveling?
- The Madhab is that no they cannot. And what is correct this is the fatwa that Shaykh ul Islaam Ibn Taimiyyah رحمه الله gave to the Muslim armies fighting in Dimashq is that they can’t. And this is the decision of Ibn Al Qayium رحمه اللهand this is the correct opinion rather it has more priority of being allowed for break their fast and the one who is traveler alone or ill alone because this is to save one Muslim person and that one is to save all of the Muslim. And save Ummah. And there are other things that Shaykh ul Islaam ibn Tamiyyah and Ibn ul Qayium رحمهما الله mentioned proving this opinion that it is correct.
He said for a traveler shortening their prayers Miqdam رحمه اللهhe said , ”The Permissibility of breaking their fast for the traveller is ثابت Saabit confirmed in the Qur’aan and Sunnah and ‘Ijmaa of the ‘Olamah. And the Majority of people of ‘Ilm they say if the traveler fasts then his fast is sufficient . Some of the ‘Olamah said no it is not sufficient”
What is better for the traveler , to break his fast or to fast?
This مسألة over here as you see the Madhab is that its a Sunnah for him to break his fast and some narrated of Imaam Ahmad رحمه اللهsay it is disliked to fast and this matter because of the many Hadeeth that came is a matter of differed between the ‘Olamah. And this is one of the reasons of why the ‘Olamah differed. As the scholars they mention reason. From these reasons is the different hadeeth that came in the matter and there are different hadeeth that came in this topic over here that made the ‘Olamah differed.
- Some said breaking the fast is better.This is the Madhab of Imaam Ahmad رحمه الله.
- And the 3 أئمة Maalik and Shafee and Abo Hanifa رحمهم الله they said fasting is better for the one who has strength for and it doesn’t become very hard on him and this is the saying of the جمهور of the ‘Olamah. And some said whatever is easier on the traveler because Allaah عزوجل said Allah wants ease for you and doesn’t wants hardship for you. And this is why ‘Omar ibn ‘Abdul Aziz took as an opinion and it is an opinion of ibne Abi Mundhir and it is a bit close to the opinion of the majority of the ‘Olamah. Some said it is the same. They said because of the Hadeeth the man who asked the Messenger صلى الله علي وسلم and told that i travel a lot should i fast or not. He said, ”If you want, fast and if you want, break your fast” They said it is the same.
- And some said it is obligatory to break the fast and fasting in traveler is not sufficient and this is the saying of the some of people of the أهل الظاهرthis is weak opinion.And they use the Hadeeth the one who fasts Ramadhaan in travel is like the one who breaks his fast outside of travel in his home and it is not a Saheeh Hadeeth.
- And they used the Hadeeth the Messenger صلى الله عليه وسلم the people complained for him from the hardship of fasting and he ordered the people to fast and some didn’t break their fast and he told about them that these are those who disobey.
- And they also use the ayah 184 of Soorah Baqarah, ”[Observing Sawm(fasts)] for a fixed number of days, but if any one of you is ill or on a journey, the same number(should be made up) from other days.” They said Allaah عزوجل made it obligatory on him to fast other days, not to fast while he is traveling. The Majority of the ‘Olamah said no there is a meaning in the context of the ayah whoever is fasting then he broke his fast then there is a عدة’Udda on him.
- Those who said fasting is better they quoted the hadeeth it is not righteousness to fast and travel and correct is that this hadeeth came in specific type of people who the fast harms them like the context of the hadeeth itself and they said the hadeeth take the رخصة rukhsah of Allaah عزوجل and i gave you رخصة take it. And the Hadeeth Allaah عزوجل loves that is Ruksah his permission is taken just like He hates that his sins are done. Someone does the prohibitions.
- And those who said that fasting is better, they mentioned that the Messenger صلى الله عليه وسلم and Abdulllah ibn Rawaha they were fasting in travel and they said Allaah عزوجل generally He said in Soorah Baqarah 184, ” and that you fast is better for you.’‘
- And they said Allaah عزوجل said in Soorah Ale ‘Imran verse 133, ” And hasten seeking forgiveness from your lord”.
- And Allaah عزوجل said in Soorah Baqarah 148”So hasten towards all that is good”. And this is faster to clear your ذمة.And it is easier for you to fast with the people as you see ya’nee there are many opinions many evidences in this matter. Shaykh ibn Uthymeen رحمه الله said the travelers are of 3 types :
1)One who fasting doesn’t harm him at all, it is easier for him. Doesn’t effect his fast. This person it is better for him to fast
2)and the one that fasting is becomes hard on him but it doesn’t harm him. This ones better for him to break his fast.
3)And the one the fasting harms him ya’nee he faints or dies or so on for this person its obligatory on him to break his fast. And perhaps the opinion of the majority of ‘Olamah we said fasting is better for the one who has strength on it and doesn’t harm him or the easier for him is ya’nee considered strong. And i see that this differ in this specific matter between the ‘Olamah is a very strong differ.
Transcript by Om Zakariyaa Al-Baakistaaniyyah ربنا تقبل منا إنك أنت السميع العليم
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