بسم الله الرحمن الرحيم
Commentary on
‘Umdat al-Fiqh
(The Reliable Source of Fiqh)
By
موفق الدين عبد االله بن أحمد بن محمد بن قدامة المقدسي
Muwaffaq-ud-Deen, Abdullah ibn Ahmad ibn Muhammad ibn Qudamah al-Maqdisi
Ibn Qudamah is a scholar that needs no introduction. He is a blessing to the ummah and he is a pillar in the Hanbali madhab. A lot of books in this madhab are based on his book 'al muqni'. The scholars say this book was written for beginners in fiqh. After this book, he wrote al muqni. That's a book for those who mastered the first book. Here he would cite the points and state the evidence. This is for those who've read the first. Then he wrote 'al kaafi'. In this book, Ibn Qudamah would explain the different riwayah. Then he wrote the 18 volume, al mughni.
His lineage goes up to Abdullah Ibn Umar. He was born in Palestine and his family migrated to Damascus. He studied ilm wih his father. His acquisition of fiqh came from a young age.
Sh Sajid said he is not here to discuss his personal views. Even if differences are discussed here, our point of reference is from the scholars of our community i.e. our local scholars.
The author, Ibn Qudamah, starts off with book of fasting
Book of fasting
Fasting in Ramadan is mandatory upon every sane adult Muslim who is capable of fasting.
It comes from صام/ يصام. Linguistically this word means 'abstinence'. It has open ended connotations. If we look in Surah Maryam, we see Allah instructing Maryam that she has made a vow to abstain from speaking:
فَكُلِي وَاشْرَبِي وَقَرِّي عَيْنًا فَإِمَّا تَرَيِنَّ مِنَ الْبَشَرِ أَحَدًا فَقُولِي إِنِّي نَذَرْتُ لِلرَّحْمَٰنِ صَوْمًا فَلَنْ أُكَلِّمَ الْيَوْمَ إِنسِيًّا
So eat and drink and refresh the eye. Then if you see any mortal, say: Surely I have vowed a fast to the Beneficent Allah, so I shall not speak to any man today.
This isn't the sawm we know, which is what we do in Ramadan.
For example, salah in Arabic means dua. It doesn't have specific definition. The Arabs used the word salah before the shariah came down. They meant the word dua.
The scholars say: The shariah terminology are more specific than the language.
The author hasn't cited the definition of fasting. The scholars fasting is: specific abstention from a specific individual with a specific intention during a specific time in a specific way.
Sh Sajid takes the definition and breaks it down.
Specific abstention and specific individual: Our shariah has taught us that someone who has to fast is a mukallaf. This person is someone who will be taken to account. This is what the scholars mean by specific individual.
Who is a mukallaf?
They have to have two qualities present.
1. Attained age of puberty
2. They have a sound mind.
These two qualities have to be in a person before instructions of shariah are applicable. This is all from an Islamic standpoint. If an individual loses any of these two entities, the pen is lifted.
How does one know person has attained age of puberty?
1. A person experiencing a 'wet dream' evidence:
وَإِذَا بَلَغَ الْأَطْفَالُ مِنكُمُ الْحُلُمَ فَلْيَسْتَأْذِنُوا كَمَا اسْتَأْذَنَ الَّذِينَ مِن قَبْلِهِمْ كَذَٰلِكَ يُبَيِّنُ اللَّهُ لَكُمْ آيَاتِهِ وَاللَّهُ عَلِيمٌ حَكِيمٌ
And when the children among you have attained to puberty, let them seek permission as those before them sought permission; thus does Allah make clear to you His communications, and Allah is knowing, Wise. [Nur:59]
2. Growth of pubic hair - There is a difference of opinion on this point. Hanafis don't attribute this as a sign
3. Having menses or becoming pregnant (applicable to female)
There can be times when a person grows up and none of these signs are present so when do these things apply to them? The scholars have discussed this and mentioned an age and have differed view with regards to the age. The age in the hanafi madhab say it's 18. This is because Ibn Abbas said a person who reached their peak is between 18 and 40. The view of the Hanbali and Shafi'i is the age of 15. The evidence is that of Ibn Umar. He asked the Prophet, sallalahu alayhi wa sallam, to participate in the battle of uhud at 14 and the Prophet, sallalahu alayhi wa sallam didn't allow him but at 15, he was allowed. However those scholars who differed say there was no clear instruction to show this. The third view is the view of Abu Hanifa and that is 19 years old and Allah knows best.
Whilst we discuss mukallaf, we need to say that a child that's attained age of tamyiz, the fast of this child is correct. This ruling is based on their salah as the Prophet, sallalahu alayhi wa sallam, commanded them to perform salah at 7 and punish at 10. It's the practise of the salah, that they would encourage their children to fast before its compulsory.
Specific intention - It differentiates ibadah from the norm. Some people fast as an act of worship and some fast to lose weight.
Specific time: The time of fasting is specific. It is from fajr till sunset. Thr evidence is the following ayah:
أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَىٰ نِسَائِكُمْ هُنَّ لِبَاسٌ لَّكُمْ وَأَنتُمْ لِبَاسٌ لَّهُنَّ عَلِمَ اللَّهُ أَنَّكُمْ كُنتُمْ تَخْتَانُونَ أَنفُسَكُمْ فَتَابَ عَلَيْكُمْ وَعَفَا عَنكُمْ فَالْآنَ بَاشِرُوهُنَّ وَابْتَغُوا مَا كَتَبَ اللَّهُ لَكُمْ وَكُلُوا وَاشْرَبُوا حَتَّىٰ يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ الْخَيْطِ الْأَسْوَدِ مِنَ الْفَجْرِ ثُمَّ أَتِمُّوا الصِّيَامَ إِلَى اللَّيْلِ وَلَا تُبَاشِرُوهُنَّ وَأَنتُمْ عَاكِفُونَ فِي الْمَسَاجِدِ تِلْكَ حُدُودُ اللَّهِ فَلَا تَقْرَبُوهَا كَذَٰلِكَ يُبَيِّنُ اللَّهُ آيَاتِهِ لِلنَّاسِ لَعَلَّهُمْ يَتَّقُونَ
It is made lawful to you to go into your wives on the night of the fast; they are an apparel for you and you are an apparel for them; Allah knew that you acted unfaithfully to yourselves, so He has turned to you (mercifully) and removed from you (this burden); so now be in contact with them and seek what Allah has ordained for you, and eat and drink until the whiteness of the day becomes distinct from the blackness of the night at dawn, then complete the fast till night, and have not contact with them while you keep to the mosques; these are the limits of Allah, so do not go near them. Thus does Allah make clear His communications for men that they may guard (against evil).[Baqarah:187]
The sahaba differed with regard to the fast times. The last part of the ayah was revealed later.
Th Evidence: Allah said 'min al fajr'
The prophet said eat and drink until you hear the adhan of Ibn Makhtum. The scholars say suhoor is the second half of the last third of the night therefore this means one cannot be eating when the light of day appears. Sometimes you get ppl making adhan 5 mins before fajr to be careful and taking preventative measures. This is a type of extreme. Allah has already set the time to eat until fajr.
There is a concept of perpetual twilight in high altitude. This is when the sun doesn't completely set before it rises. This is the 18 degree rule. We should follow it in the event of nothing being clear to us.
When we are eating, and we hear the adhan, we should not swallow that which is in your mouth and Allah knows best. There is no clear evidence, therefore we should stick to the asal.
The end time of fasting is when the sun sets. I.e. Maghrib
Specific way: The concept of abstaining from food, drink and innate desires. Proof of eating and drinking is in surah Baqarah: 187. Otherwise there would have been no reason to say min al fajr. All the actions of the son of Adam are for him, except fasting. Allah knows and will reward him. Allah says in the Hadith that 'he will leave his eating and drinking and desires for My sake'. Also from the abstentions is staying away from sexual desires. The evidence shows that when we fast, it teaches us that we can stay away from halal.
'If you understood jahannam, you'll understand how difficulty it is to do haram'
What is stated is that the night is permissible for you to satisfy your desire with your wife therefore the implied is that the day is impermissible for you to do that.
We need to understand that there's the physical and the spiritual dimension. There is the complete form of fasting which entails you getting complete reward. This is fasting in a way where you leave immoral statements. Many a time we fast the whole month of Ramadan and then eid comes and we celebrate it in the worst way.
Fasting in Ramadan' - what is Ramadan? It comes from the word Ramda, which the Arabs used to use which means intense heat. It's the colour we see as burnt ash. Some scholars say it's because Ramadan burns our sins (weak Hadith), some say its Allah's name (weak Hadith), some say its a balance between dunya and akhirah. The strongest opinion is when the name was named, it was during excessive heat. The author says 'Ramadan' and not month of Ramadan.
There are three opinions regarding this:
1. According to the Malikis, it is disliked saying Ramadan without saying month (shahru Ramadan)
2. Majority say it's ok
3. Shafi'i say it's ok to say Ramadan if people know you're referring to this month. The evidence for this is what the Prophet said.
Mandatory. The author says it's wajib ul ayn on those who fit the criteria. It entails reward for those who practice it and punishment for those who leave it. Their accounting is with Allah. The evidence is in Surah al Baqarah:
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمُ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِن قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ
O you who believe! Fasting is prescribed for you, as it was prescribed for those before you, so that you may guard (against evil). [Baqarah:183]
The author moves on in a systematic way:
Fasting becomes mandatory upon the occurrence of one of the following three things: the completion of thirty days of Sha’ban
The end of the month is understood when two things happen : 1. 30 days have been experienced and 2. We witness the crescent on the 29th night.
The sighting of the crescent (hilaal) of Ramadan,or the presence of clouds on the night of the thirtieth of Sha’ban that prevents its sighting. The third view is the famous view of the hanbali. This is the night of doubt. If there is anything obscuring the sighting the moon, the next day is Ramadan because of the importance of the month. The evidence for this is:
Consider Shaa’baan to be thirty days.”
If one Muslim alone sees the crescent, he should fast.
The authors view is that the person who is sure and has seen the moon, he is certain that the month has started. Is this view of the majority of scholars? Yes it is and Allah knows best.
And if he is trustworthy, people should fast based on his statement. There were actually people like this, people who were trustworthy. In our time, what happens? This time is corrupt and credible people are few. We take the statement of the most appropriate sanad. If one person is trustworthy, the month of Ramadan can enter. If its a testimony, it has to be two men. However if Ramadan begins with statement of one person, then a testimony of two women is valid. Testimony is specific type of khabar.
and they should not break the fast [at the end of Ramadan] except if it is based on the testimony of two trustworthy individuals. For us to understand the beginning of Shawwal, there has to be two. The original rule applies. Fasting is not something easy for people as for eid, it is easy. This is some of the wisdom the scholars have stated.
And he should not break the fast based on his sighting alone. At the end of the month he sights the moon, alone and his testimony is rejected, he should fast. This is because we need to people to affirm the month of Shawwal.
Day 2
If they started the month based on two witnesses or Shaban had 30 days, the fasting of the moth of Ramadan begins. This is the asal. If fasting began based on the fogging of cloud on the 30th night, we consider the next day as 1st of Ramadan because we want to utilise every single day. If we didn't see the moon on the 30th night of Ramadan, this means we started fasting on the wrong day and a mistake was made. There's a saying: once the mistake is established, which makes clear to us the incorrect situation, we no longer make rulings on that matter. We need to rectify it. How? They do not break their fast until they've observed 60 days from shaban. The max days there can be are 30 days.
And if the captive was confused regarding the months, he should do his best to figure it out and fast.
And if his fasting coincided with the month or after it, it would suffice him, but if it was before, it would not.
Obviously the author thought this to be important and a pressing ruling. This gives us an idea of the historical events that took place during the times of the fuqaha. This method is easy for them, Allah is making it easy for them.
The author is moving onto the exceptions
Chapter of The Rulings of Those Exempt from Fasting.
Breaking the fast is permissible in Ramadan for four types of people:
1. The first is the ill person who would be harmed by fasting and the traveler who is permitted to shorten the prayer.
We know our shariah is built on the concept of mercy. It includes the elevation of difficult. E.g if you have to eat haram meat to survive. Fasting has difficulty but it doesn't become impossible but there are obviously exemptions. The shariah requires us to make effort but difficulty there are things we can withstand.
What is difficulty?
Difficulty is of two types:9
1. Difficulty we can withstand
2. Difficulty we cannot stand
What type of illness that exempt us from fasting? 3 types
1. A sickness that will increase
2. A sickness that Will take longer to cure
3. Even if one fasts, his sickness won't increase or take longer but he'll feel a fast a way that he doesn't normally feel
What makes one a traveler?
Allah tied the concept of leaving fasting while traveling to travel and not difficulty. This is in the wisdom of Allah. Difficulty is subjective and the doors of ijtihaad for this issue is not open. The correct opinion is that it is better for you to fast if you can. It is a concession that Allah has given you. Allah knows best. It's faster in lifting the obligation if you fast. If you fast outside, you are in debt to Allah until you do.
We should not look down on people who eat during travel.
Evidence: We used to go to battles with the Messenger of Allah, sallalahu alayhi wa sallam during
Ramadan, and some of us would be fasting and some would not. The ones who fasted and the ones who broke their fast did not condemn one another. They [the Companions] used to think it is better for one who finds sufficient strength in himself to fast, and for one who feels weak, it is better to break the fast.”
2. The second type is a menstruating woman and one having postpartum bleeding. They break their fast and make up for [those days], and if they fasted it would not be valid.
This is from the mercy of Allah.
3. The third type is a pregnant woman and one who is breast feeding. If they fear for themselves, they break their fast and make up for it. And if they fear for their unborn child, they break their fast and make up for it and feed one poor individual per day
These two entities can experience difficulty. They fear for themselves or the fear for the unborn child.
Fear is established to a medical doctor. Whichever phase she fears harm, she can make the decision.
It doesn't matter about formula milk as Allah has put mercy in this. The evidence is in Baqarah: 185
أَيَّامًا مَّعْدُودَاتٍ فَمَن كَانَ مِنكُم مَّرِيضًا أَوْ عَلَىٰ سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ فَمَن تَطَوَّعَ خَيْرًا فَهُوَ خَيْرٌ لَّهُ وَأَن تَصُومُوا خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ
For a certain number of days; but whoever among you is sick or on a journey, then (he shall fast) a (like) number of other days; and those who are not able to do it may effect a redemption by feeding a poor man; so whoever does good spontaneously it is better for him; and that you fast is better for you if you know. [Baqarah:185]
This ayah allows the woman to postpone her fasts
Ibn ‘Abbas’s position is strong and is merciful to women who may be nursing or pregnant for many consecutive years.
2 Ibn 'Abbaas recited the following verse:
"And for those who can fast [but do not], there is a "ransom': the
feeding of a person in need." (Al-Baqarah:185).
Then, he said: "It has not been abrogated. [Its ruling applies] to elderly men and women who are not able to fast. Instead, they must feed one poor person per each day they do not fast."(Bukhari)
This ruling was applied to everyone in the beginning. But, was then kept only for those who can fast albeit with hardship, such as the ones mentioned by Ibn ‘Abbaas and those who do hard labor.
What is expected from the woman?
There are four opinions
1. Ibn Qudamah says she makes up the fast and feeds poor person for each day she missed because of the fear she has for her child. This is also the view of the madhab. She has left fasting for someone else. This is a principle in the Hanbali fiqh. Upon you is to feed the poor and make up the fast.
2. It is only upon her to observe the qadah. This is the view of the Hanafi madhab
3. She only has to feed and not observe the qadah. This is the view of Ibn Abbas and some of ahlul Hadith. The proof they cite is from the Hadith of another Anas Ibn Malik 'Allah has lifted of the traveler half the prayer and fasting of the nursing and pregnant female'. This can be refuted, as a traveler has to make up the fast therefore this applies to the pregnant woman
4. The view of imam Malik is that the pregnant female does qadah and the nursing woman, she observes qadah and the feeding of the poor.
4. The fourth type is the person who is incapable of fasting because of old age or an incurable disease. In this case he should feed one poor individual per day.
The same evidence applies
How much do we feed?
There are two opinions:
1. Quarter of a sa'a (750g)
2. Imam Abu Hanifa said half a sa'a. (1.5kg)
The one who gives extra from himself then that is good.
The author then mentions the predominant view of the Hanbali madhab:
And as for the rest of those who break their fast, they should make up [those days] only except for the one who broke his fast by intercourse.
There comes a time when there is extra to be practiced. This ruling is concise to marital relations. According to Hanafis, the severe penalty applies to you. Why? The penalty is applicable to disrespecting the sacredness of the time. The majority of the scholars say the kaffara applies to when you break your fast for satisfying your sexual desires.
Evidence:
Abu Hurairah narrated that a man came to the Prophet, sallalahu alayhi wa sallam and said, “I am doomed.” The Prophet, sallalahu alayhi wa sallam asked, “Why?” He said, “I had intercourse with my wife in Ramadan.” The Prophet, sallalahu alayhi wa sallam said, “Free a slave.” He said, “I can’t afford it.” The Prophet, sallalahu alayhi wa sallam then said, “Fast for two consecutive months.” He said, “I can’t.” The Prophet, sallalahu alayhi wa sallam said, “Feed sixty poor persons” He said, “I can’t afford it.” Then a large container of dates was brought to the Prophet, and he sallalahu alayhi wa sallam said, “Where is the one who was asking?” He
answered, “Here I am.” The Prophet sallalahu alayhi wa sallam said, “Take these and
give them in charity.” The man said, “Is there anyone needier than us, O Messenger of Allah? I swear by Him who sent you with the truth, there is no household between the two lava hills (in al-Madeenah) that is needier than my household.” The Messenger of Allah sallalahu alayhi wa sallam smiled until his eyeteeth were visible,
then he said, “Then, it is for you.”
This ruling is specific to marital relations therefore is there qiyaas in ibadah?
Can we choose the kaffara?
No we cannot. There is no choice in the matter as the Prophet sallalahu alayhi wa sallam asked the man in stages. Some scholars say the kaffara covers the qadah.
What happens if you miss a fast? You have to start again. However if a shariah excuse comes to play, then you are excused and it doesn't affect the nature of the consecutive fasts.
In this case, he must make it up plus free a slave, and if he could not, he should fast two consecutive months, and if he could not, he should feed sixty individuals and if he could not, then the burden is lifted from him.
There's nothing the Prophet, sallalahu alayhi wa sallam stipulated that this was upon him.
The author then says:
And if he had intercourse and did not expiate until he had another intercourse, then one expiation only is due on him and if he expiated and had intercourse a second time, then a second expiation is mandatory on him.
Every day in Ramadan has sanctity and if you break that sanctity, you pay the kaffara. Even though you break your fast, you still have to refrain from eating, drinking and no sexual relations.
Multiple offences in one day just means one kaffara but if multiple over multiple days, then multiple kaffara.
And every one who is required to abstain [from the nullifiers of fasting], in Ramadan, and had intercourse, should expiate.
And he who defers to make up the days for an excuse until the next Ramadan comes, nothing is required of him except making it up.
If someone is excused from fasting, ie traveling and you practice the act, the kaffara doesn't apply to you.
And if he procrastinated without an excuse, then he should feed one poor individual per day.
If you delay making up the fast and have a valid excuse, then nothing is required except to make it up. But according to Hanbali madhab, if delayed with no real reason, you make up and feed the poor. If fasts are upon a person and person passes away, nothing is required. If the person makes a vow to fast and then passes away, someone needs to make it up for him.
Invalidating the fast
1. Eating or drinking. Our mouth is a normal input for water.
2. Takes anything through his stomach through his nostrils. The evidence for this is: Sniff water far into your nostrils unless you are fasting.” (Abu Dawud;
Albani: Auth.)
3. Other routes
4. Intentionally vomits. The evidence is: He who is overwhelmed by vomiting does not have to make up, but he who intentionally vomits must make up.” (Tirmidhi, and authenticated by Ibn Khuzaimah and Ibn Hibban and others). There's some consensus between scholars that if you vomit a mouth unintentionally or intentionally, their fast is invalidated.
5. The one who masturbates. The scholars have differentiated between this and satisfying wife in terms of kaffara but the same for invalidating
6. Kissing or touching spouse and ejaculating. This is clear in terms of ejaculation. Madhi does not invalidate the fast. This is not the view of the author.
7. Hijamah done or performed.
The evidence for this: That is the correct position of the Hanbali school of thought. The majority does not consider hijamah to break one’s fast. The disagreement is because the Prophet sallalahu alayhi wa sallam said:
him break their fast.” (Abu Dawud; Albani: Auth.)
Yet, many of the sahabah considered this to be abrogated and allowed
bloodletting while fasting, and they include Anas Ibn Malik who indicated that it was initially forbidden out of fear that they may become weak. (Bukhari) It was also reported from Ibn ‘Abbaas (may Allah be pleased with him) that he said:
"Both the one doing bloodletting and the one having it done to
“The Prophet had hijamah done to him while he was between Makkah and al-Madeenah while he was fasting and in the state of Ihram.” (Bukhari and Tirmidhi, and this wording is from Tirmidhi)
It may be a good way to reconcile the reports if we consider hijamah while fasting to be disliked.
This is so because it weakens the person and may cause him hardship while fasting, or even cause him to break his fast.
If one does any of the above out of forgetfulness, he is excused. This is deduced from the fact that a person has to be knowledgeable, aware, and choice
These Acts Do Not Break the Fast
And if flies flew into his mouth or dust - the author has been speaking about issues of the time. We should read this and be thankful
He made madmadah (mouth rinsing) or istinshaq (sniffing of water into the nostrils and blowing it out) and water reached his pharynx, or if he thought [about sex] and ejactulates
or discharged drops into his urethra or had a wet dream or
was overwhelmed by vomiting, his fast is not nullified.
Mistakes
And if he ate thinking it was night and it turned out to be day, he must make up the day, and if he ate doubting the beginning of fajr time, his fasting is not nullified and if he ate guessing that Maghrib was in, he must make up [if he was wrong]
This is where the teacher ended. All good you find is from Allah and any mistakes are from myself
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