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Monday, July 8, 2013

Dought & clear - He works as a bus driver; is it permissible for him not to fast?.

Is it permissible for me not to fast in Ramadan because I work as a bus driver?
Praise be to Allah.
Fasting Ramadan is obligatory for every Muslim who is an adult, of
sound mind, not travelling and in good health. If he is sick or is
travelling, it is permissible for him not to fast, because Allah, may
He be exalted, says (interpretation of the meaning):
"O you who believe! Observing As-Sawm (the fasting) is prescribed for
you as it was prescribed for those before you, that you may become
Al-Muttaqoon (the pious).
(Observing Sawm (fasts))for a fixed number of days, but if any of you
is ill or on a journey, the same number (should bemade up) from other
days"
[al-Baqarah 2:183-184].
Based on that, if your work means that you have to travel in the bus
to a place that is at the distance at which it becomes permissible to
shorten the prayers, which is approximately eighty kilometers, then it
is permissible for you not to fast whilst travelling, and you can make
up the days when you did not fast after Ramadan is over, at times when
it is easy to make them up, such as winter days.
If your work is inside thecity limits, then you mustfast and it is
haraam to break the fast, unless you experience severe hardship on
some day, in which case you may break the fast (by eatingor drinking)
whatever will ward off that hardship, then refrain from eating and
drinking for the rest of that day, and make it up later on. That is
because of the general meaning of the evidence which indicates that it
is obligatory to protect oneself from death, to relieve hardship and
notto take on more than one is able to bear.
It says in Sharh Muntaha al-Iraadaat, 1/478: If a person's work is
(physically) hard and he will be harmed by not working, and he fears
harm, he may break the fast and make it up later.That was stated by
al-Aajurri. End quote.
In al-Mawsoo'ah al-Fiqhiyyah (28/57) it says: The Hanafis say thatin
the case of the craftsman who needs to earn his living, such as a
baker or harvester, If he knows that if he works at his craft it will
cause him harm that makes it permissible for him to break the fast, it
is haraam for him to breakthe fast before encountering hardship. End
quote.
It says in Fataawa al-Lajnah ad-Daa'imah, 10/233: It is not
permissible for one who is accountable to break the fast during the
day in Ramadan just becausehe is working; but if he encounters severe
hardship that forces him to break the fast during the day, then he may
break the fast (by eatingor drinking) whatever will ward off hardship,
then he should refrain from eating and drinking until sunset and break
the fast with the people, then make up that day on which he broke the
fast. End quote.
If you know that you willnot be able to combine fasting and work, then
what you must do is lookfor another job, or take a leave of absence
from work so that you will be able to perform this important pillar of
Islam.
The Standing Committee for Issuing Fatwas was asked: What is the
Islamic ruling on the case of workers who aredoing physically hard
work, especially during the summer months? I can give you the example
of those who are working with smelting furnaces duringthe summer?
They replied:
It is well-known in Islam that fasting the month of Ramadan is
obligatoryfor everyone who is accountable and it is oneof the pillars
of Islam. Everyone who is accountable must strive to fast this month
in fulfilment of what Allah has enjoined upon him, in the hope of
earning His reward and fearing His punishment, without forgetting his
share of this world and without preferring worldly matters to the
Hereafter.If fulfilling what Allah has enjoined upon him of acts of
worship conflicts with his worldlywork, he has to try to find room for
both so that he will be able to dothem both. In the case given as an
example in the question, he should make the night the time for his
worldly work. If that is not possible, then he may take a leave of
absence from his work during the month of Ramadan, even if that is
without pay. If that is not possible, he should look for another job
in which he will be able to combine both duties andhis worldly
concerns willnot affect his striving forthe Hereafter. There are many
kinds of work and ways of earning money; it is not limited just to
this kind of difficult work. The Muslim will never be without ways of
earning a permissible income whilst at the same time being able to do
the acts of worship that Allah has enjoined upon him, by Allah's
leave.
"And whosoever fears Allah and keeps his duty to Him, He will make a
way for him to get out (from every difficulty).
3. And He will provide him from (sources) he never could imagine. And
whosoever puts his trust in Allah, then He will suffice him. Verily,
Allah will accomplish his purpose. Indeed Allah has set a measure for
all things"
[al-Talaaq 65:2-3].
If we assume that he cannot find any work other than what has been
mentioned, which involves hardship, and he fears that he may be
subjected to unfair laws or required to do things that prevent him
from practising his religion and doing some of his religious duties,
then let him flee for the sake of his religion from that land to
another land where it will be easy for him to do what he needsto do
for both his religious and worldly interests, and let him cooperate
with the Muslims in righteousnessand piety, for Allah's earth is vast.
Allah, may He be exalted, says (interpretation of the meaning):
"He who emigrates (from his home) in the Cause of Allah, will find on
earth many dwelling places and plenty to live by"
[an-Nisa' 4:100]
"Say (O Muhammad SAW): 'O My slaves who believe (in the Oneness of
Allah Islamic Monotheism), fear your Lord (Allah) and keep your duty
to Him. Good is (the reward) for those who do good in this world, and
Allah's earth is spacious (so if you cannot worship Allah at a place,
then go to another)! Only those who are patient shall receive their
rewards in full, without reckoning'"
[az-Zumar 39:10].
If he is not able to do any of the above and he is compelled to do
something like that which is mentioned in the question of difficult
work, he should fast until he feels that it is beginning to get too
hard, then he may eat and drink enough to prevent that hardship, then
refrain from eating and drinking (for the rest of that day). And he
has to make up that fast on days when it is easy for him to fast. End
quote.
Fataawa al-Lajnah ad-Daa'imah, 10/234
And Allah knows best.

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