Fiqh 3.90: Distribution of Zakat ul-Fitr

The distribution of zakat ul-fitr is the same as that of zakah-- that is, it has to be distributed to the eight groups of beneficiaries mentioned in the 'ayah: "The alms are only for the poor ..." [atTaubah 60]. The category comprising the poor is considered the most deserving. This is also supported by the hadith: "The Messenger of Allah, upon whom be peace, enjoined zakat ul-fitr as a purification for the one who fasts from any indecent act or speech, and as food for the needy."

Al-Baihaqi and ad-Daraqutni relate from Ibn 'Umar who said: "The Messenger of Allah, upon whom be peace, enjoined the zakat ul-fitr, and also said: 'Free them from want on this day.'"

Fiqh 3.90 a: Giving Zakat ul-Fitr to a Zhimmi

Az-Zuhri, Abu Hanifah, Muhammad, and Ibn Shubrumah make it permissible to give zakat ul-fitr to a zhimmi. Allah, the Exalted One, says: "Allah allows you to show kindness and deal justly with those who did not war against you on account of religion and did not drive you out from your homes. Lo! Allah loves those who are just" [al-Mumtahanah 8].

Fiqh 3.90 b: Are There Other Claims on Wealth Besides Zakah?

Islam views wealth realistically--as an essential aspect of life and the main means of subsistence of individuals and groups. Allah, the Exalted One, instructs: "Give not to those who are weak of understanding [what is in] your wealth which Allah has made a means of support for you" [an-Nisa' 5]. This amounts to saying that wealth is to be distributed to meet the basic needs of food, clothing, lodging, and other indispensables, and that no one is to be lost, forgotten, or left without support. The best way to distribute wealth so that everyone's basic needs are met is through zakah. It does not place any burden on the wealthy yet at the same time it meets the basic needs of the poor and relieves them of the hardships of life and the pain of deprivation. Zakah is not a favor (minnah) that the wealthy bestow upon the poor; rather, it is a due (haqq) that Allah entrusted in the hands of the rich to deliver to the poor and distribute among the deserving. Thus, the eminent truth about wealth and property is established--that is, wealth is not exclusively for the rich but for both the rich and the poor. This becomes obvious because of Allah's judgment concerning the distribution of booty (fay'). Allah warns: ". . . that it does not become a commodity taken by turns among the rich of you" [al-Hashr 7]. This means it is an apportionment of wealth between the rich and the poor, not something restricted to the wealthy. Zakah is an obligation due on the property of those able to pay and is to be used to meet the basic needs of the poor and the needy so that they could be kept away from hunger and they could be given a sense of security and general well-being. If the amount of zakah is not enough to alleviate the conditions of the poor and the needy, then the rich can be subjected to further taxation. How much should be taken is not specified. Its quantity will be determined by the needs of the poor.

In his interpretation of alBaqarah 177, al-Qurtubi says: "The saying of Allah, the Exalted One: 'And to spend of your wealth out of love for Him' gives credence to those who maintain that there is a due on wealth other than zakah known as mal addir." Others hold that the preceding 'ayah alludes to the obligatory zakah. According to ad-Daraqutni's report from Fatimah bint Qais, the first view is more convincing. She relates: "Indeed, there is a due on one's holdings other than the prescribed zakah." Then he recited the following Qur'anic verse: "It is not righteousness that you turn your faces to the East or to the West, but it is to believe in Allah, the Last Day, the Angels, the Book, the Messengers, and to spend of your wealth out of love for Him on your kin, orphans, the needy, the wayfarer, or those who ask, and on the ransom of slaves..." [al-Baqarah 177]. Ibn Majah mentioned it in his Sunan and at-Tirmizhi in his Jami'. The latter says that Ibn Majah's has a different chain of narrators than his. Besides, Abu Hamzah and Maymun al-'A'war consider Ibn Majah's chain of narrator not credible. This hadith is related by Bayan and Isma'il ibn Salim from ash-Shu'bi, who said that it is sound.

The latter says: "If there is a question about its authenticity, it is rendered clear by the context of the 'ayah [al-Baqarah 177]. In this statement: '... to be steadfast in prayer, and to give zakah,' Allah mentions zakah with salah, which substantiates the fact that 'to spend of your property out of love for Him' does not refer to obligatory zakah, for that would be redundant in the 'ayah--and Allah knows best."

The scholars agree that should a need arise, even when zakah has been paid, the Muslim community is bound to contribute toward the alleviation of the problem.

Malik says: "It is obligatory for the people to ransom those taken as prisoners of war, even if doing so consumes all their property. The consensus on this subject strengthens our view, and we seek success only through Allah." According to al-Manar, the 'ayah "... and to spend your property out of love for Him . . ." [alBaqarah 177] means that one should give the property for the sake of Allah or for the love of giving it.

Imam Muhammad 'Abduh's comments are: "The giving of property in excess of the due zakah is considered one of the basic elements of piety (birr) and is enjoined like the prescribed zakah."

Whenever the exigency calls for it, sadaqah other than zakah is given. That could be before the completion of the year (hawl) or after the payment of zakah. The contribution is not based on a specific amount of nisab but on the ability to give. Thus, if someone possesses only a loaf of bread and sees a person who is more hard-pressed than himself, he should give it to that person. The hard-pressed person is not the only one who has a right to be satisfied, but Allah has also ordered the believers to give non-prescribed sadaqat to the following: kin, orphans, needy, wayfarers, beggars, and slaves.

Fiqh 3.92: Kin (zhawi al-Qurba), recipients of sadaqah

The kin are considered the most deserving people for the sadaqah gift because of the common blood relationship. When a man is in need and some of his relatives are rich, naturally he looks to them for help because they are of one family. Also, it is natural for a man to feel more sympathy and pain with his hard-pressed and needy relatives than with strangers. He is humiliated by their degradation and elevated by their honor. Therefore, any well-to-do person who cuts off his kin from assistance and lives in luxury while his relatives are in a state of misery is devoid of natural feeling or lacks belief and is far away from goodness or piety. On the other hand, for one who maintains close links with his kin, his sustenance is assured and his relationship is of beneficence to his kin.

Fiqh 3.92 a: Orphans (wal-yatama), recipients of sadaqah

In the case of orphans whose guardians have died, their support and upbringing depends on wealthy and well to-do Muslims so that they will not become a problem to themselves or other people.

Fiqh 3.92 b: The Needy (wal-masakin), recipients of sadaqah

Because they are unable to earn enough to maintain themselves and have become contented with the little they have and abstain from begging, it is necessary for the well-to-do to help them.

Fiqh 3.93: Wayfarere (wab nisabil), recipients of sadaqah

In the case of the wayfarer cut off from family and relatives, as if traveling were his household, consideration requires kindness for him as well. Thus, to sympathize with him and help him in his travels is, within the meaning of Islamic law, an encouragement which invites one to journey throughout the earth.

Fiqh 3.93 a: Beggars (was-sa'ilin), recipients of sadaqah

In the case of beggars forced to ask people for their needs, they should be helped. A person may also ask for help in order to redress another's need. However, the shari'ah does not approve of begging, except under dire circumstances. Even then, one should not trespass limits.

Fiqh 3.93 b: Slaves (wa fi ar-riqab), recipients of sadaqah

The liberation of slaves includes buying and setting them free, helping contracted slaves (al-mukatabun) pay off their debts, and helping captives buy their way out of captivity. By encouraging people to spend out of their wealth on slaves, the shari 'ah wants to emancipate the latter. Still, as important as the emancipation of slaves is, in terms of priorities, it is placed at the end, after the orphans, the needy, the wayfarer, and the beggar, the reason being that the former fall under the need for preserving life (which has a higher value), while the latter falls under the right to freedom (a lesser value than life).

Fiqh 3.93 c: Sadaqah other then Zakat

The legitimacy of giving sadaqah other than that of zakah is not restricted by a time limit or definite nisab. The amount designated for expenditure need not be a certain percentage (for example, a tithe, a one-quarter tithe, or a one-tenth tithe). It is an open-ended matter that is left to the beneficence, generosity, and condition of the one who gives. The protection of a revered (muhtaram) man from destruction and harm is an obligation upon whoever can help him, but more than that, it is left unquantified.

People overlook most of the public rights which the Qur'an supports, for these rights seek to establish an honorable and just social life. People spend only a smalI amount on the needy and even less for beggars because they are considered the least deserving nowadays. This is due to the fact that beggars have made begging a profession (hirfah), even though most of them are well-to-do.

Ibn Hazm says: "It is enjoined upon the rich of every country to support their poor, and the ruler has the authority to force them to do so. This is called for when the pre~,cribed zakah or the holdings of other Muslims are not enough to meet the needs of the poor. In that case, their food and their clothing to protect them from the elements and the eyes of the passer-by would be provided by the rich." The proof for this is in the saying of Allah, the Exalted One: "Give the kinsman his due, and the needy, and the wayfarer" [al-Isra' 26]. Allah also says: "[Show] kindness to parents, to near kin and orphans, to the needy, to relatives, to neighbors who are not related to you, to fellow travelers and wayfarers, and [to the slaves] whom your right hand possesses" [an-Nisa' 36]. Generosity urges support for the above-mentioned people and forbids harming them. Referring to the guilty in the life to come, the Qur'an says that they would ask each other: "What brought you to this hellfire?" They will answer: "We were not of those who prayed, nor did we feed the needy" [al-Muddaththir 42-44]. Thus, Allah links feeding the needy with performing prayers. According to the following hadith, related by authentic sources, the Messenger of Allah, upon whom be peace, said: "He who does not have mercy upon people, Allah's mercy will be kept from him." Anyone upon whom Allah bestowed His grace and who sees his Muslim brother hungry, in need of clothes, and miserable, and still does not help him, he will, indeed, deprive himself of Allah's mercy.

'Uthman an-Nahdi reported that 'Abdurrahman ibn Abi Bakr as-Siddiq informed him that the companions of as-Saffah were poor and that the Messenger of Allah, upon whom be peace, said: "He who has enough food for two, let him invite a third, and he who has food for four, let him invite a fifth or a sixth."

It is related from Ibn 'Umar that the Messenger of Allah, upon whom be peace, said: "A Muslim is a brother of another, and he should neither do injustice to him nor betray him." Thus, anyone who lets a needy Muslim go without food or clothes while, in fact, he is able to feed and clothe him would have betrayed him. It is related from Abu Sa'id al-Khudri that the Messenger of Allah, upon whom be peace, said: "He whose holdings exceed his needs, let him support the one whose holdings do not, and he whose food exceeds his needs, let him share it with him who does not have food." Abu Sa'id al-Khudri says: "Then he mentioned so many kinds of property that we thought no one of us had the right to have anything surplus with us." This is the consensus of the companions, as it was reported by Abu Sa'id alKhudri. Concerning this tradition, it is reported on the authority of Abu Musa al-Ash'ari that the Prophet, upon whom be peace, said: "Feed the hungry, visit the sick, and ransom the prisoner."

There are many 'ayahs in the Qur'an and numerous sound hadith on this subject. 'Umar says: "If I were to live again the past which I have already lived, I would take the surplus from the rich and distribute it among the poor immigrants (mujhajirun)." This is considered to be the most authentic report.

'Ali said: "Allah, the Exalted One, has placed a due upon the properties of the rich to meet the needs of the poor. Thus, if the poor go hungry or naked or struggle because of the neglect of the rich, then Allah will hold them [the rich] accountable on the Day of Judgment and will punish them."

Ibn 'Umar is reported to have said: "There is a due on your property other than zakah." It is related from 'Aishah (the mother of the believers), al-Hasan ibn 'Ali, Ibn 'Umar that all of them replied to those who had asked them: "If you are asked for help in cases of blood money, heavy debt, or desperate poverty, then it is a must for you to give them from your holdings."

It was accurately reported by Abu 'Ubaidah ibn al-Jarrah and 300 companions that (once) when their provisions had run very low, Abu 'Ubaidah ordered them to collect what was left and place it into two bags and then allot it to each one equally. Then he said: "It is not permissible for a hard-pressed Muslim to eat the meat of a dead animal or a pig when he can find surplus food from either a Muslim or a zhimmi. It is an obligation of the one who has food to feed the hungry." This has the consensus among the companions, and there are no contrary views concerning it. It was accurately reported from ashShu'bi, Mujahid, Tawus, and others that: "There is a due on property other than zakah." If such is the case, then a hard-pressed person is not forced to eat the meat of dead animals or pigs. He has the right to fight for it and, if he is killed, then retaliation by killing (qawad) will be imposed upon the killer. If the property holder who prevents him from receiving his due is killed, then may he have the curse of Allah upon him because he withheld a right (haqq), and he will be regarded as being among the unjust.

Allah, the Exalted One, says: "And if one party of them does wrong to the other, fight those who do wrong until they return to the ordinance of Allah." Thus, one who withholds a right is an oppressor of his brother. The latter is the possessor of that right. On this basis, Abu Bakr as-Siddiq waged war against those who refused to pay their zakah.

From the preceding, one can see the degree of compassion and commiseration that Islam has for the deprived. Islam, in fact, excels over all other faiths and systems. They are like weak, sputtering candles when placed next to the bright and steady light of the sun of Islam.

Fiqh 3.97: Zakat ut-Tatawwu or Voluntary Sadaqah

Islam calls upon the individual to spend freely in ways that please the heart of the donor, and evoke generosity, goodness, reverence, and obedience to Allah:

Fiqh 3.97 a: Zakat ut-Tatawwu or Voluntary Sadaqah in the Qur'an

Allah, the Exalted One, says: "The parable of those who spend their wealth in the way of Allah is that of a grain of corn: it grows seven ears, and each ear has a hundred grains. Allah gives manifold increase to whom He pleases; Allah cares for all and knows all things" [al-Baqarah 261].

"By no means shall you attain righteousness unless you give freely of that which you love, and whatever you give, Allah knows it well" [al'Imran 92].

"And spend from what We have made you heir. For those of you who believe and spend, for them is a great reward" [alHadid 7].

Fiqh 3.97 b: Zakat ut-Tatawwu or Voluntary Sadaqah in the Hadith

The Messenger of Allah, upon whom be peace, said: "Sadaqah appeases the anger of the Lord and wards off the agony of death."

It is similarly related that the Messenger of Allah, upon whom be peace, said: "The sadaqah of the Muslim increases during his lifetime. It also softens the agony of death, and through it, Allah takes away arrogance and vanity."

The Messenger of Allah, upon whom be peace, said: "There is not a day in which the obedient servants rise in the morning or two angels descend, and one of them says: 'O Allah! Compensate the one who spends freely.' The other angel says: 'O Allah! Let an annihilation come upon the one who is niggardly.' " This is related by Muslim.

The Messenger of Allah, upon whom be peace, said: "Acts of kindness protect one from ruin wrought by evil. Sadaqah given secretly appeases the anger of the Lord, and a gift to strengthen the ties of relationship increases one's life span. All good deeds are sadaqah, and those who do acts of kindness in this world are also the same people in the other world. Those who do misdeeds in this world are the same people in the other world. The first of those who shall enter Paradise are the people who do acts of kindness." This is related by at-Tabarani in al'Awsat. Manzhiri does not mention it.

Fiqh 3.98: Types of Sadaqah

Sadaqah is not restricted to any special deed of righteousness. The general rule is that all good deeds are sadaqah. Some of them are as follows:

The Messenger of Allah, upon whom be peace, said: "Every Muslim has to give sadaqah." The people asked: "O Prophet of Allah, what about the one who has nothing?" He said: "He should work with his hands to give sadaqah." They asked: "If he cannot find [work]?" He replied: "He should help the needy who asks for help." They asked: "If he cannot do that?" He replied: "He should then do good deeds and shun evil, for this will be taken as sadaqah." This is related by al-Bukhari and others.

The Messenger of Allah, upon whom be peace, said: "Sadaqah is prescribed for every person every day the sun rises. To administer justice between two people is sadaqah. To assist a man upon his mount so that he may ride it is sadaqah. To place his luggage on the animal is sadaqah. To remove harm from the road is sadaqah. A good word is sadaqah. Each step taken toward prayer is sadaqah." This is related by Ahmad and others.

Abu Zhar al-Ghafari said: "The Messenger of Allah, upon whom be peace, said: 'Sadaqah is for every person every day the sun rises.' I said: 'O Messenger of Allah, upon whom be peace, from what do we give sadaqah if we do not possess property?' He said: 'The doors of sadaqah are takbir [i.e., to say: Allahu-akbar, Allah is Great]; Subhan-Allah [Allah is free from imperfection]; Alhamdulillah [all praise is for Allah]; La -ilaha-illallah [there is no god other than Allah]; Astaghfirul-lah [I seek forgiveness from Allah]; enjoining good; forbidding evil; removing thorns, bones, and stones from the paths of people; guiding the blind; listening to the deaf and dumb until you understand them; guiding a person to his object of need if you know where it is; hurrying with the strength of your legs to one in sorrow who is appealing for help; and supporting the weak with the strength of your arms. These are all the doors of sadaqah. [The sadaqah] from you is prescribed for you, and there is a reward for you [even] in sex with your wife.' " This is related by Ahmad, and the wording is his. According to Muslim, they said: "O Messenger of Allah, upon whom be peace, is there a reward if one satisfies his passion?" He said: "Do you know that if he satisfies it unlawfully he has taken a sin upon himself? Likewise, if he satisfies it lawfully, he is rewarded."

It is related following Abu Zhar that the Messenger of Allah, upon whom be peace, said: "Sadaqah is prescribed for each descendant of Adam every day the sun rises." It was asked: "O Messenger of Allah, upon whom be peace, from what do we give sadaqah every day?" He said: "The doors of goodness are many--the tasbih [to say 'Subhaan-Allah'], the tamhid [to say 'Alhamdu lillah'], the tahlil [to say 'La-ilaha-illallah], enjoining good, forbidding evil, removing harm from the road, listening to the deaf, leading the blind, guiding one to the object of his need, hurrying with the strength of one's legs to one in sorrow who is asking for help, and supporting the feeble with the strength of one's arms--all of these are sadaqah prescribed for you." This is related by Ibn Hibban in his Sahih. Al-Bukhari related it in a shortened form and added in his report: "Your smile for your brother is sadaqah. Your removal of stones, thorns, or bones from the paths of people is sadaqah. Your guidance of a person who is lost is sadaqah."

The Messenger of Allah also said: "He from among you who is able to protect himself from the Fire should give sadaqah, even if but with half a date. If he does not find it, then with a good word."

The Messenger of Allah, upon whom be peace, said: "Allah, the Majestic and Mighty, shall say on the Day of Judgment: 'O son of man! I was ill and you did not visit me.' He will reply: 'O my Lord! How could I visit You and You are the Lord of the Worlds?' Allah shall say: 'Did you not know that My slave, so-and-so, was ill and you did not visit him? If you had visited him, you would have found Me with him. O son of man! I asked you for food and you did not give it to me.' He will reply: 'O my Lord! How could I give You food--You are the Lord of the Worlds?' Allah shall say: 'Did you not know that My slave, so-and-so, asked you for food and you did not give it to him? Did you not know that if you had given the food, you would have found that with Me? O son of man! I asked you to quench My thirst and you did not.' He will say: 'O my Lord! How could I quench Your thirst--You are the Lord of the Worlds?' Allah shall say: 'My slave, so-and-so, asked you to quench his thirst and you did not. If you had given him to drink, you would have found that with Me.' " This is related by Muslim.

The Messenger of Allah, upon whom be peace, said: "A Muslim does not plant or sow anything from which a person, an animal, or anything eats but it is considered as sadaqah from him." This is related by al-Bukhari.

The Messenger of Allah, upon whom be peace, said: "Every good deed is sadaqah. To meet your brother with a smiling face and to pour out from your bucket into his container are sadaqah."

Fiqh 3.100: Those Who Have Precedence for Receiving Sadaqah

One's children, family, and relatives have precedence over others. It is not permissible to give sadaqah to a stranger when you and your dependents are in need of it.

It is related from Jabir that the Messenger of Allah, upon whom be peace, said: "When one of you is poor, he starts with himself. If anything is left, he spends it on his dependents. If anything is (still left) then on his relatives, and then, if more is left, he spends it here and there."

The Messenger of Allah, upon whom be peace, said: "Give sadaqah." A man said: "I have a dinar." He replied: "Give it to yourself as sadaqah." He said: "I have another dinar." He replied: "Give it to your wife as sadaqah." He said: "I have another dinar." He replied: "Give it to your child as sadaqah." He said: "I have another dinar." He replied: "Give it to your servant as sadaqah." He said: "I have another dinar." He replied: "You would be able to assess better [to whom to give it]." This is related by Abu Dawud, an-Nasa'i, and Hakim. Hakim grades it as authentic.

The Messenger of Allah, upon whom be peace, said: "A man has sinned enough if he neglects to feed those in need." This is related by Muslim and Abu Dawud.

Also: "The most excellent sadaqah is that given to a relative who does not like you." This is related by at-Tabarani and Hakim. The latter grades it authentic.

Fiqh 3.101: The Invalidation of Sadaqah

It is unlawful for the one giving sadaqah to remind the recipient of his generosity, to reproach bim, or to make a show with his sadaqah. Allah warns: "O you who believe! Do not invalidate your sadaqah by reminders of your generosity or by injury, like those who spend their property to be seen by men" [al-Baqarah 264].

The Messenger of Allah, upon whom be peace, said: "There are three [types of people]. Allah shall not speak to them, notice them, or sanctify them; and for them is a grievous penalty." Abu Zhar inquired: "O Messenger of Allah, who are the ones gone wrong and astray?" He replied: "Those who through conceit lengthen their garments to make them hang on the ground, who give nothing without reproach, and who sell their merchandise swearing untruthfully [to its quality]."

Fiqh 3.101 a: Giving What is Unlawful as Sadaqah

Allah does not accept sadaqah if it is from what is unlawful: The Messenger of Allah, upon whom be peace, said: "O people! Allah is good and accepts only good, and He has instructed the believers through the Messengers. Allah, the Mighty and the Majestic, says: 'O Messengers! Consume what is good and work righteously. I am well-acquainted with what you do' [al-Mu'minum 51]." He also calls upon [you]: 'O you who believe! Consume of the good that We have provided for you' [al-Baqarah 172]. Then [the Messenger] mentioned a man who had traveled for a long time. Unkempt and covered in dust, he raised his hands to the heavens (and cried): 'O my Lord! O my Lord!' His food was unlawful, his drink was unlawful, his clothing was unlawful, and what he had provided to sustain himself with was also unlawful. How could his invocation be accepted?" This is related by Muslim.

Also: "If one gives a date bought from honestly earned money (and Allah accepts only good), Allah accepts it in His right hand and enlarges [its rewards] for its owner (as one rears his foal) until it becomes as big as a mountain." This is related by al-Bukhari.

Fiqh 3.102: Sadaqah of the wife from the property of her husband

It is permissible for the wife to give sadaqah from her husband's holdings if she knows that he would not mind. However, it is unlawful if she is not sure of this: It is related from 'Aishah that the Messenger of Allah, upon whom be peace, said: "When a wife gives something as sadaqah from the food of her home without causing any waste, she will get the reward for what she has given. Her husband will be rewarded for what he has earned, and the keeper (if any) will be similarly rewarded. The one does not reduce the reward of the other in any way." This is related by al-Bukhari.

Abu Umamah reports that he had heard the Messenger of Allah, upon whom be peace, saying in a sermon during the year of the Farewell Pilgrimage: "The wife should not spend anything from the household of her husband without his permission." He asked: "O Messenger of Allah, upon whom be peace! Not food either?" He said: "That is the most excellent of our holdings." This is related by at-Tirmizhi who graded it hassan.

Of small things which she is in the habit of giving, no permission from her husband is called for: It is related from Asma, daughter of Abu Bakr, that she said to the Messenger of Allah, upon whom be peace: "Zubair is a well-off man. A man in need approached me and I gave him sadaqah from my husband's household without his permission." The Messenger of Allah, upon whom be peace, said: "Give what you are in the habit of giving of what is small, and do not store property away, for Allah shall withhold his blessings from you." This is related by Ahmad, al-Bukhari, and Muslim.

Fiqh 3.102 b: Permissibility of Giving Sadaqah of All One's Property

For one who is fit and capable of earning his living, giving sadaqah of all his property is permissible.

'Umar reports: "The Messenger of Allah, upon whom be peace, instructed us to give sadaqah, and it applied to my property. I said: 'Today I shall better Abu Bakr. I have never bettered him.' Then I brought half my property. The Messenger of Allah, upon whom be peace, said: 'What did you leave for your family?' I said: 'An amount like this.' Abu Bakr came with all his property, and the Messenger of Allah, upon whom be peace, asked: 'What did you leave for your family?' He said: 'I have left Allah and His Messenger, upon whom be peace, for them.' Then I said: 'I shall never better you in anything.'" This is related by Abu Dawud and atTirmizhi. The latter grades it authentic.

Fiqh 3.103: Giving all of one's property in sadaqah

The jurists say that giving all of one's property in sadaqah is permissible provided the donor is fit, earning, and steadfast, not in debt, nor has dependents for whom adequate support from him is obligatory. If he does not fulfil these conditions, then his action is makruh.

Jabir narrated: "While we were with the Messenger of Allah, upon whom be peace, a man came with what was like an egg of gold. He said: 'O Messenger of Allah! I obtained this from buried treasure, so take it. It is sadaqah, and I do not possess anything other than it.' The Messenger of Allah, upon whom be peace, turned away from him and he [the man] then approached him from the direction of his left side. The Messenger of Allah, upon whom be peace, then turned away from him again and he approached him from behind. Then the Messenger of Allah, upon whom be peace, took it and threw it at him. If it had hit him, it would have injured him. Then he said: 'One of you comes with all his property to make sadaqah, then after [giving all he had] he sits [by the road] begging from the people. Sadaqah is given by the one who is rich.' " This is related by Abu Dawud and Hakim. The latter said: "It is authentic according to the stipulation of Muslim. In its transcription is Muhammad ibn Ishaq."

Fiqh 3.103 a: Giving Sadaqah to the Zhimmi and the Soldier

One can give sadaqah to the zhimmi and the soldier, and one is rewarded for that. Allah praised a group of people (for this) when He said: "And they feed, for His love, the indigent, orphan, and captive" [ad-Dahr 6]. The captive is a soldier. Allah says: "Allah has not forbidden you with regard to those who have not made war against you on account of [your] faith and have not driven you out of your homes to deal kindly and justly with them; Allah loves those who are just" [al-Mumtahanah 8].

Asma, the daughter of Abu Bakr, reports: "My mother came to me and she is a polytheist. I said: 'O Messenger of Allah, upon whom be peace! If my mother came to me and she is willing, do I establish a link with her?' He said: 'Yes, establish a link with your mother.' "

Fiqh 3.104: Sadaqah on Animals

The Messenger of Allah, upon whom be peace, is reported to have said: "While a man was walking along a road, he became very thirsty and found a well. He lowered himself into the well, drank, and came out. Then [he saw] a dog protruding its tongue out with thirst. The man said: 'This dog has become exhausted from thirst in the same way as I.' He lowered himself into the well again and filled his shoe with water. Then he took the dog by the mouth until he had raised himself. He gave the dog some water to drink. He thanked Allah, and [his sins were] forgiven." They asked: "O Messenger of Allah, upon whom be peace! Is there a reward for us in our animals?" He said: "There is a reward in every living thing." This is related by al-Bukhari and Muslim.

The two also related that the Messenger of Allah, upon whom be peace, said: "While a dog was walking around a well, his thirst was near to killing him. One of the prostitutes of the Banu Isra'il saw him. She took off her shoe and drew water for him with it in order to quench his thirst. [For that] she was forgiven [by Allah]."

Fiqh 3.104 a: Perpetual sadaqah

The perpetual sadaqah (sadaqat ul-jariyah): Ahmad and Muslim relate that the Messenger of Allah, upon whom be peace, said: "When a person dies [the benefit] of his deeds ends, except three: a continuous sadaqah, knowledge from which benefit is derived, or a pious child invoking Allah for him."

Fiqh 3.104 b: Thanking for a Good Deed

'Abdullah ibn 'Umar reports that the Messenger of Allah, upon whom be peace, said: "Whoever seeks the protection of Allah, give him protection. Whoever asks you in the name of Allah, grant him refuge. Whoever does a good deed to you, reward him and if you do not find anything, invoke Allah on his behalf until you know that he has been rewarded." This is related by Abu Dawud and an-Nasa'i with an authentic chain.

Ashab ibn Qais reported that the Messenger of Allah, upon whom be peace, is reported to have said: "Whoever does not thank people, does not thank Allah." This is related by Ahmad with a trustworthy chain.

Usamah ibn Zaid adds that the Messenger of Allah, upon whom be peace, said: "To whom a good deed is done and who says to its doer: 'May Allah reward you with goodness,' also reaps the reward." This is related by at-Tirmizhi.

Allah is the Most Knowing, and all praise is due to the Lord of the Worlds.

Fiqh 3.107: Fasting (As-siyam)

As-Siyam generally means "to abstain from something." For example, a verse in the Qur'an says: "I have vowed to the Merciful to abstain--that is, from speaking.

What is meant here is abstaining from food, drink, and sexual intercourse from dawn until sunset with the explicit intention of doing so (for the sake of Allah).

Fiqh 3.107 a: The Virtues of Fasting

Abu Hurairah reported the Messenger of Allah, upon whom be peace, saying: "Allah said: 'Every action of the son of Adam is for him except fasting, for that is solely for Me. I give the reward for it.' The fast is a shield. If one is fasting, he should not use foul language, raise his voice, or behave foolishly. If someone reviles him or fights with him he should say, 'I am fasting,' twice. By the One in whose hand is the soul of Muhammad, the [bad] breath of the one who is fasting is better in the sight of Allah on the Day of Resurrection than the smell of musk. The one who is fasting is happy at two times: when he breaks his fast he is happy with it, and when he meets his Lord he will be happy that he has fasted." This is related by Ahmad, Muslim, and an-Nasa'i. A similar version was recorded by al-Bukhari and Abu Dawud, but with the following addition: "He leaves his food, drink, and desires for My sake. His fasting is for Me... I will give the reward for it, and for every good deed, he will receive ten similar to it."

'Abdullah ibn 'Amr reported that the Messenger of Allah, upon whom be peace, said: "The fast and the Qur'an are two intercessors for the servant of Allah on the Day of Resurrection. The fast will say: 'O Lord, I prevented him from his food and desires during the day. Let me intercede for him.' The Qur'an will say: 'I prevented him from sleeping at night. Let me intercede for him.' And their intercession will be accepted." Ahmad related this hadith with a sahih chain.

Abu Umamah reported: "I came to the Messenger of Allah and said: 'Order me to do a deed that will allow me to enter Paradise.' He said: 'Stick to fasting, as there is no equivalent to it.' Then I came to him again and he said: 'Stick to fasting."' This hadith is related by Ahmad, an-Nasa'i, and al-Hakim who classified it as sahih.

Abu Sa'id al-Khudri reported that the Messenger of Allah said: "No servant fasts on a day in the path of Allah except that Allah removes the hellfire seventy years further away from his face." This is related by "the group," except for Abu Dawud.

Sahl ibn Sa'd reported that the Prophet said: "There is a gate to Paradise that is called ar-Rayyan. On the Day of Resurrection it will say: 'Where are those who fasted?' When the last [one] has passed through the gate, it will be locked." This is related by alBukhari and Muslim.

Fiqh 3.108: Types of Fasting

There are two types of fasting: obligatory and voluntary. Obligatory can be further subdivided into the fast of Ramadan, the fast of expiation and the fast of fulfilling a vow. Here we shall discuss the Ramadan and voluntary fasts.

Fiqh 3.108 a: The Fast of Ramadan

The fast of Ramadan, according to the Qur'an, sunnah and consensus, is obligatory.

The evidence from the Qur'an consists of the following two verses: "O you who believe, fasting is prescribed for you as it was prescribed for the people before you in order for you to gain God consciousness, and, "...The month of Ramadan, during which the Qur'an was revealed, a guidance for mankind, and clear proofs of the guidance and the criterion; and whoever of you is resident, let him fast the month" [al-Baqarah 185].

From the sunnah we have the following statements of the Prophet: "Islam is built upon [the following] five pillars: testifying that there is no God except Allah and that Muhammad is His Messenger, the establishment of the prayer, the giving of zakah, the fast of Ramadan and the pilgrimage to Makkah." Talhah ibn 'Ubaidullah reported that a man came to the Prophet and said: "O Messenger of Allah, tell me what Allah requires of me as regards fasting." He answered, "The month of Ramadan." The man asked: "Is there any other [fast]?" The Prophet answered: "No, unless you do so voluntarily."

The whole Muslim nation agrees that the fast of Ramadan is obligatory. It is one of the pillars of Islam, and if one disputes this, he cannot be called a Muslim.l

Fiqh 3.109: The Virtues of Ramadan and the Deeds Done During It

Abu Hurairah reported that the Prophet, upon whom be peace, said: "The blessed month has come to you. Allah has made fasting during it obligatory upon you. During it, the gates to Paradise are opened and the gates to hellfire are locked, and the devils are chained. There is a night [during this month] which is better than a thousand months. Whoever is deprived of its good is really deprived [of something great]." This is related by Ahmad, an-Nasa'i, and al-Baihaqi.

'Arfajah testifies to this: "We were with 'Utbah ibn Farqad while he was discussing Ramadan. A companion of the Prophet entered upon the scene. When 'Utbah saw him, he became shy and stopped talking. The man [the companion] spoke about Ramadan, saying: 'I heard the Messenger of Allah say during Ramadan: "The gates of Hell are closed, the gates of Paradise are opened, and the devils are in chains. An angel calls out: 'O you who intend to do good deeds, have glad tidings. O you who intend to do evil, refrain, until Ramadan is completed.'"

Muslim relates that Abu Hurairah reported the Prophet saying: "The time between the five prayers, two consecutive Friday prayers, and two consecutive Ramadans are expiations for all that has happened during that period, provided that one has avoided the grave sins."

Abu Sa'id al-Khudri reported that the Prophet, upon whom be peace, said: "Whoever fasts the month of Ramadan, obeying all of its limitations and guarding himself against what is forbidden, has in fact atoned for any sins he committed before it." Ahmad and alBaihaqi related this hadith with a good chain.

Abu Hurairah reported that the Prophet, upon whom be peace, said: "Whoever fasts the month of Ramadan with faith and seeks Allah's pleasure and reward will have his previous sins forgiven." This hadith is related by Ahmad and the compilers of the sunan.

Fiqh 3.110: The Consequence of Breaking the Fast of Ramadan

Ibn 'Abbas reported that the Prophet said: "The bare essence of Islam and the basics of the religion are three [acts], upon which Islam has been established. Whoever leaves one of them becomes an unbeliever and his blood may legally be spilled. [The acts are:] Testifying that there is no God except Allah, the obligatory prayers, and the fast of Ramadan." This hadith is related by Abu Ya'la and ad-Dailimi. Azh-Zhahabi called it sahih.

Abu Hurairah reported that the Messenger of Allah, upon whom be peace, said: "Whoever breaks his fast during Ramadan without having one of the excuses that Allah would excuse him for, then even a perpetual fast, if he were to fast it, would not make up for that day." This is related by Abu Dawud, Ibn Majah, and atTirmizhi.

Al-Bukhari records from Abu Hurairah in marfu' form: "Whoever breaks the fast of Ramadan without having a legitimate excuse or being ill, he cannot make up for that day, even if he were to undertake a perpetual fast." Ibn Mas'ud has also reported this.

Azh-Zhahabi says: "According to the established believers, anyone who leaves the fast of Ramadan without being sick is worse than a fomicator or an alcoholic. In fact, they doubt his Islam and they suspect that he might be a zandiqah and one of those who destroy [Islam].

Fiqh 3.111: The Arrival of Ramadan

This event is confirmed by sighting the new moon, even if it is seen by only one just person, or by the passage of thirty days in the immediately preceding month of Sha'ban.

Ibn 'Umar said: "The people were looking for the new moon and when I reported to the Messenger of Allah that I had seen it, he fasted and ordered the people to fast." This is related by Abu Dawud, al-Hakim, and Ibn Hibban, who declared it to be sahih.

Abu Hurairah reported that the Prophet instructed: "Fast after you have seen it [the new crescent] and end the fast [at the end of the month] when you see it. If it is hidden from you, then wait until the thirty days of Sha'ban have passed." This is related by al-Bukhari and Muslim.

Commenting on these reports, at-Tirmizhi states: "Most knowledgeable people act in accordance with these reports. They say that it is correct to accept the evidence of one person to determine the beginning of the fast. This is the opinion of Ibn alMubarak, ash-Shaf'i, and Ahmad. An-Nawawi says that it is the soundest opinion. Conceming the new moon of Shawwal [which signifies the end of the fast], it is confimmed by completing thirty days of Ramadan, and most jurists state that the new moon must have been reported by at least two just witnesses. However, Abu Thaur does not distinguish between the new moon of Shawwal and the new moon of Ramadan. In both cases, he accepts the evidence of only one just witness."

Ibn-Rushd comments that: "The opionion of Abu Bakr ibn alMunzhir, which is also that of Abu Thaur and, I suspect, that of the Zhahiri school of thought, is supported by the following argument given by Abu Bakr al-Munzhiri: there is complete agreement that breaking the fast is obligatory, that abstaining from eating is based on one person's report, and that the situation must be like that for the beginning of the month and for the ending of the month, as both of them are simply the signs that differentiate the time of fasting from the time of not fasting."

Ash-Shaukani observes: "If there is nothing authentic recorded that states that one may only accept two witnesses for the end of the month, then it is apparent, by analogy, that one witness is sufficient, as it is sufficient for the beginning of the month. Furthemmore, worship based on the acceptance of one report points to the fact that such singular reports are accepted in every matter unless there is some evidence that specifies the peculiarity of specific cases, such as the number of witnesses conceming matters of wealth, and so on. Apparently this is the opinion of Abu Thaur."

Fiqh 3.112: Different Locations

According to the majority of scholars, it does not matter if the new moon has been sighted in a different location. In other words, after the new moon is seen anywhere in the world, it becomes obligatory for all Muslims to begin fasting, as the Prophet said: "Fast due to its sighting and break the fast due to its sighting." This hadith is a general address directed to the whole Muslim world - that is, "if any one of you sees the moon in any place, then that will be a sighting for all of the people."

According to 'Ikrimah, al-Qasim ibn Muhammad, Salim, Ishaq, the correct opinion among the Hanafiyyah, and the chosen opinion among the Shaf'iyyah, every "country" (or territory) is to take into consideration its own sighting and not necessarily to follow the sighting of others. This is based on what Kuraib said: "While I was in ash-Sham, the new moon of Ramadan appeared on Thursday night. I retumed to Madinah at the end of the month. There, Ibn 'Abbas asked me: 'When did you people see the new moon?' I said: 'We saw it on Thursday night.' He said: 'Did you see it yourself?' I said: 'Yes, the people saw it, and they and Mu'awiyyyah fasted.' He said: 'But we saw it on Friday night. We will not stop fasting until we complete thirty days or until we see the new moon.' I said: 'Isn't Mu'awiyyah's sighting and fasting sufficient for you?' He said: 'No . . . This is the order of the Messenger of Allah.' " This is related by Ahmad, Muslim, and at-Tirmizhi.

About the hadith, at-Timmizhi says: "It is hassan sahih ghareeb. Scholars act in accordance with this hadith. Every land has its sighting." In Fath al-'Alam Sharh Bulugh al-Maram, it is stated: The [opinion] closest [to the truth] is that each land follows its sighting, as well as the areas that are connected to it."

Fiqh 3.113: Sighting of the Crescent by one Person

The scholars of fiqh agree that if only one person sees the new moon, he is to fast. 'Ata differs and says that he is not to fast until someone else also sights the new moon with him. The correct position is that he is to break the fast, as ash-Shaf'i and Abu Thaur have ruled. The Prophet has based the fast and its breaking on the sighting of the moon. One's own sight is enough for him and there is no need for another person's sighting.

Fiqh 3.113 a: The Essential Elements of the Fast

The fast has two essential elements (literally, "pillars") that must be fulfilled for it to be valid and acceptable. They are:

Fiqh 3.113 b: Essential elements of fasting, abstaining from acts that break the fast

This point is based on the Qur'anic verse: "Eat and drink until the white thread becomes distinct to you from the black thread of the dawn. Then strictly observe the fast until nightfall."

This is also based on the following hadith: "When the verse 'Eat and drink until the white thread becomes distinct to you...' was revealed, I took a black thread and a white thread and placed them underneath my pillow. During the night I looked at them to see if I could distinguish between them. In the morning I went to the Messenger of Allah and mentioned that to him and he said: 'It is the black of the night and the white of the day.'"

Fiqh 3.113 c: Essential elements of fasting, the intention

Allah instructs in the Qur'an: "And they are ordained nothing else than to serve Allah, keeping religion pure for Him." The Prophet, upon whom be peace, said: "Actions are judged according to the intention behind them, and for everyone is what he intended."

The intention must be made before fajr and during every night of Ramadan. This point is based on the hadith of Hafsah which reported that the Prophet said: "Whoever does not determine to fast before fajr will have no fast" (that is, it won't be accepted). This is related by Ahmad, an-Nasa'i, at-Tirmizhi, Abu Dawud, and Ibn Majah. Ibn Khuzaimah and Ibn Hibban have classified it as sahih.

The intention is valid during any part of the night. It need not be spoken, as it is in reality an act of the heart which does not involve the tongue. It will be fulfilled by one's intention to fast out of obedience to Allah and for seeking His pleasure.

If one eats one's pre-dawn meal (sahoor) with the intention of fasting and to get closer to Allah by such abstinence, then one has performed the intention. If one determines that one will fast on the next day solely for the sake of Allah, then one has performed the intention even if a pre-dawn meal was not consumed.

According to many of the jurists, the intention for a voluntary fast may be made at any time before any food is consumed. This opinion is based on 'Aishah's hadith: "The Prophet came to us one day and said: 'Do you have any [food]?' We said, 'No.' He said: 'Therefore, I am fasting." This is related by Muslim and Abu Dawud.

The Hanafiyyah and Shaf'iyyah stipulate that the intention must be made before noon (for voluntary fasts). The apparent opinion of Ibn Mas'ud and Ahmad is that the intention may be made before or after noon.

Fiqh 3.114: Essential elements of fasting, who must fast

All scholars agree that fasting is obligatory upon every sane, adult, healthy Muslim male who is not traveling at that time. As for a woman, she must not be menstruating or having post-childbirth bleeding. People who are insane, minors, and those who are traveling, menstruating, or going through post-childbirth bleeding, and the elderly and breast-feeding or pregnant women do not need to observe the fast.

For some, the fast is not obligatory at all, for example, the insane. In the case of young people, their parents or guardians should order them to fast. Some are to break the fast and make up the missed days of fasting at a later date, while others are to break the fast and pay a "ransom" (in which case, they are not obliged to make up the days they missed). We shall discuss each group in more detail.

Fiqh 3.114 a: Essential elements of fasting, the fast of the insane

Fasting is not obligatory for the insane because of their inability to understand what they are doing. 'Ali reported that the Prophet, upon whom be peace, said: "The pen is raised for three groups [of people]--that is, they will not be responsible for their actions: the insane until they become sane, those who are sleeping until they awaken, and the young until they reach puberty." This is related by Ahmad, Abu Dawud, and at-Tirmizhi.

Fiqh 3.114 b: Essential elements of fasting, the fast of the young [non-adults]

Though the young are not required to fast, it is proper for their guardians to encourage them to fast so they will become accustomed to it at an early age. They may fast as long as they are able to and then may break it. ArRabi'a bint Mu'awiyyah reported: "The Messenger of Allah sent a man, on the morning of the day of 'Ashurah, to the residences of the Ansar, saying: 'Whoever has spent the morning fasting is to complete his fast. Whoever has not spent this morning fasting should fast for the remainder of the day.' We fasted after that announcement, as did our young children. We would go to the mosque and make toys stuffed with cotton for them to play with. If one of them started crying due to hunger, we would give them a toy to play with until it was time to eat." This is related by al-Bukhari and Muslim.

Fiqh 3.115: Essential elements of fasting, those who are permitted to break the fast, but who must pay a "ransom" for not fasting

Elderly men and women are permitted to break their fasts, as are the chronically ill, and those who have to perform difficult jobs under harsh circumstances and who could not find any other way to support themselves. All of these people are allowed to break their fast, because such a practice would place too much hardship on them during any part of the year. They are obliged to feed one poor person [miskin] a day (for every day of fasting that they do not perform). The scholars differ over how much food is to be supplied, for example, a sa', half a sa', or a madd. There is nothing in the sunnah that mentions exactly how much is to be given.

Ibn 'Abbas said: "An elderly man is permitted to break his fast, but he must feed a poor person daily. If he does this, he does not have to make up the days that he did not fast. This is related by ad-Daraqutni and by al-Hakim, who said it is sahih. Al-Bukhari recorded that 'Ata heard Ibn 'Abbas recite the 'ayah: "And for those who can fast [but do not], there is a "ransom': the feeding of a person in need" [al-Baqarah 185]. Then Ibn 'Abbas continued: "It has not been abrogated. [Its ruling applies] to elderly men and women who are not able to fast. Instead, they must feed one poor person on a daily basis."

The same is true for one who is chronically ill and as such cannot fast, and for one who is forced to work under harsh circumstances and as such cannot endure the additional burden of fasting. Both groups must also feed one poor person daily.

Commenting on al-Baqarah's 'ayah, Sheikh Muhammad 'Abduh says: "What is meant by those who can fast' [(but do not) in the Qur'anic verse] is the weak elderly people, the chronically ill, and so on, and similarly, those workers who are working under severe conditions, such as coal miners. The same applies to criminals who are sentenced to life imprisonment with hard labor. They have to pay the 'ransom' if they have the means to do so."

Pregnant and breast-feeding women, if they fear for themselves or for the baby, can break the fast and pay the "ransom." They do not have to make up the days missed. Abu Dawud related from 'Ikrimah that Ibn 'Abbas said concerning the 'ayah "And for those who can fast [but do not],": "This is a concession for the elderly, as they can fast. They are to break the fast and feed one poor person a day. Pregnant or breast-feeding women, if they fear for the child, can do likewise." This is related by al-Bazzar. At the end of the report, there is the addition: "Ibn 'Abbas used to say to his wives who were pregnant: 'You are in the same situation as those who can fast [but do not]. You are to pay the "ransom" and do not have to make up the days later.' " Of its chain, ad-Daraqutni says it is sahih.

Nafi' reported that Ibn 'Umar was asked about a pregnant woman who feared for her unborn baby. He replied: "She is to break the fast and to feed one poor person a day one madd of barley."

There is also a hadith that states: "Allah has relieved the travelers of fasting and half of the prayer, and the pregnant and the breast-feeding women of the fast."According to the Hanafiyyah, Abu Ubaid, and Abu Thaur, such women are only to make up the missed days of fasting, and they are not supposed to feed one poor person a day. According to Ahmad and ash-Shaf'i, if such women fear only for the baby, they must pay the "ransom" and make up the days later. If they fear only for themselves or for themselves and the baby, then they are only to make up the missed days at a later date.

Fiqh 3.116: Making up the Missed Days of Fasting

It is allowed for those who are (not chronically) ill and for travelers to break their fasts during Ramadan, but they must make up the days they missed. Allah says in the Qur'an: "And [for] him who is sick among you or on a journey, [the same] number of other days."

Mu'azh said: "Verily, Allah made the fast obligatory upon the Prophet by revealing: 'O you who believe, fasting is prescribed for you as it was prescribed for those before you...' until the words, 'And for those who can fast [but do not] there is a "ransom" payment...' Then, whoever wished to do so would fast and whoever wished to do so would feed a poor person, and that was sufficient for them. Then Allah revealed another verse: 'The month of Ramadan in which the Qur'an was revealed...' to the words: 'Whoever is resident among you during this month is to fast.' [By this verse,] the fast was established for those who were resident and healthy. A concession was made for the sick and travelers, and the feeding of the poor by the elderly who could not fast was [left] confirmed." This is related by Ahmad, Abu Dawud, and alBaihaqi with a sahih chain.

A sick person may break his fast which, if continued, would only aggravate the illness or delay its cure.In al-Mughni it is stated: "It is related from some of the early scholars that any type of illness allows one to break the fast, even an injury to the finger or a toothache. They based their opinion on the following:

1 the wording of the verse is general and applies to all types of illness, and

2 a traveler is allowed to break his fast even if he does not need to and, therefore, the same must be the case for one who is sick." This was also the opinion of al-Bukhari, 'Ata, and the Zhahiri school of thought.

One who is healthy but fears that he will become ill if he fasts can break the fast, as can the person who is overcome by hunger and/or thirst and fears that he may die because of it, even if he is resident and healthy. He must make up the days of fasting that he missed. The following two Qur'anic 'ayahs support this point: "And do not kill yourselves, Lo! Allah is ever Merciful to you," and "He has not laid upon you in your religion any hardship."

If a sick person fasts and withstands the hardships of the fast, his fast will be valid but disliked, for he did not accept the concession Allah gave him, thereby causing himself much hardship. Some of the companions would fast during the Prophet's lifetime while others would not (that is, if they were ill), thereby following the verdict of the Prophet. Hamzah al-Aslami said: "O Messenger of Allah, I find within me the strength to fast while traveling. Would there be any blame upon me if I were to do so?" The Prophet, upon whom be peace, answered: "It is a concession from Allah. Whoever takes it has done well. Whoever likes to fast, there is no blame upon him." This is related by Muslim.

Abu Sa'id al-Khudri reported: "We traveled with the Messenger of Allah to Makkah while we were fasting. We stopped at a place and the Messenger of Allah said: 'You are coming close to your enemies. You will be stronger if you break the fast.' That was a concession and some of us fasted and some of us broke our fasts. Then we came to another place and the Prophet said: 'In the morning you will face your enemy. Breaking the fast will give you more strength.' So we broke our fast, taking that as the best course of action. After that, you could see some of us fasting with the Prophet while traveling." This is related by Ahmad, Muslim, and Abu Dawud.

In another report, Abu Sa'id al-Khudri said: "We fought under the leadership of the Messenger of Allah during Ramadan. Some of us fasted and some of us did not. The ones who fasted did not find any fault with those who did not fast, and those who did not fast found no fault with those who fasted. They knew that if one had the strength to fast he could do so and it was good, and that if one was weak, he was allowed to break his fast, and that was good." This is related by Ahmad and Muslim.

The jurists differ over what is preferred (that is, to fast or not to fast while traveling). Abu Hanifah, ash-Shaf'i, and Malik are of the opinion that if one has the ability to fast, it is better for him to do so, and if one does not have the ability to fast, it is better for him to break the fast. Ahmad said that it is best to break the fast. 'Umar ibn 'Abdulaziz says: "The best of the two acts is the easier of the two. If it is easier for one to fast than to make up the day later on, then, in his case, to fast is better."

Ash-Shaukani has concluded that if it is difficult for an individual to fast or to reject the concession, then it is best for him not to fast (while traveling). Similarly, if one fears that one's fasting during travel will look like showing off, then in this case, breaking the fast would be preferred. If one is not faced with such conditions, then fasting would be preferred.

If a traveler makes the intention (to fast) during the night, he can still break his fast during the day. Jabir ibn 'Abdullah reported:

"The Messenger of Allah left for Makkah during the year of the conquest [of Makkah] and he and the people with him fasted until he reached a certain valley. He then called for a cup of water, which he elevated so that the people could see it, and then he drank. Afterwards, he was told that some people had continued to fast, and he said: 'Those are disobedient ones, those are disobedient ones.' " This is related by Muslim, at-Tirmizhi, and an-Nasa'i. At-Tirmizhi called it sahih.

If one has already made the intention to fast while resident but then decided to travel during the day, the majority of scholars maintain that he must fast. Ahmad and Ishaq say that he may break the fast. This opinion is based on the report of Muhammad ibn Ka'b who said: "I came to Anas ibn Malik during Ramadan while he was planning on traveling. His mount was prepared for him, and he was wearing his clothes for traveling. He asked for some food and ate. I said to him: 'Is this a sunnah?' He said, 'Yes.' Then he mounted his animal and left." This is related by at-Tirmizhi, who called it hassan.'Ubaid ibn Jubair said: "During Ramadan, I rode on a ship with Abu Basra al-Ghafari from al-Fustat. He prepared his food and said, "Come [and eat]." I said: "Are we not still among the houses [of the city - that is, they had not left yet]?" Abu Basra asked: "Are you turning away from the sunnah of the Messenger of Allah?" This is related by Ahmad and Abu Dawud. Its narrators are trustworthy.

Ash-Shaukani contends: "These two hadith prove that a traveler may break his fast before he begins his joumey. Of its credentials, Ibn al-'Arabi says: 'Concerning the hadith of Anas, it is sahih and proves that one can break the fast when he is prepared to travel.'" This is the correct position.

The type of travel that allows one to break his fast is the same as the traveling which allows one to shorten the prayers. We have discussed all of the opinions on this point under the section Shortening the Prayers, and we have also recorded Ibn al-Qayyim's conclusions on this question.

Ahmad, Abu Dawud, al-Baihaqi, and at-Tahawi recorded from Mansur al-Kalbi that Dihya ibn Khalifah traveled a distance of one farsakh during Ramadan. When he broke his fast, some of the people accompanying him did likewise. Some of them did not agree with this action. On his return to his city, Dihya said: "I saw some hing today that I did not suspect I would ever see. The people tumed away the Messenger of Allah's guidance and that of his companions." He said that about the people who had fasted. Then he said: "O Allah, take [my soul] to you." All of its narrators are trustworthy, except for Mansur al-Kalbi... although al-'Ijli affirms his credibility.