Praying on a Moving Vehicle

بســــــــــــــــــــم الله الرحمٰن الرحيم

Question: how does a traveller pray on a moving vehicle?

Answer: it depends on what type of vehicle one is travelling in and what type of prayer one is praying.

First of all, it is worth mentioning that the Muslim traveller should strive to plan his trip in a way that makes it possible for him to pray his prayers on-ground rather than on-board. He should take advantage of the concession the Sacred Law has granted him to combine the Dhuhr and ‘Aṣr prayers together, as well as the Maghrib and ‘Ishā’ prayers together. (This isn't permitted in the Ḥanafī school, although Ḥanafīs may do "apparent combining" by, for example, praying Dhuhr close to the end of its time and then praying ‘Aṣr at the first of its time.)

At times though, even this isn't possible. In such cases when one must pray on-board, one must ensure that one is worshipping one's Lord in the correct manner and not fall into the mistakes that many lay-people fall into. In this regard we present the following.

Praying on a Plane

Nafl (Optional) Prayers

If the prayer is a nafl prayer:

• One may pray it seated.
• If possible, one must face the qiblah with one's chest throughout one's prayer. If not possible, one must do so when saying the opening takbīrah, following which one turns to face the plane's direction of travel for the rest of one's prayer. If not possible, one may simply face the plane's direction of travel from beginning to end.
• One does rukū‘ and sujūd when seated by inclining forward. If able to, one must incline further for one's sujūd than one does for rukū‘.

Farḍ Prayers

If the prayer is a farḍ prayer, then:

• One must pray it standing, facing the qiblah, and performing a complete rukū‘ and sujūd, by agreement of the four madh'habs (schools of Islamic law). This is indeed possible in some areas of the plane, such as the aircrew galleys besides the lavatories and in front of the emergency exit doors.
• Such a prayer, though, must then be reperformed as qaḍā’ once one has landed, and cannot be performed in jamā‘ah on the plane. This is according to the more correct (asaḥḥ) opinion of the Shāfi‘ī school, the reason being that istiqrār (being firmly settled on the ground) is one of the conditions of a farḍ prayer, this being absent when on a plane. This makes the reperformance of the prayer upon landing necessary, and any prayer that must eventually be reperformed cannot be prayed in jamā‘ah. However, according to Ḥanafī and Mālikī scholars, as well as in a second opinion within the Shāfi‘ī school, such a prayer need not be reperformed.
• If one cannot pray a farḍ prayer as such, one prays it however one is able to, seated or otherwise. However, one must then reperform it as qaḍā’ upon landing, by agreement of the scholars.

Praying on a Ship

All of the above likewise applies to praying on a ship, except that no qaḍā’ is required according to all schools if one performs the farḍ prayer complete with all its conditions and integrals.

Praying on a Bus, Train, or Car

As for prayers on a bus, train, or car:

• If it's possible to perform a farḍ prayer with all its conditions and integrals on the vehicle, one may do so, just as if one were on a ship.
• However, this is usually very difficult on a bus and train, and impossible in a car – in terms of facing the qiblah, standing, and performing a complete rukū‘ and sujūd – which means that in most cases, one will need to disembark so as to pray.
• If disembarking is not possible, one prays however one can on the vehicle and then makes up for it as qaḍā’ later on when able to.

Determining the Qiblah Direction and Prayer Times on One's Flight

The following site contains a handy calculator which can assist one in determining the qiblah direction and prayer times on one's flight: https://www.halaltrip.com/prayertimes/inflight/

One should use the "University of Islamic Sciences, Karachi" method for calculating Fajr and ‘Ishā’ as it is the most accurate of the listed methods. Also, it would be a good idea to search up the average cruising altitude of one's flight beforehand in order to get more accurate times.

And Allah knows best

وآخر دعوانا أن الحمد لله رب العالمين. وصلى الله على سيدنا محمد وعلى آخر وصحبه وسلَّم.

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References

• Reliance of the Traveller, Sh. Nuh Ha Mim Keller (translation of ‘Umdat al-Sālik by Imām Aḥmad ibn Naqīb al-Miṣrī)
• التقريرات السديدة في المسائل المفيدة، للسيد حسن بن أحمد بن محمد الكاف
• http://islamqa.org/shafii/qibla-shafii/34250/praying-on-a-plane-2
• http://seekershub.org/ans-blog/2015/02/14/can-i-pray-in-a-car-how-to-pray-in-a-train/

‘Awrat of a Man and Woman in Different Scenarios

بســـــــــــــــــــم الله الرحمن الرحيم

The term ‘awrah (pl. ‘awrāt) refers to two things: that which must be covered of the body, and that which is unlawful to others to look at of one's body.

The ‘awrah of a man differs over four scenarios:

1. When alone – his ‘awrah is his front and rear private parts (one must remember that there are angels and jinn present around, even when in isolation)
2. During ṣalāh, and when in the presence of men and maḥram women – his ‘awrah is what is between the navel and knees. The navel and knees themselves aren't part of the ‘awrah, though a portion of each of them must be covered, due to the legal principle “whatever is required in order for the fulfilment of a wājib is itself wājib”, and the wājib of the complete covering of what is between the navel and knees cannot be achieved except by covering a portion of each.
3. In the presence of non-maḥram women – his ‘awrah is his entire body.
4. In the presence of his wife – there is no ‘awrah, though it is makrūh for her to look at his private organ.

As for the ‘awrah of a man in the presence of non-maḥram women (scenario number 3 above), the mu‘tamad (relied-upon) position of the Shāfi‘ī school is that it is his entire body, as confirmed by Imām al-Nawawī. As such, a woman may not see anything of a non-maḥram man, even when there is no desire (shahwah) and no likelihood of temptation (fitnah). However, there are alternative positions within the school that were held by its authorities, these being:

1. The position of Imam al-Rāfi‘ī and Imām al-Mawardī that his ‘awrah in this scenario is what is between his navel and knees when there is no likelihood of temptation (“temptation” meaning anything that leads to sexual intercourse or the acts that usually precede it).
2. The position of Imām al-Jalāl al-Bulqīnī that his ‘awrah in this scenario is his entire body except for his face and hands when there is no likelihood of temptation, this being a strong position within the school.
3. The position that his ‘awrah in this scenario is that which is usually covered while he is working, elaborated upon above.

The ‘awrah of a woman differs over five scenarios:

1. When alone, and when in the presence of women and maḥram men – her ‘awrah is that which is between the navel and knees.
2. In the presence of religiously corrupt women (fāsiqāt) and non-Muslim women – her ‘awrah is that which is usually covered while she is working in the house. This includes her entire body except for her head, face, neck, hands up to the elbows, and feet up to the knees.
3. During ṣalāh – her ‘awrah is her entire body besides her face and hands. (It must be noted that her feet are included as part of the ‘awrah, as are her wrists, and so they must be covered.)

4. In the presence of non-maḥram men – her ‘awrah is her entire body.
5. In the presence of her husband – there is no ‘awrah, though it is makrūh for him to look at her private organ.

As for the ‘awrah of a woman in the presence of non-maḥram men (scenario number 4 above), the mu‘tamad (relied-upon) position of the Shāfi‘ī school is that it is her entire body. As such, a man may not see anything of a non-maḥram woman, even when there is no desire (shahwah) and no likelihood of temptation (fitnah), and a woman must cover her entire body before non-maḥram men. However, there is a second position that her ‘awrah in such a scenario is her entire body excluding her face and hands (note that her feet are not excluded, therefore they must be covered) provided that there is no fear of temptation and desire, and that there be no adornment on her face. The 13th Hijrī-century scholar Shaykh Ibrāhīm al-Bayjūrī stated, “There is no harm in following this second position, especially in this age in which women going out to the streets and markets has become widespread.” (Ḥāshiyat al-Bayjūrī 2/141)

An important note must be made regarding the ‘awrah of a woman before other women and her maḥram men (scenario number 1 in the discussion on the ‘awrah of a woman), as well as the ‘awrah of a man before other men and his maḥram women (scenario number 2 in the discussion on the‘awrah of a man). The letter of the law is that their ‘awrah in such scenarios is only that which is between the navel and knees. However, one must be warned that this is what is considered the legal bare minimum. It is not to be taken as a green light to freely uncover sensitive parts of one's body which are legally not considered ‘awrah in the presence of such people, particularly when among youths, for Islam is a religion of modesty, and modesty entails decency in covering appropriately before others, regardless of gender or kinship. This is especially true in our age where indecency is ever so swiftly becoming the norm, to the point that immoral behaviours are now taking place among relatives and those of the same gender (Allah protect us!). Rather, one must fear Allah and dress appropriately before one's maḥrams and those of the same gender (and perhaps follow the stricter positions of those such as the Mālikīs which oblige covering and forbid looking at such parts of the body in these scenarios), until and unless a genuine need arises, in which case one may make use of the bare minimums that the Sacred Law have laid down, to the extent needed.

Unmarriageable Kin (Maḥram)

Given that one needs to cover to a different degree before the opposite gender based on whether he or she is a maḥram, the question arises: what is a maḥram, and who are one's maḥrams?

A maḥram is someone one is permanently forbidden to marry. A man's maḥrams are his:

1. mother, grandmothers, and on up;
2. daughters, daughters of his children (i.e. granddaughters), and on down;
3. sisters;
4. mother's sisters (i.e. maternal aunts), grandmother's sisters, and on up;
5. father's sisters (i.e. paternal aunts), father's father's sisters, and on up;
6. daughters of brothers or sisters (i.e. nieces), their children's daughters, and on down;
7. wife's mother, grandmother, and on up;
8. the wives of his father, father's father, and on up;
9. the wives of his children, children's children, and on down;
(all of whom from 7. to 9. are unlawful for him to marry by the mere fact of marriage. As for a
man's wife's daughter from a different husband, she is not unlawful for him to marry until he has had sexual intercourse with her mother. Were he to divorce the mother before intercourse, it would be permissible for him to marry the daughter.)
10. and all those considered as maḥrams to him through his having been breast-fed by a particular wet nurse in infancy.

A woman's maḥrams are her:

1. father, grandfathers, and on up;
2. sons, sons of her children (i.e. grandsons), and on down;
3. brothers;
4. father's brothers (i.e. paternal uncles), meaning the brother of any male ancestor;
5. mother's brothers (i.e. maternal uncles), meaning the brother of any female ancestor;
6. sons of brothers or sisters (i.e. nephews), or any other descendants of brothers or sisters;
7. her husband's father, grandfather, and on up, and husband's son and descendants;
8. the husband of her mother, grandmother, and on up;
9. the husband of her daughter or other female descendant;
10. and maḥrams to her through her having been breast-fed by a particular wet nurse in infancy.

Examples of those who aren't one's maḥrams are:
• one's cousins,
• uncles' wives (for men),
• aunts' husbands (for women),
• one's brothers-/sisters-in-law,
• and anyone else who doesn't come under the two above-mentioned lists.

How One Must Cover Before Children

As for non-murāhiq children (i.e. children who are not yet close to puberty):
1. if they have not reached an aged where they can identify and describe ‘awrāt, then their presence is like their absence.
2. if they are able to identify and describe ‘awrāt but without desire (shahwah), then one must cover before them as one does before a maḥram.
3. if they are able to identify and describe ‘awrāt with desire, one must cover before them as one does before an adult.

As for murāhiq children (i.e. children who are approaching puberty), they are treated as adults in all cases. As such:
• a woman must fully cover herself before a murāhiq boy and vice versa.
• a murāhiqah girl must fully cover herself before other men and vice versa.
• men must lower their gazes from a murāhiqah girl and vice versa.
• one may not shake hands with or touch a murāhiq[ah] of the opposite gender.

These rules are unbeknown to many people, particularly women. Many are those who will think, “Well, I don't have to cover in front of him, he's only 12 years old,” or, “My daughter doesn't have to wear ḥijāb yet, she's still 10 years old.” These are matters which one must make known to one's family and friends for the sake of their religion's safety, particularly in our times wherein children are now being exposed to lewdness at such young ages (Allah protect us, our families, and our communities!).

We ask Allah to grant us the divine facilitation to carry out His commands. We ask Him Most Merciful to veil our faults, to assuage our fears, to overlook our shortcomings, to grant us, our families and our communities safety and wellbeing, and to make us of His righteous servants.

And Allāh knows best.

وآخر دعوانا أن الحمد رب العالمين. وصلى الله على سيّدنا محمد وعلى آله وصحبه وسلَّم.

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References

• Reliance of the Traveller, Sh. Nuh Ha Mim Keller (translation of ‘Umdat al-Sālik by Imām Aḥmad ibn Naqīb al-Miṣrī)
• التقريرات السديدة في المشائل المفيدة، للسيد حسن بن أحمد بن محمد الكاف

• مغني المحتاج شرح المنهاج للخطيب الشربيني

• حاشية البيجوري على شرح ابن قاسم الغزي على متن أبي شجاع

Basic Fiqh of Trade

Bismillāh, wa l-ḥamdu lillāh, wa ṣ-ṣalātu wa s-salāmu ‘alā Rasūli llāh, wa ‘alā ālihī wa ṣaḥbihī wa man wālāh. Ammā ba‘d:

Our scholars mention that it is unlawful for one to undertake an action unless one knows what Allah has permitted and prohibited with respect to it and the conditions for its legal validity. Trade is an activity many people are involved in on a daily basis, yet most are ignorant of its basic rules, integrals and conditions. As such, this article will, in shā’ Allāh, serve as a brief guide, in accordance to the Shāfi‘ī school (although practiceable for those following other schools), to the basic fiqh of trade that every Muslim who wishes to buy and sell must know. And Allah is the granter of divine facilitation.

Integrals of a Transaction

Every transaction must consist of six matters:

(a) a seller;
(b) a buyer;
(c) an article to be transacted;
(d) a price;
(e) an offer from the seller; and
(f) an acceptance from the buyer.

As for the seller and buyer, they must:

(a) be sane;
(b) be pubescent (bāligh) (Note: Imām Aḥmad permits the buying and selling of minor items by children. Imām Abū Ḥanīfah permits for children to buy and sell provided they have their guardian's prior permission.);
(c) be of sound judgement in one's religious and worldly matters; and
(d) not be forced without right.

If it is book containing Qur’ānic verses (even if a slight amount) or a book of Sacred Knowledge, it is additionally stipulated that the buyer be a Muslim.

As for the article being transacted, it must:

(a) be pure in and of itself, or affected with filth but capable of being purified by washing;
(b) be of benefit;
(c) be deliverable;
(d) be in the ownership of the seller or the person who has authorised the seller to transact on his behalf; and
(e) be determinately known to the seller and buyer as to its quantity, its description, and which particular item it actually is.

These conditions likewise apply to the price being paid.

The following are examples of transactions that are excluded by the abovementioned conditions:

(1) (non-(a) above) the trade of dogs, pigs, non-halal meat (such as that usually found in pet food), food or drink with ḥarām additives, etc. as they are filthy in and of themselves; likewise the trade of juice affected with filth, as it cannot be purified by washing.
(2) (non-(b)) the trade of insects, which are of no tangible benefit, and forbidden musical instruments, which are of no benefit insofar as the Sacred Law is concerned.
(3) (non-(c)) the sale of a bird in the sky, or the sale of an item that has been seized from its owner by force and is now irretrievable, as in such cases the buyer is unable to take possession of the item.
(4) (non-(d)) selling something that is owned by another without the owner's prior authorisation, even if the owner later comes along and approves of the sale. ¹
(5) (non-(e)) the sale of “however much this box can hold”, “whatever you can carry”, and the like, as the quantity of the item is unknown.
(6) (non-(e)) the trade of what the buyer or the seller have not seen, such as the sale of “the white phone in my room”, as the item's description is unknown. ²
(7) (non-(e)) the trade of “one of these two shirts”, as no particular item has been determinately identified.

As for the offer and acceptance, the mu‘tamad (relied-upon) view of the Shāfi‘ī school is that the seller must make a spoken offer (e.g. “I sell it to your for such-and-such price”) and the buyer must make a spoken acceptance (e.g. “I buy it for such-and-such”, “I accept”). To leave out doing so renders the transaction invalid and is unlawful. This is due to the ḥadīth narrated by Ibn Mājah that the Prophet ﷺ said, “إنما البيع عن تراض” – “Trade is only through mutual consent” – mutual consent being a hidden matter that can only be known by its expression verbally, therefore necessitating a spoken offer and acceptance for the validity of a transaction.

The offer and acceptance can be either be made explicitly – by saying, “I sell it to you”, “I buy it from you,” and the like – or figuratively, i.e. by using phrases which could be used for trade or other than it, provided that such figurative phrases are uttered with the intention of trade. Examples are a seller saying, “Take it,” “It's yours,” or, “May Allah bless it for you,” or a buyer saying, “I take it,” or “Thanks for the item.”

It is permissible for the buyer to make his spoken acceptance before the seller makes his spoken offer. However, the first of the two to initiate must mention the price.

As for mu‘āṭāh, which is trade without a spoken offer or acceptance, it is invalid according to the mu‘tamad (relied-upon) view of the Shāfi‘ī school and thus ḥarām, as previously mentioned. However, other authorities from within the school held alternative views:
• Imāms al-Rāfi‘ī, Ibn Surayj and al-Rūyānī held that mu‘āṭāh is valid for the trade of minor items. This is also the position of the school of Imām Abū Ḥanīfah.
• Imām al-Nawawī held that mu‘āṭāh is valid for all transactions that people consider sales, as long as a price is settled and agreed upon. This is also the view of group of scholars such as Imams al-Mutawallī and al-Baghawī, and is also the position of the Mālikī school.

As such, there is no problem in following these alternative opinions, although it is best to take the path of scrupulousness and caution by initiating the spoken offer or acceptance whenever transacting.

Unlawful Gain (al-Bay‘ al-Ribawī)

Ribā is one the of two only sins for which Allah declares upon the one involved in it (the other one being enmity with a walī of Allah). Allah says:

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوا۟ ٱتَّقُوا۟ ٱللَّهَ وَذَرُوا۟ مَا بَقِىَ مِنَ ٱلرِّبَوٰٓا۟ إِن كُنتُم مُّؤْمِنِينَ ۝ فَإِن لَّمْ تَفْعَلُوا۟ فَأْذَنُوا۟ بِحَرْبٍ مِّنَ ٱللَّهِ وَرَسُولِهِۦ

“O you who believe, fear Allah and give up what still remains of ribā, if you are true believers. If you do not, then be warned of war from Allah and His Messenger.” (Qur’an 2:278-279)

There are two broad categories of ribā: that pertaining to sales and that pertaining to loans.

Ribā on Sales

Ribā (unlawful gain) on sales is specific to certain exchanges involving human foodstuffs and money (“money” here referring to gold, silver, and cash).

When trading foodstuffs for foodstuffs of the same kind (such as wheat for wheat or dates for dates), silver for silver, gold for gold, or cash of the same currency (such as US dollars for US dollars), then:

(a) the items must be exchanged before the buyer and seller part company;
(b) the sale must be immediate, i.e. one may not stipulate for the sale to take effect at a later time or date, such as a seller saying, “I sell this amount of rice to you with payment delayed until next week;” and
(c) the items exchanged must be in exact equivalence in amount. As such, one may not sell 10g of gold for 12g of gold, even if the two amounts of gold were to be of the same monetary value³. Nor may one sell 2kg of apples for 3kg of apples, nor 1L of rice for 750mL of rice, even if they differ in quality or type (e.g. basmati rice for jasmine rice). Nor may one trade US$10 for US$20.

When trading foodstuffs for foodstuffs of a different kind (such as wheat for dates), silver for gold (or vice versa), gold or silver for cash, or cash of one currency for another (such as US dollars for euros), the above conditions likewise apply except for condition (c).

Any such transaction in which one of the above conditions are missing is considered a transaction of ribā. There are three types of ribā on sales:

(1) Ribā al-Yad– ribā in transactions of the aforementioned nature where condition (a) above is missing.
(2) Ribā al-Nasā – ribā in transactions of the aforementioned nature where condition (b) above is missing
(3) Ribā al-Faḍl – ribā in the first of the two aforementioned types of transactions where condition (c) above is missing, i.e. ribā involving an increase in one of the two items exchanged.

Ribā on Loans

Ribā al-Qarḍ (interest on loans) is defined as “every loan that brings a benefit to the lender,” such as when X lends $10 to Y and stipulates that Y repay him $15, or that Y repay the loan with a book that costs $30. This is the category of ribā that people are most familiar with. Ribā on loans is ḥarām for all types of property.

Option to Cancel (Khiyār)

There are three categories of khiyār:

1. Khiyār al-Majlis (Option to Cancel at Time of Agreement)

When a sale is effected, both buyer and seller have the option to cancel it so long as they have not yet physically parted company, unless they both waive the right to cancel. This applies to all sales.

2. Khiyār al-Sharṭ (Stipulation of Option to Cancel Period)

The buyer and seller may stipulate a period during which either party may cancel the agreement, provided that:

(a) a determinate period be specified;
(b) the period not exceed three consecutive days from the time of the agreement; and
(c) the item not be something that would change over such a period, such as cooked meat over three days.

This category of khiyār applies to all sales except those mentioned in the “Unlawful Gain” section above.

3. Khiyār al-‘Ayb (Cancelling Sale Due to Defect)

A buyer is entitled to cancel his purchase and return the item to the seller upon finding it to be defective, even if after a long period of time. An item is considered defective when it has a flaw which diminishes the item or its value to a degree that the flaw hinders a valid purpose, the item being typically free of such a flaw; for example, a book missing a page or more. An example of what is not considered a defect is scratches on a car.

The buyer may return the defective item to the seller provided that:
(a) the defect had been present before the buyer took possession of the item;
(b) the buyer immediately cease using it after noticing the defect; and
(c) the buyer return the item without inexcusable delay (“inexcusable” excluding defects noticed while praying, eating, using the bathroom, or at night if returning the item at night is problematic, in which cases one may delay returning it until the excuse is lifted).

If the buyer and seller argue over whether the defect occurred before or after the sale and no evidence is present, then:
• if its occurrence both before and after the sale are possible, the seller's word is taken after swearing an oath.
• if its occurrence before the sale is impossible, the seller's word is taken without oath.
• if its occurrence after the sale is impossible, the buyer's word is taken.

This category of khiyār applies to all sales.

Miscellaneous Issues Relating to Trade

One may not sell an item before taking possession of it. For example, if one were to have ordered a book and had paid the price, one may not sell the book to someone else while the book is still being delivered to him.

Non-refundable deposits (in Arabic, bay‘ al-‘arabūn) are invalid. For example, X sells a car to Y for $10,000 on the basis that Y pays $1,000 of the price upfront while the rest may be paid later on, though if Y decides to cancel the sale, the $1,000 upfront deposit remains with X and doesn't return to Y.

It is ḥarām to undercut another person's deal (sawm) that he had made with a customer after they have settled on a price, by saying for example, “Don't buy it from him, buy it from me, I'll sell it to you for a cheaper price, or I'll sell you a better item for the same price, or I'll sell you more of the item for the same price.”

Najash is ḥarām, najash being the bidding up of the price of an item that one has no real interest in, only to fool another bidder.

It is ḥarām to lend someone a loan and then sell an item to him at a higher price than usual due to the loan, for such a loan is one from which the lender derives benefit, which is precisely what ribā is. For example, X lends Y $50. X, who runs a small business, then happens to have Y come down to his shop. Y decides to by a packet of chips, usually worth $2, though X demands that Y buy it for $5 due to the debt he owes X.

It is ḥarām to sell an item to someone whom one knows will use it to disobey Allah, such as selling a lighter to someone whom one knows will use it to smoke harmful substances. It is ḥarām to sell a defective item without pointing out the defect. It is ḥarām to purchase food during times of inflation or widespread need with the intent of storing it and selling it later on for a higher price when the situation becomes worse. It is ḥarām to deceive, to lie, to defraud others, and to cheat on the scales.

The above is what is required knowledge for every Muslim seeking to buy and sell, give or take a few matters. We ask Allah to grant us divine facilitation in carrying out his commands and avoiding his prohibitions, and to overlook and pardon our shortcomings. Upon Him do we rely, to Him do we turn to, and to Him is our return.

And Allah the Exalted knows best.

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References

- Reliance of the Traveller, Sh. Nuh Ha Mim Keller (translation of ‘Umdat al-Sālik by Imām Aḥmad ibn Naqīb al-Miṣrī)
- The Ultimate Conspectus, Sh. Musa Furber (translation of Matn al-Ghāyah wa al-Taqrīb by Abū Shujā‘ al-Aṣfahānī)
- التقريرات السديدة في المسائل المفيدة، للسيد حسن بن أحمد بن محمد الكاف
- الياقوت النفيس في مذهب ابن إدريس، للسيد العلامة أحمد بن عمر الشاطري
- سلّم التوفيق إلى محبة الله على التحقيق للحبيب العلامة عبد الله بن حسين بن طاهر، مع شرحه المسمّى بكأس الرحيق للأستاذ صالح بن مطران بكيران بامعبد
- الفوائد المرضيةفي شرح المقدمة الحضرمية [الصغير] للإمام شمس الدين محمد بن أحمد الرملي

Footnotes

1 E.g. when a store owner leaves his shop and his friend sits at the counter to deal with customers, without having had the store owner's prior explicit authorisation. Though according to the other three schools as well as the old Shāfi‘ī school, such a transaction would be deemed valid if the owner later comes along and approves of the sale.^↩
2 However, it is permissible to order goods (salam) that one has not seen if the item is described to the buyer and the buyer, upon receiving the item, finds it exactly as described.^↩
3 Such as when the 10g and the 12g of gold happen to both be worth $500 each due to the former being purer than the latter – it would still be ḥarām to exchange the gold in such cases, for the determining factor is the mass and not the monetary value of the gold.^↩

Common Mistakes Related to Fasting

Bismillāh, wa l-ḥamdu lillāh, wa ṣ-ṣalātu wa s-salāmu ‘alā Rasūli llāh, wa ‘alā ālihī wa ṣaḥbihī wa man wālāh. Ammā ba‘d:

Fasting the month of Ramaḍān is one of the distinguishing features of Islam. Interestingly, it is perhaps the most practised of all the key acts of worship of Islam – even those who don't pray their five prayers fast Ramaḍān. At the same time though, many are the matters which people tend to be ignorant of or lax about when it comes to fasting and Ramaḍān. Among these are:

1. Laxity regarding the entry of the Fajr and Maghrib times

Here's what the fuqahā’ say:
• One may not break one's fast until one is certain that Maghrib time has entered (even if the mu’adhin calls the adhān before the time enters).
• One may not consume anything, however small it may be, once Fajr time has entered (not when the mu’adhin calls the adhān, for the mu’adhin will only call the adhān once the time has already entered).
• One should wait an extra minute or two at ifṭār time to ensure that one doesn't end up breaking one's fast before the entry of Maghrib time.
• One should leave a safety gap of about 10-15 minutes between the end of one's suḥūr and Fajr time, as indicated to by a ḥadīth.

Now here's some common mistakes many people tend to fall into:
• Break their fast immediately upon hearing the uncle in the room murmur, “I think it's Maghrib now.”
• Gulp down that cup of water during the dying seconds of suḥūr time, saying, “Look, there's still ten seconds left to Fajr!” (Who knows, that clock could be a minute or two behind…)
• Still be having their suḥūr while the Fajr adhān is being called, thinking that the time to stop is when the adhān is finished.
• Still be having their suḥūr after Fajr time has entered, saying, “Bro, as long as the adhān hasn't been called yet, we can still eat!”
• Break their fast upon hearing the mu’adhin call the adhān while they are fairly sure that the mu’adhin is a couple of minutes too early.

In all of these scenarios (and their like), one's fast is considered invalid and in requirement of a makeup (qaḍā’) after Ramaḍān (explained in more detail further down).

2. Laxity regarding the niyyah (Intention)

The intention to fast the next day of Ramaḍān must be made in one's heart every night of the month, the night being from Maghrib until Fajr. What is meant by intention is a firm resolve in one's heart that one will be fasting the following day of Ramaḍān. Some people don't bother about this; they'll just wake up after Fajr the next day and fast. This is incorrect – the one who leaves out the intention to fast, even if forgetfully or out of ignorance, must make up for that day after Ramaḍān (explained in more detail further down).

3. Having water reach one's body cavity as a result of maḍmaḍah (rinsing one's mouth) & istinshāq (rinsing one's nose)

When rinsing one's mouth and nose during wuḍū’ and ghusl, the fasting person must ensure that he does so lightly. But what's the ruling if water ends up entering his body cavity?
• If he is doing wudū’ or ghusl and rinses his mouth or nose but isn't excessive in doing so and then water just happens to slip through, his fast is still valid.
• If he is excessive in doing so (e.g. by using an abundance of water, by gargling) and then water slips through to his body cavity, his fast is rendered invalid.
• If the fasting person rinses his mouth or nose for a purpose other than wuḍū’ or ghusl (e.g. rinsing after brushing one's teeth) and water ends up slipping through to his body cavity, his fast is rendered invalid, regardless of whether he was excessive or not, as his action of rinsing was not one that was commanded by the sharī‘ah.

4. Issues of qaḍā’ and imsāk

To quote the author of “Safīnat al-Najāh” (“The Ship of Salvation”):

“There are six cases in which, in addition to having to make up for that day (qaḍā’), one must also continue to abstain from all the invalidators of fasting for the rest of that particular day:

1. Upon the one who deliberately breaks his fast in Ramaḍān
2. Upon the one who leaves out making his niyyah the night before an obligatory fast
3. Upon the one who continues eating suḥūr thinking that it is still night time when it was not so
4. Upon the one who has ifṭār thinking that the sun has set but it had not
5. Upon the one who finds out that the '30th of Sha‘bān' was in fact the first day of Ramaḍān
6. Upon the one who had water enter his body cavity as a result of excess in rinsing the mouth (maḍmaḍah) and nose (istinshāq) [during wuḍū’  or ghusl].”

To put things simpler, let's give an example. Say a person continues eating suḥūr thinking that Fajr time has not yet entered when it in fact has. Only later does he find out that he ate beyond Fajr time. The question arises: is his fast valid? The answer is no, due to his shortcoming in not ensuring that he stopped eating before Fajr. (The ḥadīth about the validity of the fast of the one who eats forgetfully doesn't apply here – there's a difference between an honest lapse of the mind and someone not making the due effort expected of him.)

But then another question arises: now that his fast is invalid, does he now have a licence to eat for the rest of the day? The answer is no – he must still abstain from all that which invalidates the fast for the rest of the day, and then in addition to that make up for that day after Ramaḍān as qaḍā’. The same applies with the other five cases.

5. Swallowing phlegm

Swallowing one's phlegm and mucus invalidates one's fast.[1] However, if one's phlegm does not rise above the middle of one's throat (i.e. where the letter ḥā’ (ح) is articulated from in the throat), one is entitled to swallow it without having one's fast broken.

6. Breaking one's fast on questionable/ḥarām food

Why refrain from ḥalāl food during the day when fasting and then break the fast with questionable – or even worse, ḥarām – food? That just spoils a whole day's worth of toil. It's like building a house but then demolishing a city.

7. Overeating at ifṭār

Fasting is supposed to make you suppress your desires and thus make you spiritually stronger. But by overeating at ifṭār, you're now doing the exact opposite by indulging in your desires once more, trying to make up for what you lost in the daytime. Subḥān Allāh! Why give your stomach what it craves for and fulfil its desires – nay, fill it with more than it can hold – when breaking the fast? Doesn't this defeat the purpose of fasting?

The way you deal with food is an indication of the way you deal with the dunyā. After all, food is quite literally our connection with the dunyā, as when we eat, we're putting actual stuff of this world –  plants and animals – into our bodies. So by reducing your food intake, you'll grow to become less attached to this temporary, worthless dunyā, and your heart will grow stronger for its journey to the Hereafter. So only eat as much as you need. A traveller should only carry as much supplies as he needs, otherwise he'll collapse from the heaviness of it all and never reach the destination he set out for in the first place. We should only take what we need from this dunyā in order to successfully travel to our real destination – Allāh and His good pleasure. And this is something fasting should train us for.

8. Leaving out certain sunan

There are certain sunan (plural of sunnah) that many tend to be heedless of when fasting. Among them are:

• Having dates for suḥūr, not just for ifṭār. The Prophet ﷺ said, “How good are dates as saḥūr for the believer!" (Narrated by Abū Dāwūd)

• Leaving a gap between the end of one's suḥūr and the entry of Fajr time, a gap equivalent to the time it takes to recite 50 āyāt (about 15 minutes). You could then use these 15 minutes to seek Allah's forgiveness (istighfār) – Allah describes the pious as "those who pray for forgiveness before dawn" (Qur’ān 3:17, 51:18).

• Hurrying Maghrib ṣalāh. Maghrib ṣalāh should be prayed as soon as possible – delaying it past the beginning of its time is makrūh (ḥarām according to some). Fasting doesn't change this. If we do the maths:
- Ifṭār is an act of worship in and of itself. Delaying ifṭār = delaying an act of worship
- Maghrib is an act of worship too. Delaying Maghrib = delaying an act of worship
- The dinner you have with/after ifṭār isn't an act of worship in and of itself. Delaying dinner = no problem
- ∴ the sunnah is to break one's fast at sunset with dates and water, then pray immediately. One may then have one's meal afterwards.

• Responding to the mu’adhin at ifṭār time. Most are just busy with filling their bellies that they forget this noble sunnah.

Carelessness with the sunnah is dangerous. The Prophet ﷺ is our guide to Allah – if we leave his example, how are we ever going to reach our goal?

In conclusion, we ask Allah to make this Ramaḍān the most blessed and beneficial Ramaḍān for us and the ummah, and to make this Ramaḍān the Ramaḍān of relief for this pain-stricken nation. We ask Him likewise to grant us, our parents, our relatives, our loved ones, our friends, and all our believing brothers and sisters divine success in carrying out this obligation as it ought to be carried out.

References:

• نيل الرجا بشرح سفينة النجا، للعلامة السيد أحمد بن عمر الشاطري
• التقريرات السديدة في المسائل المفيدة، للسيد حسن بن أحمدبن محمد الكاف
• الصلاة على المذاهب الأربعة، لخالد سيد علي
• إحياء علوم الدين، للإمام حجة الإسلام أبي حامد محمد بن محمد بن محمد الغزالي
• مراقي الفلاح شرح متن نور الإيضاح، للشيخ حسن بن عمار بن علي الشرنبلالي

Note: all fiqhī (legal) matters in this article are presented in accordance to the Shafi‘ī school.

[1] In the Ḥanafī school, this does not break the fast. Nevertheless, Ḥanafī scholars mention that one should take the way of precaution and avoid the difference of opinion on this issue.

Tasawwuf: a Legitimate Part of Islam?

بســـــــــــــــــــم الله الرحمن الرحيم

What's the first thing the average lay Muslim thinks of when he hears the word “Sufism”? Whirling dervishes? Funny “breakdancing”? Crazy “worship rituals”? Grave worship?

Taṣawwuf is a commonly misunderstood concept among many Muslims, especially in recent times. Let's clarify a few things about what taṣawwuf actually is and whether it is compatible with the orthodox, Sunni Islam.