Is it recommended to use the miswak after the sun passes its zenith for the one who is fasting?
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Question : We said that this ruling, that it is recommended at all times, includes the time after the sun passes its zenith for the one who is fasting. That is, if the one who is fasting is after the sun passes its zenith, it is recommended for him to use the miswak like others. However, some scholars hold that it is disliked for the one who is fasting to use the miswak after the sun passes its zenith. What is their evidence?
Answer : A disaster. He says: We have a hadith: "If you fast, let the breath of your mouth be like musk in the morning, and do not let it be like musk in the evening." The morning is from the beginning of the day until the sun passes its zenith, and the evening is from the sun passing its zenith until the end of the day. This is a clear and explicit hadith. Yes, this is evidence. And the Prophet’s (peace and blessings be upon him) statement "do not let it be like musk" is, at the least, that it is disliked, if we do not say that it is forbidden. This is the evidence. The second evidence is that the Prophet (peace and blessings be upon him) said:Sahih al-Bukhari 7538 The *khaluf* is the smell of the mouth that occurs when the stomach is empty of food. This is called *khaluf*, which occurs when the stomach is empty of food. When does this *khaluf* occur for the one who is fasting? Praise be to Allah. It is at the end of the day, and according to the condition of the person. If he does not eat a lot, it may not occur until the 'Asr prayer. If that is the case, and the chewing is difficult, it may not occur until he is tired. If not, and the food is light and the chewing is good, the stomach may empty before the sun passes its zenith, or not? In any case, the *khaluf* is what comes from the smell in the stomach when it is empty of food, and this is mostly after the sun passes its zenith. These are two pieces of evidence. They said: If the breath of the one who is fasting is more beloved to Allah than musk, then it is better for the person to leave it, because as long as it is better than musk, let it be, so that it is good with Allah. It must be good, not that this goodness is... Yes, we say: As for the first hadith, it is weak and cannot be used as evidence. It is "If you fast, let the breath of your mouth be like musk in the morning, and do not let it be like musk in the evening." This is weak and cannot be used as evidence, and using it as evidence is invalid. Because one of the conditions for using a hadith as evidence is that it be authentic or good at the least. As for the weak hadith, it is not in the category of evidence.
As for the hadith about the *khaluf* of the one who is fasting, the Prophet (peace and blessings be upon him) did not narrate it to make people observe the *khaluf* of the miswak, but rather he narrated it to show them the status of fasting with Allah, and that this smell which is disliked by people and by custom is not disliked by Allah. When we smell the breath of the one who is fasting during the day, we accept this smell, but with Allah, it is Allahu Akbar.
It is affected by it, because it arises from his obedience. And this does not mean that he wants us to extinguish it, but rather he shows us that this smell which is disliked in the eyes of people is not disliked by Allah, because it arises from his obedience. This is like his statement regarding the blood of the martyr: "He will come on the Day of Resurrection with his blood, the color of blood and the smell of musk," even though blood is written among people as something disliked. But with the believers, he will come on the Day of Resurrection with his wound, the color of blood but the smell of musk. The blood of people is from the command of jihad in the path of Allah the Exalted and Majestic. For this reason, we say that the Prophet (peace and blessings be upon him) does not want us to keep this smell, but rather he wants to show us that although it is mentioned in the customs of people, it is not disliked by Allah. And such a thing cannot be used as evidence for the prohibition of using the miswak after the sun passes its zenith.
Then al-Bukhari narrated a suspended hadith from 'Amir ibn Rabi'ah, who said:Mishkat al-Masabih 2009 This is general for the beginning of the day and the end of it.
Answer : A disaster. He says: We have a hadith: "If you fast, let the breath of your mouth be like musk in the morning, and do not let it be like musk in the evening." The morning is from the beginning of the day until the sun passes its zenith, and the evening is from the sun passing its zenith until the end of the day. This is a clear and explicit hadith. Yes, this is evidence. And the Prophet’s (peace and blessings be upon him) statement "do not let it be like musk" is, at the least, that it is disliked, if we do not say that it is forbidden. This is the evidence. The second evidence is that the Prophet (peace and blessings be upon him) said:
and the smell which comes out of the mouth of a fasting person, is better in Allah's Sight than the smell of musk.
قال خلوف فم الصائم أطيب عند الله من ريح المسكAs for the hadith about the *khaluf* of the one who is fasting, the Prophet (peace and blessings be upon him) did not narrate it to make people observe the *khaluf* of the miswak, but rather he narrated it to show them the status of fasting with Allah, and that this smell which is disliked by people and by custom is not disliked by Allah. When we smell the breath of the one who is fasting during the day, we accept this smell, but with Allah, it is Allahu Akbar.
It is affected by it, because it arises from his obedience. And this does not mean that he wants us to extinguish it, but rather he shows us that this smell which is disliked in the eyes of people is not disliked by Allah, because it arises from his obedience. This is like his statement regarding the blood of the martyr: "He will come on the Day of Resurrection with his blood, the color of blood and the smell of musk," even though blood is written among people as something disliked. But with the believers, he will come on the Day of Resurrection with his wound, the color of blood but the smell of musk. The blood of people is from the command of jihad in the path of Allah the Exalted and Majestic. For this reason, we say that the Prophet (peace and blessings be upon him) does not want us to keep this smell, but rather he wants to show us that although it is mentioned in the customs of people, it is not disliked by Allah. And such a thing cannot be used as evidence for the prohibition of using the miswak after the sun passes its zenith.
Then al-Bukhari narrated a suspended hadith from 'Amir ibn Rabi'ah, who said:
he had seen the Prophet more often than he could count using a toothstick while he was fasting
رَأَيْتُ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ مَا لَا أُحْصِي يَتَسَوَّكُ وَهُوَ صَائِمٌ
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 908- هل يستحب السواك بعد الزوال للصائم؟ II فوائد من الدروس الفقهية من المحاضرات الجامعية لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
