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Thursday, August 19, 2010

Fiqh: Sawm or Siyaam (Fasting)

Actions that are Permitted While Fasting - By Imran Ayub 

1. Actions that are Permitted While Fasting 

Any obedient servant who understands the Book and Sunnah will never doubt the fact that Allaah wishes ease for His servants and not hardship, since He has allowed various things for the fasting person and has eliminated any harm if they are done, and here they are with their proofs[1]:


1.1 That the Fasting person can begin fasting whilst in the state of janaabah[2]

It is permissible to observe fasting after taking ones pre – dawn meal while one is in a state of sexual impurity. However, it is imperative that such person take a full bath to offer the prayer.[3]

Narrated Aaishah and Umm Salamah (may Allaah be pleased with them both): “At times Allaahs Apostle (peace be upon him) used to get up in the morning in the state of Janaabah after having sexual relations with his wives. He would then take a bath and fast.”[4]


1.2 Use of the Tooth – Stick (As – Siwaak)

Narrated Aboo Hurayrah (may Allaah be pleased with him): Allaahs Apostle (peace be upon him) said, "If I had not found it hard for my followers or the people, I would have ordered them to clean their teeth with Siwaak for every prayer."[5]

The messenger of Allaah (peace be upon him) did not exclude the fasting person from this. So this shows that use of the Siwaak is for the fasting person and others along with every Wudoo and every prayer.[6]

Some people suggest that the fasting person should use the Miswak before midday, but not in the afternoon. This is a baseless concept. Thus, every person – fasting or otherwise – is allowed to use Miswak anytime. Similarly, it is allowed to substitute Miswak with a toothbrush and toothpaste for cleaning the mouth.[7] However, it is better to avoid the use of toothpaste during fasting hours.[8]

Sheikh Muhammad al-Saalih ibn Uthaymeen said: “…it is permitted (to use a toothbrush and toothpaste whilst fasting), but it is preferable not to use them because the toothpaste is too strong and may go down into the throat. Instead of doing that during the day, one should do it at night.”[9]

The basic ruling concerning originally permissible matters is that they are still permissible. If they were forbidden for the fasting person, Allaah or His Messenger (peace be upon him) would have clarified that.[10] And Allaah, the Most High, says: “…and your Lord is never forgetful,”[11]


1.3 Washing the Mouth and Nose 

Narrated Laqeet ibn Sabrah (may Allaah be pleased with him): The Prophet (peace and blessings of Allaah be upon him) said: “Do Wudoo properly. Make water reach between the fingers and toes, and rinse the nose very thoroughly, except when you are fasting.”[12]

In other words, although it is permissible to sniff water up the nose in the state of fasting, which is to be considered a part of ritual ablution (Wudoo), it should not be overdone.[13]

So he (peace and blessings of Allaah be upon him) pointed out that we should avoid excessive rinsing of the mouth and nose when fasting, lest that lead to the thing which is forbidden, namely water getting into the throat whilst fasting. As for simply rinsing out the mouth whilst fasting, there is nothing wrong with that so long as the water does not enter the throat of the fasting person.[14]


1.4 Embracing and Kissing

Kissing ones wife while fasting, does not break the fast, as long as moderation is observed.[15]

Umar ibn al-Khattaab (may Allaah be pleased with) said: “I kissed (my wife) whilst I was fasting. I said, O Messenger of Allaah (peace be upon him), today I did something grievous, I kissed whilst I was fasting. He said, hat do you think about rinsing your mouth whilst you are fasting?I said, here is nothing wrong with it. He said, ‘hen what’s wrong?16]

Narrated Aaishah (may Allaah be pleased with her):“The Prophet (peace be upon him) used to kiss and embrace (his wives) while he was fasting, and he had more power to control his desires than any of you."[17]

According to Aaishah (may Allaah be pleased with her), the Prophet (peace be upon him) was the person with the most restrain and control over his sexual desires. Therefore, while fasting, he had the ability to control his desire, preventing such romantic behaviour from turning into sexual behaviour.

It is learnt from this Hadeeth that kissing and fondling ones wife is permissible even If ones fasting. However, this is exclusively limited to those who have self – control and restrain during such passionate moments. Nevertheless, contemporary scholars hold the firm view that if the fasting person is young, then it is undesirable to kiss or fondle his wife while fasting. In case of older individuals, such acts are acceptable. The reason for this distinction is obvious in the case of youths, since the danger of exceeding the boundaries of excitement is more likely than in the case of the more mature person.[18]

1.5 Giving blood and injections which do not provide nourishment

Medicinal injections are allowed for the fasting person, as long as such injections and not food or nourishment substitutes. This type of injection should strictly be for medical treatment only. It does not matter if the injection was intravenous or underneath the skin, as it does not reach the stomach through the customary manner (that food does).[19]


1.6 Cupping / Blood – Letting for medical purposes and Having Teeth removed

This used to be one of those things which broke the fast, and then this was abrogated. Narrated Shaddaad ibn Aws (may Allaah be pleased with him): The Prophet (peace be upon him) said: “The cupper and the one for whom cupping is done have both invalidated their fast.”[20]

Narrated Ibn Abbaas (may Allaah be pleased with him): “The Prophet (peace be upon him) was cupped while he was in the state of ihram, and also while he was observing a fast.”[21]

Some of you may wonder, ‘How is this hadith abrogated?’ the answer is that the first hadith was during the Conquest of Makkah, while the second was in the Farewell pilgrimage, hence the second hadith came after and this tells us that the ruling was abrogated – and Allaah Knows Best.[22]

However, cupping (and donating blood) is disliked if it may cause weakness.[23] Narrated Thabit Al-Bunani (may Allaah be pleased with him): Anas bin Maalik (may Allaah be pleased with him) was asked whether they disliked the cupping for a fasting person. He replied in the negative and said, “Only if it causes weakness.”[24]

It is permissible to use cupping to drain blood. That is, the process of drawing blood to the surface of the skin by creating a vacuum at that point. Having ones teeth removed is also permissible.[25]


1.7 Tasting Food and putting medicine on Teeth

This is with the condition that it does not reach the throat. Narrated Ibn Abbaas (may Allaah be pleased with him): The Prophet (peace be upon him) said, “There is no harm for a person to taste vinegar or anything whilst he is fasting as long as it does not enter the throat.”[26]

Testing the taste of the food out of the pot or meals is allowed for the fasting person, if he does not swallow the food, allowing it to enter the throat (remember that taste buds are in the mouth). Similarly, it is permissible to place medicine on ones tooth.[27]


1.8 Using Kuhl[28] and similar things which enter the eyes

These are things which do not break the fast whether or not they produce a taste in the throat. This was the conclusion preferred by Sheikh – ul – Islam ibn Taymiyyah in his important treatise Haqeeqatus – Siyaam and also by his student Ibn Qayyim al – Jawziyyah in his valuable book Zaadul – Ma’aad. Imam Bukhaari says in his Saheeh: “…Anas, al – Hasan and Ibraaheem did not see any harm in use of Kuhl for the fasting person.”[29]

Some people who use eye drops have said that it seems to reach the throat. However, Dr. Bilal Philips explained that: “We do not drink with our eyes, and thus it doesnt count. Similarly, when we smell food, particles enter our lungs and thus into our body.”

1.9 Pour cold water over the head, and taking a bath

Bathing, swimming, or sitting in water to cool off while fasting is permissible.[30]

Al – Bukhaari says in his Saheeh: “Chapter: A fasting person taking a bath: And Ibn Umar (may Allaah be pleased with him) soaked a garment in water and put it over himself whilst he was fasting, and ash – Shabee entered the bath – house whilst he was fasting, and al – Hasan said: There is no harm in rinsing the mouth cooling ones body with cold water when fasting. And the Prophet (peace be upon him) used to pour water over his head whilst fasting due to thirst or the heat.”[31]

It says in Awn al-Mabood: “This indicates that it is permissible for the fasting person to seek relief from the heat by pouring water over part or all of his body. This is the view of the majority, and they did not make any distinction between ghusl that is obligatory and that which is recommended or permissible.”[32]


1.10 Swallowing ones Saliva does not break the fast

Narrated Aaishah (may Allaah be pleased with her) said, The Prophet (peace be upon him) said, “It (i.e. Siwak) is a purification for the mouth and it is a way of seeking Allahs pleasures.” Ata' and Qatadah said, “There is no harm in swallowing the resultant saliva.”[33]


1.11 Donating blood or unintentional vomiting do not break the fast

Narrated Aboo Hurayrah (may Allaah be pleased with him): The Prophet (peace be upon him) said: “Whoever cannot help vomiting does not have to make up the fast, but whoever makes himself vomit deliberately, let him make it up.”[34]

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: “If a person vomits deliberately then it breaks the fast, but if he vomits unintentionally then it does not break the fast. The evidence for that is the hadeeth of Abu Hurayrah (may Allaah be pleased with him). If you could not help vomiting, then you did not break the fast.

If a person feels that his stomach is queasy and that its contents will be expelled, do we say that you have to try to stop it? No. Or that you have to make it happen? No. Rather we say: Take a middle approach – do not make yourself vomit and do not try to stop it, because if you make yourself vomit you will break the fast, but if you try to stop it, that will harm you. So leave it, and if it comes out without any action on your part, then it will not matter and that will not break your fast.”[35]


1.12 Taking nasal sprays do not break the fast, as they are not a form of eating [36]


1.13 Eating or drinking accidentally or out of forgetfulness does not break the fast.

Narrated Aboo Hurayrah (may Allaah be pleased with her): Allaahs Messenger (peace be upon him) said: “If anyone forgets that he is fasting and eats or drinks he should complete his fast, for it is only Allaah Who has fed him and given him drink.”[37]




1.14 Continuing the fast until the pre – dawn meal

Narrated Aboo Saeed Al-Khudree (may Allaah be pleased with him): Allaah's Apostle (peace be upon him) said, “Do not fast continuously day and night (practise Al-Wisal) and if anyone of you intends to fast continuously day and night, he should continue till the Suhur time.” They said, “But you practise Al-Wisal, O Allahs Apostle!” The Prophet (peace be upon him) said, “I am not similar to you; during my sleep I have One Who makes me eat and drink.”[38]


And It is Only Allaah Who grants success. May Allaah Exalt the mention of His slave and Messenger Muhammad (peace be upon him), and render him, his household and companion safe from Evil.

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References:

‘Fasting In Ramadaan’, by Sheikh Saleem al – Hilaalee and ‘Alee ‘Abdul Hameed, al – Hidaayah Publishers, 1999
‘Islamic Studies Book 3’, by Dr. Abu Ameenah Bilal Philips, IIPH publishers, 2005
‘Ramadaan: Rules and Related Issues’, by Hafiz Salah – ud – Din Yusuf, Darussalam publishers, 199
www.islam-qa.com


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[1] ‘Fasting in Ramadaan’, p. 46


[2] Requiring a bath due to sexual intercourse.


[3] ‘Ramadaan: Rules and Related Issues’, p. 18


[4] (Agreed Upon); Saheeh Bukhaari, Volume 3, Book 31, Number 148; Saheeh Muslim, Book 006, Number 2452


[5] (Agreed Upon); Saheeh Bukhaari, Volume 2, Book 13, Number 12; Saheeh Muslim, Book 002, Number 0487


[6] This is the view of Imam Bukhaari, Ibn Khuzaymah and others. Refer to Fathul – Baaree, 4/158; Saheeh ibn Khuzaymah, 3/247; and Sharhus – Sunnah, 6/289; as quoted in ‘Fasting in Ramadaan’, p. 46 – 47


[7] ‘Ramadaan: Rules and Related Issues’, p. 18


[8] ‘Islamic Studies Book 3’, p. 195


[9] Al-Sharh al-Mumti’ by Ibn ‘Uthaymeen, 6/407, 408; as quoted in http://www.islam-qa.com/en/ref/13619


[10] ‘The Concise Presentation of the Fiqh’, p. 271 - 272


[11] The Noble Qur’aan, Soorah Maryam 19:64


[12] Sunan at – Tirmithee, 3/146; Ahmad, 4/32; Sunan Aboo Daawood, 2/308; Sunan an – Nasaa’ee, Number 87; Sunan Ibn Maajah, Number 408; Ibn Aboo Shaybah, 3/101, Its Isnaad is Saheeh as quoted in ‘Fasting in Ramadaan’, p. 47; Classed as Saheeh by Sheikh al – Albaanee in Saheeh Sunan at – Tirmithee, Number 631; as quoted in http://www.islam-qa.com/en/ref/14065; See Saheeh Sunan Aboo Daawood, Number 129 and 131; as quoted in ‘The Concise Presentation of the Fiqh’, p. 270


[13] ‘Ramadaan: Rules and Related Issues’, p. 19


[14] ‘Ruling on rinsing the mouth whilst fasting’, http://www.islam-qa.com/en/ref/14065


[15] ‘Islamic Studies Book 3’, p. 195


[16] Sunan Aboo Daawood, Number 2037; Classed as Saheeh by Sheikh al – Albaanee in Saheeh Sunan Aboo Daawood, Number 2089; as quoted in http://www.islam-qa.com/en/ref/14065


[17] (Agreed Upon); Saheeh Bukhaari, Volume 3, Book 31, Number 149; Saheeh Muslim, Book 006, Number 2439


[18] ‘Ramadaan: Rules and Related Issues’, p. 19 - 20


[19] ‘Ramadaan: Rules and Related Issues’, p. 20


[20] Sunan Aboo Daawood, Number 2367; Sunan Ibn Maajah, Number 1676; Classed as Saheeh by Sheikh al – Albaanee in Saheeh Aboo Daawood, Number 2047; as quoted in http://www.islam-qa.com/en/ref/12610/


[21] Saheeh Bukhaari, Volume 3, Book 31, Number 159; see: Naasikhul – Hadeeth wa Mansookhuhu of ibn Shaaheen, p. 334 – 338; as quoted in as quoted in ‘Fasting in Ramadaan’, p. 48


[22] Refer to Tayseer Mustalahil Hadeeth by Mahmood at – Tahhan http://www.sultan.org/books/Mustalah.pdf


[23] ‘The Concise Presentation of the Fiqh’, p. 270


[24] Saheeh Bukhaari, Volume 3, Book 31, Number 161


[25] ‘Ramadaan: Rules and Related Issues’, p. 20


[26] Imam Bukhaari reported it in a mu’allaq form  (disconnected form – where the scholar of hadith does not quote his immediate authority), 4/154; and connected by Ibn Aboo Shaybah, 3/17 and al – Bayhaqee, 4/261; classed as Hassan – see Taghleequt – Ta’leeq, 3/151 – 152; as quoted in ‘Fasting in Ramadaan’ p. 47


[27] Ramadaan: Rules and Related Issues, p. 20


[28] A black substance applied to the rims of the eyelids


[29] Fathul – Baaree, 4/153; See Mukhtasar Saheehil – Bukhaari, Number 451 of our Sheikh al – Albaani and Taghleequt – Ta’leeq, 3/152 -153; as quoted in ‘Fasting in Ramadaan’ p. 49


[30] ‘Islamic Studies Book 3’, p. 196


[31] Reported by Ahmad, 5/376, 380, 408 and 430; Sunan Aboo Daawood, Number 2365; Classed Saheeh  in ‘Fasting in Ramadaan’ p. 49; See Saheeh Sunan Aboo Daawood, Number 2072; as quoted in ‘The Concise Presentation of the Fiqh’, p. 270


[32] ‘It is permissible for the fasting person to take a bath’, http://www.islam-qa.com/en/ref/38907/


[33] Saheeh Bukhaari, Volume 3, Book 31, Number 154


[34] Sunan at – Tirmithee, Number 720; Sunan Ibn Maajah; Sunan Aboo Daawood, Number 2380; Sunan an – Nasaa’ee; Classed as Saheeh by Sheikh al – Albaanee in Saheeh Sunan at – Tirmithee, Number 577; as quoted in http://www.islam-qa.com/en/ref/38023/


[35] ‘Fataawa al-Siyaam’, p. 231; as quoted in http://www.islam-qa.com/en/ref/95296


[36] ‘Islamic Studies Book 3’, p. 195


[37] Saheeh Muslim, Book 006, Number 2575; Also see Saheeh Bukhaari, Volume 3, Book 31, Number 154


[38] Saheeh Bukhaari, Volume 3, Book 31, Number 188


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