Wednesday, August 01, 2012

The fasting of the Pregnant (Haamil) and Breastfeeding (Murdi’) woman

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-Uweida this Ramadhan, please note this is a draft translation so please overlook errors.   

The following has been reported on this issue:

1)      Anas bin Maalik – a man from Bani Abdullah bin Ka’ab the brothers of Bani Qushair – said:
“The messenger of Allah (saw) said: Sit down, I would like to talk to you about As-Salaah and As-Sawm. Allah (swt) has put aside hal of the Salaah and As-Sawm from the Musaafir (traveller), the one who breast feeds and the pregnant, By Allah he either said both of them together or one of them...”.
Abu Daawud (2408), An-Nisaa’i, Ibn Maajah and Ahmad. This is the lafzh (wording) in the version brought by An-Nisaa’i:
“Verily Allah (swt) has lifted from the Musaafir half of the prayer and also from the one who breastfeeds or is pregnant”.
At-Tirmidhi narrated it and verified it as a Hasan narration.

2)      Anas Bin Maalik (ra) said:
“The Messenger of Allah (saw) has given a Rukhsah (sharee’ah permission) to the pregnant woman to not fast if she fears for herself and also to the breastfeeding woman who fears for her child”.
Ibn Maajah (1668) and Ibn ‘Adi.

At-Tirmidhi stated: ‘ A section of the people of ‘Ilm said: The pregnant (haamil) and the breastfeeding woman (Murdi’) break their fast, and make Qadaa and feed other people (the poor) and this has been said by Sufyaan Ath-Thawri, Maalik, Ash-Shaafi’ and Ahmad bin Hanbal. Some others have said: They break their fast and feed people but there is no Qadaa upon them and if they wished to make qadaa then there is no feeding obliged upon them’. Al-Hasan Al-Basri, ‘Ataa, Ad-Dahaak, Ibraheem An-Nakh’i, Al-Awzaa’i, ‘Ikramah, Rabee’a and the people of Ar-Rai (reason) all held the opinion that if the pregnant woman feared for herself (i.e. her health) and the Murd’i feared for the health of her child, she should break her fast and not feed others because they are in the position of the ill person (al-Mareed) who breaks fast and then makes Qadaa for what he/she has missed. This is also the opinion of Abu ‘Ubaid, Abu Thawr and Ibn Al-Mundhir. This is also the view of Maalik for the pregnant woman but in relation to the Murd’i (breastfeeding) he obliges the Qadaa and feeding of the poor. Ash-Shaafi’ and Ahmad: They (both) break fast and make Qadaa if they fear for themselves only or for themselves and their children. As for when they fear for their children only then they have to make Qadaa and pay a fidyah (ransom) for every day that has passed.

In relation to this, and from Allah comes at-Tawfeeq, the following:

As for the permission for the Haamil and Murdi’ to break their fast then there is no dispute amongst the Fuqahaa on this and this is correct. The first Hadeeth is a daleel (evidence) for this (That Allah (swt) has lifted...the fast from the Musaafir and pregnant and breastfeeding woman). Just as it is allowed for a Musaafir to not fast because travelling is a Rukhsah and excuse, it is also allowed for the Haamil and Murdi’ to not fast. The pregnancy and breastfeeding are in this case the sharee’ah Rukhsah and ‘Udhr (excuse). The first text came in a general way (‘Aam) for the pregnant and breastfeeding woman whereas the second came with a specification that the pregnant woman fears for herself and the breastfeeding woman fears for her child and it is obligatory to take this takhsees (specification).  And I say the following:

If the pregnant lady fears for herself because of the pregnancy then she can break her fast and if the breastfeeding woman fears for her child because of the breastfeeding then she can also break her fast. If however there is no fear (of harm) then it is not allowed for the fast to be broken because the ‘Aam (general) is always carried over the khaass (specific). The Qadaa of the missed fasts is a must and the view of Ishaq that she can make qadaa if she wished is incorrect. What has been narrated from Ibn Abbaas (ra) is also incorrect that the pregnant and breastfeeding woman do n not make qadaa. This is what came in a narration collected by Ad-Daaraqutni (206/2) in his Sunun on the way of Sa’eed ibn Jubayr that: ‘Ibn Abbaas said to a mother of a child who was pregnant or breastfeeding: You are of those who do not have to fast, you have the reward but not the obligation of Al-Qadaa’. Abu Daawud and al-Bazzaar narrated it with its meaning. It is also not correct (saheeh) was has been reported from Qataadah and Ibn Umar (ra) with a statement that goes back to Ibn Abbaas (ra). It came in the Musannaf of Abd-ur-Razzaaq from Qataadah (7556) and from Ibn Umar (7558) that they (both) said that the pregnant and breastfeeding woman breaks her fast, feeds a poor person for every day missed and that there is no Qadaa upon her. Ad-Daaraqutni (207/2) narrated similar to this from Ibn Umar (rah).

In relation to the first Riwaayah (narration) from Ibn Abbaas and collected by Ad-Daaraqutni which says that there is reward but no Qadaa then this is contrary to the narration of Abd-ur-Razzaaq (7564) which states qadaa and no feeding. Due to this the report of Ibn Abbaas has doubt in it and should be therefore left. This is in addition to the fact that it is ‘qawl Sahaabi’ (the statement of a Sahaabi) and the statements of the Sahaabah are not (legitimate) evidences as we have mentioned on numerous occasions. The same can also be said about the statement that is attributed to Ibn Umar (ra).

As for the Sharee’ah evidence then this is the first Hadeeth mentioned. This gave one judgement to the Traveller, pregnant and breastfeeding woman and that is that Allah (swt) has lifted from the obligation of fasting. The hadeeth did not differentiate between them so those who do have made a mistake in the conclusions they have come to. So in the same way the Musaafir must make up his fast, then the Haamil and Murdi’ likewise must do so and no consideration should be given to the opinion that al-Qadaa is not obligatory on them.

As for the opinion that they should feed for the days that they miss then there exists no sharee’ah evidence for this view not in the Kitaab of Allah (swt) or the Sunnah of the Messenger of Allah (saw). These can only be viewed as opinions and Ijtihaadaat of the Sahaabah and the fuqahaa after them and we can only bind ourselves in our ‘Ibaadah to what Allah (swt) and his Messenger (saw) have provided in legislation. Those who have said that there is no feeding are the Ahnaaf (madhhab of Imaam Abu Haneefah) and they hold the correct opinion in this issue.  


sadia said...

salam brother, the message in this article is not clear to me. plz make me clear---
1.if pregnant women do not fast, then she will recover it later on-- is it?
2.if she give food any poor man instead of every fast(fidiya)--is it indicate that she will not recover it by fasting?

plz make me claer as soon as possible

Islamic Revival said...

According to what the Sheikh mentions the strongest opinion is that the if the pregnant woman does not fast then she must make up the fast as qada and not give food.

Anonymous said...

Usually women in early years of there marriage are going through a cycle of pregnancy and breast feeding case being not getting an opportunity to fast the missed days. so would the hukm be same for a such a situation carried over for 5 years or could be even more.