Ramadan File, Dought & clear, - * Fasting person using the siwaak and swallowing his saliva afterwards.

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What is the ruling on using the siwaak during the day in Ramadaan? Is it permissible to swallow the saliva after using the siwaak?.
Praise be to Allaah.
It is mustahabb to use the siwaak at all times, when fasting and when not fasting, at the beginning of the day and at the end. The evidence for that is as follows:
1 – al-Bukhaari (887) narrated from Abu Hurayrah (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “Were it not that it would cause hardship to my ummah, I would have commanded them to use the siwaak for every prayer.”
2 – al-Nasaa’i narrated from ‘Aa’ishah (may Allaah be pleased with her) that the Prophet (peace and blessings of Allaah be upon him) said: “The siwaak purifies the mouth and is pleasing to the Lord.” Narrated by al-Nasaa’i, 5; classed as saheeh by al-Albaani inSaheeh al-Nasaa’i, 5.
These ahaadeeth indicate that it is mustahabb to use the siwaak at all times, and the Prophet (peace and blessings of Allaah be upon him) did not make an exception in the case of one who is fasting, rather the general meaning of the hadeeth includes both those who are fasting and those who are not fasting.
It is permissible to swallow the saliva after using the siwaak, but if anything comes out of the siwaak in the mouth, you should spit it out and then swallow the saliva, just as the fasting person is allowed to do wudoo’, then he should spit out the water from his mouth and then swallow his saliva. He does not have to dry his mouth completely from the water used for rinsing.
Al-Nawawi said inal-Majmoo’(6/327):
Al-Mutawalli and others said: When the fasting person rinses his mouth, he has to spit out the water; he does not have to dry out his mouth using a cloth or the like. There is no difference of scholarly opinion on this point.
Al-Bukhaari (may Allaah have mercy on him) said:
Chapter: Using fresh or dry siwaak for one who is fasting … Abu Hurayrah said, narrating from the Prophet (peace and blessings of Allaah be upon him): “Were it not that it would cause hardship for my ummah, I would have commanded them to use the siwaak for every wudoo’.” Al-Bukhaari said: There is no difference between one who is fasting and one who is not. ‘Aa’ishah said, narrating from the Prophet (peace and blessings of Allaah be upon him): “The siwaak purifies the mouth and is pleasing to the Lord.” ‘Ata’ and Qutaadah said: he may swallow his saliva.
Al-Haafiz said inal-Fath:
By using this title, he refuted those who say that it is makrooh for a fasting person to use a fresh siwaak. This was preceded by Ibn Sireen’s likening the fresh siwaak to the water used for rinsing the mouth (in wudoo’).
“There is no difference between one who is fasting and one who is not” means also that there is no difference between fresh and dry. By stating this it becomes clear that everything narrated in this chapter fits the title. This is all summed up in the hadeeth of Abu Hurayrah, “Were it not that it would cause hardship for my ummah, I would have commanded them to use the siwaak for every wudoo’.” This implies that it is permissible at all times and in all situations.
“‘Ata’ and Qutaadah said: he may swallow his saliva.” This comment suits the title in the sense that the worst thing that may be feared from using a wet siwaak is that something may come out of it in the mouth. This is like the water used for rinsing the mouth; if the person spits it out from his mouth, it does not matter after that if he swallows his saliva.
Shaykh Ibn ‘Uthaymeen said:
The correct view is that use of the siwaak by one who is fasting is Sunnah at the beginning and at the end of the day.Fataawa Arkaan al-Islam, p. 468
The siwaak is Sunnah for one who is fasting throughout the day, even if it is fresh. If a person uses the siwaak whilst fasting and finds that he can taste it, and he swallows it or spits it out from his mouth and there is saliva on it, then he swallows it, that does not affect him.Al-Fataawa al-Sa’diyyah, 245.
He should avoid that which contains something that could come out of it, such as the fresh siwaak and those which have added flavours that come out, such as lemon and mint. He should spit out anything that breaks off in the mouth, and it is not permissible to swallow it deliberately, but if he swallows it accidentally it does not matter.
FromSab’oona Mas’alah fi’l-Siyaam(Seventy Issues Related to Fasting).
And Allaah knows best.

- PUBLISHERNajimudeeN M

Ramadan File, Dought & clear, - * It is not permissible to delay zakaah until Ramadaan.

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The zakaah for my wealth will fall due before the month of Ramadaan. Is it permissible for me to delay it until Ramadaan because paying zakaah in Ramadaan is better?.
Praise be to Allaah.
If the hijri year has passed on wealth that meets the nisaab (threshold for zakaah), it is obligatory to pay zakaah immediately; it is not permissible to delay it after it has become due if one is able to pay it.
Allaah says (interpretation of the meaning):
“And march forth [lit. hasten] in the way (which leads to) forgiveness from your Lord, and for Paradise as wide as the heavens and the earth, prepared for Al-Muttaqoon (the pious)”
[Aal ‘Imraan 3:133]
“Race with one another in hastening towards forgiveness from your Lord (Allaah), and Paradise the width whereof is as the width of the heaven and the earth, prepared for those who believe in Allaah and His Messengers”
[al-Hadeed 57:21]
Moreover, if a person delays that, he does not know what will happen to him. He may die leaving this obligation unfulfilled; fulfilling one's duty is obligatory.
Also the poor may be depending upon that, and if he delays it, the poor will remain needy and not have enough to meet their needs. Seeal-Sharh al-Mumti’, 6/197
The Standing Committee was asked about a man who possesses the nisaab in Rajab but wants to delay paying zakaah until Ramadaan. The committee replied:
It is obligatory for you to pay zakaah in Rajab in the year following the year in which you took possession of the nisaab. But if you want to pay it in Ramadaan of the year in which you took possession of the nisaab, paying it before the year has passed, that is permissible, if there is a valid need for it to be brought forward. But delaying it until the Ramadaan that comes after the year has passed and it has become due in Rajab is not permissible, because it is obligatory to pay it as soon as it becomes due.
Fataawa al-Lajnah, 9/392.
Whoever is obliged to pay zakaah and delays it with no valid shar’i excuse is sinning, because the evidence of the Qur’aan and Sunnah shows that zakaah must be paid as soon as it falls due.
According to another fatwa (9/398):
It is not permissible to delay paying zakaah after the year has passed, unless that is for a valid shar’i excuse, such as there being no poor people at the time when the year has passed, or not being able to get the zakaah to them, or because the money is not available, etc. But delaying it until Ramadaan is not permissible unless the period is very short, such as if the year will have passed in the second half of Sha’baan, in which case there is nothing wrong with delaying it until Ramadaan.

- PUBLISHERNajimudeeN M

Ramadan File, Dought & clear, - * For whom is fasting Ramadaan obligatory?.

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For whom is fasting Ramadaan obligatory?
Praise be to Allaah.
Fasting is obligatory for a person if he fulfils five conditions:
1- He is a Muslim
2- He is accountable (mukallaf)
3- He is able to fast
4- He is settled (not travelling)
5- There are no impediments to fasting
If these five conditions are met, then it is obligatory for a person to fast.
Kaafirs are excluded from the first condition. The kaafir is not obliged to fast and his fast is not valid. If he becomes Muslim he is not obliged to make up fasts from before.
The evidence for that is the verse in which Allaah says (interpretation of the meaning):
“And nothing prevents their contributions from being accepted from them except that they disbelieved in Allaah and in His Messenger (Muhammad) and that they came not to As-Salaah (the prayer) except in a lazy state, and that they offer not contributions but unwillingly”
[al-Tawbah 9:54]
If the contribution is not acceptable even though it benefits others, because of their kufr, then other acts of worship may be even more unacceptable.
He does not have to make up fasts if he becomes Muslim because Allaah says (interpretation of the meaning):
“Say to those who have disbelieved, if they cease (from disbelief), their past will be forgiven”
[al-Anfaal 8:38]
And it was proven in mutawaatir reports that the Messenger (peace and blessings of Allaah be upon him) did not tell those who became Muslim to make up the obligatory duties that they had missed.
Will the kaafir be punished in the Hereafter for not fasting if he did not become Muslim?
The answer is:
Yes, he will be punished for not fasting, and for not doing any other obligatory duties, because if the Muslim who obeyed Allaah and adhered to His laws will be punished for that, then it is more apt that he (the kaafir) should be punished. If the kaafir is to be punished for the blessings of Allaah that he enjoyed, such as food, drink and clothing, then it is more appropriate that he will be punished for doing haraam actions and not doing obligatory duties. This is by way of analogy.
With regard to the texts, Allaah says that those on the Right (i.e., the believers) will say to the disbelievers:
“ ‘What has caused you to enter Hell?’
They will say: ‘We were not of those who used to offer the Salaah (prayers),
Nor used we to feed Al-Miskeen (the poor);
And we used to talk falsehood (all that which Allaah hated) with vain talkers.
And we used to belie the Day of Recompense’”
[al-Muddaththir 74:42]
These four things are what will cause them to enter Hell.
“We were not of those who used to offer the Salaah (prayers)” means they did not pray; “Nor used we to feed Al-Miskeen (the poor)” means they did not pay zakaah; “And we used to talk falsehood (all that which Allaah hated) with vain talkers” means things like mocking the verses of Allaah; “And we used to belie the Day of Recompense.”
The second condition:
He should be accountable (mukallaf). The one who is mukallaf is one who is has reached the age of puberty and is of sound mind, because a minor or one who is insane is not accountable. Puberty is reached when one of the three signs is noticed – see question no. 20475.
The one who is of sound mind is the opposite of one is insane, which is one who has lost his mind, whether he is insane or feeble-minded. Everyone who has lost his mind, in whatever sense, is not accountable and he is not obliged to do any of the obligatory duties of Islam, be it prayer, fasting or feeding the poor; he does not have to do anything at all.
The third condition:
Being able to fast. The one who is unable to fast does not have to fast, because Allaah says (interpretation of the meaning):
“and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”
[al-Baqarah 2:185]
But being unable to fast falls into two categories: temporary inability and permanent inability.
Temporary inability is that which is mentioned in the verse quoted above, such as one who is sick but hopes to recover, and the traveller. These people are allowed not to fast, then they have to make up what they missed.
Those who are permanently unable to fast, such as one who is sick and has no hope of recovery, or those who are elderly and are unable to fast, are mentioned in the verse (interpretation of the meaning):
“And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed aMiskeen (poor person) (for every day)”
[al-Baqarah 2:184]
As Ibn ‘Abbaas (may Allaah be pleased with him) interpreted it, it refers to the old man and old woman who are not able to fast, so they should feed one poor person for each day.
The fourth condition:
He should be settled (not travelling). If he is travelling then it is not obligatory for him to fast, because Allaah says (interpretation of the meaning):
“and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”
[al-Baqarah 2:185]
The scholars are agreed that it is permissible for a traveller not to fast.
It is better for the traveller to do that which is easier. If fasting is likely to be harmful then it becomes haraam to fast, because Allaah says (interpretation of the meaning):
“And do not kill yourselves (nor kill one another). Surely, Allaah is Most Merciful to you”
[al-Nisa’ 4:29]
This indicates that whatever is harmful to a person is forbidden to him. See also question no. 20165.
If you ask, what is the degree of harm which makes fasting haraam?
The answer is:
Harm may be physical, or someone advises him that fasting may harm him. With regard to physical harm, that means that the sick person feels that fasting is harming him and causing him pain, and will delay his recovery and so on.
With regard to being advised, this means that a knowledgeable and trustworthy doctor tells him that it will harm him.
The fifth condition:
There should be no impediments. This applies specifically to women. Women who are menstruating or bleeding following childbirth should not fast, because the Prophet (peace and blessings of Allaah be upon him) said: “Is it not the case that when she gets her period, she does not pray or fast?”
So she should not fast and her fast is not valid in this case, according to scholarly consensus. And she has to make up the days missed, also according to scholarly consensus.
Al-Sharh al-Mumti’, 6/330.
And Allaah knows best.

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