Siyam Fasting
Siyam Fasting – Rules and verdicts on fasting in the Shafi’i school
Fast Days Broken by Sexual Acts other than Intercourse
Question:
What should be done to make up fasts broken by other sexual acts besides intercourse between married persons? I.e. is there no kaffarah but just making up the fasts and paying the penalties for the years the fast were not made up?
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
If one invalidates a Ramadan fast day by having sexual intercourse, then he must make up the fast and also give the major expiation. If one engages in a sexual act besides intercourse until he ejaculates, then the fast day must be made up. Sh. Ahdal stated:
إذا جامع امرأة بشهوة أو بغيرها سواء أنزل أم لا بطل صومه ووجبت الكفارة العظمى وإن باشرها فيما دون الفرج بطل صومه إن أنزل ولا كفارة عليه وإلا فلا يبطل صومه إلخ
“If he had intercourse, with or without desire, whether he ejaculated or not, his fast is invalidated and a major expiation is due. And if he engaged in other sexual activity with her, not in the vagina [or anus], his fast is invalidated if he ejaculated and no expiation is due; and if he did not ejaculate, then his fast is not invalidated….” (‘Umdat al-Mufti wa al-Mustafti 1/213)
Thus, the fasts will need to be made up if invalidated because of such sexual activity, as mentioned above. And the penalties paid for delays in that.
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
Read MoreFasting When Finding Morning in a State of Sexual Defilement
Question:
Assalaamu alaikum wa rahmatullahi wa barakaatuhu,
Dear sheikh, in the month of Ramadaan, if a married couple had sexual relations (between esha and suhoor), however, they overslept for suhoor but made it just in time to ghusl and make fajr salaah. Is fasting for that day still valid? If I’m not mistaken, according to the Hanafi math’hab it is permissible to continue fasting in that situation. Is it the same for the Shawaafi’? Jazaakumullah.
Country: South Africa
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
The validity of the fast for one in such a state is the opinion of the majority. The ruling is based on evidence from both the Quran and Sunnah.
In the Quran, Allah says, “Now have relations with them and seek that which Allah ordained for you, and eat and drink until the while thread (light) of dawn appears to you distinct from the black thread (darkness of night), then complete your fast until nightfall.” (Surah al-Baqarah 187)
Thus, one may enjoy one’s spouse until morning, and that will necessitate finding morning in a state of major ritual impurity.
In the Sunnah, Imams Muslim, Abu Dawud, and Ahmad all relate on the authority of ‘A’ishah (Rady Allahu anha) that the Prophet Muhammad said, “The prayer [i.e. fajr] reaches me while I am in a state of major ritual impurity, then I fast.”
Also, Imams Bukhari and Muslim relate on the authority of ‘A’ishah and Umm Salamah that the Prophet Muhammad would find morning in a state of major ritual impurity and then he would fast; that was in Ramadan.
(See: Sharh al-Muhadhdhab 6/308)
Therefore, if one is in a state of major ritual impurity from having had sexual relations, and finds morning in that state, then the fast is valid.
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
Read MoreMay Make-Up Fasts be Performed with the Six Days of Shawwal?
Question:
Assalamu ‘Alaykum wrwb,
When is the right time for qada fast of Ramadan (due to menstrual period)? I mean, can a woman perform qada fast during the first six days of Shawwal? Jazaakallahu khairan.
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
It is permissible for her to perform her make-up fasts from Ramadan during the first six days of Shawwal. Also, it is permissible for her to perform her make-up fasts from Ramadan along with her fasting for the six days of Shawwal. To get the full reward one must first perform all their Ramadan fasts, and then follow them with the fast of the six days of Shawwal. (Hashiyat al-Bujayrimi v. 2, p. 89; Hashiyat al-Jarhazi v. 2, p. 393-94; Nihayat al-Muhtaj v. 3, p. 205)
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
Read MorePerforming the Fasts of Mon and Thurs with a Make-Up
Question:
Can one perform make-up fasts along with the fasts of Monday and Thursday?
Answer:
It is permissible to perform the fasts of Monday or Thursday along with a make-up fast. (al-Fatawa al-Kubra al-Fiqhiyyah v. 2, p. 90)
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
Read MorePerforming Sunnah Fasts before Missed Fard Fasts
Question:
As salamu alaikum,
A woman has to fast what she missed during Ramadan due to menstruation. Can she fast sunnah fast without yet fulfilling the missed fard fasts? Jazakallah. May Allah have mercy on you!
Country: Sri Lanka
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
It is permissible for her to fast sunnah fasts before completing the fasts missed due to menstruation or any valid excuse; yet if the excuse is not valid, then the missed obligatory fasts must be performed immediately. She must not delay in making up missed fasts until the next Ramadan. (I’anat al-Talibin v. 2, p. 395) Yet, it is disliked to perform supererogatory fasts before one has made up the missed obligatory fasts. (Nihayat al-Muhtaj v. 3, p. 208)
And Allah knows best.
Answered by: Ml. Tariq Muhammad
Read MoreCan a supererogatory fast be intended before zawal?
Question:
As salaamu alaykum wa rahmatuLlaah,
For nafl fasting, we are allowed to make the “niyyah” day time also, before “zawaal”? What is the “asl” behind fixing the time limit to make the intention of fasting as “zawaal”?
Country: India
Answer:
Wa alaykum salam wa rahmatuLlahi wa barakatuHu,
For a supererogatory fast [nafl], one must make the intention anytime before the sun passes its zenith; so long as one did not do anything to invalidate the fast. (Mughni al-Muhtaj v. 2, p. 149-50)
This is supported by the hadith where the Prophet Muhammad would ask his wife A’ishah (Rady Allah anha) if there was anything to eat. When she would reply in the negative, he would fast. And when she would reply in the affirmative, he would not fast. (al-Sunan al-Kubra v. 4, p. 275 with a sahih isnad) In some narrations, the word غذاء is found; this word is specific to food eaten during that part of the day, i.e. before zawal. (Mughni al-Muhtaj v. 2, p. 150)
And Allah knows best.
Shafiifiqh.com Fatwa Dept.
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