Q: “I was fasting and I passed through a restaurant and as a result of looking at the succulent and luscious (yum-yum) food on offer, it resulted in me having an unstoppable craving for the food itself and I felt then that I couldn’t keep my fast any longer. I ended up making the intention to break my fast there and ordered the food but I stopped short of eating it because I felt guilty. Is my fast broken because I intended to break the fast just as it definitely would in the case of the Salah according to the Shafii school? Must I now make qada of this fast day? Have I sinned?”

A: “

Al-hamdulillah alladhi farada al-sawm li-jihad al-nafs wa-s-shaytan wa-s-salat wa-s-salam ‘ala sayyidina Muhammad azka l-anam sharafan.

Allahumma hidayatan li-s-sawab!

To intend leaving the fast [siyam] or intending to break the fast wilfully and consciously, will not invalidate [mubtil] the fast. The fast is only invalidated when the person fasting [sa'im] does one of the ten acts that breaks the fast [muftirat; such as performing sexual intercourse or in your case, eating that irresistible food]. This is different from the case of prayer [Salat], for the person who is in prayer [musalli] could vitiate the prayer by merely intending to leave his or her prayer (although it is Haram to do so if there is no valid excuse ['udhr]). This is because the act of praying is more exact and limited in its scope and form, than any other acts of ‘ibada and worship. To merely intend leaving the act of fasting or I’tikaf [spiritual retreat] or Hajj or ‘Umra, without it being followed by some other extrinsic factor that invalidates that particular act, does not invalidate it.

This is made clear by Imam al-Bajuri (may Allah be pleased with him!) in his Hashiya of the Fath al-Qarib:

“Qadi Abu Shuja’: [Among the 11 things that invalidate the prayer is] to change one’s intention (Ibn Qasim: such as to intend to leave the prayer). ((al-Bajuri: Ibn Qasim’s [exact] words, “the prayer” [indicates that this] is contrary to the case when someone intends to leave either the fast or the I’tikaf or the Hajj or the ‘Umra, for neither of them can be invalidated [by changing one's intention]. This is because the prayer is a more restricted type [of 'ibada] than any of them.))” [al-Bajuri, Hashiya, 1:179].

+Fa’ida for students of fiqh+ The legal distinction between the prayer and other types of ‘ibada is that the latter acts could not be invalidated by changing one’s intention [taghyir al-niyya] (for example, of performing the fast to something else), because, unlike the prayer, to not change one’s intention of the ‘ibada is not stipulated as one of the conditions [shart] of the ‘ibada itself.

My dear brother, we humans are indeed weak creatures! Although fasting has been prescribed for us and for those before us so that we may discipline our egos and fight the devil, we are certainly not infallible like the prophets. For this very reason, we must take all the precautions available to us, whether necessary or suggestive ones, in order that we may achieve Ihsan and excellence in whatever ‘ibada we are performing. Alhamdulillah, in this particular case, your changing the intention did not lead to breaking the fast itself, but this was certainly a “near miss” incident, and again we thank divine protection for this mercy. Although you have managed to keep to the minimum fiqhi limits and although your fast was not invalidated by looking ‘lustfully’ or with shahwa [the "pleasure of the senses" or our "carnal appetites" (which incidentally is not limited only to the pleasures of our sexual organs but also to our digestive ones as you yourself garishly described it: "as a result of looking at the succulent and luscious (yum-yum) food on offer")], it nevertheless goes against the spirit and wisdom of the fast. The adab of this ‘ibada requires that we do not slobber over food and drool over the objects, sabab and causes of shahwa. The fiqhi ruling for looking at what gives rise to shahwa while fasting is Makruh [offensive], and it is more godfearing [Wara'] to avoid shahwa, even though they are Mubah [permissible] when not fasting. (That is why we learn from the science of Tasawwuf, the fast in fact makes things which are normally Halal, Haram–so how do we measure indulgence in Haram things during a fast?) Indeed, for our case, avoiding looking at the world with shahwa becomes a preventative measure for us, and by not breaking this rule (even when it is not Haram and by breaking it we are not sinning) it becomes a means for us to prevent the lower-half of our nafs getting the better of us……..”

>> Read the complete answer by Shaykh Muhammad Afifi al Akiti

Answered by Ustadha Shazia Ahmad

Fasting six days of Shawwal is like fasting one year. But does that mean that fasting 3 days of Shawwal is like fasting half the year? What if one fasts less than 6 days of Shawwal?

There is no such hadith that says fasting only six days of Shawwal is like fasting the whole year. One must first fast Ramadan, as well.

The hadith that has come of the Prophet, Allah’s peace and blessings be upon him, is: “Whoever fasts Ramadan, then follows it with six from Shawwal, it is as though he fasted all of time.”

All of time implies the whole year, for if one did this every year, it would be all of time.

It says in Nuzhat al-Mutaqin, the commentary on Imam Nawawi’s Riyad al-Salihin (2/132), that, “Whoever fasts Ramadan and follows it up with six from Shawwal, it is as though he has fasted all of time, because each day is equivalent to ten days, ‘Whoever performs a good deed, he will have ten like it’. So Ramadan would count as ten months and six days multiplied by ten would equal two months. It is best that one fast the six altogether and directly after the day of `Eid.”

According to the above, our understanding is that the reward of one’s fasting is according to how much one fasts. If Allah accepts our fasts, and then counts each one as equivalent to ten, it will be considered as such, from His limitless mercy. Although a hadith has not come to us about fasting less than six in Shawwal, one can assume that his worship would not be complete unless he performed the full number.

And Allah knows best.

SunniPath 

Q: If someone has a fast of Ramadan to makeup, can he make it up on six days of shawwal with two intentions; to get the reward of fasting six days of Shawwal and making up his missed fasts of Ramadan?

In the Name of Allah, Most Merciful and Compassionate

A: According to Imam Ibn Hajar al-Haytami, one obtains the reward of fasting the six days of Shawwal if one intends the sunna fast of Shawwal along with the makeup fast of Ramadan. This is the strongest position in our school. Other scholars of our school, such as Abu Makhrama, said that this is not valid. If you have the resolve, it would be superior to follow the way of caution, which is to fast the makeups and the sunna fasts of Shawwal separately (Bughyat al-Mustarshidin, 113).

And Allah knows best.

Shaykh Hamza Karamali

SunniPath 

Since the opinion of Imam al Hafiz Ibn Hajar al Haytami is the strongest position, this should be our answer.

A group of sisters want to know the rulings related to the fasting of pregnant and nursing women, and what’s required of  them in terms of expiation, etc.

Answered by Shaykh Amjad Rasheed

The discussion of a pregnant (or, similarly, nursing) woman’s fast is divided into:
1. the legal ruling regarding her fasting or breaking her fast,
2. what is required of her in terms of making up missed fasts,
3. what is required of her in terms of monetary penalty (Ar. fidya) if she breaks her fast, and
4. the amount of the monetary penalty.

>> Read more here

I have the following questions about the fidya that must be paid if a woman does not make up the fasting days she missed during Ramadan before the next Ramadan:

1. What is the fidya that she must pay, if any?
2. Is it additive (i.e., does it accumulate from year to year)?
3. Can she feed all the people on one day at a big feast?
4. What qualifies as an excuse for not making up these days? For example, if one never knew that it was obligatory to make up missed fasts before the next Ramadan despite being raised Muslim, does one still have make them up? 

Shaykh Hamza Karamali answered as follows >> read here

السؤال: هل يفطر الصائمُ بما ينـزل جوفه من بقايا الطعام بين أسنانه ؟

الجواب : إن جرى الطعامُ من بين أسنانه ولم يمكنه تمييزُه وإخراجه حال جريانه فلا يفطر ؛ لأنه معذور . أما إن أمكنه تمييزه وإخراجه فقصَّر بطل صومه ، ولذا يتأكدُ للصائم تخليل أسنانه ليلاً كما تجد التصريح بذلك كله في “التحفة” وحواشيها .

If some food has passed through one’s teeth and he wasn’t able to distinguish it and get it out before it went down his throat, his fast has not been broken, for he is excused.

However, if he was able to distinguish it and get it out, and he didn’t, then his fast is broken. For this reason, a fasting person should clean between his teeth at night, as is stated in the Tuhfa and its super-commentaries.

Shaykh Amjad Rasheed 

[Translated by Sr. Shazia Ahmad]

السؤال : هل يجوز للصائم مضغُ العلك ؟

الجواب : إن كان ينفصل عن العلك عينٌ تخالط الريق فتصل إلى الجوف فهو حرامٌ مبطلٌ للصوم ، أما إن كان مجردَ مضغ لا يصل منه عينٌ إلى الجوف فهو جائز لكنه مكروه لأنه يعطش ولأن بعضهم قال: إنه مفطر ، كما أشار إليه في “التحفة” (3/425) .

If a substance separates from the gum such that it mixes with the saliva and reaches the body cavity, then it is haram and it invalidates the fast.

However, if it is merely chewing it and no substances reaches the body cavity, then it is permissible but disliked, because it makes one thirsty, and because some have said that it invalidates the fast, as it was indicated in the Tuhfa of Ibn Hajar, (3:425).

Shaykh Amjad Rasheed

[Translated by Sr. Shazia Ahmad]

السؤال: إذا نام الصائم جميع النهار هل يصح صومه ؟

الجواب : نعم يصح صومُه ؛ قال في “المنهاج” مع “التحفة” :” ( ولا يضر النوم المستغرق ) لجميع النهار ( على الصحيح ) لبقاء أهلية الخطاب فيه “. اهـ

Yes, his fast is valid. It says in the Minhaj with the Tuhfa, “Sleeping the whole day does not affect the fast according to the sound position, because the individual remains fit for legal responsibility.”

Amjad Rasheed

السؤال: هل الكذبُ والغيبةُ والنميمةُ تُبطل الصوم ؟

الجواب : الغيبةُ والنميمةُ والكذبُ ونحوها من المعاصي تُبطل ثوابَ الصوم لا نفسَ الصوم ؛ فمن فعل شيئاً من ذلك لم يبطل صومُه لكن يفوته ثوابه كما في الحديث :” ربَّ صائمٍ ليس له من صومه إلا الجوع والعطش “.

فلذا يتأكدُ على كل صائم اجتناب المعاصي زيادةً على تأكده في غير الصوم ، وفي الحديث :” مَن لم يدعْ قولَ الزور والعملَ به ، فليس لله حاجة في أن يدع طعامه وشرابه “. فبينَ أنّ المقصودَ الأعظمَ من الصوم يتحقق في تهذيب النفس وصونها عن المعاصي لا بمجرد ترك الطعام والشراب فإن هذا يطيقه البر والفاجر ، وإلى هذا أشار الحقُّ تعالى في آيات الصيام حيث قال : ( لعلكم تتقون ) .

أما ما يروى :” خمسٌ يفطرن الصائم : الغيبة والنميمة :والكذب والقبلة واليمين الفاجرة “. فهو حديثٌ باطلٌ كما قال الإمام النووي في “المجموع” ، ولو صحَّ لكان المرادُ منه بطلان الثواب كما قال الإمام الماوردي ، ونقله ابنُ حجر في “التحفة” (3/424)

Lying, backbiting and tale-telling and others such sins that take away the reward of fasting, but do not invalidate the fast itself. Whoever does such a thing, his fast is not broken, but he loses the reward of it, as has come in the hadith, “How many may fast but get nothing from their fast except hunger and thirst.”

For this reason, a fasting person should avoid these things even more than a person who is not fasting, for it has come in a hadith, “Whoever does not leave speaking ill and acting by it, then Allah has no need to give him food and drink.”

It is clear that the great purpose of fasting is to try controlling the nafs (ego), and keeping it from disobedience, not just by leaving food and drink, because this is done by the pious and the sinners, alike. The Real, Most High (Allah) has indicated this in His verses of fasting, where He has said, “….so that you may have taqwa”.

As for what was related from the Prophet (peace and blessings be upon him) that, “Five things invalidate one’s fast, backbiting, tale-telling, lying, kissing and the false oath”, this hadith is false, as Imam al-Nawawi said in the Majmu`. If it was authentic, the meaning of it would have been loss of reward, as Imam al-Mawardi has said; Ibn Hajar related it in the Tuhfa (3:424).

Amjad Rasheed

[Translated by Sr. Shazia Ahmad]

السؤال : هل يجوز للصائم أن يتمضمضَ لتقليل جفاف فمه خصوصاً في البلاد الحارة ؟

الجواب : نعم يجوز له ذلك ، لكن ليتنبه من وصول شيء من ماء المضمضة إلى الجوف فإنه مبطلٌ للصوم ولو لم يبالغ في المضمضة ؛ لأنها أمرٌ غير مطلوب .

Yes, it is permissible. But, he should be careful about any water reaching his body cavity, for that would break his fast, even if he doesn’t exaggerate in his rinsing, because this is an action that is not required.

Amjad Rasheed

[Translated by Sr. Shazia Ahmad]