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Friday, July 4, 2014

Fasting, - Doupht&clear, - He works as a bus driver; is it permissible forhim not to fast?




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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 be made 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 the city limits, then you must fast 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 eating or 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 not to take on more than one is able to bear.
It says inSharh 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.
Inal-Mawsoo‘ah al-Fiqhiyyah(28/57) it says: The Hanafis say that in 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 break the fast before encountering hardship. End quote.
It says inFataawa 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 because he 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 eating or 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 will not be able to combine fasting and work, then what you must do is look for 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 are doing physically hard work, especially during the summer months? I can give you the example of those who are working with smelting furnaces during the summer?
They replied:
It is well-known in Islam that fasting the month of Ramadan is obligatory for everyone who is accountable and it is one of 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 worldly work, he has to try to find room for both so that he will be able to do them 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 and his worldly concerns will not affect his striving for the 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 needs to do for both his religious and worldly interests, and let him cooperate with the Muslims in righteousness and 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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Fasting, - Doupht&clear, - He did not fast because of sickness for which there is no hope of a cure, then he became able tofast




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I have suffered from chronic kidney failure for years. I used to fast without any problems until Ramadan 1431 AH, when I began to feel exhausted halfway through, and my health declined after that and the kidney failure began to get much worse. So I did not fast Ramadan in 1432 and 1433, and I paid the fidyah for not fasting, based on a fatwa from a famous Islamic website after I explained my situation to them. Please note that I did not consult a doctor about that. In 1434 I fasted Ramadan, praise be to Allah, because I had a great desire to fast after I found out that fasting is the best for my condition and to cleanse the body of toxins, which is the opposite of what I had understood previously.
Do I now have to make up the fasts of the two Ramadans (in 1432 and 1433) that I did not fast, or not? Please note that I am still sick and my condition worsens day after day.
Praise be to Allah
Firstly, we ask Allah, may He be exalted, to grant you good health and well-being. We advise you to be patient and seek reward with Allah, may He be exalted, and to be certain that whatever befalls you of trials only seems to be hard and difficult on the surface, but in reality by Allah’s leave it is something good.
The one who goes through hardship is not, before Allah, like one who is given well-being, and the one who is sick is not like the one who is healthy, if the one who is sick seeks reward with Allah and is patient, for all things happen by the decree of Allah, may He be glorified and exalted.
Moreover, the fact that you did not fast during those two years is something concerning which Allah has granted you a concession, and there is no blame on you for that, in sha Allah. Allah, may He be glorified and exalted, says (interpretation of the meaning):
“but if any of you is ill or on a journey, the same number (should be made up) from other days. And as for those who can fast with difficulty, (e.g. an old man, etc.), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)”
[al-Baqarah 2:184].
And it was narrated from ‘Ata’ that he heard Ibn ‘Abbaas say: (This means) those who find it very hard to fast must give a fidyah (ransom) of feeding a poor person (for every day). Ibn ‘Abbaas said: This has not been abrogated; it refers to the old man and the old woman who are not able to fast; for each day they must feed one poor person.
Narrated by al-Bukhaari (4505).
The fuqaha’ discussed a case similar to what you mentioned, which is that if a patient for whom it is thought that there is no hope of recovery, or a very old person, does not fast, then in subsequent years becomes able to fast because he has recovered or regained good health and the like, will the fidyah that he paid for previous fasts be acceptable, or must he make up the fasts? There are three views among the scholars:
~1~
The first view is that he does not have to make them up; rather the video is sufficient. This is the view of the Shafa‘i madhhab.
Imam ar-Ramli (may Allah have mercy on him) said:
Rather the person mentioned does not have to make up the fasts, if he becomes able to fast later on, because fasting was waived for him, and this requirement is not addressed to him, as is the more correct view inal-Majmoo‘, that originally it was the fidyah that was required of him as an alternative to fasting.
The author of al-Haashiyah commented on that by saying:
He does not have to make up the fasts; however he is still required to pay the fidyah.
End quote fromNihaayat al-Muhtaaj(3/193)
Ibn Hajar al-Haytami (may Allah have mercy on him) said:
If he becomes able to fast later on, he does not have to make it up, as the majority said.
End quote fromTuhfat al-Muhtaaj(3/440)
~2~
The second view is it is obligatory to make it up. This is the view of the Hanafis and some of the Shaafa‘is.
It says inRadd al-Muhtaar ‘ala ad-Durr al-Mukhtaar(2/427):
When he is able to fast, he must make it up, i.e. the old man who did not fast and paid the fidyah instead. End quote.
~3~
The third view is that it depends. If he recovers after having paid the fidyah, then he does not have to make it up. But if he becomes able to fast, and he has not paid the fidyah for what he missed in the past, then in this case he must fast. This is the view of the Hanbalis, and was confirmed by al-Baghawi among the Shaafa‘is.
Al-Bahooti (may Allah have mercy on him) said:
If he feeds the poor (as fidyah) then he becomes able to make up the fasts… He is not obliged to make them up; rather he has to feed the poor. This was stated inal-Mubdi‘. What this means is that if he recovers before feeding poor persons, then he has to make up the fasts.
End quote fromKashshaaf al-Qinaa‘(2/310).
It says inal-Majmoo‘by Imam an-Nawawi (6/261):
Then al-Baghawi said: If he becomes able to fast before paying the fidyah, then he must fast, but if he becomes able to fast after paying it, then it may be that the matter is like Hajj, because he was required to pay the fidyah on the basis that he thought that his excuse would remain permanently, then it turned out differently. End quote.
The view that seems most likely to be correct, in sha Allah, is the first view: that the fidyah is acceptable in place of the fasts that he did not observe because of that excuse, whether he paid it previously or has not yet paid it, and he does not have to make up the fasts. That is because the option of paying the fidyah was required of him at the time when he was suffering the chronic sickness, so he should not move from that to another option. Moreover, obliging him to make up what has passed would cause considerable hardship in some cases, and hardship would dictate moving to an easier option.
Shaykh Ibn Baaz (may Allah have mercy on him) was asked the following question:
There is a person who suffered from a chronic illness and the doctors advised him never to fast, but then he was treated doctors in another country and he recovered by Allah’s leave, i.e., five years later. Now five Ramadans have gone by during which he did not fast, so what should he do after Allah has healed him – should he make them up or not?
He replied:
If the doctors who advised him never to fast were trustworthy Muslim doctors who have knowledge of this type of sickness, and they told him that there was no hope of recovery for him, then he does not have to make up the fasts and it is sufficient for him to feed the poor instead, but he has to fast in the future.
End quote fromMajmoo‘ Fataawa Ibn Baaz(15/354).
See also fatwa no. 84203
To sum up: you do not have to make up the fasts that you missed during the years 1432-1433, even if you did not consult doctors at that time. It is well-known that kidney disease is a chronic disease and that fasting for a kidney patient usually causes harm and hardship. What matters is the experience of the patient himself. As for asking a doctor, the fuqaha’ do not regard that as necessary; rather they recommend the patient to consult a doctor as a precaution, lest fasting cause him harm.
Whatever the case, we advise you to consult doctors and ask them every time before fasting.
And Allah knows best.



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Fasting, - Doupht&clear, - She is breastfeeding two babies and is afraid that they will be harmed because of fasting




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I have twins who are five months old. They are not exclusively breastfed, because my milk is little; rather they are being bottle fed as well as breastfed. But I am afraid that my milk will be reduced because of fasting, and I will not be able to breastfeed them, so they will be weaned too early.
Is it permissible for me not to fast?
Praise be to Allah.
Firstly:
It is proven from the Messenger of Allah (blessings and peace of Allah be upon him) that he said: “Allah, may He be glorified and exalted, has relieved the traveller of half of the prayer, and He has relieved the traveller and pregnant and nursing mothers of the duty to fast.”
Narrated by Abu Dawood (2408), at-Tirmdhi (715), an-Nasaa’i (2275) and Ibn Majah (1667). Al-Albaani said inSaheeh Abi Dawood: It is hasan saheeh.
Although this hadeeth appears to be general in meaning and to apply to every pregnant woman and breastfeeding mother, it is restricted to cases where they fear harm to themselves or their babies.
It says inHaashiyat as-Sindi ‘ala Sunan Ibn Maajah(1/512): “pregnant women and breastfeeding mothers” i.e., if they fear harm to the foetus or nursing infant, or to themselves. End quote.
Al-Jassaas said inAhkaam al-Qur’an(1/244), after mentioning the words of the Prophet, “Allah, may He be glorified and exalted, has relieved the traveller of half of the prayer, and He has relieved the traveller and pregnant and nursing mothers of the duty to fast”:
It is well-known that the concession granted to them – i.e., the pregnant woman and breastfeeding mother – depends on whether there is the fear of harm to themselves or to their infants.
He also said (1/252):
It is very possible that the pregnant woman or breastfeeding mother, or their babies, may be harmed by fasting. Whichever is the case, not fasting is better for them and fasting is not allowed for them. But if fasting will not cause any harm to them or their infants, then they must fast, and it is not permissible for them not to fast. End quote.
The scholars have mentioned this restriction in several texts. In fact it was narrated that the scholars were unanimously agreed upon it, as we have explained in detail in fatwa no. 66438.
Based on that:
If you fear that your babies will be harmed because of your fasting, due to the milk drying up or being reduced to an extent that will cause them harm, then in that case there is nothing wrong with you not fasting.
Similarly, if you fear that you yourself may be exhausted by breastfeeding whilst fasting to an extent greater than can be borne in such cases, or that you will be harmed by it, then in that case there is no blame on you if you do not fast.
But if it is thought most likely that fasting may cause a decrease in milk that will not adversely affect the babies, then in this case it is not permissible to not fast, especially since it is possible to make up for this slight decrease by bottlefeeding.
It says inal-Ummby ash-Shaafa‘i (2/113): If a pregnant woman fears for her child, then she may break the fast. The same applies if a breastfeeding mother will clearly be adversely affected with regard to her milk. But if the reduction is something bearable, then she should not break the fast. Fasting may exacerbate some problems, but that is usually within bearable limits; it usually leads to a decrease in the milk supply, but that is usually within bearable limits too. But if it goes beyond bearable limits, then the pregnant woman and breastfeeding mother may break the fast.
End quote.
Secondly:
If the breastfeeding mother fears for her child and therefore breaks the fast, the fuqaha’ differed as to what is required of her.
It says inal-Mawsoo‘ah al-Fiqhiyyah al-Kuwaitiyyah(32/69):
… They differed concerning the case of a pregnant or breastfeeding woman who breaks her fast out of fear for her child. The Shaafa‘is, according to their most prevalent view, the Hanbalis and Mujaahid are of the opinion that they have to make up the fast and feed one poor person for each day, because they come under the same heading as those mentioned in the verse (interpretation of the meaning):“And as for those who can fast with difficulty, (e.g. an old man, etc.), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)” [al-Baqarah 2:184]. The comment of Ibn ‘Abbaas (may Allah be pleased with him) on this verse has been quoted above.
Ibn Qudaamah said: That was also narrated from Ibn ‘Umar (may Allah be pleased with him) and no one among the Sahaabah (may Allah be pleased with them) differed from that. Moreover, it is breaking the fast because of being unable to fast for a physical reason, so expiation must be offered for it, as in the case of the old man (who cannot fast).
The Hanafis, ‘Ata’ ibn Abi Rabaah, al-Hasan, ad-Dahhaak, an-Nakha‘i, Sa‘eed ibn Jubayr, az-Zuhri, Rabee‘ah, al-Awzaa ‘i, ath-Thawri, Abu ‘Ubayd and Abu Thawr – and it is also one view among the Shaafa‘is – are of the view that they are not obliged to offer the fidyah (i.e., feeding the poor); rather that is mustahabb for them, because of the report narrated from the Prophet (blessings and peace of Allah be upon him), according to which he said: “Allah, may He be glorified and exalted, has relieved the traveller of half of the prayer, and He has relieved the traveller and pregnant and nursing mothers of the duty to fast.”
The Maalikis and al-Layth – and it is a third view among the Shaafa‘is – were of the view that the pregnant woman may break the fast and should make it up, but she is not required to pay the fidyah; the breastfeeding mother may break the fast and she should make it up and pay the fidyah, because the breastfeeding woman can give her child to someone else to breastfeed him, unlike the pregnant woman, because the pregnancy is part of the pregnant woman, so fear for the pregnancy is like fear for one of her limbs or body parts. Moreover, the pregnant woman breaks the fast for a reason that is within herself, so she is like the person who is sick, whereas the breastfeeding mother breaks the fast for a reason that is separate from her, so she must pay the fidyah.
Some of the earlier scholars – including Ibn ‘Umar, Ibn ‘Abbaas and Sa‘eed ibn Jubayr (may Allah be pleased with them) are of the view that they may break the fast and give food to the poor, but they do not have to make up the fast. End quote.
What is more likely to be correct – and Allah knows best – is that they (the pregnant woman and the breastfeeding mother) only have to make up the fasts.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked, as it says inFataawa as-Siyaam(p. 161):
If a pregnant woman or breastfeeding mother breaks the fast with no excuse, and she is physically strong and has energy, and will not be affected by fasting, what is the ruling on that? He replied:
It is not permissible for a pregnant woman or breastfeeding mother to break the fast during the day in Ramadan except with an excuse. If she breaks the fast with an excuse, then she must make up the fast, because Allah, may He be exalted, says concerning the sick person (interpretation of the meaning):“and whoever is ill or on a journey, the same number (of days which one did not observe Saum (fasts) must be made up) from other days” [al-Baqarah 2:185]. Pregnant and breastfeeding women come under the same heading as the sick person.
If their excuse is fear for the infant, then – according to some of the scholars – in addition to making up the fasts they must also feed one poor person for each day, giving wheat, rice, dates or some other staple food.
Some of the scholars said that they do not have to do anything other than making up the days in either case, because there is no evidence in the Qur’an or Sunnah for obliging them to feed the poor, and the basic principle is that a person is not obliged to do anything unless there is evidence to that effect. This is the view of Abu Haneefah (may Allah have mercy on him) and it is a strong view.
He (may Allah have mercy on him) was also asked (Fataawa as-Siyaam, p. 162) about a pregnant woman who fears for herself or her child, and breaks the fast; what is the ruling?
He replied:
Our response is that the pregnant woman must be in one of two situations:
the first is that she is active and strong, and faces no difficulty, and her foetus is not affected. Such a woman is obliged to fast, because she has no excuse not to fast.
In the second case, the pregnant woman is not able to fast, either because the pregnancy is difficult for her, or she is physically weak, or some other reason. In this case she may not fast, especially if fasting will harm her foetus; in that case it is obligatory for her to refrain from fasting. If she does not fast then she is like others who do not fast because of some excuse; she must make up the fasts when that excuse is no longer applicable in her case. When she has given birth, she must make up the fast after she becomes pure following the end of nifaas (postpartum bleeding). But sometimes the excuse of pregnancy may cease, but it is immediately followed by another excuse, which is the excuse of breastfeeding. The breastfeeding mother may need to eat and drink, especially during the long days of summer when it is very hot. She may need to break the fast in order to be able to nourish her baby with her milk. In this case too we say to her: Break the fast, and when that excuse is no longer applicable to you, you should make up the fasts that you missed.
Shaykh Ibn Baaz (may Allah have mercy on him) said inMajmoo‘ al-Fataawa(15/224):
With regard to the pregnant woman and breastfeeding mother, it is proven from the Prophet (blessings and peace of Allah be upon him), in the hadeeth of Anas ibn Maalik al-Ka‘bi, as narrated by Ahmad and the authors of as-Sunan with a saheeh isnaad: He granted them a concession allowing them not to fast, and regarded them as being like the traveller. Thus it is known that they may break the fast and make it up later on, like the traveller. The scholars stated that they do not have the right to break the fast unless fasting is too difficult for them, as in the case of one who is sick, or they fear for their infants. And Allah knows best.


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