He thought that his fast had been spoiled, but he refrained from eating out of respect for the sanctity of the month, then it became clear that it had not been spoiled; does he have to make up that day?

If the fasting person believes that his fast has been spoiled because he committed some infraction, but he completed his fast out of respect for the sanctity of the month, but he believed that his fast had been spoiled, then after breaking the fast it became clear to him that it had not been spoiled, does he have to make up that day?

Praise be to Allah

If a person believes that his fast has been spoiled, then he refrains from eating out of respect for the sanctity of the month, then it becomes clear to him that his fast was not spoiled, then he does not have to make up that day, and the fact that he believed his fast to have been spoiled does not affect it, because he did not do anything that cancelled out the fast and he did not intend to break the fast.

We have previously explained that the more sound scholarly view is that if someone becomes uncertain whilst fasting, as to whether he wants to break the fast or not, then his fast remains valid, and he does not break the fast merely by thinking (of whether to break the fast of not), so long as he had started to fast and embarked upon the fast with a firm intention, and has not done anything to render his fast invalid. That is because the basic principle is that the fast remains valid, and uncertainty as to whether one wants to break the fast or not does not undermine the initial intention (niyyah) of fasting, unless he  firmly resolves to break his fast.

This was stated in fatwas issued by Shaykh Ibn ‘Uthaymeen and Shaykh Ibn Jibreen (may Allah have mercy on them both).

See the answer to question no. 194641

But if this is the case with regard to one who was uncertain whether to break his fast or complete it, then it is more appropriate to say that the fast of one who never thought of breaking the fast in the first place and never did anything to render his fast invalid – and all that he did was to complete his fast out of respect for the sanctity of the month – is valid and sound.

Conclusion: this fast is valid, and it counts as the obligatory fast that he intended to observe, and he does not have to do anything.

And Allah knows best.

Which takes precedence: making up missed Ramadan fasts or fasting in expiation for breaking an oath or fulfilment of a vow?

I have some fasts to make up from Ramadan, and I also have some fasts to observe in expiation for breaking an oath (kafaarat yameen). I heard once that the first thing I should do is make up the missed Ramadan fasts, and after that I should observe the expiatory fasts. Is doing it in that order obligatory, or is it permissible to do it differently?

Praise be to Allah

If someone owes days from Ramadan, he may delay making them up, so long as the next Ramadan has not begun.

Ibn Qudaamah (may Allah have mercy on him) said: To sum up, if someone owns a fast from Ramadan, then he may delay it so long as the next Ramadan has not begun, because of the report narrated by ‘Aa’ishah, who said: I used to have fasts that I still owed from Ramadan, and I would not make them up until Sha‘baan. Agreed upon. It is not permissible for him to delay making them up until the next Ramadan begins without a valid reason, because ‘Aa’ishah (may Allah be pleased with her) did not delay making up missed fasts to that extent; if she could have, she would have delayed hem.

End quote from al-Mughni (3/85)

With regard to expiation for breaking an oath (kafaarat yameen), the scholars differed as to whether it is obligatory to do it immediately or whether it may be deferred.

It says in al-Mawsoo‘ah al-Fiqhiyyah (10/14): The majority of scholars are of the view that it is not permissible to delay expiation for breaking an oath, and that when the oath is broken, the expiation must be offered immediately. End quote.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: Part of heeding the solemnity of oaths is offering expiation immediately after breaking the oath; the expiation becomes obligatory with immediate effect, because the basic principle with regard to obligatory matters is that they must be done immediately.

End quote from al-Qawl al-Mufeed ‘ala Kitaab at-Tawheed (2/456). See also ash-Sharh al-Mumti‘(15/159).

The Shaafa‘is, according to the more correct opinion, are of the view that it is obligatory to offer the expiation immediately if breaking the oath involves an act of disobedience, such as if a person swore to refrain from committing a sin, then he does it. They said: In this case, he must offer expiation immediately.

An-Nawawi (may Allah have mercy on him) said: As for expiation, if it has to do with an act that did not involve deliberate transgression, such as expiation for accidental killing, or expiation for breaking an oath, in some instances, then it may be done later on, and there is no difference of scholarly opinion in this case, because the act is excused.

But if the act involved deliberate transgression, then must the expiation be offered immediately or can it be deferred? There are two opinions which were both narrated by al-Qaffaal and his companions; the more sound view is that it must be offered immediately.

End quote from al-Majmoo‘ (3/70)

So according to the majority view, expiation for breaking an oath should be given precedence, because it must be offered immediately, whereas making up missed Ramadan fasts may be deferred.

If the time is short and there are only a few days left until Ramadan, so there is not enough time to both make up the missed fasts and offer expiation, then precedence should be given to making up the missed fasts, because that is more important, and the scholars stated that it should be given precedence over fasting in fulfilment of a vow.

An-Nawawi (may Allah have mercy on him) said: If he missed any of the fasts in Ramadan because of a valid reason, and the excuse is no longer applicable, then he must make up the missed Ramadan fasts, because that is more important than fasting in fulfilment of a vow.

End quote from al-Majmoo‘ (6/391)

And Allah knows best.

She is not sure whether she formed the intention to make up a missed Ramadan fast before dawn or not, so she changed her intention to observing a voluntary fast.

One time I was fasting to make up a missed fast, but halfway through the day I became uncertain as to whether I had formed the intention before dawn or after dawn, so I changed my intention to intending that this day’s fast would be a voluntary fast for Allah, may He be exalted. Is what I did correct, or is that not permissible? If it is not permissible, do I have to offer expiation or do anything in particular? I hope that you will answer, because I am very confused about this matter.

Praise be to Allah

Firstly:

If the accountable person is uncertain about his intention for making up a fast, and whether he formed the intention before the break of dawn or not, then the basic principle is that he did not form an intention, because this is what is certain. He is not sure whether the intention was there before dawn, so what is certain is that there was no intention, and what is certain cannot be changed by what is doubtful.

But if the questioner is affected by waswaas (whispers from the Shaytaan), then she should continue her fast on the basis that the intention is to make up for a fast, because doubts do not count if they are many; it is essential to put a stop to waswaas and doubts and not allow oneself to become carried away with them, and to avoid making things difficult for oneself, which is contrary to the easy-going teachings of Islam.

The same applies if the doubt is something that crossed your mind suddenly, when you think it most likely that the intention was sound, or there is corroborative evidence to indicate that you were fasting to make up for a missed day, such as if you do not usually fast on such a day or in such a situation except when you are making up a missed fast.

Hence the scholars said:

Doubt after doing an action does not count for anything, and the same applies if doubts occur frequently.

Secondly:

If someone starts to observe an obligatory fast, such as making up a day from Ramadan, it is not permissible for him to break the fast without a valid reason, such as sickness or travel.

If he does break the fast – with or without a valid reason – he must make up this day, and make up another day in its stead.

He does not have to offer any expiation for breaking the fast, whether it was with a valid reason or otherwise, because expiation is only required for breaking the fast by having intercourse during the day in Ramadan. See the answer to question no. 49750.

If the Muslim changes his intention from making up a missed fast to observing a general naafil (supererogatory) fast, he does not have to offer expiation for that, but he must seek Allah’s forgiveness and repent.

Conclusion:

If you had the intention from the night before to fast in order to make up a missed fast, then it is not permissible for you to break the fast.

But if that has already happened, then you must seek Allah’s forgiveness and repent, but there is no specific expiation that is required in that case.

If you are not sure whether you had formed the intention from the night before to make up for a missed fast, then the basic principle is that there was no intention to that effect from the night before. We act on the basis of what is certain, which is that the idea came to your mind after dawn. So the fast is valid as a naafil fast. This applies if there is considerable reason for doubt.

 But if you have the problem of waswaas, then this is a doubt that is not regarded as considerable, and it is an obligatory fast that is not affected by doubts or uncertainty, so it is not permissible to break the fast.

Because you broke the fast, then you must make up a day in its stead, and not do this again, but you do not have to offer expiation.

And Allah knows best.

What is the ruling on sacrificing a hermaphrodite animal?.

Praise be to Allaah.

There is no reason why a hermaphrodite animal should not be sacrificed, unless that affects the quality of the meat. 

The Messenger (peace and blessings of Allaah be upon him) described the faults which make an animal unacceptable for sacrifice. They are: obvious one-eyedness, obvious sickness, obvious lameness and extreme weakness. 

By analogy, this includes faults that are similar to these or worse, such as blindness, a limp or having a leg cut off. This has been explained in the answer to question no. 36755. 

Is seems that a hermaphrodite does not have any of these faults, unless the quality of the meat is affected. 

Al-Nawawi (may Allaah have mercy on him ) was asked about sacrificing a hermaphrodite cow and he ruled that it was permissible, as was narrated from him in Mawaahib al-Jaleel (3/239).

Observing voluntary fasts before making up fasts from Ramadan

What is the ruling on observing voluntary fasts before making up obligatory fasts from Ramadan?

Praise be to Allah

The scholars differed concerning the ruling on observing voluntary fasts before making up missed fasts.

Some scholars were of the view that “it is not correct to observe voluntary fasts before making up missed fasts, and that the one who does that is a sinner.” The reason they gave for that was that an optional (non-obligatory) action should not be done before an obligatory action.

Some scholars said that it is permissible so long as time is not short. They said: So long as there is sufficient time, it is permissible to observe optional fasts, just as one may perform optional prayers before praying (an obligatory prayer). For example, the time of Dzuhr starts after the sun reaches its zenith and ends when the shadow of an object is equal in length to its length, so one may delay Dzuhr to the end of its time, and during this period it is permissible to offer optional prayers, because there is sufficient time.

This is the view of the majority of fuqaha (jurists), and was the view favoured by ash-Shaykh Muhammad ibn ‘Uthaymeen, who said: “This is the most correct view, and his fast is valid and he is not a sinner, because this is a clear analogy… And Allah says (interpretation of the meaning):

‘and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days’

[al-Baqarah 2:185]

This means that he has to make up (the missed fasts) on other days, but Allah did not stipulate that they must be consecutive days; if He had stipulated that, then they would have had to be made up immediately. This indicates that there is some room for maneuver in this matter.”

Secondly: with regard to fasting on Mondays and Thursdays with the intention of making up missed fasts.

Fasting in the month of Rajab

Is there any special virtue in fasting during the month of Rajab?.

Praise be to Allaah.

Firstly: 

The month of Rajab is one of the sacred months of which Allaah says (interpretation of the meaning): 

“Verily, the number of months with Allaah is twelve months (in a year), so was it ordained by Allaah on the Day when He created the heavens and the earth; of them four are Sacred (i.e. the 1st, the 7th, the 11th and the 12th months of the Islamic calendar). That is the right religion, so wrong not yourselves therein”

[al-Tawbah 9:36] 

The sacred months are: Rajab, Dhu’l-Qa’dah, Dhu’l-Hijjah and Muharram.  

Al-Bukhaari (4662) and Muslim (1679) narrated from Abu Bakrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “The year is twelve months, of which four are sacred: three consecutive months, Dhu’l-Qa’dah, Dhu’l-Hijjah and Muharram, and Rajab Mudar which comes between Jumaada and Sha’baan. 

These months are called sacred for two reasons: 

1-     Because fighting therein is forbidden unless initiated by the enemy

2-     Because transgression of the sacred limits therein is worse than at other times. 

Hence Allaah has forbidden us to commit sins during these months, as He says (interpretation of the meaning): 

“wrong not yourselves therein”

[al-Tawbah 9:36]  

Although committing sins is haraam and forbidden during these months and at other times, in these months it is more forbidden. 

Al-Sa’di (may Allaah have mercy on him) said (p. 373): 

In the phrase “wrong not yourselves therein”, the pronoun may be understood as referring to twelve months. Allaah states that He has made them a measure of time for His slaves, which they may use for worshipping Him, and thank Allaah for His blessings, and they serve the interests of His slaves, so beware of wronging yourselves therein. 

The pronoun may also be understood as referring to the four sacred months, and this forbids them to wrong themselves in those months in particular, as well as it being forbidden to do wrong at all times, because it is more forbidden at this time, but it is worse at this time than at others. End quote. 

Secondly: 

With regard to fasting the month of Rajab, there is no saheeh hadeeth to indicate that there is any special virtue in fasting all or part of this month. 

What some people do, singling out some days of Rajab for fasting, believing that they are better than others, has no basis in sharee’ah. 

But there is a report from the Prophet (peace and blessings of Allaah be upon him) which indicates that it is mustahabb to fast during the sacred months (and Rajab is one of the sacred months). The Prophet (peace and blessings of Allaah be upon him) said: “Fast some days of the sacred months and not others.” Narrated by Abu Dawood, 2428; classed as da’eef by al-Albaani in Da’eef Abi Dawood. 

Even if this hadeeth were saheeh, it indicates that it is mustahabb to fast during the sacred months. So if a person fasts during Rajab because of this, and he also fasts in the other sacred months, there is nothing wrong with that. But singling out Rajab for fasting is not right. 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said in Majmoo’ al-Fataawa (25/290): 

As for fasting in Rajab in particular, the ahaadeeth concerning that are all da’eef (weak), and in fact mawdoo’ (fabricated). The scholars do not rely on any of them. They are not among the da’eef ahaadeeth which have been narrated concerning virtues, rather most of them are fabricated and false. In al-Musnad and elsewhere there is a hadeeth which says that the Prophet (peace and blessings of Allaah be upon him) enjoined fasting the sacred months, namely Rajab, Dhu’l-Qa’dah, Dhu’l-Hijjah and Muharram, but this has to do with fasting during all of them, not just Rajab. End quote. 

Ibn al-Qayyim (may Allaah have mercy on him) said:  

Every hadeeth which mentions fasting in Rajab and praying during some of its nights is false and fabricated.” End quote from al-Manaar al-Muneef, p. 96 

Al-Haafiz ibn Hajar said in Tabyeen al-‘Ajab (p. 11) 

There is no saheeh hadeeth that would count as evidence which speaks of the virtue of the month of Rajab, or that speaks of fasting this month or part of it, or of spending any particular night of it in prayer.  

Shaykh Sayyid Saabiq (may Allaah have mercy on him) said in Fiqh al-Sunnah (1/282): 

Fasting in Rajab is no better than fasting in any other month, except that  it is one of the sacred months. There is no report in the saheeh Sunnah to suggest that there is anything special about fasting in this month. Whatever has been narrated concerning that is not fit to be quoted as evidence. End quote. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about fasting on the twenty-seventh of Rajab and spending that night in prayer. He replied: 

Fasting on the twenty-seventh of Rajab and spending that night in prayer is a bid’ah (innovation), and every bid’ah is a going astray. End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen, 20/440.

Source:- Islamqa.info