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Subject:
From:
Momodou Mbye Jabang <[log in to unmask]>
Reply To:
The Gambia and related-issues mailing list <[log in to unmask]>
Date:
Mon, 20 Dec 1999 22:25:26 +0800
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Assalaamu alaikum

Alhamdulillah and here is the last part of the treatise. Allahumma a'inna
ala dhikrika washukrika wa husni ibaadatika. The Shaickh wrote:

(49) If a person is engaged in the act of intercourse and dawn comes, he is
obliged to withdraw, and his fast will be valid even if he ejaculates after
withdrawal, but if he continues having intercourse until after dawn, he has
broken his fast, and he must repent, make the fast up later, and offer
expiation.

(50) If morning comes and a person is in a state of janaabah (impurity
following sexual intercourse), this does not affect his fasting. He or she
is permitted to delay doing ghusl, whether it is for janaabah or following
menstruation or post-natal bleeding, until after the sun has come up, but it
is better to hasten to do ghusl so that one can pray.

(51) If a person who is fasting sleeps and experiences a wet dream, this
does not break his fast, according to scholarly consensus (ijmaa’), so he
should complete his fast. Delaying doing ghusl does not break the fast, but
he should hasten to do ghusl so that he can pray and so that the anegls will
draw close to him.

(52) If a person ejaculates during the day in Ramadaan because of something
that he could have refrained from, such as touching or repeatedly looking at
a woman, he must repent to Allaah and fast for the rest of the day, but he
also has to make up that fast later on. If a person starts to masturbate but
then stops, and does not ejaculate, then he has to repent but he does not
have to make the fast up later on, because he did not ejaculate. The person
who is fasting must keep away from everything that may provoke his desire,
and he must repel any bad thoughts that come to him. However, according to
the most correct opinion, if he emits prostatic fluid (madhiy), this does
not break his fast.

The emission of wadiy, a thick sticky substance that comes out after
urination, with no sense of physical pleasure, does not break the fast, and
a person does not have to do ghusl, but he does have to do istinjaa’ (clean
his private parts) and do wudoo’. (Fataawa al-Lajnah al-Daa’imah, 10/279)

(53) “Whoever vomits unintentionally does not have to make up the fast later
on, but whoever vomits on purpose does have to make up the fast.” (Saheeh
hadeeth narrated by al-Tirmidhi, 3/89). A person who vomits deliberately, by
sticking his finger down his throat or applying pressure to his stomach, or
deliberately smelling a repulsive odour, or looking at something that could
make him vomit, is obliged to make up the fast later on. If he feels that he
is about to vomit, but then it subsides by itself, this does not break his
fast, because it is not something that he can control, but if the vomit
comes into his mouth and he swallows it back down, this does break the fast.
If a person feels sick in his stomach, he does not have to suppress the urge
to vomit, because this could cause him harm. (Majaalis Sharh Ramadaan, Ibn
‘Uthaymeen, 67).

If a person unintentionally swallows something that is stuck between his
teeth, or if it is so small that he could not tell it was there or spit it
out, this is counted as being part of his saliva and it does not break his
fast. But if it is big enough to spit out, he should spit it out. If he
spits it out, this is OK, but if he swallows it, this breaks his fast. If it
can be diluted in the mouth, in whole or in part, and it has an added taste
or sweetness, it is haraam for him to chew it. If any of this substance
reaches the throat, this breaks the fast. If a person spits out water after
rinsing his mouth, his fast is not affected by any moisture or wetness that
is left behind, because he cannot help it.

If a person suffers from a nosebleed, his fast is still valid, because this
is something that is beyond his control. (Fataawa al-Lajnah al-Daa’imah,
10/264).

If he has gum ulcers or his gums bleed after using the siwaak (tooth stick),
it is not permissible for him to swallow the blood; he has to spit it out.
However, if some blood enters his throat by accident, and he did not mean
for that to happen, there is no need to worry. Similarly, if vomit rises in
his throat then goes back down to his stomach without him intending for this
to happen, his fast is still valid. (Fataawa al-Lajnah al-Daa’imah, 10/254).

With regard to mucus coming from the head (nose and sinuses) and phlegm
coming from the chest by coughing and clearing the throat, if it is
swallowed before it reaches the mouth, this does not break a person’s fast,
because it is a problem which all people have; but if it is swallowed after
it reaches the mouth, this does break the fast. However, if it is swallowed
unintentionally, it does not break the fast.

Inhaling water vapours, as may happen to people working in desalination
plants, does not break the fast. (Fataawa al-Lajnah al-Daa’imah, 10/276).

It is disliked (makrooh) to taste food unnecessarily, because this carries
the risk that the fast may be broken. Examples of cases where it is
necessary to taste food include a mother chewing food for an infant when she
has no other way to feed him, tasting food to make sure that it is OK, and
tasting something when making a purchase. It was reported that Ibn ‘Abbaas
said: “There is nothing wrong with tasting vinegar or anything that one
wishes to buy.” (Classed as hasan in Irwa’ al-Ghaleel, 4/86; See al-Fath,
commentary on Baab Ightisaal al-Saa’im, Kitaab al-Siyaam).

(54) Using siwaak is Sunnah for the one who is fasting at all times of the
day, even if it is wet. If a person who is fasting uses a siwaak and detects
some heat or other taste from it and swallows it, or if he takes the siwaak
out of his mouth and sees saliva on it then puts it back in his mouth and
swallows the saliva, this does not break his fast. (al-Fataawa al-Sa’diyyah,
245). He should avoid any substance that can be diluted, such as the green
siwaak, or siwaak that has any extra flavour added to it, like lemon or
mint. He should spit out any small pieces that come off the siwaak in his
mouth; he should not swallow them deliberately, but if he swallows them
accidentally, there is no harm done.

(55) If a fasting person is injured or suffers a nosebleed, or gets water or
petrol in his mouth by accident, this does not break his fast. If he gets
dust, smoke or flies in his mouth by accident, this does not break his fast
either. Things that one cannot avoid swallowing, like one’s own saliva, or
dust from grinding flour, do not break the fast. If a person gathers a lot
of saliva in his mouth then swallows it on purpose, this does not break the
fast, according to the most correct opinion. (al-Mughni by Ibn Qudaamah,
3/106).

If tears reach one’s throat, or if a person applies oil to his hair or
moustache, or uses henna, and then detects the taste of it in his throat,
this does not break his fast. Using henna, kohl or oil does not break the
fast. (See Majmoo’ al-Fataawa, 25/233, 25/245). This also applies to creams
used to moisturize and soften the skin.

There is nothing wrong with smelling pleasant fragrances, using perfume or
applying scented creams and the like. There is nothing wrong with a fasting
person using bukhoor (incense), so long as he does not use it as snuff.
(Fataawa al-Lajnah al-Daa’imah, 10/314).

It is better not to use toothpaste during the day, and to leave it till
night-time, because it is too strong. (Al-Majaalis, Ibn ‘Uthaymeen, p. 72).

(56) To be on the safe side, it is better for the fasting person not to be
treated with cupping (hijaamah). There is a strong difference of opinion on
this matter. Ibn Taymiyah suggested that the one who has cupping done breaks
his fast, but the one who does it does not break his fast.

(57) Smoking breaks the fast, and it cannot be used as an excuse not to
fast. How can a sin be taken as an excuse?!

(58) Immersing oneself in water or wrapping oneself in wet clothes in order
to cool down does not break the fast. There is nothing wrong with pouring
water over one’s head to obtain relief from heat and thirst. Swimming is
disliked, because it might make one break the fast (by swallowing water). If
a person’s work involves diving and he can be sure that he will not get
water in his mouth, there is nothing wrong with this.

(59) If a person eats, drinks or has intercourse, thinking that it is still
night, then he realizes that dawn has already broken, there is no harm done,
because the aayah clearly states that it is permissible to do these things
until one is sure that dawn has come. ‘Abd al-Razzaaq reported with a saheeh
isnaad going back to Ibn ‘Abbaas (may Allaah be pleased with him) that he
said: “Allaah has permitted you to eat and drink so long as there is any
doubt in your mind.” (Fath al-Baari, 4/135; this is also the opinion of
Shaykh al-Islam Ibn Taymiyyah, Majmoo’ al-Fataawa, 29/263).

(60) If a person breaks his fast, thinking that the sun has already set when
it has not, he must make up the fast later on (according to the majority of
scholars), because the principle is that it is still day, and a fact that is
certain cannot be rejected in favour of something doubtful. (Shaykh al-Islam
Ibn Taymiyah thought that it was not necessary for a person in this
situation to make up the fast).

If dawn breaks and a person has food or drink in his mouth, the fuqaha’ are
agreed that he should spit it out, and his fast is valid. This is like the
ruling on one who eats or drinks because he forgets, then remembers he is
fasting – if he hastens to spit out the food or drink in his mouth, his fast
is still valid.



Rulings on fasting for women

(62) A woman who has reached the age of puberty, but is too shy to tell
anyone, so she does not fast, has to repent and make up the days she has
missed, as well as feeding a poor person for each day, as an act of
expiation for delaying her fast, if the following Ramadaan comes and she has
not yet made up those days. Her case is like that of a woman who fasts the
days of her period out of shyness, and does not make them up later.

If a woman does not know exactly how many days she has missed, she should
fast until she is fairly certain that she has made up the days she had
missed and not made up from previous Ramadaans, and offer the expiation for
delaying for each day. She can do this at the same time as fasting or
separately, depending on what she is able to do

(63) A woman should not fast – except during Ramadaan – if her husband is
present without his permission, but if he is travelling then it does not
matter.

(64) When a menstruating woman sees the white substance – which is
discharged by the uterus when the period is finished – by which a woman
knows that she has now become taahir (pure), she should have the intention
to fast from the night before and should fast. If she does not have a time
when she knows she is taahir, she should insert a piece of cotton or
something similar, and if it comes out clean, she should fast, and if she
starts to bleed again, she should stop fasting, whether the blood is a flow
or just spotting, because it breaks the fast as long as it comes at the time
of the period. (Fataawa al-Lajnah al-Daa’imah, 10/154).

If the cessation of bleeding continues until Maghrib, and she has fasted
with the intention from the night before, then her fast is valid. If a woman
feels the movement of menstrual blood inside her, but is does not come out
until after the sun has set, her fast is valid and she does not have to make
the day up later.

If a woman’s period or post-natal bleeding ceases during the night, and she
makes the intention to fast, but dawn comes before she is able to do ghusl,
according to all the scholars her fast is valid. (al-Fath, 4/148)

(65) If a woman knows that her period will come tomorrow, she should still
continue her intention and keep fasting; she should not break her fast until
she actually sees the blood.

(66) It is better for a menstruating woman to remain natural and accept what
Allaah has decreed for her by not taking any medication to prevent her from
bleeding. She should be content with what Allaah accepts from her of
breaking her fast during her period and making those days up later. This is
how the Mothers of the Believers and the women of the salaf were. (Fataawa
al-Lajnah al-Daa’imah, 10/151). Moreover, there is medical evidence to prove
that many of the things used to prevent bleeding are in fact harmful, and
many women have suffered from irregular periods as a result of taking them.
However, if a woman does that and takes something to stop the bleeding, then
fasts, this is OK.

(67) Istihaadah (non-menstrual vaginal bleeding) does not have any effect on
the validity of the fast.

(68) If a pregnant woman miscarries and the foetus is formed or has a
discernible outline of any part of the body, such as a head or hand, then
her blood is nifaas; if, however, she passes something that looks like a
blood clot (‘alaq) or a chewed piece of meat that has no discernible human
features, her bleeding is istihaadah and she has to fast, if she is able,
otherwise she can break her fast and make it up later on. (Fataawa al-Lajnah
al-Daa’imah, 10/224). Once she becomes clean after having an operation to
clean the womb (D&C), she should fast. The scholars stated that the embryo
is considered to start taking shape after 80 days of pregnancy.

If a woman becomes clean from nifaas before forty days, she should fast and
do ghusl so that she can pray. (al-Mughni ma’a al-Sharh al-Kabeer, 1/360).
If the bleeding resumes within forty days after the birth, she should stop
fasting, because this is still nifaas. If the bleeding continues after the
fortieth day, she should make the intention to fast and do ghusl (according
to the majority of scholars), and any bleeding beyond the fortieth day is
considered to be istihaadah (non-menstrual bleeding) – unless it coincides
with the usual time of her period, in which case it is hayd (menstrual
blood).

If a breastfeeding woman fasts during the day and sees a spot of blood
during the night, although she was clean during the day, her fast is still
valid. (Fataawa al-Lajnah al-Daa’imah, 10/150)

(69) According to the most correct opinion, a woman who is pregnant or
breastfeeding is regarded as being like one who is ill, so she is permitted
not to fast, and she only has to make up the days that she missed, whether
she fears for herself or for her child. The Prophet  (peace and blessings of
Allaah be upon him) said: “Allaah has lifted the obligation of fasting and
part of the prayer from the traveller, and He has lifted the obligation of
fasting from the pregnant and breastfeeding woman.” (Reported by
al-Tirmidhi, 3/85; he said (it is a) hasan hadeeth). If a pregnant woman
fasts and experiences some bleeding, her fast is still valid; this does not
affect her fast at all. (Fataawa al-Lajnah al-Daa’imah, 10/225).

(70) In the case of a woman who is obliged to fast, if her husband has
intercourse with her during the day in Ramadaan with her consent, then the
ruling that applies to him also applies to her. If, however, he forces her
to do that, she should do her best to resist him, and she does not have to
offer expiation. Ibn ‘Aqeel (may Allaah have mercy on him) said: “In the
case of a man who has intercourse with his wife during the day in Ramadaan
whilst she is sleeping, she does not have to offer expiation.” But to be on
the safe side, she should make up that fast later on. (Shaykh al-Islam Ibn
Taymiyah (may Allaah have mercy on him) was of the opinion that this did not
invalidate her fast at all).

A woman who knows that her husband cannot control himself should keep away
from him and not adorn herself during the day in Ramadaan.

Women have to make up the fasts that they miss during Ramadaan, even without
their husbands’ knowledge. It is not a condition for an obligatory fast for
a woman to have the permission of her husband. If a woman starts to observe
an obligatory fast, she is not allowed to break it except for a legitimate
reason. Her husband is not permitted to order her to break her fast when she
is making up a day that she has missed; he is not allowed to have
intercourse with her when she is making up a missed fast, and she is not
allowed to obey him in that regard. (Fataawa al-Lajnah al-Daa’imah, 10/353).

In the case of voluntary fasts, a woman is not permitted to start a
non-obligatory fast when her husband is present without his permission,
because of the hadeeth narrated by Abu Hurayrah (may Allaah be pleased with
him), according to which the Prophet  (peace and blessings of Allaah be upon
him) said: “No woman should fast when her husband is present except with his
permission.” (Reported by al-Bukhaari, 4793).



In conclusion, this is what I was able to write about issues concerning
fasting. I ask Allaah to help us to remember Him, thank Him and worship Him
properly, and to end our Ramadaan with forgiveness, and to save us from the
Fire.

May Allaah bless our Prophet Muhammad, and his family and companions, and
grant them peace.

May Allah preserve you Shaickh Munajjid and continue to benefit us with
knowledge of the deen. May Allah make us hearers of the message and
followers of the best of it. Allahumma salli wasallim ala Nabiyyina
Muhammad. Wasalaam.

Modou Mbye



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