Between man and wife, Doubt & clear, - * Being intimate with one's wife when fasting without having intercourse

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I am a young man and got married during the month of Ramadan. When my wife has her period, she asks me to masturbate her with my hand when I am fasting. Is this permissible, so long as I avoid touching the menstrual blood which is naajis (impure)?
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Praise be to Allah
Firstly:
If the wife is menstruating, she does not have the right to be masturbated by her husband’s hand, because that involves touching the impurity, unless that is done from behind a barrier.
Please see the answer to question no. 152885
If the husband is safe from touching the impurity, then there is nothing wrong with it.
Secondly:
There is nothing wrong with the husband kissing his wife, touching her and being intimate with her, without having intercourse, when he is fasting, because the Prophet (blessings and peace of Allah be upon him) used to kiss his wife when he was fasting, and he used to touch his wife when he was fasting. But if he fears that he may end up doing that which Allah has prohibited to him, because he is easily aroused, then it is makrooh for him to do that. If he ejaculates, then he must refrain from eating and so on for the rest of the day, and he must make up that day’s fast. As for madhiy, that does not invalidate the fast.
It is permissible for a man to enjoy intimacy with his wife when he is fasting, so long as he does not have intercourse or ejaculate.
Please see the answers to questions no. 49614and 14315
If you are confident that you can avoid touching the impurity, and there is no fear that you will have intercourse with your wife or ejaculate without having intercourse with her, whilst you are fasting, then there is nothing wrong with you doing that.
Thirdly:
What should be done – indeed must be done – in the case of someone like you, a young man who is recently married, is delay that until night-time, because the ability of a young man to control himself or control his desire is limited, and matters are very likely to get out of hand, in which case you would end up doing something that is prohibited and you would render your act of worship invalid.
Therefore, when the Mother of the Believers ‘Aa’ishah (may Allah be pleased with her) narrated that the Messenger of Allah (blessings and peace of Allah be upon him) used to kiss his wives and touch them when he was fasting, she followed that with a statement that there was no fear in the case of the Prophet (blessings and peace of Allah be upon him) that matters would get out of hand or that he would do that which is prohibited.
Al-Bukhaari (1826) and Muslim (1106) narrated that ‘Aa’ishah (may Allah be pleased with her) said: The Messenger of Allah (blessings and peace of Allah be upon him) used to kiss and touch (his wife) when he was fasting, but he was the most able of you to control his desire.
An-Nawawi (may Allah have mercy on him) said:
Ash-Shaafa‘i and his companions said: Kissing one’s wife when fasting is not prohibited for one whose desire will not be provoked, but it is better for him not to do that. But it cannot be said that it is makrooh for him; rather they said that it is contrary to that which is preferable in his case, even though it is proven that the Prophet (blessings and peace of Allah be upon him) used to do that, because in his case (blessings and peace of Allah be upon him) there was certainty that he would not go beyond the limit of kissing, whereas in the case of others there is the fear that he will go beyond that limit, as ‘Aa’ishah said: “but he was the most able of you to control his desire.”
In the case of one whose desire will be provoked, it is haraam for him, according to the more correct view of our companions. And it was said that it is makrooh. al-Qaadi said: A number of the Sahaabah and Taabi‘een, and Ahmad, Ishaaq and Dawood, stated that it is permissible for one who is fasting in all cases. Maalik regarded it as makrooh in all cases. Ibn ‘Abbaas, Abu Haneefah, ath-Thawri, al-Awzaa‘i and ash-Shaafa‘i said it is makrooh for a young man but not for an old man. This was also narrated from Maalik. Ibn Wahb narrated from Maalik (may Allah have mercy on him) that he regarded it as permissible during a supererogatory fast but not during an obligatory fast.
There is no difference of opinion concerning the fact that it does not invalidate the fast unless the individual emits maniy as a result of kissing.
End quote fromSharh Muslimby an-Nawawi
Al-Haafiz Ibn Hajar (may Allah have mercy on him) said:
That is indicated by the fact that it is permissible for the one who can control himself, but not for the one who is not certain that he will not fall into that which is prohibited.
End quote fromFath al-Baari.
Moreover, the concession allowing intimacy with a wife who is menstruating is also limited by the condition that the husband be confident that he will not fall into that which is not allowed or that which Allah has prohibited:
Al-Bukhaari narrated in hisSaheeh(296) that ‘Aa’ishah (may Allah be pleased with her) said: When one of us was menstruating, if the Messenger of Allah (blessings and peace of Allah be upon him) wanted to be intimate with her, he would tell her to wrap something around her waist, then he would be intimate with her.
She said: and who among you can control his desire as the Prophet (blessings and peace of Allah be upon him) used to control his desire?
The practice of the Prophet (blessings and peace of Allah be upon him), as reported in the hadith of ‘Aa’ishah mentioned above, and similar reports, was to be intimate with his wife from above the waist wrapper that she tied around herself, which is something that covers the area between the navel and the knee, or from above something that covered her private part, if the period had gone on for a long time and the bleeding had become less.
In fact a number of scholars are of the view that it is haraam to be intimate with a menstruating woman involving the area between the navel and the knee, except from above the waist wrapper. This is the well-known view narrated from Maalik, Abu Haneefah and ash-Shaafa‘i.
See:Fath al-Baariby Ibn Rajab (2/27 ff)
And Allah knows best.

Issues of fasting, Doubt & clear, - * What is meant by the setting of the sun that makes it permissible to break the fast?

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If a person lives in the city where there are tall buildings, should he break the fast when the sun disappears from his view, or wait until it begins to get dark?
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Praise be to Allah
Firstly:
Islamic teaching has stipulated a clear sign for the end of the fast and the beginning of breaking the fast, which is the setting of the sun below the horizon.
Once the sun sets, it is permissible for the fasting person to break his fast, because Allah, may He be exalted, says (interpretation of the meaning):
“then complete your Saum (fast) till the nightfall”
[al-Baqarah 2:187].
The night begins when the sun sets, as has been explained previously in the answer to question no. 110407.
The Prophet (blessings and peace of Allah be upon him) said: “When the night comes from here [i.e., the east] and the day departs from here [i.e., the west] and the sun sets, then the fasting person may break his fast.” Narrated by al-Bukhaari (1954) and Muslim (1100)
An-Nawawi (may Allah have mercy on him) said: The fast ends and is completed with the setting of the sun, according to the consensus of the Muslims.
End quote fromal-Majmoo‘ Sharh al-Muhadhdhab(6/304)
Ibn ‘Abd al-Barr said: The day during which the fast must be observed lasts from the break of dawn until the setting of the sun. There is consensus among the Muslim scholars on this point.
End quote fromat-Tamheed(10/62)
What is meant by sunset is the complete disappearance of the disc of the sun; no attention is to be paid to the red afterglow that remains on the horizon. Once the entire disc has disappeared, then it has become permissible to break the fast.
Al-Haafiz Ibn Rajab said: This hadith indicates that the mere disappearance of the sun’s disc means that the time for Maghrib prayer has begun, and the fasting person may break his fast at that point. This is the consensus of the scholars, as was narrated by Ibn al-Mundhir and others.
Our companions, the Shaafa‘is and others said: No attention is to be paid to the deep red afterglow that remains in the sky after the disc of the sun has disappeared from view.
End quote fromFath al-Baari(4/352)
Shaykh al-Islam Ibn Taymiyah said:
When the disc of the sun has disappeared, at that point the fasting person may break his fast, and the time when offering supererogatory prayers is disallowed has come to an end. The deep red afterglow that may remain on the horizon does not affect any rulings at all.
End quote fromSharh ‘Umdat al-Fiqh(p. 169)
An-Nawawi said:
No attention is to be paid to the rays that remain after the sun has set completely; rather the time (for Maghrib prayer) has begun even though the rays remain.
End quote fromMajmoo‘ Sharh al-Muhadhdhab(3/29)
Secondly:
If a person is fasting at the time of sunset, one of two scenarios must be applicable:
1. Either he is in a place where it is possible to see the setting of the sun below the horizon, such as if he is in the desert or open ground, or on a mountaintop, or in an elevated place where it is possible to see the sun when it disappears below the horizon.
In this case, he should break his fast when the entire disc of the sun has disappeared.
An-Nawawi said:
What matters is the disappearance of the entire disc of the sun, which is what is seen clearly in the desert.
End quote fromal-Majmoo‘(3/29)
2. Or he is in a place where he cannot see the setting of the sun below the horizon – either because he lives in a city where buildings prevent him from seeing the horizon, or because he is in a low-lying place such as a valley, or because there are mountains preventing him from seeing the sun, and so on.
In this case it is not permissible for him to break his fast as soon as the sun disappears from his sight, because it may disappear from his sight before it has actually set, as it has disappeared behind the buildings. In this case he can determine whether it has set by noting the disappearance of its rays on high walls, or by the coming of night from the east – if it is possible to see that. What is meant by the coming of night is the appearance of the darkness of night in the sky from the east; it does not mean the spread of darkness across the entire sky, which occurs some time after sunset.
An-Nawawi said:
In the case of built-up or mountainous areas, what matters is that none of the sun’s rays should be visible on the walls or mountain tops, and darkness should be approaching from the east.
End quote fromal-Majmoo‘(3/29)
It says inal-Fawaakih ad-Dawaani(1/168): What the author mentions about the time of Maghrib being when the sun sets is applicable in the case of those who live on mountaintops or in the wilderness.
As for those who live behind the mountains, they should not rely on the disappearance from view of the sun; rather they should rely on the coming of the darkness from the east – when it appears, that is a sign that the sun has set, so they may pray (Maghrib) and break their fast. End quote.
Ibn Daqeeq al-‘Eid said:
Locations vary – in some places there may be something that prevents a person from seeing the disc of the sun, and in that case it is not sufficient to note that the disc has disappeared from view. Such a person should note as the sign of its having set the appearance of the night from the east.
End quote fromIhkaam al-Ahkaam(1/166)
Al-Hattaab said:
The time of Maghrib is when the disc of the sun disappears in a place in which there are no mountains. As for places in which the sun sets behind mountains, one should look towards the east, and when darkness appears, that is an indication that the sun has set.
End quote fromMawaahib al-Jaleel(1/392)
This is indicated by the hadith quoted above: “When the night comes from here [i.e., the east] and the day departs from here [i.e., the west] and the sun sets, then the fasting person may break his fast.”
Al-Qurtubi said: One of these things implies the other, because the night does not come except when the day departs, and the day does not depart except when the sun sets. But it may be the case that one may not be able to see the sun set with one’s own eyes, but he does see the emergence of darkness, so that he may be certain that the sun has set. At that time it becomes permissible to break the fast.
End quote fromIkmaal al-Mu‘allim(4/35)
An-Nawawi (may Allah have mercy on him) said:
The scholars said: Each one of these three implies the other two. They are only mentioned together because a person may be in a valley and the like, where he cannot see the setting of the sun, so he has to rely on the coming of darkness and the departure of daylight.
End quote fromSharh Saheeh Muslim(7/209)
Ibn Daqeeq al-‘Eid said:
The coming [of darkness] and the departure [of daylight] are interconnected; what I mean is the coming of night and the departure of day.
One of them may be clearer to the eye in some locations, so that which is visible should be taken as proving that which is hidden, such as if there is something towards the west that prevents one from seeing sunset, but the east is open and clear, so one should assume from the onset of night that the sun has set.
End quote fromIhkaam al-Ahkaam(2/27)
Based on that:
It is not permissible for those who live in cities and places in which there is anything that prevents seeing the horizon to break the fast as soon as the sun disappears from view. Rather it is essential to ascertain that the disc of the sun has set below the horizon.
In most cases, it is not possible to observe the sunset in cities, because of the presence of buildings and street lights. Most of the Muslims nowadays rely on timetables, and there is nothing wrong with that, if the organisation that produces them is trustworthy and respected.
And Allah knows best.













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