Conditions Of Fasting
WHAT ANNULS AND WHAT DOES NOT ANNUL A FAST
1- Doing anything contrary to Fasting deliberately annuls the Fast.
2- Eating, drinking or having sex during the day by forgetting that it was Ramadan, the Fast is not annuled, but Allah forgives when something is forgotten. (But Malikis think that the Fast is annulled).
3- If somebody is seen doing something like eating during a Ramadan day and we know that this person had intended to keep Ramadan we look, if he is a very weak person like very old we don’t have to warn him, only if strong enough to keep Ramadan we warn him.
4- Small amounts of naturally unavoidable swallowing of things do not annul for example a food particle sticking between teeth or somewhere else maybe swallowed and this will not annul the fast.
5- Swallowing own saliva or the water left after rinsing the mouth does not matter.
6- Swallowing small objects by accident which have no food value does not annul.
7- If bleeding occurs inside the mouth small maounts which does not overpower the saliva and not give a strong taste of blood maybe swallowed accidentally and does not annul.
8- Small amounts of tears or sweat might be accidentally swallowed with no harm. Neither the dust in the atmosphere or pollen or other tiny objects enter into the nose or mouth do matter.
9- Small amounts of unhelpable vomitting may be swallowed both with no harm, if it is too much and fully in the mouth it should be rather spat out, rinse mouth and annul Sawm.
10- Showing slight sexual tenderness to one’s spouse like kiss, caressing, hugging unless there is serious arousal do not annul.
11- Any way of having an organism with or without touching a partner annuls the fast.
12- Even when touching somebody like the wife from behind the clothing and without intending an organism. If an organism happens it does not annul. The measure of whether it does or does not is feeling the warmth of the wife’s skin.
13- But if it is the wife who is hugging and holding without the husband meaning any and happens the husband’s fast remains, etc.
Lastly all these and more are only opinions and there are difference of it among many Alim’s and it is better to avoid all such compromising situation like over eating and having to vomit or contacting your spouse too much.
There are also opinions that medicine externally applied to a wound but reaches the blood stream annuls the fast or an injection of medicine annuls the fast. These are controversial and as such Allah’s mercy and indulgence might be the better outcome.
WHO NEED NOT FAST ON A CERTAIN DAY
Those who are unwell or travelling or women suckling and women in menstruation or juniors below the age of puberty or people too old and weak to fast or people so nervous that when they fast they feel like going mad are allowed not to fast, but either make kaza later on or pay fitya. The rest must either make Kaza if they can make it or pay Fitya, which is an amount of cash or food able to feed a poor person with an average meal.
WOMAN IN LABOUR
OTHER KAFARATS:- KAFARATUL QATL:-
Kaffaret means paying up the penalty for some obligation you failed to carry out, a compensation.
If a Mu’min kills a person by accident whether the person is a Mu’min or Zimmi (subjects e.g. Christians), he can make Kefaret by setting free a slave or fasting for two months continously on top of paying blood money as decided by a judge.
KEFARETUL YEMIN/OATH
When somebody breaks an oath he also must get free a slave or feed 10 poor people or Fasting the Fast for three days consecutively. Instead of feeding 10 poor people he can feed or pay one person for 10 days. Food can be replaced by clothing of about equal value if it is clothing that the needy person needs more.
KEFARET AL ZIHAR
Zihar used to be a form of divorce among Pagan Arabs when a husband culd say to his wife, let your back be to me like my Mothers back to me, this caused instant and irrecovable divorce. Allah banned this kind of divorce but in case it just happened He showed a way out. Its Keffaret is exactly like Kefaret ul Sawm, but until the Keffaret is completed the man cannot contact his wife.
Note:- An oath is a real oath only when said by intention. Accidental utterance of an oath without meaning anything by it is not a real oath and needs no Keferet, only apology and explanation will do.
Also an oath made in good faith like I had payed my debt to you or you did not pay me is not taken seriously if such statements are based on forgetting.
Another case of void oath is promising or denying the impossible. If you say ‘if you do that for me I shall make you the king of
Any oath promising a Haram like I shall not fast anymore in my life is not binding, he can and should fast and no kaffaret is necessary.
All in all such matters should be serious and realistic to incur Kefferet.
OATHS
An Oath exacted under compulsion or threats is not binding according to Imam Shafa’i. Among Hanafiye this is not often so but Shafi’I maybe right because Allah says “Compulsion is not allowed in religion”. Also Allah said He will forgive woman prostitutes if they were compelled into it. Why not forgive a man who is made to give an Oath under compulsion.
ITIKAF
During Ramadan there is an exceptional form of devotion called Itikaf which means ‘continous devotion set in a certain form’.
In Fiqh it means residing in a Mesjid with the Intention of devoting himself to Allah’s service for a fixed period. It is Sunnetul Muekedde to make Itikaf during the last 10 days of Ramadan.
Other than this, one can make Itikaf lasting from 1 Hour to 1 or More Days. This is Nafl and has no definite description, you just don’t talk about worldly matters except in emergencies but do various kinds of devotion like Salah, Qur’an, etc, and if it will be a day or more also Fasting.
Itikaf is the only form of extended ascetic practise in Islam. Other forms are basically invented or copied from other religions.
To make Itikaf one must be a Sane Adult Muslim, free from pollutions or polluted state.
He must make the Intention.
It must be done in a Mesjid or similar place which can be used as a Mesjid.
Fasting outside Ramazan is very desirable but not obligatory.
Women also can do it, as well as slaves.
Children are also mentioned but this may not be so. If children were subject to Itikaf, this could be abused by parants to confine them, so in my humble opinion Bulugh or Adolescence should be reached before Itikaf to be meaningful.
The person doing the Itikaf must avoid all sinful speech and acts. He may talk piously when necessary or may preach but not talk unnecessarily. If a person adds an Intention of Fasting to the Itikaf he should Fast but if his Itikaf coincides with days in Ramadan, Ramadan Fasting is enough, he need not to fast outside Ramadan to complete the number of days intended.
The person cannot leave the Mosque without a good reason. Even joining a funeral or visiting a doctor or for relieving his pain more than an hour is said to annul the Itikaf, but allowing himself in advance to go out for such reasons is said not to annul the Itikaf. These are a bit too theoretical matters and provided things are done in good will pious or emergency departures from the Mosques should not annul the Itikaf.
If a Wajib Itikaf like Ramadan is damaged by doing something not allowed, it should be repeated all over again.
NAZR
Nazr is a promise to do or sacrifice something incase something happens. This promise should be given to Allah to be kept for Allah’s sake.
Among Hanifiye at least the Nazr should be promised for the realisation of a purely worldly aim because they say something should be promised without any worldly aim in mind. Allah knows best but almost in all cases the Muslim public make Nazr for the realisation of a Helal aim which should not be so much discouraged.
When Zekeriyye (as) asked for a son from Allah, Allah told him that the sign that a son was about to be given he should not be able to talk to anybody for three days. And while in a state of Itikaf, although his wish for a son was for Allah’s sake it was still a worldly blessing as well so one should not be too strick about such matters and stop people from Nazr provided the wish is Helal. After all Allah Himself uses our worldly needs to encourage us and persuade us to worship him and many of Rasulullah’s prayers mention Helal worldly needs in return for their prayers for Allah.
NOW THE CONDITION FOR NAZR
The promise made must be about a known and accepted form of worship like Salah or Sawm or Sadaqa. Parts of such devotion like only making Wudu or only Sejdeh are not considered enough.
What is already owed to Allah like praying your noon prayer, cannot be a noon prayer, cannot be a Nazr.
Nothing Sinful cannot be a promise of a Nazr like “I shall sacrifice my son to Allah”.
Nothing which is impossible can be promised like ‘I shall fast yesterday’. Nothing can be promised which is owned by somebody else and promised without his permission.
Lastly one should be very careful in making a Nazr. He should not overburden himself or compromise himself or create an embarrassing situation. In fact it is better to do charitable acts without bothering with Nazrs or anything and for ones needs to pray Allah and wait for Allah’s gifts is better.
KITAB UL ZAKAT
WHAT IS ZAKAT
Is that part of your wealth which is cash or commercial commodities convertible into cash, whether precious metals like gold or bank-notes or coins or live-stock all of which pays Zakat at the rate of 1/40 after it has matured by hoarding over a whole year year.
The dictionary meaning of Zakat is purity, or purification or blessing. In Fiqh it means the delivery of part of one’s wealth of a given amount at a defined time to a defined recipient or recipients for Allah’s sake.
The giving of Zekat is called Tazkiye. The giver is called a Muzekkiy, the one who purifies himself.
Zakat id Farz for persons having assets of a minimum amount for a minimum time of possession.
WHEN ZAKAT BECOME FARZ
The Muzekkiy should be Muslim, sane and adult.
Persons not with these qualifications have no Zakat to pay, however insane people have some considerations so long they are insane they give no Zakat, but if they get better even for a few days during their insanity they should be reminded of their Zakat and should pay it. However it looks more responsible for their guardian to pay on their behalf from the insane person’s wealth if that is the case but Imams are not agreed on this.
Zakat is paid from that portion of wealth which is in excess of the person’s essential needs and his liabilities like his debts if and when these are deducted. If when these are deducted no wealth remains, no Zakat applies, what is more the person must be in continous possession of the said excess amount before Zakat applies. The minimum amount from which Zakat applies is called Nisab.
Essential need consists of a residence and its furniture, the clothing, any essential weapons, other tools and instruments, books and personal transport like ahorse or a car and in olden times any slaves owned for personal use and not for employment. These make up the exempt part of the wealth.
For an article of wealth to be subject to Zakat it must be able to grow. Fixed assets like a family home occupied by the family is not subject to Zakat even when its value goes up because of rising house prices, but commercial stores which can be sold or may increase in value are subject to Zakat.
Cash in the form of precious metals or minerals (like jewels) or in the form of banknotes and coins and merchantable objects are subject to Zakat, but woman’s personal jewellery are not subject to Zakat.
The wealth belonging to a person must be actually available to spend. Any debts receivable from others by the person cannot be included in Zakat calculation until they are received. But ownership does not mean being present near one’s assets. A traveller cannot use or handle the articles of his wealth back at home but can order his agents to pay the Zakat from them.
For any assets to be subject to Zakat it should be owned continuously for a whole year. This is a Lunar Year.
When the amount of wealth fluctuate throughout the year without artificial manipulation the smallest level maybe taken as the basis, but if the fall is of short duration and the amount recovers at the end of the year the higher level is taken as the basis. Anything paid as Sadaqa remains as Sadaqa, it cannot be given back retroactive by being upgraded to Zakat.
Any article of wealth which cannot be controlled or cannot be benefited from are not taken into account. So if you have a case of Gold Coins fallen to the bottom of the sea which nobody can take out is not subject to Zakat.
All debts owed to others can be deducted from ones assets and Zakat only applies to the remaining part if that is over (the minimum amount).
If somebody is the Guarantor of a debt taken by another person the guaranteed amount is deducted from Zakat calculation because this man may have to pay up the guaranteed amount if the debtor cannot pay and is taken to court.
Most animals like hunting hounds, horses for riding, pet dogs etc are not subject to Zakat. Only merchantable animals meant for riding and selling are subject to Zakat.
Also animals kept for food or as for breeding reasons like a stallion or a bull are not subject to Zakat, although Imam Malik disagrees.
Any wealth held illegally is not subject to Zakat but should be returned to its rightful owners.
ZAKAT FROM SHEEP AND GOATS
From less than 40 animals there is no Zakat, when 40, one is given in Zakat when they reach 120. From 40 to 120 you give one animal.
From 121 to 200, two animals are given.
From 201 to 403, three animals are given and so on a so forth.
All animals should be older than one year. These numbers can be of mixed specimens for example if one has 20 goats and 20 sheep, one of either will do.
ZAKAT FROM CATTLE AND BUFFALOES
From cattle like cows and buffaloes, Zakat applies as from 30 of these. From 30 to 40 animals a calf over two years of age is givable.
40 to 90 – Two such calfs are given.
With 90 animals, three such calfs.
For 100 animals, one cow and two calfs so on and so forth.
CAMELS
Zakat starts from five animals. For five camels over one year of age, one sheep is given.
From 10 to 25 camels one sheep for every five animals.
For 25 camels is given a female camel calf of two years of age.
At 36 animals to 45, one female camel aged three or more is given, so on a so forth.
All give away camels are female but male also can be given in which case their commercial price is taken into consideration. One big male may count as two females for example.
COMMERCIAL STOCKS
All saleable commodities come under taxable wealth. Any such stock which at the beginning of Zakat tax year is equal or more than in value to the value of 200 drams of silver or 20 Mithqal gold, are charged on the basis of any increased value at the end of the tax year. Fluctuations are not taken into account. But if at the end of the year they are less than Nisab, no tax applies. The valuation is made at the current market values locally applying. One consideration is that these commodities must really be kept for commercial reasons. The payment need not be made in kind.
ZAKAT FROM CASH
Gold, silver and other precious metals need not be in coin form. They may be in any form like nuggets or bars but once the total attains Nisab it becomes taxable but the tax itself may be paid in any form. The same applies to banknotes. The Nisab for gold is 20 mithqal and that of silver is 200 drams. The rate is 1/40 e.g. from 200 drams of silver 5 drams of silver must be driven away.
Imam Abu Hanife ruled that amounts in excess of Zakat Nisab become taxable each time the increase reaches 40 units e.g. if somebody has 239 drams of silver he pays only 5 drums out of the 200 and none for the 39. His pupils Abu Yusuf and Muhammad disagree, they say any excess becomes taxable at the same 1/40 rate.
In gold and silver Nisab also are included gold and silver jewellery like bracelets, earnings etc. Again the Zakat can be paid in any form like cash and no change of hand of the gold need take place.
ZAKAT FOR AGRICULTURAL PRODUCE
From all agricultural produce the amount in excess of the land owners needs for a year is subject to tax and it is 1/10 on the excess amount. This is called U’ushr. Again Abu Hanife thinks that no Nisab should be considered, 1/10 should be taken in tax but other Imams allow for a Nisab.
TO WHOM ZAKAT IS DISTRIBUTED TO
These are 7 categories.
1. Poor muslims. 2. The destitute. 3. Those under heavy debts. 4. Travellers who can’t access their assets being far from home. 5. Slaves who need money to buy their freedom. 6. Muslim fighters to equip themselves with rides and arms and have food and 7. The officials who are in charge of collecting or distributing Zakat.
The Zakat payer can choose any of these category’s to give his Zakat direct to the needy. Alternatively the government may pay Zakat, keep 1/5 for government expenses and distribute the rest as described above.
TO WHOM ZAKAT CANNOT BE GIVEN
None of a person’s dependants whether parents or children or grandchildren is entitled to receive Zakat from him. Abu Hanife believes that a rich wife cannot give Zakat to his poor husband because they have a shared interest, but his two pupils Imam Muhammad Shayban and Abu Yusuf disagree, nor Zakat can be given to Prophets descendants and those descending from his uncles, like Abbass (ra).
These persons may be given however a share from spoils of war (Ghanimet). However some jurists think that Bani Hashim can be given Zakat. The receiver must be needy himself unable to give Zakat. Zakat can be given to the poor members of a family among whom are also rich members because those rich members may not be generous.
No Zakat is payable to non-muslims because Rasulullah said “take Zakat from rich muslims and give to poor muslims”. Only Imam Zufar thinks that Zakat can be given also to Zimmi (non-muslim subjects) but the better understanding should be giving Sadaqa to them.
Zakat must begin from family members so one brother or sister can give to other brothers and sisters or to their sons and daughters to uncles and aunts and their children and to those less and less related, like a second cousin.
Next comes other poor people living locally.
If these rules are not observed and one sends Zakat to total strangers overseas while depriving his brother or cousin he offends Allah, since his brother will be offended.
While Zakat is given it should be stated as such and recipient should acknowledge it as such.
Zakat paid to a person on the basis of a first impression that he is poor and deserving but later found to be not the case cannot be taken back but will not count as Zakat either, it must be given to somebody who deserves it which means some investigation about the person must be made.
ZAKAT AL FITR
This is paid after Ramadan preferably on the first day and the amount is One Fitra (average meal) for yourself and each of your dependants. This is payable to a poor person.