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:
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.
Comments
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
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.