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If A Traveler Comes Not Fasting, He Does Not Have To Refrain From Eating And Drinking
EsinIslam
Ramadan
The Awqaf -
Living Shariah
I was traveling and I broke my fast, then I came
back to my city not fasting. Is it permissible for me
to eat and drink when I am in my own city?.
Praise be to Allaah.
If a traveler comes home not fasting, or if a woman
becomes pure following her period, or a sick person
recovers during the day, the scholars differed as to
whether these people have to refrain from eating and
drinking or not?
The majority of scholars are of the view that they do
not have to refrain from eating and drinking because
they were not fasting for a valid reason.
But they should not eat and drink openly in front of
those who do not know what their excuse is, so that
will not be a cause of others thinking badly of them.
See al-Majmoo’, 6/167, 168, 173/
Ibn Qudaamah said in al-Mughni:
With regard to those who are permitted not to fast at
the beginning of the day – such as menstruating women,
women who are bleeding following childbirth,
travelers, young children, the insane, kaafirs and
those who are sick – if their excuse for not fasting
ceases during the day, and the menstruating woman or
woman who was bleeding following childbirth becomes
pure, or the traveller’s journey ends, or the child
reaches puberty, or the insane person comes to his
senses, or the kaafir becomes a Muslim, or the sick
person recovers, then there are two reports concerning
their situation, one of which is that they should
refrain from eating and drinking for the rest of the
day. This is the view of Abu Haneefah…. The other view
is that they do not have to refrain from eating and
drinking for the rest of the day. This is the view of
Maalik and al-Shaafa’i. It was narrated that Ibn
Mas’ood said: “Whoever eats at the beginning of the
day let him eat at the end.”
Shaykh Ibn ‘Uthaymeen was asked: I heard that you
issued a fatwa saying that if a menstruating woman
becomes pure during the day in Ramadaan, she may eat
and drink and need not refrain from that for the rest
of the day, and the same applies to a traveler who
comes home during the day. Is this correct? What is
the evidence for that?
He replied:
Yes, what you have heard, that I said that if a
menstruating woman becomes pure during the day, she
may eat and drink and need not refrain from that for
the rest of the day, and that the same applies to a
traveler who comes home during the day, is correct.
This is one of the two views narrated from Imam Ahmad
(may Allaah have mercy on him), and it is also the
view of Maalik and al-Shaafa’i (may Allaah have mercy
on them).
It was narrated that ‘Abd-Allaah ibn Mas’ood (may
Allaah be pleased with him) said: “Whoever eats at the
beginning of the day let him eat at the end.” And it
was narrated that the faqeeh Jaabir ibn Yazeed,
Abu’l-Sha’tha’, who was one of the imams of the
Taabi’een, came home from a journey and found that his
wife had become pure from her menses that day, so he
had intercourse with her. These two reports were
narrated in al-Mughni, without comment.
Because there is no point in refraining from eating or
drinking, since fasting is only valid if done from
Fajr.
And it is permissible for these people not to fast at
the beginning of the day, even though they know that
it is Ramadaan. Allaah has only commanded us to
refrain from eating and drinking from the beginning of
the day, from the time of Fajr (dawn), but at that
time these people were not subject to this obligation,
so they were not required to refrain from eating and
drinking.
And Allaah has commanded travelers and menstruating
women to make up the fast from other days. If we
expect him to refrain from eating and drinking then we
would be demanding more of him than Allaah has
enjoined. because in that case we would be asking him
to refrain from eating and drinking on that day as
well as being required to make it up, so we would be
expecting him to do two things even though only one of
them is required, which is making up the number of
days missed. This is the clearest evidence that we do
not have to refrain from eating and drinking at this
time… but we should not eat and drink openly because
that may lead to negative consequences.
Fataawa al-Siyaam, p. 102.
Al-Nawawi said in al-Majmoo’, 6/174.
If a traveler comes home during the day in Ramadaan
and is not fasting, and finds that his wife has become
pure from menses or nifaas during that day, or has
recovered from sickness and is not fasting, then he
may have intercourse with her and does not have to
offer any expiation in our view.
Ramadan Team
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EsinIslam.Com
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