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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The mention of the fifth thing that breaks the fast, which is the emission of semen through desire by the act of the fasting person, with the evidence

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The Shaykh : Not by explicit text, nor by scholarly consensus, nor by analogical reasoning. So if there is no evidence that pre-seminal fluid invalidates the fast, neither by explicit text, nor by scholarly consensus, nor by analogical reasoning, we return to the principle we detailed previously, which is that what is established on a religious basis cannot be annulled except by religious evidence. Thus, the fast remains valid until we have religious evidence of its invalidity. Because it is not our right, my brothers, it is not the right of any person to rule that the worship of Allah's servants is defective except with evidence. For Allah will question us; He will say, "Why did you invalidate the worship of My servants?" Is not the ruling Mine? It is like a man who has intercourse with his wife and emits pre-seminal fluid; his fast remains valid and is not invalidated by that. And we said, what is the evidence that his fast is valid and remains valid? The evidence is the absence of evidence. So if someone says, "This invalidates the fast," we say, "Bring the evidence." And if you bring it, it is upon my eyes and head, and it is obligatory for us to say, "We hear and obey." And if you do not bring the evidence, it is not permissible for you to invalidate the worship of Allah's servants except with evidence from the Book of Allah, or the Sunnah of His Messenger (peace and blessings be upon him), or the consensus of the Muslims, or valid analogical reasoning. And what we mentioned is the position of many scholars and the choice of the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him). Now, regarding "by the act of the fasting person": if semen is emitted without desire, does it invalidate the fast? No, because semen emitted without desire has none of the rulings of semen established for it, ever. Rather, it is like urine; it breaks the ablution and must be washed, because this is not the semen for which the Shari'ah established the known rulings. And we said "by the act of the fasting person" to be cautious against the case where pre-seminal fluid is emitted through desire without any act by the fasting person, but through the thinking of the fasting person. Through the thinking of the fasting person, meaning a man thought that he would have intercourse with his wife, so he emitted, but without any act, meaning he did not fiddle with his penis, or rub himself on the ground, or anything like that. So we say to this man, "Your fast is valid," based on the saying of the Prophet (peace and blessings be upon him):
Allah, the Most High, has forgiven my followers what they contemplate on within themselves (i.e. evil thoughts) as long as they do not act upon or speak about them. إن الله تجاوز عن أمتي ما حدثت به أنفسها ما لم تعمل أو تتكلم
Bulugh al-Maram 8:133
And this man did not act and did not speak, he only thought, so he emitted. So that does not invalidate his fast. Now, do you understand the ruling of the concepts in this phrase? "The emission of semen through desire by the act of the fasting person": you must ask me for evidence that the emission of semen invalidates the fast, because there are some scholars who said that the emission of semen does not invalidate the fast, even if it is through desire, and even if it is by the act of the fasting person. And in that case, he has the right to demand evidence from us. Otherwise, we would be establishing a principle in our favor and demolishing that principle when it is in favor of someone else. So if they say to us, "What is the evidence that the emission of semen through desire by the act of the fasting person invalidates the fast? Give us the evidence, or do not invalidate the worship of Allah's servants without permission from Allah." We say the evidence for that is composite, composed of two pieces of evidence. And the composite evidence is not noticed except by the most intelligent of the scholars. So we will first give an example, then we will give the evidence for this issue. The scholars said that the minimum period in which a fetus can live is six months, meaning the fetus cannot be born in less than six months and live. What is the evidence that the minimum period is six months? They said? The evidence is composite from two pieces of evidence. Allah the Exalted said:
And We have enjoined upon man [care] for his parents. His mother carried him, [increasing her] in weakness upon weakness, and his weaning is in two years ووصينا الإنسان بوالديه حملته أمه وهنا على وهن وفصاله في عامين
[Luqman 31:14]
How many months are in two years? Twenty-four months. And He said:
and his gestation and weaning [period] is thirty months وحمله وفصاله ثلاثون شهرا
[Al-Ahqaf 46:15]
We drop the weaning that Allah mentioned in two years from thirty. How much remains? Six months. We benefit from the combination of the two verses that the minimum pregnancy is six months. Good. The evidence that semen invalidates the fast is also composite from two pieces of evidence. Listen. Allah the Exalted said in the Holy Hadith about the fasting person:
He gives up his food and drink and his desire for My sake إنه يدع طعامه وشرابه وشهوته من أجلي
Musannaf Ibn Abi Shaybah 3:27
Food and drink are known, right? Desire? Desire includes intercourse and includes semen. The evidence: The Prophet (peace and blessings be upon him) spoke about things from charity until he said:
and in man's sexual Intercourse (with his wife, ) there is a Sadaqa. They (the Companions) said: Messenger of Allah, is there reward for him who satisfies his sexual passion among us? He said: Tell me, if he were to devote it to something forbidden, would it not be a sin on his part? Similarly, if he were to devote it to something lawful, he should have a reward. وفي بضع أحدكم صدقة قالوا يا رسول الله أيأتي أحدنا شهوته ويكون له فيها أجر قال نعم أرأيتم لو وضعها في حرام أكان عليه وزر فكذلك إذا وضعها في الحلال كان له أجر
Sahih Muslim 1006
And what does the one who comes to his wife place in his wife? It is semen. In reality, where is it placed? And thus, in the two composite pieces of evidence, there is evidence that semen is contrary to fasting, because Allah says in the Holy Hadith:
He gives up his food and drink and his desire for My sake يدع طعامه وشرابه وشهوته من أجلي
Musannaf Ibn Abi Shaybah 3:27
This is the evidence that the emission of semen through desire by the act of the fasting person invalidates the fast.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

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