How can we prepare for the arrival of Ramadaan?

How can we prepare for the arrival of Ramadaan?

How can we prepare for Ramadaan? What are the best deeds in this blessed month?.

Praise be to Allaah.
Firstly:

You have done well to ask this question, because you have asked how to prepare for the month of Ramadaan. Many people misunderstand the true nature of fasting, and they make it an occasion for eating and drinking, making special sweets and staying up late at night and watching shows on satellite TV. They make preparations for that long before Ramadaan, lest they miss out on some food or prices go up. They prepare by buying food, preparing drinks and looking at the satellite TV guide so they can choose which shows to follow and which to ignore. They are truly unaware of the real nature of fasting in Ramadaan; they take worship and piety out of the month and make it just for their bellies and their eyes.

Secondly:

Others are aware of the real nature of fasting in the month of Ramadaan, so they start to prepare from Sha’baan, and some of them even start before that. Among the best ways of preparing for the month of Ramadaan are:

1 –Sincere repentance

This is obligatory at all times, but because of the approach of a great and blessed month, it is even more important to hasten to repent from sins between you and your Lord, and between you and other people by giving them their rights, so that when the blessed month begins you may busy yourself with acts of worship with a clean heart and peace of mind. Allaah says (interpretation of the meaning):

“And all of you beg Allaah to forgive you all, O believers, that you may be successful”

[al-Noor 24:31]

It was narrated from al-Agharr ibn Yasaar (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: “O people, repent to Allaah for I repent to Him one hundred times each day.” Narrated by Muslim (2702).

2 –Du’aa’ (supplication)

It was narrated from some of the salaf that they used to pray to Allaah for six months that they would live until Ramadaan, then they would pray for five months afterwards that He would accept it from them.

The Muslim should ask his Lord to let him live until Ramadaan with a strong religious commitment and good physical health, and he should ask Him to help him obey Him during the month, and ask Him to accept his good deeds from Him.

3 – Rejoicing at the approach of the blessed month

The arrival of Ramadaan is one of the great blessings that Allaah bestows upon His Muslim slave, because Ramadaan is one of the occasions of good in which the gates of Paradise are opened and the gates of Hell are closed. It is the month of the Qur’aan and of decisive battles in the history of our religion.

Allaah says (interpretation of the meaning):

“Say: ‘In the Bounty of Allaah, and in His Mercy (i.e. Islam and the Qur’aan); —therein let them rejoice.’ That is better than what (the wealth) they amass”

[Yoonus 10:58]

4 – Discharging the duty of any outstanding obligatory fasts

It was narrated that Abu Salamah said: I heard ‘Aa’ishah (may Allaah be pleased with her) say: I would owe fasts from the previous Ramadaan and I would not be able to make them up except in Sha’baan.

Narrated by al-Bukhaari (1849) and Muslim (1146).

Al-Haafiz Ibn Hajar (may Allaah have mercy on him) said:

From her keenness to do that in Sha’baan it may be understood that it is not permissible to delay making them up until another Ramadaan begins.

Fath al-Baari (4/191).

5 – Seeking knowledge in order to be able to follow the rulings on fasting and to understand the virtues of Ramadaan.

6 – Hastening to complete any tasks that may distract the Muslim from doing acts of worship.

7 – Sitting with one’s family members – wife and children – to tell them of the rulings on fasting and encourage the young ones to fast.

8 – Preparing some books which can be read at home or given to the imam of the mosque to read to the people during Ramadaan.

9 – Fasting some of the month of Sha’baan in preparation for fasting Ramadaan.

It was narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to fast until we said: He will not break his fast, and he used not to fast until we said: He will not fast. And I never saw the Messenger of Allaah (peace and blessings of Allaah be upon him) complete a month of fasting except Ramadaan, and I never saw him fast more in any month than in Sha’baan.

Narrated by al-Bukhaari (1868) and Muslim (1156).

It was narrated that Usaamah ibn Zayd said: I said: O Messenger of Allaah, I do not see you fasting in any month as you fast in Sha’baan? He said: “That is a month that people neglect between Rajab and Ramadaan, but it is a month in which people’s deeds are taken up to the Lord of the Worlds and I would like my deeds to be taken up when I am fasting.”

Narrated by al-Nasaa’i (2357); classed as hasan by al-Albaani in Saheeh al-Nasaa’i.

This hadeeth explains the wisdom behind fasting in Sha’baan, which is that it is a month in which deeds are taken up (to Allaah). Some of the scholars mentioned another reason, which is that this fasting is like Sunnah prayers offered beforehand in relation to the obligatory prayer; they prepare the soul for performing the obligatory action, and the same may be said of fasting Sha’baan before Ramadaan.

10 – Reading Qur’aan

Salamah ibn Kuhayl said: It was said that Sha’baan was the month of the Qur’aan readers.

When Sha’baan began, ‘Amr ibn Qays would close his shop and free his time for reading Qur’aan.

Abu Bakr al-Balkhi said: The month of Rajab is the month for planting, the month of Sha’baan is the month of irrigating the crops, and the month of Ramadaan is the month of harvesting the crops.

He also said: The likeness of the month of Rajab is that of the wind, the likeness of Sha’baan is that of the clouds and the likeness of Ramadaan is that of the rain; whoever does not plant and sow in Rajab, and does not irrigate in Sha’baan, how can he reap in Ramadaan? Now Rajab has passed, so what will you do in Sha’baan if you are seeking Ramadaan? This is how your Prophet and the early generations of the ummah were in this blessed month, so what will you do?

Thirdly:

For more information on the deeds that the Muslim should do in Ramadaan, see the answers to questions no. 26869 and 12468.

And Allaah is the Source of strength.

Islam Q&A

Is the fast broken if a person thinks about breaking it or wishes that he was not fasting? arur

Is the fast broken if a person thinks about breaking it or wishes that he was not fasting? arur

I fasted Ramadan, but during the day I got tired and wondered whether to break the fast or not, then I completed my fast. Does this wavering affect my fast?

Praise be to Allah.
If a person intends to break the fast whilst he is fasting, his fasted is invalidated, if he decided to do so and there was no hesitation. If he changed his intention after that, then he has broken the fast and he has to make up that day. This has been discussed previously in the answer to question no. 95766

But if a person is hesitant about breaking the fast and has not decided yet, is his fast invalidated by that?

The scholars (may Allah have mercy on them) differed concerning the issue of thinking about it and being hesitant, and whether that invalidates the fast or not.

al-Mirdaawi (may Allah have mercy on him) said: According to our madhhab, if a person is thinking about breaking the fast but is hesitant about doing so, or he decided to break the fast after a while, or he says ‘If I find food I will eat, otherwise I will complete the fast,’ this is like the difference of opinion concerning the prayer.

It was said that this invalidates the fast, because he was not firm in his intention. al-Athram narrated that this is not acceptable in the case of an obligatory fast, unless he is firmly resolved to fast the entire day.

I say: This is the correct view.

It was also said that it does not invalidate the fast, because he did not firmly intend to break the fast, and making a conditional intention is not valid.

End quote from al-Insaaf (3/297)

The Hanafis and Shaafa‘is are of the view that his fast is not invalidated by thinking about breaking it but being hesitant. See: Badaa’i‘ as-Sanaa’i‘ by al-Kaasaani (2/92).

An-Nawawi said:

The fasting person is hesitant about breaking the fast and is thinking about giving it up, the correct view – which is that of the majority – is that that does not invalidate the fast.

End quote from al-Majmoo‘ Sharh al-Muhadhdhab (6/297).

This view is more likely to be correct, because the basic principle is that the fast remains valid and thinking about breaking the fast does not cancel out the intention of fasting, unless the person decides and is firmly resolved to break the fast.

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

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked: if a person does not decide and firmly resolve (to break the fast), rather he wavers, this is a matter concerning which the scholars differed. Some of them said that his fast is invalidated, because hesitation is contrary to firm resolve.

Others said that his fast is not invalidated, because the basic principle is that the intention remains valid unless he decides and firmly resolves to do something different. This view is more likely to be correct in my opinion, because of its strength. And Allah knows best.

End quote from Majmoo‘ al-Fataawa (19/188).

Shaykh Ibn Jibreen (may Allah have mercy on him) was asked: If a person is fasting, then he wavers between breaking the fast or not, is he regarded as having broken the fast?

He replied: The scholars stated that if a person decides to break the fast, even if he does not eat, his fast becomes invalid. If a person travels and decides that he will not fast, but he cannot find water or food, and when he does not find them he completes his fast, we say that his fast is invalid because of his decision and resolve (not to fast).

But with regard to wavering, the basic principle is that the fast remains valid. If there was no firm decision to break the fast, rather he wavered between completing the fast or breaking it, then the basic principle is that it remains valid and is not affected by this wavering, in sha Allah. So his fast remains valid and he does not have to make it up in this case.

End quote from Sharh ‘Umdat al-Ahkaam (38/27)

Thus it is clear that if a person wavers in his intention of fasting, his fast remains valid, because the basic principle is that the fast remains valid.

And Allah knows best.

Islam Q&A

He had intended to make up a missed fast, but he forgot and he ate and drank; will that day count as a make-up fast?

He had intended to make up a missed fast, but he forgot and he ate and drank; will that day count as a make-up fast?

I decided to fast today, to make up a day when I did not fast during Ramadan. But then I forgot that I had decided to do that, and when I woke up after Fajr I ate and drank. Then my grandmother reminded me that I was supposed to fast that day to make up a missed fast, so I refrained from eating and drinking until sunset. Will that day be counted as a fast, because I completed it until sunset, or not?

Praise be to Allah.
If a person eats or drinks because he forgot, when he was fasting, then his fast is still valid, because of the report narrated by Muslim (1952) from the hadeeth of Abu Hurayrah (may Allah be pleased with him), who said: The Messenger of Allah (blessings and peace of Allah be upon him) said: “Whoever forgets, when he is fasting, and eats or drinks, let him complete his fast, for it is only Allah Who has fed him and given him to drink.”

There is no difference, in that regard, between a Ramadan fast or a make-up fast, or a fast in fulfilment of a vow, or a naafil (supererogatory) fast, because of the general meaning of the text.

Imam ash-Shaafa‘i (may Allah have mercy on him) said:

If the fasting person eats or drinks during Ramadan, or during a fast in fulfilment of a vow, or an expiatory fast, or a fast that is obligatory for some other reason, or a voluntary fast, because he forgot, then his fast is still complete and he does not have to make it up.

End quote from al-Umm by ash-Shaafa‘i (2/75)

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him) said:

That also includes a case where a person eats due to forgetting during a fast in Ramadan or otherwise, whether the fast is voluntary, or to make up a missed fast, or in fulfilment of a vow. If he ate because he forgot, or he drank because he forgot, or he had intercourse because he forgot, he does not have to do anything, because the Prophet (blessings and peace of Allah be upon him) said: “Whoever forgets, when he is fasting, and eats or drinks, let him complete his fast, for it is only Allah Who has fed him and given him to drink.”.

End quote from Fataawa Noor ‘ala ad-Darb by Ibn Baaz (16/479)

Based on that, so long as you formed the intention to observe the make-up fast from the night before, then the fast is valid and counts as making up for a missed fast in Ramadan; it does not matter that you ate and drank because you forgot.

And Allah knows best.

Islam Q&A

Ruling on inserting a finger into the rectum to deal with constipation; does that affect the fast?

Ruling on inserting a finger into the rectum to deal with constipation; does that affect the fast?

I am suffering from constipation. Is it permissible for me to insert my finger into my rectum whilst relieving myself, to help with the process of expulsion? Is this action permissible if I am fasting, whether it is an obligatory or involuntary fast?

Praise be to Allah.
With regard to whether inserting the finger into the rectum when fasting breaks the fast or not, there is a difference of opinion. Some of the scholars are of the view that if the fasting person inserts his finger into his rectum, he breaks his fast by doing that.

Shaykh Zakariyya al-Ansaari (may Allah have mercy on him) said: If he inserts a finger into his rectum, he breaks his fast. The same applies if someone else does that to him with his permission. So he should be careful when cleaning himself after relieving himself, and not let the tip of his finger enter the rectum, because if any part of the finger enters it, his fast will be broken.

End quote from Asna al-Mataalib (1/5/416)

The second view is that the fast is not broken by anything that is inserted via the rectum, because it is not akin to food and drink. Among those who favour this view was Shaykh al-Islam Ibn Taymiyah (may Allah have mercy on him).

Shaykh Muhammad ibn ‘Uthaymeen (may Allah have mercy on him) said inash-Sharh al-Mumti‘ (6/369): The more correct view concerning this matter is definitely that of Shaykh al-Islam Ibn Taymiyah, regardless of what some contemporary scholars say.

One of the common forms of medical treatment nowadays is that which is placed in the rectum (suppository) when the patient is suffering a high fever; a thermometer may also be inserted into the rectum to find out the patient’s temperature; and there are other things. None of these things breaks the fast.

Moreover we have an important basic principle for the seeker of knowledge, which is that if we are uncertain as to whether anything breaks the fast or not, the basic principle is that it does not break the fast. End quote.

For more information, please see the answers to questions no. 22959 and37749.

According to this view, the one who inserts his finger into his rectum does not break his fast, according to the view that is most likely to be correct, because there is nothing in this action to indicate that the fast is broken.

However we should point out that the basic principle is to protect the ‘awrah from such things. Whatever illness you have, there are treatments, remedies, and laxatives which you can use, instead of doing this off-putting action. We do not know of any doctor who would advise such a thing or tell a patient to do it. So you should consult some doctors who specialise in such matters, and perhaps they will tell you about something that will be beneficial in your case.

Please see also the answer to question no. 20671

We ask Allah to heal you from what you are suffering, for He is Munificent, the Most Generous.

And Allah knows best.

Islam Q&A

She is breastfeeding two babies and is afraid that they will be harmed because of fasting

She is breastfeeding two babies and is afraid that they will be harmed because of fasting

I have twins who are five months old. They are not exclusively breastfed, because my milk is little; rather they are being bottle fed as well as breastfed. But I am afraid that my milk will be reduced because of fasting, and I will not be able to breastfeed them, so they will be weaned too early.
Is it permissible for me not to fast?

Praise be to Allah.
Firstly:

It is proven from the Messenger of Allah (blessings and peace of Allah be upon him) that he said: “Allah, may He be glorified and exalted, has relieved the traveller of half of the prayer, and He has relieved the traveller and pregnant and nursing mothers of the duty to fast.”

Narrated by Abu Dawood (2408), at-Tirmdhi (715), an-Nasaa’i (2275) and Ibn Majah (1667). Al-Albaani said in Saheeh Abi Dawood: It is hasan saheeh.

Although this hadeeth appears to be general in meaning and to apply to every pregnant woman and breastfeeding mother, it is restricted to cases where they fear harm to themselves or their babies.

It says in Haashiyat as-Sindi ‘ala Sunan Ibn Maajah (1/512): “pregnant women and breastfeeding mothers” i.e., if they fear harm to the foetus or nursing infant, or to themselves. End quote.

Al-Jassaas said in Ahkaam al-Qur’an (1/244), after mentioning the words of the Prophet, “Allah, may He be glorified and exalted, has relieved the traveller of half of the prayer, and He has relieved the traveller and pregnant and nursing mothers of the duty to fast”:

It is well-known that the concession granted to them – i.e., the pregnant woman and breastfeeding mother – depends on whether there is the fear of harm to themselves or to their infants.

He also said (1/252):

It is very possible that the pregnant woman or breastfeeding mother, or their babies, may be harmed by fasting. Whichever is the case, not fasting is better for them and fasting is not allowed for them. But if fasting will not cause any harm to them or their infants, then they must fast, and it is not permissible for them not to fast. End quote.

The scholars have mentioned this restriction in several texts. In fact it was narrated that the scholars were unanimously agreed upon it, as we have explained in detail in fatwa no. 66438.

Based on that:

If you fear that your babies will be harmed because of your fasting, due to the milk drying up or being reduced to an extent that will cause them harm, then in that case there is nothing wrong with you not fasting.

Similarly, if you fear that you yourself may be exhausted by breastfeeding whilst fasting to an extent greater than can be borne in such cases, or that you will be harmed by it, then in that case there is no blame on you if you do not fast.

But if it is thought most likely that fasting may cause a decrease in milk that will not adversely affect the babies, then in this case it is not permissible to not fast, especially since it is possible to make up for this slight decrease by bottlefeeding.

It says in al-Umm by ash-Shaafa‘i (2/113): If a pregnant woman fears for her child, then she may break the fast. The same applies if a breastfeeding mother will clearly be adversely affected with regard to her milk. But if the reduction is something bearable, then she should not break the fast. Fasting may exacerbate some problems, but that is usually within bearable limits; it usually leads to a decrease in the milk supply, but that is usually within bearable limits too. But if it goes beyond bearable limits, then the pregnant woman and breastfeeding mother may break the fast.

End quote.

Secondly:

If the breastfeeding mother fears for her child and therefore breaks the fast, the fuqaha’ differed as to what is required of her.

It says in al-Mawsoo‘ah al-Fiqhiyyah al-Kuwaitiyyah (32/69):

… They differed concerning the case of a pregnant or breastfeeding woman who breaks her fast out of fear for her child. The Shaafa‘is, according to their most prevalent view, the Hanbalis and Mujaahid are of the opinion that they have to make up the fast and feed one poor person for each day, because they come under the same heading as those mentioned in the verse (interpretation of the meaning): “And as for those who can fast with difficulty, (e.g. an old man, etc.), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)” [al-Baqarah 2:184]. The comment of Ibn ‘Abbaas (may Allah be pleased with him) on this verse has been quoted above.

Ibn Qudaamah said: That was also narrated from Ibn ‘Umar (may Allah be pleased with him) and no one among the Sahaabah (may Allah be pleased with them) differed from that. Moreover, it is breaking the fast because of being unable to fast for a physical reason, so expiation must be offered for it, as in the case of the old man (who cannot fast).

The Hanafis, ‘Ata’ ibn Abi Rabaah, al-Hasan, ad-Dahhaak, an-Nakha‘i, Sa‘eed ibn Jubayr, az-Zuhri, Rabee‘ah, al-Awzaa ‘i, ath-Thawri, Abu ‘Ubayd and Abu Thawr – and it is also one view among the Shaafa‘is – are of the view that they are not obliged to offer the fidyah (i.e., feeding the poor); rather that is mustahabb for them, because of the report narrated from the Prophet (blessings and peace of Allah be upon him), according to which he said: “Allah, may He be glorified and exalted, has relieved the traveller of half of the prayer, and He has relieved the traveller and pregnant and nursing mothers of the duty to fast.”

The Maalikis and al-Layth – and it is a third view among the Shaafa‘is – were of the view that the pregnant woman may break the fast and should make it up, but she is not required to pay the fidyah; the breastfeeding mother may break the fast and she should make it up and pay the fidyah, because the breastfeeding woman can give her child to someone else to breastfeed him, unlike the pregnant woman, because the pregnancy is part of the pregnant woman, so fear for the pregnancy is like fear for one of her limbs or body parts. Moreover, the pregnant woman breaks the fast for a reason that is within herself, so she is like the person who is sick, whereas the breastfeeding mother breaks the fast for a reason that is separate from her, so she must pay the fidyah.

Some of the earlier scholars – including Ibn ‘Umar, Ibn ‘Abbaas and Sa‘eed ibn Jubayr (may Allah be pleased with them) are of the view that they may break the fast and give food to the poor, but they do not have to make up the fast. End quote.

What is more likely to be correct – and Allah knows best – is that they (the pregnant woman and the breastfeeding mother) only have to make up the fasts.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked, as it says in Fataawa as-Siyaam (p. 161):

If a pregnant woman or breastfeeding mother breaks the fast with no excuse, and she is physically strong and has energy, and will not be affected by fasting, what is the ruling on that? He replied:

It is not permissible for a pregnant woman or breastfeeding mother to break the fast during the day in Ramadan except with an excuse. If she breaks the fast with an excuse, then she must make up the fast, because Allah, may He be exalted, says concerning the sick person (interpretation of the meaning):“and whoever is ill or on a journey, the same number (of days which one did not observe Saum (fasts) must be made up) from other days” [al-Baqarah 2:185]. Pregnant and breastfeeding women come under the same heading as the sick person.

If their excuse is fear for the infant, then – according to some of the scholars – in addition to making up the fasts they must also feed one poor person for each day, giving wheat, rice, dates or some other staple food.

Some of the scholars said that they do not have to do anything other than making up the days in either case, because there is no evidence in the Qur’an or Sunnah for obliging them to feed the poor, and the basic principle is that a person is not obliged to do anything unless there is evidence to that effect. This is the view of Abu Haneefah (may Allah have mercy on him) and it is a strong view.

He (may Allah have mercy on him) was also asked (Fataawa as-Siyaam, p. 162) about a pregnant woman who fears for herself or her child, and breaks the fast; what is the ruling?

He replied:

Our response is that the pregnant woman must be in one of two situations:

the first is that she is active and strong, and faces no difficulty, and her foetus is not affected. Such a woman is obliged to fast, because she has no excuse not to fast.

In the second case, the pregnant woman is not able to fast, either because the pregnancy is difficult for her, or she is physically weak, or some other reason. In this case she may not fast, especially if fasting will harm her foetus; in that case it is obligatory for her to refrain from fasting. If she does not fast then she is like others who do not fast because of some excuse; she must make up the fasts when that excuse is no longer applicable in her case. When she has given birth, she must make up the fast after she becomes pure following the end of nifaas (postpartum bleeding). But sometimes the excuse of pregnancy may cease, but it is immediately followed by another excuse, which is the excuse of breastfeeding. The breastfeeding mother may need to eat and drink, especially during the long days of summer when it is very hot. She may need to break the fast in order to be able to nourish her baby with her milk. In this case too we say to her: Break the fast, and when that excuse is no longer applicable to you, you should make up the fasts that you missed.

Shaykh Ibn Baaz (may Allah have mercy on him) said in Majmoo‘ al-Fataawa (15/224):

With regard to the pregnant woman and breastfeeding mother, it is proven from the Prophet (blessings and peace of Allah be upon him), in the hadeeth of Anas ibn Maalik al-Ka‘bi, as narrated by Ahmad and the authors of as-Sunan with a saheeh isnaad: He granted them a concession allowing them not to fast, and regarded them as being like the traveller. Thus it is known that they may break the fast and make it up later on, like the traveller. The scholars stated that they do not have the right to break the fast unless fasting is too difficult for them, as in the case of one who is sick, or they fear for their infants. And Allah knows best.

See also the answers to questions no. 49794 and 50005

And Allah knows best.

Islam Q&A

He divorced his wife once, then when he went to document it officially in the court, he signed a paper that said he had divorced her three times

He divorced his wife once, then when he went to document it officially in the court, he signed a paper that said he had divorced her three times

My question is that My brother has divorced his wife 14 months ago. He went to the get the divorce paper made himself. On which he said he signed there while he read on it 3 talaq being given in one time. He wasnt completely sure what that exactly meant. As in Pakistan they use it pretty much as a standard format. He did not get the two witness sign the divorce papers and posted one to his wifes address and the other copy that he had to submit at the council, that he did not submit till today. And both the copes were not signed by the witnesses but everyone got aware of his act obviously. He had problems with his wifes family. Later on his wife and her family contacted him numerous times for reconciliation but he refused. And at the same time he kept saying he is confused. Now after all this time that has passed and the way he has given this divorce will it be considered as 1 divorce or 3. Can he get back to his wife? And if Islamic talaq is how Quran says then how can any other method be valid for a muslim regardless if it changed with time. Quran is for all times And he says he followed this method just because this is the method in practice in the country judicial system. He wasn’t well aware about the details. And on one side Allah is giving people repeated chances to unite on the other side all of a sudden by one unplanned mistake that u dont know much about you simple losse that right. How can anyones opinions be above the word of Quran.

Praise be to Allah.
Divorce (talaaq) is the right of the husband that Allah, may He be glorified, has given to him to be issued to his wife if there is a need to do so. The Prophet (blessings and peace of Allah be upon him) affirmed that when he said: “(The right of divorce) belongs to the one who takes hold of the calf [i.e., her husband who has the right to intimacy].” Narrated by Ibn Maajah, 2072; classed as hasan by al-Albaani in Saheeh Ibn Maajah.

Al-Maawardi said in his commentary on the hadeeth: Divorce (talaaq) is given to the husband, to the exclusion of all others.

End quote from al-Haawi al-Kabeer, 10/356.

In al-Bayaan fi Madhhab al-Imam ash-Shaafa‘i (10/318) it says: The husband is the one who “takes hold of the calf (i.e., has the right to intimacy).” End quote.

‘Umar (may Allah be pleased with him) said: Divorce (talaaq) is only in the hand of the one for whom intercourse is permissible.

End quote from al-Mughni by Ibn Qudaamah, 7/355

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said in ash-Sharh al-Mumti‘ ‘ala Zaad al-Mustaqni‘ (12/490): Allah, may He be exalted, has connected marriage and divorce to the husband himself, as He says (interpretation of the meaning): “O you who believe! When you marry believing women, and then divorce them…” [al-Ahzaab 33:49]. Allah has connected divorce to marriage, so divorce is in his (the husband’s) hands. End quote.

Based on that, it is not permissible for the court or anyone else to supersede the husband with regard to divorcing his wife.

In the case mentioned in the question, if the husband had divorced his wife one time only, then that alone is what counts as such, and what is written on the official papers that he signed is of no significance, so long as he did not intend thereby to issue a threefold divorce.

We only say that because by signing he is considered to have written the divorce, and writing the divorce is more akin to metaphor, as stated in fatwa no. 72291. Metaphor does not count as a divorce unless he intends it as such; if he did not intend by signing this paper to issue a threefold divorce, then there are no consequences to that, and he is not bound by anything except the (one) divorce that he issued to his wife. This divorce is revocable so long as it was not issued in return for some compensation or money, and was not a third divorce.

Based on the above, the husband has the right to take his wife back, even if that is without her knowledge or consent, if her ‘iddah has not yet ended.

But if her ‘iddah has ended, then he may marry her again, with a new marriage contract and mahr, but the previous divorce still counts as such.

However we should point out that the more correct scholarly view – which is what fatwas on this website are based on – is that if the husband issues a threefold divorce to his wife, it is to be counted as one, and divorce can only be regarded as having been issued three times if he divorced her on three separate occasions, then took her back each time.

This has been discussed previously in fatwa no. 96194

And Allah knows best.

Islam Q&A

He did not fast because of sickness for which there is no hope of a cure, then he became able to fast

He did not fast because of sickness for which there is no hope of a cure, then he became able to fast

I have suffered from chronic kidney failure for years. I used to fast without any problems until Ramadan 1431 AH, when I began to feel exhausted halfway through, and my health declined after that and the kidney failure began to get much worse. So I did not fast Ramadan in 1432 and 1433, and I paid the fidyah for not fasting, based on a fatwa from a famous Islamic website after I explained my situation to them. Please note that I did not consult a doctor about that. In 1434 I fasted Ramadan, praise be to Allah, because I had a great desire to fast after I found out that fasting is the best for my condition and to cleanse the body of toxins, which is the opposite of what I had understood previously.
Do I now have to make up the fasts of the two Ramadans (in 1432 and 1433) that I did not fast, or not? Please note that I am still sick and my condition worsens day after day.

Praise be to Allah
Firstly, we ask Allah, may He be exalted, to grant you good health and well-being. We advise you to be patient and seek reward with Allah, may He be exalted, and to be certain that whatever befalls you of trials only seems to be hard and difficult on the surface, but in reality by Allah’s leave it is something good.

The one who goes through hardship is not, before Allah, like one who is given well-being, and the one who is sick is not like the one who is healthy, if the one who is sick seeks reward with Allah and is patient, for all things happen by the decree of Allah, may He be glorified and exalted.

Moreover, the fact that you did not fast during those two years is something concerning which Allah has granted you a concession, and there is no blame on you for that, in sha Allah. Allah, may He be glorified and exalted, says (interpretation of the meaning):

“but if any of you is ill or on a journey, the same number (should be made up) from other days. And as for those who can fast with difficulty, (e.g. an old man, etc.), they have (a choice either to fast or) to feed a Miskeen (poor person) (for every day)”

[al-Baqarah 2:184].

And it was narrated from ‘Ata’ that he heard Ibn ‘Abbaas say: (This means) those who find it very hard to fast must give a fidyah (ransom) of feeding a poor person (for every day). Ibn ‘Abbaas said: This has not been abrogated; it refers to the old man and the old woman who are not able to fast; for each day they must feed one poor person.

Narrated by al-Bukhaari (4505).

The fuqaha’ discussed a case similar to what you mentioned, which is that if a patient for whom it is thought that there is no hope of recovery, or a very old person, does not fast, then in subsequent years becomes able to fast because he has recovered or regained good health and the like, will the fidyah that he paid for previous fasts be acceptable, or must he make up the fasts? There are three views among the scholars:

~1~

The first view is that he does not have to make them up; rather the video is sufficient. This is the view of the Shafa‘i madhhab.

Imam ar-Ramli (may Allah have mercy on him) said:

Rather the person mentioned does not have to make up the fasts, if he becomes able to fast later on, because fasting was waived for him, and this requirement is not addressed to him, as is the more correct view in al-Majmoo‘, that originally it was the fidyah that was required of him as an alternative to fasting.

The author of al-Haashiyah commented on that by saying:

He does not have to make up the fasts; however he is still required to pay the fidyah.

End quote from Nihaayat al-Muhtaaj (3/193)

Ibn Hajar al-Haytami (may Allah have mercy on him) said:

If he becomes able to fast later on, he does not have to make it up, as the majority said.

End quote from Tuhfat al-Muhtaaj (3/440)

~2~

The second view is it is obligatory to make it up. This is the view of the Hanafis and some of the Shaafa‘is.

It says in Radd al-Muhtaar ‘ala ad-Durr al-Mukhtaar (2/427):

When he is able to fast, he must make it up, i.e. the old man who did not fast and paid the fidyah instead. End quote.

~3~

The third view is that it depends. If he recovers after having paid the fidyah, then he does not have to make it up. But if he becomes able to fast, and he has not paid the fidyah for what he missed in the past, then in this case he must fast. This is the view of the Hanbalis, and was confirmed by al-Baghawi among the Shaafa‘is.

Al-Bahooti (may Allah have mercy on him) said:

If he feeds the poor (as fidyah) then he becomes able to make up the fasts… He is not obliged to make them up; rather he has to feed the poor. This was stated in al-Mubdi‘. What this means is that if he recovers before feeding poor persons, then he has to make up the fasts.

End quote from Kashshaaf al-Qinaa‘ (2/310).

It says in al-Majmoo‘ by Imam an-Nawawi (6/261):

Then al-Baghawi said: If he becomes able to fast before paying the fidyah, then he must fast, but if he becomes able to fast after paying it, then it may be that the matter is like Hajj, because he was required to pay the fidyah on the basis that he thought that his excuse would remain permanently, then it turned out differently. End quote.

The view that seems most likely to be correct, in sha Allah, is the first view: that the fidyah is acceptable in place of the fasts that he did not observe because of that excuse, whether he paid it previously or has not yet paid it, and he does not have to make up the fasts. That is because the option of paying the fidyah was required of him at the time when he was suffering the chronic sickness, so he should not move from that to another option. Moreover, obliging him to make up what has passed would cause considerable hardship in some cases, and hardship would dictate moving to an easier option.

Shaykh Ibn Baaz (may Allah have mercy on him) was asked the following question:

There is a person who suffered from a chronic illness and the doctors advised him never to fast, but then he was treated doctors in another country and he recovered by Allah’s leave, i.e., five years later. Now five Ramadans have gone by during which he did not fast, so what should he do after Allah has healed him – should he make them up or not?

He replied:

If the doctors who advised him never to fast were trustworthy Muslim doctors who have knowledge of this type of sickness, and they told him that there was no hope of recovery for him, then he does not have to make up the fasts and it is sufficient for him to feed the poor instead, but he has to fast in the future.

End quote from Majmoo‘ Fataawa Ibn Baaz (15/354).

See also fatwa no. 84203

To sum up: you do not have to make up the fasts that you missed during the years 1432-1433, even if you did not consult doctors at that time. It is well-known that kidney disease is a chronic disease and that fasting for a kidney patient usually causes harm and hardship. What matters is the experience of the patient himself. As for asking a doctor, the fuqaha’ do not regard that as necessary; rather they recommend the patient to consult a doctor as a precaution, lest fasting cause him harm.

Whatever the case, we advise you to consult doctors and ask them every time before fasting.

And Allah knows best.

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