Fasting

 

 

PREFACE

All thanks and praise belong to Allah. We acknowledge His greatness, seek His help and forgiveness, and ask for protection from our own weaknesses and wrongdoings. Whoever is guided by Allah cannot be led astray, and whoever Allah allows to go astray cannot be guided.

I testify that there is no deity worthy of worship except Allah and that Muhammad is His messenger and servant.

With the grace, kindness, and assistance of Allah, this book on fasting (Siyam) has been compiled after extensive research. It covers various topics related to fasting in Islam, including things that invalidate fasting and things to avoid, as well as other commandments.

This book is a part of the author's larger work called "The Five Pillars of Islam." May Allah accept this effort as a sincere and pure act for His sake, and may it greatly benefit the writer, the reader, and all Muslims. Allah is the All-Hearing and the One who responds to prayers.

 

• Virtues of Fasting in the Light of the Qur’an
• Virtues of Fasting in the Light of Hadith
• Laws of Jurisprudence
• sighting of the Moon
• Acts That Do Not Break the Fast
• Acts That Break the Fast
• situations when only Qaza is Necessary
• situations when Kaffarah is Also Necessary
• Makruh Actions of Fasting
• Sehri and Iftaar
• When is one exempted from Fasting?
• The Virtues of Nafil Fasts
• The Fast of Aashurah (The 10th of Muharram)
• The Fast of Arafah (The 9th of Zil Hijjah) 265
• The six Fasts of Shawwal
• The Fasts of Shaban
• Ay’yaam e Baydh
• Fasting on Mondays and Thursdays
• The Fasts of Nazar (Man’nat – Vows)

 

 

The Book of Fasting (Siyam) holds significant importance in Islam, as it is considered the fourth pillar of the religion. Allah made fasting obligatory during the second year of Hijrah, which means abstaining from eating, drinking, and other similar activities from dawn to sunset with the intention of fasting.

Muslims are not the only ones prescribed fasting by Allah, as it was also prescribed to previous nations. Fasting has various objectives and great wisdom behind it, including increasing the fear and devotion towards Allah, training Muslims to take responsibility and endure hardship, and developing traits such as tolerance, self-restraint, truthfulness, and beneficence.

Moreover, fasting enables Muslims to empathize and share the suffering of their brothers and sisters in faith and encourages them to spend on charity for the poor and needy, thus promoting brotherly love and unity among all Muslims.

Fasting during the holy month of Ramadan is a form of worship and obedience to Allah. During this time, the gates of Paradise are open, and the gates of Hell are closed, while Satan is chained. It is also the month of Laylat al-Qadr, also known as the Night of Decree, which is worth more than a thousand months of worship. Whoever spends this night in worship with true belief, Allah will forgive their past sins.

 

VIRTUES OF FASTING IN THE LIGHT OF THE QUR’AN

Almighty Allah says,

O’ you who believe! Fasting has been made Fard (obligatory) upon you, just as it was made Fard (obligatory) upon those before you, so that you may attain piety. (These) are a stipulated number of days (only); so whosoever from among you is ill, or is on a journey, then (keep) the same number of fasts in other days; and for those who do not have the strength to do so, he must feed a destitute person in lieu of it; so whosoever does more virtuous deeds on his own accord, then for him, this is more beneficial; and fasting is more virtuous for you, if only you know. The month of Ramadaan in which the Holy Qur’an was revealed; (holds) guidance and (true) direction, and clear words of judgement; so whosoever from amongst you observes this month, he must surely fast; and whoever is ill or on a journey, he should (keep) the same number of fasts in other days; Allah Wills comfort for you, and He does not Will suffering for you; so that you (easily) complete the counting. And glorify Allah’s Divine Greatness, for having guided you, and so that you may be grateful. (And O my Beloved ﷺ)! When My servants ask you about me, then indeed I am close. I answer (fulfil) the Dua (invocation) of the one who invokes Me, so they must obey My Commands, and have Imaan (believe) in Me, so that they may attain (the path of) Guidance. It is Halaal (lawful) for you to go your wives during the nights of fasting; they are your garb and you are their garb; Allah knows that you were deluding yourselves, so He accepted your repentance, and pardoned you. Therefore now, be intimate with them, and seek that which Allah has written in your destiny. And eat and drink, until the white streak, becomes distinctly visible to you from the streak of darkness (of True dawn, breaking out); then until night appears, complete the fast. And, do not touch women whilst you are performing I’tekaaf (in seclusion for Allah) in the Masjid. These are the parameters set by Allah, so do not go to them. In this way, Almighty Allah explains His Verses to the people, so that they may reach piety. [Surah Baqarah, Verses 183-187]

Fasting is a very blessed Ibaadat (worship). Many Ahadith have been reported concerning the virtues of Fasting. Few of them are being quoted here.

 

The Doors of the Sky are Opened

 

Hadith: It in Sahih Bukhari and Sahih Muslim from Abu Hurairahؓ that Rasoolullah ﷺ said, ‘When Ramadaan arrives; the doors of the sky are opened.’

It is mentioned in one narration that the Doors of Mercy are opened, the Doors of Hell are shut, and the Shaitaans are bound in chains (shackles).

It is mentioned in the narration of Imam Ahmed, Tirmizi and Ibn Majah that when the first night of Ramadaan arrives, the Shaitaans and mischievous Jins are imprisoned, and the doors of Jahanum are shut, and not a single door of it is opened; and the Doors of Jannat are opened, so not a single door of it is closed, and the announcer announces, ‘O You who desire goodness! Take heed. (And) O’ you who desire mischief! Abstain, and there are some who are released from Jahanum, and this happens every night.’

Imam Ahmed and Nasa’i have also reported from him Abu Hurairah that Rasoolullah ﷺ said, ‘Ramadaan has arrived. It is a month of blessings. Allah has made its fasts Fard (obligatory) upon you. The doors of the sky are opened in it, and the doors of hell are shut, and the cursed Shaitaans are shackled; and in it, there is a night which is greater than a thousand months. One who is deprived of its goodness is undoubtedly deprived.’

 

A night that is greater than a Thousand Months

 

 

Hadith: Ibn Majah reports for Anas who says, the month of Ramadaan arrived, and Rasoolullah ﷺ said, ‘This month has come, and in it, there is a night which is greater than a thousand months. He, who is deprived of it, is deprived of everything, and only he will be deprived of its goodness, who is completely deprived.’

Hadith: Baihaqi reports from Ibn Abbas who says, ‘When the month of Ramadaan would come, Rasoolullah ﷺ would free all the captives, and he would bless every person who requested something.’

 

Jannat is adorned from the beginning of the year

Hadith: Baihaqi reports in Sha’bul Imaan from Ibn Umar that Rasoolullah ﷺ said, ‘Jannat is adorned from the beginning of the year until the following year, for Ramadaan. When the first day of Ramadaan arrives, a breeze blows from under the leaves of Jannat, passing over the Maidens of Jannat. They say, ‘O Rab! Make those men from amongst your servants our husbands, through whom our eyes may become cool, and may their eyes be cooled through us.’’

Hadith: Imam Ahmed reports from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘This Ummat is pardoned on the final eve of Ramadaan. It was asked, is that (Eve) the Eve of Qadr (Laylatul Qadr)?’ He ﷺ said, ‘No, but the labourers are given their full payment, only when they complete their work (duties).’

 

A month of patience

 

 

Hadith: Baihaqi reports in Sha’bul Imaan from Salman Farsi who says, ‘Rasoolullah ﷺ delivered a sermon on the last day of Sha’baan. (He ﷺ said) O People! The month of excellence and blessings has come to you, wherein there is a night that is greater than a thousand months.

Allah has made fasting in it Fard, and to stand (i.e. perform Namaaz) during its nights is Tataw’wu (i.e. Sunnat). One who does any good action in this month is as if he has performed a Fard action during any other month, and one who performs any Fard in this month, and then it is like performing seventy Fard on any other day.

This is a month of patience, and the reward for patience is Jannat. This is a month of goodness and compassion, and in this month the sustenance of a believer is increased. There is forgiveness for the sins of the one who provides Iftaar in (this month) for a fasting person, and his neck will be freed from the fire (i.e. he will be released), and the one providing the Iftaar will be rewarded equally to the one fasting person, without there being any shortage in his reward. We said, ‘Ya Rasool’Allah ﷺ, not every one of us is able to get that through which we may provide Iftaar (to someone).’

Rasoolullah ﷺ said, ‘Allah will (even) afford this reward to a person who provides Iftaar (to the fasting person) with a sip of milk, or single date, or a single sip of water; and for the one who fed a stomach full of food to a fasting person, (then) Allah will feed him from my Haudh (pond), and he will never be thirsty again, and (in this way) he will enter into Jannat.

This is that month, the beginning of which is Rahmat (Mercy), the middle of which is Maghfirat (forgiveness), and the end of which is salvation from the fire of Hell. One who lessens (the work) of his servant in this month, Allah will forgive him, and free him from Jahanum.’

 

Door is Ray’yan

 

Hadith: It is in Sahihain, Sunan Tirmizi, Nasa’i and in the Sahih of Ibn Khuzaimah from Sahl bin Sa’ad ؓ that Rasoolullah ﷺ said, ‘There are eight doors of Jannat. The name of one of its Doors is Ray’yan. Only those who keep fast will enter through this door.’

 

Laylatul Qadr

 

Hadith: It is reported in Bukhari and Muslim from Abu Hurairah that Rasoolullah ﷺ said, ‘One who remains standing (in Ibaadat) during the nights of Ramadaan, for the sake of Imaan and to attain reward, his past sins will be forgiven; and the one who stands (in Ibaadat) on Laylatul Qadr, for the sake of Imaan and to attain reward, then his past sins will be forgiven.’

 

Fasting and the Qur’an will make Shafa’at

 

Hadith: Imam Ahmed and Haakim, and Tabrani have mentioned in Kabeer from Ibn Abid-Dunya ؓ, and Baihaqi has mentioned in Sha’bul Imaan from Abdullah ibn Amr that Rasoolullah ﷺ said, ‘Fasting and the Qur’an will make Shafa’at (intercede) for a servant. His fasts will say, ‘O Rab! I held him back from eating and from his desires during the day, (so) accept my intercession on his behalf.’ The Qur’an will say, ‘O Rab! I held him back from sleeping at night (so) accept my intercession on his behalf.’ Both their intercessions will be accepted.’

 

Except for fasting, as that is for Me

 

Hadith: It is in Sahihain from Abu Hurairah that Rasoolullah ﷺ said, ‘In reward for every good deed of a person, he is given a reward which is more than ten, up to seven hundred. Almighty Allah says, ‘Except for fasting, as that is for Me, and I will give its reward. My servant abstains from his desires and from food for My sake.’

There are two happy moments for a fasting person, one at the time of Iftaar, and the other is when he meets with his Rab (Creator). In addition, the odour from the mouth of a fasting person is more beloved by Allah than the fragrance of musk. Also, fasting is a shield, and when a person is fasting, he should neither speak vulgar words, and nor should he yell, and if someone swears at him, or intends to pick a fight with him, he should say, ‘I am Fasting!’’

Similar narrations have been reported by Imam Malik, Abu Dawud, Tirmizi, Nasa’i and Ibn Khuzaimah.

Hadith: It is reported in Tabrani Awsat and in Baihaqi from Ibn Umar that Rasoolullah ﷺ said, ‘Near Allah, Deeds are of seven types: Those who perform two Waajib actions, and the reward of two is equal to it; the reward of one action is tenfold, and the recompense for one is seven hundred, and there is one such action (deed), the reward of which only Allah Knows. Of those two who perform Waajib deeds:

1. The first is he, who meets with Allah on a condition, whereby he made Ibaadat purely for Allah, and he did not associate any partners with Allah. For him, Jannat is Waajib (compulsory).

2. The second is he, who met with Allah in such a condition, that he associated partners with Allah, so for him is Jahanum.

3. The one who did wrong will be punished accordingly.

4. The one who intended to do good, but did not do so, will also be given one reward.

5. In addition the one who performed the good deed will receive tenfold Thawaab.

6. And the one who spent in the way of Allah will receive the reward of seven hundred (good deeds). For one dirham he will get (the reward of) seven hundred dirhams, and for one dinar, he will receive the Sawaab of seven hundred dinars, and fasting is for Allah, and none except Allah knows its (true) reward.

 

Fasting is a shield

 

Hadith: Imam Ahmed has reported on the merit of a Hasan narration, and Baihaqi has (also) reported that Rasoolullah ﷺ said, ‘Fasting is a shield and a strong fortress as protection from hell.’

Similar narrations have been reported by Hazrat Jaabir, Hazrat Uthman bin Abil A’as and Hazrat Muadh ibn Jabal

Hadith: Abu Ya’la and Baihaqi report from Salama bin Qais and Ahmed and Baz’zaz report from Abu Hurairah that Rasoolullah ﷺ said, ‘The one who fasted for one day for the pleasure of Allah, Almighty Allah will keep him at such a distance from Jahanum, like a crow, which started flying since it was a chick, and died only after it became old.’

Hadith: Abu Ya’la and Tabrani report from Abu Hurairah that Rasoolullah ﷺ said, ‘If a person kept Nafil fast for one day, and gold equivalent to the entire earth is given to him, it will still not fulfil its reward. He will only get its (true) reward on the Day of Qiyaamat.’

Zakat (charity) of the body is fasting

 

Hadith: Ibn Majah reported from Abu Hurairah that Rasoolullah ﷺ said, ‘There is Zakaat for everything, and the Zakat (charity) of the body is fasting, and fasting is half of patience.’

Hadith: Nasa’i, Ibn Khuzaimah and Haakim have reported from Abu Umama who says, ‘I said, ‘Ya Rasool’Allah ﷺ! Command me with regards to any action!’ He ﷺ said, ‘Make fasting necessary, for there is no action (deed) like it.’’ He (Abu Umama ؓ) then asked the same and He ﷺ gave the same command.

 

Hadith: Bukhari, Muslim, Tirmizi and Nasa’i have reported from Abu Sa’eed ؓ that Rasoolullah ﷺ said, ‘That person who fasts for one day in the way of Allah, Almighty Allah will keep his face away at a distance of seventy years from hell.’

Similar narrations are reported by Nasa’i, Tirmizi and Ibn Majah from Abu Hurairah ؓ.

Tabrani reports from Abu Dardah and Tirmizi reports from Abu Umama That He ﷺ said, ‘Allah Almighty will put such a huge trench between him and Jahanum, like the distance between the sky and the earth.’

The narration of Tabrani is from Amr bin Abasah which mentions that Jahanum will be away from him for a distance of one hundred years.

The narration of Abu Ya’la which is from Muadh ibn Anas mentions that ‘If one keeps fast in Ramadaan then he will be kept so far away from Jahanum, which is the distance of the speed of a fast horse which travels a journey of one hundred years.’

 

The Dua of a fasting person

 

Hadith: Baihaqi reports from Abdullah ibn A’as that Rasoolullah ﷺ said, ‘The Dua of a fasting person is not rejected at the time of Iftaar.’

Hadith: Imam Ahmed, Tirmizi, Ibn Majah, Ibn Khuzaimah and Ibn Hib’ban report from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘The Dua of three people is not rejected; the Dua of a fasting person when he makes Iftaar, the Dua of a Just King, and the Dua of one who is oppressed. Allah elevates this above the clouds, and the doors of the sky are opened for it, and Almighty Allah says, ‘I swear by My Honour and Majesty! I will definitely assist you, even if it is after a short time.’’

Hadith: Ibn Hib’ban and Baihaqi report from Abu Sa’eed Al Khudri that Nabi ﷺ said, ‘The one who kept the fast of Ramadaan and recognised its limitations, and he abstained from that which he had to abstain from, then this is the compensation for whatever he did in the past.’

Hadith: Ibn Majah reports from Ibn Abbas that Rasoolullah ﷺ said, ‘One who got the month of Ramadaan in Makkah and kept fast, and stood (in Ibaadat) at night for as long as he was able to, so compared to any other place, Almighty Allah will bless him with the Sawaab of one hundred thousand Ramadaans, and he will attain the Sawaab of freeing one neck (freeing a person) daily, and every night he will attain the reward of freeing one neck, and daily he will get the reward of saddling someone on a horse in Jihad. Also, during every day virtuous deeds will be written (for him) and during every night virtuous deeds will be written (for him).’

 

My Ummat has been blessed with five things

 

Hadith: Baihaqi reports from Jaabir bin Abdullah that Rasoolullah ﷺ said, ‘My Ummat has been blessed with five things in the month of Ramadaan, which was not given to any other Nabi before Me.

1. When the first night of Ramadaan arrives, Almighty Allah places His Divine Sight on them, and on whomsoever, He places His Divine Sight, he will never be punished.

2. The evening odour of their mouths is more beloved to Allah than the fragrance of musk.

3. The Angels make Istighfar for them every day and night (of Ramadaan).

4. Allah Almighty commands Jannat by saying, ‘Prepare yourself, and adorn yourself for my servants, who will soon leave the exhaustion of the world and come here to relax.’

5. When the final night of Ramadaan dawns, He forgives them all.

Someone asked, ‘Is that on the night of Qadr (Laylatul Qadr)?’ He ﷺ said, ‘No! Did you not see that a labourer labours and only when he completes his work, he receives payment (for his efforts)?’

Hadith: Haakim reported from Ka’ab bin Ujrah that Rasoolullah ﷺ said, ‘All of you gather near my Mimbar (pulpit)!’ We all gathered there. When Rasoolullah ﷺ ascended onto the first step of the Mimbar (Pulpit), He ﷺ said, ‘Aameen.’ He ﷺ then ascended onto the second step, and said, ‘Aameen.’ He ﷺ then ascended onto the third step and (again) said, ‘Aameen.’ When He ﷺ descended from the Mimbar we said, ‘Today we have heard from you ﷺ something which we have never heard before.’ He ﷺ said, ‘Jibra’eel appeared to me and said, ‘May that person be shunned, who attained the Ramadaan and did not have himself forgiven.’ Therefore, I said, ‘Aameen!’ When I ascended the second step, He said, ‘May that person be shunned, before whom My Name (i.e. (Nabi ﷺ Name) is mentioned and he does not send Durood upon me.’ I said, ‘Aameen!’ When I ascended the third step, he said, ‘May that person be shunned who got both his mother and father, or either one of them in their old age, but he could not go into Jannat by serving them.’ Therefore, I said, ‘Aameen!’’

Similar narrations were presented by Ibn Hib’ban from Abu Hurairahand Hasan bin Malik bin Huwairith.

Hadith: Asbahani reported from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘When the first night of Ramadaan arrives, Almighty Allah places his Divine Sight upon His creation, and when Almighty Allah places His Divine Sight on any from amongst His servants, He shall never punish him; and every day He frees one million people from Jahanum, and when 29th night arrives, then He frees on that night equal to all those whom he freed (for the entire month). Then, when the night of Eid ul Fitr arrives, the Angels rejoice and Allah manifests His Special Noor. He says to the Angels, ‘O congregation of Angels! What is the recompense for the labourer who has completed his work?’ The Angels say, ‘He should be given his full recompense.’ Allah Almighty says, ‘I make you My witness, that I have forgiven all of them.’’

Hadith: Ibn Khuzaimah reported a very lengthy narration from Ibn Mas’ud Ghiffari ؓ. In that Hadith, it is also mentioned that Rasoolullah ﷺ said, ‘If only the servants really knew what Ramadaan is, then My Ummah would have wished for Ramadaan to last for the entire year.’

Hadith: Baz’zaar, Ibn Khuzaimah and Ibn Hib’ban reported from Amr bin Murrah ؓ that a person (once) said, ‘Ya Rasool’Allah ﷺ tell me if I bear testimony that there is none worthy of worship except Allah, and that you are the Rasool of Allah, and if I perform my five daily Namaaz, and give my Zakat, and if I fast in Ramadaan, and if I remain standing (in Ibaadat) during the nights, then which category of people will I be in?’ He ﷺ said, ‘(you will be) from amongst the Siddiqeen and the Shuhada.’

 

LAWS OF JURISPRUDENCE

 

According to the customary terminology of Shariah, ‘Fasting’ refers to a Muslim purposely (intentionally) abstaining from eating, drinking or sexual intimacy, from Subho Saadiq until sunset, with the intention of Ibaadat (worshipping Allah). (In order to Fast), a female must be free from Haidh (Menstruation) and Nifaas (post-natal bleeding). [General Books of Fiqh, Tanweerul Absaar, vol.2, pg.110]

 

There are three levels of fasting:

 

1. The Fasting of the common folk: This is to withhold the stomach and private parts from eating, drinking and sexual intimacy.

2. The Fasting of the (spiritually) Elite: With the exception of the above, they protect their ears, eyes, tongues, hands, feet and entire body from sinful acts.

3. The Fasting of the (spiritually) Super Elite: they abstain from everything which is not for the sake of Allah completely, and they direct their attention only towards Him (Allah). [Jauhira Nayyira]

 

The Five Types of Fasting

 

1. Fard
2. Waajib
3. Nafil
4. Makruh e Tahreemi
5.Tanzeehi e Tanzeehi

Makruh Tahreemi, Fard and Waajib are of two types: Mu’ayyan (Defined) and Ghayr Mu’ayyan (Not defined) 1. Fard e Mu’ayyan, such as the current (fasts) of Ramadaan and Fard e Ghayr Mu’ayyan, such as the Qaza of Ramadaan, and the Kaffarah for fasting. Waajib e Mu’ayyan, such as the defined Nazr (Vow), and Ghayr Mu’ayyan, such as Nazr e Mutlaq (i.e. unrestricted Nazr).

Nafil: is in two categories: Nafil Masnun and Nafil Mustahab, such as Ashura, in other words, the fast of the 10th of Muharram, and with it, the fast of the 9th as well, and the 13th 14th and 15th of every (lunar) month, and the fast of Arafah, the fasts of the Monday and Thursday, and the six fasts after Eid and the Sawm Dawud , in other words, to keep fast on one day and to have Iftaar on one day.

Makruh e Tanzeehi: Such as, to fast only on a Saturday; also, the fast of the New year, and Mahrgan2 and the fast of Sawm e Dahr (i.e. fasting always) and Sawm e Sukoot (i.e. such a fast in which one does not speak at all), Sawm e Wisaal3 (i.e. to keep one fast after the other without Iftaar). All of these are Makruh e Tanzeehi.
Makruh e Tahreemi: such as the fasts on the day of Eid and on the Days of Tashreeq.4 [Alamgiri, vol.1, pg. 194; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg. 115/116]

1: Defined here refers to that which is set to a particular date, such as the fast of Ramadaan, and not defined, means not set to a particular date, like Qaza of the fasts etc.

2: On the day when Dahaak (in Iran) was conquered and Fareedun became the King

3: Nabi ﷺ used to keep Sawm e Wisaal as this was within His ﷺ Unique capabilities, and this was for Him ﷺ and not for us.

4: In other words to fast on Eid ul Fitr, Eid ul Adha, and on the 11th, 12th and 13th of Zul-Hijjah.

 

There are different reasons (motives) for Fasting

 

There are different reasons (motives) for Fasting. The reason (motive) for the fasting of Ramadaan is the coming of the month of Ramadaan, the reason for the fasting of Nazr (Vow) is the taking of a Man’nat; the reason for the Fasting for Kaffarah is due to breaking a Qasm (Oath), or due to killing or due to Zihaar (i.e. when the husband compares his wife with a woman within his prohibited relationship e.g. his mother or sister). [Alamgiri, vol.1, pg. 194]

Law 4: The fast for the month of Ramadaan will only become Fard when the starting time which is stipulated for keeping the fast is established, in other words, from Subho Saadiq (true dawn) up to Zahwa e Kubra (Midday as stipulated by Shariah), because the Niyyat (intention) of fasting cannot be made after this. Thus, the fast cannot be kept (if this time expires), and Niyyat can be made at night, but it is not the appropriate time for fasting. Therefore, if a Majnun (insane person) regained his senses during any night of Ramadaan, and his morning was in the condition of Junoon (insanity), or if he regained his senses on any day after Zahwa e Kubra, then he is not liable for the Qaza of the fasts of Ramadaan, on condition that the entire Ramadaan passes in this Junoon (state of insanity). Additionally, if he got even one day (in the month) and if he got the time, in which he is able to make the Niyyat, then the Qaza of the entire Ramadaan is necessary upon him. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.111/112]

Law 5: If one made the intention of fasting at night and in the morning he was in an unconscious state, which lasted for many days, then in this case, only the fast of the first day is valid. Therefore, he must keep Qaza for the fasts of the other days, even if the entire Ramadaan passed in this fainted (unconscious) state, even though he did not get the time to make Niyyat (during these days). [Jauhira, Durr-e-Mukhtar, vol.1, pg.122]

 

The (prescribed) time for the Niyyat

 

1.The Ada1 of the Ramadaan fasts,
2.The Nazr Al Mu’ayyan,
3. And for the Nafil fasts,

is from (after) sunset upon Zahwa e Kubra. The fast will be valid if the Niyyat is made at any time during this duration. Hence, if a person made Niyyat before sunset that tomorrow I will fast, and he then entered an unconscious state, and he only regained consciousness after Zahwa e Kubra, then in this case the fast is not valid, and if he made the intention after the sun had set, then the fast is valid. [Durr- e-Mukhtar, Raddul Muhtar, vol.2, pg.116]

Law 7: Zahwa e Kubra is not the time for Niyyat, but the Niyyat must actually be made before the Zahwa e Kubra, as this is necessary; and if he made Niyyat at that exact moment when the Sun reaches the ‘Khat Nisfun Nahaar Shari’2, then that fast is not valid.

Law 8: The rule for the Niyyat (intention) which mentions the general Nafil also includes Sunnat, Mustahab and Makruh, as the time for Niyyat for all of these is the same. [Raddul Muhtar, vol.2, pg.116]

Law 9: Just as it has been mentioned in other discussions concerning the Niyyat; the Niyyat (intention) refers to the intent of the heart, and it is not a condition to mention it with the tongue (i.e. audibly),

1: Ada means punctual (timeous) completion of a current activity (such as fast etc) within its prescribed time. Qaza means completion of an act after its prescribed time has expired.

2: Nisfun Nahaar Shar’i is when the Sun is at its highest point at mid-day, based on the Shar’i stipulation. [Durr-e-Mukhtar, vol.2, pg.112]

then even here (in the case of Niyyat for fasting), the same rule applies, but it is Mustahab to mention it with the tongue. If one makes the Niyyat at night, he should say,

 

Nawaytu An Asooma Ghadan Lillahi Ta’aala Min Fardi Ramadaan Haadha

‘I have made Niyyat that I will keep for Allah, the Fard Fast of this Ramadaan, tomorrow’

If he makes Niyyat during the day, he should say,

 

Nawaytu An Asoomu Haadhal Yawma Lillahi Ta’aala Min Fardi Ramadaan

‘I have made Niyyat, that today, for Allah, I will keep the Fard Fast of Ramadaan’

If the words In’sha Allahu Ta’aala are added for the purpose of attaining blessing with the Niyyat, then to there is no harm in it. If the intention is not a firm intention, but it is merely a reluctant (act), then in such case, where is the Niyyat even valid?’ [Jauhira]

Law 10: When making Niyyat during the day, it is necessary to make the following Niyyat, ‘I am fasting from Subho Saadiq’ and if a person makes the Niyyat, ‘I am fasting as of now’1, i.e. and not since

morning (Subho Saadiq), then the vast is not valid. [Jauhira, Raddul Muhtar, vol.2, pg.116]

Law 11: Even though the Niyyat for these three types of Fasts can be made during the day, it is Mustahab (desirable and preferred) that it should be made at night2. [Jauhira]

Law 12: Similarly, if a person makes the intention that, ‘If there is an invitation (Feast) somewhere tomorrow, then I am not with fast and if there is no invitation then I am with fast,’ then this Niyyat is improper (invalid), and in any case, he will not be regarded to be fasting. [Alamgiri, vol.1, pg.195]

Law 13: If a person in the days of Ramadaan neither made Niyyat fast nor did he make Niyyat of not fasting, even though he knows it is the month of Ramadaan, it will not be regarded as a valid fast. [Alamgiri, vol.1, pg.195]

Law 14: If he made Niyyat at night, and then on the same night, he ate and drank, then in this case the Niyyat does not become void, but the same initial Niyyat is sufficient, and there is no need to make fresh Niyyat again. [Jauhira]

Law 15: If a woman was in the state of Haidh or Nifaas, and at night she made an intention of fasting tomorrow (the next morning), and she became pure from Haidh or Nifaas before Subho Saadiq, then her fast has become valid. [Jauhira]

1: The above is in the case when a person ate before Sehri ends and then he made Niyyat only during the day, before Zahwa e Kubra.
2. Night means any time before the actual appearance of Subho Saadiq, i.e. (True Dawn).

Law 16: During the day, Niyyat is of use (i.e. valid) only if from Subho Saadiq until the time that one made the Niyyat, he did not do anything which is contrary to the (laws of) fasting. Therefore, even after Subho Saadiq forgetfully ate or drank something, or was sexually intimate, then now the Niyyat cannot be made. [Jauhira] However, the reliable view is that even in the case of forgetfulness the Niyyat is proper (valid). [Raddul Muhtar, vol.2, pg.133]

Law 17: If one intended to talk in a Namaaz, but did not talk, then the Namaaz will not be invalidated. Similarly, whilst fasting, if a person intended to break his fast, it will not be broken until such time that he does not do something, which will break the fast. [Jauhira]

Law 18: If a person made Niyyat fast at night, and thereafter made a genuine intention that he will not fast, then in this case the initial Niyyat is invalidated. If in this case, he remains without eating and drinking the entire day and he abstains from intimacy the entire day, but he did not make a fresh Niyyat, then the fast will be invalid. [Durr- e-Mukhtar, Raddul Muhtar, vol.2, pg.119]

Law 19: To eat Sehri is by itself regarded as Niyyat (i.e. intention to fast), be this for the fasts of Ramadaan or for any other fasts. However, if whilst eating he has an intention that, he will not fast in the morning, then eating this Sehri will not be counted as a valid Niyyat. [Jauhira, Shaami, vol.2, pg.116]

Law 20: It is necessary to make a new (fresh) Niyyat for every fast of Ramadaan. If a person made Niyyat on the first day or any other date for the fast of the entire month of Ramadaan, then this Niyyat is only valid for that one day, and it is not valid for the other days. [Jauhira]

Law 21: These three, in other words, the Ada fast of Ramadaan, the Nafil Fast and the Fast of a Nazr Mu’ayyan will be valid simply by an unspecified intention of Fasting. It is not necessary to make a Niyyat, particularly for that fast. Similarly, it is also counted as Ada, even if done with Niyyat of Nafil. If a person who is not ill or a Musafir made Niyyat for some other Waajib fast in Ramadaan, then to it is counted as it is that of Ramadaan. [Durr-e-Mukhtar, vol.2, pg.116/117]

Law 22: If a Musafir or a Mareedh (sick person) makes Niyyat for Nafil or some other Waajib fast in Ramadaan, it will be regarded as the fast for which he made the intention, and it will not be counted as the fast of Ramadaan. [Tanweerul Absaar]. However, if they simply make an unspecified Niyyat of just fasting (without specifying it), the fast will be counted as the fast of Ramadaan. [Alamgiri, vol.1, pg.192]

Law 23: If a person intended to fast to fulfil a Nazr e Mu’ayyan, in other words, he says I will fast on a certain day, and in fulfilling this, if on that day he kept the fast with the Niyyat of some other Waajib, then the fast will be regarded as the one for which he intended when keeping it, and the fast of the vow (Nazr or Man’nat) must be kept (separately). [Alamgiri, vol.1, pg.192]

Law 24: If in the month of Ramadaan, he kept some other fast and he was not aware that it is the month of Ramadaan, then to it will be regarded as the fast of Ramadaan. [Durr-e-Mukhtar, vol.2, pg.118]

Law 25: If a Muslim was imprisoned in a Darul Harb, and every year assuming that the month of Ramadaan has arrived, he kept fasts of Ramadaan, and later on he realises that in none of the years, these fasts were actually kept in Ramadaan (i.e. his assumptions were

incorrect), but every year he actually kept them before Ramadaan, then the fasts of the first year will not be counted as valid, because the fast of Ramadaan cannot be kept before Ramadaan. Concerning the fasts of the second and third years (etc.) if he made an unspecified Niyyat of Ramadaan, then the fasts of every year will be counted as Qaza for the fasts of the previous year, and if he made intention for the Ramadaan fasts of this year (i.e. he specified it), then the fasts of none of the years are valid. [Raddul Muhtar, vol.1, pg.118]

Law 26: If in the above-mentioned situation, he performed ‘Tahar’ri’, in other words, he thought about it, and his heart was completely content that this is the month of Ramadaan, and he then kept the fasts, but in reality, these fasts were in the month of Shawwal, then if he made this intention from the night, then they are valid because in Qaza to make the Niyyat of Qaza is not a condition, as Qaza will also be valid if done with the Niyyat of Ada. If the month of Ramadaan and Shawwal are both thirty days each, then he should keep one further fast, because the Fast on Eid is Mamnu’ (disallowed/disapproved). If Ramadaan is of thirty days and Shawwal is of twenty-nine days, then he should keep two more Fasts, and if Ramadaan was of twenty-nine fasts and this (Shawwal) was of thirty, then they have all been completed. If that month was (later realised) to be Zul-Hijjah, and both the months were either thirty or twenty-nine, he should keep another four fasts (when he realises this), and if Ramadaan was of thirty days and this (Zul-Hijjah) is of twenty-nine days, then he should keep five more fasts, and if it is the other way around (i.e. Ramadaan was twenty-nine and Zul-Hijjah was thirty), then he should keep three more fasts.

In other words, he will have to remove the days on which fasting is disallowed and then complete those days which were (within) the counting of that Ramadaan. [Alamgiri, vol.1, pg.196]

Law 27: With the exception of the Ada fasts of Ramadaan, the fasts of Nazr e Mu’ayyan and the Nafil Fasts, the other fasts; for example, the fasts which are for the Qaza of the Fasts of Ramadaan, and those which are Nazr e Ghayr Mu’ayyan, and the Qaza fasts of Nafil fasts, (in other words if one kept a Nafil fast then broke it, then the Qaza of that fast must be kept), and the Qaza of the Nazr e Mu’ayyan fasts, and the fasts of Kaffarah, and those fasts which become Waajib on the basis of hunting in the Haram (within Haram boundary), and the fast which one must keep due to shaving the head before time, i.e. for all these fasts, it is necessary to make their Niyyat at night or at the precise and exact time when true dawn appears. It is also necessary to keep the specific Niyyat for the fast which you are keeping (in this situation), and if the Niyyat for these (types) of fasts are made in the daytime, then they will all be regarded as Nafil, and still, it becomes necessary to complete them. If one breaks them, the Qaza for it will be Waajib, even if it is in his knowledge that this will not be counted as the fast which I wanted to keep, but it will be counted as a Nafil fast. [Durr-e- Mukhtar, vol.2, pg.118/119]

Law 28: If a person assumed that he was responsible for a Qaza fast and he then kept that fast accordingly, then later he realised his assumption was incorrect, then in this case if he immediately breaks the fast, he is permitted to break it, even though it is more virtuous to complete it. However, if he did not break it immediately (on realising his assumption was incorrect), then in this case he cannot break it now. If he does break it, he will be liable to keep its Qaza. [Raddul Muhtar, vol.2, pg.119]

Law 29: If one made Niyyat for a Qaza Fast at night, and in the morning, he wishes to keep it as Nafil, he cannot do this. [Raddul Muhtar, vol.2, pg.119]

Law 30: If whilst in Namaaz he made the Niyyat of Fasting, then this Niyyat will be valid. [Durr-e-Mukhtar, vol.2, pg.119]

Law 31: If many fasts have become Qaza, then in the Niyyat it must be said, ‘This is the Qaza of the first Fast of this Ramadaan, (or) the second fast, or the Qaza of the third fast (etc.).’ If some are Qaza from the current year and some are Qaza from the previous year, then in this case he must say, ‘Qaza for the fasts of this Ramadaan’ and ‘Qaza for the fasts of last Ramadaan.’ However, there is no need to specify the day or the exact year, as even if he does not do so, the fasts will be valid. [Alamgiri, pg.196]

Law 32: If a person intentionally broke the fast of Ramadaan, then in this case he is liable for the Qaza of that fast, and he must also keep a further sixty fasts as Kaffarah (compensation). Now, if he kept (all) sixty-one fasts, and he did not specify the day for which he is making Qaza, the fasts will still be valid. [Alamgiri, vol.1, pg.196]

Law 33: Yaumush Shak (Day of Doubt): In other words, one is allowed to keep fast purely with the intention of Nafil on the thirtieth of Sha’baan. If one kept any other fast (on this day) with the exception of Nafil, then to do so is Makruh, be it without specifying a Niyyat (i.e. just with Niyyat of keeping a fast), or be it with Niyyat of keeping a Fard or Waajib fast. Even if he kept it with a specified intention, or even if he kept it with a wavering intention, all of the above are regarded as Makruh (disapproved). If it is kept with the Niyyat of Ramadaan, then this is Makruh e Tahreemi, otherwise, for a Muqeem it

is Tanzeehi, and if a Musafir (Traveller) makes any Niyyat of a Waajib (Fast), then there is no objection. However, if later it is proven that the particular day is Ramadaan, then for a Muqeem (Resident), either way, it will be counted as the fast of Ramadaan, and if it is proven that it was the day of Sha’baan, and the Niyyat was for some Waajib, then it will be counted as the Waajib for which it was, and if it cannot be proven (which day it really was), then the one kept with Waajib Niyyat is void. Whichever Niyyat the Musafir kept the fast with, is what it will be counted as, in any case. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg. 119/121]

Law 34: If the thirtieth fell on such a day on which one is in the habit of fasting, then in this case it is Afdal (more virtuous) for him to fast on this day. For example, if there is a person who fasts (habitually) on a Monday or on a Thursday, and the thirtieth falls on that day, then for him to fast on that day is Afdal. Similarly, if he was already keeping a few fasts from before, then there is no harm in him fasting on Yaumush Shak. The objection (disapproval) is only in the case when a person only keeps fast a day or two before Ramadaan, in other words, he only keeps fast on the thirtieth of Sha’baan, or on the twenty-ninth and thirtieth of Sha’baan. [Durr-e-Mukhtar, vol.2, pg.120]

Law 35: If one is not in the habit of keeping fast on that day or if he has not kept fasts from many days before, then in this case only the (spiritually) elite may fast on this day (i.e. on the 30th Sha’baan) and the rule for the common folk (i.e. general public) is that until Zahwa e Kubra they should remain as if fasting. Then, if the (proper Shar’i testimony) of the moon sighting is proven, then they should make the Niyyat for the fast of Ramadaan, otherwise, they should eat and drink (as normal). Here the ‘Khawaas’ (The Elite) does not only refer to the Ulama, but it also refers to that person who knows that on this day,

one may fast in this manner. Then, such a person (in this situation) is counted as being amongst the elite; otherwise, he is counted among the common folk. [Durr-e-Mukhtar, vol.2, pg. 120/121]

Law 36: When keeping the fast of Yaumush Shak (Day of Doubt), one must make a firm Niyyat, that this fast is a Nafil fast. There should be no wavering (doubt) in this Niyyat. It should not be made such that if it is Ramadaan, then this is the fast of Ramadaan, otherwise, it is Nafil; or by saying that if today is Ramadaan then this is the fast of Ramadaan, otherwise it is the fast of any other Waajib fast. To do both of these is Makruh. However, if that day is proven to be the day of Ramadaan, then the Fard of Ramadaan will be counted as Ada; otherwise, in both cases it is Nafil, and either way, he will be regarded as being sinful. One should also not make Niyyat in this manner, ‘If this is the day of Ramadaan, then I am fasting, otherwise, I am not fasting,’ because in this case neither is the Niyyat valid nor is the fast valid. If one makes the firm intention of Nafil (for that day), but every now and then the thought of it possibly being the day of Ramadaan creeps into the heart, then in this case there is no harm in this. [Alamgiri, vol.1, pg.220; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.122]

Law 37: Regarding the command of waiting until Zahwa e Kubra which has been given to the common folk (i.e. general public); if one acted upon this, but then he forgetfully ate and drank, and then it became obvious that it is the day of Ramadaan, he should make the Niyyat of fasting, and it will be counted. This is because the one who is in waiting, is counted in the ruling of one who is fasting, and to eat forgetfully, does not break the fast. [Durr-e-Mukhtar, vol.2, pg.122]

 

 

SIGHTING OF THE MOON (CRESCENT)

 

Almighty Allah says,

‘(O Beloved ﷺ)! The people ask you about the Hilaal (Crescent); you say, ‘It is a schedule (time) for the people (peoples activities), and for Hajj.’’ [Surah Baqarah, Verse 189]

Hadith 1: It is in Sahih Bukhari and Muslim from Ibn Umar ؓ that Rasoolullah ﷺ said, ‘Do not commence fasting unless you have seen the moon, and do not make Iftaar (i.e. end your fasts) unless you have seen the moon, and if it is cloudy, then complete the counting.’

Hadith 2: It is also reported in Sahihain from Hazrat Abu Hurairah
ؓ that Rasoolullah ﷺ said, ‘Commence fasting by sighting the moon and end fasting by sighting the moon, and if it is cloudy, then complete the counting of thirty for Sha’baan.’

Hadith 3: Abu Dawud, Tirmizi, Nasa’i, Ibn Majah and Daarimi have reported from Ibn Ab’bas that a Bedouin presented himself before Rasoolullah ﷺ and said, ‘I have seen the moon of Ramadaan.’ Nabi ﷺ said, ‘Do you bear testimony that there is none worthy of Worship except Allah?’ He said, ‘Yes.’ He ﷺ said, ‘Do you bear testimony that Muhammad ﷺ is the Rasool of Allah?’ He said, ‘Yes.’ He ﷺ said, ‘O Bilal! Announce amongst the people that they should fast tomorrow.’
Hadith 4: Abu Dawud and Daarimi report from Ibn Umar
that people started looking for the moon. I informed Rasool ﷺ that I

had seen the moon. Rasool ﷺ himself kept fast (based on this) and He
ﷺ also commanded the people to keep fast.

Hadith 5: Abu Dawud reports from Ummul Mo’mineen Siddiqa that Rasoolullah ﷺ protected Sha’baan so much so, that he did not protect any other (month) like this month. Then, He ﷺ would commence fasting on sighting the moon, and if it would be cloudy, He
ﷺ would complete the counting of thirty and then only would He ﷺ
keep fast.

Hadith 6: It is in Muslim from Abil Bakhtari ؓ wherein he says, ‘We had gone for Umrah and encamped in the Valley of Nakhla, then on seeing the moon someone said, it was three nights old and others said it was a two-night old moon. We met Ibn Ab’bas and mentioned this to him. He asked, ‘On which night did you see it?’ We said, ‘on such and such a night!’ He said, ‘Rasoolullah ﷺ based its age on the time of seeing it, so it will be counted as being (the moon) of the night on which you saw it (meaning new moon).’

 

 

Waajib-e-Kifaayah to See the Moon for Five Months

 

It is Waajib-e-Kifaayah to see (i.e. make effort to sight) the moon for five months:

1. Sha’baan
2. Ramadaan
3. Shawwal
4. Ziqaddah
5. Zul-Hijjah

(It is Waajib to sight the moon of) Sha’baan, because if it is cloudy or hazy when looking for the moon of Ramadaan, then you can complete thirty days of Sha’baan and then commence Ramadaan. The sighting of the moon of Ramadaan, is so that you may be able to keep the fasts of Ramadaan, and the sighting of the moon of Shawwal is so that you may end the fasting of Ramadaan, and the sighting of Ziqaddah is to determine Zul-Hijjah, and the sighting of Zul-Hijjah is for Baqr Eid (i.e. Eid ul Adha). [Fatawa Razviyah]

Law 2: On the evening of the twenty-ninth of Sha’baan, one should look for the moon (of Ramadaan). If it is seen, then one should keep fast on the following day; otherwise, one should complete thirty days of Sha’baan and then commence the month of Ramadaan. [Alamgiri, vol.1, pg.197]

Law 3: If someone saw the moon (crescent) of Ramadaan or Eid, but his testimony was rejected due to some Shar’i reason; for example, if he is a Faasiq (transgressor), or if he saw the Eid moon alone, so the command for him is that he should fast, even though he saw the Eid

moon himself, and for him to break that fast is impermissible, but if he does break it, there is no Kaffarah for it. If in this situation, it was the moon of Ramadaan and according to his counting, he completed had completed thirty fasts, and then at the time of the Eid moon, again the sky was cloudy or hazy, then he too will be commanded to keep one faster (like everyone else). [Alamgiri, vol.1, pg.198; Durr-e- Mukhtar, vol.2, pg.122/123]

Law 4: He kept fast by sighting the moon alone, and then broke the fast, or even if he gave testimony in the court of the Qadi, and the Qadi has not as yet given the command on the basis of his testimony, and he broke his fast, then even in this case, there is no Kaffarah for it. He will only keep the Qaza for that fast. However, if the Qadi had accepted his testimony and after that, he broke his fast, then the Kaffarah is necessary, even if he is a Faasiq. [Durr-e-Mukhtar, vol.1, pg.123]

Law 5: For a person who has knowledge of the Science of Astronomy, to say that today the moon has been confirmed or not, on the basis of astronomical knowledge, has no validity, even though he may be ‘Aadil’, and even though there are numerous people like this who can say the same because in Shariah the credibility is on the basis of physical sighting of the moon and on the basis of testimony (as stipulated by the Shariah). [Alamgiri, vol.1, pg.197]

Law 6: In every testimony, it is necessary to say, ‘I testify (or I give testimony),’ because without saying this, it is not regarded as ‘Shahaadat.’ However, if it is cloudy, then for the moon of Ramadaan, it is not necessary to say it. It is sufficient for him to say, ‘I saw with my eyes the moon of this Ramadaan, today (or) yesterday, or on such and such a day.’ Similarly, for this testimony, Da’wah (The Claim of sighting) and Majlis e Qaza (Judicial Assembly) and the command of

the Haakim (Muslim Authority) are not a condition, to the extent that if he gave gawaahi (i.e. presented the testimony of his sighting) before any Haakim, then whosoever heard his testimony and he apparently knows that this person is ‘Aadil’, then for him to keep fast is necessary, even though he has not heard the command of the Haakim, for example, if he left before the Haakim gave the command. [Durr-e- Mukhtar, vol.2, pg.123; Alamgiri, vol.1, pg.197]

Law 7: The confirmation for Ramadaan in cloudy and hazy weather is valid even if presented by one Muslim who is Aaqil and Baaligh, and who is Mastur or Aadil, be this a male or a female; be it a handmaid or a slave, or even if it is someone who has been flogged for an accusation of adultery, on condition that he has repented. Being ‘Aadil’ means that at least he is pious, and he abstains from major sins, he is not persistent in committing minor sins, and he does not do such actions which are contrary to civility, such as by eating in the marketplace (whilst walking around). [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.123/124]

Law 8: If a Faasiq even gives Shahaadat to sighting the moon of Ramadaan, his testimony is not worthy of being accepted. Now remains the issue as to whether it is necessary for him to give testimony (if he saw the moon) or not. If he is optimistic that the Qadi will accept his testimony, then in such a situation it is necessary for him to go forth and testify. A Master is a Muslim whose Zaahir, i.e. outward appearance and conduct conform to the Shariah, but his Baatin (innermost) condition is not known. Even his testimony is not acceptable to other than Ramadaan. [Durr-e-Mukhtar, vol.2, pg. 123/124]

Law 9: For the Aadil person who has seen the moon of Ramadaan, it is Waajib upon him to give the Shahaadat (of his sighting) on the same night, to the extent that if a slave-girl or female who is in Pardah (veiled) saw the moon, then for them to it is Waajib to go on the same night to present their testimony. The slave girl in this situation does not require the permission of her master. Similarly, it is Waajib upon a free woman to go forth and give Shahaadat (of her sighting), and for this, she does not need to seek the permission of her husband. However, this ruling is only applicable when the confirmation (of the moon sighting) is only dependent on her testimony and without her giving testimony, the situation cannot be resolved; otherwise (if this is not the case), what need is there (for her to go give testimony when there are other witnesses)? [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.124]

Law 10: It is not necessary upon the person before whom the testimony is being presented, to ask, from where did you see the moon, and on which side was the moon, and how was it (i.e. its appearance), and how high was it etc. [Alamgiri, vol.1, pg.197] One should only question the witness if his (or her) testimony is doubtful, especially for Eid, because people tend to baselessly claim to have seen the moon (of Eid).

Law 11: If the Imam (Badsha-e-Islam, i.e. the Muslim Ruler) or the Qadi saw the moon, then he has the right (i.e. the choice) of either personally giving the command for fasting, or he can appoint someone to take his Shahaadat (testimony), and he can then give Shahaadat before that duly authorised official. [Alamgiri, vol.1, Pg.197]

Law 12: If the moon was seen in a rural area (i.e. like in a village) and there is no one there before whom testimony can be given, then in

this case the village folk should be gathered together and Shahaadat should be given in front of them. If the person (giving testimony) is Aadil, then it is necessary upon them to keep the fast. [Alamgiri, vol.1, pg.197]

Law 13: If a person did not see the moon himself, but the person who saw it (i.e. the primary witness) made him witness to his Shahaadat, then the ruling concerning his (the secondary witness’s) Shahaadat is the same as that of the actual primary witness who saw the moon, whereas all the conditions of ‘Shahaadat alash Shahaadat’1 are established. [Alamgiri, vol.1, pg.197, etc.]

Law 14: If the horizon (i.e. sky) is clear, then unless many people do not give Shahaadat, the confirmation of the sighting of the moon will not be valid. Now, remains the issue as to how many people are required for this? This is dependent on the Qadi. He will give the command based on as many witnesses as it takes to allow him to be completely satisfied unless the testimony was for the sighting of the moon from the outskirts of the city, or from a high place, then in this case the testimony from one Mastur even will be acceptable for the moon of Ramadaan. [Durr-e-Mukhtar, vol.2, pg.126/127, etc.]

Law 15: ‘Jama’at-e-Katheera’ (a large group of Muslims) is only a condition (pre-requisite), when Shahaadat is being passed for keeping fast, or for Eid. For any other (judicial) issue, if two males or one male and two females who are Thiqa (i.e. reliable and

 

1. Shahaadat alash Shahaadat is testimony that is based on the testimony of primary witnesses who have seen the moon and made the secondary witnesses, witness to their testimony.

trustworthy) have given Shahaadat, and the Qadi has given judgment based on their Shahaadat, then this Shahaadat is now sufficient, and will also be counted as being valid to commence fasting or to celebrate Eid. For example, if one person made a claim against another person, saying that the said person owes him the such and such amount, and the time for payment was when Ramadaan comes, then he will pay what he owes, but he is not paying this amount. The defendant says, undoubtedly I owe him the said amount, and this was the time frame stipulated, but Ramadaan has not as yet come. Now, on this, the plaintiff presented two witnesses who gave Shahaadat of having seen the moon. The Qadi then gave the judgement that he (the defendant) must pay the amount which he owes, so in this situation, even though the sky was clear and only two witnesses testified, but in regards to the commencing of the fast and concerning celebrating Eid, these two testimonies will be regarded as being sufficient. [Durr-e-Mukhtar, Raddul Muhtar, vol.1, pg.127/128]

Law 16: If the sky is clear here, but the sky (horizon) is not clear elsewhere, and the Shahaadat was given in front of the Qadi and the Qadi gave judgement that that moon has been sighted. Now, if two or few people from there came here where the horizon is clear, and testified that, at the Court of a certain Qadi two people gave Shahaadat of having seen the moon on the such and such night, and that Qadi gave the judgement in our presence, and the condition of their Da’wah (claim) is also established, then even the Qadi here will give the judgement based on those Shahaadats. [Durr-e-Mukhtar, vol.2, pg.128]

Law 17: If few people come and say, that the moon was sighted at such and such place, but even if they give Shahaadat that the moon

was sighted at such and such place, and even if they give this Shahaadat that such and such person and the such and such person saw the moon, and even if they give the Shahaadat saying, the Qadi of such and such place has given the command to the people to commence fasting, or end fasting; then it must be known that all these methods are not sufficient.1 [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.128]
Law 18: If the sighting of the moon was confirmed in any city and this has become famously known in the entire city, and from there, numerous Jama’ats come to another city and all of them gave this ‘Khabar’ (News/information) that on such and such day the moon was sighted there, and based on Ruyat (sighting) the people there commenced fasting on such and such day, then this has become confirmation for those here (i.e. in this city as well). [Raddul Muhtar, vol.2, pg.128]

Law 19: If the sky was cloudy on the night of the Ramadaan moon, and if only one person gave Shahaadat and based on his Shahaadat the command to fast was also given, then if the Eid moon is now not seen due to cloudy weather, then Eid should be celebrated after completing thirty fasts. Also, if the weather is clear, they should not make Eid, unless Ramadaan was commenced with the confirmation of testimony by two Aadil witnesses. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.129]

 

1. The reason for this not being acceptable and being insufficient to confirm sighting is because none of them was appointed as witnessed by those who saw the moon, thereby authorising them to testify based on the testimony of the primary eyewitness. They are merely giving Shahaadat that the moon was seen there and this is not really testimony as they were not authorised to do this.

Law 20: If the weather is not clear, then with the exception of Ramadaan, be it Shawwal or Zul-Hijjah or all the other months, two males, or one male and two females must give testimony, and all must be Aadil, free men (not slaves), and none of them should have been charged and punished for an accusation of adultery, even if they have repented. It is also a condition that when testifying, the witnesses should say these words, I testify (or I bear testimony). [General Books, Shaami, vol.2, pg.130]

Law 21: If two persons saw the Eid moon in a village (rural area), and the sky is clear and there is none there before whom they may give their testimony, they should do this in the presence of the village folk, and if they (the witnesses) are Aadil, then Eid should be celebrated. [Alamgiri, vol.1, pg.98]

Law 22: If the Imam or Qadi saw the Eid moon alone (i.e. by himself), then for him to celebrate Eid or give the command of Eid is not permissible. [Durr-e-Mukhtar, vol.2, pg.125, etc.]

Law 23: On the twenty-ninth of Ramadaan if some people gave this Shahaadat that we have seen the moon one day before, and based on this today is the thirtieth, then in this case, if these people were here, then their testimony will now not be acceptable, due to not giving testimony on time (i.e. as they should have given the Shahaadat when they saw it). However, if they were not here (i.e. it was seen elsewhere), and they are Aadil, then their testimony will be accepted. [Alamgiri, vol.1, pg.198]

Law 24: If the moon of Ramadaan was not seen, so they completed thirty days of Sha’baan and then commenced fasting, and they had only kept twenty-eight fasts, when the Eid moon had been seen, then

in this case if after sighting the moon, Sha’baan was counted as thirty days, then they should keep one fast (after Eid), and if even the moon of Sha’baan was not seen, but they commenced the month of Sha’baan only after completing thirty days of Rajab, then they should keep two fasts Qaza (after Eid). [Alamgiri, vol.1, pg.199]

Law 25: If the moon was seen in the day before Zawaal or after, either way, it will be counted as the moon of the following (next) night. In other words, the month will commence from the night which is to come. Therefore, if the moon was seen during the daytime of the thirtieth Ramadaan, then this day is counted as being the day of Ramadaan, and not the day of Shawwal, and to complete that fast is Fard, and if it (the moon) was seen during the daytime on the thirtieth of Sha’baan, then it is the day of Sha’baan, and not of Ramadaan, so the fast of today (i.e. that day) will not be Fard. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.131]

Law 26: If the moon was sighted at one place, then that sighting is not only valid specifically for there, but it is for the entire world, but it will only be authorised for some other place, when the moon is confirmed for that day and date according to them, by way of proper confirmation of the Shariah. In other words, they should receive the testimony of actual eyewitness sighting, or Shahaadat of the command of the Qadi, or numerous Jama’ats (groups) should personally come from there and give Khabar that the moon was sighted at such and such place and the people there have kept fast or celebrated Eid.1 [Durr-e-Mukhtar, vol.2, pg.132]

1: In other words, the Shahaadat from the East is even acceptable in the west and vice versa, on condition that it reaches from one place to the other based on proper testimony as stipulated by the Shariah, and not by impermissible means.

Law 27: Ruyat e Hilaal (Confirmation of Moon sighting) cannot be proved through telegram and telephone, and neither is it accepted by way of rumours; it is printed in calendars and newspapers are also not regarded as any (valid) proof and confirmation (of sighting).

In this day and age, it is commonly seen that on the twenty-ninth of Ramadaan, many telegraphs are sent from one place to another, asking if the moon was sighted or not. If the telegraph comes from anywhere (saying that the moon was sighted) then that’s it, Eid has come. This is simply impermissible and Haraam. What is a telegram? Firstly, it cannot be confirmed whether it is definitely from the person whose name is written on it, and let us assume that it is from him, then what proof do you have of this, and even if this too is proper, then telegrams generally have too many mistakes. Yes, instead of No, and No instead of Yes, is a common mistakes. Let’s accept (hypothetically) that the message came through completely correct, it must be noted that this is merely a kind of news (or information), and it is not Shahaadat (Testimony), and that (it has reached) you through scores of different channels. If the one sending the telegram is not literate in English, then he will have to get the telegram written by someone else. How can we know what he asked him to write and what he really wrote! It was given to a person who in turn gave it to the telegraph operator. It now reached the telegram office here, so it was given to the delivery person. What if he gave it to someone else, then in this case we cannot count how many people it has gone through before he received it, and even if he gave it to the rightful person, then too how many channels has it come through? Now take note of this, the testimony of a Muslim Mastur, regarding whom it is not known whether he is Aadil or Faasiq, is not acceptable, so all the channels (hands) through which the telegram reached you, would all of them have been Muslims?

This is a rational probability, the reality of which remains unknown. Additionally, if the one who is receiving the telegraph does not know English, he too will get someone else to read it. If an unbeliever has read it (to him), then what credibility is there in this? Also, if a Muslim read it, how convinced are we that he read it correctly? If we add up the concerns, there are many such reasons which cause one to lose conviction in the telegram. The Fuqaha (Jurists) have not given any credibility to a letter, even if one recognises the writing and the signature of the writer, and even if it has his seal (stamp) on it, on the is seal a and letter, a to alike is the letter ‘A of basis alike to a seal.’ Therefore, what about a telegram? And Allah Knows Best).

 

Law 28: To sight the moon and to then point towards it with the finger is Makruh, even if you do this to show it to another person. [Alamgiri, vol.1, pg.197; Durr-e-Mukhtar, vol.2, pg.132]

 

 

 

 

Note: The issue of the telegraph was in the time of Sadrush Shariah (Alaihir Rahma) and systems and times have changed with technology, but the basis is still the same. Hence, telephonic, video and other messages or calls are not valid to confirm Shahaadat. We should thus abstain from following our desires, but we should strictly adhere to the Shariah as there is nothing more convenient and easier than the Shariah. If you see the moon, make Eid, if you do not, complete 30 days. Is this not the simplest and best method? Today, there is the issue of all having Eid on the same day. This is not necessary for Shariah. There is no law in Shariah about a unified Eid. It is about celebrating Eid based on proper testimony of sighting, even though in one country Eid happens on different days in different cities due to not having received proper Shahaadat. The criteria are proper sighting and proper testimony. [Razvi Noori]

 

ACTS WHICH DO NOT BREAK THE FAST AHADITH E MUBAARAKA

 

Hadith 1: It is in Sahih Bukhari and Sahih Muslim from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘The fasting person who forgetfully ate or drank, should complete his fast, for Allah has fed him and given him to drink.’

Hadith 2: Abu Dawud, Tirmizi, Ibn Majah and Daarimi have reported from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘One who was overwhelmed by vomiting, there is no Qaza for him, and for the one who vomited intentionally, the fast is Qaza on him.’

Hadith 3: Tirmizi reports from Anas ؓ that a person presented himself before Rasoolullah ﷺ and said, ‘I have an illness (infection) in my eye, so can I use Surmah (collyrium) in my eyes whilst I am fasting?’ He ﷺ said, ‘Yes.’

Hadith 4: Tirmizi reports from Abu Sa’eed Al Khudri ؓ that Rasoolullah ﷺ said, ‘Three things do not break the fast (of a fasting person), cupping, vomiting and nocturnal emission (i.e. wet dream).’

Note of Caution

This section discusses those things which do not break the fast. Now, remains the issue as to whether these actions cause the fast to become Makruh or not. This section does not deal with that discussion, and it does not deal with whether that action is permissible or impermissible (i.e. this section merely explains those things which break the fast).

 

LAWS OF JURISPRUDENCE

 

Law 1: Forgetfully eating or drinking something, or (forgetfully) being sexually intimate will not break the fast, be this a Fard fast or a Nafil fast, or if these things were there before the Niyyat, or after it; but even after being reminded about it, if one did remember that one was fasting, then the fast will now be nullified, on condition that these actions happened after being reminded, but in this case, Kaffarah (expiation) is not necessary. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.133]

Law 2: If one sees a fasting person involved in any of these actions, then it is Waajib upon you to remind them (that they are fasting). If one does not remind them, one is sinful. However, if the person fasting is very weak and you know that if you remind them, they will stop eating and the weakness will increase to an extent that it will become difficult for him to fast, and if he does eat (what he is eating), then he will comfortably complete the fast, and he will also be able to complete his other Ibadaat properly, then in such a condition, to remind him is not the best option. Some of the Masha’ikh have said that if one sees a young person (in this condition), then he should remind him, and if he sees an old person (in this situation), then there is no harm in not reminding him, but this ruling is based on the majority, meaning that most youngsters are usually strong, and old people are usually weaker, and the reality is that it is not really based on being young or old, but rather it is based on strength and weakness. Therefore, if a young person is as weak (as earlier mentioned) then not reminding him is not disapproved, and if an old person is strong, then to remind him is Waajib. [Raddul Muhtar, vol.2, pg.133]

Law 3: If a fly, smoke or dust enters the throat, it will not break the fast. This applies even if the dust is from flour, which flies when being ground by the mill, or when the flour is sieved. The same applies if it is the dust from grains, or sand which has been blown by the wind, or if dust entered the throat from the horse’s hoof, or from the horse stamping its hoof, even if he remembers that he is fasting. However, if he intentionally breathes in smoke, then the fast will be broken, on condition that he remembered that he was fasting, no matter if it was the smoke from anything, to the extent that if the incense of fragrance etc. was burning and he placed his face near it and inhaled the smoke from it through his nostrils, the fast will be invalidated. Similarly, smoking Huqqa (Moghul pipe) will also break the fast, if he remembered that he was fasting. If one who smokes the Huqqa smokes it, he will also be liable for Kaffarah (expiation). [Durr-e- Mukhtar, Raddul Muhtar, vol.2, pg.133/134]

Law 4: When cupping (extracting blood) using a full cupping horn1, or if one applied oil or surmah, the fast will not be broken, even though one may feel the taste of the oil or the Surmah in the throat. Even if the colour of the Surmah is evident in the saliva, it will still not break the fast. [Jauhira Nayyira, Shaami, vol.2, pg.133]

 

 

 

1: In using the cupping horn system, the area where the one performing the cupping intends to cup, a sharp object such as a blade etc is used to make a slit, and then the wide portion of the horn is placed over the slit and the thin portion of the horn is placed against the mouth, and the blood is drawn by pulling (sucking) through the horn. That area is then sealed with dough etc. When this is removed, the bad blood is sucked out.

Law 5: If one kissed (someone) and there was no seminal discharge (Inzaal), the fast is not broken. Similarly, if a person looked at a female or even towards her private part, but did not touch it, and he had seminal discharge, or if the semen was discharged due to time and overlooking (at the private part), or by thinking of intimacy etc., or if this happened by concentrating on this thought for a long time, then in all these situations, the fast will still not break. [Jauhira, Durr-e- Mukhtar, vol.2, pg.134]

Law 6: If one had Ghusl (took a bath) and he felt the coldness of the water inside (the body), or if he rinsed his mouth and he spat out all of the water, but some moistness is left in the mouth, and he swallowed this with the saliva, or if he mixed some medicine and the taste could be felt in the throat, or if he chewed or sucked up some ‘Har’ (i.e. a medicine which is a myrobalan type of nut), or if he swallowed some saliva, and some part of the Har entered the throat with the saliva, or if water entered the ear; or if he scratched the ear with a dried stem (etc.) and some wax from the ear came on to it, and if he then inserted the same wax coated stem (a piece of a stick) into his ear, and even if he does this a few times; or if a small particle remained in the mouth unknowingly and it is swallowed with the saliva, or if blood oozed from the teeth and entered the throat, but it did not go beyond the throat, then in all the above-mentioned situations, the fast will not be nullified. [Durr-e-Mukhtar, vol.2, pg.134, Fathul Qadeer]

Law 7: If someone stabbed a fasting person with a spear or an arrow in his stomach, then even if its cutting edge or arrowhead has gone into the stomach, the fast will not be broken. However, if he inflicted this on himself and the cutting edge, or the arrowhead or stones remain inside, the fast is broken. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.135]

Law 8: If whilst talking the lips became moist with saliva and one swallowed it, or if drool came out of the mouth and its flow did not as yet break and he sucked it (back) in and swallowed it, or if the nose filled up with mucus, and it even came out of the nose but did not stop, and he pulled it up, and then swallowed it, or if phlegm came into the mouth and he swallowed it, then no matter how much it was, the fast will not break, but one should avoid doing these things. [Alamgiri, vol.1, pg.203; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.138]

Law 9: If a fly entered the throat, the fast will not break, and if one intentionally swallowed it, the fast will break. [Alamgiri, vol.1, pg.203]

Law 10: If one was being sexually intimate forgetfully, and on remembering he immediately separated, or if he was engrossed in sexual intimacy before Subho Saadiq (true dawn), and on the appearance of Subho Saadiq he immediately separated, then the fast will not be broken, even if in both cases there was seminal discharge after separating. This is even if in both cases he separated after remembering, and after True Dawn appeared, wherein the reason for separating was not the intimacy. If on remembering, or on the appearance of true dawn he did not stop (i.e. separate) immediately, even if he just paused, and did not continue any movement, the fast will be broken. [Durr-e-Mukhtar, vol.2, pg.135]

Law 11: If he was forgetfully eating and he remembered and immediately threw down the morsel, or if he was eating prior to Subho Saadiq and the moment True dawn appeared, he spat it out, the fast will not be broken, and if he swallowed it, then in both cases the fast will be broken. [Alamgiri, vol.2, pg.204]

Law 12: If one had intercourse (penetration) in any part except the two private parts (i.e. the front and the rear), then unless there is no seminal discharge, the fast will not break. Similarly, even if one discharges semen by way of masturbation, even though this act is strictly Haraam because in the Hadith the one who does this is considered cursed. [Durr-e-Mukhtar, vol.2, pg.136]

Law 13: (Allah Forbid) if a person had intercourse with an animal or a deceased, and there was no seminal discharge, the fast will not be broken, and if there was seminal discharge, it will be broken. (Allah Forbid) If one touched or kissed an animal, or touched the vagina of the animal, then the fast will not break, even though there may be seminal discharge. [Durr-e-Mukhtar, vol.2, pg.137]

Law 14: If one had Ihtilaam (nocturnal emission) or if one made gheebat (back-biting), the fast will not break, even though gheebat is a serious major sin. The Holy Qur’an has mentioned that gheebat is like eating the flesh of your dead brother. The Hadith has mentioned that gheebat is more serious than committing adultery. (Even though the fast will not break), but the radiance and the glow of the vast will be lost. [Durr-e-Mukhtar, vol.2, pg.138]

 

 

 

Note: Intercourse through the rear private part is totally forbidden and a sinful act. As mentioned earlier, certain rules are mentioned in this book based on cases and case history, and the solution in such cases. This however does not make such acts permissible. For example, if a law book, it says that if a person murders someone in such and such manner, then the punishment is such and such. This is being mentioned to command the ruling and judgement in such a situation. This does not mean that murdering someone is permissible.

Law 15: If one spent the morning in the state of Janaabat (an impure state where Ghusl is Fard), and even if one remains a Junub (one who is in an impure state) for the entire day, the fast will not break, but to remain without making Ghusl for such a long time, that Namaaz becomes Qaza, is sinful and Haraam. It has been mentioned in the Hadith that, the Angels of Mercy do not enter the house in which there is an impure (Junub) person. [Durr-e-Mukhtar, vol.2, pg.138, etc.]

Law 16: If one had intercourse with a Jin or a Pari (fairy), then until such time that there is no seminal discharge, the fast will not break. [Raddul Muhtar, vol.2, pg.147] This applies when they are not in human form. However, if they are in human form, then the ruling is the same as having intercourse with a human.

Law 17: If one chewed a sesame seed or something equivalent to it (in size), and it entered the throat with saliva, then the fast will not be broken, but if the taste is felt in the throat, then the fast will break. [Fathul Qadeer]

 

ACTIONS WHICH BREAK THE FAST AHADITH E MUBAARAKA

Hadith 1: Bukhari, Ahmed, Abu Dawud, Tirmizi, Ibn Majah and Daarimi have reported from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘That person who leaves the fast of one day in Ramadaan without a valid reason, and without any illness, then his fasts of an entire era cannot be used as a Qaza for it, even if he keeps it.’

In other words, the excellence which is afforded to one for keeping fast in the month of Ramadaan, he will never be able to get at any other time. When there is such a severe warning concerning not fasting, can you imagine how much more serious it is if one fast and then breaks the fast (without a valid reason).

Hadith 2: Ibn Khuzaimah and Ibn Hib’ban in Sahih reported from Abu Umama Baahili ؓ wherein the narrator states, ‘We heard from Rasoolullah ﷺ that, He ﷺ said, ‘I was asleep and two people appeared to Me, and they held My arms and took Me towards a mountain and they said to Me, Climb! (i.e. Ascend).’ I said, ‘I do not have the ability to do this.’ They said, ‘we will ease it.’ I ascended it, and when I came to the middle of the mountain, I heard very loud intense sounds. I asked, ‘From where are these noises coming?’ He said, ‘these are the sounds of the Jahannamis (inmates of hell).’ They then took me further, I saw a nation that was hanged upside down, and their jaws were being torn apart, from which blood was flowing. I asked, ‘Who are these people?’ They said, ‘These are those who made their Iftaar before the prescribed time.’

Hadith 3: Abu Ya’la with the merit of Hasan reports from Ibn Ab’bas that, there are three loops and principals of Deen, on which the foundation of Islam is established strongly. The one who omits even one of them is an unbeliever. His blood is Halaal. (The three things are) to bear testimony to the Shahaadat of Kalima Tauheed, the Fard Namaaz, and the Fasts of Ramadaan.

It is mentioned in one narration that the one who leaves out any one of them, is committing kufr with Allah. Neither are any of his Fard nor are any of his Nafils accepted.

 

LAWS OF JURISPRUDENCE

 

Law 1: The fast is nullified (i.e. broken) by eating, drinking or being sexually intimate when the person remembers that he is fasting. [General Books, Durr-e-Mukhtar, vol.2, pg.147/148]

Law 2: Smoking Huqqa, cigars, cigarettes and cheroot (i.e. cigar with both ends opened) etc. breaks the fast, even though in his mind (perception) one feels he is not allowing the smoke to reach the throat. Eating Paan (betel leaf), or only chewing tobacco will also break the fast, even if you have spat out the betel-leaf spittle because its fine particles definitely reach the throat.

Law 3: If one kept sugar or anything similar to it in the mouth, which dissolves when kept in the mouth, and if he swallowed the saliva, the fast is broken. Similarly, if there was some particle stuck between the teeth, which is equal to the size of a gram (chana) or bigger, and he ate it, or if it was less, but he took it out of the mouth and then ate it, or if blood came out from the teeth, and flowed into the throat, and the blood was equal to, or more than the saliva, and its taste could be felt

in the throat, then in all these situations the fast will break, and if it was less (than this) and the taste was not even felt (in the throat), then it will not be broken.1 [Durr-e-Mukhtar, vol.2, pg.134/135]

Law 4: If whilst fasting one had his tooth extracted, and blood came out and flowed in below the throat, then even if this happened whilst sleeping, the Qaza for that fast is Waajib. [Raddul Muhtar]
Law 5: If one placed something in the rear private part (i.e. in the anus) and if the opposite end of that thing is outside the anus, the fast will not break, otherwise it will break. If it is something that is wet (moist) and its wetness reaches the inside, then it (the fast) will absolutely be regarded as broken. This same rule applies to the private part of a female. In this section (discussion) the female private part refers to the inner vagina. Similarly, if a person tied a piece of meat on a string and he swallowed the meat, but the other end of the string remained outside, and he quickly then pulled it out, not allowing it to break up (i.e. be digested), then, in this case, the fast will not break, but if the other end of the string also went in, or some portion of the meat remained inside, the fast will be broken. [Durr-e-Mukhtar, vol.2, pg.135; Alamgiri, vol.1, pg.204]

Law 6: If a female place a piece of cotton wool (etc.) in her private part, and no part of it is outside at all, the fast will be broken. If a dry finger is placed inside the anus, or if a female places a dry finger into her private part, it will not break the fast.

 

1: It is mentioned in Fathul Qadeer that if it is such a particle that can go down the throat without the help of saliva, then even that will break the fast. However, if it is so little that it can (only) go down with saliva, otherwise it cannot go down, then this will not break the fast.

If the finger was wet (moist) or if something was applied on the finger, then this will break the fast, on condition, that it was placed in that part of the anus, where the end of the cluster is placed when performing an enema. [Alamgiri, vol.1, pg.204; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.135]

Law 7: If one performed Istinja (washing after passing stool), by using more water than required, and the water reached the area where a clyster is usually placed, then in this case the fast will be broken, and one should not use excessive water, as there is a risk of illness in doing this. [Durr-e-Mukhtar, vol.2, pg.135]

Law 8: If a male inserts water or oil into the opening from which he passes urine (i.e. inside the urethra), then in this case the fast will not break, even if it reaches the bladder. If a female drops this (water or oil) into the private part, it will break fast. [Alamgiri, vol.1, pg.104]

Law 9: If one has a wound that reaches the membrane of the brain, or the stomach, and medicine was placed in it, then (in this case) if it reaches the brain or the stomach, the fast will break. This will apply even if the medicine is liquid or dry. If it is not known whether the medicine reaches the brain or the stomach, but the medicine is passing through, then it will still be broken, but (in this case) if the medicine was dry (powder etc.) then the fast will not break. [Alamgiri, vol.1, pg.204]

Law 10: If one had an enema administered, or if one sucked in medicine through the nostrils, or if one put oil into the ear, or if it went into the ear, it will break the fast. However, if water enters the ear, or is put into the ear, it will not break the fast. [Alamgiri, vol.1, pg.204]

Law 11: If one was rinsing the mouth and without intent, water went down the throat, or if one was sucking water into the nostrils and it reached the brain, the fast will break, unless he has forgotten that he is fasting; then, in this case, it will not nullify the fast, even if he did so intentionally. Similarly, if someone threw something towards a fasting person and it went into his throat, the fast will be broken. [Alamgiri, pg.202]

Law 12: If whilst asleep, a person drank some water or ate something, or if he opened his mouth and a drop of water or hail entered his throat, the fast will be broken. [Jauhira, Alamgiri, vol.1, pg.202]

Law 13: If one swallowed someone else’s saliva, or if he took his own saliva on his hand and then swallowed it, the fast is broken. [Alamgiri, vol.1, pg.203]

Law 14: If one put a dyed thread in his mouth, due to which the saliva became tinted with its colour, and he then swallowed that saliva, the fast will be broken. [Alamgiri, vol.1, pg.203]

Law 15: If one was twisting some thread, and he moved it around in his mouth to wet it, and then he repeated the same thing twice or thrice, it will not break the fast, unless some moisture from the thread separated from it and remained in the mouth, and he swallowed the saliva, then, in this case, the fast will break. [Jauhira]

Law 16: If tears entered the mouth and one swallowed it, and it was only one or two drops, then the fast will not break; and if it was more than this, and the salty taste of it can be felt in the entire mouth, then the fast will break. The same rule applies to perspiration. [Alamgiri, vol.1, pg.204]

 

Law 17: If the anus comes out (hangs out), then the ruling is that it should be properly wiped (cleaned) with a cloth, and then only should one get up, so that there is no moistness left on it at all. If some water was still on it and one stood up, causing the water to go inside, the fast has been broken. It is for this reason that the Fuqaha (The Jurists) have stated that the fasting person should not take (deep) breaths when performing Istinja (as is the normal procedure when making Istinja). [Alamgiri, vol.1, pg.204]

Law 18: If one kissed a female or touched her, or was intimate with her, or hugged her and there was seminal discharge, then the fast has been broken, and if a female touches a male and he has a seminal discharge, then the fast will not break. If he touched a female over her clothes, and the fabric is so thick that one cannot feel the body warmth, the fast has not been nullified, even if there was seminal discharge. [Alamgiri, vol.1, pg.304]

Law 19: If one intentionally vomits a mouthful and he remembers that he is fasting, then the fast is definitely broken. If he vomited less than a mouthful, the fast will not break. If he vomited involuntarily, then whether it is a full mouth of not, and in any case, if it went back into the throat, or if he pulled it back into the throat, or if it did not go back, or even if he did not pull it back in, and if it is not a mouthful, the fast will not break, even if it went back into the throat or if he pulled it back himself; and if it was a mouthful and even if only the equivalent of a gram (chana) went down the throat, the fast will be nullified, otherwise not. [Durr-e-Mukhtar, vol.2, pg.151/152]

Law 20: This ruling regarding vomiting is only applicable if food, bile or blood is present in the vomit. If phlegm comes up in the vomiting, the fast is definitely not broken. [Alamgiri, vol.1, pg.204]

Law 21: The rule concerning a person who without a valid reason eats openly (i.e. publicly), is that he should be executed. [Raddul Muhtar, vol.2, pg.151]

 

CIRCUMSTANCES WHEN ONLY THE QAZA IS NECESSARY

 

Law 1: If one was under the impression that it is not Subho Saadiq (True Dawn) as yet, and he ate, drank or was intimate, and later he realised that true dawn had already appeared; or if he was forced to eat or drink something and Ikraah-e-Shar’i2 is established (in this situation), and even if he ate this with his own hand, then in this case, only that Qaza is necessary, in other words, he will only have to keep one fast to cover that fast. [Durr-e-Mukhtar, vol.2, pg.139, etc.]

Law 2: If one forgetfully ate, drank, or was sexually intimate, or if he had seminal discharge due to looking, or if he had Ihtilaam (nocturnal emission), or if he vomited; then in all these cases if he was under the impression that the fast had been nullified, and he thus ate intentionally, then to keep Qaza of just the one fast is Fard. [Durr-e- Mukhtar, vol.2, pg.139]

1: This is the ruling in a Muslim Empire under the leadership of a Muslim Ruler.

2: Ikraah-e-Shar’i is when someone threatens the fasting person, telling him that if he does not break the fast, then he will kill him, or he will break his hands and legs, or he will cut off the person's nose or ears or some other body part etc., or that he will beat him up severely, and the fasting person feels that whatever this person is saying, he will surely do it.

Law 3:

If one put oil into the ear

If one had a wound that reaches the membrane of the brain or the stomach and medicine was put into it, causing it to reach the stomach or the brain,

If one had an enema administered

If one sucked medicine into the nostrils

If one ate stones, pebbles, paper or grass etc. it causes people to feel disgusted

If in Ramadaan one remained as if fasting without Niyyat

If one did not make the intention at True Dawn, but only made it before Zawaal, and after making the Niyyat, he ate something

If one had the Niyyat of Fasting, but he did not make the Niyyat for the fast of Ramadaan

If a drop of rain or hail entered the throat

If one swallowed a large number of tears or perspiration

If one was intimate with a very small girl who is not capable of intimacy1

If one had intercourse with a dead person, or with an animal,

If one was intimate in the thigh or stomach,

If one kisses someone

If one sucked on the lips of a female

If one touched the body of a female, even if there is clothing in-between, the warmth of the body can be felt, and in all these situations (of intimacy) there was also seminal discharge

If one masturbated thereby having seminal discharge

 

 

 

 

1. It must be noted that for a male to have any sexual intimacy with a male and for a female to have any such intimacy with a female is a cursed, forbidden and sinful act. The same applies to such intimacy with animals, minor children and the deceased. One who does this invites the Wrath of Allah and will be severely punished for this huge sin in the hereafter. These situations are only being explained here to clarify the Shariah rulings in this regard. This point should be kept in mind when reading any other law in this relationship throughout the Bahaar e Shariat or in any other authentic book of Islamic law. Giving examples of such cases in no way implies or makes such sinful acts permissible, but these are explained to clarify the law if (Allah forbid) such situations arise.

If one had seminal discharge by way of ‘Mubashirat-e- Faahisha’ 1
If with the exception of the Ada (current fasts) of Ramadaan, he caused any other fast to become nullified, even though it may have been the Qaza fast of Ramadaan

If a female was sleeping and whilst she was asleep, intimacy took place with her

If she was in a conscious state in the morning and made the Niyyat to fast, and then became insane, and intimacy was performed with her in that condition

If one is under the impression that it is still night, and he ate Sehri

If there was a doubt as to whether it was still nighttime, but one ate Sehri, whereas it was already morning

If one made Iftaar and was under the impression that the sun has already set, whereas it had not as yet set

If two people gave Shahaadat that the sun has set and two gave Shahaadat that it is daytime, and you made Iftaar, and later you realised that the sun had not set.

 

1. Mubashirat-e-Faahisha: refers to a male touching his erect penis against the private parts of a female or the private parts of another male; or if a female rubs her private part against the private part of another female and there is nothing (clothes etc.) between them.

In all the above cases only the Qaza will be necessary and not the Kaffarah. [Durr-e-Mukhtar, vol.2, pg.140-145]

Law 4: If a Musafir (traveller) took up residence; or if a female attained purification from Haidh or Nifaas; or if an insane person regained his/her senses; if one was ill and became well, the one whose fast was nullified, even if someone made him forcefully break his fast, or if water etc. is going into the throat by mistake;
if a person was a kaafir and he became a Muslim; if one was Na-Baaligh and became Baaligh; if one thought it was nighttime and ate Sehri, whereas it was already morning; if one thought the sun had set and made Iftaar, whereas the daytime still remained; then in all the above circumstances, it is Waajib to complete the remainder of the day as a fasting person would. (In the above circumstances) there is no Qaza upon the Na-Baaligh who became Baaligh and upon the kaafir who became a Muslim. All these others must keep the Qaza fast. [Durr-e- Mukhtar, vol.2, pg. 135-142]

Law 5: If a Na-Baaligh became Baaligh in the day, or if a kaafir became Muslim in the day and it was a time wherein the Niyyat of Fasting can be made, and they did make the Niyyat, but then broke the fast; then the Qaza for that day is not Waajib upon them. [Raddul Muhtar, vol.2, pg.147]

Law 6: If a child reaches the age of ten years, and he has the strength to fast, then he should be made too fast, and if he does not fast, he should be reprimanded and made too fast. If it is seen that he has the full strength to keep fast, but he kept the fast and then broke it, the command of Qaza will not be given to him, but if he breaks his Namaaz, he should be made to repeat it. [Raddul Muhtar, vol.2, pg.147]

Law 7: If a menstruating female or one in post-natal bleeding becomes paak (pure) after Subho Saadiq, and if she made the Niyyat of fasting before Zahwa e Kubra, then the fast for that day is not valid, be it Fard or Nafil. If a Mareedh (ill person) or Musafir (traveller) made Niyyat, or if a Majnun (insane person) regained his senses and then made Niyyat, then the fast kept by all of them is valid. [Durr-e- Mukhtar, vol.2, pg.146/147]
Law 8: If one was engrossed in sexual intimacy before Subho Saadiq, or if he was forgetfully engrossed in it, and the moment true dawn appeared, he remembered, and on remembering, if he immediately pulled away, then there is nothing, and if he remained in this condition, then Qaza is Waajib, but there is no Kaffarah. [Durr-e- Mukhtar, Raddul Muhtar, vol.2, pg.147]

Law 9: If the fast of a deceased person had become Qaza (i.e. he passed away and was liable for Qaza fasts), then his guardian should pay the Fidya (compensation/payment) on his behalf. In other words, this applies if the deceased had made a Wasiyat (Bequest) for the same, and he left behind sufficient funds; otherwise, it is not necessary for the guardian to fulfil it, but if he does so, it is better (more virtuous). [Alamgiri, vol.1, pg.207]

 

CIRCUMSTANCES WHEN KAFFARAH (EXPIATION) IS ALSO NECESSARY

 

Law 1: If in Ramadaan a Mukal’laf (responsible and accountable person) Muqeem (resident, i.e. non-traveller), kept fast with the Niyyat (intention) of ‘Ada’ (keeping the current fast) of Ramadaan, and he had intercourse with a person who is capable of sexual arousal (lustful feelings), in their front or rear private part, be this whether there was seminal discharge or not, or if someone had intercourse with a fasting person; or if one ate something (food etc.) or some medicine, or if one drank water, or if one ate or drank something to get pleasure, or if one did such an act by which the (time) of Iftaar cannot be determined, and he determined that his fast is broken, and then he intentionally ate and drank, for example if he had phlebotomy or cupping done, or if he applied Surmah (collyrium), or was intimate with an animal, or if he touched a female, or kissed her, or slept beside her, or performed Mubashirat-e-Faahisha, but there was no seminal discharge in any of these situations, or if he placed a dry finger in the rear private part; and after doing any of these (the above mentioned), if he intentionally ate something, then in all the above cases, the Qaza and the Kaffarah (expiation) are both essential (i.e. necessary). Additionally, in the case where there was no chance of assuming it to be the time of Iftaar and he assumed that it was, and some Mufti gave the Fatwa (edict) that the fast had become invalid, and the Mufti is one in whom the people of the city have full confidence, and the person intentionally ate after the Mufti issued this Fatwa; or if he heard such a Hadith from which he could not really derive the proper understanding, and through this incorrect understanding he felt that the fast was nullified, and he intentionally ate, then, in this case, the Kaffarah is not necessary, even if the Mufti gave the incorrect Fatwa,

or if the Hadith which he heard could not be verified. [Durr-e- Mukhtar, vol.2, pg.147-149]

Law 2: In the circumstances where Kaffarah becomes necessary after breaking the fast, the condition is that one must have made the Niyyat for the fast of Ramadaan from the night (i.e. before Subho Saadiq), and if he made the Niyyat during the daytime (after Subho Saadiq), and then broke it, the Kaffarah is not necessary. [Shaami, vol.2, pg.147]

Law 3: If the Musafir reached home (i.e. his permanent residence) after Subho Saadiq, but before Zahwa e Kubra, and he made the Niyyat for fasting, and then broke it; or if a Majnun (insane person) regained his senses at that time and hence made the Niyyat of fasting, and then broke it, there is no Kaffarah. [Alamgiri, vol.1, pg.206]

Law 4: For the Kaffarah to become necessary (essential) it is also necessary that after breaking the fast, no such thing took place, which is contrary to fasting; or something which is not within your control (without choice), through which one has the Rukhsat (permission) to make Iftaar; for example, if a female got her menstrual cycle, or began post-natal bleeding on the same day; or after breaking the fast on that day, one was afflicted by such an illness, in which one is exempt from fasting, then (in this case) the Kaffarah falls away; but it will not fall away due to travelling, because this is something which is within your control. Similarly, if you wounded yourself and the situation becomes such that you are not able to fast, then in this case also the Kaffarah will not fall away. [Alamgiri, vol.1, pg.206]

Law 5: If one committed such an act which causes Kaffarah to become Waajib, but the King/Ruler then compelled him to go on a journey, then in this case the Kaffarah will not fall away.

Law 6: If a male was forced to be sexually intimate, or if a female was forced to be sexually intimate by a male, and then during the intimacy, he or she became comfortable to partake wilfully, then in this case the Kaffarah is not necessary, because the fast has already broken initially. [Jauhira] Being compelled (or helpless) here, refers to Ikraah-e-Shar’i in which the person is facing the real threat of either being killed, or his limbs being cut off, or being severely beaten, and in this situation, the fasting person realises that if he or she does not listen to the person, then he will do as he has threatened.

Law 7: For Kaffarah to become necessary, it is not necessary that he or she eats a full stomach of food. Even eating a little will make it (Kaffarah) Waajib. [Jauhira]

Law 8: If one applied oil or took part in backbiting, and he then felt that his fast has been broken (due to this); or some Aalim gave a Fatwa that the fast is broken, and the person ate and drank, then in this case, the Kaffarah is still necessary. [Durr-e-Mukhtar, vol.2, pg.149/150]

Law 9: If one vomited, or he forgetfully ate or was sexually intimate, and in all these situations he knew that the fast has not been nullified, but he still ate thereafter, then Kaffarah is not necessary. If he had Ihtilaam, and he knows that this did not break the fast, but he still ate thereafter, the Kaffarah is necessary. [Raddul Muhtar, vol.2, pg.148]

Law 10: If he spat out saliva and then sucked it up; or if he swallowed the saliva of someone else, then, in this case, there is no Kaffarah, but if he swallowed the saliva to attain the pleasure of his beloved, or if he swallowed the saliva as tabarruk of a pious person, then the Kaffarah is necessary. [Raddul Muhtar, vol.2, pg.148]

Law 11: In the cases where there is no Kaffarah for breaking the fasts, the condition here is that it must have happened only once, and he had not intended to commit this error (sinful act), otherwise one has to give Kaffarah for it. [Durr-e-Mukhtar, vol.2, pg.145]

Law 12: If one ate raw meat, even though it may be that of the carrion, Kaffarah is necessary, unless it has become rotten and contaminated with worms, then in this case there is no Kaffarah. [Raddul Muhtar, vol.2, pg.141]
Law 13: Eating sand will not make Kaffarah necessary, but if one eats Gil-e-Armani (Armenian bole), or that sand which he or she has a habit of eating, then Kaffarah will be Waajib. If one ate a little salt, Kaffarah is Waajib and if one ate a lot, it is not Waajib. [Jauhira, Alamgiri, vol.2, pg.205]

Law 14: If one dipped bread (roti) in impure (Najis) gravy and then ate it; or if he usurped something belonging to someone else, and ate it, then the Kaffarah is Waajib; and if there was blood in one's saliva, even if the blood is more (than the saliva), and he swallowed it, or if he drank the blood, there is no Kaffarah. [Jauhira]

Law 15: If one ate raw quince or pistachio; or roasted walnuts or dried ones; or if he swallowed roasted almonds, or an egg with its shell, or a pomegranate with its peel, then there is no Kaffarah, and if he ate dry (raw) pistachio or raw almonds by chewing it, and it also has the pith in it, then there is Kaffarah for this, and if he swallowed it roasted, then there is no Kaffarah, even though it may be split. If one swallows wet roasted almonds, there is Kaffarah for this. [Alamgiri, vol.1, pg.202]

Law 16: If one ate the herbs of a gram (chana), the Kaffarah is Waajib. The same rule applies to the leaves of trees, if they are commonly eaten, otherwise not. [Alamgiri, vol.1, pg.205]

Law 17: If one ate the peel of a musk melon or sweet melon, then if it is dried up, and in such a state that people dislike eating it, then there is no Kaffarah; otherwise there is. If one ate some rice (Chaawal), millet (Baajra), black lentils (Masoor) and green lentils (Moong), there is no Kaffarah. The same ruling applies to raw barley. If it is roasted (cooked), then the Kaffarah is necessary. [Alamgiri, vol.1, pg.203-205]

Law 18: If one took a sesame seed or some other thing to eat, which is equivalent to a sesame seed, and from outside, put it into the mouth and swallowed it without chewing, the fast has been nullified and Kaffarah is Waajib. [Durr-e-Mukhtar, vol.2, pg.153]

Law 19: If someone else chewed a morsel (of food) and gave it to someone, and he ate it, or if he took it out of his own mouth and then ate it, there is no Kaffarah. [Alamgiri, vol.1, pg.203] This is on condition that he does not regard that which was chewed by the person to be pleasurable, or a Holy blessing (Tabarruk).

Law 20: If a morsel of Sehri was in one’s mouth and True dawn appeared, or if he was forgetfully eating and while the morsel was in his mouth, he remembered but swallowed it, then in both cases Kaffarah is Waajib. If he took it out of his mouth and then again ate it, then only Qaza is Waajib and not Kaffarah. [Alamgiri, vol.2, pg.203]

Law 21: If a female had intercourse performed with a Na-Baaligh or with a Majnun, or if she compelled the man to be intimate (with her),

then Kaffarah is Waajib on the female and not on the male. [Alamgiri, vol.1, pg. 204/205]

Law 22: If one ate musk, saffron, camphor and vinegar, or if he drank the water (juice from) musk-melon, sweet-melon, cucumber or Baaqila (kind of bean), the Kaffarah is Waajib. [Alamgiri, vol.1, pg.205]
Law 23: If a fasting person is brought forth to be executed in the month of Ramadaan, and he asked for water and someone gave him water, and he was then released (i.e. the execution has stayed), then the Kaffarah is Waajib on him. [Alamgiri, vol.1, pg.206]

Law 24: If one is usually afflicted by intermittent fever on a particular day, and today was that day, and he assumed that the fever will come, so he broke the fast with intent, then in this case the Kaffarah falls away (i.e. there is no Kaffarah). Similarly, if a female is used to getting her menstrual cycle on a particular day, and today was the day her cycle comes, she intentionally broke her fast, but the menstrual cycle did not come, and the Kaffarah falls away. If one had a full conviction that today he will have to fight the enemy and he broke the fast, but the battle did not take place, the Kaffarah is not Waajib. [Durr-e-Mukhtar, vol.2, pg.151]

Law 25: The Kaffarah for breaking a fast (intentionally) is that if possible one should free one ‘Raqaba,’ in other words, to free one male or female slave. For example, if he does not have a handmaid or slave, or he does not have sufficient funds to buy one, or if he has the funds, but a ‘Raqaba’ is not available, just as it is the case nowadays here in India (and in other countries as slave trade is not existing), then one should keep sixty fast one after the other, and if one is unable to do this as well, then he (or she) should feed sixty needy persons a

stomach full meal for two meals. In the case of fasting, if in the midst (of keeping the sixty fasts), even one day is missed, one should start afresh from today again, and the fasts which were kept before this will not be counted, even if he had already kept fifty-nine fasts, and even if he missed out that one because of illness or some other reason, except in the case of a female, in the situation when she gets her menstrual cycle, then in this case, the days which she missed due to her menstruation will not be counted as missed. In other words, the fasts before the Haidh and the ones after the Haidh will be added up to make sixty and this will fulfil the Kaffarah. [Many books of Fiqh, Raddul Muhtar, vol.4, pg.447]

Law 26: If one broke two fasts, then he is liable for two Kaffarah, even though he has not as yet discharged the Kaffarah of the first one. [Raddul Muhtar] In other words, if both fasts are from two separate Ramadaans. If both fasts are from the same Ramadaan, and he has not discharged the Kaffarah of the first fast as yet, then one Kaffarah is sufficient for both. [Jauhira] More Juz’iyaat regarding Kaffarah will be discussed in the Chapter on Zihaar, In’sha Allah.

Law 27: Kaffarah will become Waajib on everyone, be it a freeman, a slave, a male, a female, King, or a beggar. Even if a slave-girl knew that True Dawn has broken, and she mentioned to her master that true dawn has not broken as yet, and he was intimate with her, Kaffarah is Waajib on the slave-girl, and her master will only be liable for Qaza. [Raddul Muhtar, vol.2, pg.150]

 

THE MAKRUH ACTIONS OF FASTING AHADITH E MUBAARAKA

 

Hadith 1 & 2: Bukhari, Abu Dawud, Tirmizi, Nasa’i and Ibn Majah have reported from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘Allah has no need for a person who speaks vile words and does not abstain from this (sinful) manner, to leave his eating and drinking.’

A similar narration is present in Tabrani from Sayyiduna Anas ؓ.

Hadith 3 & 4: Ibn Majah, Nasa’i, Ibn Khuzaimah, Haakim, Baihaqi and Daarimi have reported from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘There are many such fasting persons, who feel nothing except thirst from their fast, and there are many who stand (in Ibaadat) at night, who achieve nothing except for staying awake.’

A similar narration is present in Tabrani from Ibn Umar

Hadith 5 & 6: Baihaqi reports from Abu Ubaidah ؓ and Tabrani from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘Fasting is a shield, for as long as you do not tear it apart (i.e. destroy it).’ It was asked, ‘What causes it to be destroyed?’ He ﷺ said, ‘Lies and backbiting.’

Hadith 7: Ibn Khuzaimah, Ibn Hib’ban and Haakim have reported from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘Fasting does not (merely) refer to abstaining from eating and drinking. Fasting is to abstain from vulgar and offensive speech.’

Hadith 8: Abu Dawud reported from Abu Hurairah ؓ that a person asked Nabi ﷺ about a fasting person having sexual intimacy. Rasoolullah ﷺ gave him permission. Another person then came and asked the same question, so He ﷺ forbade him. The one whom he permitted was a very old person and the one whom he forbade was a young person.

Hadith 9: Abu Dawud and Tirmizi report from Aamir bin Rabee’a ؓ. He says, ‘On numerous occasions, I saw Nabi ﷺ perform Miswaak whilst fasting.’

 

LAWS OF JURISPRUDENCE

Law 1: To tell lies, backbite, be vulgar (swear), speak shamelessly, or cause harm to someone, are all actions that are impermissible and Haraam at any given time, and during fasting, they are Haraam at a greater level, and due to these actions, the fast becomes defective / disapproved (Makruh).

Law 2: It is Makruh for a fasting person to taste or chew anything without a valid reason. One is allowed to taste something if a woman’s husband or the master of a handmaid or slave is ill-tempered, and if the salt (in the food) is less or more, it will cause him to become infuriated, so to taste (the food) in such a situation is allowed.

In regards to chewing, the reason why one is allowed to chew something, is if the child is so small that he or she is not able to eat the roti (bread), and there is also no soft food available to feed him, and there is neither any other woman there, such as one who is not fasting due to Haidh or Nifaas, who can chew the bread and then feed it to

him, then, in this case, to chew the roti etc., in order to feed it to the child is not Makruh. [Durr-e-Mukhtar, vol.2, pg.153]

The meaning of ‘tasting’ is not that which is commonly used today; in other words to eat a little bit of something to find out its taste; in this, there is not only disapproval, but it will in fact break the fast, and if the conditions of Kaffarah exist, then even the Kaffarah will be necessary. In reality, ‘tasting’ means that it should be kept on the tongue and then tasted, and it should then be spat out. Nothing from it should be allowed to go down into the throat.

Law 3: If one purchased something and it is necessary to taste it because if not tasted it will lead to loss, then in this case there is no harm in tasting, otherwise it will be Makruh. [Durr-e-Mukhtar, vol.2, pg.153]

Law 4: To taste something without an ‘Uzr’ (a valid Shar’i justification), which has been mentioned to be Makruh, is only applicable in the Fard Fast. There is no harm in doing so in Nafil Fasts, but there is a need for it. [Raddul Muhtar, vol.2, pg.153]

Law 5: It is Makruh to kiss a female, hug her, or touch her body, if there is a risk of having seminal discharge, or if there is a risk that one will end up being sexually intimate; and to suck on the lips or tongue whilst fasting is absolutely Makruh (i.e. be there a risk of seminal discharge or not), and the same applies to Mubashirat-e-Faahisha. [Raddul Muhtar, vol.2, pg.153]

Law 6: To smell rose or musk etc. or to apply oil in the moustache or beard, or to apply Surmah (to the eyes) is not Makruh, unless Surmah is applied as a means of beautification (cosmetic), or if oil was applied

to lengthen the beard, whereas it is already one fist in length. These two things are Makruh even outside of Fasting, and thus even more so during fasting. [Durr-e-Mukhtar, vol.2, pg.155]

Law 7: To use a Miswaak whilst fasting, be this whether the Miswaak is wet or dry, even if it was moistened with water, and be this before Zawaal or after Zawaal, it is not Makruh at any time. [General Books, Alamgiri, vol.1, pg.199]

Law 8: To have phlebotomy done, or to have cupping done is not Makruh if there is no risk of feeling weakness; and if there is a risk of feeling weak, then it is Makruh. One should rather delay it until after sunset. [Alamgiri, vol.1, pg.199-200]

Law 9: It is Makruh for a fasting person to use excessiveness in rinsing the mouth and when putting water into the nostrils. Being excessive whilst rinsing the mouth means taking a mouthful of water, and to rinse the mouth, except in Wudu and Ghusl. To put water into the nose in order to bring coolness to the body, or to bring coolness (to the body) by taking a bath or wrapping a wet cloth on the body, are (all) not Makruh. However, if one wrapped a wet cloth over the body to display discomfort, then this is Makruh, as to display a lack of resolution in Ibaadat is not a good thing. [Alamgiri, vol.1, pg.199; Durr- e-Mukhtar, vol.2, pg.156]

Law 10: Passing air (flatulence) whilst in water does not break the fast, but it is Makruh. It is also Makruh for a fasting person to be excessive when performing Istinja. [Alamgiri, vol.1, pg.199]

Note: Mujaddid e Azam Aala Hazrat Imam Ahmed Raza Khan ؓ states that, if when chewing on a Miswaak, it bristles (strands) come loose, or the taste is felt, then one should not make such Miswaak when fasting.

At any other time, it is commanded that in Istinja one should exert pressure downwards, but during fasting, this is Makruh.

Law 11: To gather saliva in the mouth and then swallow it is disliked when one is not fasting, and whilst fasting, it is Makruh (disapproved). [Alamgiri, vol.1, pg.199]

Law 12: During Ramadaan, it is impermissible to do such things which cause one to become so weak, that one feels there is a predominant likelihood of breaking the Fast. A baker should thus bake bread until midday, and he should then take rest for the remainder of the day. [Durr-e-Mukhtar, vol.2, pg.157]

This command is (also) for builders, labourers and those who do physically challenging jobs. If there is a risk of becoming very weak, then one should lessen the work and fulfil the fasts.

Law 13: If a person keeps fast and will become so weak that he will not be able to perform his Namaaz whilst standing, then in this case the command is that he should keep the fast and perform his Namaaz whilst sitting. [Durr-e-Mukhtar, vol.2, pg.158]

This applies when he is unable to the extent which has been mentioned in the chapter of Namaaz of a Mareedh (Ill person).

Law 14: To eat Sehri and to delay this (to a later time) is Mustahab. However, it is Makruh to delay it up to the time when one has doubt with regard to the breaking of True Dawn (Subho Saadiq). [Alamgiri, vol.1, pg.200]

Law 15: It is Mustahab to be swift in Iftaar, but one should only make Iftaar when one is positively certain that the sun has set. One should not make Iftaar unless he is positively certain, even though the Muaz’zin may have called out the Azaan. The Iftaar should not be made too quickly (i.e. the fast should not be terminated) so quickly. [Raddul Muhtar, vol.2, pg.157]

Law 16: One may make Iftaar based on the word of one Aadil, on condition that he has conviction in his words being truthful; if this cannot be verified, then one should not just make Iftaar on his word. Similarly, in this case, one should not even make Iftaar on the word of a Mastur.

Nowadays, in many Muslim areas, there is a tradition of firing the cannon. One may make Iftaar based on this, even if the one firing the cannon is a Faasiq, on condition that it is fired on the command of an expert in timings, and who is regarded as a reliable person in Deeni issues.

Nowadays, even the Ulama, in general, is not accomplished in this science, and as for the calendars (timetables) which are published, then most of them are incorrect, so to act based on these is impermissible. In many places, at the time of Sehri, the drum is beaten.

This too is regarded as reliable with the aforementioned conditions, no matter what and how the one beating it may be. [Raddul Muhtar, vol.2, pg.145]

Law 17: At the time of Sehri, even the crowing of the cock is not regarded as reliable, because it is often seen that it starts to crow long before True dawn breaks, but during winter months, some cocks start to crow from as early as 2 am, whereas there is much time remaining before Subho Saadiq. Similarly, they start crowing by hearing people talking and due to their movement, and by seeing brightness. [Raddul Muhtar, vol.2, pg.145]

Law 18: To absolutely regard Subho Saadiq as the sixth or seventh portion of the night is incorrect. As for the exact time of Subho Saadiq, then to understand this in detail, study the chapter on ‘Times of Salaah’, which has been discussed in Bahaar e Shariat volume 3.

 

SEHRI AND IFTAAR AHADITH E MUBAARAKA

Hadith 1: Bukhari, Muslim, Tirmizi, Nasa’i and Ibn Majah report from Anas ؓ that Rasoolullah ﷺ said, ‘Eat Sehri, as there is Barakah (Blessing) in eating Sehri.’

Hadith 2: Muslim, Abu Dawud, Tirmizi, Nasa’i and Ibn Khuzaimah report from Amr ibn A’as ؓ that Rasoolullah ﷺ said, ‘The difference between our fasts and the fasts of the people of the book, is the morsel of Sehri.’

Hadith 3: Tabrani reported in Kabeer from Salmaan Farsi ؓ that Rasoolullah ﷺ said, ‘There is Barakah in three things, in Jama’at, in Thareed (an Arabian dish made from pieces of bread), and in Sehri.’

Hadith 4: It is in Tabrani Awsat and in the Sahih of Ibn Hib’ban from Ibn Umar that Rasoolullah ﷺ said, ‘Almighty Allah and His Angels send Durood (blessings) upon those who eat Sehri.’

Hadith 5: Ibn Majah, Ibn Khuzaimah and Baihaqi report from Ibn Abbas that Rasoolullah ﷺ said, ‘By eating Sehri, seek relief for the fasting of that day, and by performing Qaylula (brief midday rest), (seek relief) for standing in prayer at night.’
Hadith 6: Nasa’i reports from a Sahabi with the merit of Hasan. He says, ‘I presented myself in the Court of Rasoolullah ﷺ and He ﷺ was eating Sehri. He ﷺ said, ‘This is Barakah (a blessing) which Almighty Allah has given you, so do not leave it.’’

Hadith 7: It is reported in Tabrani Kabeer from Abdullah ibn Ab’bas that Nabi ﷺ said that In’sha Allah, there will be no accountability upon three people for eating, as long as they eat Halaal:

1. A fasting person

2. The one who eats Sehri

3. One who ties his horse on the border (of the enemy lines)

Hadith 8: to 10: Imam Ahmed reports from Abu Sa’eed Al Khudri
ؓ that Rasoolullah ﷺ said, ‘All of the Sehri is Barakah (Blessing), so do not leave it, even if it means drinking a single sip of water, because Allah and His Angels send Durood (blessings) upon those who eat Sehri.’

There are similar narrations from Abdullah ibn Umar, Saa’ib ibn Yazid and Abu Hurairah.
Hadith 11: Bukhari, Muslim and Tirmizi report from Sahl ibn Sa’ad
ؓ that Rasoolullah ﷺ said, ‘People will always live well, for as long as they are swift in Iftaar.’

Hadith 12: Ibn Hib’ban reports in his Sahih from Sahl ibn Sa’ad ؓ that Rasoolullah ﷺ said, ‘My Ummah will remain on my Sunnah, for as long as they do not wait for the stars to make Iftaar.’

Hadith 13: Ahmed, Tirmizi, Ibn Khuzaimah and Ibn Hib’ban report from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘Almighty Allah has said, ‘The ones most beloved to Me amongst My servants, are those who are swift in making Iftaar.’’

Hadith 14: It is in Tabrani Awsat from Ya’la bin Murrah ؓ that He said, ‘Three things are beloved to Allah; to be swift in Iftaar, to delay (eating) Sehri, and to keep one hand over the other hand in Namaaz.’

Hadith 15: Abu Dawud, Ibn Khuzaimah and Ibn Hib’ban report from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘This Deen (Islam) will always remain dominant, for as long as people will be swift in Iftaar, for the Jews and Christians delay (breaking their fasts).’

Hadith 16: Imam Ahmed, Abu Dawud, Tirmizi, Ibn Majah, and Daarimi report from Salmaan bin Aamir Ad-Dabbi ؓ that Rasoolullah ﷺ said, ‘When one of you ends his Fast (i.e. makes Iftaar), he should do so with dates or dried dates, as it is Barakah (a blessing), and if you do not find dates, then do so with water, as it is a purifier (cleanser).’

Hadith 17: Abu Dawud and Tirmizi report from Anas ؓ that Rasoolullah ﷺ would make Iftaar with fresh dates before Namaaz, and if there were no (fresh) dates, then He ﷺ would do so with few dried dates, and if this too was not available, He ﷺ would drink few handfuls of water.

Dua For Iftaar: Abu Dawud further reported that at the time of Iftaar, Rasoolullah ﷺ would recite this Dua:

 

Allahum’ma Laka Sumtu Wa ‘Ala Rizqika Aftartu

O, Allah! I have fasted for you, and I have made Iftaar with sustenance provided by You.

Hadith 18: Nasa’i and Ibn Khuzaimah report from Zaid bin Khalid Jahni ؓ that he said, ‘The one who provides for the Iftaar of a fasting person, and the one who provides supplies for a Ghazi (Muslim soldier), will also receive the same reward (as the one for whom he has provided).’

Hadith 19: It is in Tabrani Kabeer from Salman Farsi ؓ that Rasoolullah ﷺ said, ‘One who provided Halaal food or water for Iftaar, the Angels make Dua e Istighfar for him during the duration of Ramadaan, and Jibra’eel ﹽﺴﻼم واﻟ اﻟﺼﻠﻮة ﻋﻠﻴہ makes (Dua) Istighfar for him on Laylatul Qadr.’

It is mentioned in one narration that the person who provides Iftaar (to someone) in Ramadaan from Halaal earnings, then the Angels send Durood (blessings) upon him during all the nights of Ramadaan, and on the Night of Qadr, Jibra’eel ﹽﺴﻼم واﻟ اﻟﺼﻠﻮة ﻋﻠﻴہ makes Musafaha with him (i.e. shakes his hands).

One narration mentions that Rasoolullah ﷺ said, ‘One who feeds water to a fasting person, Allah will feed him water from My Haudh (Pond), and he will never be thirsty again, and he will enter Jannat (in this condition).’

 

WHEN IS ONE EXEMPT FROM FASTING?

 

Hadith 1: It is reported in Sahihain from Ummul Mo’mineen A’isha. She says, Hamza bin Amr Aslami ؓ used to keep fast in abundance, so he asked Nabi Kareem ﷺ if he should fast whilst on a journey, so He ﷺ said, ‘If you wish to, then you may keep them, and if you do not wish to, then you do not have to (i.e. you have the choice).’

Hadith 2: It is in Sahih Muslim from Abu Sa’eed Al Khudri ؓ. He says, ‘On the 16th of Ramadaan we went out in Jihad with Rasoolullah ﷺ. Some from amongst us kept the fast whilst some did not. However, neither did the ones who were fasting find fault in the ones who were not fasting nor did the ones who were not fasting find fault in those who were fasting.’

Hadith 3: Abu Dawud, Tirmizi, Nasa’i and Ibn Majah reported from Anas bin Malik Ka’ab ؓ that Rasoolullah ﷺ said, ‘Allah has pardoned (exempted) the Musafir (traveller) from half Namaaz (i.e. he will read two Raka’ats instead of the four Fard), and He has pardoned (exempted) the Musafir, a female who is suckling (her infant), and a pregnant female from fasting (i.e. they have permission, and they do not have to keep the fasts at that time, but they can discharge it afterwards).’

 

LAWS OF JURISPRUDENCE

 

Law 1: All the following are valid reasons which one is exempt from fasting and if one does not fast in these circumstances, then one is not sinful;

1.During a journey
2.During Pregnancy
3.Whilst suckling the infant (i.e. breastfeeding)
4.In Illness (which hinders one from fasting)
5.Old age
6.Fear of Death
7.Ikraah (where there is a real threat of one’s life etc being endangered)
8.Harm to ones intellect (state of mind)
9.In Jihad. [Durr-e-Mukhtar, vol.2, pg.157/158]

Law 2: A journey here refers to a Shar’i Journey (i.e. that which the Shariah stipulates as a journey). In other words, to intend to go out on a journey, the distance of which from here to there (one place to the other) is the distance of three days, even though the journey is for some impermissible reason. [Durr-e-Mukhtar, vol.2, pg.158]

Law 3: If one travelled in the daytime (on a particular day), then to break the fast of that day, for the journey of today is not a valid reason. However, if he does break it, the Kaffarah is not necessary, but he will be sinful. If he broke the fast before travelling, and then embarked on the journey, then the Kaffarah is also necessary. If he journeyed in the day and forgot something at home, returned home to collect it, and he broke his fast at his home, then Kaffarah is Waajib. [Alamgiri, vol.1, pg.206/207]

Law 4: If a Musafir took up (permanent residence) before Zahwa e Kubra, and he has not as yet eaten anything, then it is Waajib for him to make the Niyyat of fasting. [Jauhira]

Law 5: If a pregnant woman or one who is breastfeeding her infant truly fears that her life or the life of the baby is in danger, then she is permitted not to fast during this time, even though the one breastfeeding the baby is the baby’s mother or her wet nurse, even if she has taken up the job to feed the baby milk in Ramadaan. [Durr-e- Mukhtar, vol.1, pg.159]

Law 6: If an ill person believes there is a predominant likelihood that the illness will increase or that it will take longer for him to become well, or if a healthy person believes there is a predominant likelihood that he will become ill (if he fasts), or if a maid or male servant believes that there is a predominant likelihood that they will feel such severe weakness which they cannot bear, then in all these situations, they are all permitted not to fast on that day. [Jauhira, Durr-e- Mukhtar, vol.2, pg.159]

Law 7: In these cases, the condition is that of ‘Ghalib Gumaan’ (i.e. on the basis of predominant likelihood). Simply assuming this, is not sufficient. There are three categories of ‘Ghalib Gumaan’:

1.If the obvious signs of this are evident

2.If that person has personal experience (in this regard)

3.If a Muslim Physician who is Mastur, in other words, a non-Faasiq, has informed him (or her) accordingly

If there are neither any signs (symptoms), nor does one have any experience in this regard, or if a proper physician (as aforementioned) has not advised him accordingly, but if he made Iftaar (broke the fast) on the advice of a physician (doctor) who is an unbeliever or a Faasiq, then Kaffarah is necessary. [Raddul Muhtar, vol.2, pg.159]

If most of the physicians of today are not unbelievers, ten (many) are certainly Faasiq; otherwise getting a reliable (righteous) specialist physician in this era is becoming very rare. Neither can one really rely on their word and nor can one break one’s fast on their advice. You will find that such physicians ask people to abstain from fasting due to even very minor illnesses. They do not even realise in which illnesses fasting will be harmful and in which illnesses it would not be.

Law 8: If a handmaid (baandi) does not get enough time to fulfil her Faraa’id (obligatory prayers) due to being in the service of her master, then this is not counted as a valid reason. She should fulfil her Faraa’id, and she is not obligated to remain in his service for that amount of time. For example, if the time of her Fard Namaaz is about to expire, then she should leave her duties and fulfil the Fard, and if she obeyed him and left her fast, then she must give Kaffarah. [Durr-e- Mukhtar, Raddul Muhtar, vol.2, pg.160]

Law 9: If a female starts menstruating, or post-natal bleeding starts, her fast will break, and if she becomes completely paak (cleansed) from Haidh within the full ten days and nights, then in all such cases she will keep the fast of the next day. And if she became paak within fewer days, then if there is sufficient time until True Dawn in which she can have her bath and after that, only a limited amount of time will remain, then to she must keep the fast for that day, and if after

she completes her bath, true dawn breaks, then there is no fast (for that day). [Alamgiri, vol.1, pg.207]

Law 10: A menstruating female or one in the condition of Nifaas has the option of either eating in privacy or eating openly. It is not necessary for her to remain like a fasting person. [Jauhira] However, it is better for her to eat in privacy, especially for a female who is in Haidh.

Law 11: If one is faced with hunger and thirst to the extent that there is a real risk of annihilation, or there is fear of damage to one’s sanity (mental state), then in such a case he/she should not fast. [Alamgiri, vol.1, pg.207]

Law 12: If one was compelled to break the fast, he/she has the choice (to either break it or not), and if he/she is patient, then there is great reward in this. [Raddul Muhtar, vol.2, pg.158]

Law 13: If one was bitten by a snake and his life is in danger, then in this situation, he should break the fast. [Raddul Muhtar, vol.2, pg.158]

Law 14: Those who have broken their fasts due to some Uzr (a valid Shar’i justification/reason), then it is Fard upon them to keep the Qaza of those fasts (once the Uzr has ended), and Tarteeb (sequence) is not Fard in these fasts. Therefore, if one keeps Nafil fasts before these fasts, the Nafil fasts are valid, but the ruling is that the Qaza fasts should be kept after the Uzr has ended and before the following Ramadaan comes. It has been mentioned in the Hadith, ‘If a person has Qaza of the previous Ramadaan and he does not keep them, then the fasts of his current Ramadaan will not be accepted.’ If one did not keep the Qaza fasts, and the next Ramadaan came, he should still first keep

the fasts of the current Ramadaan and he should not keep the Qaza (at this time). Even if a non-Mareedh (one who is not ill), or Musafir made the Niyyat of Qaza, it will still not be regarded as Qaza, but they (those fasts) will be regarded as the fasts of the current Ramadaan. [Durr-e- Mukhtar, vol.2, pg.160] That which is mentioned in the Hadith actually means that even though the fasts will be regarded as discharged, but they will not be accepted until such time that the Qaza fasts are kept.

Law 15: If personally the Musafir (traveller), or the one travelling with him (i.e. his travel companion) will not be harmed in any way by fasting, then it is more virtuous for him to fast, otherwise it is better (advisable) not to keep the fast. [Durr-e-Mukhtar, vol.2, pg.160]

Law 16: If these people (who did not keep fast due to some Uzr) die due to the very same Uzr (reason which exempts them from fasting), and they did not get sufficient time in which to keep the Qaza fasts, then it is not Waajib upon them, to make a Wasiyat for the payment of Fidya (before death), and if they still did make the Wasiyat, then it will be fulfilled from one-third of their estate. However, if they had sufficient time to keep the Qaza fasts but did not do so, then it is Waajib for them to make a Wasiyat (for payment of Fidya). Also, if they did not keep the fasts intentionally, then it is Waajib to a greater extent to make this Wasiyat before leaving this world. If the person did not make any Wasiyat and the guardian fulfilled this on his behalf, then to do this is also permissible. However, it was not Waajib upon the guardian to fulfil this (payment of Fidya). [Durr-e-Mukhtar, vol.2, pg.160/161; Alamgiri, vol.1, pg.207]

Note: That which is mentioned in the Hadith actually means that even though the fasts will be regarded as discharged, they will not be accepted until such time that the Qaza fasts are kept.

Law 17: The Fidya for each fast is the same as the amount for Sadaqa e Fitr. The Wasiyat will only be executed from one-third of the (deceased’s) estate if the deceased has left some heirs. If there are no heirs, and all that is left will have to be used to discharge his Fidya, then in this case it is necessary to use all of it for the Fidya. Similarly, if only the husband or the wife is an heir (inheritor as per Shariah), then one-third will first be removed, and then only will their (the heirs) share of inheritance be given to them. After this, if anything is still left-over, and if it can be used to pay off the Fidya, then it should be spent for this purpose. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.161]

Law 18: To make Wasiyat for the fasts is only Waajib for those fasts which he was able to keep. For example, he was liable for ten Qaza, but after the Uzr subsided, he only had the ability to keep five, and then he passed away, then the Wasiyat for only five fasts is Waajib. [Durr-e- Mukhtar, vol.2, pg.161]

Law 19: A person cannot fast on behalf of another person. [General books, Alamgiri, vol.1, pg.207]

Law 20: If the heirs (of a deceased person) give the compensation for Waajib I’tekaaf and Sadaqa e Fitr, then it is permissible to do so, and the amount for this is the same which is for Sadaqa e Fitr. If they wish to pay the Zakat (owed by the deceased), then they should pay out that which was Waajib (upon him). [Durr-e-Mukhtar, vol.2, pg.163]

Law 21: If a Shaykh Al Faani, meaning an old person whose age is such that he will become weaker as the days go. If he is not able to keep fast any longer, meaning that there is no real hope that he will have sufficient strength to fast in the future, then such a person is

exempted from fasting, and it is Waajib upon him to give Fidya in lieu of every fast, in other words, he should feed a Miskeen (needy person) a full stomach of food for two meals, or he should give the amount of Sadaqa e Fitr in compensation of each fast, to a Miskeen. [Durr-e- Mukhtar, vol.2, pg.163/164]

Law 22: If such an old person (i.e. the Shaykh Al Faani) is not able to keep fast in the summer months due to the hot weather, but he is able to fast in the winter months, then he is permitted not to fast now, but for him to keep the (Qaza) fasts for this (the missed fasts) in the winter months is Fard upon him. [Raddul Muhtar, vol.2, pg.136]

Law 23: If after giving the Fidya, he regains enough strength to be able to fast, then the Fidya will count as Nafil Sadaqa, (and) He should (now) keep the Qaza for those fasts. [Alamgiri, vol.1, pg.207]

Law 24: He has the right to either give the Fidya for all the fasts at the beginning of Ramadaan at once, or he may give it at the end, and in this ‘Tamleek’ (to make someone Maalik) is not a condition, but even Ibaahat (consent) is sufficient. It is also not necessary for one to pay the amount of Fidya one has, to that number of Masakeen (i.e. it does not mean that if he has five Fidyas, he has to give it to five separate Miskeen), but one Miskeen can be given the Fidya of multiple days. [Durr-e-Mukhtar, vol.2, pg.163]

Law 25: If one is liable for the Kaffarah of a (broken) oath1 or for manslaughter2, and he is unable to keep it due to old age, then in this case there is no Fidya for this fast. If he is liable for the Fidya for breaking a fast or for Zihaar3, then in this case if he is unable to keep the fast, he should feed sixty Miskeen. [Alamgiri, vol.1, pg.207]

Law 26: If someone took a Man’nat (vow) that he will fast always, but if he keeps the fast continuously (as he vowed), then he will not be able to do any job, through which he may be able to earn a livelihood, then (in such a case) he is permitted to make Iftaar (i.e. not to fast) for the number of days that are necessary. And for every fast which he misses, he should give Fidya, and if he does not even have the means to do this, then he should make Istighfar (seek repentance). [Raddul Muhtar, vol.2, pg.164]

Law 27: If a person kept a Nafil fast with intent, then breaking it will make the Qaza necessary, and to fulfil this is Waajib. If he was under the impression that he is liable for a fast and he thus started fasting, and later he realised he is not liable for that fast, then in this case, if he immediately broke the fast, he is not liable for anything, but after knowing this, if he still did not break it, then he is now not permitted to break it. If he does break it now, the Qaza is Waajib upon him. [Durr-e-Mukhtar, vol.2, pg.164/165]

Law 28: If one did not intentionally break a Nafil Fast, but it broke without any control, for example, if whilst fasting, a female got her menstrual cycle, then in this case the Qaza must still be kept. [Durr-e- Mukhtar, vol.2, pg.165]

Law 29: If one kept Nafil fast on any one (or both) of the two Eids or during the Ayaam-e-Tashreeq, then for him to complete that fast is not Waajib and breaking it will also not make the Qaza Waajib.

 

1: The Kaffarah for a broken Oath (Qasm) is three fasts.
2: The Kaffarah for manslaughter (unintended killing) demands fasting for two months 3: The Kaffarah for Zihaar demands fasting for two months

In fact, it is Waajib (in such a situation) to break that fast, and if he had taken a Man’nat to fast on any of those days, then in this case it is Waajib to fulfil the fasts, but it cannot be done on those days (as to fast on those days is forbidden). They should thus be kept on any other day. [Raddul Muhtar, vol.2, pg.165]

Law 30: To break a Nafil fast without a valid Uzr (i.e. a justification stipulated by the Shariah) is impermissible. If the host does not partake in the meal with the guest, it will offend the guest, or if the guest does not eat, then the host will feel offended, then this is regarded as an Uzr to break the Nafil fast.

The condition is that one has a conviction that he will keep the Qaza for that fast, and on condition that he breaks it before Zahwa e Kubra, and not after that. One is permitted to break it after Zawaal if his parents are upset (that he is fasting), and this too he may break before Asar. He is not permitted to break it after Asar. [Alamgiri, vol.1, pg.208; Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.166]

Law 31: If a person took a Qasm (oath) by saying that, if you do not break your fast, then there is Talaaq upon his wife, then in such a situation, he should let his Qasm be positive, i.e. he should break the fast, even if it is the Fast of a Qaza Fast.

Law 32: If a person was invited (for a meal) by one of his brothers, then he is permitted to break the Nafil fast before Zahwa e Kubra. [Durr-e-Mukhtar, vol.2, pg.166]

Law 33: A female should not keep the Nafil fast, the fast for a Man’nat, and the fast of a Qasm (Oath) without the permission of her husband, and if she has kept it, then the husband may ask her to break it. However, if she breaks it, the Qaza is Waajib upon her, but even to keep this Qaza, she needs to take the permission of her husband, unless there is a separation between her and her husband. In other words, if he gave her Talaaq e Baa’in, or if he died. However, if there is no harm to the husband in her keeping fast, such as if he is on a journey, or he is ill or he is in the state of Ehraam, then in these situations she is allowed to keep the Qaza without permission of her husband, even if he does not allow her to keep it (she may). However, even on these days, she cannot keep Nafil without his permission as well. To keep the fasts of Ramadaan and the Qaza of Ramadaan, she does not need to take her husband’s permission, and even if he forbids her to keep them, she should still keep them. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.167]

Law 34: With the exception of Faraa’id, even a bondswoman or a slave is not allowed to keep these without the permission of their master. If the master wishes, he may ask them to break it. They may keep the Qaza for this fast after being freed, or with the permission of the master. However, if a slave is responsible for Zihaar with any woman (i.e. when the husband compares his wife with a woman within his prohibited relationship e.g. his mother or sister), then she may keep the fasts of Kaffarah for this without the permission of the husband. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.176]

Law 35: If a servant or worker keeps a Nafil fast and will thus not be able to fulfil his/her duties, so in this case, he requires the permission of his employer or the one who appointed him to the job; and if he is able to fulfil his duties (even whilst keeping the Nafil fast), then there is no need to seek permission. [Raddul Muhtar, vol.2, pg.176]

Law 36: A daughter does not have to take permission from her father, a mother does not need to take permission from her son, and a sister does not have to seek permission from her brother. If parents forbid the son from fasting as there is a fear of him becoming ill, he should obey the wishes of his parents. [Raddul Muhtar, vol.2, pg.167]

 

 

THE VIRTUES OF NAFIL FASTS

 

 

The Fast of Aashurah (The 10th of Muharram)

It must be noted when intending to fast on the 10th of Muharram, it is better to fast on the 9th of Muharram as well.

Hadith 1: It is in Sahihain from Ibn Abbas that Rasoolullah ﷺ personally kept the fast of Aashurah, and commanded that it should be kept.

Hadith 2: Muslim, Abu Dawud, Tirmizi and Nasa’i report from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘After the fasts of Ramadaan, the most exalted is the Fast of Aashurah, and most exalted Namaaz after the Fard Namaaz is Salaat ul Layl (i.e. Tahaj’jud).’

Hadith 3: It is in Sahihain from Ibn Ab’bas that, ‘I did not see Nabi ﷺ seeking to fast on any day more preferable to him, than this day, (being) the day of Aashurah, or in this month, (being) the month of Ramadaan.’

Hadith 4: It is in Sahihain from Ibn Ab’bas that when Rasoolullah ﷺ arrived in Madina, he saw the Jews fasting on the day of Aashurah. He asked, ‘What day is this, on which you are fasting?’ They said, ‘It is a blessed day, for it is the day on which Allah saved Hazrat Musa  and his people, and He (Allah) drowned Fir’awn and his people. Therefore, Musa  fasted on this day as a mark of gratitude, so we too fast on this day.’ Rasoolullah ﷺ said, ‘We have a greater right to act according to Musa  compared to you, and we are closer (to him),’ so Rasoolullah ﷺ fasted on that day, and He ﷺ commanded the Muslims to fast as well.

Hadith 5: It is in Sahih Muslim from Abu Qatadah ؓ that Rasoolullah ﷺ said, ‘I have faith from Allah that the fasts of Aashurah will wipe out the sins of the preceding year.’
The Fast of Arafah (The 9th of Zil Hijjah)

Hadith 6-10: It is reported in Sahih Muslim, Sunan Abu Dawud, Tirmizi, Nasa’i and Ibn Majah from Abu Qatadah ؓ that Rasoolullah ﷺ said, ‘I sense that the fast of Arafah will wipe out the sins of the preceding year, and the following year.’

Similar narrations are reported from Sahl bin Sa’ad, Abu Sa’eed Al Khudri, Abdullah ibn Umar and Zaid bin Arqam.

Hadith 11: Baihaqi and Tabrani report from Ummul Mo’mineen Siddiqa that Rasoolullah ﷺ used to say that the fast of the Day of Arafah is equal to thousands.

This ruling excludes those who are performing Hajj and are on the plains of Arafat. For them to fast on the Day of Arafah is Makruh, because it is reported by Abu Dawud, Nasa’i and Ibn Khuzaimah from Abu Hurairah ؓ that Rasoolullah ﷺ forbade us from fasting on the Day of Arafah, whilst on the plains of Arafat.

 

The Six Fasts of Shawwal

 

The six fasts of Shawwal are those which people also refer to as ‘The Six Fasts after Eid.’

Hadith 12 & 13: Muslim, Abu Dawud, Tirmizi, Nasa’i, Ibn Majah and Tabrani have reported from Abu Ayub ؓ that Rasoolullah ﷺ said, ‘The one who kept the fasts of Ramadaan and then fasted the six days

of Shawwal thereafter, it is as if he has kept fast always (i.e. throughout the year).’

A similar narration is reported by Abu Hurairah ؓ.

Hadith 14 & 15: Nasa’i, Ibn Majah, Ibn Khuzaimah and Ibn Hib’ban have reported from Thaubaan ؓ and Imam Ahmed, Tabrani and Baz’zaz have reported from Jaabir ؓ that Rasoolullah ﷺ said, ‘The one who kept the six fasts after Eid ul Fitr, has kept the fast for the entire year; and the one who does one virtuous deed will receive (the reward of) ten virtuous deeds, so the fasts of Ramadaan are equal to that of ten months, and the fasts of those six days are equal to two months, so in this way, it is (like) fasting for the entire year.’

Hadith 16: It is reported in Tabrani Awsat from Abdullah ibn Umar that Rasoolullah ﷺ said, ‘The one who kept the fasts of Ramadaan, and then after it kept the six fasts of Shawwal, has become cleansed from sins as if he was born from his mother’s womb today.’

The Fasts of Sha’baan and the Virtues of the 15th of Sha’baan

Hadith 17: Tabrani and Ibn Hib’ban report from Muadh bin Jabl ؓ that Rasoolullah ﷺ said, ‘On the 15th of Sha’baan Allah Manifests His Tajal’li (Divine Blessings) towards the entire creation, and He forgives all, except the unbelievers and those who harbour enmity.’

Hadith 18/19: Baihaqi reported from Ummul Mo’mineen Siddiqa that Rasoolullah ﷺ said, ‘Jibra’eel  visited Me and said, ‘This is the 15th of Sha’baan. In it, Almighty Allah frees from Hell, as much as the hair on the backs of the goats of the Bani Kalb, except for an unbeliever, and He (Allah) does not direct His Divine Sight of Mercy

upon those who harbour enmity, and upon those who sever family ties, and upon those who drag their clothes (with pride), and upon those who disobey their parents, and upon those who are habitual alcoholics.’’

The narration which is mentioned by Imam Ahmed from Ibn Umar also mentions a murderer.

Hadith 20: Baihaqi reported from Ummul Mo’mineen Siddiqa that Rasoolullah ﷺ said, ‘Almighty Allah Manifests His Tajal’li on the eve of the 15th of Sha’baan. He forgives those who seek forgiveness, and He showers His Mercy upon those who seek His Mercy, and He leaves those who harbour enmity, in their (pathetic) condition.’

Hadith 21: Ibn Majah reports from Ali that Nabi Kareem ﷺ said, ‘When the eve of the 15th of Sha’baan arrives, remain standing (i.e. remain awake in Ibaadat) on this night, and fast in the day, for Allah Manifests His Special Tajal’li on the sky of the earth from sunset, and He says, ‘Is there anyone who seeks forgiveness, so that I may forgive him! Is there anyone who seeks sustenance, so that I may bless him with sustenance? Is there someone in calamity, so that I may grant him relief? Is there anyone in such and such a condition, and He announces this until the break of Fajr.’’

Hadith 22: Ummul Mo’mineen Siddiqa says, ‘I did not see Rasoolullah ﷺ keep as many fast in any other month, compared to what He ﷺ kept in Sha’baan.’

Ay’yaam e Baydh, The 3 Special fasts of every month (The Days of Whiteness, i.e. Radiance)

Every month there are 3 special fasts, known as Ay’yaam e Baydh. These are on the 13th, 14th, and 15th of the Islamic Calendar (i.e. the lunar month).

Hadith 23 & 24: Bukhari, Muslim and Nasa’i report from Abu Hurairah ؓ and Muslim reports from Abu Dardah ؓ that Rasoolullah ﷺ advised me with regards to three things. Among them, one is that I should keep three fasts every month.

Hadith 25 & 26: It is in Sahih Bukhari and Muslim from Abdullah ibn Amr ibn A’as ﻋﻨهﻤthat Rasoolullah ﷺ said, ‘There are three fasts in every month which are like fasting always.’

A similar narration is from Qur’rah bin Ay’yas ؓ

Hadith 27& 28: Imam Ahmed, Ibn Hib’ban, Ibn Ab’bas and Baz’zaar report from Maula Ali ؓ that Rasoolullah ﷺ said, ‘The fasts of Ramadaan and the three fasts every month remove the weaknesses of the chest.’

Hadith 29: Tabrani reports from Maymuna bin Sa’ad that Rasoolullah ﷺ said, ‘Whosoever is able to, should keep three fasts every month, for every fast wipe out ten sins, and cleanses one from sins, just as water cleans clothing.’

Hadith 30: Imam Ahmed, Tirmizi, Nasa’i and Ibn Majah report from Abu Zarr ؓ that Rasoolullah ﷺ said, ‘If you intend to keep three fasts in a month, then keep it on the 13th, 14th, and 15th (of the month).’

Hadith 31: Nasa’i reports from Ummul Mo’mineen Hafsah that Rasoolullah ﷺ never left four things:

1.The Fast of Aashurah

2.Fasting during the ten days of Zul-Hijjah

3.The three fasts in every month

4.The two Raka’ats before Fajr

Hadith 32: Nasa’i reported from Ibn Ab’bas that Rasoolullah ﷺ would never remain without fasting during Ay’yaam e Baydh, either on a journey or when at home.

Fasting on Mondays and Thursdays

Hadith 33-35: It is in Sunan Tirmizi from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘Our deeds are presented on a Monday and Thursday, and I prefer that I should be fasting when my deeds are being presented.’

Similar narrations are reported by Usama bin Zaid ؓ and Jaabir ؓ.

Hadith 36: Ibn Majah reports from him as well (i.e. Abu Hurairah
ؓ) that Rasoolullah ﷺ used to keep fast on Monday and Thursday. When He ﷺ was asked about this, He ﷺ said, ‘On these two days Almighty Allah forgives every Muslim, except for those two people who have separated from each other. Concerning them, it is said to the Angels, ‘Let them be, until such time that they have resolved their issues (with one another).’’

Hadith 37: It is in Tirmizi Shareef from Ummul Mo’mineen Siddiqa ﻋﻨهﺎ �uﻌﺎS اﷲ ي�ر that Rasoolullah ﷺ would pay particular attention to the Monday and Thursday and keep fast in them.

Hadith 38: It is in Sahih Muslim Shareef from Abu Qatadah ؓ that Rasoolullah ﷺ was asked about his reason for fasting on a Monday, so He ﷺ said, ‘It is the day on which I was born, and it is the day on which Revelation (Wahi) descended upon me.’

 

Fasts of Some Other Days

 

Hadith 39: It is reported from Abu Ya’la and Ibn Ab’bas that Rasoolullah ﷺ said, ‘For the one who fasts on a Wednesday, salvation from Jahannam will be recorded for him.’

Hadith 40-42: It is reported in Tabrani Awsat from them as well, that Rasoolullah ﷺ said, ‘For the one who fasts on a Wednesday, Thursday and Friday, Almighty Allah will erect for him a Mansion in Jannat, the outside of which can be seen from inside, and the inside of which can be seen from the outside.’

It is mentioned in the narration of Anas ؓ that, Allah will erect for him a Mansion of pearls, emeralds and topaz, and salvation from Hell will be recorded for him.

The narration of Ibn Umar mentions that one who fasts on these three days and then gives a little or a lot of charity on a Friday, then whatever sins he committed will be forgiven, and his condition will be as he was when his mother had given birth to him. However, to fast specifically only on a Friday is Makruh.

Hadith 43: Muslim and Nasa’i report from Abu Hurairah ؓ that Rasoolullah ﷺ said, ‘From amongst the nights, do not specify the eve of a Friday to stand (in Ibaadat) and from amongst the days do not specify a Friday to keep fast.’

However, if someone was already keeping some type of fast, and it happened to fall on a Friday, then there is no harm in this.

Hadith 44: Bukhari, Muslim, Tirmizi, Nasa’i, Ibn Majah and Ibn Khuzaimah reported from him as well, that Rasoolullah ﷺ said, ‘Do not fast specifically on a Friday unless you fast a day before it, or after it.’

Ibn Khuzaimah’s narration mentions that Friday is (the day of) Eid, so do not fast on the day of Eid (i.e. on a Friday), unless you fast other fasts before or after it.

Hadith 45: It is in Sahih Bukhari and Muslim from Muhammad bin Ubaad ؓ that Jaabir ؓ was performing Tawaaf of the Holy Kaaba. I asked him, ‘Did Nabi ﷺ disallow us from keeping fast on a Friday?’ He replied, ‘Yes, Qasm on the Rub of this House (i.e. the Kaaba)!’

 

THE FASTS OF NAZAR (MAN’NAT – VOWS)

 

A Shar’i Man’nat is that fast, once a vow has been taken to observe it, fulfilling it becomes Waajib. There are certain unconditional pre-requisites for it:

1. It should be such a Man’nat, which is something that qualifies under the Waajib act. One cannot take a Man’nat (vow) to visit a sick person, go to the Masjid, or go with the Janaazah, as these are invalid.

2. The Ibaadat should by itself be objective. It should not be a means to another Ibaadat. Therefore, to take the Man’nat of performing Wudu, or Ghusl, or looking at the Mushaf is not a valid Man’nat.

3. The Man’nat should not be for that which the Shariah has already made Waajib upon him, be it in the present or in the future; for example, to take a Man’nat to pray the Zuhr of today, or to pray any Fard Namaaz is not valid, because these are already compulsory upon him.

4. The Man’nat which he has taken should be something which by itself, is not something which is sinful, and if it is sinful for some other reason, then the Man’nat is still valid. For example, fasting on the Day of Eid is forbidden, if he has taken a Man’nat to fast on Eid day, the Man’nat will be valid, even though the command is that he cannot keep it on that day, rather he will have to keep it on some other day, as this being forbidden is temporary, i.e. it is forbidden because it is the day of Eid, but fasting by itself is actually something which is permitted.

5. It should not be the Man’nat of something which is totally impossible to fulfil. For example, if a person took a Man’nat, saying I will fast yesterday. This Man’nat is invalid (as yesterday has passed and it is totally impossible to do).

 

LAWS OF JURISPRUDENCE

 

Law 1: For the Man’nat to be valid, it is also not necessary that the intention of it should be in the heart. If he intended to say something else and the words of Man’nat were uttered from the tongue, the Man’nat has become valid. If he intended to say, for the pleasure of Allah, I am liable to keep fast for one day, and instead of the day the word month was mentioned by him, so now it is Waajib for him to keep fast for the one month. [Raddul Muhtar, vol.1, pg.170]

Law 2: If one took a Man’nat to fast on ‘Ayaam-e-Manhiya’ in other words the days of Eid, Baqr Eid and on the 11th, 12th and 13th of Zul- Hijjah, and he also went ahead and kept the fasts on these days, then even though it was sinful to do so, but the Man’nat will still be regarded as being discharged. [Durr-e-Mukhtar, vol.2, pg.170]

Law 3: If one made a Man’nat to observe fasts for this year, then in this case he may keep fast for the entire year, excluding the ‘Ayaam-e- Manhiya’, and he may keep these fasts on any other days except these days. If he also kept the fasts on the ‘Ayaam-e-Manhiya’ the Man’nat has been discharged, but he is sinful. This rule is if he intended the Man’nat before the ‘Ayaam-e-Manhiya’, and if he intended it after the ‘Ayaam-e-Manhiya.’ In other words, if he intended the fasts of this year, on the eve of the 14th of Zul-Hijjah, then the Man’nat will be discharged by fasting until the end of Zil- Hijjah because this (current) year ends at the end of Zil Hijjah. If he intended before

Ramadaan the fasts of this year, then he is not liable to keep the fasts which are in place of the fasts of Ramadaan (i.e. they are included). If he took a Man’nat to keep fasts one after the other (continuously), then even in this case he cannot fast on the forbidden days. He should not fast on those days, but he should keep the Qaza of those fasts afterwards, one after the other. If he remains even one day without fasting, then all the fasts which he kept before that day, will have to be repeated. If he intended a Man’nat to fast for the entire year, then after keeping fast for an entire year, he should still keep further thirty-five or twenty-four fasts; in other words, in place of the month of Ramadaan, and for the five days of ‘Ayaam-e-Manhiya,’ even though he may have kept fast on these days because in this situation they are not sufficient. However, if he said, he will keep the fast of one year continuously, then now there is no need for him to keep the fasts of those thirty days, but in this case, if they are not kept one after the other (without a break except for the forbidden days), then he will have to start all over again. However, he should not fast on the forbidden days, but after the year ends, he should keep five fasts continuously (i.e. one after the other). [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.170]

Law 4: In the words of Man’nat, the conjecture of Yameen (i.e. a Qasm) is also present, thus here there are six cases:

1.If one did not make any Niyyat with those words, neither that of Man’nat nor that of Yameen (Oath).

2.If he only made the Niyyat of Man’nat. In other words, He did not intend it to be Yameen or not.

3.If he made the Niyyat of Man’nat and stipulated that it is not Yameen.

4.If he made the Niyyat of Yameen and stipulated that it is not Man’nat.

5.If he made the Niyyat of both Man’nat and Yameen.

6.If he only made the Niyyat of Yameen, and he did not make Niyyat of it either being or not being a Man’nat.

In the first three cases, it is only counted as being Man’nat, so if he does not fulfil it, he must keep the Qaza for it. In the fourth case, it is counted as Yameen (an Oath), and if he does not complete it, he will have to give Kaffarah. In the fifth and sixth cases, it is both Man’nat and Yameen. If he does not fulfil it, he must perform the Qaza for the Man’nat and discharge the Kaffarah for the Yameen. [Tanweer ul Absaar, vol.6, pg.171]

Law 5: If he made a Man’nat to keep the fasts of this month, and the Ayaam-e-Manhiya fall within this month, he should not fast on those days, but he should keep the fasts in place of them afterwards, and if he already kept them (on the forbidden days), he is sinful, but the Man’nat has been discharged. In this case, it is not Waajib to keep fasts for the entire month, but he will keep the number of fasts depending on the number of days which are remaining in the month, from the day when he made the Man’nat, as it is Waajib upon him only on those days. If that month was the month of Ramadaan, then the Man’nat is not valid at all, because the fasts of Ramadaan are by themselves Fard. However, if he took a Man’nat of fasting in the month of Ramadaan and he passed away before Ramadaan, then it is also Waajib to make a

Wasiyat of feeding the needy (Miskeen) for one month. If one made a Man’nat fast in a specific month, such as in Rajab or Sha’baan, then in this case it is necessary to fast for that entire month. If that month is 29 days, he should fast 29 days and if it has 30 days, he should fast 30 days; and he should not miss any fast. However, if he does miss a fast, then he should keep it afterwards, as in this case there is no need to repeat all the other fasts. [Raddul Muhtar, vol.2, pg.170]

Law 6: If one made the Man’nat of fasting for one month, it is Waajib for him to keep the fast for a full 30 days, even though the month in which he kept it was a month with 29 days. It is also necessary that he should not keep any fasts on the Ayaam-e-Manhiya, because in this case if he keeps those fasts during the Ayaam-e-Manhiya, then he is already sinful for doing so, and those fasts are also not sufficient. Also, if he included the condition of fasting one after the other, or if he made this Niyyat in his heart, then it is necessary that he should not miss any. If he missed any fasts, even though it may be in the Ayaam- e-Manhiya, then from now, he must keep the fast of one month without any interruption. In other words, it is necessary that within those thirty days, there should not be such a day in which fasting is forbidden. If he did not specify the condition of keeping it one after the other (without interruption), and neither is it in the Niyyat, then in this case keeping thirty fasts separately will also allow the Man’nat to be discharged. If a female made a Man’nat fast for an entire month, one after the other (uninterrupted), then if she gets a full month or more in the state of Tahaarat (i.e. purification without having Haidh), then it is necessary for her to start in such a time so that the thirty days end before her Haidh commences; otherwise, she will have to keep thirty after the Haidh has ended, and if she gets Haidh before the month ends completely, then, in this case, she should keep as many fasts as she can before, and then after the Haidh she

should continue the remaining fasts one after the other without missing any. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.172]

Law 7: If one made a Man’nat fast one after the other (uninterrupted), then to miss any is impermissible, and if one separately made Niyyat of keeping ten fasts, then to keep them all, one after the other is also permissible. [Bahr, Shaami, vol.2, pg.176]

Law 8: Man’nat is of two types, one is Mu’allaq (pending) where one says that if such and such of my issues are resolved, or if a such and such person returns from his journey, then I am liable for this much Fasts, or Namaaz, or Sadaqa etc. for Allah.

The other type is Ghayr Mu’allaq, which is not dependent on whether something happens or not, in other words, he says, I am making compulsory upon myself this many fasts, or Namaaz, or Sadaqa etc. for the pleasure of Allah. In Ghayr Mu’allaq, even though one may specify a time or place, there is no ruling stating that it cannot be fulfilled before this time frame, or differently, because even if he kept the fasts or performed those Namaaz etc. before the time, it will still be counted as being discharged. [Durr-e-Mukhtar, vol.2, pg.172/173]

Law 9: If one took Man’nat to fast for this Rajab, and he kept the fasts in Jamadil Aakhir and it was a month of twenty-nine days, then if Rajab also is a month with twenty-nine days, it will be counted as being discharged, and there is no need to keep one more fast. If it (Rajab) becomes a thirty-day month, then he must keep one more fast. [Raddul Muhtar, vol.2, pg.173]

Law 10: If he made Niyyat keep fast this Rajab, and he fell ill in Rajab, then he should keep the Qaza during some other days, and when keeping this Qaza he has the choice of fasting continuously or fasting with a gap in between them. [Durr-e-Mukhtar, vol.2, pg.174]

Law 11: In Mu’allaq, one cannot keep the fasts before the condition is fulfilled. If one kept the fasts before, and the condition was met later, then those fasts must be repeated. The initial fasts will not be counted as equal. [Durr-e-Mukhtar, vol.2, pg.173]

Law 12: If one made Niyyat too fast for one day, then he has the choice of keeping it on any day except for the Ayaam-e-Manhiya. The same applies if he made an intention to fast for two days or three days. However, if he made Niyyat keep them one after the other, then to keep them one after the other is Waajib, otherwise, he has the choice to keep them all together or with a gap in-between. If he intended to keep them with a gap and he kept them altogether, it is still permissible. [Alamgiri, vol.1, pg.209]

Law 13: If one made Niyyat of keeping ten fasts all at once, and he kept fifteen fasts and in-between somewhere he missed one fast, and he cannot remember on which day he did not fast, then he should keep five more fasts uninterrupted again. [Alamgiri, vol.1, pg.209]

Law 14: If a sick person took a Man’nat of keeping fasts for one month, and he did not regain good health, and he passed away, then he is not liable for anything, but if he became well for even one day, and he did not fast, then it is Waajib to make Wasiyat for Fidya for an entire month. If he kept fast on that one day, then still there must be a Wasiyat for the other days. Similarly, if a fit person took a Man’nat and he passed away before the month finished, it is also Waajib on him

to make Wasiyat for this, and if he took a Man’nat at night and he passed away on the same night, then to Wasiyat should be made. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.173]

Law 15: If one took a Man’nat saying, it is Waajib upon me to keep fast for Allah, on the day on which such and such person returns. In this case, if the person returns before Zahwa e Kubra, and he has not eaten or drunk anything, he should fast, and if the person returns at night, then there is nothing. Similarly, if he returned after Zawaal or after he had already eaten something, or the one who took the Man’nat was a female and on that day she got her Haidh, then in all these cases, there is nothing. However, if he said, ‘It is Waajib upon me to fast always for the pleasure of Allah, on the day on which such and such person returns,’ and if the person returned after he had eaten, then he is not liable for the fast of that day, but the fast of that day on all the weeks which follow have become Waajib on him. For example, if the person returned on a Monday, then he must fast every Monday. [Alamgiri, vol.2, pg.208]

Law 16: If one took this Man’nat that the fast of the day on which such and such person returns will be upon me always, and he took a second Man’nat in which he said, the fast of the day on which such and such person gets cured, is upon me for always. Then, if coincidentally, the day on which he came, is the same day on which he became well, then in this case, he will only keep the fast of that one day every week. This is Waajib upon him. [Alamgiri, vol.1, pg.209]

Law 17: If one took a Man’nat to fast for half the day, then this Man’nat is not proper (i.e. invalid). [Alamgiri, vol.1, pg.209]

 

 

I’tekaaf

 

Virtues of I’tekaaf in the Light of Qur’an
Virtues of I’tekaaf in the Light of Hadith
Laws of Jurisprudence

 

VIRTUES OF I’TEKAAF IN THE LIGHT OF THE QUR’AN

Almighty Allah says,

 

‘And do not be intimate with (your) wives when you are performing I’tekaaf in the Masjid’ [Surah Al Baqarah (2), Verse 187]

VIRTUES OF I’TEKAAF IN THE LIGHT OF HADITH

 

Hadith 1: It is mentioned in Sahihain from Ummul Mo’mineen A’isha Siddiqa that Rasoolullah ﷺ performed I’tekaaf during the last ten nights of Ramadaan.

Hadith 2: Abu Dawud reports from A’isha. She says, ‘It is Sunnat (i.e. proven from Hadith) upon the Mu’takif (one performing I’tekaaf) that neither should he go out to visit the sick and nor should he present himself in a Janaazah. He should also not touch a female, and nor should he be intimate with her. He should not go out for any need, except for that need which is necessary, and there is no I’tekaaf without fasting, and the I’tekaaf should be performed in a Masjid in which Jama’at takes place.’

Hadith 3: Ibn Majah reports from Ibn Abbas that Rasoolullah ﷺ said concerning a Mu’takif; he abstains from sins and he acquires such great reward from his virtuous deeds as if he has performed all the virtuous deeds.
Hadith 4: Baihaqi reported from Imam Husain ؓ that Rasoolullah ﷺ said, ‘For the one who has performed I’tekaaf for ten days in Ramadaan, it is as if he has performed two Hajj and two Umrah.’

 

LAWS OF JURISPRUDENCE

 

Law 1: To remain in the Masjid with the Niyyah (intention) of doing so for the sake of Allah, is called I’tekaaf, and the conditions for this are; to be a Muslim, to be of sane mind (Aaqil), and to be pure from (impurity of) Janaabat, Haidh and Nifaas. To be Baaligh (i.e. to have reached the age of puberty) is not a condition, and if a Na-Baaligh who has a sense of understanding and respect, stays in the Masjid with the intention of I’tekaaf, then this I’tekaaf is proper. To be a freeman is also not a condition, so a bondsman (slave) may also perform I’tekaaf, but he has to solicit the permission of his ‘Mawla’ (i.e. his master), and he (the master) has the right of refusing permission. [Alamgiri, Durr- e-Mukhtar, Raddul Muhtar, vol.2, pg.176/177]

Law 2: It is not a condition or pre-requisite of I’tekaaf for the Masjid to be a Masjid-e-Jaame’ as it can also be performed in a Masjid-e- Jama’at. A Masjid-e-Jama’at is that Masjid in which an Imam and Muaz’zin have been appointed, even though five daily prayers do not take place there with Jama’at, and (I’tekaaf) it is easier. (In actual Fact) I’tekaaf is absolutely proper in every Masjid, even if it is not a Masjid-e-Jama’at, especially in this era, where there are many such

Masjids in which there is neither an Imam nor a Muaz’zin. [Raddul Muhtar, vol.2, pg.176]

Law 3: The greatest merit is to perform I’tekaaf in the Masjid-e- Haraam (Makkah), and thereafter the greatest virtue is in performing it in the Masjid-un-Nabawi and thereafter the greatest virtue is in performing it in Masjid-e-Aqsa, and after this, wherever there is the biggest Jama’at. [Shaami, Vol.2, Pg.176]

Law 4: It is Makruh (disapproved) for a female to perform I’tekaaf in a Masjid, but she should rather perform I’tekaaf in her home. She should perform it in the area which she has set aside for performing her (daily) Namaaz, which is known as the ‘Masjid-e-Bayt.’ It is also Mustahab for a female to set aside a place in the house where she performs her Namaaz. This area should be kept pure and clean, and it is advisable to have that area (slightly) raised, like a platform etc. Men should also set aside a place in the house to perform their Nawafil, as it is Afdal (more meritorious) to perform the Nafil Namaaz at home. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.176]

Law 5: If a female has not set aside a specific area for her Namaaz, then she cannot perform I’tekaaf at home. However, at that time, in other words when she intended to perform I’tekaaf if she specifically set aside an area for Namaaz, then she may perform I’tekaaf in that place. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.176]

Law 6: A Khunsa (a person with reproductive organs of both sexes) cannot perform I’tekaaf in a Masjid-e-Bayt. [Durr-e-Mukhtar, vol.2, pg.176]

 

Three types of I’tekaaf

 

1.Waajib

This is when one has taken a ‘Man’nat’ (Vow) to perform I’tekaaf. In other words, he uttered it with the tongue. Merely intending this in the heart will not make it Waajib.

2.Sunnat-e-Mu’akkadah

This refers to the I’tekaaf for the full last ten days of Ramadaan. This is to remain in the Masjid with the Niyyat of I’tekaaf at the time of the setting of the sun on the 20th of Ramadaan, and to exit the Masjid on the 30th after sunset, or on the 29th after the moon has been sighted. If one makes the Niyyat (intention) of I’tekaaf on the 20th after Maghrib, then the Sunnat-e-Mu’akkadah has not been fulfilled. This I’tekaaf is Sunnat-e-Kifaayah, meaning that if omitted by all, then all (the entire community) will be held accountable, and if even one person performed it in the town, then all have been cleared of this responsibility.

3. All Other Types

With the exception of these, any other I’tekaaf is regarded as being Mustahab and Sunnat-e-Ghayr Mu’akkadah. [Durr-e-Mukhtar, vol.2, pg.177; Alamgiri, vol.1, pg.211]

Law 8: Neither is fasting nor any specific time frame a condition to perform the Mustahab I’tekaaf. From the moment one makes Niyyat of I’tekaaf in the Masjid, and for as long as one is inside the Masjid, one will be counted as being a Mu’takif. When he exits, the I’tekaaf will be terminated. [Alamgiri, vol.1, pg.213] This is a reward that one attains

without any effort, whereby one receives the reward (Sawaab) of I’tekaaf by simply making Niyyat of I’tekaaf, so we should try not to lose this (reward). It is advisable to write on the door of the Masjid, ‘Make the Niyyat of I’tekaaf and you will attain the reward of I’tekaaf,’ so that those who are unaware of this may become aware, and it may serve as a reminder for those who already know about it.

Law 9: For Sunnat I’tekaaf, i.e. that which is performed during the last ten dates of Ramadaan (to be proper), fasting is a condition (pre-requisite). Therefore, if an ill person or Musafir performed I’tekaaf, but was not fasting, then the Sunnat (I’tekaaf) has not been fulfilled, and it will be regarded as Nafil. [Raddul Muhtar, vol.2, pg.178]

Law 10: Fasting is also a pre-requisite in the I’tekaaf of Man’nat. Even if a person made the intention of I’tekaaf (of Man’nat) for a month and stipulated that he will not fast, then even in this case it is Waajib for him to fast, and if he made Niyyat of I’tekaaf (only) at night, then this Man’nat is not proper (i.e. it is invalid) as there can be no fasting at night. However, if he said, there is I’tekaaf upon me for one day and night, then this is valid. If he says, ‘I make I’tekaaf for today,’ and he has already eaten, then the Man’nat is not valid. [Durr-e-Mukhtar, vol.2, pg.177/178; Alamgiri, vol.1, pg.211]

Similarly, if he made the intention after the Zahwa-e-Kubra and he was not fasting, then this Man’nat is invalid, because he cannot make the Niyyat of Fasting now, and even if he is able to make the Niyyat of Fasting. For example, before Zahwa e Kubra, then even in this situation the Man’nat is invalid, because it will be Nafil Fast, and in this type of I’tekaaf, the Waajib Fast is required.

Law 11: It is not necessary that the fast should be specifically kept for the I’tekaaf, but it is necessary to be fasting, even if it is not with the Niyyat of I’tekaaf. For example, if a person made Niyyat for the I’tekaaf of Ramadaan, then the Fasts of Ramadaan are sufficient for that I’tekaaf to be valid, and if he keeps the fast of Ramadaan but does not perform this I’tekaaf (which he intended), then, in this case, he should fast for one month and perform I’tekaaf with it. If he does not do this, in other words, if he kept fast but did not perform I’tekaaf (as he intended), and the next Ramadaan has come, then the Fasts of the second Ramadaan are not sufficient for this I’tekaaf (which he had initially intended). Similarly, if he kept fast for some other Waajib reason, then this I’tekaaf will also be invalid with these fasts, and it is now necessary for him to fast specifically for that I’tekaaf (which he intended). In the case, where he intended to perform I’tekaaf (for the entire Ramadaan as per Man’nat) and he neither kept fast, nor did he perform the I’tekaaf, and afterwards if he is keeping the Qaza of those fasts, then with these fasts, he may also perform the I’tekaaf of Man’nat. [Alamgiri, vol.1, pg.211; Durr-e-Mukhtar, Raddul Muhtar, vol.2]

Law 12: If he had kept Nafil Fast and he then intended I’tekaaf for that day, then this Man’nat is invalid, because Nafil Fast is not sufficient for Waajib I’tekaaf, and this Fast cannot be regarded as Waajib. [Alamgiri, vol.1, pg.211]

Law 13: If he made Niyyat of I’tekaaf for one month (and did not specify Ramadaan), he cannot fulfil this in Ramadaan, but he will have to fast specifically for that I’tekaaf. [Alamgiri, vol.1, pg.211]

Law 14: If a female took a Man’nat to perform I’tekaaf, the husband has the right to stop her. In this case, she will only fulfil it if the Baa’in (Talaaq) becomes applicable to her or after the death of her husband. Similarly, a handmaid can be stopped from his by her master. She will fulfil it only after she has been freed. [Alamgiri, vol.1, pg.211]

Law 15: If the husband permitted the wife to perform I’tekaaf, and he now wishes to stop her from it, then in this case he cannot stop her. Also, if a master permitted his handmaid to perform it and then he stops her, then he is not at liberty to now stop her (after permitting her initially). If he stops her, he will be sinful. [Alamgiri, vol.1, pg.211]

Law 16: If the husband permitted the wife to perform I’tekaaf for one month and if the wife wishes to perform I’tekaaf continuously for the entire month, then the husband has the right to command her to perform it a little at a time until the (I’tekaaf) of one month is fulfilled. However, if, he permitted her to do so in a specific month, then in this case he now has no choice (in this matter). [Alamgiri, vol.1, pg.211]

Law 17: In the Waajib I’tekaaf, it is Haraam (forbidden) for the Mu’takif to leave the Masjid without any valid reason. If he leaves, the I’tekaaf will be invalidated, even though he does so forgetfully. Similarly, the Sunnat I’tekaaf will also be invalidated if he leaves (the Masjid) without a valid (Shar’i) reason. Likewise, if a female performed the Waajib I’tekaaf or Masnun I’tekaaf in the Masjid-e-Bayt, she is not permitted to leave there without a valid reason. If she comes out of there, even though she may be in the (same) house, the I’tekaaf is invalidated. [Alamgiri, vol.1, pg.212; Raddul Muhtar, vol.2, pg.180]

 

Two reasons why a Mu’takif may leave the Masjid;

1. Haajat-e-Tab’i

In other words, that which cannot be fulfilled in the Masjid, such as if he needs to pass urine or stool, cleanse impurities, or perform Wudu or Ghusl. The condition with regards to Ghusl and Wudu is that he should not be able to accomplish this in the Masjid. In other words, if there is no such thing in the Masjid wherein he can gather the water of the Wudu or Ghusl, so that not even a single drop of water falls in the Masjid, as it is impermissible to drop the water of Wudu or Ghusl in the Masjid. However, if there is a basin (or trough etc.) available (in the Masjid) and he is able to perform Wudu in it, in such a manner that a single drop does not spill into the Masjid, then in this case it is impermissible for him to leave the Masjid. If he leaves, the I’tekaaf will be invalidated. Similarly, if there is a place made in the Masjid for Wudu or Ghusl, or if there is a Haudh (pond) present there, he will now not be permitted to leave the Masjid.

2. Haajat-e-Shar’i

In other words, to go out for Eid or Jummah, or to go onto the Minaret to call out the Azaan, in the case when the access to the Minaret is outside. If the access to the Minaret is inside the Masjid, then even a non-Muaz’zin is permitted to go onto the Minaret, and this is not only specific to the Muaz’zin (i.e. if the access to the Minaret is inside the Masjid). [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.181]

Law 19: If he (the Mu’takif) went to answer the call of nature, he should return immediately after performing ablution. He is not permitted to wait. If the home of the Mu’takif is far away from the Masjid, and the home of his friend is near the Masjid, it is not necessary that he should go to answer the call of nature at the home

of his friend, but he may also go to his own home. If he has two homes, and one is nearby and one is far away, then he should go to the one which is closer, because some Masha’ikh has mentioned that if he goes to the one which is further away, then the I’tekaaf will be void. [Raddul Muhtar, vol.2, pg.180; Alamgiri, vol.1, pg. 212]

Law 20: If Jummah (Namaaz) takes place at a nearby Masjid, then he should go there after the sun descends, at such a time in which he is able to perform his Sunnats before the second Azaan. If the Masjid is further away, then he may leave even before the sun starts to descend, but he should go estimating that he will reach there in time to perform his Sunnats before the second Azaan. He should not go too early, and this is based on his assumption, i.e. in the situation where he knows that when he reaches there, he will only have sufficient time to perform his Sunnats before the second Azaan. He should perform the four Raka’at of Sunnat after the Fard and then immediately return, and if he has to perform ‘Zuhr Ihtiyaati’ (i.e. Zuhr performed as a precautionary measure), then he should perform it after returning to the Masjid wherein he is performing his I’tekaaf. If he does not return after performing his latter Sunnats, but he remains there, or if he completes his I’tekaaf there, then even in this case his I’tekaaf will not be invalidated, but to do so is Makruh (disapproved). All these rules will only be applicable if Jummah does not take place at the Masjid in which he is performing his I’tekaaf. [Durr-e-Mukhtar, vol.2, pg.181/182]

Law 21: If one performed I’tekaaf in a Masjid wherein Jama’at does not take place, he is permitted to leave the Masjid for Jama’at (at another Masjid). [Raddul Muhtar, vol.2, pg.182]

Law 22: If one tied the Ehraam of Hajj or Umrah during the period of I’tekaaf, he should only go after performing his I’tekaaf, and if the time is insufficient, meaning that if he completes the I’tekaaf, then the Hajj will become void, then, in this case, he should go for Hajj and then thereafter he should repeat the I’tekaaf afresh. [Raddul Muhtar, vol.2, pg.182]

Law 23: If the Masjid (in which he is performing I’tekaaf) has collapsed, or if he was removed from the Masjid forcefully, and he immediately went to another Masjid, the I’tekaaf will not be invalidated. [Alamgiri, vol.2, pg.212]

Law 24: If one left the Masjid to save someone who is drowning or burning, or if he left to give testimony, or if he went out for Jihad when everyone was asked to come for Jihad, or if he went to visit a sick person; or to join Janaazah Namaaz, even though there is no other person to there to read the Janaazah Namaaz, then in all the above situations the I’tekaaf is invalidated. [Alamgiri, vol.2, pg.212]

Law 25: If a female was Mu’takif in a Masjid (which is disapproved of) and she has been given Talaaq, then she should return home and complete the I’tekaaf (at home). [Alamgiri, vol.2, pg.212]

Law 26: If when making Niyyat for I’tekaaf of Man’nat one said that he will go out to visit the sick, and for Janaazah Namaaz, or to partake in educational gatherings, then this condition is permissible. If he now leaves for these reasons, the I’tekaaf will not be invalidated. However, it is not sufficient to make this Niyyat in one’s heart, but it is necessary to utter it with the tongue (i.e. audibly). [Alamgiri, vol.2, pg.212; Raddul Muhtar, vol.2, pg.184, etc.]

Law 27: If he (the Mu’takif) goes out to pass urine or stool and is stopped on the way by his debtor, the I’tekaaf is invalidated. [Alamgiri, vol.2, pg.212]

Law 28: It is Haraam for a Mu’takif to perform Watee (i.e. to bed a female) or to kiss her, touch her or embrace her, i.e. for a Mu’takif all these are all Haraam. In any case, intercourse will invalidate the I’tekaaf, even if there is Inzaal (seminal discharge) or not, and even if this is done with intent or forgetfully, be it in the Masjid or outside, and be it in the day or at night. If with the exception of intercourse, there is Inzaal in any of the other above-mentioned issues, the I’tekaaf is invalidated, otherwise not. If one has Ihtilaam (nocturnal emissions), or one had seminal discharge due to thinking of something, or by looking, then the I’tekaaf will not be invalidated. [Alamgiri, vol.2, pg.213, etc.]

Law 29: If a Mu’takif forgetfully ate something in the day, the I’tekaaf is not invalidated. Swearing (being vulgar) and fighting does not invalidate the I’tekaaf, but it becomes void of Noor (light) and blessings.

Law 30: A Mu’takif is permitted to perform Nikah, and if he has given his wife the Raj’i (revocable) Talaaq, he is even allowed to revoke it, but if he leaves the Masjid for any of these reasons, the I’tekaaf will be invalidated. [Alamgiri, vol.2, pg.213; Durr-e-Mukhtar, vol.2, pg.184] For him (the Mu’takif) to perform Rij’at (revoke the Talaaq) by way of intercourse or kissing etc. is Haraam, even though the Rij’at will take place.

Law 31: If a Mu’takif ate something which is Haraam or took an intoxicant (drug) etc. at night, the I’tekaaf will not be invalidated. [Alamgiri, vol.2, pg.213] However, he is accountable for the sin of that Haraam and he must make Taubah (repent sincerely).

Law 32: If he is overcome by unconsciousness and insanity for a lengthy period of time, which does not allow him to fast, then the I’tekaaf will be invalidated, and the Qaza for it is Waajib, and this applies even if he regains good health after many years. If he becomes demented, then after regaining health, the Qaza is Waajib upon him. [Alamgiri]

Law 33: The Mu’takif should only eat, drink and sleep in the Masjid. If he goes out of the Masjid for these reasons, the I’tekaaf will be invalidated. [Durr-e-Mukhtar, vol.2, pg.184, etc.] When eating and drinking, it is very important to be careful not to mess up the Masjid.

Law 34: None other than a Mu’takif is permitted to eat or drink in the Masjid, and if one wishes to do any of these, he should make the Niyyat of I’tekaaf and enter the Masjid. He should then perform some Namaaz and Zikr e Ilaahi and thereafter partake in it (eating or drinking). [Raddul Muhtar, vol.2, pg.184]

Law 35: It is permissible for a Mu’takif to buy or sell something in the Masjid to fulfil his own necessities or that of his children and family, on condition that those items are not in the Masjid. In addition, even if they are present in the Masjid, they should be so few that they do not take up space (in Masjid), and if he buys or sells with the intention of doing business, then this is not permissible, even though the items are not in the Masjid. [Durr-e-Mukhtar, Raddul Muhtar, vol.2, pg.184]

Law 36: If the Mu’takif remains silent with the Niyyat of Ibaadat, in other words, if he regards remaining silent as something which will afford him Sawaab, then to do so is Makruh Tahreemi. And if he remains silent, regarding it as a means of Sawaab, then there is no harm in remaining silent, and if he remained silent to avoid partaking in evil talk, then this is not Makruh but is in fact a very honourable act because it is Waajib to save the tongue from an evil talk. That which neither warrants sin nor Sawaab, i.e. that which is Mubah is also Makruh for the Mu’takif, because Mubah (lawful) conversations be it due to needing or without need inside the Masjid, eats away your virtuous deeds just as fire eats away at the wood. [Durr-e-Mukhtar, vol.2, pg. 185]

Law 37: (The question arises that) If a Mu’takif should not remain completely silent and he should not speak as well, then what should he do? (The answer to this is that) He should recite the Qur’an e Majeed; he should read Hadith Shareef and recite Durood Shareef in abundance. He should teach and learn knowledge of Deen, and he should study the lives and ways of Nabi Kareem ﷺ and the other Ambia and the narratives related to Awliyah and Saliheen, and he should write on the issues of Deen. [Durr-e-Mukhtar, vol.2, pg.185]
Law 38: If a person took a Man’nat to make I’tekaaf for one day, the night is not included in this. He should enter the Masjid before the time of Fajr commences, and he should return after the sun has set. If he takes a Man’nat to make I’tekaaf for two or three days or for more than that, or if he made Niyyat of I’tekaaf as Man’nat for two or three nights or more than that, then in both situations if he only takes this to mean the days or only the nights, then the Niyyat is valid. In the first situation, the Man’nat is proper and I’tekaaf is only Waajib during

the days. In this situation, he has the choice to either make the I’tekaaf of all the days continuously, or he may spread them out. In the second situation, the Man’nat is invalid (not proper), because the condition for I’tekaaf is fasting and there is no fasting at night. In addition, in both situations if both the days and night are being referred to, or if there was no Niyyat, then in both situations, the I’tekaaf of the day and night are Waajib, and to perform I’tekaaf for the said number of days without a break is necessary, and they cannot be spread out (over a period of time). Also, in this situation, it is necessary that the I’tekaaf should commence on the night which appears before that day. Thus, he should enter the I’tekaaf before sunset, and he should only exit on the final day after sunset. If he intended the Man’nat of the day, and he says, ‘I meant the night when I said day’, then this Niyyat is not valid. The I’tekaaf of both the day and the night is Waajib. [Jauhira, Alamgiri, vol.2, pg.213/214; Durr-e- Mukhtar, vol.2, pg.196/197]

Law 39: If a person took a Man’nat to perform I’tekaaf on the day of Eid, he should fulfil it on any other day on which it is permitted to keep fast. If he made Niyyat of Yameen (swearing an Oath), he should give Kaffarah, and if he fulfilled it on the day of Eid, then the Man’nat has been discharged, but he is sinful. [Alamgiri, vol.1, pg.214]

Law 40: If a person made a Man’nat for I’tekaaf on a particular day or month, then he may discharge this even before (the said day); in other words, as long as it is not Mu’allaq (suspended). If he took Man’nat of I’tekaaf in the Masjid Shareef, he may also perform the I’tekaaf in another Masjid. [Alamgiri, vol.1, pg.214]

Law 41: If he took a Man’nat to make I’tekaaf in the month which has already passed, then this is invalid. Allah Forbid, if a person took a Man’nat and then became an apostate (murtad), the Man’nat has fallen away, and if he becomes a Muslim again, then the Qaza for that is not Waajib. [Alamgiri, vol.1, pg.214]

Law 42: If a person took a Man’nat to perform I’tekaaf for one month but then passed away; then in this case for every day, an amount equivalent to Sadqa e Fitr should be given to a Miskeen (deserving person). This is on condition that the Niyyat was of Man’nat, and it is Waajib upon him to discharge the Man’nat, and if he did not discharge the Man’nat, but his heirs gave Fidya on his behalf, then to it is permitted. If a sick person took a Man’nat and then died; then if he had become well even for a single day (during his illness), then for every day, the amount equivalent to Sadqa e Fitr should be given out, and if he did not recover even for a single day (during the illness), then nothing is Waajib. [Alamgiri, vol.1, pg.214]

Law 43: If a person made took a Man’nat to perform I’tekaaf for one month, then it is his choice to make I’tekaaf in whichever month he decides to. However, it is Waajib for him to sit in I’tekaaf continuously. If he says my aim of saying one month only referred to the days and not the nights, then this will not be accepted. The I’tekaaf of both the day and the night is Waajib. If he said three days, then the ruling is the same. However, if whilst taking the Man’nat he says that the I’tekaaf is only for the days in the one month and not for the nights, then in this case only the I’tekaaf of the days is Waajib, and now he even has the choice to perform the I’tekaaf of the thirty days over a time frame. If he says that he will make I’tekaaf for the nights of one month and not in the days, then there is nothing. [Jauhira, Durr-e- Mukhtar, vol.2, pg.187]

Law 44: If one leaves the Nafil I’tekaaf, there is no Qaza, as this ends right there. If a person sat for the Masnun I’tekaaf, in other words, for the last ten days of Ramadaan, and he broke this, then in this case, he should only keep Qaza for the one day which he broke. It is not Waajib for him to make Qaza for the entire ten days. If he broke the Man’nat of I’tekaaf, then in this case if it was stipulated with regards to a particular month, then he should also perform Qaza for the remaining days. However, if it is Waajib to keep it continuously, then one should commence with I’tekaaf afresh, and if was not Waajib continuously (one after the other), he should complete the remaining I’tekaaf. [Raddul Muhtar, vol.2, pg.182]

Law 45: The Qaza of I’tekaaf does not only apply if it was broken intentionally but if one left it out due to some valid Shari’ excuse. For example, if one left it out due to some illness, or if he left it because he had no other choice. For example, if a female has Haidh and Nifaas, or if a person was afflicted by unconsciousness or insanity for a lengthy period of time, then Qaza is also Waajib for this. If only a few have been left out, then there is no need for Qaza for all, but the Qaza for those few left out should be performed. If all were omitted, then the Qaza of all of it must be done. In Man’nat, it is Waajib to fulfil it one after the other (altogether), so the Qaza as well must be kept one after the other (i.e. without any break). [Raddul Muhtar, vol.2, pg.186]