Fathwa - What physical contact breaks the fast? When is expiation required?

Question:
What kind of emission of sexual fluids requires ghusl, and what doesn't?
Answer:
Bismillah Ir-Rahman Ir-Raheem
Assalamu aliekum wa rahmatullahi wa barakatuhu
As stated in Nur al-Iydah, there are three types of emissions: wady,
madhy, and mani.
Wady is a white, thick discharge that is commonly seen before orafter
urinating. Madhy is a white, thin discharge that is caused through the
excitement of foreplay or kissing. Mani is a fluid that is released
after ejaculation.
Wady and madhy necessitate wudhu and mani requires one to perform ghusl.
As for sexual relations while one is fasting, the following is a
breakdown from Nur al-Iydah of what does or does not invalidate
one'sfast and the expiation rulings accompanying them.
Physical Contact that Doesn't Break One's Fast:
-Non-passionate kissing (i.e. doesn't lead to sexual intercourse or ejaculation)
-Looking at one's spouse,even if one ejaculates
Physical Contact that Doesn't Break One's Fast But Is Disliked:
-Non-passionate kissing that one fears will lead to sexual intercourse
or ejaculation
-Anything sexual that one fears will lead to sexual intercourse or ejaculation
Physical Contact that Breaks One's Fast And Requires Makeup Only:
-Ejaculation from masturbation *
-Kissing and touching that caused ejaculation *
Physical Contact that Breaks One's Fast And Requires Makeup and Kaffara:
-Passionate kissing *
-Swallowing the saliva ofone's spouse or friend *
-Sexual intercourse without ejaculation *
-Ejaculation from sexual intercourse *
*The person who involved himself in the above-mentioned situations
should refrain from eating and drinkingfor the remainder of thatday,
and repent for the severity of his sin.
Outside the month of Ramadan, if one breaks his fast deliberately,
thenhe is not required to complete a Kaffara.

Whom one is allowed to marry

Marriage is the most essential social bond that maintains human
society. It is the key step to establishing a family, which is the
nucleus of society. Since the ultimate goal of creating human beings
is to worship Allaah Almighty, a Muslim has to look at marriage as a
means of 'producing' human beings who will be future worshippers of
Allaah, which is a religious commitment, apart from being a physical,
social and psychological need.
When planning for marriage, one has to ask himself who he shouldmarry.
Allaah mentions most of the categories of women involved in this
question in the following verses, )which means(:"And do not marry
those]women[ whom your fathers married, except what has
alreadyoccurred. Indeed, it was an immorality and hateful ]to Allaah[
and was evil as a way. Prohibited to you ]for marriage[ are your
mothers, your daughters, your sisters, your father's sisters, your
mother's sisters, your brother's daughters,your sister's daughters,
your]milk[ mothers who nursed you, your sisters through nursing, your
wives' mothers, and your step daughters under your guardianship ]born[
of your wivesunto whom you have gone in. But if you have not gone in
unto them, there is no sin upon you. And ]also prohibited are[ the
wives of your sons who are from your ]own[ loins, and that you take
]in marriage[ two sisters simultaneously, except for what has already
occurred. Indeed, Allaah is ever Forgiving and Merciful. And ]also
prohibited to you are all[ married women except those your right hands
possess ]i.e., slaves or war-captives who had polytheistic husbands[.
]This is[ the decree of Allaah upon you. And lawful to you are ]all
others[ beyond these, ]provided[ that youseek them ]in marriage[
with]gifts from[ your property, desiring chastity, not unlawful sexual
intercourse..."]Quran 4:22-24[
Those who are Permanently Forbidden in Marriage
This category includes those whom one is forbidden to marry due to a
blood relationship as well as those who are forbidden due to marital
relations:
Those Permanently Forbidden due to Blood Relations
Descendants due to a relationship with a woman, regardless of how far
)a man's daughter, granddaughter, etc.(.
Ascendants of women, regardlessof how far )mother, maternal
andpaternal grandmother, etc.(.
Descendants from a man's parents, regardless of how far)sisters, half
sisters, sister's children, etc.(
Siblings of male and female ascendants, regardless of how far)paternal
and maternal aunts, great aunts, etc.(.
One may notice that of these, the grandmother was not explicitly
mentioned in the verse. This is because frequently in Arabic and in
the Quran )as in some of the verses on inheritance(, the term 'mother'
includes the grandmother and all her ascendants.
Those Permanently Forbidden due to Marital Relations
Wives of ascendants, regardless of how far )the father's wife,
grandfather's wife, etc.(. Consummation is not a condition;the mere
completion of the marriage contract makes this marriage forbidden
forever.
Wives of descendants, regardless of how far. Again, the mere marriage
contract is what is considered here with or without consummation.
Ascendants of wives )such as the mother-in-law(, regardless of whether
the marriage was consummated or not.
Descendants of wives )step-daughters and their children( only if the
man consummated the marriage with the wife in question. The phrase
)which means( '…Under your guardianship…' was mentioned here only to
portray the usual case and not as a condition. The ruling holds
whether the step-daughter was ever under hiscare or not. This is the
opinion of the majority of scholars.
Those Permanently Forbidden due to Breast Feeding
The verse actually mentions 'mothers' and 'sisters' by breast feeding.
From these two, others can be derived based on the Hadeeth
)narration( of the Prophet:"Breast feeding makes forbidden what is
forbidden through blood relations."]Muslim[
The Prophetwas asked to marry the daughter of his uncle Hamzahbut his
response wasto say: "She is not permissible forme. She is the
daughter of my brother through breastfeeding. And breastfeeding
forbids what is forbidden through blood relations." ]Al-Bukhaari &
Muslim[
The brother of a woman who hadbreastfed 'Aa'ishahcame to visit her.
She refused to let him inuntil she asked the Prophetif it was
permissible to do so, and he said:"Give him permission, forhe is our
uncle."]Al-Bukhaari & Muslim[
The Minimum Requirement for Breast Feeding
There is a wide variety of opinions on how many 'sessions' of
breastfeeding create the prohibition including one, three, five, seven
and ten sessions. A common opinion is that the childmust have nursed
on three separate occasions; this is based on the Hadeeth: "The
prohibitionis not established by one suck or two."
The strongest opinion is that of Imaams Maalik and Abu Haneefahand
'Ali bin Abu Taalib, 'Abdullaah bin 'Umar, and 'Abdullaah bin
'Abbaasand others, which is that a single session is sufficient. This
is the strongest opinion because it is consistent with the apparent
meaning of the word Ridhaa'ah)breastfeeding( in the above-mentioned
verses as well as the related Hadeeths; also, the above Hadeeth could
be easily taken to refer to 'sucks' and not 'sessions.'So, in other
words, if the baby merely sucks once or twice, it does not count
unless the baby completes the 'session', drinking to satisfaction.
Women Included in this Category
One's female ascendants throughnursing. This includes the womanwho
nursed him and her mother,etc. The husband of the wet nurse is
considered the 'cause' of the milk involved. So, for example, if a
girl is nursed by a woman, that woman's husband becomes forbidden to
her just as her own biological father is.
Descendants through nursing. The man who is the 'cause' of themilk is
forbidden from marrying the one his wife nursed or their children,
etc.
Descendants of 'parents' throughnursing, )i.e., the 'sisters'(. One
cannot marry any of the children)either by blood or nursing( of the
wet nurse or her husband.
Siblings of ascendants by nursing)i.e., brothers and sisters of the
wet nurse or her husband(. This does not include their
children)'cousins' by nursing(.
Note the following important point as stated by Shaykh Ibn 'Uthaymeen:
"The relatives of the child that is nursed, exceptfor his/her
children, have no relation to the breastfeeding mother ]or her
husband[ and there is no effect on them from that nursing. So, it is
allowed for a boy's blood brother to marry his brother's wet nurse or
her daughters. However, the children of the child who was nursed will
become like the children of the wet nurse and her husband in the same
way that their father)the one originally nursed( was a 'child' )by
nursing( to those two."
Those Forbidden for Temporary Reasons
The second category of women a man is forbidden to marry consists of
those forbidden for temporary reasons. If the reason ceases to exist,
marriage between them becomes lawful. They include the following:
While being married to a woman,a man cannot marry her sister or any of
her aunts )paternal or maternal(. The first was mentioned in the
verses previously mentioned and the second is mentioned in the
following Hadeeth:
"The Prophetprohibited joining )in marriage at the same time( a woman
and her paternal aunt or a woman and her maternal aunt." ]Al-Bukhaari
& Muslim[
If a person divorces his wife threetimes, it is not allowed for him
tomarry her again until and unless she marries someone else )but not
as a trick in order to marry him again(, consummates that marriage and
that marriage is subsequently legally ended.
Any woman if a man already has four wives.
Marrying a slave girl when one is already married to a free woman.
Marrying a woman who is alreadymarried or who is in 'Iddah)waiting
period(. A woman in 'Iddah due either to her husband's death or
divorce is notallowed to marry until it is finished.
A woman upon whom a man has made Li'aan, unless he confesses to having
made it up. Al-Li'aan in Arabic is when the husband accuses the wife
of adultery but cannot bring witnesses, so he swears that it occurred
and the two are separated after the wife swears that she is innocent.
He can never marry her again unless he confesses that he was lying
about it.
A woman who is neither Muslim nor Jewish nor Christian.

The ruling of theft in Islam

Theft is Haraam)forbidden( according to the Quran, Sunnah]sayings of
Prophet Muhammad[ and Ijmaa' )scholarly consensus(. Allaah, the Most
Exalted, has condemned this action and decreed an appropriate
punishment for it. The Hadd ]i.e. the legal punishment prescribed by
the Sharee'ah )Islamic law([ for a thief is to cut off thethief's
hand. Allaah Almighty Says in the Noble Quran )what means(:
"]As for[ the thief, the male and the female, amputate their handsin
recompense for what they earned ]i.e. committed[ as a deterrent
]punishment[ from Allaah. And Allaah is Exalted in Might and
Wise."]Quran 5:38[
The Prophetsaid:
"The hand )of the thief( should becut off for )the theft of( a quarter
of a Dinar or more."]Al-Bukhaari[
The Prophetcursed the thief because he is a corrupt element in
society, and if he is left unpunished, his corruption will spread and
infect the body of the Ummah )Muslim community(. Hesaid:
"May Allaah curse the thief who steals an egg and has his hand cut
off, or steals a rope and has his hand cut off."]Al-Bukhaari[
What indicates that this ruling is definitive is the fact that a
Makhzoomi noblewoman )from the tribe of Makhzoom( stole at the time of
the Prophetand Usaamah Ibn Zaydwanted to intercede for her. The
Prophetbecame angryand said:
"Do you intercede concerning oneof the Hadd set by Allaah? Those who
came before you were destroyed because if a rich man among them stole,
they would let him off, but if a lowly person stole, they would carry
out the punishment on him. By Allaah, if Faatimah Bint )daughter of(
Muhammad were to steal, I would cut off her hand."]Al-Bukhaari[
This is the ruling of Allaahconcerning theft; that thehand should be
cut off from the wrist joint.
Al-Nawawisaid in his commentary on Saheeh Muslim )Hadeeth collection(:
Al-Shaafa'i, Abu Haneefah, Maalik and the majority )of scholars(said:
"The hand should be cut off from the wrist, where thehand meets the
forearm."Al-Qurtubisaid: "All the scholars said: The hand should be
cut off from the wrist, not as some of the innovators do when they cut
off the fingers and leave the thumb."
Because cutting off the hand is a serious matter, it should not be
done for just any case of theft. A combination of conditions must be
fulfilled before the hand of a thief is cut off. These conditions are
as follows:
1- The thing should have been taken by stealth; if it was not taken by
stealth, then the hand should not be cut off, such as when property
has been seized by force in front of other people, because in this
case the owner of the property could have asked for helpto stop the
thief.
2- The stolen property should be something of worth, because that
which is of no worth has no sanctity, such as musical instruments,
wine and pigs.
2- The value of the stolen property should be above a certain limit,
which is three Islamic Dirhams or a quarter of an Islamic Dinar, or
their equivalent in other currencies.
3- The stolen property should have been taken from a place where it
had been put away, i.e., aplace where people usually put their
property, such as a cupboard, for example.
4- The theft itself has to be proven, either by the testimony of two
qualified witnesses or by the confession of the thief twice.
5- The person from whom the property was stolen has to ask for it
back; if he does not, then)the thief's( hand does not have to be cut
off.
If these conditions are fulfilled, then the hand must be cut off. If
this ruling was applied in the societies which are content with
man-made laws and which have castaside the Sharee'ah of Allaah and
replaced it with human laws, this would be the most beneficial
treatment for this phenomenon. But the matter is as Allaah Says )what
means(:
"Then is it the judgement of ]the time of[ ignorance they desire? But
who is better than Allaah in judgement for a people who are certain
]in faith[."]Quran 5:50[

The phenomenon of spinsterhood -II

One of the main reasons for the spread of this phenomenon is that some
parents oppressively prevent their daughters from marrying suitable
young men, despite the fact that the Prophet,said:"If a man whose
religionand manners you approve of comes to you )proposing to your
daughter(, then give her in marriage to him, otherwise, there will be
turmoil on the earthand great corruption."]At-Tirmithi & Ibn Maajah[
Some fathers breached the trust from Allaah which they have carried
regarding their daughtersby preventing them from marriage. It may be
that a young man comes to them asking for their daughter and they
delay or prohibit him for no reason, citingbaseless excuses, it may be
that their criteria for acceptance is trivial, such as how much his
salary is, or what his career aspirations are, while at the same time
totally disregarding his practice of the religion, manners and
honesty. Indeed some fathers see their daughters as a piece of
merchandise to be sold at an auction.
Such fathers do not realise that this is in fact oppression and
betrayal. Are these fathers unaware of the painful real life stories
that are widespread? These stories should act as a warning for all
parents to stop their heedlessness and protect their honour and
dignity before itis too late.
Where is their mercy? Do they notconsider the consequences of their
actions? How can someone who knows about the nature of awoman imprison
her for life? If these people had used their minds then they would
have looked for suitable husbands for their daughters, just as
'Umaroffered his daughter for marriage to Abu Bakr and then 'Uthmaan.
Sa'eed Ibn Al-Musayyibgive his daughter in marriage to one of his
students, indeed this was the practice of our Salaf. Indeed making
marriage difficult results in destroying homes, killing chastity,
ruining morality and spreading evil.
Rejecting suitable men and delaying women from marriage jeopardises
and endangers men, woman and indeed the community as a whole. Suitable
men are those whose practice ofIslaamis sound, whose manners are good
and who are kind, honest and from a good family. The
Prophet,,said:"Marry theone who has religion )i.e.,
devoutMuslim("]Al-Bukhaari & Muslim[
Another reason for the spread of this evil phenomenon is the
exorbitant dowries that some fathers request, so much so that marriage
becomes impossible forsome people; in some countries dowries reach
ridiculous and unimaginable levels, which results in a mountain of
debt for anyone who tries to pay it. The greed which some people
suffer from is truly saddening; they ask for amounts which the one
proposing could never afford, even if he were to save for half of his
life. Such people's greed and lust for this life has resulted in
making honourable women into pieces of merchandise, which they then
sell. All this has resulted in a huge increase in the number of
unmarried women.
The dowry in Islam is a mean andnot an objective and inflating it has
terrible effects on individuals and communities which are known to
everyone. It prevents marriages from taking place or results in
marriages to unfit or unsuitable partners from non-practicing
communities, which results in regret and sorrow.
This greed which some people suffer from is completely the opposite of
how our Salaf)predecessors(used to be, as'Umarsaid:"Do not inflate
dowries, because if it was good for ones livelihood, or righteous to
do, then the Prophetwould have done this".In fact, the Prophet,gave a
woman in marriage to a man and the dowry was what he had memorised
from the Quran, and hesaid to another man regarding the amount of
dowry to give:"Give her a ring made from iron"and 'Abdur-Rahmaan Ibn
'Awfgave a golden coin as his dowry.
After hearing all this, how can people ask for what they do? Do they
not know that they will be questioned about that which they are
entrusted with? Do they lack any mercy whatsoever? Moreover, the
tradition of excessive expenditure on weddings which some people
impose upon the groom only adds to the problem, and it is only done in
order to show off and boast.
Scholars, wealthy people and people who hold a respected position in
their community mustaddress this issue and set an example for the
Muslim nation. The media should educate people, highlight the
solutions and offer them to the people.
Brothers and sisters who are suffering from this problem should
persevere, remain steadfast and chaste and be content with the decree
of Allaahbecause what He has for them is better.
After knowing about the disease, comes information about the cure. The
cure for spinsterhood lies in strengthening the foundation of faith in
the Muslim nation and raising this coming generation upon the correct
belief, while emphasising on morals and principles in our Muslim
communities.
We should also facilitate marriages, reduce dowries and marry our
daughters to suitable young men based on the correct Islamic criteria
for choosing a spouse. We should guide people to suitable young men
and the wealthy should support those who wish to get married.
Finally, to comprehensively address the solution to the problem of
spinsterhood, the Muslim community must give great attention to the
issue of polygamy according to Islamic guidelines, because there are
far too many women who are single,divorced or widowed. Having
saidthis, those men who partake in polygamy must be just, merciful and
wise when dealing with theirwives, especially the first one, because
we are always hearing complaints from sisters about their husbands
being unjust to them. We must remember that the Prophetsaid:"He who
has two wives and favors one over another )i.e., by being unjustto one
of them by not fulfilling his duties towards her( will be onthe Day of
Resurrection with one side of his face cut and hanging)as a form of
punishment(."]Ahmad[