في الفقه الحنبلي
Khuqeer’s Condensed book
In Hanbali Jurisprudence
بسم الله الرحمن الرحيم
Abu Bakr Khuqeer was the Mufti in Mecca in 1327H. During his tenure as the mufti, he was beaten and imprisoned for calling the people to the Salafi methodology. When King Abdul Aziz took power he had him released from prison and appointed him as a teacher in the Haraam. Abu Bakr Khuqeer held that position until his death in 1349H
This is a small treatise for the pre-intermediate student of Hanbali Fiqh. I’ve selected the book of fasting since we are currently in Ramadan. This book has a printed explanation from His Eminence Shaykh Sa’d Ash-Shitri. Some of his comments are mentioned in the blue following the translations of the text.
Abu Aaliyah Abdullah ibn Dwight Battle
The Book of Fasting
Fasting: The intended meaning of Fasting is to refrain from everything that invalidates it, including food and drink. Fasting is a pillar of Islam. Allah has ordered Fasting in Ramadan be observed in Al-Baqarah 
يَجِبُ صَومُ رَمَضَانَ برُؤيَةِ هِلالِهِ مِنْ عَدْلٍ و لَوْ أنثَى أو إِكمال شَعبَانَ
The obligation to fast during Ramadan is confirmed by the sighting of the moon by one trustworthy male or female, or by the completion of Sha’ban [30days]
The confirmation that Ramadan has begun is done by one of two ways;
- Male or female witnesses testify they saw the moon. A woman’s testimony is accepted the same way her narrations are in Hadith. This is the strongest position
- Or after the 30th day of Sha’ban.
و إن وُجِدَ مانِعٌ مِنْ رُؤيَتِهِ لَيلَةَ الثَّلاثين مِنْهُ كَغَيمٍ فَيُصَامُ بِنِيَّةِ أَنَّهُ مِنْ رَمَضَانَ احتياطاً
If there is an anything that prevents the moon from being sighted on the 30th of Sha’ban , such as cloudy skies, then fast the next with idea that’s its Ramadan.
و يَلْزَمُ الصَّومُ لِكُلِّ مُسْلِمٍ مُكَلَّفٍ قَادِر
Fasting during Ramadan is an obligation on every Muslim in puberty obliged to Fast.
Fasting is a duty on every Muslim and not the non-Muslims. Non-Muslims aren’t required to fast and if they accept Islam they aren’t required to make up the days. If he dies as a Kafir he/she will be punished for not fasting.
The Muslim obliged to fast must be in sound mind. And for example, if he was crazy for 3 years or more and regained his senses, he isn’t obliged to re-fast those missed Ramadans.
The Muslim obliged to fast must be able to fast. If he’s weak and his body is feeble he’s not required to fast, but if he does so he’s rewarded.
و إِذا قاَمَتِ البَيِّنَةُ في أَثْنَاءِ النَّهَار وَجَبَ الإمْسَاكُ و القَضَاءُ على كُلِّ مَنْ صَارَ في أَثْنَائِهِ أَهْلاً لِوُجُوبِهِ
If it becomes clear anytime throughout the day that its Ramadan then it’s a must to refrain from the things that break the fast, and making up the missed days of fasting during Ramadan is a must for everyone obliged to fast during it, and didn’t
If a person was able to see the new moon the next day during sunlight then he must refrain from the things that breakfast the rest of the day and make that day up.
“and making up the missed days of fasting during Ramadan is a must for everyone obliged to fast during it, and didn’t..” an example of this is a child who reaches puberty during the day by having a wet dream, then he should refrain from the actions that breakfast then re-fast that day. The same applies to a traveler who returns during the day, then he should refrain from breaking his fast the remaining part of the day and then make that time he missed up.
ويَجِبُ تَعيِينُ النِّيَّةِ مِنَ اللَّيْلِ لِصَوْمِ كُلِّ يَوْمٍ وَاجِبٍ وَ يَصِحُّ النَّفْلُ بِنِيَّةٍ مِنَ النَّهَارِ قَبْلَ الزَّوَالِ و بَعْدَه.
The intention to fast during Ramadhan must be made every night and fasting voluntarily can be done when the intention is made during the day before the sun reaches its zenith or after it.
The majority of scholars hold this view, except for Abu Hanifah. He said a person can make his intention during the day before the sun reaches its zenith.
ومَنْ نَوَى الإِفْطارَ أَفْطَرَ
Whoever intends to break the fast has done so.
Whoever insists to break his fast has broken it and that’s because the intention is a part of the fast.
بابُ ما يُفْسِدُ الصَّوْمَ و يُوجِبُ الكَفَّارَةَ
The chapter about what breaks the fast and requires the Expiation
مَنْ أَكَلَ أوْ شَرِبَ أوِاسْتَقَاءَ فَقَاءَ أوِاكْتَحَلَ أوٍاسْتَمْنَى
Whoever eats, drinks, and induces vomiting and vomits has broken his fast, or using Kohl, and masturbating
If a person vomits unintentionally then his fast isn’t broken. According to Imam Malik and Imam Ahmed if a person using Kohl and its tastes reaches the person’s throat then he’s’ broken his fast.
أوْ بَاشَرَ دُونَ الفَرْجِ أوْ كَرَّرَ النَّظَرَ فَأَنْزَلَ أوْ أَمْذَى أوٍاحتَجَمَ عامِداً ذَاكِرًا لِصَومِهِ فَسَدَ
or fondling the spouse other than in the private part area has broken the fast. Likewise to repeatedly look at the opposite sex and as a result, has the urethral discharge breaks the fast. Moreover cupping intentionally knowing its Ramadan breaks the fast.
If a person fondles his spouse in an area other than the private part and has the urethral discharge has broken his fast. And if a person hugs, cuddles, and kisses their spouse and has no discharge then the fast is ok.
Cupping breaks the fast according to Imam Ahmed and the status of the hadith about the Prophet being cupped while fasting, then it was while he was on a journey and being cupped during a journey is a time when it’s permissible to break the fast
و إنْ طارَ إلَى حَلْقِهِ ذٌبابٌ أَوْ غٌبارٌ أوْ فَكَّرَ فأَنزَلَ أوِاحْتَلَمَ لَمْ يَفْسُدْ
However, if a fly flies in the throat or dust lands inside it then the fast isn’t broken. Also, if a person daydreams and ejaculates, or has a wet dream then his fast is still intact.
و مَنْ أَكَلَ شاكّاً في طُلُوعِ فَجْرٍ صَحَّ صَوْمُهُ
What’s more, if a person doubts Fajr and eats then his fast is still correct.
If a person eats or drinks unsure it’s Fajr then his fast is correct because the origin is it’s still night time.
لاإنْ أّكّلَ شاكًّا في غٌرُوبِ الشَّمْسِ أوْ مُعْتَقِداً أَنَّهُ لَيلٌ فبَانَ نَهاَراً
Conversely, if a person doubts sunset or believes its time to break the fast, then, later on, becomes aware it’s still daytime, must re-fast that day.
When a person eats at the end of the day thinking its Maghrib, then, later on, becomes aware it isn’t must re-fast. For instance, he looks at his watch and makes a mistake with the timing, or the Mua’dhin calls the athan early, then he must re-fast.
مَنْ جَامَعَ في نَهاَرِ رَمَضَانَ في قُبُلٍ أو دُبُرٍ فَعَلَيْه الَقَضَاءُ والكَفَّارة
Who has vaginal or anal sex during the day in Ramadan must re-fast and pay expiation
كذلك مَنْ لَزِمَهُ الإمْساك إذا جامَعَ و لا تَجِبُ بالجِماعِ دُونَ الفَرْجِ و لَوْ أنزَلَ و لا على المرأَةِ المَعذُورةِ
Also someone who must fast and has relations must pay the expiation, however, whoever has relations and doesn’t fully penetrate the vagina isn’t required to pay the expiation; although he might ejaculate. Like the woman forced to have sex with her husband isn’t required to pay the expiation.
و لا تَجِبُ بِغَيْرِ الجِماعِ في نَهارِ رَمَضَانَ
Expiation is only due when a person has relations (willingfully) during the daytime hours of Ramadan.
و هِيَ:عِتْقُ رَقَبَةٍ فإنْ لَمْ يَجِدْ فصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ فإنْ لَمْ يَسْتَطِعْ فإِطْعامُ سِتِّينَ مِسْكِيناً فإِنْ لَمْ يَجِدْ سَقَطَتْ
The expiation is to free a slave and if one isn’t available then fasting two consecutive months, and if the person isn’t able to fast two months, then he must feed sixty poor people, and if he doesn’t find them, then the expiation isn’t binding on him.
بابُ ما يُكْرَهُ و يُسْتَحَبُّ و حُكْمُ القَضَاءِ
The Chapter: What actions are disliked and recommended during Fasting, and the verdicts for re-fasting.
يُكْرَهُ أنْ يَجْمَعَ رِيقَهُ فَيَبْتَلِعَهُ
It’s disliked to collect saliva in the mouth then swallow it
ويَحْرُمُ بَلْعُ النُّخامةِ و يُفْطِرُ بِها فَقَطْ إنْ وَصَلَتْ إلى فَمِه
It’s prohibited to swallow mucus and a person’s fast is broken if it reaches the throat.
Swallowing Mucus isn’t allowed. If the mucus reaches the throat and person doesn’t spit it out and instead swallows it intentionally breaks the fast.
و ذَوْقُ طَعام بِلا حَاجَةٍ و مَضْغُ عِلْكٍ قَوِيٍّ و إنْ وَجَدَ طَعْمَه في حَلْقِه أفْطَرَ
Tasting food without a need isn’t allowed, nor is chewing gum which breaks up and if its flavor reaches the throat then a person has broken his fast.
Tasting food without the need to do so is a disliked action.
Chewing gum that breaks up isn’t allowed; as it can reach the throat; however if its flavorless gum, which doesn’t break down then chewing it doesn’t break the fast, but chewing it is disliked.
و تُكْرَه القُبْلَةُ لِمِنْ تُحَرِّكُ شَهْوَتَهُ
Kissing is disliked to for the person with strong sexual desires.
Among the dislike actions of the faster is kissing their spouse if it arouses their desire; otherwise, if kissing doesn’t arouse the urge then it’s not disliked.
و يَجِبُ اجْتِنَابُ كُلِّ كَلامٍ مُحَرَّمٍ كَشَتْمٍ م سُنَّ لِمَن شُتِمَ قَوْلُهُ : (( إنِّي صائمٌ )).
All prohibited speech must be avoided. For example, cursing and if a person has curses and slurs hurled at him then it’s Sunnah for him to say: “ I’m Fasting”.
و تَأخِيرُ سُحُورٍ و تَعْجِيلُ فِطْرٍ على رُطَبٍ أو تَمْرٍ عِنْدَ عَدَمِه أو مَاءٍ عِندَ عَدَمِهِمَا و قَوْلُ مَا وَرَدَ
It’s Sunnah to delay Sahur and to hasten to break the fast. The Sunnah is to break the fast with dried or moist dates or with water if neither one of those is at hand. Following this, the dua mentioned in the Sunnah should be made.
و يُسْتَحَبُّ القَضَاءُ مُتَتَابِعًا
It’s recommended to make up the missed days one by one, back to back
و لا يَجُوزُ تأخِيرُه إلى رَمَضَانٍ آخَرَ مِنْ غَيْرِ عُذْرٍ فإنْ فَعَلَ لَزِمَه معَ القَضَاءِ إِطْعامُ مِسْكِينٍ لِكُلِّ يَوْمٍ و مَنْ مَاتَ و علِيْه صَوْمٌ أو اعْتِكافٌ أَوْ حَجٌّ أو صَلاةُ نَذْرٍ اسْتُحِبَّ لِوَلِيِّهِ قَضَاؤُه
It’s not permissible to delay the missed days of Ramadan until next Ramadan without an excuse. If a person does this then not only must he fast those days but he has to feed a poor person for every day he missed and made up. Moreover whoever dies owing a fast, Itikaf, Hajj, or a pledge to pray then it’s recommended that the one entrusted with his affairs after his death complete these obligations on the deceased’s behalf.