The Distinguished Jurists Primer by Ibn Rushd

The discussion of recommended fasting is about the three elements and about the hukm of breaking the fast. The days on which recommended fasting is undertaken, which is the first element, are divided into three types: desirable days, prohibited days, days about which there is silence. Some of these are disputed and some are agreed upon. The fasts that are considered desirable and are agreed upon are the fasts of the *Ashurd. Those that are disputed are the fast on the day of <Arafa, six days of Shawwal, and the ghurar in each month, and these are the thirteenth, fourteenth, and the fifteenth.

The fast of the day of Ashura is established, because “The Messenger of Allah (God’s peace and blessings be upon him) kept a fast on this day and ordered that it be observed as a fast”, and he said about it “that one who wakes up without fasting should complete the rest of the day fasting”. They disagreed whether it is the ninth or tenth day (of Muharram). The reason for their disagreement is the conflict of traditions. Muslim recorded from Ibn c Abbas that he said, “When you see the moon of Muharram, then, count the days and wake up on the ninth day fasting”. I asked him (the narrator from Ibn cAbbas), “This was the way that Muhammad, the Messenger of Allah (God’s peace and blessings be upon him) kept the fast?” He said, “Yes”. It is also related that “When the Messenger of Allah (God’s peace and blessings be upon him) kept a fast on the day of 'Ashurd and ordered that it be observed as a fast, they said, ‘O Messenger of Allah, it is a day that is held sacred by the Jews and the Christians’. The Messenger of Allah (God’s peace and blessings be upon him) said, ‘Next year, by the will of Allah, we shall fast on the ninth day.’ He said before Ashura of the next year arrived, the Messenger of Allah (God’s peace and blessings be upon him) passed away”.

Their disagreement about the day of 'arafa is based upon the reason that the Prophet (God’s peace and blessings be upon him) did not fast on the day of <-arafa, but he is also reported to have said about it: “The fast of the day of 'ara/a absolves [the sins of] the previous year and of the one to come”. The jurists disagreed because of this. Al-ShaficT decided upon not fasting for pilgrims on this day and fasting for the others by way of reconciliation between the two traditions. Abu Dawud has recorded that the Messenger of Allah (God’s peace and blessings be upon him) proscribed the fast of <Arafa at 'Arafch.

About the six days of Shawwal it is established that the Messenger *of Allah (God’s peace and blessings be upon him) said, “One fasting during Ramadan and then following it up with six days of Shawwal is like fasting through Time (perpetual fasting)”. Malik, however, considered this to be disapproved, either because people might associate with Ramadan what is not a part of it, or either because the tradition had not reached him or it did not prove to be authentic for him, which is more likely. Likewise, Malik considered as disapproved the pursuit of the fasts of the ghurar, despite the tradition laid down in it, for fear that the unlettered might consider them to be obligatory. It is established “that the Messenger of Allah (God’s peace and blessings be upon him) used to fast each month for three undetermined days, and that he said to cAbd Allah ibn c Amr ibn al-cAs, because of his excessive fasting, ‘Are three days in each month not sufficient for you?’” He said, “I said, ‘O Messenger of Allah, I am able to fast more than that’. He said, ‘Five?’ I said, ‘O Messenger of Allah, I am able to fast more than that.’ He said, ‘Seven?’ I said, ‘O Messenger of Allah, I am able to fast more than that.’ He said, ‘Nine?’ I said, ‘O Messenger of Allah, I am able to fast more than that.’ He said, ‘Eleven?’ I said, ‘O Messenger of Allah, I am able to fast more than that’. The Prophet (God’s peace and blessings be upon him) then said, ‘There is no fast beyond the fast of Dawud. Fasting one day and not fasting the other is fasting to the brink of Time (perpetual)’”. Abu Dawud has recorded that “he used to fast on Mondays and Thursdays”. It is established that he never observed fasting for the whole month, except for Ramadan, and that most of his fasts were during the month of Shahan.

The proscribed days also include those that are agreed upon and those that are disputed. Those agreed upon are the day of fitr and the day of adha, because of the established proscription about them. Those disputed are the days of tashriq, the Day of Doubt, Friday, Saturday, the second half of Sha^ban, and perpetual fasting.

' The Zahirites did not permit fasting on the days of tashriq, while another group of jurists permitted this. A third group considered this as disapproved, and this is the opinion of Malik, except that he permitted fasting during these days for the person for whom the obligation arose out of hajj, and this is for one performing the sacrifice.

These days are the three days following the day of The reason, for their disagreement derives from the vacillation of the saying of the Prophet (God’s peace and blessings be upon him) that “these are the days of eating and drinking” between being construed as an obligation and a recommendation. Those who interpreted this to imply an obligation said that fasting is prohibited (during these days), while those who interpreted it to mean' a recommendation said that fasting is disapproved. It appears that those who interpreted it as a recommendation decided this by giving it prominence over the principle of (initial) interpretation as (always) implying obligation, because they saw that if they construed it as an obligation it would be opposed by the authentic tradition of Abu SacTd al-Khudn through the indication of its text. In this tradition he said, “I heard the Messenger of Allah (God’s peace and blessings be upon him) saying, ‘Fasting is not valid on two days, the day offitr after Ramadan and the day of sacrifice’”. The indication of the text implies that fasting is valid oh days other than these two days, otherwise specifying them would be futile, having no purpose.

A group of jurists did not disapprove of fasting on a Friday. These include Malik, his disciples, and a group of jurists. Another group disapproved of fasting on this day, unless a fast was kept before it or after it. The reason for their disagreement stems from the conflict of traditions over this. One of these is the tradition of Ibn Mascud “that the Prophet (God’s peace and blessings be upon him) used to fast on three days of each month”. He said: “I have not seen him not fasting on a Friday”. This is an authentic tradition. There is also the tradition of Jabir “that a questioner asked Jabir, ‘I have heard that the Messenger of Allah (God’s peace and blessings be upon him) prohibited that Friday be singled out for fasting.’ He replied, ‘Yes, by the Lord of this House’”. It is recorded by Muslim. Included in these is also the tradition of Abu Hurayra, who said, “The Messenger of Allah (God’s peace and blessings be upon him) said, ‘None of you should fast on a Friday, unless he fasts before it or after it’”. This too"is recorded by Muslim. Those who adopted the apparent meaning of the tradition of Ibn Mascud permitted fasting on a Friday without qualifications. Those who adopted the apparent meaning of Jabir’s tradition disapproved it absolutely. Those who followed Abu Hurayra’s tradition reconciled the two tradition, that is, Jabir’s tradition and that of Ibn Mas ud.

c The majority of the jurists uphold the prohibition of fasting on the Day of Doubt considering it a part of Ramadan on the apparent meaning of the traditions that link fasting to the sighting, or with the completion of the number of the days of Shahan (thirty), except what we have related from Ibn TJmar. They disagreed about pursuing voluntary fasting on this day. Some of the jurists disapproved this on the apparent meaning of the tradition of c Ammar, “He who fasts on the Day of Doubt has defied Abu al-Qasim”. Those who permitted it did so on the report “that the Prophet (God’s peace and blessings be upon him) kept the fasts for the whole of Shahan”, and also because of the report that the Prophet (God’s peace and blessings be upon him) said, “Do not advance Ramadan by a day or by two days, unless that is the day on which one of you is accustomed to fasting, in which case he may do so”. Al-Lay th ibn SaM used to say that if the person fasts on the assumption that it is a day of Ramadan and then it is established that it is Ramadan his fast is considered to be valid. This provides an evidence that intention to fast becomes effective after dawn, as the intention of a voluntary fast is converted to that of an obligatory fast.

The reason for their disagreement about fasting on Saturday arises from their dispute about the authenticity of the report from the Prophet (God’s peace and blessings be upon him) that he said, “Do not fast on a Saturday, except (the occasion) when it is obligatory for you”. It is recorded by Abu Dawud. They said that this tradition has been abrogated by the tradition of Juwayriya bint al-Harith “that the Prophet (God’s peace and blessings be upon him) came up to her on a Friday, when she was fasting, and said, ‘Did you fast yesterday?’ She said, ‘No’. He said, ‘Do you wish to fast tomorrow?’ She said, ‘No’. He said, ‘Then break your fast’”.

The proscription for fasting perpetually was laid down, but Malik saw no harm in this, and he could have thought that the proscription was based on the apprehension of weakness or illness.

Fasting during the second half of Shahan was disapproved by one group of jurists and permitted by another. Those who disapproved it did so on the basis of the report that the Prophet (God’s peace and blessings be upon him) said, “There is no fast after the middle of Shahan up to Ramadan”. Those who permitted it did so on the basis of the report from Umm Salama, who said, “I have not seen the Messenger of Allah (God’s peace and blessings be upon him) fasting for two consecutive months, except for Shahan and Ramadan”, and also on the basis of what is related from Ibn TJmar, who said, “The Messenger of Allah (God’s peace and blessings be upon him) used to combine Shahan with Ramadan”. These traditions have been recorded by al-TahawT.

The second element (of fasts) relates to intention and I do not know of anyone who did not stipulate intention for voluntary fasting, but they did differ over the time of forming the intention in accordance with what has preceded.

The third element is abstinence from things that break the fast, and that is exactly the same as abstinence in obligatory fasting. The disagreement that exists there is carried over here.

With respect to the hukm of breaking the fast in voluntary fasting they agreed that a person who commences a voluntary fast and then cuts it off due to a legitimate reason is not liable to qadd*. They disagreed when he cuts it off intentionally and without an excuse. Malik and Abu Hamfa imposed qad& upon him. Al-Shafi T and a c group of jurists said that there is no qada> for him.

The reason for their disagreement stems from the conflict of traditions about this. Malik has related that Hafsa and cA>isha, the two wives of the Prophet (God’s peace and blessings be upon him) kept a voluntary fast together. A gift of food was brought to them and they broke their fast. The Messenger of Allah (God’s peace and blessings be upon him) said, “Fast another day in its place”. This is opposed by the tradition of Umm Hani, who said:232 “On the day of the conquest, the conquest of Mecca, Fatima came and sat to the left of the Messenger of Allah (God’s peace and blessings be upon him) when Umm Hani was to his right. She said: A maid came with a utensil containing a beverage. She gave it to him and he drank from it. He then gave it to Umm Hani who also drank from it. She said: O Messenger of Allah, I have broken my fast, for I was fasting. The Prophet (God’s peace and -blessings be upon him) said to her: Were you observing qada for something? She said: No. He said: Then it does not harm you, if it was voluntary”. Al-Shafi^T argued, for a similar implication, on the basis of the tradition of cA’isha. She said, “The Messenger of Allah (God’s peace and blessings be upon him) entered upon me and I said to him, ‘I have hidden something for you’. Fie said, ‘I had intended to fast, but bring it over’”. The traditions of cA:isha and Hafsa are not musnad.

Their disagreement over this issue has another reason. It is the vacillation of the voluntary fast between its resemblance with voluntary prayer and with voluntary hajj. This is so as they agreed that the person who commences hajj or <umra on a voluntary basis and then moves out of it is liable for qada*. They also agreed that the person who leaves a voluntary prayer is not liable for qada> as far as I know. Those who made an analogy for fasting on the basis of prayer thought that it resembles prayer more closely than it does hajj, as hajj has a specific hukm in this case, which is that it is binding upon one who has invalidated it to continue moving in it up to the end.

If the person breaks a voluntary fast out of forgetfulness, the majority hold that there is no qad& for him. Ibn TJlayya said that he is liable to qadd* on the analogy of hajj. Perhaps, Malik construed the tradition of Umm Hani to apply to forgetfulness. The tradition of Umm Hani has been recorded by Abu Dawud. Likewise, he recorded the tradition of (A*isha with almost similar words that we have stated. He recorded the tradition of 'A’isha and Hafsa in the exact same words.