Saturday, July 28, 2012

Book of Fasting: The fasting of a person that becomes Junuban (impure)

We are serialising some sections from the draft translation of  الجامع لأحكام الصيام ‘Al-Jami li Ahkam as-Siyam’ (A complete guide of the rules of fasting) by Sheikh Abu Iyas Mahmoud bin Abdul Latif al-Uweidathis Ramadhan, please note this is a draft translation so please overlook errors.   

The view of the majority is that the fast remains valid and there is no qadaa for it if the fasting person awakes in an impure state without any difference to whether the janaabah (state of impurity) arises from intercourse, dreaming or desire. An-Nawawi is firm in that the Ijmaa of the Ulamaa has settled on that. Ibn Al-Eid said that it has become an Ijmaa or like an Ijmaa.  Ibn ‘Abdil Birr reported from Al-Hasan bin Saalih and Ibraaheem An-Nakhi’ the obligation of Qadaa in the obligatory (fard) but not extra recommended (Tattawu’) fasts. Al-Mawardi reports that the difference is in the right of the impure person in relation to the one who has performed intercourse whilst in the case of ejaculation whilst dreaming there is consensus in that the fasting is valid. At-Tirmidhi said: A group of the taab’een said: If you wake up Junuban (impure) then you make qadaa for that day. This is the summary of statements and opinions in this mas’ala (issue). In order to get to the correct opinion then it is necessary to examine the following Ahaadeeth that are related to it:

1)      ‘Aa’isha (ra) said:
Al-Bukhaari (1831), Muslim, An-Nisaa’i, Ahmad and Ibn Hibbaan. Muslim (2591) also narrated from her (ra):
Al- Bukhaari (1930) and Muslim also narrated from ‘Aa’isha (ra) that:
<>. There is also narrated a Hadeeth with similar wording on the authority of Umm Salamah (ra).

2)      From Abu Younus the Mawla of ‘Aa’isha (ra) reporting about her:
Muslim (2593), Abu Daawud, An-Nisaa’i, Ahmad, Ibn Hibbaan and Ibn Khuzaimah.

3)      From ‘Aa’isha and Umm Salamah may Allah (swt) be pleased with them both:
The Messenger of Allah (saw) would be in a state of Janaabah from one of his wives even after the beginning of Fajr, he would then make Ghusl and fast...>>.
Al-Bukhaari, (1925-6), Muslim, At-Tirmidhi, Ahmad, Ibn Hibbaan and Ad-Daarami in a different wording.

These four narrations are Saheeh and they all mention that the Messenger of Allah (saw) was in a state of Janaabah when Fajr had began due to intercourse with his wives and not because of what occurred in his dream. The fifth report mentions that he would be in a state of janaabah at Fajr without specifying the circumstances. These narrations are clear in meaning to support the opinion of the majority and which nearly all of the Ulamaa and Fuqahaa have agreed with. These evidences are also a (conclusive) reply to those who hold another opinion.

As for what Abu Hurairah (ra) reported from the Messenger (saw):
<>. Ahmad (8130).

In relation to this Abu Hurairah retracted his own verdict as Abi bin Abi Umayyah the brother of Umm Salamah (ra) reported that she told him: ‘The Messenger of Allah (saw) used to wake up junuban and would then fast so Abu Hurairah withdrew his opinion’. Ibn Hibbaan (3500), Ahmad, Tabaraani, At-Tahaawi, Abu Daawud and At Tayalasi with a saheeh sanad (chain).

Abu Bakr bin Abdur Rahman said: ‘I heard Abu Hurairah (ra) say when he was talking: Whoever awakes in Janaabah should not fast. So I mentioned this to Abdur Rahman bin Al-Haarith (his father) and he rejected the verdict so we went together until we reached the residence of ‘Aa’isha and Umm Salamah (ra). Abdur Rahman asked them about this issue. They both said: The Nabi used to wake junaban not due to dreaming (i.e. by intercourse) and would then fast. We then left until we reached Marwaan and Abdur Rahman mentioned the issue to him. Marwaan said: I have made it for you to go and respond to what he is saying. He said: So we came to Abu Hurairah, And Abu Bakr was present the whole time. He said: Abdur Rahman brought up the issue with him so he asked: Did those two (‘Aa’isha and Umm Salamah) say that to you? He said: yes. He replied: They are more knowledgeable and then he retracted what he had been saying to Al-Fadl ibn Abbaas on this issue and then he (Abu Hurairah) said: I heard that from Al-Fadl but I had never heard it from the Nabi (saw). Abu Hurairah (from that time) retracted from what he had been saying about that hadeeth. I asked Abdul Maalik: Did they (‘Aa’isha and Umm Salamah) say it in Ramadhaan? He replied: Likewise (i.e. also in Ramadhaan) he used to wake up Junuban from other than dreaming and then fast’. Muslim (2589), An-Nisaa’i, ibn Maajah, Ahmad, Ibn Hibbaan. The Abu Bakr who narrates this hadeeth is Abu Bakr Abdur Rahman.

Also Muhammad ibn Abdur Rahman ibn Thawbaan said that he heard Abu Hurairah (ra) saying: Whoever ejaculates when he is dreaming or has intercourse with his wives and then fajr arrives upon him and he has not yet made ghusl, should not fast. After that I heard that he had withdrawn this opinion of his.An_nisaa’i in As-Sunan Al-Kubraa (2940) and Ibn Abi Shaibah (494/2) narrated from Sa’eed Ibn ul-Musayyib who said: Abu Hurairah withdrew from his verdict that whoever wakes up Junuban should not fast.
With such proof that Abu Hurairah withdrew his opinion there doesn’t remain any room for argument or doubt for those who have gone against the majority in this issue. 

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