I broke my fast with sexual intercourse and had to give the kafaarah. But before doing so I had sexual intercourse again. Do I have to give two kafaarah or one?
If a person has intercourse for a second time and has not given the kafaarah for the first time, then there are two possible cases. First, he had intercourse twice in the same day. If this is the case, then one kafaara suffices and there is not difference of opinion among the people of knowledge regarding this.
The second case is if he has sexual intercourse on two different days of Ramadaan. Then the zaahir of what al-kharQi has said is that he only gives one kafaarah. The reason for this is because it [i.e the kafaarah] is a recompense for an offense, the cause of which has been repeated prior to its [i.e. kafaarah's] fulfillment, and thus it is necessary it superimposes just like the Hadd [punishment i.e. when someone commits an offense worthy of the Hadd punishment he is only given one hadd punishment even if he has committed the crime several times. Only after he commits it again after having been given the first Hadd punishment is he given it a second time. Prior to the punishment even if he commits the crime a hundred times he only receives one Hadd punishment when caught].
The second opinion for this case is that he gives two kafaarah. This is the position of al-QaaDii and some others from our companions. It is also the opinion of Maalik, al-Laith, Ibn al-Mundhir and al-Shaafi'i. The reason is that every day is an independent worship so it does not superimpose just like two different Ramadaan or two different Hajj.
I intended to break my obligatory fast but didn't eat or drink anything. Is my fast valid?
The fast is broken if you intended to break the fast. This is the zaahir of the madhhab. The intention is a condition for the validity of the fast. This condition is invalidated when one intends to break his fast just like in prayer. Hence, the fast is broken when one merely intends to break the fast. This is the case for obligatory fasts.
I intended to break my optional [nafl] fast but didn't eat or drink anything. Is my fast broken?
If a person intends to break his optional fast but does not and again intends to keep it, then his fast is valid. The fast is not broken. It is just like if a person woke up in the morning without having intended to fast but then intends to fast. This is different from the obligatory fast because it is a condition for the intention to be present for the entire day for the obligatory fast. It is not a condition for the optional fast. So, if one intends to break the optional fast during the day but does not do so and then intends again to keep it, his fast is valid.
If a person had sexual intercourse thinking that tuluu of fajr has not happened yet what is the ruling of his fast?
His fast is invalid and he has to make it up. He also has to give the kafaarah. The evidence of our Madhhab is the hadith mentioned below. The Messenger of Allaah (sallallaahu alayhi wa sallam) did not make any distinction nor ask for any details. He ordered him with the kafaarah. And because he invalidated the fast of Ramadaan by complete sexual intercourse. Thus, the kafaarah is obligatory on him just like if he had known.
Narrated Abu Huraira:
A man came to the Prophet (sallallaahu alayhi wa sallam) and said, "I had sexual intercourse with my wife on Ramadan (while fasting)." The Prophet (sallallaahu alayhi wa sallam) asked him, "Can you afford to manumit a slave?" He replied in the negative. The Prophet (sallallaahu alayhi wa sallam) asked him, "Can you fast for two successive months?" He replied in the negative. He asked him, "Can you afford to feed sixty poor persons?" He replied in the negative. (Abu Huraira added): Then a basket full of dates was brought to the Prophet (sallallaahu alayhi wa sallam) and he said (to that man), "Feed (poor people) with this by way of atonement." He said, "(Should I feed it) to poorer people than we? There is no poorer house than ours between its (Medina's) mountains." The Prophet (sallallaahu alayhi wa sallam) said, "Then feed your family with it."
[Sahih al-Bukhaari Hadith No. 1937]
What if one sees the moon near the end of Ramadaan during the day?
If one sees the moon during the day when it is at the end of Ramadaan, whether he sees it prior to zawaal or after it, it is for the coming night. That which is mashhuur from Ahmad is that when the moon is sighted during the day prior to or after zawaal, and this happens during the end of Ramadaan, one does not break his fast because of seeing it. This is the saying of Umar, Ibn Masuud, Ibn Umar, Anas, al-Auzaa'ii, Maalik, al-Layith, al-Shaafi'i, 'ishaaQ, and Abu Hanifah.
I alone saw the moon of Ramadaan. Am I too fast?
وإذا رأى هلال شهر رمضان وحده، صام
When he sees the moon of Ramadaan alone [and no one else has seen it] he fasts.
المشهور في المذهب أنه متى رأى الهلال واحد لزمه الصيام، عدلا كان أو غير عدل، شهد عند الحاكم أو لم يشهد، قبلت شهادته أو ردت
That which is mashhuur in the Madhhab is that when he sees the moon alone [i.e. no one else has seen it], then it is obligatory for him to fast whether he is a just man or not, has given witness in front of the haakim or not, and whether his witness is accepted or rejected.
Our evidence is that he is certain that the month of Ramadaan has begun.
Can I make up my missed fasts of Ramadaan on separate days or do I have to make them up on successive days without a break?
You can make them up on separate days. The evidence for the Madhhab is the following general, unqualified, saying of Allaah:
"...the same number (should be made up) from other days..."
[Qur'aan 2:184]
Allaah did not qualify that with successive days. Hence, you can make them up on separate days.
If a woman menstruates while fasting does she have to make up that fast?
وإذا حاضت المرأة، أو نفست، أفطرت وقضت؛ فإن صامت، لم يجزئها
If a woman is fasting and her menstruation ensues, then her fast is broken. She has to make it up. If she continues to fast in the state of menstruation, her fast will not be valid. She has to make up that day and those days she misses due to menstruation.
I woke up to fast and there was food stuck between my teeth.
There are two scenarios in case a person wakes up to fast and has food stuck between his teeth. First, the food stuck between his teeth is very little. It is not possible to eject them. As a result, he ends up swallowing the food. In this case his fast does not break. This is because he had no way of guarding against it and the case resembles saliva.
The second case is that there was a lot of food stuck between his teeth. He could have emitted it. If he emits the food, then his fast is valid. If he swallows it knowingly, then his fast is broken. This is because he swallowed food when he could have emitted it and did so by means of his will knowing that he was fasting. Thus, his fast is broken.
What if a person breaks his fast thinking the sun has set but then finds out it has not set?
If a person ate thinking that tuluu of fajr has not yet taken place while it has taken place, or if he breaks the fast thinking that the sun has disappeared [i.e. made ghuruub] while it has not, then he has to make up his fast.
وإن أكل يظن أن الفجر لم يطلع وقد كان طلع أو أفطر وظن أن الشمس قد غابت ولم تغب فعليه القضاء
Can a person who sets out for a journey during Ramadaan break his fast?
If a person sets our for a journey during Ramadaan, he can break the fast for that day. The evidence is the following narration:
Narrated Abu Basrah al-Ghifaarii:
Ja'far ibn Jabr said: I accompanied Abu Basrah al-Ghifaari, a Companion of the Messenger of Allah (sallallaahu alayhi wa sallam), in a boat proceeding from al-FusTaaT during Ramadaan. He was lifted (to the boat), then his meal was brought to him. The narrator Ja'far said in his version: He did not go beyond the houses (of the city) but he called for the dining sheet. He said (to me): Come near. I said: Do you not see the houses? Abu Basrah said: Do you detest the sunnah (practice) of the Messenger of Allah (sallallaahu alayhi wa sallam)? The narrator Ja'far said in his version: He then ate (it).
[Sunan Abi Dawud Hadith No. 2412]
If a traveler intends to fast while he is traveling, then he decides to break his fast, he has the permission to do so. Imaam Maalik said that if he breaks the fast, he has to make it up and give kafaarah. The evidence of the Hanbali Madhhab is the following authentic hadith:
Jabir bin 'Abdullah (Allah be pleased with both of them) reported that Allah's Messenger (sallallaahu alayhi wa sallam) went out to Mecca in Ramadan in the year of Victory, and he and the people fasted till he came to Kuraa' al-Ghamiim and the people also fasted. He then called for a cup of water which he raised till the people saw it, and then he drank. He was told afterwards that some people had continued to fast, and he said: These people are the disobedient ones; these are the disobedient ones.
[Sahih Muslim]
Can a fasting person cup or get cupped?
The fast of the one who cups and gets cupped is broken. The evidence of the Madhhab is the following hadith:
Narrated Thawban, the client of the Prophet (sallallaahu alayhi wa sallam):
The Prophet (sallallaahu alayhi wa sallam) as saying: A man who cups and a man who gets himself cupped break their fast.
[Sunan Abi Dawud Hadith No. 2370]
Can a fasting person take a bath?
A person who is fasting can make ghusl. There is no harm in this.
Abu Bakr bin 'Abd al-Rahmaan bin al-Haarith bin Hishaam reported on the authority of 'A'isha and Umm Salama, the wives of the Messenger of Allah (sallallaahu alayhi wa sallam)
The Messenger of Allah (sallallaahu alayhi wa sallam) at times got up in the morning in a state of junub on account of having a sexual intercourse (with his wives during night) but not due to sexual dreams in the month of Ramadaan, and would observe fast.
[Sahih Muslim]
Can my wife taste food while fasting when she cooks?
A person who is fasting can taste food. Ahmad said: It is loved to me that one keeps away from tasting food, but if he does that, it will not harm him and there is no harm in it.
Ibn 'Aqiil said: It is disliked to do so without a need and there is no harm if there is a need. If he does it and finds that the food has reached his halQ [back of the throat], then his fast breaks and if not then his fast does not break.
Reference(s):
مختصر الخرقي
Page 50
al-Mughni li Ibn Qudaamah
Volume 3
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