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Related Issues
1-Until
Dawn, One Can Eat, Drink and Have Intercourse:
If
someone has food in his mouth when Fajr is beginning, he should spit
it out. If he is having intercourse (with his wife) at that time, he should
immediately stop. If he does so, his fast will still be valid. If he
continues in these actions at that time, he will have broken his fast.
Al-Bukhari and Muslim record from `A’ishah that the Prophet said:
“Bilal makes the call to prayer while it is still night;
therefore, eat and drink until Ibn Umm Maktum makes the call to
prayer.”
2-
If one eats, drinks, or has intercourse, thinking that the sun has
set or that Fajr has not occurred:
In
such cases, according to most scholars and the four imams, that
person is to make up that day. However, there is a difference of opinion
on this point. Ishaq, Dawud, Ibn Hazm, `Ata, `Urwah, Al-Hasan Al-Basri,
and Mujahid maintain that such a fast is sound and that the
person need not make up the day later. They base their opinion on
the fact that Allah says in the Qur’an: “And there is no sin for
you in the mistakes you make unintentionally, but what your hearts
purpose [that will be a sin for you].”
3-Unintentional
mistakes:
The
Messenger of Allah, peace and blessings be upon him, said: “Allah
will not hold anyone of this nation responsible for what is done by
mistake . . .”
Al-Bukhari records that Asma’ bint Abu Bakr said: “We broke the
fast of Ramadan when it was cloudy during the time of the Prophet, and
then the sun appeared again." Commenting on the subject, Ibn
Taimiyyah says: "This points to two things:
-
It
is not preferred for one to delay breaking the fast until one is
absolutely certain that the sun has set .
-
It
is not necessary to make up such a day. If the Prophet would
have ordered them to make up that day, it would have
become public knowledge. The fact that it has been related that
they broke their fast [and that it has not been related that
they were ordered to make up that day] points to the fact that
they were not ordered to make up that day."
The
only action, according to most scholars, which requires that both
the day be made up and the act of expiation be performed is having
sexual intercourse during a day of Ramadan.
Abu Hurairah reported that a man came to the Messenger of Allah and
said: "I am destroyed, O Messenger of Allah!" The Prophet asked:
“What has destroyed you?” He said, “I had intercourse with my
wife during a day of Ramadan.” The Prophet asked: “Are you able
to free a slave?” He said, "No". The Prophet asked:
“Is it possible for you to fast for two consecutive months?” He
said, "No." The Prophet asked: “Is it possible for
you to feed sixty poor people?” He said, "No." The
Prophet said: “Then sit.” A basket of dates was brought to
the Prophet and he said to the man: “Give this in
charity.” The man said: "To someone poorer than us? There is
no one in this city who is poorer than us!" The Prophet
laughed until his molar teeth could be seen and said: “Go and feed
your family with it." (Related by the group.)
Most scholars say that both men and women have to perform the acts
of expiation if they intentionally have intercourse during a day of
Ramadan on which they had intended to fast. If they had intercourse
out of forgetfulness or not due to choice-that is, due to coercion,
or they did not have the intention to fast, then the expiation is
not obligatory on either one of them. If the woman was forced to
have intercourse by the man, the expiation will be obligatory only
upon the man.
According to Ash-Shafi’i, the expiation is not obligatory upon the
woman in any case-that is, regardless if it was due to choice or coercion,
and she need only make up the day of fasting that she voided. An-Nawawi
says: "The most authentic opinion, in general, is that the
expiation is obligatory upon the man only and that there is nothing
upon the woman. There is nothing obligatory on her in relation
to this matter, as it is a matter of [paying] money [due to
something related to] sexual intercourse and this refers to the duty of
the man and not the woman. [In this way,] it is similar to the case
of dowry."
Abu Dawud says: "Ahmad was asked about someone who had sex
during Ramadan: 'Is there any expiation upon the woman?' He said:
'I have not heard of any.' " In Al-Mughni, it is stated:
"This refers to the fact that the Prophet ordered the man who
had had sexual intercourse to free a slave. He did not order
the woman to do anything, although he obviously knew that she was a
partner in the act."
According to most scholars, acts of expiation must be performed in
the order that was mentioned in the hadith. The first command is to
free a slave. If this is not possible, the person is to fast for two
consecutive months. If that is not possible, the person is to feed sixty
poor people with meals that are similar to an average meal in his
household. The person cannot jump from one act to another unless
he is not able to perform the prior order commanded. According to
the Malikiyyah and a narration from Ahmad, the person is free
to choose any of the above three acts and that will be sufficient
for him.
This latter opinion is based on the report from Malik and Ibn Juraij
on the authority of Humaid ibn `Abdurrahman who reported that Abu Hurairah
narrated that a man broke his fast during Ramadan and the Prophet
ordered him, as an expiation, to free a slave or fast two months
consecutively or to feed sixty poor people. (Related by Muslim.)
In the preceding Hadith, the word "or" implies choice, but
according to some, the reason for the expiation to be performed was
different and therefore the person could choose, as in the case
of the expiation for breaking an oath. Ash-Shaukani says: "In
the different narrations, there is evidence that the expiation
is to be performed in order or according to one's choice. Those who
relate it to be in order are more in number. Al-Muhallab and
Al-Qurtubi combined the narrations and said that the event [of
someone breaking the fast] occurred more than once."
Al-Hafidh differs: "This is not correct. It was just one event
and the parts are all united. So the crux of the matter is that
there was not more than one event. Some combine the reports and
say that following the order is preferred, but that one may choose.
Others say the opposite."
Whoever has sexual intercourse (with his wife) on a day of Ramadan
and, before he performs the act of expiation, has intercourse on another
day of Ramadan, need only perform one act of expiation according to
a narration from Ahmad and the Hanafiyyah. This is because
there is a punishment for acts that are repeated, and if the
expiation or punishment is not carried out, all the acts are taken together
as one. According to Malik, ash-Shafi`i, and Ahmad, the person must
perform the expiation twice, as each day of Ramadan is a
separate act of worship. If the expiation is obligatory because the
person voided the fast, the separate acts are not combined together.
All scholars agree that if the person intentionally had intercourse
during a day of Ramadan, has performed the expiation, and then has intercourse
on another day of Ramadan, and then another expiation becomes
obligatory upon him. Similarly, they are in agreement that if
one has intercourse twice during a day, before performing the
expiation for the first act, then he need only perform one act of expiation.
If he has performed the expiation for the first one, then he need
not perform an act of expiation for the second, according to most
scholars. Ahmad says that in such a case, he must perform a total of
two acts of expiation.
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