This is an
extract from the book "Al Jaami'u li Ahkaam is Siyaam" (A complete
guide to the rules of fasting) by Sheikh Abu Iyaas Mahmood bin Abdul-Lateef bin
Mahmood ('Uwaydhah). Please note this is a draft translation from Arabic. If
any confusion arises from the translation then please refer to the original Arabic book.
OPINION 1:
It was the opinion of ibn Umar and Jaabir bin Zaid from
the Sahaabah and also the opinion of Maalik, Al Layth and Ibn Abi dh'ib that it
was necessary to make the intention for the fast in the preceding night in any
part of it (the night). There is no difference between the obligatory and
recommended fasts so the fast of Ramadhaan, the fast of an Nadhr (oath/vow),
the obligatory fast of Kafaarah and the recommended extra fasts are all the
same in the respect of the intention according to this view.
OPINION 2:
However Imam Abu Haneefah, Imaam ash Shaafi' and Ahmad
viewed the niyah of the preceding night to be obligatory only for the
obligatory fasts and not the supplementary.
QUESTIONS:
Is it obligatory to make the intention for every day of
fasting of Ramadhaan as the majority have stated or can one intention cover the
whole month of fasting like Maalik, Ahmad and Ishaaq have put forward?
Also is it correct fasting in the month of Ramadhaan in
the right of Al Muqeem as Saheeh without an intention like some of the Ahnaaf,
Ataa, Mujaahid and az Zuhry stated?
Is it allowed to make the intention in the daytime of a
supplementary fast which was the opinion of Ibn Abbaas, Ibn Mas'ood, Hudhayfah,
Abu Hurairah, Abu ad Dardaa, Abu Talha, Abu Ayoob and Ahmad and Ash Shaafi'?
Is the intention obligatory before Zawaal – before Zuhr -
and there is no reward after that like has been reported from Ali Ibn Abi
Taalib (ra) and from Abu Haneefah and one opinion attributed to Ash Shaafi'i?
Or is it acceptable to make the intention both before and
after Zuhr following the view of ibn Abbaas, Aa'isha and Hudhaifah and ash
Shaafi'i in another view attributed to him?
ANSWER:
In order to uncover the truth of these issues we need to
examine the following texts:
1. From Hafsah the wife of the Prophet صلى الله عليه وسلم that He صلى الله عليه وسلم said: "Whoever has not joined the fast before al Fajr
then there is no fast for him."
Narrated by
Khuzaimah (1993). He added that, 'ibn Abdil Hakam told him that Ibn Wahab told
them the same thing, and he added: He told me that Maalik and al Layth said the
same.'
Ahmad, Ibn
Hibbaan, Al Haakim and Ibn Hazm also narrated it and verified it as Marfoo'
where An Nisaa'i and at Tirmidhi verified it stopping at Hafsah.
Abu Daawud
mentioned that Ma'mar, az Zubaydy, Ibn 'Ayyina and Younus al Ayly stopped the
narration at Hafsah. Ibn Maajah, ad Daaramy also classified it as Marfou'.
There is therefore a difference of opinion in relation to
this Hadeeth where some have verified it as being Marfou' and others have
stopped it at Hafsah.
2. On the authority of Aisha (ra) the Mother of Believers
who said: "The Prophet صلى الله عليه وسلم entered one
day and said: 'Have you got anything (to eat)?' So we said: 'No'. He said 'In
that case I am going to fast'. He came to us another day and we said: 'O
Messenger of Allah we have been given al-Hays* (food) as a present'. So he
said: 'Show it to me, I started the day fasting' and then he ate."
* Al
Hays: It is a food from
butter, cottage cheese and dates. Flour can replace the cheese.
Narrated by
Muslim (2715), Abu Daawud, An Nisaa'i', At Tirmidhi and Ibn Maajah.
An Nisaa'i
(2330), al Bayhaqi and ad Daaraqutni in a chain that Al Bayhaqi verified as
Saheeh in the following wording:
From Aa'isha Ummul Mu'mineen who said: "The Messenger of Allah صلى الله عليه وسلم came one day
and said, 'Do you have any food?' I said: 'No.' So he said: 'Then I will fast.'
She said he came another time and I said: 'O Rasool Allah we have been given
Hays' so he said, 'In that case I will break my fast and I had been (furidtu)
fasting.'"
3. On the authority of Anas bin Maalik (ra) that the
Prophet صلى الله عليه وسلم said: "The
fasting person has a choice between it and half of the day."
Al Bayhaqi
(277/4). He narrated similar to this from Abi Umaamah.
4. From Ikramah about Ibn Abbaas that: "He used to be awake until zuhr and would then
say: 'By Allah I awoke and I did not want to fast and yet I haven't eaten food
or drank anything all day. I am therefore definitely going to fast this
day!'"
Narrated by
at Tahaawi in Sharh ma'aani al aathar (56/2).
5. From Abi al Ahwas from Abdullah ibn Mas'ood (ra) who
said: "When you wake up then you
have one of two options if you haven't eaten or drunk anything. If you wish you
can fast and if you wish you can eat."
At Tahaawi
(56/2) in Sharh al Ma'aani al Aathar and Al Bayhaqi similar to it (277/4).
6. On the authority of Abi Abdir Rahman: "That Hudhaifah began his fast as long as the
sun was still present."
Narrated by
At Tahaawi in his Sharh Ma'aani al Aathar (56/2), Ibn Abi Shaybah and al
Bayhaqi.
Abdur Razzaaq (7780) and Sa'ad ibn Ubaidah said: "Hudhaifah said: 'Whoever feels like fasting after
the zawaal of the Sun then he should/could do so.'"
The third Hadeeth from Anas (ra) contains in the chain
'Awn bin 'imaarah al 'Anbari and the Riwaayah (report) of Abi Umaamah (ra) also
includes him and he is weak as al Bayhaqi mentioned. The hadeeth is therefore
rejected in these two chains/reports.
The hadeeth of the mother of believers Hafsah (ra) is
Marfou' and Mawqoof and some people (Ulamaa) have accepted the Marfou' and
others have accepted the Mawqoof. I say: the increase of trust makes it
acceptable, in this case the Hadeeth is Marfou' to the Messenger صلى الله عليه وسلم and it (this narration) has been
accepted by many Muhadditheen. This Hadeeth is clear in its meaning that it is
obligatory to have made the intention before Fajr in the preceding night. The
expression and wording is 'Aam (general) for fasting so it applies in its
generality except if ahaadeeth come to specify it. In this case the two reports
from Aisha (ra) mention that the Messenger of Allah صلى الله عليه وسلم had made intention for fasting in
the daytime when he did not find any food at her house. Another time when he
found food with her and he was in a state of fasting he broke his fast and ate
the food.
All this indicates the permission (jawaaz) of making the
intention to fast during the day for those fasts that are Tattawu' (recommended/extra)
because this was the reality behind the hadeeth.
These Hadeeth are therefore sufficient to focus the
Hadeeth of Hafsah (ra) to the obligatory fasts. So we say that the obligatory
fast requires an intention in the night before and that it is allowed to make
an intention to fast the Tattawu' (extra) fasts during the day.
Therefore the first statement/opinion reported from
Abdullah ibn Umar (ra), Jaabir (ra), Maalik, Al Layth and ibn Abi dh'ib that
the Mandoob also requires an intention in the night is rejected by the Hadeeth
of Aisha (ra).
In contrast the opinion of Imaam Abi Haneefah, Ash Shaafi'
and Ahmad to make the intention in the preceding night only for the obligatory
fasts is affirmed.
As for the remaining reports 4, 5 and 6 then I say the
following: They all statements of the As Sahaabah and the statements of the
Sahaabah and their actions are not a sharee'ah evidence or proof. They are
Ahkaam Sharee'ah which are allowed to be adopted and imitated and especially if
there has not been anything reported from another Sahaabi that contradicts it.
Here I am not aware of any narration that contradicts with these
statements/opinions.
The first Athar (report) explains how Ibn Abbaas (ra) had
decided to fast in the day without having made an intention preceding that and
he hadn't yet eaten food in that day.
The second from Ibn Mas'ood (ra) states the same as Ibn
Abbaas with different wording. He explains the permission/allowance to make the
intention of fasting in the day time as long as nothing has been eaten or
drunk.
The third report mentions that Hudhaifah (ra) fasting
after the zawaal of the sun in the day meaning that he made his intention to
fast after Zuhr and he announced this to the people.
These three are of the prominent Sahaabah and they have
permitted the intention and convening of the fast in the daytime and two of
them restricted this to the person who had not eaten or drunk. Hudhaifah (ra)
allowed it after Zuhr but this report has been rejected by those who have
viewed it obligatory to convene the fast before Zuhr and not allowed it after.
As for the statement and action of Hudhaifah (ra) its meaning is clear.
The two Hadeeth of Ibn Abbaas and Ibn Mas'ood have come in
an absolute (Mutlaq) form without restriction of time. There is no restriction
(taqyeed) except for the consumption of food/drink before the niyah and the
Mutlaq (unrestricted) continues as such unless there is something to restrict
it. In this case there is no such restriction (i.e. before Zuhr or after it).
The Hadeeth of Aisha in its two narrations also does not
contain any time restriction so the first statement, "The Prophet صلى الله عليه وسلم entered my quarters one day..." and in the second, "The
Prophet صلى الله عليه وسلم came one day" both do not contain any indication if it was the
beginning, middle or end of day being referred to and as such the Mutlaq
remains in its unrestricted form in this case.
Therefore I say that the intention of the Tattawu'
(non-obligatory) fast is permissible in the day, in any part of it, even if it
is only one hour before the sun goes down because it is not allowed to restrict
this except with a sound evidence which does not exist here. The mistake of
those who made it obligatory before Zuhr has become apparent and the opinion of
those who say that it is correct before and after Zuhr has been affirmed as
correct. They are Abdullah Ibn Abbaas, Aisha, Hudhaifah and Ash Shaafi'i in one
of his statements.
As for the question: Is
it obligatory to make an intention for every night of Ramadhaan or can it be
made once for the whole month?
The correct view is that it is necessary to make the
intention every night as fasting every day is an independent act of Ibaadah
from what was before or after it. The Iftaar separates every fast from the
other at night and as long as every day is an independent act of Ibaadah then
it is necessary to have an intention for each act to make it legitimate. This
understanding is by way of understanding the reality (min baab tahqeeq al
manaat).
What remains are the views of Zufar, Ataa, Mujaahid and az
Zuhri: Fasting is correct in Ramadhaan in the right of the Muqeem as Saheeh
(resident) without an intention. The opinion of az Zuhri is found in the Sharh
Fathul Qadeer of Ibn al Himaam al Hanafi "the sawm of Ramadhaan is
performed without an intention is the right of al Muqeem as Saheeh because Al
Imsaak (abstention from eating) is on him. From many angles performing it means
the intention falls from him."
May Allah's سبحانه وتعالى forgiveness be on Zufar and whoever
said what he said. It is as if they did not know that every act of Ibaadah
requires an intention. Did they not hear the speech of the Prophet صلى الله عليه وسلم when He said narrated by Umar (ra):
"Verily
the actions are only by their intention." [Al Bukhaari, (1/6689) and Muslim]
So how can they say from any angle that by performing the
action the intention falls from him? Meaning for instance that if he refrained
from food with the intention of losing weight (dieting) that his action would
be considered a legitimate act of Ibaadah?
And what is the reasoning for adding the constraint,
"the haqq (right) of the Muqeem as Saheeh (resident)"? Does that mean
that the traveler and sick person require an intention whilst the resident does
not? This opinion has reached such a level of weakness that it does not require
any further regard.
Or,
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