The Chapter on Fasting from the Risālah of ʿAbdullah ibn Abī Zayd al-Qayrawānī (310/922 – 386/996)

From The Risālah : A Treatise on Mālikī Fiqh  by ʿAbdullah ibn Abi Zayd al-Qayrawānī (310/922 – 386/996)

Translated by Alhaj Bello Mohammad Daura, MA (London)

(Including commentary from ath-Thamr ad-Dani by al-Azhari) Abu Muhammad ‘Abdullah, a Maliki faqih known as “Shaykh al-Faqih” and “little Malik”. He was the head of the Maliki school in Qayrawan. He wrote ar-Risala and an-Nawadir and several other books. (His biography in the Tartib al- Madarik)

Note: The quoted text of the Risālah is in bold print and the explanation of the text is below in brackets [].

Chapter Twenty-Four: On Fasting

{This also deals with things connected to it like the Tarawih prayer. Linguistically “siyam” means to restrain and abandon. Whoever forgoes something is said to be fasting. Allah Almighty says in the story about Maryam, “I have vowed a fast to the All-Merciful,” (19:26) meaning a silence, which is withholding from words. In the Shari’a, it is to restrain the appetites of the stomach and genitals from dawn to sunset with an intention before or at dawn except in days of menstruation, lochia and ‘ids.

Fasting is divided into the obligatory and non-obligatory.] [Khalil: tobacco is also avoided in the fast.]

23.1 Its Ruling

Fasting the month of Ramadan is obligatory.

[It is obligatory by the Book, the Sunna and consensus. Whoever denies that it is obligatory to fast Ramadan is an unbeliever by agreement. Whoever affirms its obligation and refuses to fast it is a rebel and is compelled to do it.

It is affirmed that the fast of Ramadan begins by one of two things, either by the month of Sha’ban lasting 30 days or by sighting the new moon.]

23.2 Beginning the Fast

23.2a. When the fast begins

You start fasting when the new moon is sighted and you stop fasting when the new moon is sighted, whether this is after thirty or twenty-nine days. If the new moon cannot be seen because of clouds you count thirty days from the beginning of the preceding month and then begin fasting. The same applies to ending the fast.

[His literal words are whether the sighting is exhaustive, when a group sight it so that impossible to accuse them of lying because their report gives information, or with two witnesses of good character only, with clouds or clear skies, meaning there is no difference between the large and small town.

Similar to the two witnesses of good character is one whose report is trusted, even if a slave or a woman, when the place does not pay attention to the business of the new moon in respect of the people of the seer and others. If the place is concerned with the business of the new moon, the seeing of one does not affirm it, even for his family, and even if they believe him, but he must present his business to the ruler. It is not permitted for him to break the fast. If he breaks it, he disbelieves, even if by interpretation because the interpretation is unlikely. The fast is also broken by seeing the moon of Shawwal. If there are clouds, then you count from the beginning of the month of Sha’ban. The basis for this is what is in the two Sahih collections that he said, “Fast when you see it and break the fast when you see it. If it is cloudy, then complete the number.

There are seven preconditions for the fast.]

23.2b. 1. The intention

You should make an intention to fast the whole month at the beginning of the month and it is not necessary to make a new intention every night for the rest of the month.

[He should formulate the intention with his heart the first night of Ramadan after sunset and before dawn or at dawn as an act of nearness to Allah Almighty by performing what is obliged of him during the day of refraining from eating, drinking and intercourse. It is not an obligation to make the intention on the rest of the days. Malik says that the intention is must be made at night, and that is stated by ash-Shafi’i and Abu Hanifa, because the days of the month are individual acts of worship separate from one another. The invalidation of one does not invalidate another, and they are not impaired by what is contrary to them at night, like eating, drinking and intercourse. So the days become like the five prayers during the day. It is obliged to give day an intention for the fast as it is obligatory to have an intention for every prayer. The evidence of the Maliki School is the words of the Almighty, “So every one of you who is present (at his home) during that month should spend it in fasting..” (2:185) This command is transferred to one fast, which is the fast of the month. The intention is made in the nightbased on what the authors of the Sunan reported of the words of the Prophet: “Whoever does not intend the fast before dawn has no fast.” Advancing it is overlooked in the fast because of the difficulty. Ibn Naji said,” The literal words of the shaykh is that it is not obliged for someone who breaks the fast, like the menstruating women, to renew the intention. That is the case according to Ashhab and others. There remain the sick person and traveller when they continue to fast. They are obliged to make the intention every night beause it is not oblgiatory for them to continue. When the sick person becomes well and the traveller arrives, the intention for what is remains is enough for them, like the menstruating woman who becomes pure, the child who reaches puberty in the fast, and the kafir who becomes a Muslim during the month.

The other preconditions are:

2. Islam.

3. Sanity.

4. Being free of menstruation and lochia.

5. Refraining from things that break the fast.

6.The ability to fast.

7. Adulthood.]

23.2c. Duration of the fast

You fast until night comes

[Based on the ayat and because the Prophet said in the Sahih, “When night advances from there and the day retreats from here and the sun sets, the faster breaks the fast.”]

and it is sunna to break the fast as soon as possible

[When you are certain the night has come. There is disagreement about continuing after sunset. Some say that it is unlawful as it is unlawful on the Day of the ‘Id. Some say it is permitted and he has the reward of the faster. The fiqh of the question that he he has the reward of the faster is weak. The statement that it is unlawful is more likely unless his intention is that it is obliged for him. Otherwise, it is disliked when it is without necessity.]

23.2d. Delaying suhur

and to delay your suhur.(1) If you are not sure if the time of fajr has come or not you should not eat.

[Sahur means what is eaten and suhur is the act of eating. The amount of the best delay after finishing eating and drinking there remains until Fajr the amount of time it takes to recite 50 ayats. The basis for this is the words of the Prophet, “My community will continue to be all right as long as they hurry to break the fast and delay the sahur.” (Ahmad) If he is unsure of the time of Fajr, he should not eat or drink or have intercourse. This can mean prohibition or dislike. The well-known position is that it is a prohibition. If he is unsure about sunset, it is unlawful to eat and otherwise break the fast by agreement.]

23.2e. Not fasting the Day of Doubt

You do not fast the ‘day of doubt’, [2] fasting on the grounds that it might be part of Ramadan.

[This prohibition is one of dislike according to the probable text of the Mudawwana. Ibn ‘Abdu-s- Salam said, “What is probable is that it is a prohibition based on what at-Tirmidhi related in a hasan sahih hadith: ‘Ammar ibn Yasir said, “Whoever fasts the Day of Doubt, has rebelled against Abu’l- Qasim (the Prophet).” We consider the Day of Doubt which is forbidden to fast to be the day when it was cloudy on the night of the 29th and vision was not established, and so the morning of that night is the Day of Doubt.]”

23.2f. Its judgement when it is fasted

If you do this it is not counted even if it turns out to have been Ramadan.

[If you fast the Day of Doubt out of caution and then it is established to be Ramadan, it is not counted because the intention was not firm.]

If you want to fast that day as a voluntary fast, however, you can do so.

[i.e. this is when it is his custom to fast.]

23.2g. When you discover it is Ramadan in the morning

If you get up in the morning and discover, before having eaten or drunk anything, that Ramadan has begun you must fast the rest of the day but you cannot count it as one of the days of your Ramadan and you have to make up a day.

[If this happens, you have to make it up by the lack of the intention. Nevertheless you must avoid food and drink and anything that would invalidate the prayer for the rest of the day. It is also obligatory for him to fast if he has eaten or drunk or the like. He makes it up, but there is no kaffara since he forgot or it was intentional by interpretation. If it is something else, then he must do kaffara.]

23.2h. When someone returns from a journey or stops menstruating

If someone returns from a journey and they are not fasting or if a woman finishes menstruating during the day then in both these cases it is alright for them to eat and drink during the remainder of that day.

[This in the daytime. It is not recommended for them to refrain. It is the same in the case of the child who reaches maturity, the madman who recovers his senses, the sick person who starts out not fasting and then becomes well. It is the same for the one who faints and then regains consciousness, the one compelled by the necessity of hunger or thirst, and the nursing woman whose child dies in the day. It is the same for an unbeliever who becomes Muslim, although it is recommended for him to refrain which is not the case with the others. As for the one who breaks his fast by forgetfulness or on the Day of Doubt or is forced to break it, and their excuse is removed, then it is obligatory for them to refrain.

When the one forced breaks his fast after the compulsion is removed, he must make it up with kaffara unless there was a valud interpretation.]

23.3 The ruling on breaking a voluntary fast

23.3a. Breaking it intentionally

If you are doing a voluntary fast and break your fast intentionally, or if you start off on a journey and break your fast because of it, you must make up that day.

[Without compulsion or excuse, or because you set off on a journey while observing a voluntary fast and then break it because of it: it is obligatory to make it up in both cases. Ibn ‘Umar said that there is disagreement about when he breaks it intentionally: is it recommended to fast for the rest of it or is that not recommended as al-Uhjuri said? ]

23.3b. Breaking it unintentionally

If in a voluntary fast you break your fast unintentionally you do not have to make up a day but if this happens in the obligatory fast you have to make up a day.

[There is no disagreement that it is not obligatory to make it up if it is unintentional, but there is a disagreement about whether it is recommended and there are two positions. Ibn al-Qasim heard that it is recommended. When the obligatory fast is unintentionally broken, it must be made up. Zarruq said, “The literal meaning of his words is that the obligatory is in Ramadan or elsewhere.”]

23.4 Things which break or do not break the fast

23.4a. Siwak

There is no harm in using a siwak at any time during the day while you are fasting

[This is stated in the Mudawwana. It means it is permissible, as Ibn al-Hajib stated, “The siwak is permitted every day as long as nothing splits off from it. It is disliked to moisten it.” Some of them said that it is permitted after midday for the one who does not have a legal requirement. As for a legal requirement like wudu’, the prayer, recitation and dhikr, it is recommended. That is correct as the hadith shows in the words of the Prophet, “If it were not that it would be hard on my communtiy, I would comamnd them to use the siwak for every prayer.” So this includes the person who is fasting. When he says, “during the day while you are fasting” that alludes to the words of ash-Shafi’i and Ahmad ibn Hanbal that it is preferred before midday and disliked after it based on what is in the Sahih where the Prophet said, ‘The odour of the the mouth of the faster is sweeter with Allah than the scent of musk.” That is because of Allah’s pleasure with him and His praise for the faster.]

23.4b. Blood-letting

and blood-letting is not disliked except if doing it will cause over-exhaustion.

[i.e. illness. In the dictionary, it means to expose oneself to death. Therefore cupping is only disliked when illness is feared because he is unsure about health and its absence. If he knows it is safe, there is no dislike.]

23.4c. Vomiting

If you vomit involuntarily while fasting in Ramadan you do not have to make up a day

[If it is in Ramadan or another day, there is no obligation or recommendation to make it up, whether it is for a reason or simply on account oif fullness, and whether the food has been altered or not. This is when he knows that none of it went back to his stomach after reaching his mouth. If he knows that some of it went back after it reached his mouth, then he must make it up when it is unintentional.

Otherwise he owes kaffara. He must also make it up if he is unsure about that. Undigested food is like vomit. It is what emerges from the mouth of the intestines when they are full. As for phelgm which reaches the end of the tongue and he swallows it deliberately, there is no making up. It is the same with spit which he collects in his month and then swallows. He does not have to make anything up.]

23.4d. Swallowing vomit

but if you make yourself vomit you have to make up a day.

[There are two statements about whether this is obligatory or recommended. Ibn al-Hajib says that the first is well-known, and it is preferred. Ibn al-Jallab preferred the second. The literal words of the Shaykh is that there is no kaffara for the one who makes himself vomit in Ramadan. There is some disagreement in the question about whether or not there is kaffara. ‘Abdu’l-Malik said that he makes it up and does kaffara. Ibn al-Majishun says that the one who makes himself vomit intentionally without illness must make it up and do kaffara. Abu’l-Faraj says that if Malik had been asked about the like of it, he would have obliged kaffara. It is related from Ibn al-Qasim that he just makes it up.

Know that breaking the fast in Ramadan is obligatory in certain cases and permitted in some. The first category is when a woman menstruates during the day: she must break the fast for the rest of the days.]

23.5 Pregnant and nursing women

23.5a. Pregnant women

If a pregnant woman is afraid on account of the child in her womb she should break the fast.

She does not have to feed anyone in expiation. It has also been said that she should feed people.

[If she fears for her child or herself or that she will become ill, she breaks the fast and that is obligatory. According to the well-known position, she does not feed people, but simply makes it up. It is said that she should feed as related by Ibn Wahb. What is understood from his words is that it is when she does not fear, she does not break it even if the fast exhausts her. That is not the case. If the fast exhausts her, she can choose to break it. What is derived from what Ibn ‘Arafa says is that the pregnant woman, nursing woman and sick person can break the fast when fasting if it is difficult for them, even if they do not fear illness or its increase. The healthy person cannot break the fast when it is difficult. There are two statements about whether he breaks the fast out of fear of illness. Part of the second, which is that illness permits it in some cases, is when he fears increased or continuing illness.

If he fears death or great harm, then he must break it. In the fear which permits breaking the fast, the person relies on the the doctor’s statement, or his own personal experience, or the experience of someone with a constitution like him. Travel has its preconditions which will be discussed.]

23.5b. Nursing women

Similarly, if a nursing mother fears for her child and cannot find a wet nurse, or if the child will not accept to be fed by anyone else, she can break the fast but she must feed people in expiation.

[This is permission if she fears for her child or herself on account of fasting. In such a case she must feed people. It is also said that it is an obligation to break the fast and feed people.]

23.6. The old

If an old man cannot fast, it is recommended for him to feed people.

[If he is unable to fast at any time, he is permitted to break the fast by the words of Allah, “No self is charged beyond what it can bear,”(2:233) and “He has not placed any constraint on you in the deen.” (22:78) The literal text of the Mudawwana is contrary to what he mentioned of the recommendation to feed. He says that there is no fidya. However, the Mudawwana relates that he is not obliged to feed and so that is not contrary to the recommendation.]

23.7. Feeding people (Fidya)

23.7a. Its amount

Feeding people in this context consists of giving away one mudd for each day which has to be made up.

[Feeding is done by the pregnant woman fearful for what is in her womb, the nursing mother who fear for her child, and the very old man who cannot fast is a mudd, by the Prophet’s mudd.]

23.7b. Its ruling

Someone who fails to make up missed days before the following Ramadan should also feed a poor person for each day they still owe.

[The ruling varies because the feeding done by an old person, as was said, is recommended. The feeding of a nursing woman is obligatory. The literal sense of his words is that making up Ramadan is at leisure, and it is what is indicated by the hadith of ‘A’isha in the Muwatta’. She said, “I used to have to make up days from Ramadan and not be able to fast them until Sha’ban came because I was busy with the Messenger of Allah.” So it is evident that it it permissible to delay it until Sha’ban, even if what was delayed becomes immediately obligatory. That shows that the obligation is wide. Malik said that it should be immediate, but that is weak. According to the first statement, he is considered to be lax in Sha’ban when he is healthy and at home, and so they must feed. When he owes 15 days, then residence and health are considered at the last half of Ramadan and feeding is obligatory if he is sound and resident. If he is ill in it or on a journey, there is no feeding. According to the second, laxity is considered in Shawwal according to what he owes of fasting based on analogy with what we said about Sha’ban. If Ramadan is 30 and he fasts a month to make it up and it is 29, then he completes the 30. It is permitted to make it up at any time in which it is permitted to fast voluntarily. It is not made up in days when it is forbidden to fast.]

23.8 Children

Children are not obliged to fast until such time as a boy has his first wet dream or a girl her first menstrual period because it is when children reach physical maturity that all the physical acts of worship become obligatory for them. Allah ta’ala says, “When your children reach physical maturity they should seek permission (to enter).” (24:59)

[One of the preconditions for the fast is being an adult. It is neither obligatory nor recommended for children to fast. Maturity is by ejaculation or age which is 18 in the well-known position. This is different from the prayer. It is recommended to command them to do it. Maturity is what brings the person from childhood to manhood and sense. All acts – prayer, fasting, hajj and raiding are obligatory for them, as well as actions of the heart, like the obligation of intentions which are obligatory because the intention is one of the actions of the heart, and creeds like the belief that Allah is One, for example. Evidence that obligations become incumbent children when they reach maturity is in the words of Allah Almighty. Asking permission is obliged then and is connected to maturity.]

23.9 Defilements

If someone who has not done ghusl wakes up after fajr in a state of janaba or if the period of a woman who has been menstruating finishes before fajr and she does not do ghusl till after fajr, then fasting that day is valid in both these cases.

[This is either from intercourse or an intentional or unintentional wet-dream in an obligatory or voluntary fast, or a woman has her period stop and sees that she is pure before fajr. If they do not have a ghusl until after dawn, even if they are able to do, their fast is still allowed and they owe nothing.

The validity of the fast of the person in janaba is that it is confirmed that the Prophet was in janaba at fajr in Ramadan and he had a ghusl and fasted. As for the validity of the menstruating woman whom becomes pure before fajr in Ramadan, it is agreed that that is when she is pure before fajr with the amount in which she could wash. According to the well-known position that also applies to the amount of time in which it is not possible to wash. If she becomes pure after fajr, her fast is not valid.]

23.10 On Feast days

23.10a. Not allowed on the ‘id Fasting is not permitted on the day of ‘Id al-Fitr or the day of the ‘Id al-Adha nor should anyone fast the two days after the ‘Id al-Adha unless he is doing Hajj Tamatt’a and does not have an animal to sacrifice.

[As it is not permitted, it is not valid since it is forbidden by the Prophet to fast them.]

23.10b. The fourth day

There should be no voluntary fasting on the fourth day either but if someone has vowed to fast or has previously broken off a consecutive fast, they should fast that day.

[The fourth day after the Day of Sacrifice is not made a voluntary fast. It is fasted by someone who has fasted Shawwal and Dhu’l-Qa’da for kaffara for a dhihar divorce or murder and then becomes ill and regains his health in the fourth night. He can fast it.]

23.11 Making up the fast

23.11a. Breaking the fast out of forgetfulness

If you break the fast in Ramadan out of forgetfulness you only have to make up that day.

[You are obliged to continue to fast and to abstain through the rest of day of Ramadan. You are obliged to continue to fast when you break it by forgetfulness in an obligatory fast other than Ramadan. There is no making up in the well-known position. One should be careful about forgetting.

When you break it intentionally you owe kaffara as well as making up. That is why he says “only” since he has he owes no kaffara because which differs from Ibn al-Majishun and Ahmad who say that there is kaffara if he breaks it through intercourse based on the hadith of the bedouin who came to the Prophet beating his chest and pulling his hair, saying, “I am destroyed! I am destroyed!” The Prophet asked him, “What is the reason for this?” He replied, “I had intercourse with my wife in Ramadan” He commanded him to do kaffara. The reply to that by the Mālikī masters is that the circumstances of striking himself and pulling his hair indicate that the intercourse was intentional.]

23.11b. Breaking the fast because of illness

The same applies if you are forced to break the fast due to illness.

[When the fast is too difficult with it, or when he fears that the illness will continue longer, or increase, or healing will be delayed, he only has to make it up without kaffara. If it is an illness in which it is not difficult to fast or in which increased illness or delay of health is not feared, and he breaks his fast, then he must make it up and do kaffara.]

23.12. A traveller

23.12a. Length of journey

If you are on a journey for which you can shorten the prayer you are permitted to break the fast even if there is no particular need to do so, making up any days missed later, but according to us it is better to fast.

[If you go on a journey at the time of the intention such that you will reach a limit where shortening the prayers begins before dawn. So the distance is four or more mail stages of a return journey, and it should not be a journey involving disobedience of Allah. You are permitted to break it, eat, drink and have intercourse. This is even if the journey is not necessary. There is no disagreement that he must make up the fast by the words of the Almighty, “the prescribed number should be made up from days later,” (2:184) The Malikis prefer that the one one who is strong enough should fast because the Almighty says, “It is better for you if you fast.”]

23.12b A journey of less than the minimum

If anyone travels less than four mail stages (48 miles) and breaks the fast thinking it is permissible to do so, they do not have to do kaffara although they must make up the day. [Anyone who breaks the fast through an interpretation does not have to do kaffara.]

[Because he followed an interpretation. He is only obliged to make it up without dispute. The literal words about the one who uses interpretation not owing kaffara are unrestricted, but there is a well known disagreement. The interpretation must be a likely one. There is no kaffara because he is excused by relying on a strong reason. If the interpretation is unlikely, which is when its reason is not strong, then there is kaffara. One of the cases in which is the reason is strong is the case we mentioned about the old man, and the one who breaks the fast out of forgetfulness and then breaks it intentionally that it is permitted: he owes no kaffara. There is also the case of the person in janaba or menstruating before dawn who only had a ghusl for that after fajr and thought that the fast for that day was not obliged and deliberately did not fast: he has no kaffara. There is the case of someone who who has suhur at fajr and thinks that the fast for that day is not binding and so he breaks it after that intentionally: he owes no kaffara. There is the one who arrives after a journey at night in Ramadan and thinks that he does not have to fast the morning of that day and that one of the preconditions of the obligation of the fast is that he come from the journey before sunset. and so he breaks it deliberately: he owes no kaffara.

Unlikely cases are those in which the cause is weak. If he sees the moon of Ramadan and his testimony is not accepted and he thinks that the fast is not binding for him and so he breaks it – he owes kaffara. Part of it is the person who normally has a fever every three days and so when the day he comes he breaks the fast and then the fever comes to him on that day. He is obliged to do kaffara, and even more so if it does not come. One is the woman who normally menstruates on a particular day and so she does not fast that day and then she menstruates later in the day. One of them is the one slanders a person in Ramadan and thinks that that invalidates his fast because he ate the eat of his the flesh of his brother and so he breaks it intentionally. He must do kaffara, and make it up.]

23.13 Kaffara

23.13a. Who owes kaffara

Kaffara only applies to people who break the fast deliberately either by eating, drinking, or sexual intercourse.

[If he resolves to eat and drink or have intercourse, but does not do it, he owes nothing, either making it up or kaffara. It is same for someone who resolves to break wudu’ by breaking wind, for instance, and does not do it- he does not have to do wudu’.

In the case of intercourse, one distinguishes the deliberate from the forgetful and the ignorant, i.e. the one who was ignorant of the prohibition and the one who did not rely on anythng, like someone who is a new Muslim who believes that fasting does not forbid intercourse, for instance, and so does it -he owes no kaffara.]

23.13b. Making up the day

The actual day when the kaffara was incurred must also be made up on top of the kaffara itself.

[Making it up is obliged as well as the kaffara.]

23.13c. What kaffara consists of:

[The kaffara on account of eating, drinking, or intercourse deliberately in Ramadan by abuse or unlikely interpretation is one of three things from which one can choose.]

23.13d. 1. Feeding sixty people

The kaffara for breaking the fast consists of feeding sixty poor people with one mudd for each person using the mudd of the Prophet, may Allah bless him and grant him peace. This is the preferred way of doing kaffara according to us.

[It is taken from the normal food of the one who expiates or from the dominant food of the people: there is disagreement on that. Al-Lakhmi said: “That proceeds according to the disagreement about kaffara,” i.e. the kaffara of the oath, and the zakat al-fitr. The preferred position is that it is the food of the people of the land. It is understood from in his words about ‘sixty’, as in the Mudawwana, that it is not satisfied by giving 30 poor people two mudds each. If he gives to less than sixty, he takes back from each of them what is more than a mudd if it is in his possession and completes the sixty. If that has been consumed, he cannot take it back because he is the one who gave them power over that. What is meant by the poor person here is not what is meant by it in zakat, i.e. the one who does not have anything. What is meant is the one in need of it and the poor person who does not have food for that year. There disagreement about which of the three types is best. The well known position is that it is feeding and that is what is stated here. It is preferred by some of the people of Malik because it has more benefit.]

23.13e. 2. Freeing a slave

However, it is also possible to carry out kaffara by freeing a slave

[The second is freeing a slave. It is a precondition that it be a believer free of defects – like blind, dumb, or mad.]

23.13f. 3. Fasting two months

or fasting for two consecutive months.

[The third is to fast for two consecutive months. Kaffara is counted by the days.]

23.13g. Eating while making up

Someone who breaks the fast deliberately while making up a day of Ramadan does not have to do kaffara.

[This is because kaffara is one of the special things of Ramadan, and there is no disagreement in what we mentioned according to Ibn Naji. The disagreement is whether one or two days are made up. It is preferable that he makes it two, as ibn ‘Arafa said.

NOTE: Making up Ramadan is valid on separate or consecutive days, but doing it consecutively is better.]

23.14 Unconsciousness

23.14a. When someone regains consciousness after fajr

If someone becomes unconscious during the night and recovers consciousness after fajr he should make up a day.

[Ibn Habib said he is not commanded to refrain from eating for the rest of the day. Loss of consciousness is the removal of sense by an illness which afflicts him, as stated in at-Tahqiq. That which he relied on is the commentator of Khalil. The relied-on position is that if he is unconscious for all or most of the day, he must make it up, whether he is sound at the beginning of it or not. If he is unconscious for less than half of it, and is sound in the beginning of it, it is allowed. Otherwise it is not. We said ‘sound at the beginning,’ meaning conscious at the time of the intention, even if it he was unconscious before it and recovers before fajr for the amount of time in which he could do it, even he did not, according to the relied on position. This is when he made the intention in the night before it so that it is included in the intention for the month. Otherwise it is not, because there must be an intention since it is not valid without the intention. The one intoxicated by something lawful is like the unconscious person in the details mentioned, but the one who becomes intoxicated by something unlawful at night and remains drunk must make it up. If a sleeper makes the intention at the beginning of the month and then sleeps for the entire mouth, his fast is valid and he is free of responsibility.]

23.14b. Prayers which must be made up

He only has to make up a missed prayer if he comes to during the time it is due.

[If he fainted at night and wakes up after dawn. This was covered in the Chapter of Prayer. He repeats it here to point out that the fast is different from the prayer. The menstruating woman makes up the fast but no the prayer because of the difficulty of repeating it.]

23.15 Other Prohibitions in the Fast

23.15a. Guarding the tongue and limbs

When you are fasting you should guard your tongue and limbs

[That is recommended, and some say it is obligatory, and there is no contradiction between the two positions. The one who says it is obligatory applies to to refraining from the forbidden, and the one who recommends it applies it to refraining from what is not forbidden, like excessive permissive speech.

He mentions the limbs which are seven: hearing, sight, tongue, hands, feet, belly and genitals. The tongue is mentioned specifically because it results in the greatest calamities. It is said that there is not a morning but the limbs complain to the tongue, “We ask you by Allah, go straight and we will be straight. If you are crooked, we will be crooked. ‘Umar visited Abu Bakr and found him pulling his tongue. He said, “What, Abu Bakr!” He said, “Leave me. It has brought about things.” People should curtail what they say in Ramadan.]

23.15b. Honouring the month of Ramadan

and honour the month of Ramadan as Allah has honoured it.

[Allah says “the month of Ramadan in which the Qur’an was revealed.” (2:185) It is honoured by the recitation of Qur’an, dhikr, fasting, praying, sadaqa, and other acts of worship. It is disliked to esteem it by decorations and delegations and the like.]

23.15c. Avoidance of sexual pleasure in the day

A fasting man may not have sexual intercourse during the daytime in Ramadan nor may he touch a woman or kiss her to gain pleasure.

[Intercourse is forbidden by agreement. Other things are said to be haram or disliked. It is possible to say that there is no contradiction, and it is possible that the illicitness is applied when he does not know that there is security and dislike when he knows it. In short, it is disliked for the old and young, male or female, to kiss his spouse or slave girl while he is fasting, or to touch or dally. It is the same for looking or remembering when he knows that he is safe from sperm and prostatic fluid. If he knows that he is not safe or is unsure about it, it is unlawful. It is not unlawful for him in the night unless he is doing i’tikaf or fasting for the kaffara of a dhihar-divorce. In such a case the day and night are the same. If he does any of that while fasting and is safe, he owes nothing. If he ejaculates, he must make it up and do kaffara.]

23.15d. Sexual pleasure allowed at night

None of these things, however, is haram for him during the night.

[This is because the Almighty says: “Lawful to you on the night of the fast is going to your wives…” (2:187) Night and day are the same for the one doing i’tikaf and fasting the kaffara for dhihar.]

23.15e. Waking up in janaba

It does not matter if you wake up in the morning in a state of janaba because of having had sexual intercourse.

[Here he repeats this point to clarify that the fast is valid if you are in janaba.]

23.15f. Emission of madhy in Ramadan

If you do get sexual pleasure during the daytime by touching or kissing and this results in the emission of madhy (prostatic fluid) you must make up that day.

[Or through looking or thinking, then he must make up the day for the emission of madhy, whether it lasts or not. For the emission of madhy for any reason, there is only making up, which is obligatory. If there is no madhy, there is no making up, even if there is an erection. It is what Ibn Wahb, and Ashhab related from Malik in al-Mudawwana. It is the preferred position.]

23.15g. Emission of sperm in Ramadan

If you do it deliberately and the result is the ejaculation of many (semen) you have to do the kaffara.

[According to the well-known position. He is silent about looking and remembering. Al-Fakhani say that if he continues to look until he ejaculates, then he must make it up and do kaffara. If he does not continue to do it, then he must only make it up according to the well-known position Al-Qabisi says that if he looks once deliberately, he must make it up and do kaffara. Al-Baji said that it is sound and gave remembering the same judgement as the glance. If he continues to remember until he ejaculates, then he must make up and do kaffara. If he does not continue to do it, then he makes it up without kaffara.]

23.15h. The reward for fasting

Anyone who fasts Ramadan with belief and with awareness of the reward for doing it is forgiven all his previous wrong actions.

[He believes in the reward if he fasts with the awareness that its reward has been stored up for him by Allah in the Next World and he does not fast in order to show off or for reputation. The wrong actions forbidden are the minor ones between him and his Lord. Major wrong actions are only expiated by repentance or Allah’s forgiveness.]

23.16. The Tarawih Prayer

23.16a. The reward for praying at night

If you stand up in prayer during the night, to the extent that you able to do so, you can expect great good from it and pardon for your wrong actions.

[The reward for standing in prayer is not limited to all the night, but is obtained by anyone who stands for part of it according to his state without limit.]

23.16b. Tarawih are performed with an Imam in a group

These night prayers are done with an imam in mosques where the prayer is normally done in jama’a.

[It is permitted to do these prayers in the mosque in groups with an Imam. This is an exception from the dislike of praying the nafila in group which is indicated by the words of Shaykh Khalil, added to the dislike of gathering for nafila or in a known place since the action to gather for them continued from the time of ‘Umar ibn al-Khattab. Part of his sunan is to do this and the time they are done is after ‘Isha’ ]

23.16c. They can be done at home

If you want to you can do these night prayers at home. Indeed this is considered better if your intention is strong enough for you to do them by yourself.

[It is considered better to do them at home on you own if you are not too lazy.]

23.16d. How the Salaf first did them

The righteous people of the first community used to do these prayers in the mosque. They did twenty rak’as followed by three rak’as – two for shaf’i and one for witr with a salam in between.

[These are the Companions, peace be upon all of them. They did them in the time of ‘Umar ibn al-Khattab in the mosque with 20 rak’ats. That is preferred by a group, including, Abu Hanifa, ash-Shafi’i and Ahmad, and the action now does that followed by the shaf’i and witr. Abu Hanifa says that there is no salam between the two, and ash-Shafi’i says that there is a choice.]

23.16e. The later practice of the Salaf

Later they began praying thirty-six rak’as not including the shaf’i and witr. Both of these are acceptable.

[Then the Salaf other than the first Salaf, namely the Tabi’un, increased it. ‘Umar ibn ‘Abdu’l-‘Aziz commanded that to do that since it contained benefit because they were making the recitation long which caused boredom and weariness, and so he commanded them to shorten the recitaiton and increase the rak’ats. That which ‘Umar ibn ‘Abdu’l-‘Aziz did was preferred by Malik in the Mudawwana.]

23.16f. Done in groups of two rak’ats

You say the salam after each two rak’as. ‘A’isha, may Allah be pleased with her, said that the Messenger of Allah, may Allah bless him and grant him peace, never did more than twelve rak’as followed by a single rak’a of witr, either in Ramadan or out of it.

[Then he explains how the Messenger of Allah did them according to ‘A’isha which differs from what is in the Muwatta’ where she says that he did not exceed twelve at any time, Ramadan or not. It also differs from what is related from her that he prayed 15 and 17. Other things are related from his wives and they can be combined if the Prophet first prayed two to greet the msoque and then stood to do tahajjud with two quick ra’kats to start. When he left for the Subh prayer he prayed the two rak’ats of Fajr. So they can be added together.]

1. Suhur is the meal eaten before fajr prior to a day’s fasting.

2. Thirtieth of Sha’ban if the new moon has not been seen the previous night.

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