40.2. BOOK OF FASTING
Fasting is ordained upon every Muslim who is responsible and able.
“Fasting is ordained”: The following are the conditions that make fasting obligatory:
First condition: “Upon every Muslim”: The first pre-requisite is Islam. Fasting like all other acts of worship is accepted only with the condition of being a Muslim. Even if a disbeliever fasted from dawn and then embraced Islam later in the day, his fast is invalid for that day as part of it was performed without this pre-requisite. Acts of worship performed by non-Muslims are not valid as Allah says: {And We will regard what they have done of deeds and make them as dust dispersed.} (Al-Furqan: 23)
Second condition: “Responsible”: The second prerequisite is that the person should have attained puberty and be of sound mind. It is not obligatory for a prepubescent child to fast as he is excused as we see from the words of the Prophet(pbuh), “The pen has been lifted from three…” (Reported by Ahmad (1/140, 158), Abu Dawud (4399-4402), al-Tirmidhi (1423) and Ibn Majah (2042) from the narration of ‘Ali.) And of the three mentioned is, “A child until he reaches maturity.” The pen mentioned in the hadith is metaphorical and refers to obligation.
Similarly, it is not obligatory for one who has attained puberty but is not of sound mind to fast, such as the insane or the severely intellectually challenged person as long as he is in this condition. In fact, all other acts of worship are not obligatory for him as the Prophet(pbuh) has said, “The insane until he becomes sane.” (Ibid.)
Third condition: “Able”: The third pre-requisite is that the mature Muslim must also be able to fast. Those unable to fast, like the sick, are exempted from the obligation. They are actually exempt from fasting in the month of Ramadan if they are terminally ill. However, if there is hope of recovery, then they should make up for the missed fasts on other days. Those terminally ill and the elderly need only feed a poor person for every fast that was missed. They need not make up the fast. Allah says: {And upon those who are able [to fast, but with hardship] – a ransom [as substitute] of feeding a poor person [each day].} (Al-Baqarah: 184)
If the obligation to fast is made apparent in the middle of the day, all who are obliged to fast should begin to do so and then make up this fast on another day. It also applies to women who are just now free from menses or post-natal bleeding and the traveler who returns to his city when he is not fasting.
“If the obligation to fast is made apparent in the middle of the day, all who are obliged to fast should begin to do so and then make up this fast on another day”: If news of the moon’s sighting is delayed until after sunrise and the people only find out during the middle of the day, then they should fast the rest of the day. This fast should be made up on another day as an obligatory fast that was missed. Even though their fast is not complete, they are instructed to fast the remaining part of the day in deference to the day time of Ramadan.
“It also applies to women who are just now free from menses or post-natal bleeding and the traveler who returns to his city when he is not fasting”: These people who had valid reasons to miss their fasts should begin their fast during the remaining part of the day when their excuse expires. A menstruating woman should start fasting as soon as she is free of her menses, even if it is in the middle of the day. Similarly, a person who was ill should start fasting once he has recovered even if he had not been fasting from dawn. A traveler who returns back to his city is not considered as a person upon a journey any longer. Hence his excuse to not fast has expired. In this instance, he should fast the remaining part of the day in deference to the prohibitions that are in place during the daytime of Ramadan. These people should make up for the missed fast on another day for their fasting was incomplete.
He who does not fast due to old age or an illness from which recovery is not foreseen should feed a poor person for each day that he missed his fast.
We have seen thus far that fasting becomes an obligation on the first day of Ramadan upon all mature Muslims who are able to do so. There are two categories of people who are unable to fast:
First: Those unable to fast presently but may regain capability in the future. They may miss their fasts but must make up for it on other days. Allah says:
{So, whoever among you is ill or on a journey [during them] – then an equal number of days [are to be made up].} (Al-Baqarah: 184) It is permissible for the traveler and those afflicted with an illness to miss their fasts in Ramadan. However, they should make up for it on other days.
Second: “He who does not fast due to old age or an illness from which recovery is not foreseen should feed a poor person for each day that he missed his fast”: That is, those unable to fast presently or in the future as there is no hope of physical recovery like the aged and the terminally ill. They need only pay the fidyah in replacement of the missed fasts and not repeat them as the first category do. Fidyah is paid by feeding a poor person half a sa’ of food for each day that a fast was missed. This is equivalent to one and a half kilograms. Allah says: {And upon those who are able [to fast but with hardship] – a ransom [as substitute] of feeding a poor person [each day].} (Al-Baqarah: 184) That is, they are unable to fast due to their old age or illness without hope of a cure. Hence, they feed a poor person for each fast that they missed.
He may choose to feed the poor person for the days that he missed his fast or combine the days and feed the poor at one time. He may decide to break it up into a few days as per his convenience. He may also choose to feed one poor person or a group of them. Praise be to Allah, the injunction to perform the fidyah is quite flexible.
It is Sunnah to refrain from fasting for an ill person if he is harmed by it and for a traveler who is permitted to shorten his prayer. A person who made the intention to fast while he was in his city and then travelled later in the day, he may break his fast.
“It is Sunnah to refrain from fasting for an ill person if he is harmed by it”: As commanded by Allah: {And has not placed upon you in the religion any difficulty.} (Al-Hajj: 78)
“And for a traveler who is permitted to shorten his prayer”: Similarly, a traveler who has travelled a distance which allows him to shorten the prayers that consist of four rakat, it is mustahabb for him to break his fast. It is better that he does not fast during his journey. Evidence for this is the above-mentioned ayah of the Qur’an and the instruction of the Prophet(pbuh) who said, “Verily Allah loves that His concessions are utilized as much as He hates the violation of His prohibitions.” (Reported by Ahmad (2/108), Ibn Hibban in his Sahib (2742) from the narration of Abdullah ibn ‘Umar.)
Having said this, if an ill person or a traveler decides to fast, it is valid. This is according to the majority of the scholars. (See al-Mughni (4/347).) However, it is better that he breaks his fast for the Prophet(pbuh) has said, “It is not from piety that one fasts during the journey.” (Reported by al-Bukhari (3/44) and Muslim (3/142) from the narration of Jabir ibn ‘Abdullah.)
“A person who made the intention to fast while he was in his city and then travelled later in the day, he may break his fast”: If he intended to fast while he was in the city of his residence and then fasted from dawn only to travel later in the day, then he is allowed to break his fast. This is because he has achieved the concession of the traveler about whom Allah says: {And whoever is ill or on a journey, then an equal number of other days.} (Al-Baqarah: 185) It is better if he completes the fast despite his journey. If he does break his fast, he should do so only after leaving his land as he cannot be considered a traveler while being at close proximity to his land.
If a pregnant woman or a nursing mother fears for her own safety, then she has to only make up for the fast that she missed. If she fears for the safety of her child, then she must make up for the fasts and feed the poor for each fast that she missed.”
“If a pregnant woman or a nursing mother fears for her own safety, then she has to only make up for the fast that she missed”: Both of these women may refrain from fasting as they come under the concession mentioned in the verse: {And upon those who are able [to fast but with hardship] – a ransom [as substitute] of feeding a poor person [each day].}(Al-Baqarah: 184) If they fear that fasting is detrimental to their own health, they need only make up for the missed fasts. There is no dispute among the scholars on this issue.
“If she fears for the safety of her child, then she must make up for the fasts and feed the poor for each fast that she missed”: In this case, in addition to making up for the missed fasts, the women must also pay the fidyah. Hence, a pregnant woman and a nursing mother need not give fidyah if they fear for their own safety in the event that they fast. On the other hand, they must make up for the missed fasts and feed the poor for every fast that they missed if the reason was that they feared that only the child’s health would be at peril if they observed the fasts.
In summary, the following people may break their fast-during Ramadan:
First: An ill person who is expected to recover soon but finds it difficult to fast due to his illness.
Second: The traveler who travels a distance that permits him to shorten the prayers.
Third: The pregnant woman who fears that fasting is detrimental to her own health or the health of the foetus.
Fourth: The nursing mother who fears that fasting is detrimental to her own health or the health of her infant.
Fifth: A person who is terminally ill.
Sixth: The aged who is not senile yet is unable to fast.
All of these categories of people must make up for the fasts that they miss except those who are terminally ill and the aged. They need one as a replacement for the fasts.
If a person had intended to fast but lost his sanity or fell unconscious throughout the day without regaining consciousness even for a brief moment, then his fast becomes invalid. However, the fast of one who sleeps throughout the day is valid. He who fell unconscious need only make up for his fast.
“If a person had intended to fast but lost his sanity or fell unconscious throughout the day”: That is, he began fasting from dawn but later fell unconscious throughout the day or he lost his sanity until dusk, then his fast is nullified. This is because he had lost his mind and losing one’s mind sets one free of any obligation. The Prophet(pbuh) said, “The pen has been lifted from three.” And he mentioned among them, “The lunatic until he becomes sane.” (Reported by Ahmad (6/100,101,144), Abu Dawud (4398) and al-Nasa’i (6/156) from the narration of ‘Aishah.)
“Without regaining consciousness even for a brief moment”: However, if he was to regain consciousness during the course of day and had regained sanity even for a short period of time, then his fast becomes valid. This is because the brief moment that he gained consciousness or regained his sanity is sufficient to validate his intention to fast. He who does not regain consciousness throughout the day or remains without sanity until sunset, his fasting is invalid since he has lost his intention to fast.
“However, the fast of one who sleeps throughout the day is valid”: Sleeping throughout the day does not nullify fasting as sleep does not affect one’s sanity or his capacity to think rationally. Sleep is less potent than the loss of consciousness or sanity.
“He who fell unconscious need only make up his fast”: There is no excuse for missing his fast as he did not nullify his fast on purpose.
It is wajib to specify the intention to fast the night before fasting each day of the obligatory fast. However, it is not required to specify that an obligatory fast will be fasted. Intention for supererogatory fasts can be made in the day before the sun sets from its zenith and thereafter.
“It is wajib to specify the intention to fast the night before fasting each day of the obligatory fast. However, it is not required to specify that an obligatory fast will be fasted”: Having an intention to fast is among the conditions that validate fasting during the day. The Prophet(pbuh) said, “Verily actions are by intentions and verifying for a person is what he intended.” If a person abstains from food and drink and other things prohibited during fasting throughout the day without an intention to fast, then it is not regarded as a fast. He is not rewarded for his abstention due to an absence of intention.
There are two situations pertaining to fasting:
The first situation: If the fast is an obligatory one like the fasts of Ramadan, the fasts of vows and the fasts of expiation, then the time period within which the intention to fast must be made commences at the beginning of the preceding night and ends at the arrival of dawn. This is to ensure that the whole day is included in the intention to fast and no part of the day is excluded. The Prophet(pbuh) said, “There is no fast for him who did not make an intention the night before.” (Reported by Ahmad (6/287), Abu Dawud (2454), al-Tirmidhi (730) and al-Nasa’i (4/196) from the narration of Hafsah.)
The second situation: “Intention for supererogatory fasts can be made in the day before the sun sets from its zenith and thereafter”: If one wants to fast a voluntary fast, then his making of the intention during the day does not nullify the fast. If he does not eat or drink during the day and has not made his intention except during the day, then his voluntary fast is valid. The evidence for this is the incident where the Prophet(pbuh) entered his house and asked, “Is there any food?” And they answered that there was no food. So, he(pbuh) said, “Verify I am fasting then.” (Reported by Muslim (3/159), Ahmad (6/49,207) from the narration of Aishah.) The permissibility of making the intention to fast the voluntary fasts during the day is illustrated in this hadith as the Prophet(pbuh) did so during the daytime. Nafl (voluntary) acts of worship are more flexible than the obligatory ones.
If a person makes an intention to fast if the following day may be the first of Ramadan, which is an obligatory fast, then it is invalid. He who makes an intention to break his fast, has indeed broken his fast.
“If a person makes an intention to fast if the following day may be the first of Ramadan, which is an obligatory fast, then it is invalid”: He tells himself that he will fast if the following day is the first day of Ramadan and if it is not, then he will regard it as a nafl fast. This intention will render his fast invalid if the following day is indeed Ramadan. This is because there is ambiguity when making the intention which is not permissible as is the case for adding a conditional clause.
“He who makes an intention to break his fast, has indeed broken his fast”: For example, a person is performing an obligatory fast such as the fasting within Ramadan or other similar fasts, e.g., making up for the missed fasts of Ramadan, fasts of vow and fasts of expiation. Later in the day, he makes an intention to discontinue his fast. With this intention, he has effectively nullified his fast, even if he goes on to abstain from food and drink and all other things that invalidate the fast until dusk. This is due to the severing of his intention. Obligatory fasts are only valid when the niyyah (intention) is continuously maintained. Hence a person’s fasting is nullified by him merely having an intention to break the fast.
Voluntary fasts however are not nullified by an intention to break the fast alone. These fasts can only be invalidated by eating or drinking or the other things that invalidate a fast. This is because voluntary acts of worship are more flexible. Furthermore, a voluntary fast is valid even when the intention to fast is made during the daytime as we discussed earlier. If his intention to fast is disrupted and restored once again, his voluntary fast remains valid.
By Shaykh Salih ibn Fawzan al-Fawzan
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