Thursday, August 4, 2011

Month of Mercy (Part 3) by Abu Abdissalam

In this part, we will look at the basis of excuses from fasting in Ramadhan.

Allah SWT says, “ Whoever from among you is sick or on a journey, then these numbers of days should be made on other day. As for those who find it difficult, they should feed a poor person for each day". (2:184)

There are two types of excuse:-
1. Those who have temporary excuse
2. And those who have permanent excuse to not to fast in Ramadhan

1. Temporary Excuse –

I. The person is sick temporarily. There are 3 categories:

i. A person who is sick and fasting does not affect his illness at all.
For example, he got a small cut on his finger.In this scenario, it is not allowed to break one’s fast. It has no effects on the fasting. Other examples include a person having a light cold, sneeze a couple of time. Hence, it is not a valid reason of not fasting for them. They are not allowed to break the fast or refrain themselves from fasting.

ii. When the fasting will affect the illness and it will make the fasting difficult.
It doesn’t harm the person. It is allowed for him to break the fast and also it is better for him not to fast as it is difficult but it doesn’t harm him. Make it up when he’s better.

iii. An illness whereby the fasting will actually harms the person, such as severe diabetes. In this scenario, such that level diabetes could affect the person and harm him if he fasts. Hence in this scenario, it is haram for him to fast. Prophet SAW said, “There should be no harm(darar) nor reciprocating harm (dirar).” (Hadith An-Nawawi, no.32)

II. A traveler. There are 3 categories:-

i. A traveler has no effect on his fast. It is not difficult for him.
It is allowed to break his fast but it is better to fast. Why?

a. Prophet SAW did it. It was narrated that Abu’l-Darda’ (may Allaah be pleased with him) said: “We went out with the Messenger of Allaah (peace and blessings of Allaah be upon him) [on a journey] during the month of Ramadaan when it was intensely hot, until one of us would put his hand on his head because of the intense heat, and no one among us was fasting apart from the Messenger of Allaah SAW and ‘Abd-Allaah ibn Rawaahah.” (Narrated by al-Bukhaari, 1945; Muslim, no. 1122). They were fasting because it was easy for them.

b. Because he would have completed his obligation quicker. And he has no contract with Allah to say that he will live to be able to make up those fast. It is better for him to fast.

c.. He ends up fasting in the month of Ramadhan.

ii. If fasting will be difficult for him but it would not harm him on his journey.
For example when travelling in a desert and he’s feeling a bit of hot, or travelling from UK and USA and the time of fasting is elongated, in this scenario it’s better not to fast and make up your fast later.
Aisyah RA said, “The Prophet SAW was never given a choice between two matters except that he took the easier of the two as long as it is not a sin.” Narrated by al-Bukhaari (3560)

iii. It is extremely difficult for him and may harm him.
Hence it is haram for him to fast and he should break the fast immediately. For example when he is about to pass out when fasting.
There is one report narrated by Muslim from Jaabir ibn ‘Abd-Allaah (may Allaah be pleased with them), that the Prophet SAW went out to Makkah in the year of the Conquest in Ramadaan, and fasted until he reached Kuraa’ al-Ghameem. The people were fasting, but he called for a cup of water and lifted it up so that the people could see it, then he drank it. After that, he was told that some of the people had continued to fast. He said, “Those are the disobedient, those are the disobedient.”

When does a person become traveler?

Scholar differed in this issue as there is no scriptural evidence of where the Prophet SAW said to become a traveller. They differ in the technical definition (Shari'ah) of travelling. They would look at a particular journey that Prophet SAW have made, some people said it was 48 miles (75 km), other scholars said 3 miles (5-7 km). They used the hadith where the Prophet SAW was going from Madinah to Mekah and he stopped at Dzuhulaifah which is about 3 miles from Madinah and then he shortened his prayers.

Also, they differed about how long is a person a traveler. The stronger view seems to be that whenever the Quran and Sunnah use a word and then don’t define it, then we understand it according to the custom of the people. Why? Allah says in the Quran, وأمربٳلعرف   ”and command them with the custom of the people.”  (7:199) If everything has been defined in the Quran and the Sunnah then take it as precedence, but if it has not been defined in the Quran and Sunnah, then it goes back to what the people understand that was to mean. Meaning, to how the Arabs understood it and then according to the various customs of the people. The word journey (safar) was not defined specifically in the Quran and Sunnah, then Allah commands it to be according to the custom of the people as a whole as long it is not against the Shariah. For example, the Bedoin never had an odometer (to measure the distance) that he can determine whether he is a traveller or not.

What the Scholars say (Ibn Taymiyyah, etc) is that you know when you are a traveler, you don’t live at the place where you travel. Hence, you are a traveler. As long as a person is a traveler, he’s a traveler. Ibn Taymiyyah gave a guideline of how do you know when you are a traveller, i.e the journeys are four types: 1)A long distance and a long time. (From Malaysia to UK and stay there for a night at least). 2) A long distance and short time. (From KL to Melaka and then spend for 10 minutes there and comes back to KL). 3) A short distance for a long time (eg: 20 minutes drive (a different town/city) and stay there for a period of time). 4) A short distance, short time is not travelling. You have to pass the last house in the city to become a traveller.

The conditions that make one a traveler for him to be able to break his fast:

- A legal journey that follows the Shariah that is called Safar (in a journey).
- The traveler must not intend to settle there.
- The journey must not be for a simple purpose.

Other issues

- Ruling for somebody who travels primarily to break his fast? It is an unlawful journey.
- You are only allowed to break your fast after you leave the last house in that city.
- The reason for that ruling of you being able to break your fast is that you are a traveler.
- The fast is from beginning to the end.
- Women whose menstruating and she becomes pure in the middle of the day, she has to make up of that fasting.
- Modern jobs that requires travelling e.g pilots, drivers - then you can apply the concession everytime everyday as long as you leave the last house of your city. But if it is easier for you to fast, then you should fast.
- A person who breaks the fast for other people - will have to make up for the fast and feed a poor person.
- A person who breaks his fast for himself - will only have to make up for the fast.
- The pregnant and breastfeeding woman, if she fears that if she fast, it will harm the baby, then she can break her fast, she has to make up the fast and she also has to pay by feeding one poor person per day. Same goes to mother who breastfeeds.
- It is haram to fast for women who have menstruation and post natal bleeding.
- It is better to make up the fast of Ramadhan before making any voluntarily fasting as the obligation take precedence over voluntarily deeds and its quicker to fill the obligations.
- Menstruation.
   > If she has an irregular cycle, she would fast during that day, but she make up the fast.
   > She should remain from fasting from the normal cycle, but if she has irregular cycle, she should see the characteristic of the blood.
   > Defective bleeding – when they bleed for longer period than the actual period itself. She should look at the actual blood. If it’s like the menstrual blood, then don’t fast. But if its thin blood, then this is defective bleeding, hence you should still fast and pray.
   > Menstrual blood- it’s thicker, dark coloured and specific distinct and smell.
- Should women take tablets to stop period cycle for fasting or hajj. No. Why?
   > It is a Sunnah of the Sahabiah and Mothers of the Believers that they also went through this as it is how Allah has decreed it.
   > It is harmful to women, as it has long term side effects. It is allowed but it is dislike.
- Childbirth or miscarriage. For miscarriage, if it’s before 14 days, then it is defective bleeding, if after 14 days, it’s post natal bleeding, then don’t fast.

2. Permanent excuse -

Example of this is the old and fragile or terminally sick person who will never recovers from his sickness. The Scholars say, somebody who has an illness that doesn't recover, hence, he doesn’t need to fast. But he would feed for a person for every day that he misses. You can do it in one go. Anas bin Malik RA, he was over 100 years old, and he didn't fast; On the first night of Ramadhan, he fed 30 poor ppl and fed them dinner. Hence, you can do it in one go.

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