A Brief Of Islamic Law

A Brief Of Islamic Law0%

A Brief Of Islamic Law Author:
Publisher: www.alhassanain.org/english
Category: Jurisprudence Principles Science

A Brief Of Islamic Law

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

Author: Ayatullah Seyyed Ali Sistani
Publisher: www.alhassanain.org/english
Category: visits: 15760
Download: 3542

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A Brief Of Islamic Law
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A Brief Of Islamic Law

A Brief Of Islamic Law

Author:
Publisher: www.alhassanain.org/english
English

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

Miscellaneous Rules

664. A traveller can offer full prayers in the entire cities of Makkah, Madinah and Kufah. He can also offer full prayers in the Halal (allowed) of Imam Husayn (A.S.), upto the distance of nearly 11.5 metters from the sacred tomb.

665. If a person who knows that he is a traveller, and should offer QA?r prayers, intentionally offers full prayers at places other than the four mentioned above, his prayers are void. And the same rule applies, if he forgets that a traveller must offer QA?r prayers, and prays full. However, if he prays full forgetting that a traveller should offer shortened prayers, and remembers after the time has lapsed, it is not necessary for him to give the Qada.

666. If a person who knows that he is a traveller, and should offer shortened prayers, offers full prayers by mistake, and realises within the time for that prayer, he should pray again. And if he realises after the lapse of time, he should give Qada as a precaution.

667. If atraveller who does not know that he should shorten his paryers, offers full prayers, his paryes are in order.

668. If a traveller knew that he should offer shortened prayers, but did not know its details, like, if he did not know that shortened prayers should be offered when the distance of the jouney is of 8 Farsakh, and if he offers full prayers, he should, as an obligatory precaution repeat the pryers if he comes to know the rule within the time of prayer, and if he does not do that, he will give its Qada. But if he learns of the rule after the time has lapsed, there is no Qada.

669. If a person who should offer complete prayers, offers Qasr instead, his prayers are void in all circumstance ; and as an obligatory precaution, this will apply also when one ignorantly prays QA?r, at a place where he decided to stay for 10 days.

670. If before the time of prayer lapses, a traveller who has not offered prayer reaches his hometown, or a place where he intends to stay for ten days, he should offer full prayer. And if a person who is not on a journey, does not offer prayer within the early time, and then proceeds on a journey, he should offer the prayer during his journey in shortened form.

671. If the Tuhr, A?r, or Isha prayers of a traveller, who should have offered QA?r prayers, becomes Qada, he should perform its Qada as QA?r, even if he gives Qada at his hometown or while he is not travelling. And if a non-traveller makes one of hte above three prayers Qada, he should perform its Qada as full, even if he may be travelling at the time he offers the Qada.

Qada Prayers

672. A person who does not offer his daily prayers within time, should offer Qada prayers even if he slept, or was unconscious during the entire time prescribed for the prayers. Similarly, Qada must be given for all other obligatory prayers, if they are not offered within time, and as an obligatory precaution this includes those prayers which one makes obligatory upon oneself by Nadhr (vow), to offer within a fixed period. But the prayers of Id-ul-Fitr and Id-ul-Adha have no Qada, and the ladies who have to leave out daily prayers, or any other obligatory prayers, due to Haydh or Nifas, do not have to give any Qada for them. And the rule of Qada forSalat-ul-ayat will be explained later.

673. If a person realises after the time for the prayer has lapsed, that the prayer which he offered in time was void, he should perform its Qada prayer.

674. A person having Qada prayers on him, should not be careless about offering them, although it is not obligatory for him to offer them immediately.

675. A person who has Qada prayer on him, can offer Mustahab prayers.

676. It is not necessary to maintain sequential order in the offering of Qada, except in the case of prayers for which order has been prescribed, like, Tuhr and A?r prayers or Maghrib and Isha prayers of the same day.

677. If a person knows that he has not offered a prayer consisting of four Rak'ahs, but does not know whether it is Tuhr or Isha, it will be sufficient to offer a four Rak'ah prayer with the intention of offering Qada prayer for the prayer not offered. And as far as reciting loudly or silently, he will have an option.

Fasting

Fasting means that a person must, in order to do homage to Allah, from the time of Adhan for Fajr prayer up to Maghrib, avoid nine things which will be mentioned later.

Intention for Fasting

756. It is not necessary for a person to pass the intention for fasting through his mind or to say that he would be fasting on the following day. In face, it is sufficient for him to decide that in order to do homage to Allah he will not perform, from the time of Adhan for Fajr prayer up to Maghrib, any act which may invalidate the fast. And in order to ensure that he has been fasting throughout this time he should begin abstaining earlier than the Adhan for Fajr prayer, and continue to refrain for some time after Maghrib from acts which invalidate a fast.

757. A person can make intention every night of the holy month of Ramad an that he would be fasting on the following day.

758. The last time for making intention to abserve a fast of Ramad on for a conscious person, is the time of Adhan of Fajr prayer. This means he should, as an obligat ory precaution, be inten upon fasting at that time, even if in his uncon scious heart.

759. As for Mustahab fast one can make its intention at any time in the day, even moments before Maghrib -provided he has not committed any such act which invalidates the fast.

760. If a person sleeps before Adhan for Fajr prayer in Ramaèàn or any other day fixed for an obligatory fast without making an intention, and wakes up before Tuhr to make an intention of fast, his fast will be in order. But if he wakes up after Tuhr, as a precaution he should continue the abstinance with the intention of Qurban and then give its Qada also.

761. If a person intends to keep a fast as Qada or Kaffarah, he should specify that fast; for example, he should spicify it as the Qada fast or as Kaffarah. On the other hand, it is not necessary for a person to spicify, in his intention, that he is going to observe a fast of Ramadan. If a person is not aware or forgets that it is the month of Ramaèàn and makes an intention to observe some other fast it will be considered to be the fast of Ramaèàn. And in the fast of vow or the like, making intention of vow etc. is not necessary.

762. If a person did not know or forgot that it was the month of Ramaèàn, and takes notice of this before Tuhr and if he has performed some act which will invalidate a fast, his fast is void. But, he should not perform any act which invalidates a fast till Maghrib, and should also observe Qada of that fast after Ramaèàn. And if he learns after Tuhr that it is the month of Ramaèàn he should, as an obligatory precaution, make the intention of fast as Raja, and offer its Qada after Ramaèàn. But if he learns before Tuhr, and he has not done anything which would invalidate his fast, he should make the intention of fast, and his fast will be valid.

763. If a patient recovers from his illness in the middle of a day in the month of Ramaèàn, before Tuhr, and if he has not done anything to invalidate the fast, he should, as an obligatory precaution make intention and fast. But if he recivers after Tuhr, it will not be obligatory on him to fast on that day, and he should observe its Qada.

764. If one doubts whether it is the last day of Sha'ban or the first day of Ramaèàn then the fast on that day is not obligatory. If however, somebody wants to observe fast on that day he cannot do so with the intention of Ramaèàn then it is the Ramaèàn fast and if it is not Ramaèàn then it is Qada fast or some other fast like that, his fast will be valid. But it is better to observe the fast with the intention of Qada fast or some other fast, and if it is know nlater that it was Ramaèàn then it will automatically be considered as Ramaèàn fast. And even if he makes a usual intention of fast, and later it becomes known that it is Ramaèàn, it will be sufficient (i.e. that fast will be counted as the Ramaèàn fast).

765. If, while observinga Mustoh ab fast or an obigatory fast the time of which is not fixed (e-g-a fast for kaffaarah) a persah intendsto peak the fast or wavers wheher or not he should do sa, and if he does not peak it, he should make afresh intention befor Zuhr in the case of an ob ligatory fast, and before Maghrib in the case of a Mustahob fast. That way his fast will be in order.

Things Which Make a Fast void

766. There are eight acts which invalidate fast:

(i) Eating and drinking.

(ii) Sexual intercourse.

(iii) Masturabtion (Istimna’) which means doing some act with oneself or another person other than intercourse, resulting in ejaculation.

(iv) Ascribing false things to Almighty Allah, or the Holy Prophet or to the successors of the Holy Prophet, as an obligatory precaution.

(v) Allowing thick dust to reach the throat, as an obligatory precaution.

(vi) Remaining in Janaban or Haydh or Nifas till the Adhan for Fajr prayer.

(vii) Enema with liquids.

(viii) Vomiting intentionally.

Details of these acts will be explained in the following articles.

I. Eating and Drinking

767. If a person eats or drinks something intentionally, while being conscious of fasting, his fast becomes void, irrespective of whether the thing which he ate or drank is usually edible or drinkable (like pead or water) or not (like earth or the juice of a tree) and whether it is much or little; even if a person, who is fasting, takes the tooth push out of his mouth and then puts it back into his mouth, swallowing its liquid, his fast will be void, unless the moisture in the tooth push mixes up with the saliva in such a way that it may no longer be called an external wetness.

768. If a person who is fasting eats or drinks something forgetfully, his fast does not become invalid.

769. Injection of drugs or liquids does not invalidate the fast, even if they are strengthening drugs or food suppliments or dextrose or saline water. Also the inhalers do not invalidate the fast, provided that they allow the drug enter the lungs only. Using drugs in eyes or ears do not make the fast void too, even if their taste reach the throat, and using drugs in the nose does not invalidate the fast, if they do not reach the throat.

770. If a person observing fast intentionally swallows something which remained in between his teeth, his fast is invalidated.

771. Swallowing saliva does not invalidate a fast, although it may have collected in one's mouth owing to thoughts about sour things etc, and also there is no harm in swallowing one's phlegm or mucus from head and chest.

772. If a person observing fast becomes so thirsty that he fears that he may die of thirst or sustain some harm or rxtreme hardship which is in tolerable for him, he can drink as much water as would ensure that the fear is averted; this is even obligatory in the case of fear of death. However, his fast becomes invalid, and if it is the month of Ramaèàn, as an obligatory precaution, he should not drink more than that, and then for the rest of the day, refrain from all acts which would invalidate the fast.

773. A person cannot abandon fast on account of weakness. However, if his weakness is to such an extent that fasting becomes totally unbearable, there is no harm in peaking the fast.

II. Sexual Intercourse

774. Sexual intercourse invalidates the fast, even if the penetration is as little as the glans of the male organ, and even if there has been no ejaculation.

III. Istimna (Masturbation)

775. If a person, who is observing fast, performs masturbation (Istimna), his fast becomes void. (The meaning of Istimna has been given in rule no. 773/iii.)

776. If semen is discharged from the body of a person involuntraily, his fast does not become void.

777. Even if a person observing fast knows that if he sleeps during the day time he will become Muhtalim (i.e. semen will be discharged from his body during sleep) it is permissible for him to sleep. And if he becomes Muhtalim, his fast does not become void.

778. If a person who is observing fast, wakes up from sleep while ejacualtion is taking place, it is not obligatory on him to stop it.

IV. Ascribing lies to Allah and the Holy Prophet

779. If a person who is observing fast, intentionally ascribes something false to Allah or the Prophet (s.a.w.a.)or Imàms (a.s.), verbally or in writing or by making a sign, as an obligatory precaution his fast becomes void, even if he may at once retract and say that he has uttered a lie or may repent for it.

V. Letting Dust Reach One's Throat

780. On the basis of obligatory precaution, allowing black dust to reach one's throat makes one's fast void, whether the dust is of something which is lawful to eat, like flour, or of something which is unlawful to consume like dust of earth.

781. As an obligatory precaution, a person who is observing fast, should not allow the smoke of cigarettes, tobacco, and other similar things to reach his throat.

VI. Remaining in Janabah or Haydh or Nifas Till Fajr Time

782. If a person in Janabah does not take Ghusl intentionally till the time of Fajr prayer, or if his obligation is to do Tayammum, wilfully does not do it, he should complete the fast of that day and also fast in another day, and because it is not known that this is Qada or a fine, he should both fast that day of the month of Ramadan with the intention of what is his obligation, and fast another day instead of it, but not with the intention of Qada.

783. If a person who wants to fast as Qada of a fast of the month of Ramaèàn, remains in Janabah till the time of Fajr prayer, he can not fast that day, but if this is not intentionally, he can fast, though the precaution is to abandon it.

784. If a person in Janabah does not take Ghusl intentionally till the time of Fajr prayer, for obligatory fasts other than those of the month of Ramaèàn or their Qada, which have fixed days similar to those of Ramaèàn, his or her fast will be in order.

785. If a person enters the state of Janabah during a night in the month of Ramaèàn, and does not take Ghusl intentionally till the time left before Adhan is short, he/she should perform Tayammum and observe the fast.

786. If a person who does not have time for Ghusl or performing Tayammum, gets intentionally into state of Janabah in a night of Ramaèàn, his fast will be void and it will be obligatory upon him to give Qada of that fast, as well as Kaffarah.

787. If a person knows that he has not enough time for Ghusl and goes into state of Janabah and then performs Tayammum, or while he has enough time, delays intentionally the Ghusl till the time becomes short and then performs Tayammum, his fast is in order, though he has commited a sin.

788. If a person is in Janabah during a night in Ramad'an and knows that if he goes to sleep he will not wake up till Fajr, he should, as an obligatory precaution, not sleep before Ghusl and if he sleeps before Ghusl and does not wake up till Fajr, his fast is void, and Qad'aa and Kaffarah become obligatory on him.

789. If a person observing fast becomes Muh'talim during day time, it is not obligatory on him to do Ghusl at once.

790. When a person wakes up after Adhan for the Fajr prayer and finds that he has become Muhtalim his fast is in order, even if he knows that he become Muhtalim before the Fajr prayer's time.

791. If a woman becomes pure (Naqiyyah) from Haydh or Nifas before the time of Fajr prayer in the month of Ramaèàn and intentionally does not do Ghusl, or when her obligation is Tayammum she does not it, she should complete the fast of that day and fas tanother day as its Qada’. And if one intentionally abandons the Ghusl or Tayammum in a Qada fast of the month of Ramaèàn, as an obligatory precaution she cannot fast in that day.

792. If a woman becomes pure from Haydh or Nifas in a night of the month of Ramaèàn, and does not perform Ghusl till the time remained for it becomes short, she should perform Tayammum and the fast of that day will be in order.

793. If a woman becomes pure from Haydh or Nifas before the time of Fajr prayer in the month of Ramaèàn and she has no time to do Ghusl, she should perform Tayammum. But it is not necessary for her to remain awake till the time of Fajr prayer. The same rule applies to a person whose obligation is Tayammum after getting into the state os Janabah.

794. If a woman gets pure from Haydh or Nifas just near the time of Fajr prayer in the month of Ramaèàn, and has no time left for Ghusl or Taymmum, her fast is valid.

795. If a woman gets pure from Haydh or Nifas after the Fajr, or if Haydh or Nifas begins during the day though just near the Maghrib time, her fast is void.

796. If a woman forgets to do Ghusl for Haydh or Nifas and remembers it after a day or more, the fasts that she has observed will be valid.

797. If a woman is in a state of excessive Istihadah, her fast will be valid even if she does not carry out the rules of Ghusls as explained in rule no 215 this is like the fast of a woman who is in the medium Istiadah, which will be in order even if she does not do the Ghuslsprescribed for her.

798. A person who has touched a dead body (i.e. has pought any part of his own body in contact with it) can observe fast without having done Ghusl for touching a dead body, and his fast does not become void even if he touches the dead body during the fast.

VII. Enema

799. If liquid enema is taken by a fasting person, his fast becomes void even if he is obliged to take it for the sake of treatment.

VIII. Vomiting

800. If a fasting person vomits intentionally, his fast becomes void, though he may have been obliged to do so on account of sickness. However, the fast does not become void, if one vomits forgetfully or involuntarily.

801. If a fasting person can stop vomiting which is happening by itself, it is not necessary to stop it.

802. If a fasting person belches and something comes out into his throat or mouth, he should throw it out, however if it is swallowed unintentionally, his fast is in order.

Rules Regarding Things which Invalidate a Fast

803. If a person intentionally and voluntarily commits an act which invalidates fast, his fast becomes void, but if he commits such an act unintentionally, there is no harm in it (i.e. his fast is valid). However, if a person in Janabah sleeps and does not do Ghusl till the time of Fajr prayer, in certain cases explained in detailed rules, his fast is void. And if a person due to ignorance of the rule that a certain act will invalidate the fast not neglecting in learning it, or due to reliance upon some authority which he thought was genuine, unhesitatingly commits an act which invalidates the fast, his fast will not be void, except in the cases of eating, drinking and sexual intercourse.

804. If a fasting person forgetfully commits an act which invalidates fast and thinking that his fast has become void, commits intentionally another act which invalidates fast, the rule will be like the previous rule.

Obligatory Qada Fast and Kaffarah

805. In the following situations, both Qada and Kaffarah become obligatory, provided these acts are committed intentionally, voluntarily and without any force or pressure, during the fasts of Ramaèàn:

(i) Eating

(ii) Drinking

(iii) Sexual Intercourse

(iv) Masturbation

(v) Staying in the state of Janabah till the time of Fajr prayer

806. If a person commits any of the foregoing acts with an absolute certitude that it does not invalidate fast, Kaffarah will not be obligatory on him. The same rule applies when a person did not know that fasting was obligatory upon him, like persons in the beginning of Bulugh.

Kaffarah for Fast

807. The Kaffarah of leaving out a fast of Ramaèàn is to:

(a) free a slave, or (b) fast for two months or (c) feed sixty poor to their fill or give one Mudd (about ¾ kg) of food-stuff, like wheat or barley or pead etc. to each of them. And if it is not possible for him to fulfil any of these, he should give Sadaqah (charity) according to his means and if this too is not possible, he should seek Divine forgiveness, and the obligatory precaution is that he should give Kaffarah as and when he is capable to do so.

808. A person who intends fasting for two months as a Kaffarah for a fast of Ramaèàn, should fast continuously for one month and one day, and it would not matter if he did not maintain continuity for completion of the remaining fasts.

809. A person who intends fasting for two months as a Kaffarah for a fast of Ramaèàn, should not commence fasting at such time when he knows that within a month and one day, days will fall when it would be forbidden or obligatory to fast, like ‘Id-ul-dha***.

810. If a person who must fast continuosly, fails to fast on any day in the period without any just excuse, he should commence fasting all over again.

811. If a person who must fast continuously, is unable to maintain the continuity due to an excuse beyond control, like Haydh or Nifas or a journey, which one is obliged to undertake, it will not be obligatory on him/her after the excuse is removed, to commence fasting again from the beginning. He/she should proceed to observe the remaining fasts.

812. If a person peaks his fast with something Halal (allowed), one Kaffarah will be sufficient.

813. If a person in a day of Ramaèàn repeats an act which invalidates fast like eating, drinking, sexual intercourse or masturbation, one Kaffarah will be suuficient for all.

814. If a fasting person belches and then swallowes intentionally that which comes in his mouth, as an obligatory precaution his fast becomes void and he should give its Qada and Kaffarah also.

815. If a person takes a vow that he would fast on a particular day, and if he invalidates his fast intentionally on that day, he should give Kaffarah, the one for which one becomes liable upon peaking a vow. The details will come in the relevant Chapter.

816. When a person is required to feed sixty poor by way of Kaffarah for one fast, and if he has access to all of them, he cannot lessen their number and give them the total Kaffarah, for example give two Mudds of food to each of thirty persons, and content himself to it. However, he can give to a poor person one Mudd of food for each member of his family, even if they may be minors, and the poor person accepts it as an agent of his family or as a guardian of the minors. And if one cannot find sixty poor persons, but can find fewer, say thirty persons, he can give two Mudds to each of them, but as an obligatory presaution, he should give food to another thirty persons, one Mudd to each, whenever possible.

817. If a person offering Qada of a fast of Ramaèàn intentionally peaks his fast after Tuhr, he should give food to ten poor persons, one Mudd to each, and if he cannot do this, he should observe fast for three days.

Occasions on which it is obligatory to Observe the Qada Only

818. In cases like the following cases it is obligatory on a person to observe a Qada fast only and it is not olbigatory on him to give a Kaffarah:

(i) If he forgets to do Ghusl of Janabah during the month of Ramaèàn and fasts for one or more days in the state of Janabah.

(ii) If in the month of Ramaèàn, a man without investigating as to whether Fajr has set in or not, commits an act, which invalidates a fast, and it becomes known later that it was Fajr.

(iii) If a person peaks his fast relying on the statement of another person whose statement is proof, or the person thinks that his statement is proof, and it is known later that Maghrib had not set in.

(iv) When one rinses his mouth with water because it has dried due to thirst and the water uncontrollably goes down one's throat. But if he forgets that he has kept a fast, or if he does the mouthwash not because of thirst, and water is uncontrollably swallowed, there will be no Qada’.

819. If a fasting person puts something other than water in his mouth and it goes down the throat involuntarily, or puta water in his nose and it goes down involuntarily, it will not be obligatory on him to observe Qada’ of the fast.

820. If in the month of Ramaèàn, a person does not become aware, after investigation, of being Fajr and commits an act which invalidates a fast, and it is later known that it was Fajr already, it will not be necessary for him to offer Qada’ of that fast.

821. If a person doubts whether or not Maghrib has set in, he cannot peak his fast. But if he doubts whether or not it is Fajr he can commit, even before investigation, an act which invalidates a fast.

Rules Regarding the Qada’ Fasts

822. If a person did not fast on certain days because of some excuse and later doubts about the exact date on which the excuse was over, it will not be obligatory on him to offer Qada’ basing his calculation on the higher number and it is sufficient to offer Qada’ only for such a number of days that he is sure he has not fasted.

823. If a person has to give Qada for Ramaèàn fasts of several years, he can begin with the Qada of Ramaèàn of any year as he like.

824. If a person has Qada fasts of the month of Ramaèàn for several years, and while making intention he does not spicify to whcih year the fasts belong, they will not be reckoned to the Qada of the last year, for which giving Kaffarah of delaying is not necessary.

825. A person who observe sa Qada for the fast of Ramaèàn can peak his fast before Tuhr.

826. If a person does not fast in the month of Ramaèàn due to illness and his illness continues till next Ramaèàn, it is not obligatory on him to observe Qada of the fasts which he had not observed, but for each fast he should give one Mudd (near 3/4 kilos) of food, like wheat, barley, pead etc. to the poor. And if he did not observe fast owing to some other excuse, like, if he did not fast because of travelling and his excuse continued till next Ramaèàn, he should observe its Qada fasts, and the obligatory precaution is that for each day he should give one Mudd of food to the poor.

827. If a person did not fast in Ramaèàn due to illness, and his illness ended after Ramaèàn, due there emerged another excuse due to which he could not observe the Qada fasts till next Ramaèàn, he should offer Qada for the fasts which he did not observe basis of obligatory precaution, he will give one Mudd of food to the poor for each day. Alao, if he had an excuse other than illness during Ramaèàn, but that excuse anded after Ramaèàn, due he then fell ill and could not give Qada’ till next Ramadan becausr of that illness, he will of fer the Qada’for the fasts he did not obsreve.

828. If a person does not observe fasts in the month of Ramaèàn owing to some excuse and his excuse is removed after Ramaèàn, yet he does not observe the Qada fasts intentionally till next Ramaèàn, he has to give Qada of the fasts and should also give one Mudd of food to the poor for each fast.

829. A person who has to give one Mudd of food to the poor for each day, can give the foods of Kaffarah of a few days to one poor person.

830. If a person does not observe fasts of the month of Ramaèàn intentionally, he should give their Qada and for each day left out, he should observe fast for two months or feed sixty poor persons or set a slave free, and if he does not observe the Qada till next Ramaèàn, he should, as an obligatory precaution, also give one Mudd of food for each day as a Kaffarah.

831. After the death of a person his eldest son, as an obligatory precaution, should observe his Qada fasts of Ramaèàn as explained in connection with the prayers earlier, or he can give one Mudd of food to a poor for each day, even if from the properties of the dead person with the permission of the heirs.

Fasting by a Traveller

832. A traveller for whom it is obligatory to shorten the four Rak'ah prayers to two Rak'ahs, should not fast. However, a traveller who offers full prayers, like, a person who is a traveller by profession or who goes on a journey for an unlawful purpose, should fast while travelling.

833. If a person does not know that the fast of a traveller is invalid and observe fast while journeying, and learns about the rule during the day, his fast becomes void, but if he does not learn about the rule till Maghrib, his fast is valid.

834. If a fasting person travels after Tuhr, he should, as a precaution, complete his fast and in this case Qada is not necessary. If he travels before Tuhr, he cannot as a precaution, fast on that day especiall when he had the intention to travel from the previous night. In any case, he cannot peak the fast till he has reached the limit of Tarakhkhus. If he does, he will be liable to give Kaffarah.

835. If a traveller in the month of Ramaèàn, regardless of whether he was travelling before Fajr, or was fasting and then undertook the journey, reaches his hometown or a place where he intends to saty for ten days before Tuhr, and if he has not committed an act which invalidates a fast, he should, as a precaution, fast on that day and in this case Qada is not necessary. But if he has committed such an act, it is not obligatory on him to fast on that day and he should offer its Qada’.

836. If a traveller reaches his hometown or a place where he intends to stay for ten days after Tuhr, as a precaution his fast will be void, and he should offer its Qada’.

People on Whom Fasting is Not Obligatory

837. Fasting is not obligatory on a person who cannot fast because of old age, or for whom fasting causes extreme hardship. But in the latter case, he should give one Mudd of food to the poor for every fast.

838. Fasting is not obligatory on a person who suffers from a disease which causes excessive thirst, making it unbearable, or full of hardship. But in the latter case, that is, of hardship, he should give one Mudd of food to the poor, for every fast. If he recovers later, enabling him to fast, it is not obligatory to give Qada’ for the fast.

839. Fasting is not obligatory on a woman in the end stages of pregance, for whom or for the child she carries fasting is harmful. For every day, however, she should give one Mudd of food to the poor. In both the cases, she has to give Qada for the fasts which are left out.

840. If a woman is suckling a child, whether she is the mother or a nurse or someone who suckles it free, and the quantity of her milk is small, and if fasting is harmful to her or to the child, it will not be obligatory on her to fast. And she should give one Mudd of food per day to the poor. In both the cases, she will later give Qada for the fasts left out. But as an obligatory precaution, this rule is specifically applicable in a circumstance where this is the only way of feeding milk to the child. But if there is an alternative, like, when more than one woman offer to suckle the child or the child feeds with bottle two, then establishing this rule is a matter of Ishkal.

Method of Ascertaining the First Dayod a Month

841. The 1st day of a month is established in the following four ways:

(i) If a person himself sights the moon.

(ii) If a number of persons confirm to have sighted the moon and their words assure or satisfy a person. Similarly, every other thing which assures or reasonably satisfies him about moon having being sighted.

(iii) If two just (Adil) persons say that they have sighted the moon at night, with conditions explained in detailed books.

(iv) If 30 days pass from the first of Sha'ban, the 1st of Ramaèàn and if 30 days pass from the lst of Ramadan the lst of shawwal will be established.

842. The 1st day of any month will not be proved by the verdict of a Mujtahid except when his verdict or establishment of the 1st of the month for him makes the person shure of the first of the month.

843. The first day of a month will not be proved by the prediction made by the astronomers. However, if a person derives full astisfaction and certitude from their findings, he should act accordingly.

844. If the moon is high up in the sky, or sets, late, it is not an indication that the previous night was the first night of the month. Similarly, if there is a halo round it, it is not a proof that the new moon appeared in the previous night.

845. If the first day of a month is proved in a city, it is also proved in other cities if they are united in their horizon. And the meaning of having a common horizon in this matter is that if new moon was sighted in a city, there would be a distinct possibility of sighting it in the other cities, if there were no impediments, like the clouds etc, and this occours when the city situated to the west of the first city is near it in latitude. And if the city is on the east of the first city, the first of the month is established when the unity of the horizons is known, even by this idea that the time of staying of the moon on the first city's horizon is more than the difference between the time of sunsel in both cities.

846. If a person does not know whether it is the last day of Ramaèàn or the first of Shawwal, he should observe fast on that day, and if he comes to know during the day that it is the first of Shawwal, he should peak the fast.

Halal (allowed) and Makruh and Mustaa*ab Fasts

847. It is Halal (allowed) to fast on the day of I'd-ul-Fii`r and I'd-ul-Adhha. It is also Halal (allowed) to fast with the intention of the first day of Ramaèàn on a day about which he is not sure whether it is the last day of Sha'ban or the first of Ramaèàn.

848. It is Halal (allowed) for a wife to keep a Mustaa*ab fast if it is inconsisten with the right of the husband's interests. This rule applies also in obligatory fasts which have not certain fixed days, like a vow without fixed day, in which, as an obligatory precaution, the fast is void and it does not suffice for the vow. And if the husband forbids her to fast a recommended or non fixed obligatory fast, her fast is Halal (allowed), even if it is not inconsistent with his right. The recommended precaution is that.she should not observe a Mustaa*ab fast without his permission.

849. It is Halal (allowed) for the childeren to observe a Mustaa*ab fast if it causes emotional suffering to their parents.

850. If a son or daughter observes a Mustaa*ab fast without the permission of this or her father or mother, and his or her father or mother prohibits him or her from it during the day time, the child should peak the fast if his or her disobedience would hurt the feeling of his or her mother or father.

851. If a person knows that fasting is not considerably harmful to him, he shuold fast even if his doctor advises that it is harmful. And if a person is certain or has a feeling that fasting is considerably harmful to him, it is not obligat ory to fast even if the doctor advises for it.

852. If a person is sure or has a certitude that it is considerably harmful for him to fast or considers it probable, and owing to that feeling, fear is created in his mind, and if that feeling is acceptable to the wise, it is not obligato ryto observe fast, and if that harm results in death or a defect in body, fasting is Halal (allowed). In cases other than this, if one fasts with the intention of Raja, and it is known later that it had not considerable harm for him, his fast will be in order.

853. Fasting is Mustaa*ab on every day of a year except those on which it is Halal (allowed) or Makruh to observe a fast. Some of these have been strongly recommended, which are explained in detailed books.