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Tuesday, May 13, 2008

Shafi Laws of Fasting

DEFINITION:
Fasting in the Shariah means to abstain from food, drink and sexual intercourse from dawn to sunset, with a niyyat (intention).
The niyyat is important in fasting. Hence, if a person stayed away from the above three things due to illness or lack of desire, or was unconscious for the whole day and no food or drink was consumed, such abstention will not be regarded in the Shariah as fasting, since there was no niyyat or intention.

ON WHOM FAST IS FARAZ
The fast of Ramadaan is compulsory upon every Muslim, male or female who is baalig (i.e. has reached the age of puberty) and sane, and is not affected by any physical condition that allows one to forego the fast. (Reasons which waive the obligation of fasting during Ramadaan will be explained later on Insha-Allah.)

Na-baalig children (who have not yet attained puberty):
Just as in salaah, the child will be taught to fast from the age of seven, and will be commanded to do so at the age of ten. However, due to the strenuous nature of this ibadat, careful consideration should be given to the health and physical well-being of children before asking them to fast. Initially, as is the practice in most circles, the child can be coached to abstain from food for half the day, or for a few hours, thereby inculcating the habit of fasting.

SIGHTING OF THE MOON
1) After 29 days of Sha’baan has been completed it is compulsory to look for the moon after Maghrib salah. If the moon is sighted then that very night will be the first of Ramadaan and the first taraweeh. If not, the month of Sha’baan will be completed as 30 days, and the following day will then be the first of Ramadaan.
2) To establish the sighting of the moon of Ramadaan the word or evidence of one reliable, pious man is sufficient. When one such person reports or testifies in the presence of the Muslim Judge or Panel of Ulema that he has seen the moon, his word will be accepted and the first of Ramadaan will be announced.
3) However, for the Eid moon, as well as for other Islamic months besides Ramadaan, the evidence of two pious, reliable men is necessary.
4) The testimony of women and children are not admissible.
5) If the moon is sighted in one city and such news is reliably and authentically transmitted to another nearby centre, it will be permissible for the people in the second town or area to accept that information and start fasting.
6) Scientific and astronomic calculations are not acceptable in establishing the sighting of the moon for Ramadaan or Eid.

THE NIYYAH IN FASTING
It is fardh to make a niyyah or intention before fasting during Ramadaan. The niyyah must be made before subuh sadiq. An intention made after subuh sadiq is not valid. The niyyat could be made as follows:

نَوَيْتُ صَوْمَ غَدٍ عَنْ أَدَاءِ فَرْضِ شَهْرِ رَمَضَانَ هذِهِ السَّنَةِ لِلّهِ تَعَالي
I intend fasting tomorrow in fulfilment of the faradh of Ramadaan this year, for the sake of Almighty Allah.
If one does not know the Arabic intention, it could be said in English or one’s mother language. The intention for nafl fast could be made right up till about 45 minutes before Zawaal.

FACTORS WHICH BREAK FAST
1. To deliberately eat or drink during the day.
2. Vomit which is induced breaks the fast, no matter how much or how little it may be. And if vomit is not brought on voluntarily but comes out on its own accord then this does not break the fast irrespective of the amount.
3. If water or medicine is poured into the ears the fast breaks.
4. Snuff, medicine, etc. taken through the nose also breaks the fast.
5. When taking a bath during Ramadaan one should not gargle or take water too far up into the nose. If anyone does so and water enters the lungs, the fast will break.
6. Mucus that comes into the mouth and is swallowed breaks the fast, if one was able to spit it out.
7. If the gums bleed and the blood is swallowed the fast will break.
8. Saliva that had come completely out of the mouth, if swallowed the fast will break.
9. If a particle of food which was stuck between the teeth is swallowed by mistake the fast will not break.
10. If saliva is collected in the mouth and swallowed then too one's fast remains valid, it does not break, provided the saliva did not come out of the mouth, i.e. onto the lips.
1) If one ate sehri under the impression that subuh sadiq (dawn) has not yet entered, and then learnt afterwards that the day had indeed begun, the fast is not valid and must be repeated.
2) However, if in the above case he remains in doubt, and there is no certainty that the day had really begun then there is no need to repeat the fast. Such a fast is entirely in order.
3) If one broke fast thinking that the Magrib time had already entered, but learnt later that it was still day, the fast is not valid and must be repeated.
4) If at any stage during the day of fast a person was overtaken by insanity (madness), be it for a short while, or the fasting person remained unconscious the whole day, the fast is not valid and qadhaa must be made.
5) To smoke cigarettes, pipes, huqqa pipe, etc.
6) To have a syringe (through which medicine is entered into the body through the anus). The same ruling applies to suppositories.
7) The commencement of Haidh or Nifaas.
8) Besides sexual intercourse, any act that results in the emission of sperm while awake.
9) Becoming a murtadd (i.e., one who has renounced Islam)
NOTE: In all cases above where the fast is broken or rendered invalid one qadha must be observed after Ramadaan.

THE KAFFARAH
Kaffarah means to fast for sixty days consecutively. This becomes compulsory when a person deliberately has sexual intercourse during the day in Ramadaan, while fasting. Such a person has to observe one qadha and 60 days of consecutive fasting after Ramadaan. If even one day is missed, the 60 days will have to be observed all over again. Apart from this one, has to make lots of taubah because of the great sin.
If one is unable to fast for sixty days due to ill-health or old-age, the fidyahh may be given to sixty poor people. The amount of this fidyahh appears later on.

ACTIONS THAT DO NOT BREAK THE FAST
1) To extract the teeth.
2) To have an injection.
3) To regain consciousness for a little while during the day, even if one was unconscious for the rest of the day.
4) Pouring medicine into the eyes, or applying surma. However, it is better not to apply surma while fasting.
5) Eating or drinking forgetfully.
6) Water being swallowed while rinsing the mouth (not while gargling) or washing the nose without taking water too far up into the nostrils.
7) Water entering the ear while having a faradh bath.
8) Applying hair to the head, applying or smelling scent or perfume (although the latter two acts are makrooh when fasting).
9) Having a bath.
10) Anything such as smoke, a fly, dust particles, etc, entering the throat by accident.
11) Having food or drink forced down the throat.
The above practices do not break the fast

MAKROOH PRACTICES
1)To taste food, etc. However, if the mother has to chew or soften the food for the infant then this will not render the fast Makrooh.
1) Using toothpaste.
2) To use the Miswaak after zawaal (midday).
3) To remain silent for the entire day. The fasting person should engage in Zhikr, recitation of Quran, etc.
4) To delay breaking the fast without a valid reason. A valid reason here means having a doubt as to whether the time for iftaar is due or not.
5) To swim or dive into water.
6) To gargle the mouth.
7) To apply perfume or to smell perfume.
8) Committing a sin such as gheebat, lies, slander, etc.
9) To embrace someone with lust. To touch another with lust, or to kiss is Makrooh Tahreemi (i.e. almost haraam) during the fast, even one’s own spouse.
The above practices do not break the fast but are reprehensible

MUSTAHABB FACTORS
1) To break the fast quickly at the time of Iftaar.
2) To delay sehri for as long as possible. (But not so long as to cause doubt in the validity of the fast.)
3) To abstain from lies, backbiting, slander, fighting, arguing, and other major sins.
4) To make iftaar with water and/or dates.
5) To make dua at the time of iftaar.

REASONS FOR NOT FASTING OR BREAKING THE FAST
1) One becomes critically ill, or develops such an illness that will increase if the fast is not broken.
2) On a journey if fasting is bearable then it is preferable to fast. However, one may not fast at all, or may break the fast on a journey even if it is bearable.
3) Fear of death through hunger or thirst.
4) A breast-feeding or pregnant woman who fears for the life of the baby may omit the fast or may break it after having begun. If there is no such fear than these women must fast.
5) A very old person who has no strength to fast is also excused from fasting. Such old people may pay in the fidyahh.
6) A terminally ill person may omit the fast and pay fidyah. The illness must be of such a nature that medically there is absolutely no hope of recovery. Note: Medical advice of this type must be obtained from a Muslim physician.

QADHAA & FIDYAH
1) If one has any qadha fasts of Ramadaan to fulfil, it should be done immediately after Eid.
2) When there are more than one fast to fulfil, it is Mustahabb to observe the qadha consecutively, without a break in between. However, if the qadha of several fasts are kept separately or apart, there is no sin.
3) It is necessary to fill in missed fasts before the next Ramadaan arrives.
4) If one failed to do so, that is, qadha fasts were not completed by the time the next Ramadaan arrived, a fidyahh becomes Wajib. This fidyahh is approximately 800 grams of grain or flour per fast.
But remember, in spite of giving this sadaqah one still has to fill in the remaining qadha fasts.
5) The breast-feeding and pregnant woman who did not fast out of fear for the baby, should also pay this fidyahh for every missed fast, but they must still keep the qadhaa after Ramadaan.
6) The very old person or terminally ill person who paid out fidyahh for missed fasts do not need to keep the qadhaa if they regain their strength and health later on.

QADHAA FOR THE DEAD• If one who missed fasts for a valid reason dies before having time to pay in the qadhaa then there is no fidyahh nor any qadhaa to be fulfilled on behalf of such a person.
• If such a person died after having had the opportunity to make the qadhaa then the wali of the deceased may fast on behalf of the deceased or may pay the fidyahh for every missed fast from the wealth of the dead person.

SUNNAT DAYS FOR FASTING
It is sunnat to fast on the following days:
9th Arafah – this is sunnat muakkadah. To fast from the 1st Zhul-Hijja to the 8th Zhul-Hijjah is also sunnat, but not muakkadah.
9th and 10th Muharram; the 6 fasts of Shaww~l; 13th, 14th, and 15th of each Islamic month; on Mondays and Thursdays, 15th Sha’baan.
It is also sunnat to fast during the sacred months, i.e. Zhul-Qa’dah, Zhul-Hijjah, Muharram, and Rajab. (There are no fixed dates for this fast)
Note: The wife should not observe nafl fast without the consent of the husband. $

DAYS WHEN FASTING IS PROHIBITED
The two Eids (Fitr and Dhuhaa); the days of Tashreeq (11th to 13th Zhul-Hijjah); A festival day of the Kuffar, unless such a day happens to be a day of Ramadaan.; the 29th day of Shabaan, unless the 29th falls on a day that one normally fasts, such as Monday or Thursday.