Book of Fasting — Tuḥfat al-Mulūk

Ruling443

1 note

The Ramaḍān fast is valid from one who is sound of body and resident, with an unrestricted intention, an intention of supererogation (nafl), or an intention of another obligation.

From the editors

Footnotes

Good health is a condition of obligation for fasting (ṣawm). This means it is not obligatory with any illness that they fear will worsen or be prolonged by the fast. Likewise, if they are healthy but fear becoming ill due to fasting (ṣawm). As in al-Tabyīn 1:333, due to Allah’s statement, “But if anyone is ill or on a journey, the prescribed number should be made up from days later.” 2:184.

Residency (iqāmah) is also a condition for the obligation of fasting. Consequently, the obligation of fasting Ramaḍān does not fall upon a traveller (musāfir), but they are obligated to make up (qaḍāʾ) the fast later, due to Allah’s statement: “But if anyone is ill or on a journey, the prescribed number (should be made up) from days later.” 2:184.

This is when one simply intends to fast without any further stipulation.

Due to His saying, “Fasting is prescribed for you.” [2:183]. Thus, whoever witnesses the month and fasts it, fulfils their obligation. Further, Ramaḍān is a complete measure (miʿyār) in which no other fasting is prescribed, so any fast performed automatically counts as the obligatory (farḍ) fast, due to the fast of Ramaḍān encompassing the entire month. See: Radd al-Muḥtār 2:85.

Ruling444

1 note

As for a specified vow (nadhr), it is valid with an unrestricted intention or an intention of supererogation—not with an intention of another obligation.

From the editors

Footnotes

A specified vow (nadhr muʿayyan) is when someone says, “Upon me, for Allah, is to fast on Thursday,” for example, or “the month of Shaʿbān.” As they specify a certain time for fasting, this fast becomes obligatory (wājib) upon them.

Because a specified vow does not require additional clarification. It is deemed valid under Allah’s original command (the obligation of fasting), since a servant cannot introduce new religious duties. Thus, it resembles the fast of Ramadan in that an absolute intention suffices, and an intention of a voluntary fast is overridden. However, if one intends a different obligatory fast, that intention applies — unlike in Ramadan, where any fast intended defaults to the compulsory Ramaḍān fast.The reason for this difference is that the time for the Ramaḍān fast is specified by the One with absolute authority—Allah—so that timing is categorically established. By contrast, a specified vow becomes attached to a particular time only by the person making the vow and their authority is limited and so can be overridden. See: Badāʿiʾ al-Ṣanāʿiʾ 842, Sharḥ al-Wiqāyah, p. 234, Tanwīr al-Abṣār, and al-Durr al-Mukhtār 2:86.

Ruling445

Both are valid with an intention formed during night or day before the greater forenoon (ḍuḥawā kubrā); not thereafter—like supererogatory fasting.

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Ruling446

And staying up by night [to frame one’s intention] is superior.

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Ruling447

1 note

If the sick person or traveller intends Ramaḍān as another obligation, it is valid; if he observes it voluntarily (nafl), there are two narrations.

From the editors

Footnotes

There are three opinions regarding the case where a sick person intends to fast another obligatory (wājib) fast during Ramaḍān:The first view: the fast is according to the intention they made, because Ramaḍān is like Shaʿbān for them. This is the choice (ikhtiyār) of the author of al-Hidāyah and most scholars (al-mashāyikh), and it was said this is the ẓahir ar-riwāyah. The second opinion: The fast fulfils the obligation of Ramaḍān. This is the preferred view of Fakhr al-Islām, Shams al-Aʿimmah, and others. It was also deemed correct (taṣhīḥ) in al-Majmaʿ.The third opinion: a distinction is made between two cases:If fasting harms them and the permission (to break the fast) is based on the fear of increasing the harm, they are like a traveller (musāfir) and the fast fulfils their intention.If fasting does not harm them then the concession is based on his reality, and so the fast fulfils the obligation of the current time (i.e. Ramaḍān). This is the preferred view in al-Kashf and al-Taḥrīr. Ibn ʿĀbidīn in Radd al-Muḥtār (2:86) concluded that this view reconciles the two views. See: Sharḥ al-Wiqāyah, p. 234, Muntahā al-Niqāyah, p. 234, Radd al-Muḥtār 2:86, al-Hadiyyah al-ʿAlāʿiyyah, p. 155, and others.

Ruling448

An unrestricted vow, expiation (kaffārah), making up Ramaḍān, and the like do not become valid by an intention formed during daytime.

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Ruling449

Seeking sighting of the new moon on the night preceding the thirtieth of Shaʿbān and of Ramaḍān is recommended; if it is not seen, neither fasting nor breaking the fast [that evening] applies.

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Ruling450

1 note

Fasting on the day of doubt is disliked, unless it coincides with a habitual voluntary practice for him.

Ruling451

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Whoever sights the crescent alone and his testimony is rejected should fast; if he breaks his fast after the rejection, make-up alone is obligatory on him—nothing further—likewise if he breaks before it according to some; if he completes thirty days he should not break the fast alone; if he breaks, there is no expiation upon him.

From the editors

Footnotes

They are obligated to fast based on their own sighting, as it is the reason (sabab) for the obligation of fasting; due to the command of the Messenger, “Fast when you see it (the new moon)...”. If they break their fast after their testimony is rejected, they are obligated to make up that day, but there is no expiation (kaffārah) upon them. However, al-Shāfiʿī held that expiation is obligatory. See: Tuḥfat al-Muḥtāj 3:451, Futūḥāt al-Wahhāb 2:344, and the commentaries of Qalyūbī and ʿUmayrah 2:92, and others.

According to the sound (ṣaḥīḥ) view, making up the fast (qaḍāʾ) is obligatory, but expiation (kaffārah) is not, as in Sharḥ ibn Malak, Minḥat al-Sulūk 2:162, and Hadiyat al-Ṣaʿalūk, p. 145. This is because it is not considered a day of fasting by the community. However, some scholars say that expiation is obligatory because they were certain about their sighting, and his testimony was not rejected such that it can be a cause of doubt (shubhah) for him.

Due to obligation of fasting at the beginning of the month being out of caution (iḥtiyāṭan). Caution at the end of the month dictates that one conforms with the people and fasts, to avoid public suspicion (tuhmah). However, if they break their fast, there is no expiation upon them, considering the reality (ḥaqīqah) that the month is over according to their sighting which is definitive in their right. See: Sharḥ Ibn Malak.

Ruling452

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Regarding Ramaḍān’s crescent under cloud cover, the testimony of one upright witness is accepted—even if he is a slave, a woman, or one punished for calumny (qadhf); if they fast thirty days yet do not sight the crescent, breaking the fast is differed over—unlike with two witnesses.

From the editors

Footnotes

An upright witness is someone who is not known for immorality (fāsiq). The testimony of someone of unknown character (mastūr al-ḥāl) is also accepted.

In the case where the community starting fasting based on the testimony of one just witness regarding the new moon of Ramaḍān due to an obstruction in the sky. If they fasted for thirty days, it is not permissible for them to break the fast because breaking the fast is not established by the statement of one person according to Abū Ḥanīfa and Abū Yūsuf, out of caution (iḥtiyāṭ). See: Sharḥ Ibn Malak. According to Muḥammad, the moon of ʿEid can be established based on the testimony of one person as a secondary effect of the start of Ramaḍān. Breaking the fast in this scenario is not established by sight of the new moon, but rather as a consequence of completing thirty days. When the judge ruled based on the testimony of one person for the beginning of Ramaḍān, fasting became obligatory, and upon completing the thirty days, breaking the fast was consequently established. Many matters are established secondarily (ḍimnan) but not primarily (qaṣdan). See: Sharḥ al-Wiqāyah, p. 236; ʿUmdat al-Riʿāyah 1:310, and others..

Ruling453

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Under clear skies there must be locals of the neighbourhood or fifty men.

From the editors

Footnotes

There are three opinions regarding the case where a sick person intends to fast another obligatory (wājib) fast during Ramaḍān:The first view: the fast is according to the intention they made, because Ramaḍān is like Shaʿbān for them. This is the choice (ikhtiyār) of the author of al-Hidāyah and most scholars (al-mashāyikh), and it was said this is the ẓahir ar-riwāyah. The second opinion: The fast fulfils the obligation of Ramaḍān. This is the preferred view of Fakhr al-Islām, Shams al-Aʿimmah, and others. It was also deemed correct (taṣhīḥ) in al-Majmaʿ.The third opinion: a distinction is made between two cases:If fasting harms them and the permission (to break the fast) is based on the fear of increasing the harm, they are like a traveller (musāfir) and the fast fulfils their intention.If fasting does not harm them then the concession is based on his reality, and so the fast fulfils the obligation of the current time (i.e. Ramaḍān). This is the preferred view in al-Kashf and al-Taḥrīr. Ibn ʿĀbidīn in Radd al-Muḥtār (2:86) concluded that this view reconciles the two views. See: Sharḥ al-Wiqāyah, p. 234, Muntahā al-Niqāyah, p. 234, Radd al-Muḥtār 2:86, al-Hadiyyah al-ʿAlāʿiyyah, p. 155, and others.

Ruling454

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Regarding Shawwāl’s crescent under cloud cover, two free men are required—or one man and two women—as with Eid al-Aḍḥā.

From the editors

Footnotes

This means that it must be witnessed by two men, or one man and two women, who are upright, free, and not punished for slander, as in other rulings. This is because it is a testimony that brings benefit to people, through the breaking of the fast, and thus resembles testimony for people’s rights.

This means that the rules for sighting the crescent of ʿĪd al-Aḍḥā follow those for sighting the crescent of ʿĪd al-Fiṭr in Ramaḍān. Thus, one must meet the same testimony requirement, accompanied by any relevant factor (i.e., an obstruction in the sky), or otherwise a large group if the sky is clear, in line with what is stated in al-Hidāyah and its commentaries. According to a narration in al-Nawādir, it is treated like the Ramaḍān crescent—meaning it can be established by the testimony of a single person if there is a hindrance (e.g., cloudiness). At-Tuḥfah deems this the correct opinion. See Tanbīh al-Ghāfil, p. 82, and elsewhere.

Ruling455

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Neither of two legally distinct towns is bound by the sighting of the other unless their horizons coincide.

From the editors

Footnotes

Regarding local vs global sightings of the moon, there is a difference of opinion within the school. First view: Due to different horizons (ikhtilāf al-maṭāliʿ), each location is not bound by the other’s sighting. This is the view the author of [this work] holds, and Ibn Malak follows it in his commentary, saying, “This is the more likely view, because each people is addressed with whatever pertains to them, unless their horizons coincide, in which case, if the two places are near one another, each is bound by the other’s sighting.” Al-Zaylaʿī, in al-Tabyīn (1:321), writes: “The more likely view is to consider the difference in horizons, because each people is addressed with whatever applies to them. The appearance of the crescent depends on the reflection of the sun on it, which differs from one region to another, just as the times for prayer begin and end at different points in various places. For instance, if the sun has passed its zenith in the east, it does not necessarily mean it has done so in the west. The same goes for daybreak and sunset: each degree the sun moves constitutes daybreak for some, sunrise for others, sunset for some, and midnight for others.” The author of al-Tajrīd and others chose this view as well, as noted by al-Sharnbalālī in his Sharnbalāliyya (1:201). An example is the hadith of Kuraib (may Allah be pleased with him): “Umm al-Faḍl bint al-Ḥārith (may Allah be pleased with her) sent me to Muʿāwiyah in Syria. I went there, completed her errand, and Ramaḍān began while I was in Syria. We saw the crescent on the night of Friday. Then I arrived in Madīnah at the end of the month. Ibn ʿAbbās (may Allah be pleased with them) asked me about the crescent and said, ‘When did you see it?’ I said, ‘We saw it on the night of Friday.’ He said, ‘Did you see it yourself?’ I said, ‘Yes, and the people saw it as well, and Muʿāwiyah fasted, and so did they.’ He said, ‘But we saw it on the night of Saturday, so we will continue fasting until we complete thirty days or until we see it.’ I said, ‘Will you not consider the sighting of Muʿāwiyah and his fast?’ He said, ‘No. This is how the Messenger of Allah commanded us.’” Ṣaḥīḥ Muslim 2:765 Al-ʿAllāmah Ibn Nujaym, in al-Baḥr al-Rāʾiq (2:291), critiques the use of this hadith as evidence by noting that it is merely a single person’s report (Kuraib), which would not bind a judge to reverse a judicial verdict (qadhāʾ).Second view: This is the most relied upon in the madhhab (muʿtamad): that differences in horizons are not considered. That is, if one city’s inhabitants see the crescent while another city’s inhabitants do not, the latter must still fast according to the former’s sighting, under all circumstances. Consequently, if one city fasts thirty days while another fasts twenty-nine, the second city is obliged to make up an extra day. Most of the senior scholars hold this view. It is stated explicitly by al-Nasafī in al-Kanz (1:321) and al-Ḥalabī in al-Multaqā (1:239). Ibn al-Humām writes in Fatḥ al-Qadīr (2:313): “If the crescent is confirmed in one city, then it is binding on all people; this is the apparent (ẓahir) of the madhhab, the people of the East must observe the sighting of the people of the West.” Al-Sharnbalālī states in al-Sharnbalāliyya (1:201): “This is the apparent ruling of the school and is used for fatwā, as mentioned in al-Baḥr (2:290) citing al-Khulāṣah. Al-Kāfī says: ‘The apparent narration (ẓāhir al-riwāyah) is that differences in horizons are not considered.’” Shaykh Zādah in Majmaʿ al-Anhur (1:239) said likewise. Ibn ʿĀbidīn, in Tanbīh al-Ghāfil (p. 110), declares: “No consideration is given to differences in horizons across various regions, except according to al-Shāfiʿī.” He also says, “The preponderant and relied upon view (al-muʿtamad al-rājiḥ) is that differences in horizons are not considered, which is the apparent narration endorsed by the standard Mutūn, like al-Kanz and others. It is also the correct view among the Ḥanbalīs (as indicated in al-Inṣāf 3:273), as well as the view of the Mālikīs, as per the Mukhtaṣar Khalīl and its commentary by Shaykh ʿAbd al-Bāqī. The instruction to fast is general to all regions if its confirmation has been transmitted from the people of one location by two upright witnesses—or a widely known transmission of their ruling or there is a mass sighting. Their argument is the universal address in the Prophet’s command ‘Fast’ (ṣūmū), which he attaches to the generic cause of ‘seeing the moon’ (li-ruʾyatihi). Since, by the sight of some group, the term ‘seeing’ is fulfilled, it follows that the general ruling linked to this seeing (i.e., to begin fasting) applies universally.” See: Fatḥ al-Qadīr (2:313) and Ḥāshiyat al-Shalbī (1:316).

Ruling456

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If they complete Shaʿbān then fast Ramaḍān yet it amounts to twenty-eight days: if they counted Shaʿbān by sighting its crescent they make up one day; otherwise they make up two.

Ruling457

1 note

If the crescent is sighted before midday (zawāl), it belongs to the past night; if after it, to the coming night.

Ruling458

The time of fasting runs from rising of the second dawn (true Fajr) to sunset.

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Ruling459

1 note

Fasting is abstention from eating, drinking, and sexual intercourse by day together with intention.

From the editors

Footnotes

al-ʿAynī said in al-Minḥah 2:166: “This definition is not an analytical definition because it does not exclude menstruating women, postpartum women, and disbelievers. If he had said, ‘with the intention from those with capacity (ahliyyah),’ it would exclude those who are not qualified and therefore be a complete definition.” Many books have included the stipulation of capacity (aliyyah) including: al-Wiqāyah (p. 232), al-Multaqā (1:230), and al-Tanwīr (2:80-81).The intention (al-niyyah) is the resolve of the heart (jazm al-qalb) that one plans to fast, or their knowledge in their heart that they are fasting. Their waking up for suḥūr (pre-dawn meal) with the intention of fasting is considered an intention. It is recommended (mustaḥabb) for the fasting person (al-ṣā'im) to verbalize their intention, as verbalization helps to solidify the intention. They should verbalize it as follows: "I intend to fast tomorrow," or "this day," if they intend during the day, "for Allah , from the obligatory fast of Ramaḍān." See: al-Hadiyah al-ʿAlāʾiyyah, p. 155, al-Fatāwā al-Hindiyyah 1:195, and Radd al-Muḥtār 2:87.

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