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Fiqh Rules Of Ramadan - Islam for Muslims - Nairaland

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Fiqh Rules Of Ramadan by eluquenson(m): 9:58am On May 18, 2018
Assalamu alaykum warahmatullahi wabarakaatuhu

O servants of Allah! I congratulate you and myself on the commencement of the glorious month of Ramadan today. It does appear that the whole Muslim Ummah in Nigeria and abroad started this Ramadan today. It is important to know that this is a month wherein Almighty Allah is testing the patience and obedience of His creation so that those who excel will be adorned with His Grace and endless Bliss.
We discussed some of the rules of fasting in last week`s Khutbah and emphasised that fasting has its rules which must be observed for its validity to make it acceptable by Allah. These rules also come by way of the opinion of scholars represented by their madhhabs. Insha Allah, the discussions of the rules of fasting presented herein are according to the madhhab of Imam Malik ibn Anas (RA) as presented by Ibn Abu Zayd al-Qayrawani in his Risalah.

Linguistically "siyam" means to restrain and abandon. Whoever forgoes something is said to be fasting. Allah Almighty says in the story about Maryam, "I have vowed a fast to the All-Merciful," (Q19:26) meaning a silence, which is withholding from words. In the Shari'a, it is to restrain the appetites of the stomach and genitals from dawn to sunset with an intention before or at dawn except in days of menstruation, lochia and 'ids. Fasting is divided into the obligatory and non-obligatory. [Khalil: tobacco is also avoided in the fast.]

Fasting the month of Ramadan is obligatory.

It is obligatory by the Book, the Sunna and consensus. Whoever denies that it is obligatory to fast Ramadan is an unbeliever by agreement. Whoever affirms its obligation and refuses to fast it is a rebel and is compelled to do it. The fast of Ramadan begins by one of two things, either by the month of Sha'ban lasting 30 days or by sighting the new moon.


Preconditions for the fast

1. The intention: You should make an intention to fast the whole month at the beginning of the month and it is not necessary to make a new intention every night for the rest of the month.

[He should formulate the intention with his heart the first night of Ramadan after sunset and before dawn or at dawn as an act of nearness to Allah Almighty by performing what is obliged of him during the day of refraining from eating, drinking and intercourse. It is not an obligation to make the intention on the rest of the days. Malik says that the intention must be made at night, and that is stated by ash-Shafi'i and Abu Hanifa, because the days of the month are individual acts of worship separate from one another. The invalidation of one does not invalidate another, and they are not impaired by what is contrary to them at night, like eating, drinking and intercourse. So the days become like the five prayers during the day. It is obliged to give day an intention for the fast as it is obligatory to have an intention for every prayer. The evidence of the Maliki School is the words of the Almighty, "So every one of you who is present (at his home) during that month should spend it in fasting.." (Q2:185)

This command is transferred to one fast, which is the fast of the month. The intention is made in the night based on what the authors of the Sunan reported of the words of the Prophet: ""Whoever does not intend the fast before dawn has no fast." Advancing it is overlooked in the fast because of the difficulty. Ibn Naji said, "The literal words of the shaykh is that it is not obliged for someone who breaks the fast, like the menstruating women, to renew the intention. That is the case according to Ashhab and others. There remains the sick person and traveller when they continue to fast. They are obliged to make the intention every night because it is not oblgiatory for them to continue. When the sick person becomes well and the traveller arrives, the intention for what remains is enough for them, like the menstruating woman who becomes pure, the child who reaches puberty in the fast, and the kafir who becomes a Muslim during the month.]

2. The other preconditions are: Islam, Sanity, Being free of menstruation and lochia, Refraining from things that break the fast, The ability to fast, and Adulthood. The fast of Ramadan is strictly for the Muslims; any other person who is not a Muslim who engages in the fast with the Muslims cannot be said to be observing the fast of Ramadan. Against this background, the one who is observing the fast is mandated to observe the other pillars of Islam and operate within the confine of the Islamic prohibitions for his fast to be valid. The one who fasts but does not pray can equally be said not to be observing the Muslim fast of Ramadan.

Duration of the fast

You fast until night comes. [Based on the ayat and because the Prophet said in the Sahih, "When night advances from there and the day retreats from here and the sun sets, the faster breaks the fast."]

And it is sunna to break the fast as soon as possible. [When you are certain the night has come. There is disagreement about continuing after sunset. Some say that it is unlawful as it is unlawful on the Day of the 'Id. Some say it is permitted and he has the reward of the faster. The fiqh of the question that he has the reward of the faster is weak. The statement that it is unlawful is more likely unless his intention is that it is obliged for him. Otherwise, it is disliked when it is without necessity.]

And to delay your suhur. If you are not sure if the time of fajr has come or not you should not eat. [Sahur means what is eaten and suhur is the act of eating. The amount of the best delay after finishing eating and drinking there remains until Fajr the amount of time it takes to recite 50 ayats. The basis for this is the words of the Prophet (SAW), "My community will continue to be all right as long as they hurry to break the fast and delay the sahur." (Ahmad) If he is unsure of the time of Fajr, he should not eat or drink or have intercourse. This can mean prohibition or dislike. The well-known position is that it is a prohibition. If he is unsure about sunset, it is unlawful to eat and otherwise break the fast by agreement.]

You do not fast the 'day of doubt' (fasting on the grounds that it might be part of Ramadan). [This prohibition is one of dislike according to the probable text of the Mudawwana. Ibn 'Abdu's-Salam said, "What is probable is that it is a prohibition based on what at-Tirmidhi related in a hasan sahih hadith: 'Ammar ibn Yasir said, "Whoever fasts the Day of Doubt, has rebelled against Abu'l-Qasim (the Prophet)."
We consider the Day of Doubt which is forbidden to fast to be the day when it was cloudy on the night of the 29th and vision was not established, and so the morning of that night is the Day of Doubt.]

If you do this it is not counted even if it turns out to have been Ramadan. [If you fast the Day of Doubt out of caution and then it is established to be Ramadan, it is not counted because the intention was not firm.] If you want to fast that day as a voluntary fast, however, you can do so. [i.e. this is when it is your custom to fast.]

If you get up in the morning and discover, before having eaten or drunk anything, that Ramadan has begun you must fast the rest of the day but you cannot count it as one of the days of your Ramadan and you have to make up a day. [If this happens, you have to make it up by the lack of the intention. Nevertheless you must avoid food and drink and anything that would invalidate the prayer for the rest of the day. It is also obligatory for him to fast if he has eaten or drunk or the like. He makes it up, but there is no kaffara since he forgot or it was not intentional by interpretation. If it is something else, then he must do kaffara.]

If someone returns from a journey and they are not fasting or if a woman finishes menstruating during the day then in both these cases it is alright for them to eat and drink during the remainder of that day.
[This in the daytime. It is not recommended for them to refrain. It is the same in the case of the child who reaches maturity, the madman who recovers his senses, the sick person who starts out not fasting and then becomes well. It is the same for the one who faints and then regains consciousness, the one compelled by the necessity of hunger or thirst, and the nursing woman whose child dies in the day. It is the same for an unbeliever who becomes Muslim, although it is recommended for him to refrain which is not the case with the others. As for the one who breaks his fast by forgetfulness or on the Day of Doubt or is forced to break it, and their excuse is removed, then it is obligatory for them to refrain. When the one forced breaks his fast after the compulsion is removed, he must make it up with kaffara unless there was a valid interpretation.]



Things which break or do not break the fast

1. Siwak (tooth stick/brush): There is no harm in using a siwak at any time during the day while you are fasting.
[This is stated in the Mudawwana. It means it is permissible, as Ibn al-Hajib stated, "The siwak is permitted every day as long as nothing splits off from it. It is disliked to moisten it." Some of them said that it is permitted after midday for the one who does not have a legal requirement. As for a legal requirement like wudu', the prayer, recitation and dhikr, it is recommended. That is correct as the hadith shows in the words of the Prophet, "If it were not that it would be hard on my communtiy, I would have commanded them to use the siwak for every prayer." So this includes the person who is fasting.
When he says, "during the day while you are fasting" that alludes to the words of ash-Shafi'i and Ahmad ibn Hanbal that it is preferred before midday and disliked after it based on what is in the Sahih where the Prophet (SAW) said, 'The odour of the the mouth of the faster is sweeter with Allah than the scent of musk." That is because of Allah's pleasure with him and His praise for the faster.]

2. Blood-letting (blood-letting is not disliked except if doing it will cause over-exhaustion.): [i.e. illness. In the dictionary, it means to expose oneself to death. Therefore cupping is only disliked when illness is feared because he is unsure about health and its absence. If he knows it is safe, there is no dislike.]

3. Vomiting: If you vomit involuntarily while fasting in Ramadan you do not have to make up the day. [If it is in Ramadan or another day, there is no obligation or recommendation to make it up, whether it is for a reason or simply on account of fullness, and whether the food has been altered or not. This is when he knows that none of it went back to his stomach after reaching his mouth. If he knows that some of it went back after it reached his mouth, then he must make it up when it is unintentional. Otherwise he owes kaffara. He must also make it up if he is unsure about that. Undigested food is like vomit. It is what emerges from the mouth of the intestines when they are full. As for phelgm which reaches the end of the tongue and he swallows it deliberately, there is no making up. It is the same with spit which he collects in his month and then swallows. He does not have to make anything up.]

4. But if you make yourself vomit you have to make up a day. [There are two statements about whether this is obligatory or recommended. Ibn al-Hajib says that the first (obligatory) is well-known, and it is preferred. Ibn al-Jallab preferred the second (recommended). The literal words of the Shaykh is that there is no kaffara for the one who makes himself vomit in Ramadan. There is some disagreement in the question about whether or not there is kaffara. 'Abdu'l-Malik said that he makes it up and does kaffara. Ibn al-Majishun says that the one who makes himself vomit intentionally without illness must make it up and do kaffara. Abu'l-Faraj says that if Malik had been asked about the like of it, he would have obliged kaffara. It is related from Ibn al-Qasim that he just makes it up.
Know that breaking the fast in Ramadan is obligatory in certain cases and permitted in some. The first category is when a woman menstruates during the day: she must break the fast for the rest of the days.]

5. Pregnant women- If a pregnant woman is afraid on account of the child in her womb she could break the fast. She does not have to feed anyone in expiation. It has also been said that she should feed people. [If she fears for her child or herself or that she will become ill, she breaks the fast and that is obligatory. According to the well-known position, she does not feed people, but simply makes it up. It is said that she should feed as related by Ibn Wahb. What is understood from his words is that it is when she does not fear, she does not break it even if the fast exhausts her. That is not the case. If the fast exhausts her, she can choose to break it. What is derived from what Ibn 'Arafa says is that the pregnant woman, nursing woman and sick person can break the fast when fasting if it is difficult for them, even if they do not fear illness or its increase. The healthy person cannot break the fast when it is difficult. There are two statements about whether he breaks the fast out of fear of illness. Part of the second, which is that illness permits it in some cases, is when he fears increased or continuing illness. If he fears death or great harm, then he must break it. In the fear which permits breaking the fast, the person relies on the doctor's statement, or his own personal experience, or the experience of someone with a constitution like him. Travel has its preconditions which will be discussed.]

6. Nursing women- Similarly, if a nursing mother fears for her child and cannot find a wet nurse, or if the child will not accept to be fed by anyone else, she can break the fast but she must feed people in expiation. [This is permission if she fears for her child or herself on account of fasting. In such a case she must feed people. It is also said that it is an obligation to break the fast and feed people.]

7. The old- If an old man cannot fast, it is recommended for him to feed people. [If he is unable to fast at any time, he is permitted to break the fast by the words of Allah, "No self is charged beyond what it can bear,"(Q2:233) and "He has not placed any constraint on you in the deen." (Q22:78) The literal text of the Mudawwana is contrary to what he mentioned of the recommendation to feed. He says that there is no fidya. However, the Mudawwana relates that he is not obliged to feed and so that is not contrary to the recommendation.]
Feeding people (Fidya)

1. Its amount- Feeding people in this context consists of giving away one mudd for each day which has to be made up. [Feeding is done by the pregnant woman fearful for what is in her womb, the nursing mother who fear for her child, and the very old man who cannot fast is a mudd, by the Prophet's mudd.]

2. Its ruling- Someone who fails to make up missed days before the following Ramadan should also feed a poor person for each day they still owe.
[The ruling varies because the feeding done by an old person, as was said, is recommended. The feeding of a nursing woman is obligatory. The literal sense of his words is that making up Ramadan is at leisure, and it is what is indicated by the hadith of 'A'isha in the Muwatta'. She said, "I used to have to make up days from Ramadan and not be able to fast them until Sha'ban came because I was busy with the Messenger of Allah." So it is evident that it is permissible to delay it until Sha'ban, even if what was delayed becomes immediately obligatory. That shows that the obligation is wide. Malik said that it should be immediate, but that is weak. According to the first statement, he is considered to be lax in Sha'ban when he is healthy and at home, and so they must feed. When he owes 15 days, then residence and health are considered at the last half of Ramadan and feeding is obligatory if he is sound and resident. If he is ill in it or on a journey, there is no feeding. According to the second, laxity is considered in Shawwal according to what he owes of fasting based on analogy with what we said about Sha'ban. If Ramadan is 30 and he fasts a month to make it up and it is 29, then he completes the 30. It is permitted to make it up at any time in which it is permitted to fast voluntarily. It is not made up in days when it is forbidden to fast.]

3. Children- Children are not obliged to fast until such time as a boy has his first wet dream or a girl her first menstrual period because it is when children reach physical maturity that all the physical acts of worship become obligatory for them. Allah ta'ala says, "When your children reach physical maturity they should seek permission (to enter)." (Q24:59)

[One of the preconditions for the fast is being an adult. It is neither obligatory nor recommended for children to fast. Maturity is by ejaculation or age which is 18 in the well-known position. This is different from the prayer. It is recommended to command them to do it. Maturity is what brings the person from childhood to manhood and sense. All acts - prayer, fasting, hajj - are obligatory for them, as well as actions of the heart, like the obligation of intentions which are obligatory because the intention is one of the actions of the heart, and creeds like the belief that Allah is One, for example. Evidence that obligations become incumbent on children when they reach maturity is in the words of Allah Almighty. Asking permission is obliged then and is connected to maturity.]

4. Defilements- If someone who has not done ghusl wakes up after fajr in a state of janaba or if the period of a woman who has been menstruating finishes before fajr and she does not do ghusl till after fajr, then fasting that day is valid in both these cases.
[This is either from intercourse or an intentional or unintentional wet-dream in an obligatory or voluntary fast, or a woman has her period stop and sees that she is pure before fajr. If they do not have a ghusl until after dawn, even if they are able to do, their fast is still allowed and they owe nothing. The validity of the fast of the person in janaba is that it is confirmed that the Prophet was in janaba at fajr in Ramadan and he had a ghusl and fasted. As for the validity of the menstruating woman whom becomes pure before fajr in Ramadan, it is agreed that that is when she is pure before fajr with the amount in which she could wash. According to the well-known position that also applies to the amount of time in which it is not possible to wash. If she becomes pure after fajr, her fast is not valid.]

Ramadan Kareem!
Re: Fiqh Rules Of Ramadan by bless09: 11:34pm On May 26, 2018
Asalam alaekum my brothers and sisters in islam i need your help to get food to eat during this rammadan (sahoor and iftar) please help me nothing is s
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Re: Fiqh Rules Of Ramadan by bless09: 11:36pm On May 26, 2018
Asalam alaekum my brothers and sisters in islam i need your help to get food
to eat during this rammadan (sahoor and iftar) please help me nothing is small. GTBank 0030391049

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