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BOOK I: FASTING
Table of Contents:
i1.0 FASTING RAMADAN(O: The month of the fast is the best of months, and it is one of the distinctive features of this Community (Umma); that is, as now practiced, a fact not contradicted by the word of Allah Most High,
the resemblance interpreted as referring to fasting without other qualification, not to its amount and time. Fasting Ramadan is one of the pillars of Islam (def: u2) by scholarly consensus (ijma'). Bukhari and Muslim relate that the Prophet (Allah bless him and give him peace) said,
WHO MUST FAST RAMADANi1.1 Fasting Ramadan is obligatory for:
THOSE NOT OBLIGED TO FAST RAMADANi1.2 The following are not required to fast:
None of the above-mentioned is obliged to fast or to make up missed fast-days, though someone who misses a fast because of (4) above must give 0.51 liters of food (def: h7.6 (A)) for each fast-day he misses. i1.3 The following are not required to fast, though they are obliged to make up fast-days missed (A: making up, according to our school, meaning that one fasts a single day for each obligatory fast-day missed):
If the ill person or traveller take it upon themselves to fast, it is valid, though a fast by someone who has left Islam, or a woman in menstruation or period of postnatal bleeding is not valid. When not fasting on a day of Ramadan, if a non-Muslim becomes a Muslim, an insane person regains his sanity, or a child reaches puberty, it is recommended but not obligatory that they fast the rest of that day and make up the fast later. A child who reaches puberty while fasting on a day of Ramadan is obliged to fast the rest of the day, and is recommended to make it up. A woman whose period ends during a day of Ramadan is recommended to fast the rest of the day is obliged to make up the fast (O: and the fast-days prior to it missed during her period or postnatal bleeding). i1.4 If the testimony of a witness (O: that the new moon has been seen during the previous night) is made during a day (N: that was initially) uncertain as to whether it was the first of Ramadan, then it is obligatory (O: for people) to fast the rest of the day and to make it up later. i1.5 A child of seven is ordered to fast, and at ten is beaten for not fasting (N: with the reservations mentioned at f1.2). i1.6 Excessive hunger or thirst, meaning likely to cause death or illness, are legitimate excuses not to fast, even when they occur on a day one has already begun to fast, as soon as the fast becomes a hardship. i1.7 It is permissible not to fast when travelling, even when the intention to fast has been made the night before, provided that the journey is at least 81 km./50 mi one way, and that one leaves town (def:f15.6) before dawn. If one leaves after dawn, one is not entitled to omit the fast. It is preferable for travellers not to fast if fasting would harm them, though if not, then fasting is better. i1.8 A woman who is breast-feeding a baby or is pregnant and apprehends harm to herself or her child may omit the fast and make it up later, though if she omits it because of fear (A: of harm) for the child alone (O: not for herself) then she must give 0.51 liters of food (def:h7.6(A:)) in charity for each day missed, as an expiation (A: in addition to making up each day).
SIGHTING THE NEW MOONi1.9 Fasting Ramadan is only obligatory when the new moon of Ramadan is sighted (O: i.e in respect to the person who sees it, though for those who do not see it, it only becomes obligatory when the sighting is established by the testimony of an upright witness (def:o24.4)). If it is too overcast to be seen, then (n: the preceding lunar month of) Sha'ban is presumed to last for thirty days, after which people begin fasting Ramadan. If the new moon is sighted during the day (O: before noon on the last of the thirty days), it is considered as belonging to the following night (O: and the ruling for that day does not change). If the moon is seen in one city but not another, then if the two are close (O: i.e. in the same region), the ruling (n: that the new month has come) holds for both. But if the two are not close, then not (O: i.e. the people far from the place where it was seen are not obliged to fast), not close meaning in different regions, such as the Hijaz, Iraq, and Egypt. i1.10 The testimony of a single witness (N: that the new moon has been seen) is sufficient to establish that the month of Ramadan has come, provided the witness is upright (Def o24.4), male, and responsible for the duties of Islam (O: which excludes boys who have reached the age of discernment but not puberty). i1.11 If a person knows by calculations of lunar movements or the positions of the stars that the next day is Ramadan, fasting is nevertheless not obligatory (O: for him or the public), though it is permissible for him alone. i1.12 If it is difficult to learn which month it is, for someone imprisoned or the like (O: such as someone being held in a dark place who cannot tell night from day, or someone who does not know when Ramadan has come because of being in a land without habitations or people who know when it is), then such a person is obliged to reckon Ramadan as best he can and to fast it. Such a fast is valid if it remains unknown as to whether the month fasted actually coincided with Ramadan, or if it did coincide with it, or if the month fasted occurred after it, though if the month fasted was before Ramadan, it is not valid.
THE CONDITIONS OF A VALID FASTi1.13 The conditions of a valid fast are:
THE INTENTIONi1.14 One must make the intention to fast for each day one fasts. If the intended fast is obligatory, then the intention must:
The optimal way is to intend (O: in one's heart) to fast the following day as a current performance of the obligation of Ramadan in the present year for Allah Most High (O: fast and of Ramadan being unanimously considered as integeral to the intention, though scholars differ concerning the obligatoriness of intending it as a current performance, an obligation, or for Allah Most High). i1.15 One's intention is valid if on the night before a day of uncertainty (N: as to whether it will be the first day of Ramadan), someone one trusts but who does not have all the qualifications of an acceptable witness (def:i1.10) informs one of having seen the new moon, and relying on this information one intends to fast the next day to fulfill the obligation of Ramadan. and the next day turns out to be Ramadan. But one's fast is not valid if one makes the intention without anyone having informed one of sighting the new moon, no matter whether if one's intention is firm or whether undecided, as when one intends that if the following day is Ramadan, one will fast, but if not, one will not. i1.16 One's fast is valid if on the night before 30 Ramadan, one intends that if the following day is of Ramadan, one will fast, but if not, one will not, and then the next day is of Ramadan (O: since it already is Ramadan and the initial presumption is that it will remain so (dis:e7.6(A:))). i1.17 Nonobligatory fasts are valid by merely making the intention to fast before noon (O: without needing to specify the type of fast).
THINGS WHICH INVALIDATE THE FASTi1.18 Each of the following things invalidates the day's fast when one knows they are unlawful (A: during an obligatory fast) and remembers one is fasting (A: but does them deliberately anyway); and they obligate one to both make up the fast-day later and fast the remainder of that day:
THE CRITERION FOR THINGS WHICH INVALIDATE THE FASTi1.19 The criterion as to whether something invalidates the fast is (N: whether it comes under any one of three headings):
THE EXPIATION FOR VITIATING A FAST-DAY BY SEXUAL INTERCOURSEi1.20 In addition to making up the fast, an expiation is obligatory for fast-days of Ramadan that are (A: deliberately) vitiated by sexual intercourse. (O: The legal occasion of the offense is the particular day of fasting, so that if it were committed on two separate days, two separate expiations would be necessary, though if it were committed twice in one day there would be only one expiation.) The expiation consists of freeing a sound Muslim slave (dis:k32), or if not possible, then to fast the days of two consecutive months. (A: In our school the expiation is only for sexual intercourse, though the Hanafis hold it is obligatory for vitiating the fast for other reasons as well.) If this is not possible, then the expiation is to feed sixty unfortunates (N:0.51 liters of food (def: h7.6 (A:)) to each unfortunate). If one is unable to do this, the expiation remains as an unperformed obligation upon the person concerned. The woman who is made love to is not obliged to expiate it.
THINGS THAT DO NOT BREAK THE FASTi1.21 The fast remains valid if any of the things which break it are done absentmindedly (O: not remembering the fast), out of ignorance (O: that doing the things which break the fast are unlawful, whether this is due to being a new Muslim, or to being born and raised far from Islamic scholars), or under compulsion. Not is it broken by:
EATING OR DRINKING WHEN UNCERTAIN OF THE TIME OF DAWN OR SUNSETi1.22 Making up the fast-day is obligatory if one eats, thinking it is night, but then finds that it is day; or eats, presuming (N: but uncertain) that the sun has set, and the question (O: as to whether one ate before sunset or after) continues and remains unresolved (dis:e7.6 (A:)). It is not obligatory to make up a fast-day on which one ate on the presumption that dawn had not yet come, and the question (O: as to what the case was) remains unresolved (A: since the initial certainty was that it was night).
INVOLUNTARY ACTS WHICH INVALIDATE THE FASTi1.23 A fast-day is invalidated by;
(N: The insane person is not obliged to make up such a day's fast, while the others are.)
RECOMMENDED MEASURES WHILE FASTINGi1.24 A predawn meal is recommended, even if it is slight or consists of water alone (O: and the time for it begins from the middle of the night onwards). It is best to delay it to just before dawn, as long as one does not apprehend dawn's arrival while still eating (O: though when one does not know when dawn is, it is not the sunna to thus delay it). i1.25 It is best to hasten breaking the fast when one is certain that the sun has set. One should break it with an odd number of dates, though if one has none, water is best. It is recommended to say after doing so, "O Allah, for You I fasted, and upon Your bounty I have broken the fast." i1.26 It is recommended in Ramadan:
i1.27 It is recommended to avoid:
THINGS THAT ARE UNLAWFUL OR OFFENSIVE WHILE FASTINGi1.28 It is unlawful to kiss (O: or embrace, or pet with the hand) on fast-days for those it sexually arouses. i1.29 It is unlawful not to eat or drink anything (wisal) between fast-days, though it is not unlawful if one has some water, even a mouthful, before dawn. i1.30 It is offensive during the fast to taste food, or to use a toothstick (def: e3) after noon. i1.31 It is offensive during the fast to line the eyes with kohl (def:e4.1(4)) or to bathe. i1.32 It is offensive (dis:w38) for anyone (O: whether fasting or not) to keep silent all day until night (O: when there is no need to) (A: need including the necessity of restraining the tongue from useless talking (dis:r1.1)).
MAKING UP MISSED FAST-DAYSi1.33 Someone obliged to make up some fastdays of Ramadan is recommended to do so consecutively and immediately. It is not permissible for a person with some unperformed fast-days of Ramadan to delay making them up until the next Ramadan unless there is an excuse (N: for delaying). If one delays until the next Ramadan, one must pay 0.51 liters of food (def: h7.6(A:)) (N: to the poor) for each fast-day missed, in addition to making it up If making up a fast-day is delayed until a second Ramadan comes, then one must pay double this amount for each day. And so forth; every year that passes upon an unfulfilled fast day adds 0.51 liters to be paid for that day. (O: But if one's excuse for not performing them persists, such as travel or illness, then it is permissible for one to delay making them up as long as the excuse is present, even it is lasts for years. One is not obliged to pay the penalty fee for this delay even if several Ramadans go by, but is merely obliged to make up the missed fastdays). If someone dies with unperformed fast-days which he could have fasted but did not, then each fast- day is paid for (N: by the responsible family member) with 0.51 liters of food (N: or he can fast for him (A: in place of paying for each day)). (O: As for someone who dies after two Ramadans elapse upon his missed fast-days, each fast is paid for with 1.02 liters (n: double the above) of food (N: or the family member can both fast a day and pay 0.51 liters for each day (A: i.e. the family member may fast in the deceased's stead for the initial nonperformance of the fast-day, though he cannot fast in place of paying the 0.51 liters of food for each year that making up a fast-day was delayed before the deceased's death, because this is the legal expiation for the delay). As for someone who died before his excuse (n: for not fasting) ceased to exist, nothing at all is obligatory for him).)
i2.0 VOLUNTARY FASTINGDAYS ON WHICH FASTING IS RECOMMENDEDi2.1 It is recommended to fast:
The best fast-days, after Ramadan, are those of Muharram, then Rajab, then Sha'ban. (O: In general, the best month for fasting, after Ramadan and the inviolable months, is Sha'ban (A: there being no objection to fasting an entire month or just part of one). It is recommended to fast on the Day of `Arafa (O: 9 Dhul Hijja), unless one is a pilgrim present at `Arafa (def:j8), when it is better not to fast. It is not offensive for such a person to fast, though it is better for him not to.
FASTS THAT ARE OFFENSIVE OR UNLAWFULi2.2 It is offensive to fast every day of the year (O: besides the two `Eids and the three days following `Eid al-Adha (n: these being unlawful to fast (dis: below) rather than offensive)) if this harms one (O: in body or mind) or causes one not to do something one should do (O: for oneself or others, even if merely recommended). If not, then it is not offensive. i2.3 It is unlawful and not valid to fast (O: whether voluntarily, as a vow, or as a makeup) on the two `Eids or the three days following `Eid al-Adha. i2.4 It is also unlawful and invalid to fast on a day of uncertainty (N: as to whether it is the first day of Ramadan), meaning that on 30 Sha'ban, someone who does not have the necessary qualifications of a witness (def: i1.10) mentions having seen the new moon of Ramadan. Otherwise (O: when no one has mentioned seeing it, or when an acceptable witness has), then it is not considered a day of uncertainty. Fasting on a day of uncertainty is not valid as a day of Ramadan, though it can validly fulfill a vow or a makeup fast. Voluntary fasting on such a day is only valid when one would have fasted anyway because it falls on a day one habitually fasts, or when one has been fasting each day since before mid- Sha'ban. If neither of these is the case, then it is unlawful and invalid to fast on it. It is unlawful to fast during the days after mid Sha'ban unless one would have fasted anyway because they fall on days one habitually fasts, or unless one has been fasting each day since before mid-Sha'ban. i2.5 (Nawawi: (n: with commentary by Muhammad Shirbini Khatib)) It is offensive to single out Fridays or Saturdays ((Shirbini:) or Sundays for fasting, i.e. to single out one of the above-mentioned days when they do not coincide with days one normally fasts. The fast of someone who usually fasts every other day and whose fast coincides with one of these days or with a day of uncertainty is not offensive, because of the hadith related by Muslim, "Do not single out Friday for fasting unless it happens to coincide with a fast one of you performs," similar days being analogous to Fridays in this respect) (Mughni al-muhtaj ila ma'rifa ma'ani alfaz al- Minhaj (y73), 1.447)). i2.6 Once begun, it is unlawful to interrupt either an obligatory fast-day or an obligatory prayer, whether it is current, a makeup, or vowed; though if it is nonobligatory (O: whether wholly supereogatory or linked with a particular event or time), then one may interrupt it (O: but it is offensive to do so if there is no excuse).
i3.0 SPIRITUAL RETREAT (I'TIKAF)i3.1 It is sunna, at any time, to make spiritual retreat (i'tikaf) in the mosque.
LAYLAT AL-QADRi3.2 Spiritual retreat (i'tikaf) is especially recommended in Ramadan, particularly in the last ten days of it, seeking Laylat al-Qadr (lit. "the Night of the Divine Decree") (O: which is, as Allah Most High says,
meaning that spiritual works therein are better than works of a thousand months lacking Laylat al-Qadr. Indicating its excellence, the Prophet (Allah bless him and give him peace) said, "He who prays on Laylat al-Qadr in faith and expectation of its reward will be forgiven his previous sins"). Laylat al-Qadr could be on any night of Ramadan (n: or any other month of the year, according to some (dis:w39)). It probably occurs within the last ten nights, more likely on the odd numbered ones (N: remembering that the night of an Islamic date comes before the day of that date), the twenty first and twenty third of which are the likeliest(n:though most scholars hold it to be the twenty-seventh (Mughni al-Muhtaj ila ma'rifa ma'ani alfaz al-Minhaj (y73 0, 1.450)). On Laylat al-Qadr it is recommended to frequently repeat, "O Allah, You are oft-relenting and love to forgive, so forgive me."
HOW TO PERFORM SPIRITUAL RETREATi3.3 At minimum, spiritual retreat (i'tikaf) consists of:
Optimally, the spiritual retreat (i'tikaf) should be accompanied by fasting, take place in the Friday congregational mosque (O: because of the size of the group prayer therein, and so as not to have to leave to attend the Friday prayer), and be no less than a day.
VOWING SPIRITUAL RETREAT IN PARTICULAR MOSQUESi3.4 If one vows (def: j18) to make spiritual retreat (i'tikaf) in:
then the vow cannot be fulfilled elsewhere. Spiritual retreat (i'tikaf) in al-Masjid al-Haram fulfills a vow to make spiritual retreat in either of the other two (n: al-Aqsa or Medina), but not vice versa (N: they do not fulfill a vow to make a spiritual retreat in al-Masjid al-Haram). Spiritual retreat in Masjid al-Medina fulfills a vow to do so in al-Masjid al-Aqsa, but not vice versa. If one vows to make a spiritual retreat in any mosque besides these three, the vow can be fulfilled in any mosque whatever (O: since none besides these three is superior to any other). i3.5 Spiritual retreat (i'tikaf) is invalidated by lovemaking and by orgasm as a result of touching.
VOWS TO SPEND A CERTAIN CONSECUTIVE PERIOD IN SPIRITUAL RETREATi3.6 If one vows to make spiritual retreat for a consecutive period, then one is obligated to do so. The consecutiveness of such a period is not nullified by leaving the mosque for something necessary such as eating (even when it is possible to do so in the mosque), drinking (provided it is not possible to do so in the mosque), using the lavatory, attending to an illness, the onset of a menstrual period, or similar things; though one's spiritual retreat is interrupted by leaving the mosque to visit a sick person, perform a funeral prayer (janaza), or attend the Friday prayer (jumu'a). i3.8 Touching another with sexual desire is unlawful for someone in spiritual retreat (i'tikaf). i3.9 It is not permissible for a wife to make spiritual retreat without her husband's permission.
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