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Fatawa >Section Three:FASTING (SAWM)--chapter two :
Fasting, other than the Month of Ramadhan
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Section Three:FASTING (SAWM)--chapter two :
Fasting, other than the Month of Ramadhan
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1-
Compensatory Fast
Who
must compensate for the fast of the Month of Ramadhan?
1- Whoever did
not discharge their responsibility of fast should compensate for it by
way of qadha’; They must do so by fasting an equivalent number of
days they have missed. This is regardless of the reason of days they
have missed. This is regardless of the reason for not fasting i.e. be
it voluntary or involuntary; the exception being the following:
2- a. Those who
have not yet attained adulthood.
3- b. An
unbeliever turned Muslim. An apostate, reembracing Islam, must
compensate for any periods of fast they did not observe.
4- c. Those who
enter a state of unconsciousness prior to making niyyah for fast..
5- d. Those who
abandon fast because of old age or persons afflicted with perpetual
urge for drinking water (utash), i.e. the subject of paras. (21-22) of
the previous chapter.
6- e. Those who
could not fast due to illness that continued to the next month of
Ramadan. Such should pay the Fidya stipulated in para. (21)just
mentioned.
Rules
Concerning Qadha
7- whoever has a
fast liability, should not be in any rush to discharge it; it could be
postponed for months, provided that this does not lead to apathy.
However. Should the delay continue until the following month of
Ramadhan, qadha and Fidya would become due, as has been discussed in
para, (21) of the previous chapter.
This should
cover both types of people who fail to discharge their fast liability
in good time. Among them is he who takes longer time until the arrival
of the following month of Ramadhan and he who is not bent on leaving
it to drag on had it not been for a spell of illness they suffered
close to the time which made them miss their target of fasting in good
time.
The amount of
Fidya, however, is not going to increase in the light of the extend
delay of dispensing with the qadha fast.
8- Just as it is
not imperative that one must hasten to relieve oneself from the
responsibility of fasting qadha for missed days during the month of
Ranadhan, so is not imperative to fast for days on end: that is, if
you are indebted by, say, two days, you can fast one of them and
postpone the other to some other time.
9- In case a
worshipper has a fast liability of two Ramadhani months. They have the
choice to start fasting any one of them. Should they start with the
previous one, but not the latter until the year comes to a close, they
should be liable for paying Fidya for it in addition to fasting qadha.
If fasting qadha
was done without specifying for which of the two months it was, this
is allowed; however, in such a case, the worshippers should
practically consider themselves discharging the responsibility towards
the earlier month. It should, therefore, follow that if they confined
their compensatory fast to one month, they would attract Fidya for the
second month.
10- Should the
worshippers end up doing compensatory fast and another one of an
obligatory nature, such as that of kaffarah, they are free to start
with whichever.
How
should one go about performing compensatory fast?
11- Fasting
qadha is more or less like fasting the days of Ramadhan; the
differences are:
12- a. The
niyyah for fasting qadha can be postponed until before midday. If it
is already midday, there will be no chance to make niyyah, as a matter
of ihtiyat.
According to
this premise, if the worshipper has made niyyah to perform
compensatory fast for Ramadhan at dawn, only to waiver in between, and
go back to his original niyyah, his fast would stand so long as that
the indication took place during the period from dawn till before
midday. This, of course, is contrary to fasting the month of Ramadhan
where waiving making the niyyah would render fast batil, let alone
when the worshipper is resolved to break their fast.
13- b. Some
jurists have stipulated that niyyah of fasting any day’s qadha
should not be made earlier than its night. For example, if you want to
fast on a Saturday, you are not allowed to make niyyah on the day of a
Friday alone; that is, it must be renewed when night falls on Friday
till midday on Saturday.
However, this is
not obligatory, provided that the worshipper’s fast should be based
on the niyyah they made on the day of Friday.
14- c. They
niyyah should be exclusive to performing compensatory fast of Ramadan,
i.e. fasting in vacuum, or just for the niyyah of qurbah per se, will
not do, Failure to do so will not absolve one from the responsibility
of qadha.
15- d.
Experiencing ejaculation while asleep and reaming in a state of
janabah until after dawn does not allow the worshippers to carry on
with their quadha fast that day, contrary to the same situation in the
month of Ramadan where fast will both be in order and obligatory.
16- e. It is
permissible for the persons who are observing qadha fast to break
their fast at any stage before midday. However, if they deliberately
any do so after midday, they are liable to pay Kaffarah, as will be
discussed in the chapter dedicated to that, Breaking one’s fast in
the belief that it is halal to do so should not attract any penalty.
Those who fast
on behalf of others can break their fast at any stage of the day, i.e.
even after midday without attracting any kaffarah. However, if they
are hired to fast a particular day, they cannot break their fast on
that day, even before midday for they have to honor their obligation.
Yet. If they break their fast, they are not liable to pay Kaffarah.
17. It is
permissible to fast by way of qadha after the lapse of the month of
Ramadhan on any day of the year, apart from certain days when fast
cannot be sanctioned; this will be discussed in paras(26-36) Fasting
qadha cannot be tolerated from a traveling person whose duty it us to
perform qasr prayer, from a person who is relieved from fasting on
medical grounds, and from a woman who is in a state of either haydh or
nifas.
18- Managing
Doubt
Harboring doubt
as to whether or not one has to perform compensatory fast for the
whole of the month of Ramadan or part thereof should be dismissed i.e.
it is not obligatory to go for qadha fast.
Doubt about
whether one’s fast was is order should be treated in the same way.
Suppose certain
worshippers had to break their fast for one day. They do not know
whether they have a valid reason to do so. Such as being on a journey
or having fallen sick, and subsequently have to compensate for it.
Maybe, they were in breach of the fast, in which case they should be
liable to perform compensatory fast and pay Kaffarah at the same time,
How should they go about this matter?
A. They are
required to fast qadha; no Kaffarah shall be due.
B. Worshippers
who know that they have missed a number of days during which they did
not fast for a reason or the other, However, they do not know the
exact number of days what should they do?
A. They must
fast the minimum period of any two periods. For example, if they knew
that the missed period was between one week and two weeks, fasting one
week would do.
Should one
become doubtful about whether they have absolved themselves of the
responsibility of fasting any outstanding days, they have to have
another go.
The
Son Standing in for His father
19- If the
father had a liability to perform compensatory fast, and passed away
without discharging it, it is obligatory on his son to shoulder such a
responsibility Should there be more than one son, the eldest should be
the one to carry the burden. If there were two sons of the same age,
they should jointly be responsible, in exactly the same way of
performing prayer by way of qadha’ i.e. para(32) of the General
Guidelines of the Chapter on Prayer.
If at the
outset, a person is not required to fast either on health ground or
for setting out on a journey and subsequently die, no qadha on the son
shall be due.
2.
Fasting by way of Kaffarah or to Compensate for a Missed Opportunity
Fasting becomes
obligatory on certain occasions, such as a self-imposed penalty (Kaffarah)
to seek pardon for commissioning a sin, or compensating for an
obligation:
20. a. Fasting
by way of Kaffarah for not observing fast during the month of Ramadan.
Whoever rebels against the injunctions by not fasting the month of
Ramdhan, they are liable to Kaffarah, as has already been discussed in
para. (56) of the Chapter on Fasting. This Kaffarah involves either
the emancipation of a salve, or feeding sixty poor people, or fasting
two months, one of which must follow on from a previous one, albeit
for one days.
21. b. Fasting
by way of Kaffarah for leaving Arafat prematurely. As part of hajj
rituals, wuquf at Arafat is required for the period from midday of the
ninth of Thil Hijjah to the sunset of the same day. Should the
pilgrims choose to exit Arafat prematurely, i.e. before sunset, they
are required to compensate for this haste by slaughtering an animal.
Should this type of Kaffarah not be feasible, the pilgrims have the
alternative of fasting for eighteen days, although not in one go.
22. c. Fasting
as a compensation for hady. As part of Hajj-ut-Tamatu, it is
obligatory to sacrifice an animal (hady) at the day of Eid. Should
this not be feasible, the pilgrim can compensate for it by way of
fasting for ten days.
23. The form of
obligatory fast by way of Kaffaeah or compensation is the same as that
of fasting in the month of Ramadan. However, there are few
differences. In Kaffarah type of fast, there is no harm in a fasting
person waking up in the morning only to find out that they have had a
sexual experience that led to ejaculation. This, though, is contrary
to observing compensatory fast for the month of Ramadhan. The latter
too cannot be sanctioned in a context of travel, whereas some types of
kaffarah/compensatory fast can be sanctioned in the context.
a. fasting by
way of Kaffarah for leaving Arafat prematurely.
b. Fasting for
ten days in compensation of hady is usually divided into two stages;
fasting for three days while the mukallafs are still in travel, i.e.
before returning to their homeland.
Observing fast
by way of kaffarah for not fasting the month of Ramadan cannot be
tolerated while the worshipper is on the move (musafir).
3.
Voluntary Fast
24. Volunteering
fast on all days, save those of Ramadan and particular forbidden days-
the subject of paras, (35) onward, is mustahab.
Tradition has it
that fast is a shield against hellfire and that it is a purification
of body and soul. Through fast the worshippers are admitted to
paradise; their sleep is viewed as a kind of worship, their silence a
sort of tasbih, and their du’a is answered. The fasting persons have
two happy moments: the first when they break their fast, and the
second when they meet their Creator.
Who
qualifies for voluntary fast?
25. Fasting is
mustahab for the worshippers, provided that:
a. They should
not be suffering from an ailment or fasting could adversely affect
their health.
b. They should
not be traveling, except for fasting for three days while in the Holy
Medina to attend some business, especially on Wednesday, Thursday, and
Friday consecutively, as a matter of ihtiyat.
c. Women should
not be experiencing either haydh or nifas.
d. The
worshippers have no liability for the month of Ramadan compensatory
fast. Should they be observing an obligatory fast by way of nadhr and
the like, they can embark on a mustahab type of fast. The same applies
for those who hire themselves to fast for other people.
Just as it is
not permissible for the person, dealing with compensatory fast for the
month of Ramadhan, to personally observe mustahab type of fast, so is
it not permissible for him to volunteer his services for fasting on
behalf of others. However, he is allowed to hire himself for fasting
on behalf of others. However, he is allowed to hire himself for
fasting for the others, in which case the fast shall be in order, even
though he might have a liability for fasting by way of qadha.
It is also
permissible to observe mustahab type of fast while on a journey, so
long as he cannot perform the obligatory fast.
Q. As you have
already explained, the worshippers cannot embark on a mustahab type of
fast while still having to contend with an outstanding period of fast.
Can they, though, take up a nadhr to perform a voluntary fast, and
thus turning it into an obligatory one and eventually giving it
precedence over any outstanding period?
A. Such a nadhr
is batil to start with; it should, therefore, follow that fasting by
way of nadhr is invalid, if it was observed before discharging one’s
responsibility towards compensatory before discharging one’s
responsibility towards compensatory fast. Should the worshipper
promise a vow (nadhr) to observe a mustahab type of fast without
specifying that it comes first, such a nadhr becomes enforceable. To
absolve one of the responsibility towards both the liabilities, has to
start with the qadha fast first, then the mustahab one.
Women do not
require their husbands’ permission to engage in voluntary fast. That
is, unless the husband objects to that on the ground that they want to
enjoy their wives’ company.
26. The Niyyah.
It is sufficient to make niyyah of qurbah for voluntary fast the night
before. However, the time for making niyyah spans the whole day, in
that if the worshippers did not do anything which may detract from the
validity of fast, they can still make niyyah for fast, even if it
comes within hours or minutes before the time of ending the fast. Not
making niyyah or not contemplating fast for all that time is
immaterial, so long as the worshippers remained in a state of
abstention.
27. Its form.
Voluntary fast is performed in the same way as that observed during
the month of Ramadhan, and its qadha for that matter. Where diverges
is in the fast that it is permissible for the mukallafs to remain in a
state of janabah until after dawn. Fast thus observed is in order,
contrary to the fast of the month of Ramadhan, be it Ada or qadha.
Where voluntary fast is also different from fasting the month of
Ramadhan by way of qadha is in the case of waking up in the morning
with an experience of a sexual encounter, in that it is permissible to
carry on with voluntary fast that day, as opposed to fasting the month
of Ramadhan by way of qadha.
28.
Rules Regulating Voluntary Fast.
The worshippers
have the choice of breaking their fast whenever they wish, be it
before midday or some time in the afternoon, regardless of the way
they choose to do so. However, inadvertently breaking one’s fast
would not detract from fast.
29. Voluntary
Fast May Become Obligatory. This may come about due to an emergency,
i.e by way of a pledge to, an oath by, or a covenant with Allah, the
Most Hgih. Once turned obligatory, this mustahab fast assumes a
different set of rules:
30. a. Should
the worshippers pledge to fast on a particular day, they have to make
niyyah for doing so at the outset, i.e they are not permitted to delay
making the niyyah until after dawn. Let alone dragging it until before
midday, which is the case in the voluntary fast. That said, one can
maintain that it is permissible to delay it until before zawaal,
notwithstanding the practice of ihtiyat by way of qadha.
31. b. Should
the worshippers pledge to fast a particular day, they are not allowed
to break their fast that day, neither before midday nor after it.
Should any day be picked at random for observing their fast, they are
free to break such a fast whenever they wish, provided that they fast
another day.
32. c. In
fasting for a nadhr, it is obligatory on the person to do that with
the intention of absolving one’s responsibility of the pledge he
made. Failure to do so would result in leaving the nadhr as though it
was not met.
33. d. The
worshippers can still travel, if need be, on a day that has already
been earmarked for fast by way of nadhr. However, they should
compensate for the said day by way of qadha.
34. e. Should
the worshippers pledge a fast by way of nadhr, making it obligatory to
implement, it is permissible for them to observe it, even while on a
journey. That is, with the provison that they, while making nadhr,
stipulated that their fast would be during travel time or that they
undertook to absolve their responsibility of fasting irrespective of
whether they were present or away on a journey.
4.
Forbidden Fast
Types of such
fast are the following:
35. a. Fasting
the first of Shawwal i.e. the day of Eidul Fitr.
36. b. Fasting
the tenth of Thil Hijjaj, i.e, the day of Eidul Adhha.
37. c. Fasting
the eleventh, the twelfth, and the thirteenth of Thil Hijjah, by those
who are present at Mina and engage in hajj devotions or for any other
reason.
The exception
being: The obligatory fast of any two of the sanctuary months (Thil
Qi’dah, Thil Hijjah, Muharram, and Rajab) as a Kaffarah for killing
(man slaughter) in certain cases. It is permissible to fast and
include the Eid and other days.
38. d, Every
unlawful fast, such as that observed by a suck person, a woman in a
state of haydh or nifas, fasting for a nadhr by way of thanksgiving
for commissioning a sin (say, for killing a believer), and the fasting
of a traveling person, except the case discussed in paras. (24, 26 and
35).
Among unlawful
fast is that which is extend until after sunset; it is not valid.
However, should the mukallafs, who are intent on ending their fast on
time, delay so doing unintentionally, their fast is in order, even if
they did not break their fast that night.
Also among
unlawful fast is that which is observed on the day which could be
among the days of the month of Sha’ban and Ramadan, Should the
worshippers fast that day, although it was not proved conclusive as
past of Ramadan, it will not be accepted from them, as has already
been discussed in para (74) of the previous Chapter.
Refraining from
speech, as part of fast, cannot be sanctioned.
39. The fourth
type of unlawful fast is different from the first three ones in one
aspect. In the first three, fast is forbidden, even if it is not
observed with the niyyah of qurabah; conversely, the fourth type is
forbidden when it is observed with the niyyah of qurbah; it shall not
be haraam, if it is not observed with the niyyah of qurabah; it would
not be deemed lawful. It would be considered as a personal judgment.
Corollary
39. Appended
below is a comparative summary of the types of fast and rules
regulating them.
Invalidators of
Fast (Muftirat). All types of fast share things that render fast
invalid.
Things
commissioned inadvertently (sahu). All types of fast are immune to
being breached, if the worshipper did any thing unintentionally.
Niyyah. During
the month of Ramadhan, niyyah should not be delayed until after dawn,
However, should the worshippers be taken unaware with the arrival of
the month of Ramadhan, yet no niyyah was contemplated, their fast
should be in order, if becoming aware of the problem takes place some
time before midday and with it the making of the niyyah afresh.
The same applies
to fasting by way of nadhr on a particular day.
Delaying the
niyyah until after midday in all obligatory types of fast cannot be
sanctioned,
In voluntary
types of fast, it is permissible to delay making niyyah until after
midday.
Deliberately
Remaining in a State of Janabah until Dawn Time. This is not
permissible during the fast of the month of Ranmadham, as a matter of
ihtiyat. The same applies to Kaffarah and compensatory types of fast.
There is no harm in doing it in voluntary types of fast, even if it
turns obligatory by way of nadhr, oath, or pledge.
Waking up after
Experiencing a Sexual Encounter that Led to Ejaculation. This should
not detract from any type of fast, except fasting of the month of
Ramadhan by way of qadha’ as a matter of ihtiyat.
Forgetting about
One’s State of Janabah until after Dawn. This would render fasting
of the month of Ramadan, both Ada and qadha, null and void, as a
matter of ihtiyat. It will not affect other types of obligatory or
voluntary fast though.
Calling the Fast
off and Annulling it. This is not permissible in every fast that has
been undertaken that day, such as any day the month of Ramadhan or the
day the mukallaf specified to fast on by way of nadhr. This however is
permissible in the other cases, be it before midday of after it,
except for fasting of the month of Ramadhan by way of qadha where it
cannot be tolerated is when it tale place after midday ; it can,
though be done at any time before it.
Kaffarah. No
kaffarah is due on leaving out the niyyah in an obligatory fast,
especially without calling fast off. Nor should there be kaffarah for
unlawfully taking to food and drink, except for two cases: not fasting
during the month of Ramadan and calling fast off some time in the
afternoon in compensatory fast for the month of Ramadhan.
As for the
worshipper who does not fulfill his vow to fast a particular day
without valid and lawful reason, he should pay kaffarah of nadhr as
soon as he abandoned the idea of fasting. This is regardless of
whether he broke his fast by actually eating or drinking. This will be
discussed in some detail in the Chapter dedicated to Kaffarah of nadhr,
oath, and pledge.
Fasting while in
Travel. Neither fasting the month Ramadhan, nor compensating for it
travel, which normally requires the traveler to perform his prayer
qasr, can be sanctioned, Observing voluntary fast during travel cannot
be tolerated, unless it has turned obligatory by way of nadhr,
provided that the person making the nadhr stipulates that he carries
it out during travel as has already been discussed in para(34). There
ism however, one case where fasting during travel can be tolerated,
i.e. the one mentioned in para.(25).
Certain types of
kaffarah and compensatory fast can be sanctioned during travel.
However, that which cannot be tolerated is fasting by way of Kaffarah
for not fasting during Ramadhan.
Fasting of a
Sick Person. Fasting , any type of fast, by a sick person, whose
health can adversely be affected by fasting, cannot be deemed valid.
Also, those with good reasons not to fast, as has already been
discussed in para. (6) of the previous chapter.
Fast by women in
a state of haydh or nifas cannot be sanctioned.
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