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.

Tayammum and Its Description from the Risālah of Ibn Abī Zayd al-Qarawaanī

Tayammum and Its Description

6.1 When it is done

[If you cannot find water, then you must do tayyamum, which is recommended. Linguistically tayammum means aiming for something. The Almighty says, “Do not have recourse to bad things,” (2:267) i.e. aim for them. In the Shari’a it is a legal act of worship by which the prayer becomes allowed. This means that the Shari’a has judged it. This exists in wudu’ and ghusl. By it the prayer is permitted when wudu’ and ghusl are excluded because tayammum is only to make lawful. Wudu’ and ghusl are done in order to remove impurity. It is obligatory by the Book, Sunna and consensus. The Almighty says, “If you cannot find any water, then do tayammum with pure earth,” (4:43) and in Muslim the Prophet said, “We were preferred over people by three things: our rows were made like the rows of the angels, the entire earth was made a mosque for us and its earth is purification if we do not find water.” The consensus is that tayammum is obligatory when water is lacking or the ability to use it lacking it. There are preconditions for the obligation: Islam, adulthood, sanity, absence of the blood of menstruation or lochia, the arrival of the time, lack of water or lack of ability to use it, and that there is no barrier over the limbs and nothing which precludes it.]

6.1a. On a journey

If you are on a journey and you cannot find water, you have to do tayammum, provided that you do not expect to find any water before the time for the prayer has finished.

[The situation is that either that there is no water to be found at all or a judgement that he will not find enough water for wudu’ or ghusl in a journey (or while resident), whether short or not, whether the traveller is healthy or not, and whether the journey is permissible or not, because the allowance for doing it on a journey or while resident does not have the precondition that the journey be for something permissible. If the allowance is only in the journey, like breaking the fast in Ramadan, then the journey must be permissible and it must be a distance of at least four postal stages, like that for shortening the prayer.

Thus the mere absence of water is only a reason for the obligation of tayammum when he despairs of finding water or he thinks it probable that there is no water. It is not the case if he is unsure or hopes for water or is certain of finding water within the time.

What is meant by the obligation is the widest period of obligation. The one who has despaired is someone who has searched for it in a manner which is not arduous for someone like him. He is only obliged to seek if he hopes to find it or suspects its presence. If he is certain that he does not exist, then he does not look for it in the time. By ‘time’, the preferred time is meant.]

6.1b. Lack of ability

You also have to do tayammum even when there is water, whether on a journey or staying in one place, if you are unable to touch water on account of illness or are disabled by illness to such an extent that although you could use it, you are unable to get to it and cannot find anyone else to bring it to you.

[ This is when there is water and you are unable to use it, on a journey or at home, because of illness which prevents using it since you fear that using it will cause death, loss of use of a faculty or limb, increased illness, delayed recovery, or will actually cause a illness. If he does not fear any of that, but is only pained by it, he must continue to do wudu’ or ghusl. So tayammum is obliged for someone who is healthy when water exists because he cannot use it because illness would occur, or for a sick person who is able to use it, but does not find anyone to bring it to him, even for a payment equal to the price which the seller would oblige or it or he does not find a vessel or he only finds a forbidden vessel or cannot pay for using it.]

6.1c. Danger

The same applies to someone travelling who is near water but prevented from reaching it because of the fear of thieves or wild animals.

[ This is also true about the traveller who is near water but cannot reach it out of fear of thieves as he must preserve his property and the property of others. The property must be more than what he would have to pay to buy water. It must be ascertained that they exist or he thinks that it is probable that they exist. Uncertainty is not taken into consideration. The same applies if he fears for himself from wild animals when he is certain about that or thinks that it is probable.]

6.1d. Certainty about reaching water

If a traveller feels certain that he will get to water within the time of the prayer, he avoids doing tayammum until the end of the time.

[Whether he is in a journey where he shortens the prayer or not and he is certain that he will find enough water for wudu’ or ghusl, it is recommended that that he delay tayammum. The upshot of the fiqh in the matter is that one of the preconditions of the obligation of tayammum is the arrival of the time. The judgement in it varies according to the state of the person doing tayammum because either he is certain that water will exist in the time or he will reach it or he despairs of finding it or reaching it, or he is unsure about finding it or reaching it in time or hopes to find it or reach it in time. The author clarifies these circumstances and indicates it when he says, “If a traveller feels certain.” In fact, it is not particular to the traveller, but applies to all who are permitted to do tayammum due to the absence of water. When he is certain that water exists or that he will reach it within the time or thinks that it is probable that it exists or that he will reach it in time, then it is recommended to delay tayammum to the end of the time.]

6.1e. Certainty about not reaching water

If he feels certain he will not get to water he should do tayammum at the beginning of the time.

[This is about the absence of water or the failure to reach it in time after seeking for it. If there is what obliges seeking, then it is recommended that he do tayammum at the beginning of the time to obtain the excellence of the time because the excellence of water is despaired of. That is how it is judged by the one who thinks it probable that it will not exist within the time or will not be found in it.]

6.1f. Uncertainty about reaching water

If he does not know whether he will get to water or not, he should do tayammum in the middle of the time. This also applies to someone who is afraid that he will not be able to get to water but nevertheless hopes that he will.

[ If he is unsure about finding it, it is recommended to do it in the middle of the time. It is affirmed by Shaykh Ahmad Zarruq that what is meant is uncertainty about reaching it. He said that there is no difference between it and what before it according to the Maliki School. Although it is sound from the aspect of the judgement, the author’s words imply a difference when based on what is meant by the one who hopes. He said that the words of the author contain something different from the position of the School. That is because his literal words say that the one who hopes does not delay, but does tayammum in the middle of the time. It is not as he said. His judgement is that of the one who is certain and the one who is certain delays to the end of the time. Ibn Harun said, “I do not know of anyone who transmitted that the one who hopes does tayammum in the middle of the time except Ibn Abi Zayd. Ibn Naji said that it is possible that it refutes his words. According to the words of Ibn Naji by “fears” the author means ‘suspects”.]

6.2 Finding Water after doing Tayammum

If, under any of these circumstances, you do tayammum and do the prayer and then come across water within the time of the prayer the following judgements apply.

[ These seven who can do taymmum are: the sick person who cannot touch water, the sick person who cannot find anyone to bring him water, the traveller who is near water but is prevented from reaching it by fear of thieves or animals, the traveller who is certain that water will exist within the time, the one who despairs of finding it within the time, the one who has no knowledge, and the fearful one who hopes to find it. This is what happens if such a person (except for the sick person who cannot use water then find water or the sick person who can, but does not find anyone to bring him the water) finds water. Finding water means having the ability to use it, its existence, or the existence of a vessel to bring it.]

6.2.a A sick person

A sick person who could not find anybody to bring water to him should do the prayer again.

[It is recommended that he does the prayer again within the time. The rule for the sick person who does not find anyone to bring him water or any vessel with which to bring the water is to delay tayammum to the middle of the time. If he does the necessary tayammum in the middle of the time and prays and then before the end of the time of the prayer then that which stops him from using the water is removed, as when he finds what will enable him to obtain it, then it is recommended for him to repeat the prayer within the time if he is restricted in that people do not come in to him often. If people come in to him often, then he has no restriction, then he does not have to repeat it.]

6.2b. A Fearful person

This also applies to someone who was afraid of wild animals or other dangers of that sort, and to a traveller who was afraid he would not get to water but hoped that he would. If you have done tayammum for any other reason, you should not repeat the prayer.

[ The one who fears for himself from wild animals or for his property from thieves is like the sick person who does not find anyone to bring him water in the time. It is recommended that he repeat the prayer when he gets water within the time. The result is that when the person who is afraid of animals does tayammum in the middle if the time, it is recommended that he repeat it in the time with four provisos. That is that he is certain that water exists or that he will find it were it not for his fear. His fear must be definite or likely and he ascertains the absence of what he fears and the existence of water itself. If he is not certain that it exists or that he will reach it, or what he fears is clear, or none of it is certain and someone else finds it, he does not repeat if. If his fear is a simple doubt, then he always repeats it. ]

6.2c. A traveller

and to a traveller who was afraid he would not get to water but hoped that he would.

[When he finds water within the time, it is recommended that he repeat the prayer he has prayed in the time allotted for it, which is the middle. Part of the subject is that it is better if it is advanced. What is meant by ‘fear’ in the words of the author is uncertainty about reaching it. It is recommended for the one who prayed in the time allotted to it to repeat it within the time. That is even more the case if he has advanced it. As for the one who is unsure about whether it exists, if he does it before the middle of the time allotted for it, then he repeats it. If he prayed in the middle of the time allotted for it, he does not have to repeat it. The difference between them is that the one who is unsure about reaching it, has a sort of falling short and so he is asked to repeat it. As for the one who is unsure about whether it exists, he relies on the basis, which is its non-existence.]

6.2d. Other reasons

If you have done tayammum for any other reason than these three, you should not repeat the prayer.

[It appears from his words that the one who despairs does not repeat the prayer when he finds water absolutely. It is not like that, and it must be explained. If he finds the water which he despaired of, he repeats it. If he finds other water, he does not repeat it. It also seems from his words that someone who finds water in his bag or saddle or forgets it is there and then remembers it, does not have to repeat it. The one who acts deliberately in the three cases has to repeat it, which differs from the literal words of the author.]

6.3 Frequency

6.3a. Number of fard prayers with one tayammum

You should not pray two fard prayers with one tayammum except if you are ill and cannot touch water because of some harm to your body which will last at least until the time of the next prayer.

[ None of those seven categories should pray two obligatory or sunna prayers at home or on a journey. whether they share in the time or not, with the same tayyamum except for the person with a constant illness which will continue to the time of the second prayer. It may happen that he does not do the first prayer in its time, either intentionally or by forgetfulness or ignorance. In that case he can pray them both together with one tayammum. This is a general judgement for prayers at home and on a journey.]

6.3b. For each prayer

Although there are some who say that even in this situation you should do tayammum again for each prayer.

[For each obligatory prayer, whether he is healthy or ill, travelling or at home.]

6.3c. A number of missed prayers

It has been related from Malik that someone who remembers not having done a number of prayers can do them with one tayammum.

[ This is a number of fard prayers which he missed by forgetfulness or by sleeping through them or deliberately not praying them and then repenting and wanting to make them up: he can pray them with one tayammum, whether healthy or ill, travelling or at home.

The first statement is by Ibn Sha’ban and the second is by Ibn al-Qasim and is the famous one. This is why it was rejected by the shaykh when he was ill at midday when someone else suggested it to him. According to the well-known position, if he disagrees and prays two prayers with one tayammum, whether they are shared or not, he does not ever have to make up the second.

According to his words at the beginning of the chapter about the time, one does tayammum for the obligatory prayer absolutely, even for Jumu’a. That is not the case, since the healthy person who is resident does not do tayammum for Jumu’a since it is a substitute for Dhuhr. He prays Dhuhr with tayammum, even at the beginning of the time. If he prays Jumu’a with tayammum, that is not acceptable. The sick person and the traveller can do tayammum for it. It That is also the case with the funeral prayer. The healthy resident does not do tayammum for it unless it becomes a specific obligation for him since no one else is found who can pray it nor is it possible to delay it until he can obtain water.]

6.3d. Voluntary prayers

[As for the sunnas and the voluntary prayers, the traveller but not the heathy resident person does tayammum for them, i.e the one who is obliged to do tayammum because of lack of water. The judgement of the healthy resident for whom tayammum is obliged out of fear of illness is like that of the sick person and he does tayammum for Jumu’a and the funeral, even if it is not a specific obligation, and for the sunna and voluntary prayers. If he intends an obligatory prayer by his tayammum, he is permitted to pray the voluntary prayer with it afterwards with the precondition that it is connected to the obligation, even if he did not intend the voluntary prayer after the obligatory. It is limited to prayers which are after the obligatory, although if he prays a voluntary prayer before it, it is valid by his statement, ‘provided that it is connected to the obligatory.’

If there is a long separation or he leaves the mosque, he must repeat his taymmum if he wants to pray the voluntary prayers. A short separation is overlooked. That is defined as about the length it takes to recite Ayat al-Kursi. It is also a precondition that he does not do more than the voluntary. What is “more” is defined by custom.

6.3e. What can be used for tayammum

Tayammum is done using pure surface earth, that is any substance on the earth’s surface such as soil, sand, stones, or salt deposits.

[“Pure” is how the people of firm knowledge and those who know fiqh explain “tayyib” where Allah says,”do tayammum with clean earth,” Tayyib means pure earth in Arabic and that is what Malik said. Malik said that sa’id means what is on the surface of the earth in accordance with Arab usage. Others believe that the sa’id in the ayat designates pure earth found on the surface of the earth or brought out from inside of it. This includes salt desposits, and secretions. Tayammum is not done deliberately on wood, plants and grass and groups. The literal meaning of his words is that tayammum can be done on stones, even hard ones, if there is no soil as long as it has not been baked. It is not permitted to do tayammum on lime nor baked bricks, which are red bricks. Tayammum can be done on soil, whether it has been moved or not, although it is better when it is not moved by agreement. The first is based on the well-known position.

One does not do tayammum on other things than earth. Things like salt, alum, sulphur, copper and iron are not used for tayammum except in their original place or moved from one place to another. But it is cannot be in a form which is firm in people’s hands, like medicines. As for what can be held in people’s hands like medicines, it is not valid to use them for tayammum.]

6.4 How to do it

6.4a. Beginning tayammum

To do tayammum you hit both hands on the ground – if anything clings to them it should be lightly shaken off –

[This clariifies how tayammum is done. He strikes both hands on the ground. If he is missing a hand, he does tayammun with the other. If he is unable to do it, someone does it for him. If he cannot delgate someone, he rubs his face in the dust. What is meant by ‘striking’ is not actual striking. What is meant is to place his hands on the surface used for tayammum, soil or whatever. This ‘striking’ is an obligation. It is not a precondition that anything clings to his hands. If something clings to them, he shakes them lightly so that some people consider this shaking as one of the meritorious parts of tayammum so that it does not harm his face.]

6.4b. The Intention

[Before beginning, the one doing tayammum must intend earth and nothing else with which tayammum is not valid. He must intend to make the prayer lawful or intend the obligation of tayammum in the first striking. If he is in minor impurity, he intends to make the prayer permissible from the lesser impurity. If he is in greater impurity, he intends to make the prayer lawful from the greater impurity. If he does not call the major impurity to mind and thus omits the intention regarding the greater impurity intentionally or by forgetfulness, and prays with that tayammum, then he must always repeat the prayer. If he intends the greater impurity, believing that he has it and then the opposite is clear, then it allows the lesser. When he intends the obligations of tayammum, it is enough for him, even if the intention of the greater does not occur to him, If he intends to remove the impurity, it is enough enough for him in the well-known position. Tayammum does not remove lesser impurity. It only makes the prayer permissible.]

6.4c. Wiping the face

then using both of them you wipe over your whole face.

[After shaking his hands, then he wipes his face and does not omit any of it. He does not miss the cartilage of the upper ear and other things. If he leaves any of the wiping of all of the face, even a little, then it is not allowed. He begins from the top, as in wudu’ and runs his hands over the length of it to his beard. He passes over the lines of the face, because the basis of wiping is doing it lightly.]

6.4d. Striking the ground a second time

Then you hit both hands on the ground again

[The second blow is for wiping the hands by way of sunna. It is not said how the obligation is done in a sunna manner because we say after the obligation that the second comes after the first so if he fails to strike the earth the second time and then wipes his face and hands with the first, it is adequate.]

6.4e. Wiping the hands

and then wipe your right hand and arm with your left hand. To do this you put the fingers of your left hand on the tips of the fingers of your right. Then you slide your fingers down the back of your right hand and arm, as far as the elbow, folding your fingers round it as you do so. thoroughly.

[ The recommended manner of wiping is to first wipe the right with the left, putting the fingers on the right on the left except for the thumbs. The palm is passed over the top of the hand and arm to the elbow. It appears from the words of the author that the elbow is not wiped because it is the end. It is said that he meant including the elbows as is done with wudu’ since tayammum replaces it.

Wiping to the elbows is sunna, and to the wrists is obligatory according to what is in al-Mukhtasar. Al-Bisami adds to it by saying that the well-known position of the school is that wiping is to the elbows is obligatory. The dispute is when it is confined to the wrists and he prays. The well-known position is that he repeats the prayer if still within the time. An opposite position is that he must always repeat it. This consequence is rejected. Al-Muqaddamat (Ibn Rushd) prefers that which is followed in al-Mukhtasar,and Qadi ‘Iyad summarised it in his Qawa’id, and it is preferred.

The well-position of the school is that the fingers go between each other, and that is by the flat sides of the fingers, not the sides because they have not touched earth. The well-known position is also that a ring is removed and moving it from its place can be done instead of actually removing it. The difference between tayammum and wudu’ is said to lie in the fact that the ring is removed in tayammum but not in wudu’ because of the force of the water flowing in wudu’ which is not the case with earth.

6.4f. Wiping the inside of the right hand

Then you put your palm on the inside of your arm and, gripping your arm, slide your hand from your elbow just back as far as your wrist

[After wiping the outside of the right hand, using the palm, because the fingers because the fingers were already use on the outside of the hand except for the thumb. ]

6.4g. The thumb

and then run the inside of the left thumb over the outside of your right thumb.

[This is because it was not wiped before. What he mentioned about wiping the thumbs was also mentioned by Ibn at-Talla’ who is Muhammad ibn Farah, the shaykh of the fuqaha’ in his time. The literal of the transmission, which is relied upon, it wiping the outside of the right thumb with the outside of the fingers. Al-Fakhani said, “I do not know of anyone of the people of language who transmit that the thumb is the largest “finger”].

6.4h. The Left hand

You then wipe over the left hand and arm in the same way and after reaching the wrist you wipe your right palm with the left down to the tips of the fingers.

[After finishing the right, then do the left to the wrist. The tips of the fingers designates the inside of the palm and fingers. Observe how he is silent about the left palm unless he says that each of them wipes and is wiped. This is the description which the shaykh mentioned and it was also mentioned by Shaykh Khalid. He begins with the outside of the right hand with the left and moves to the left before completing the right. This was transmitted by Ibn Habib from Malik. Ibn al-Qasim said, “He only moves to the left after finishing the right.” Al-Lakhmi and ‘Abdu’l-Haqq preferred that. The position of Ibn al-Qasim is preferred. The basis of the preference is that moving to the second before completing the first misses out the excellence of proper order between right and left. Some of the shaykhs recommend the transmission of Ibn Habib so that he does not wipe the dust on the palm, but the one with the reliable position says that the remaining of the dust is not sought aso that its judgement should be observed.]

6.4i. Other methods of wiping

If you wipe the right with the left or the left with the right in some other way that you find easy, that is acceptable as long as it is done fully.

[ If you differ from the recommended manner, your tayammum is still allowed. It only differs from the best manner. One can deduce from his words, “done fully” that if he does not wipe his forearms, it is not allowed because the arms are mentioned in wiping. The well-known position is that if he confines hismelf to the wrists and then prays, then he repeats it within the time.]

6.5 Judgements about someone in a major state of impurity

6.5a. Tayammum for janaba or end of menstruation

If someone is in a state of janaba, or has been menstruating, and cannot find any water to do ghusl with, they should do tayammum and do the prayer and then when they find water they should do ghusl.

[ Even if someone like this finds enough water for wudu’, they still do tayammum following the previous information regarding the possibility of finding water which is not repeated here. Tayammum is obliged when there is no water. He mentions it here to refute those who say that someone in a state of janaba and or a woman who has been menstruating do not do tayammum.]

6.5b. Not repeating prayers done with tayammum

They do not have to repeat any prayers they have done.

[Because their prayer occurs in manner which is commanded. The literal import of his words is that that is the case in the time or after it. It is explained that it is repeated within the time in the instances which were already mentioned. Its literal meaning is that is the case or not whether there is impurity on their bodies. It is the text of the Mudawwana and it restricted by there not being any impurity on the body. If there is impurity in his body and he prays with it by forgetfulness and they remember after they have finished, then they repeat it within the time. The statement of the author about not repeating it is informing about when water is found after they have prayed with tayammum. If there is water before the prayer, and there is enough time for ghusl and the prayer, even a rak’at, within the time, then tayyamum is invalid. If they find it after the time has begun and before it finished, even if the time is ample, or the time has begun, but there is not enough time for a ghusl and still catching a rak’at, they pray with tayammum.]

6.6 Further judgements about tayammum

6.6a. Taymmum does not make intercourse permissible

A man cannot have sexual intercourse with his wife if she has just finished menstruating or the bleeding after childbirth if she has only purified herself by tayammum until there is enough water for her to do ghusl first and both of them to do ghusl afterwards.

[ This is whether she is a Muslim or a kitabi or a slave girl. According to the well-known position, it is forbidden for him to have intercourse with her. This does not only imply to actual intercourse, but enjoying her between the navel and knee, even through a barrier, is unlawful. Finding water can either be his responsibility or the responsibility of both.]

6.6b. Water for ghusl after intercourse

[There must be enough water for ghusl on account of bleeding and then for ghusl on account of janaba. This explains the words at the end of the book about not approaching a woman bleeding from menstruation or lochia because the literal meaning is would be that when the bleeding stops, he is permitted to have intercourse, and so here he explains that even if menstruation has stopped, intercourse is not permitted, even with tayammum. Intercourse is forbidden in the well-known position beause tayammum does not remove impurity. It only makes the prayer permitted. The words of author show that tayammum is called ‘purification,’ and that is indeed the case since the Prophet said, “Its earth is pure.” It is also called wudu’ by since the Prophet said, “Tayammum is the wudu’ of the Muslim.]

6.6c. Avoiding janaba if there is no water

[It is also deduced from this that he if he does not find water, he should not voluntarily bring about a state of janaba in himself. That is the position of Malik in al-Mudawwana, i.e. that it is disliked. if he does tayammum for the lesser impurity, he should not bring about janaba in himself so that he has to do tayammum for the greater impurity. This does not negate what was already stated about the unlawfulness in the statement of the author about having intercourse, because the unlawfulness comes from his going to have intercourse with her when she has purified herself from menstruation by tayammum. This is is when he does not fear any harm to his body or fear fornication. If he is physically harmed by the length of time or fears fornication, then he has intercourse and does tayammum.

From the Translation by Alhaj Bello Mohammad Daura, MA

(Which Includes the commentary from ath-Thamr ad-Dani by al-Azhari)

Click the above red link to see the entire text.

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Published in: on August 6, 2010 at 13:07  Leave a Comment  
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