The Distinguished Jurists Primer by Ibn Rushd

This book is divided into two books. The first is about obligatory fasting and the other about recommended fasting. The study of obligatory fasting is divided into two parts. The first is about fasting and the other about breaking the fast. The first part, fasting, is divided into two chapters. The first is about the kinds of obligatory fasts and the other is about the identification of its elements (arkdn). The part that includes the study of breaking the fast is divided into the identification of things which break (annul) the fast and the ahkdm related to persons who break it.

We begin with the first book in this (main) book.

We begin with the first chapter that covers the identification of the kinds of fasting

We Say: Fasting prescribed by law is obligatory and recommended. Obligatory fasting is of three kinds. The first is obligatory during a fixed time, and this is fasting during the month of Ramadan itself. The second is prescribed due to a reason, and this is fasting for expiation (kaffara). The third is fasting that a person imposes on himself; this is fasting after a vow (nadhr). The discussion in this book about the kinds of obligatory fasting is related to fasting during the month of Ramadan alone. Fasting for expiation will be discussed on those occasions where expiation is an obligatory consequence. Similarly, fasting due to a vow will be discussed in the Book of Vows.

Fasting during the month of Ramadan is obligatory on the basis of the Qur’an, the sunnay and consensus. In the Qur’an the basis are the words of the Exalted, “O ye who believe! Fasting is prescribed for you, even as it was prescribed for those before you, that ye may ward off [evil]”.211 In the sunna it is the saying of the Prophet (God’s peace and blessings be upon him), “Islam is structured on five things”—and he mentioned “fasting”; and also his words to the Bedouin, “And the fast of the month of Ramadan”. He asked, “Am I obliged for something else besides (all) this”. He replied, “No! Unless it is voluntary”. Consensus is found as there is no disagreement that has been attributed to any of the imams over this.

The person on whom it is obligatory without a choice is the believer who is a major and a sane person, who is not on a journey, is in sound health, and is free of a relieving factor, which is menstruation for women. There is no dispute over this because of the words of the Exalted, “And whosoever of you is present [living through the month], let him fast the month”.212