[Introduction]
Fasting in the month of Ramadan is one of the `pillars' of the Islamic faith. No proof is required to establish its being obligatory(wajib)
and one denying it goes out of the fold of Islam, because it is obvious like salat, and in respect of anything so evidently established both the learned and the unlettered, the elderly and the young, all stand on an equal footing.
It was declared an obligatory duty(fard)
in the second year of the Hijrah upon each and every mukallaf (one capable of carrying out religious duties, i.e. a sane adult) and breaking it(iftar)
is not permissible except for any of the following reasons:
1. Hayd and nifas: The schools concur that fasting is not valid for women during menstruation and puerperal bleeding.
2. Illness: The schools differ here.
• The Imamis observe: Fasting is not valid if it would cause illness or aggravate it, or intensify the pain, or delay recovery, because illness entails harm(darar)
and causing harm is prohibited(muharram)
.
Moreover, a prohibition concerning an `ibadah (a rite of worship) invalidates it. Hence if a person fasts in such a condition, his fast is not valid(sahih)
. A predominant likelihood of its resulting in illness or its aggravation is sufficient for refraining from fasting. As to excessive weakness, it is not a justification for iftar as long as it is generally bearable. Hence the extenuating cause is illness, not weakness, emaciation or strain, because every duty involves hardship and discomfort.
• The four Sunni schools state: If one who is fasting (sa'im) falls ill, or fears the aggravation of his illness, or delay in recovery, he has the option to fast or refrain. Iftar is not incumbent upon him; it is a relaxation and not an obligation in this situation. But where there is likelihood of death or loss of any of the senses, iftar is obligatory for him and his fasting is not valid.
3. A woman in the final stage of pregnancy and nursing mothers.
• The four schools say: If a pregnant or nursing woman fears harm for her own health or that of her child, her fasting is valid though it is permissible for her to refrain from fasting. If she opts for iftar, the schools concur that she is bound to perform its make up (qada') later. They differ regarding its substitute(fidyah)
and atonement(kaffarah)
.
- In this regard the Hanafis observe: It is not at all wajib.
- The Malikis are of the opinion that it is wajib for a nursing woman, not for a pregnant one.
- The Hanbalis and the Shafi`is say: Fidyah is wajib upon a pregnant and a nursing woman only if they fear danger for the child; but if they fear harm for their own health as well as that of the child, they are bound to perform the qada' only without being required to give fidyah. The fidyah for each day is one mudd, which amounts to feeding one needy person (miskin.).
• The Imamis state: If a pregnant woman nearing childbirth or the child of a nursing mother may suffer harm, both of them ought to break their fast and it is not valid for them to continue fasting due to the impermissibility of harm. They concur that both are to perform the qada' as well as give fidyah, equalling one mudd, if the harm is feared for the child. But if the harm is feared only for her own person, some among them observe: She is bound to
perform qada' but not to give fidyah, others say: She is bound to perform qada' and give fidyah as well.
4. Travel, provided the conditions necessary for salat al-qasr, as mentioned earlier, are fulfilled as per the opinion of each school.
• The four Sunni schools add a further condition to these:
• The journey should commence before dawn and the traveler should have reached the point from where salat becomes qasr before dawn. Hence if he commences the journey after the setting in of dawn, it is haram for him to break the fast, and if he breaks it, its qada' will be wajib upon him without a kaffarah.
• The Shafi'is add another condition, which is that the traveller should not be one who generally travels continuously, such as a driver. Thus if he travels habitually, he is not entitled to break the fast.
• In the opinion of the four Sunni schools, breaking the fast is optional and not compulsory. Therefore, a traveller who fulfils all the conditions has the option of fasting or iftar. This is despite the observation of the Hanafis that performing salat as qasr during journey is compulsory and not optional.
• The Imamis say: If the conditions required for praying qasr are fulfilled for a traveler, his fast is not acceptable. Therefore, if he fasts, he will have to perform the qada' without being liable to kaffarah. This is if he starts his journey before midday, but if he starts it at midday or later, he will keep his fast and in the event of his breaking it will be liable to the kaffarah of one who deliberately breaks his fast.
And if a traveler reaches his hometown, or a place where he intends to stay for at least ten days, before midday without performing any act that breaks the fast, it is wajib upon him to continue fasting, and in the event of his breaking it he will be like one who deliberately breaks his fast.
5. There is consensus among all the schools that one suffering from a malady of acute thirst can break his fast, and if he can carry out its qada' later, it will be wajib upon him without any kaffarah, in the opinion of the four schools. In the opinion of the Imamis, he should give a mudd by way of kaffarah. The schools differ in regard to acute hunger, as to whether it is one of the causes permitting iftar, like thirst.
• The four schools say: Hunger and thirst are similar and both make iftar permissible.
• The Imamis state: Hunger is not a cause permitting iftar except where it is expected to cause illness.
6. Old people, men and women, in late years of life for whom fasting is harmful and difficult, can break their fast, but are required to give fidyah by feeding a miskin for each fast day omitted: similarly a sick person who does not hope to recover during the whole year. The schools concur upon this rule excepting the Hanbalis, who say: Fidyah is mustahabb and not wajib.
7. The Imamis state: Fasting is not wajib upon one in a swoon, even if it occurs only for a part of the day, unless where he has formed the niyyah of fasting before it and recovers subsequently, whereat he will continue his fast.
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Author: Muhammad Jawad Mughniyyah
