Between man and wife, Dought & clear, - * The one who engaged in foreplay with his wife until he ejaculated has to make up the fast but he does not have to offer expiation

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-I have a very urgent question pertaining to fasting in Ramadhan. I have read most of the general fatawa with respect to atonement for breaking the fast on purpose, etc. However my circumstance is unique and I need advice. This is very uncomfortable but here goes. During Ramadhan I was very sick and the doctor told me to break my fast and take medication which I did. The doctor instructed me to do so for 5 days and my wife insisted that I follow his instructions may Allah reward her. Anyhow during Ramadhan we engaged in some foreplay, which we have done before on a regular basis even during voluntary fasts that we try to do on a regular basis. It has never been a problem and I know my limits as does my wife. On the fourth day of illness I decided to fast but did not tell my wife as she would have argued that the doctor advised to finish the drugs in full. I was confident that Allah had returned my health and wanted to fast. So I did. That morning we engaged in foreplay and my wife did not stop either when I told her to. Unfortunately, she thought this was a game as we have played it before and continued. Then as I pushed her away the excitement overcame me and I ejaculated. As you can imagine I was shocked. As was my wife when I revealed I was fasting. So do I need to fast 60 days in a row? Or make up one day? Or does this fall under the Hadith of accidentally breaking ones fast as Allah is my witness that was not my intention? Please advise as soon as possible as we are going to hajj inshallah and want to remove this sin/burden from us. What should I do?.
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Praise be to Allaah.
You did well to break your fast when you were very sick, and you also did well to fast when you thought that you were able to, although it would have been better to consult the doctor. So long as you fasted that day and were not harmed by fasting, then you have to make up that day.
There is no reason why a man should not engage in foreplay with his wife when fasting, if he is confident that he will not spoil his fast or hers. But if he is not confident of that then it is not permissible for him to do it.
Al-‘Allaamah Mustafa al-Ruhaybaani said inMataalib Ooli al-Nuha(2/204): Things like kissing are also forbidden, such as embracing, touching, and repeatedly looking for one who thinks that he may ejaculate, and there is no scholarly difference of opinion on this point. End quote.
If you engaged in foreplay with your wife and felt confident that it would not spoil your fast, then there is no sin on you for this foreplay even if it did spoil your fast.
But if you thought that you would ejaculate, then you sinned by engaging in this foreplay, and you have to repent to Allaah.
With regard to fasting, the fast is spoiled in either case, because you ejaculated, whether you intended to break the fast or not. Shaykh Muhammad ibn ‘Uthaymeen (may Allaah have mercy on him) said: If he was intimate with his wife, whether by touching or kissing and so on (less than intercourse), then if he ejaculates his fast is invalidated, but if he does nor ejaculate then he does not break the fast thereby. End quote fromal-Sharh al-Mumti’(6/388).
You have to fast one day to make up for this day, but you do not have to offer any expiation. Al-Nawawi (may Allaah have mercy on him) said inal-Majmoo’(6/377); If he spoils his fast with something other than intercourse, such as eating, drinking, masturbating or foreplay that leads to ejaculation, then there is no expiation because the text speaks only of intercourse, and these things do not come under the same heading. End quote.
And Allaah knows best. -

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Issues of fasting, Dought & clear, - * She formed the intention to make up a missed Ramadan fast as the adhaan for Fajr began; is her fast valid?

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On one of the days when I wanted to make up a Ramadan fast, I formed the intention to fast as the adhaan for Fajr began, and I completed the fast. Is my fast valid?
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Praise be to Allah.
Firstly:
Having the intention from the night before is a condition for every obligatory fast, according to the more correct scholarly opinion, whether that is making up that missed fast or observing it on time. This is the view of the majority of scholars.
Ibn Qudaamah said: If it is an obligatory fast, such as a Ramadan fast being observed on time or being made up later, or a fast in fulfilment of a vow, or a fast offered in expiation, it is stipulated that the person should form the intention from the night before, according to our imam, and Maalik and ash-Shaafa‘i. Abu Haneefah said: It is acceptable for a Ramadan fast and any fast for a specific reason to form the intention from that day.
End quote fromal-Mughni(3/109)
The evidence for it being obligatory to form the intention from the night before is the report which was proven to be from the Prophet (blessings and peace of Allah be upon him), according to which he said: “Whoever does not decide to fast before dawn, his fast does not count.” Narrated by at-Tirmidhi (730) and classed as saheeh by al-Albaani inSaheeh at-Tirmidhi. At-Tirmidhi said, after quoting this hadith: What this means, according to the scholars, is that there is no fast for the one who does not decide to fast before dawn breaks, whether in Ramadan or when making up missed Ramadan fasts or when fasting in fulfilment of a vow. If he does not form the intention from the night before, then it does not count. As for voluntary fasts, it is permissible for him to form the intention after he gets up (in the morning). This is the view of ash-Shaafa‘i, Ahmad and Is-haaq. End quote.
Secondly:
The one who wants to observe an obligatory fast must form his intention before the true dawn breaks, as Allah, may He be exalted, says (interpretation of the meaning):
“and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night)”
[al-Baqarah 2:187].
So what counts is the break of dawn, not the adhaan. If a person is certain that the true dawn has broken, and he did not form the intention to fast, then his observance of an obligatory fast, whether he was doing it on time or was making it up, is not valid.
But if he is not certain that dawn has broken, then he may delay forming the intention until the last moment before dawn does break. The same applies if he knows that the mu’adhdhin gives the adhaan ahead of time, or he is not sure whether he gives the adhaan on time or ahead of time.
Please see the answer to question no. 66202
Thirdly:
Most mu’adhdhins nowadays rely on clocks and timetables, not on actually sighting the dawn, and this cannot be regarded as certainty that dawn has broken. So whoever eats or forms his intention at that time, his fast is valid, especially if he stops eating when the adhaan begins, as in the case asked about here, because he was not certain that dawn has broken.
Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) was asked: What is the Islamic ruling on the fast of someone who hears the adhaan of Fajr but carries on eating and drinking?
He replied: What is required of the believer is to refrain from things that break the fast – eating, drinking and so on – when it becomes clear to him that dawn has broken, if the fast is obligatory, such as in Ramadan, fasts observed in fulfilment of vows, and expiatory fasts, because Allah, may He be glorified and exalted, says (interpretation of the meaning):
“and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night)”
[al-Baqarah 2:187].
If he hears the adhaan and knows that the adhaan is usuall given at the time of dawn, then he must stop eating and drinking.
If the mu’adhdhin gives the ahdaan before dawn breaks, then he does not have to stop eating and drinking; it is permissible for him to eat and drink until it becomes clear to him that dawn has broken.
If he does not know whether the mu’adhdhin gives the adhaan before or after dawn breaks, then to be on the safe side it is better for him to stop eating and drinking when he hears the adhaan, and it will not matter if he eats or drinks something at the time of the adhaan, because he does not know whether dawn has broken. It is well-known that those who live in cities where there are electric lights cannot know whether dawn has broken from looking, but to be on the safe side they should follow the adhaan and timetables which state the time of dawn in hours and minutes, acting in accordance with the words of the Prophet (blessings and peace of Allah be upon him): “Leave that which makes you doubt for that which does not make you doubt” and “Whoever guards against the doubtful matters will protect his religious commitment from shortcomings and will protect his honour from slander.” And Allah is the source of strength.
End quote fromFataawa Ramadan, compiled by Ashraf ‘Abd al-Maqsood (p. 201)
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked: When is it forbidden for a person to eat? Is it as they say: when the mu’adhdhin saysLaailaaha ill-Allah? What is the ruling if he drinks deliberately after the adhaan? Is he like one who drinks after ‘Asr, or does his fast count? Some people justify that by saying that dawn is not like a lamp that begins to shine quickly, and the matter is broad in scope. What is the ruling?
He replied: If the mu’adhdhin gives the adhaan when dawn becomes clear, then the Prophet (blessings and peace of Allah be upon him) said: “Eat and drink until Ibn Umm Maktoom gives the adhaan, for he does not give the adhaan until dawn breaks.” If the mu’adhdhin says: I have seen the dawn and I do not give the adhaan until I see the dawn, then the individual must stop eating and drinking when he hears the adhaan, except in the case concerning which a concession has been made, which is a person has his vessel in his hand, in which case he may drink what he needs from it.
But if the adhaan is given according to a timetable, then the timetable is not actually connected to the actual visible time – as it is based on calculations. The timetables we have nowadays, such as the Umm al-Qura timetable and others, are based on calculations, because they do not actually observe the dawn, or the sun, or the zenith, or the beginning of ‘Asr, or the setting of the sun.
End quote fromal-Liqa’ ash-Shahri(1/214)
For more information, please see the answer to question no. 124608
Based on the above, your fast is valid, in sha Allah, because we cannot be certain that the mu’adhdhin was giving the adhaan at the time when dawn began.
And Allah knows best.











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Issues of fasting, Dought & clear, - * Is it permissible for one who is residing in a country where the days are very long to follow the timings of the Kingdom of Saudi Arabia for his fasting and prayers?

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Is it permissible for one who is residing in Sweden to fast and pray in Ramadan according to the timings of Saudi, or any Arab country that is close to him, or should he follow the timings of the country where he is living?
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Praise be to Allah
Firstly:
The one who is residing in Sweden or similar countries that are located close to the North Pole comes under one of two headings:
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He is residing in a city where night and day follow one another within a 24-hour period. In this case it is not permissible for him to fast or pray according to the timings of another city; rather he must offer the five daily prayers at the times stipulated according to Islamic teachings, because of the general meaning of the verse in which Allah, may He be exalted, says (interpretation of the meaning):
“Perform As-Salat (Iqamat-as-Salat) from mid-day till the darkness of the night (i.e. the Zuhr, ‘Asr, Maghrib, and ‘Isha’ prayers), and recite the Qur’an in the early dawn (i.e. the morning prayer). Verily, the recitation of the Qur’an in the early dawn is ever witnessed (attended by the angels in charge of mankind of the day and the night)”
[al-Isra’ 17:78]
“When you have finished As-Salat (the prayer - congregational), remember Allah standing, sitting down, and lying down on your sides, but when you are free from danger, perform As-Salat (Iqamatas Salat). Verily, the prayer is enjoined on the believers at fixed hours”
[an-Nisa’ 4:103].
There is nothing in the verses or hadiths to differentiate between cases where the day is long or short, so long as the timings of the prayers can be distinguished according to the signs defined by the Messenger of Allah (blessings and peace of Allah be upon him) for the beginning and end of the times of the prayer. By the same token, it is obligatory for him to fast during the day in Ramadan in full, whether the day is long or short, and it is permissible for him to eat, drink and have intercourse during the night that follows that day, whether the night is long or short, because Allah, may He be exalted, says (interpretation of the meaning):
“and eat and drink until the white thread (light) of dawn appears to you distinct from the black thread (darkness of night)”
[al-Baqarah 2:187]
“It is made lawful for you to have sexual relations with your wives on the night of As-Saum (the fasts)…”
[al-Baqarah 2:187].
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If a person is residing in a city where night does not follow day within a 24-hour period, such as a city where the day lasts for two days, or a week, or a month, or more than that, such as the land where the sun does not set in the summer, and does not rise in the winter, then such people have to offer the five daily prayers within each 24-hour period, and they have to work out the timings of them, as the Prophet (blessings and peace of Allah be upon him) instructed with regard to the day of the Dajjaal that will be like a year, and his day that will be like a month, and his day that will be like a week. So they should work out the timings for the prayers and the fast.
We have previously explained that working out those times should be based on the nearest city in which the timings of the obligatory prayers can be distinguished.
For more information on the above, please see the answer to question no. 106527
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: Those who issued a fatwa stating that those who are living in a city where the day is very long may fast according to the length of the day in the Kingdom of Saudi Arabia made an obvious mistake and went against the Qur’an and Sunnah. We do not know of any of the scholars who issued such a fatwa.
Yes, with regard to those who live in a city where night and day do not follow one another within a 24-hour period, such as a city in which the day lasts for two days, or a week, or a month, or longer than that, the contemporary scholars differed as to how the time of night and day are to be worked out in a city in which night and day last longer than twenty-four hours.
Some of them said that they should be regarded as equal, so the night should be regarded as twelve hours and the day should be regarded as the same, because this is the length of each in in average terms.
Some said that the length of night and day in Makkah and Madinah should be followed, because they are the two cities in which the revelation came down, so the length of night and day should be based on what is known in those cities, if it is not known how long night and day last in any given city.
Some said that the length of night and day in the nearest city in which night and day follow one another within a 24-hour period should be followed. This view is most likely to be correct, because connecting a city to that which is geographically closest to it is more appropriate than connecting it to one that is far away from it, because the closest one is more likely to resemble it than any other.
End quote fromMajmoo‘ Fataawa wa Rasaa’il al-‘Uthaymeen(19/309)
Secondly:
It is well-known that the people in those cities experience difficulty in fasting in the summer, because of the length of the day there, but Allah will never cause the reward of their good deeds and their patience to be lost. The reward for acts of worship is greater when there is more difficulty in doing it, so long as the person does not deliberately make it difficult for himself It is narrated in a hadith of ‘Aa’ishah (may Allah be pleased with her) that the Prophet (blessings and peace of Allah be upon him) said to her, when she went out for ‘umrah: “Your reward will be commensurate with your spending or your effort.”
Narrated by al-Bukhaari (1787) and Muslim (1211).
If a person is unable to complete the fast because the day is too long, it is permissible for him not to fast, and to make up the days on which he did not fast on any day of the year in which he is able to make it up, even if that day is two or three hours, as is the case in some cities.
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: If fasting is too difficult on very long days, and is unbearably difficult, and there is the fear of physical harm or sickness as a result, then it is permissible to break the fast in that case, and to make it up on shorter days, because Allah, may He be exalted, says in the context of fasting (blessings and peace of Allah be upon him):
“Allah intends for you ease, and He does not want to make things difficult for you. (He wants that you) must complete the same number (of days), and that you must magnify Allah (i.e. to say Takbeer (Allahu-Akbar; Allah is the Most Great) on seeing the crescent of the months of Ramadan and Shawwal) for having guided you so that you may be grateful to Him”
[al-Baqarah 2:185]
“and [Allah] has not laid upon you in religion any hardship, it is the religion of your father Ibrahim (Abraham) (Islamic Monotheism). It is He (Allah) Who has named you Muslims both before and in this (the Quran), that the Messenger (Muhammad (blessings and peace of Allah be upon him)) may be a witness over you and you be witnesses over mankind! So perform As-Salat (Iqamat-as-Salat), give Zakat and hold fast to Allah (i.e. have confidence in Allah, and depend upon Him in all your affairs) He is your Maula (Patron, Lord, etc.), what an Excellent Maula (Patron, Lord, etc.) and what an Excellent Helper!”
[al-Hajj 22:78]
“Allah burdens not a person beyond his scope. He gets reward for that (good) which he has earned, and he is punished for that (evil) which he has earned. ‘Our Lord! Punish us not if we forget or fall into error, our Lord! Lay not on us a burden like that which You did lay on those before us (Jews and Christians); our Lord! Put not on us a burden greater than we have strength to bear. Pardon us and grant us Forgiveness. Have mercy on us. You are our Maula (Patron, Supporter and Protector, etc.) and give us victory over the disbelieving people’”
[al-Baqarah 2:286].
End quote fromMajmoo‘ Fataawa wa Rasaa’il al-‘Uthaymeen(19/309)
Thirdly:
If the times for some of the prayers can be determined and others cannot, then it is obligatory to offer on time those prayers for which the time can be determined, and whatever cannot be determined should be worked out.
This can be seen in Sweden and neighbouring countries, in the case of ‘Isha’ prayer, as dawn breaks before the disappearance of the red afterglow which signals the beginning of the time for ‘Isha’ prayer.
The correct scholarly opinion is that they must pray ‘Isha’, and work out the time for it, in contrast to some of the Hanafi scholars who said that it is waived because the reason for it, namely the time, is not present. Please seeMaraaqi al-Falaah(p. 73)
InHaashiyat ar-Rawd al-Murbi‘it says: If the sign for its onset is not present and cannot be seen, as in Bulgaria, he is still obliged to offer both of them. So he should work out the time for it, as it will be worked out during the days of the Dajjaal, because it is proven inSaheeh Muslimthat (the Prophet (blessings and peace of Allah be upon him)) said: “Work it out…” as-Sarkhasi and al-Balqaani issued fatwas stating that it will be waived in their case, but others issued fatwas saying that it is still obligatory, which is the correct view, by analogy with the days of the Dajjaal.
End quote fromHaashiyat ar-Rawd al-Murbi‘(1/468)
Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked about a city in which the disappearance of the red afterglow, which signals the beginning of the time for ‘Isha’, is very late, and it is difficult for them to wait for it.
He replied: If the red afterglow does not disappear until dawn breaks, or it disappears for a length of time that is not enough to pray ‘Isha’ before dawn breaks, then these people come under the same ruling as those who do not have a time for ‘Isha’. They should work out a time for it based on the nearest city to them which does have sufficient time for ‘Isha’. And it was said that they should work it out according to the time of ‘Isha’ in Makkah, because it is the Mother of Cities (Umm al-Qura).
If the red afterglow disappears a long time before dawn, allowing enough time to pray ‘Isha’, then they must wait until it disappears. But if it is too difficult for them to wait, then in that case it is permissible for them to put ‘Isha’ together with Maghrib at the time of the earlier prayer, so as to ward off hardship and difficulty, because Allah, may He be exalted, says (interpretation of the meaning):
“Allah intends for you ease, and He does not want to make things difficult for you”
[al-Baqarah 2:185]
“and [Allah] has not laid upon you in religion any hardship”
[al-Hajj 22:78].
InSaheeh Muslimit is narrated from ‘Abdullah ibn ‘Abbaas (may Allah be pleased with him) that the Prophet (blessings and peace of Allah be upon him) put Zuhr and ‘Asr together, and he put Maghrib and ‘Isha’ together, in Madinah, when there was no fear and no rain. They said: What did he intend by that? He said: He wanted not to cause any hardship for his ummah. In other words, he did not want to cause them hardship by not putting prayers together.
fromMajmoo‘ Fataawa wa Rasaa’il Ibn ‘Uthaymeen(12/206)
And Allah knows best.












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TRANSGENDERS AND ISLAM

Humiliating, insulting or teasing transgenders is 'Haram'
At least 50 clerics affiliated with a little known Tanzeem Ittehad-
i-Ummat have issued a fatwa (religious decree) that marriage with
a transgender person is lawful.
The fatwa, released on Sunday, said a transgender person having
"visible signs of being a male" may marry a woman or a transgender
with "visible signs of being a female" and vice versa.
But, the fatwa added, a transgender person carrying "visible signs
of both genders" may not marry anyone.
It declared that robbing transgender people of their share in
inheritance was unlawful and that parents who deprive their
transgender sons/daughters of inheritance were "inviting the wrath
of God".
The clerics called upon the government to take action against such parents.
The decree also dwelt upon societal attitudes towards transgenders.
It went to the extent of terming 'haraam' any act intended to
"humiliate, insult or tease" them.
The fatwa ended with a word on last rites, declaring that all
funeral rituals for a transgender person will be the same as for any
other Muslim man or woman.
The clerics who issued the fatwa included Imran Hanfi, Pir Karamat
Ali, Abu Bakr Awan, Masoodur Rehman, Tahir Tabassum Qadri, Khalil
Yousafi, Gul Ateequi, Gulzar Naeemi, Intikhab Noori, Abdul Sattar
Saeedi and Khizarul Islam.