40.1. BOOK OF FASTING
“Book of Fasting”: Having explained zakat in the last chapter, the author proceeds to discuss the third pillar of Islam which is fasting. To fast in the month of Ramadan is among the fundamentals of Islam.
Fasting in linguistic terms means to refrain or hold back (See Tahdhib al-Lugha by al-Zuhri (12/259).). A person who refrains from speaking is called sa’im in Arabic. It means “he who is fasting”. As Allah said to Maryam: {Indeed, I have vowed to the Most Merciful abstention (sawman), so, I will not speak today to [any] man.} (Maryam: 26)
Similarly, one who refrains from walking is known as sa’im as mentioned in the poem:
A horse is fasting while another bolts,
Billowing dust. The other just chews its reins.
“A horse is fasting” means that it refrains from running.
The technical definition of fasting is: to refrain from eating or drinking and other things that can nullify the fast, with the intention, from the second dawn until dusk (sunset). (See al-Mutla’ (p. 145) and al-Daraqutni (1/355))
There are two types of fasts:
Obligatory fasts: Such as fasting in the month of Ramadan, fasting for emancipation and fasting due to a vow.
Supererogatory fasts: Such as fasting on Monday and Thursday of each week, three days every month, six days in the month of Shawwal and other Sunnah fasts.
Fasting in Islam requires one to forego his desires to eat and drink, have sexual intercourse with his wife and other such desires. In this there is a form of test for the slave. Man is often overpowered by his desires and evil insinuations of the soul. When he fasts, he refrains from the things that are dearest to him and which he may be in need of. Examples would be eating and drinking and other such deeds. He foregoes these desires out of obedience to Allah. Allah says in the hadith al-qudsi, “Fasting is for Me and I shall reward it. He leaves his desire, food and drink for My sake. The one who fasts experiences joy twice: joy when breaking the fast and joy when he meets his Creator. The odor of the fasting person’s mouth is more fragrant to Allah than musk.” (Reported by al-Bukhari (3/31, 34), (9/175) and Muslim (3/157, 158) from the narration of Abu Hurairah.)
The fasting person is thus distinguished. Similarly fasting itself is an act of worship far distinguished from other deeds. One of the distinguishing factors of fasting is its nature of secrecy and [the attributes of the believer that derive from this secrecy], foremost from them being the fear of Allah and the obedience to Him in subjugating one’s temptations and desires.
Fasting in the month of Ramadan becomes obligatory at the sighting of the crescent moon.
“Fasting in the month of Ramadan becomes obligatory”: This is the only obligatory fast legislated in Islam. There are no obligatory fasts except the fasts in the month of Ramadan as explained in the ayah: {O you who believed, prescribed upon you is fasting as it was decreed upon those before you that you may become righteous.} (Al-Baqarah: 183)
The word “kutiba” in the above ayah means that it has been made obligatory. Allah also says: {The month of Ramadan [is that] in which was revealed the Qur’an, a guidance for the people and clear proofs of guidance and criterion. So, whoever sights [the new moon of] the month, let him fast; and whoever is ill or on a journey – then an equal number of other days. Allah intends for you ease and does not intend for you hardship and [wants] for you to complete the period and to glorify Allah for that [to] which He has guided you; and perhaps you will be grateful.} (Al-Baqarah: 185)
Fasting the month of Ramadan is an obligation upon all Muslims who have reached the age of puberty and are of sound mind. It is the commandment of Allah. One without a valid excuse must fast in this month. If he has a valid reason not to fast such as illness or traveling on a journey or other such excuses, then he should make up for the missed fasts on days outside of Ramadan.
“At the sighting of the crescent moon”: Fasting in Ramadan becomes obligatory when two conditions are present:
Firstly: At the sighting of the crescent moon. Allah says: {They ask you (O Muhammad) about the new moons. Say, “They are measurements of time for the people and for Hajj.”} (Al-Baqarah: 189) Allah has made the new moon appear at fixed times as a measurement for acts of worship. When to begin fasting during Ramadan is known from the new moon. If a trustworthy Muslim sights the new moon, it is obligatory on all Muslims to fast the next day. The Prophet(pbuh) said, “Fast when it is sighted and end the fast when it is sighted.” (Reported by al-Bukhari (3/34-35) and Muslim (3/124) from the narration of Abu Hurairah.) Hence, it is obligatory to fast upon sighting the crescent moon.
Secondly: Fasting during Ramadan becomes obligatory after the completion of thirty days of Shaban. The Prophet(pbuh) said, “If the sky is overcast, then estimate the period.” (Reported by al-Bukhari (3/33,34) and Muslim (3/122) from the narration of Ibn ‘Umar.) That is, the sky is overcast or is affected with haze such that sighting the new moon is impossible. In this scenario, the Muslims should wait until thirty days of the month of Shaban have passed and then begin fasting. In another hadith it is mentioned, “If the sky is overcast, then take Shaban for thirty days.” (Reported by al-Bukhari (3/34-35) and Muslim (3/124) from the narration of Abu Hurairah.)
It is not permissible to calculate the beginning of fasting by depending upon astronomical calculations. This is not prescribed by Allah and was not legislated by the Prophet(pbuh). He linked the start of fasting with the sighting of the new moon saying, “Fast when it is sighted and end the fast when it is sighted.”
Hence, fasting commences when two conditions are present: When the new moon is sighted and when thirty days of Shaban have passed, in accordance to the narrations mentioned above.
Astronomical calculations are not permissible with regards to fasting as it is a human invention which may err sometimes and be accurate at other times. None can be correct at all times. The Prophet(pbuh) did not command us to depend on it to determine the beginning of fasting in the month of Ramadan. Instead, he ordered us to sight the crescent moon. The method of sighting is by direct eyesight or by using telescopes and other such equipment. Using these tools does not transform the nature of the method to something other than sighting. They are simply means to aid the sighting. Using telescopes to sight the new moon is not a controversial issue. However, it is not mandatory to use it.
If the new moon is not sighted on the thirtieth night, though the sky is clear, then they should not fast the next day. If clouds or haze block the sighting, then the madhab is explicit that fasting is wajib. If the new moon is seen during the day, then it is counted as the sighting for the night that follows.
“If the new moon is not sighted on the thirtieth night, though the sky is clear, then they should not fast the next day”: It was discussed that fasting is made wajib by the sighting of the new moon. There is no dispute among the scholars regarding this issue. If the new moon is not sighted on the thirtieth night of Shaban when the sky is clear and there is nothing that impedes the sighting of the new moon, then there is no dispute again that the Muslims should not fast the following day (being the thirtieth day of Shaban). The fact that the new moon was not sighted the night before is evidence for not fasting.
“If clouds or haze block the sighting”: If the new moon is not sighted on the thirtieth of Shaban due to cloudy skies or haze, then there is a difference in opinion among the scholars regarding the course of action for the following day. The day is known as Yawm al-Shak or the “doubted day” for it could be the last day of Shaban or the first day of Ramadan. It is assumed that the moon had appeared the night before but was blocked by unfavorable weather conditions.
Most scholars opine that people should not fast the next day382 based on the hadith of the Prophet(pbuh): “Fast when it is sighted and end the fast when it is sighted. If the sky is overcast, then estimate the period.” And in another narration, “If the sky is overcast, then take Shaban for thirty days.” The word “estimate” in the earlier hadith is understood as a directive to not fast on the thirtieth day of Shaban as the new moon was not sighted the previous night. Hence, fasting on the doubted day is forbidden with an intention to do so as an obligatory fast of Ramadan. The Prophet(pbuh) said, “Do not hasten Ramadan by fasting a day or two before it.” (Reported by al-Bukhari (3/35-36) and Muslim (3/125) from the narration of Abu Hurairah.) Ammar said, “He who fasts on the doubted day has indeed disobeyed Abu Qasim (i.e., Muhammad) (pbuh).” (Reported by Abu Dawud (2334), al-Tirmidhi (686), al-Nasa’i (4/153) and Ibn Majah (1645))
“The madhab is explicit that fasting is wajib” A group of the people of knowledge are of the view that it is wajib to fast on the day of doubt which falls on the thirtieth of Shaban. Their reasoning behind this is because as the sky was unclear, there was an impediment to its sighting. Therefore, Muslims should fast. This is the explicit view of the madhab of Imam Ahmad, which is concurred upon by a group from the people of knowledge. (See al-Ikhtiyarat al-Fiqhiyyah (p. 159).) However, the preferred view is that it is forbidden to fast on the day of doubt.
The sighting of the moon is only done in the absence of the sun i.e., during the night.
“If the new moon is seen during the day”: That is, after the sun has passed its zenith, then it is counted as the sighting of the moon for the following day. However, if it is sighted during the daytime but before the sun reaches its zenith, then the new moon is considered as that of the night before.
If the residents of a country sight it, then it is binding upon the rest of the people to fast. They fast if it is sighted by a just person; even if it is a female. If they began fasting based on one person’s sighting and did not see the new crescent moon after thirty days, or they had begun fasting when the sky was overcast, then they should not break their fast. A person should fast if he sighted the new moon of Ramadan by himself and his sighting was rejected or if he sights the new moon of Shawwal.
“If the residents of a country sight it, then it is binding upon the rest of the people to fast. They fast if it is sighted by a just person”: It is not a prerequisite that all the people must sight the new moon in order for fasting to become obligatory the next day. It is sufficient for one Muslim who is just to sight it. His or her sighting makes it binding upon the rest of the Muslims to fast the next day. Ibn ‘Umar informed the Prophet(pbuh) that he had sighted the moon. The Prophet(pbuh) ordered all Muslims to fast relying on this information that arrived from a lone individual. (Reported by Abu Dawud (2342), Ibn Hibban (3447), al-Daraqutni (2/156), al-Hakim (1/423) and al-Bayhaqi (4/212).)
“Even if it is a female”: A Muslim female’s sighting is also accepted as the Prophet(pbuh) said, “Fast when it is sighted and end the fast when it is sighted.” (Reported by al-Bukhari (3/34-35) and Muslim (3/124) from the narration of Abu Hurairah.) The Prophet(pbuh) did not mention a minimum number of people for the moon sighting to be accepted. He had ordered the Muslims to fast, relying upon the sighting of just one person, Ibn ‘Umar, as in the above hadith.
“If they began fasting based on one person’s sighting and do not see the new crescent moon after thirty days”: In this situation the people should err on the side of caution and continue the fast for it is an act of worship. This is because one person’s sighting cannot be definite when it comes to beginning or ending the fasting month. Perhaps its sighting was misconstrued by the person. This is in contrast to if two or more people sight the new moon. A joint sighting is guaranteed and can be relied upon.
“Or they had begun fasting when the sky was overcast, then they should not break their fast”: That is, they began fasting on the day of doubt based on the previously mentioned position in the Hanbali madhab. If they do not see the new moon even after fasting for thirty days, then they should not end their fast. They must assume that they had fasted a day prior to the beginning of Ramadan.
“A person should fast if he sighted the new moon of Ramadan by himself and his sighting was rejected”: I.e., rejected by the Muslim authority or judge who consider this person’s character or testimony not reliable enough to base such a decision upon. Hence, they do not depend on his sighting of the new moon. Nevertheless, he should fast even if the people are ordered not to fast. He should do so as he had sighted the moon.However, the correct opinion is that it is not binding upon him to fast as he is a member of the Muslim community. (The preferred view of Shaykh al-Islam ibn Taymiyyah. See al-Insaf (3/277).) He need not fast by himself as his sighting was not accepted by them. The Prophet(pbuh) has said, “Your fast is along with their fast.” (Reported by ‘Abdul Razzaq (7304), al-Daraqutni (2/164) and al-Bayhaqi (4/252) from the narration of Abu Hurairah.) And, “Fasting is on the day when all the people fast and al-Fitr is the day when all people end their fast.” (Reported by al-Tirmidhi (697) from the narration of Abu Hurairah.)
By Shaykh Salih ibn Fawzan al-Fawzan
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