تحفة ابن قاسم في مسائل الصائم
In Allah’s name I begin the Most Merciful and Compassionate. All praise and glory is for Allah who allowed Himself to be known and worshipped. He made clear the path to Him through the guidance of His noble Messengers and Prophets. May He shower upon all of His Messengers and Prophets endless blessings and peace; and more specifically upon their leader and master, the beloved, the chosen, the honoured and the praised Muhammad, upon his pure family, noble companions, the illustrious Imāms, and all those that follow in his way until the Last Day.
The commentary of Muhammad b. Qāsim al-Ghazzī on Matn al-Gāyah wa-Taqrīb of Al-Qāḍī Abu Shujā’ah is a cherished text that is taught throughout the Muslim world. It is a classical manual in Islamic legal law in accordance with the Shāfi’ī school. In this small effort, we have attempted to extract the many legal issues contained within the chapter of fasting in preparation for Ramadan. We have listed them in a question and answer format, in English, so it can benefit the Western reader. It is hoped that it will serve as an aid throughout the glorious month of Ramadan.
The total amount of rulings we have extracted amount to eight-three. May Allah the Almighty accept this inadequate effort and make it a source of benefit. For Him is all praise and glory and from Him is all help and benefit.
The Definition
Q1: What is the etymology of the word ṣawm and ṣiyām?
A: They are both root words (maṣdrān).
Q2: What do they mean linguistically?
A: They mean to withhold (imsāk)
Q3: What do they mean in the parlance of the jurists?
A: Withholding from fiṭr (i.e. eating, drinking and marital relations)
The Intention
Q4: Does one need a specific intention for this?
A: Yes, one requires a specific intention that needs to be made from the previous evening (after maghrib) and can be made up to the time of fajr.
The Timings
Q5: From when to when does one fast?
A: From the break of dawn until sunset.
Q6: Can I fast every day of the year?
A: No. Only days that legally accept fasting. There are some days that do not allow fasting such as the two Īds, tashrīq etc. This will come later.
The Conditions for The One Fasting
Q7: Can a non-Muslim fast?
A: No, only a Muslim can fast legally.
Q8: Is an insane person obliged to fast?
A: No, only a sane person is obliged to fast.
Q9: Is a woman in menstruation or undergoing lochia obliged to fast?
A: No, she is not obliged to fast. (She will make up her missed fast after Ramadan).
The Conditions for Fasting
Q10: How many conditions are there for fasting?
A: There are four conditions.
Q11: What are they?
A: Islam, puberty, intellect and the ability to fast. So fasting is not carried out by non-Muslims, children, the insane and nor the unable.
The Obligations for Fasting
Q12: How many obligations are there for fasting?
A: There are four obligations of fasting: (1) Intention; (2) withholding from food and drink; (3) [withholding from] marital relations and (4) [withholding from] intentional vomiting.
Q13: How does one make the intention?
A: With the heart.
Q14: Is the intention necessary for all kinds of fasts?
A: No, only necessary for obligatory fasts.
Q15: What are the obligatory fasts?
A: Fasting for Ramadan and for a vow (naẓr).
Q16: When does one make this intention?
A: The night before; i.e. from the previous sunset until that day’s fajr.
Q17: Can we say the intention with the tongue?
A: Yes, in fact, this is better. To make the intention with one’s heart is the minimum (al-aṣl) but to sound it out is better (akmal).
Q18: Are there any recommendations as to what words should be employed when intending the fast?
A: Yes. It is recommended to say:
نَوَيْتُ صَوْمَ غداً عَنْ أَدَاءِ فَرْضِ رَمَضَانِ هَذِهِ سَنَةٍ لِلهِ تَعَالى
Nawaithu ṣawm ghaḍ ‘an adā’ farḍ Ramaḍān haẓihi-sanah li-Llāḥi ta’āla
“I have intended tomorrow’s fast in order to fulfil the obligation of Ramadan this year for Allah the Exalted”
Forgetfulness
Q19: What if someone eats, drinks or engages in sexual intercourse intentionally?
A: Then the fast is invalidated even with a little bit of food and drink.
Q20: What if one did this forgetfully?
A: Then the fast is not invalidated even with a lot of food and drink.
Q21: What if one did this unintentionally, but was ignorant? One did not know that consuming food and drink was prohibited.
A: If the ignorant person has newly become Muslim or is distant from knowledge and its people then the fast will not be invalidated. This person is excused.
If the ignorant person is not a new Muslim or has easy access to knowledge and scholars then the fast will be invalidated. Such a person is not excused.
Q22: What if one vomits intentionally?
A: The fast is invalidated.
Q23: What if one vomits unintentionally?
A: The fast is valid.
The Invalidators of Fasting
Q24: How many situations invalidate the fast?
A: Ten things invalidate the fast.
Q25: What are they?
A: Anything that reaches the jawf (body cavity)—through an open passage (munfatih)—or an unusual passage such as something reaching the head through a split in the skull.
Q26: Would a suppository invalidate the fast?
A: Yes. Whether this was through the anus, penis or vagina.
Q27: Ejaculation invalidates the fast even if without sexual intercourse, whether the intercourse was haram—such as masturbation—or permitted (in normal circumstances, not whilst fasting) such as being masturbated by one’s spouse.
Q28: Does ejaculation through a wet dream invalidate the fast?
A: No. Ejaculation through a wet dream [or through looking] does not invalidate the fast.
Note: [If one touches one’s mahram such as an aunt without desire, yet experiences an ejaculation then it does not invalidate the fast.]
Q29: What if one begins menstruating or lochia whilst fasting?
A: The fast is invalidated and she would make up the fasts after Ramadan.
Q30: What if someone becomes insane [or loses one’s intellect such as becoming drunk]?
A: The fast is invalidated.
Q31: What if someone whilst fasting apostates? [May God grant us protection]
A: Then the fast is invalidated.
The Recommendations
Q32: What is the recommended time for breaking the fast?
A: As quickly after sunset as possible.
Q33: What if the sunset time is unclear?
A: If the sunset time is unclear then it is necessary (wujūban) to wait until one is certain that the sun has truly set.
Q34: Is there a Sunnah guideline on breaking one’s fast?
A: Yes. It is Sunna to break one’s fast with a date.
Q35: What if there are no dates available?
A: Then one breaks the fast with water.
Q36: Is it important to take the suhūr pre-dawn meal?
A: Yes. The Prophet, peace be upon him, encouraged it.
Q37: What is the recommended time for taking the suhūr?
A: As late as possible. One can take the suhūr anytime after Isha’ until fajr but it is Sunnah to delay it as much as possible.
Q38: What if the time of dawn is unclear?
A: Then one should close the fast a little earlier such that one is certain that the time has not passed.
Q39: Is there a certain amount that should be consumed for suhūr?
A: It can be achieved even with a little.
Q40: Aside from avoiding food, drink and sexual intercourse are there any other major things that need to be avoided?
A: Yes. Foul speech such as lying, backlighting, swearing etc.
Q41: What is the Sunnah guideline for one that is verbally abused?
A: One should respond with “I am fasting”. If the abuser persists then one repeats this twice or thrice.
Q42: Does one need to say this with one’s tongue or heart?
A: Imām al-Nawwawī says in his al-aḍākar that one says it with the tongue. Imām al-Rāfi’ī says that one says it in one’s heart [i.e. as a reminder to one’s self not to get angry and also not to show off that one is fasting particularly in the supererogatory fasts].
The Days in Which Fasting is Prohibited
Q43: How many days in the year are prohibited for fasting?
A: Five days.
Q44: What are they?
A: (1) The two Īds: al-fiṭr and al-aḍhā. (2) the three days of tashrīq after the day of sacrifice (al-nahr). (3) The day of doubt (al-yawm al-shakk i.e. 30 Sha’bān) without reason.
Q45: Is there any time when one is permitted to fast on the day of doubt?
A: Yes. If one had made a vow, or has to make up a fast, or it is from one's habit; such as if one fasts every Monday and Thursday and the day of doubt happens to be a Monday. In this case, one is not fasting because of Ramadan rather out of habit.
Q46: What could be a reason for their being doubt?
A: The new moon was not seen the night before despite the sky being clear.
Q47: What if general people are talking about it being seen but none from them is known to be dependable?
A: Then this remains a day of doubt. And one does not fast.
Q48: What if it was seen by a child, slave or open transgressor?
A: Then it remains the day of doubt and there is no fasting on that day. [However, if a transgressor was to see it, although his/her testimony would not be dependable for others to fast, that person will be obliged to fast. And likewise anyone that genuinely believes them].
The Expiations
Q49: What is the expiation kaffārah?
A: In some cases, it will be merely making up a fast. In other cases, it will be paying a daily fidya to the poor. In the most severe case it will be three things stipulated in the Quran: (1) Freeing a believing slave. (2) [If one is unable to do this then] Then fasting two consecutive months without any break (3) [If one is unable to do this then]Feeding sixty poor or needy people.
Q50: For whom is such an expiation binding?
A: Anyone that has intentional sexual intercourse [i.e. penetrates or is penetrated in the vagina or anus, man or woman] during the day of Ramadan that one was obliged to fast—a fast that was intended for from the evening before—and was sinful for this intercourse due to the fast [only, not due to it being illicit intercourse].
Let us break down this definition.
(1) Anyone that penetrates or is penetrated into the vagina or anus whether male, female or hermaphrodite.
(2) This has to be on the actual day of fasting. Not after breaking one’s fast in the evening until fajr, for at this time sexual intercourse with one’s spouse is permitted and does not impact the fast.
(3) One must actually be in a state of fasting by having intended the fast from the evening before.
(4) The intercourse is actually sinful due the fast. This is to say one has intercourse with one’s spouse, which is permitted in terms of the relationship but prohibited due to the fast; such as one not validly excused from fasting like the sick or travelling.
For example, it could be the case that someone has intercourse with one’s spouse whilst a legal traveller. In this case, they are not sinful. Or it could be that one has intercourse outside of marriage, whilst a legal traveller, in which case the sin is due to the illicit intercourse and not the fast since one was not fasting.
Q51: How much is the daily fidya given to the poor and needy?
A: A mudd (i.e. 0.685 litres or two handfuls of staple food (qūt) depending on the recipients) from that which is normally given in the fiṭr charity.
Q52: What if one is unable to expiate in these three ways?
A: If one is unable to expiate in one of these three ways then it remains in one’s responsibility until one is able to carry out any one of them, even if this is much later in life.
Q53: What if one passes away whilst having missed fasts due to ill health and was genuinely unable to make them up before death?
A: There is no sin on such a person.
Q54: Do we take the expiation amount (of daily fidya amounts accumulated) from the deceased’s wealth left behind?
A: No, not in our school.
Q55: What if the deceased person had missed fasts without reason and did not expiate?
A: According to Imām al-Shāfi’ī’s old position (al-qawl al-qadīm) one can choose to either take from the deceased’s wealth and expiate in this way or the walī can fast on the deceased’s behalf. However Imam al-Shāfi’ī’s new position (al-qawl al-jadīd) one must take from the deceased’s wealth and expiate in this way, and there is no fasting on the deceased’s behalf.
However, the dependable position (al-mu’tamad) in the school is on the Imam’s old position that the walī can fast on the deceased’s behalf and one pays the fidya from the deceased’s wealth due to the delay. As mentioned by Imam al-Nawwawī in sharh al-muḥaẓẓab (al-majmū’) and al-rawḍah.
The Elderly and the Expiation
Q56: If someone is old and fasting. If they grow too weak to continue can they break their fast?
A: Yes. They make up the fasts after Ramadan.
Q57: What if it is not expected they will be able to make them up?
A: They pay the fidya for each day missed. The daily fidya will always remain a mudd.
Q58: Can the fidya be given before Ramadan?
A: No. And, it is permitted to give it after fajr.
Q59: Is this is the same ruling for the one that is sick and it is not expected that they will ever get well enough to make up the fasts.
A: Yes, the ruling is the same.
When The Fast is Missed for Oneself or for Another
Q60: If a pregnant or breastfeeding woman is fasting and fears for her own health and life what should she do?
A: She should break her fast. She will need to make up the fast after Ramadan.
Q61: What if she does not fear for herself but for her child?
A: She breaks the fast, makes up the fast after Ramadan and pays the fidya of a mudd for every day missed. [There is a strong position in the school that says she does not need to pay the fidya].
The Mudd
Q62: What exactly is a mudd?
A: [In the time of the author it was measured as] A third with Iraqi sometimes referred to as Baghdadi. [This is basically two handfuls of the staple food of the recipients. This could be grain, flower etc. The scholars today equate this to 0.685 litres].
The Sick and the Expiation
Q63: What should one do if one is sick whilst fasting?
A: One should break the fast and make it up after.
Q64: What if one is sick throughout the evening and up to the time of fajr? Should they intend the fast and then break it, if needed, or should they not make the intention in the first place?
A: If they have been continuously sick without respite then they should leave the intention and not fast in the first place rather than breaking it after.
Q65: What should one do if one is sick and then get respite for a while and sometimes fall back into being sick?
A: If one is feeling well at the latest time of suhūr then one should make the intention and begin fasting.
Q66: What if the illness returns during the day?
A: Then one breaks the fast and makes it up after.
The Recommended Days of Non-obligatory Fasting
Q67: Are there recommended days to fast?
A: Yes, such as the day of ‘ārafah, the days of ‘āshūrā (10th of Muharram), the day of tāsū’ā (9th of Muharram), the middle of the (lunar) month and six days from Shawwāl.
The ‘Itikāf
Q68: What does it mean linguistically?
A: To be Devoted to something good or bad.
Q69: What does it mean in the parlance of the Islamic jurists?
A: Devoting oneself to a Masjid in a specific way.
Q70: When can ‘itikāf be done?
A: It can be done at anytime essentially.
Q71: Is there a time that is highly recommended?
A: Yes. It is Sunnah to do it in the last ten days of Ramadan.
Q72: Why is it better at this time?
A: Due to seeking out the Night of Power.
Q73: What is the position of our Imām al-Shāfi’ī regarding the date of the Night of Power?
A: There is no specific date. However, the Imām’s position was that the Night is restricted to the last ten nights of Ramadan. So each night is plausible. That being said, it is more likely to be on the odd nights. And from the odd nights, it is more likely to fall on the 21st and 23rd.
Note: [Imām al-Nawwawī says that the night changes]
Q74: How many fundamentals are there for the ‘itikāf?
A: There are two fundamentals for the ‘itikāf.
Q75: What are they?
A: (1) The intention to oblige it by vowing. (2) Remaining in the Masjid for longer that one tasbīh (ṭum’anīnah) such that it is considered ‘ukūf (remaining).
Q76: How many conditions are there for the one in ‘itikāf and what are they?
A: There are three conditions for the person in ‘itikāf.
Islam
Sane
Free of menstruation and lochia
Q77: What if someone apostates? [May Allah protect us]
A: The ‘itikāf is invalidated.
Q78: What if one becomes drunk?
A: The ‘itikāf is invalidated.
Q79: Can one leave from one’s ‘itikāf?
A: If it is a supererogatory ‘itikāf then one can leave. If ‘itikāf is obligatory, like in a vow, then one cannot leave except due to human needs such as using the bathroom, performing the major ritual bath if own becomes junub [like one who has a wet dream whilst in the Masjid], and if one begins menstruating.
Q80: What if someone becomes sick whilst in ‘itikāf?
A: If the sickness is light such that one can continue comfortably then one continuous. If one is sick severely such that they need a bed, or to see a doctor, or there is a fear they will soil the Masjid, then they are permitted to leave.
Q81: How else can ‘itikāf become invalid?
A: Intentional sexual intercourse with the conditions that one remembered that one is in ‘itikāf and one knew that it is prohibited.
Q82: If one ejaculates by touching does it invalidate the ‘itikāf?
A: Yes. It invalidates the ‘itikāf.
Q83: What if one ejaculates without touching?
A: It does not invalidate the ‘itikāf.
Completed by the Grace of Allah, for Him is all praise. Prayers and Peace upon his Prophet, the Beloved Muhammad, his family and companions.
Shams Tameez | 26 Sha’bān 1441
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