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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If a man performs 'Umrah in Ramadan, it is not permissible for him to break his fast because he is going to perform a voluntary act, so it is not permissible for him to leave an obligatory act. What is the validity of this statement?

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The questioner : I heard a man say that if a man performs 'Umrah in Ramadan, it is not permissible for him to break his fast because he is going to perform a voluntary act, so it is not permissible for him to leave an obligatory act. We, when we go to perform 'Umrah, we break our fast, but we were struck with doubt by this statement. We ask the honorable Shaykh to provide us with information?

The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and his Companions, and upon those who follow them with excellence until the Day of Judgment. If a person travels for 'Umrah in Ramadan, he has the option to break his fast from the time he leaves his town until he returns to it, even if he remains in Makkah for the entire month. It is established from the Prophet (peace and blessings be upon him) that he conquered Makkah in the eighth year of the Hijrah in Ramadan, and he did not fast the rest of the month, even though he entered it on the eighteenth or twentieth day, in the last ten days, which are the best nights and days of Ramadan. And yet, he did not fast, as is established in "Sahih al-Bukhari" from the hadith of Ibn 'Abbas (may Allah be pleased with them both).
There is no doubt that the Messenger of Allah (peace and blessings be upon him) was the most eager of people for good, and that he (peace and blessings be upon him) was the legislator for his Ummah. However, he took the dispensation (rukhsah) from Allah and did not fast while he was in the heart of Makkah in the last ten days of Ramadan. The one who issued a fatwa to them that it is not permissible, and justified it by saying that fasting in Ramadan is obligatory and 'Umrah is a recommended practice (sunnah), is undoubtedly ignorant of a compounded ignorance, because he was ignorant and was ignorant that he was ignorant. Indeed, fasting in Ramadan while traveling is not obligatory by the explicit text of the Book and the consensus of the Ummah. Allah the Exalted said:
The month of Ramadhan [is that] in which was revealed the Qur'an, a guidance for the people and clear proofs of guidance and criterion. So whoever sights [the new moon of] the month, let him fast it; and whoever is ill or on a journey - then an equal number of other days شَهْرُ رَمَضَانَ الَّذِي أُنزِلَ فِيهِ الْقُرْءانُ هُدًى لِلنَّاسِ وَبَيِّنَاتٍ مِنَ الْهُدَى وَالْفُرْقَانِ فَمَنْ شَهِدَ مِنْكُمُ الشَّهْرَ فَلْيَصُمْهُ وَمَنْ كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ
[Al-Baqarah 2:185]
So the traveler is not obligated to fast by the consensus of the Muslims and by the indication of the Book and the Sunnah regarding this. The Prophet (peace and blessings be upon him) broke his fast during his journey, and his Companions were with him, some fasting and some breaking their fast. No one from the people of knowledge said that traveling in Ramadan is forbidden, except if it is obligatory. Even if we suppose that he traveled an obligatory journey, we can say that there is nothing more obligatory than the five pillars of Islam, and what is obligatory can be made up after Ramadan. And at that time, we say: Do not travel, neither an obligatory journey nor a non-obligatory one, in Ramadan. And no one said that. Rather, it is permissible for a person to travel in Ramadan on a permissible journey, even for recreation, and he breaks his fast, and there is no blame on him for this. Yes, if we suppose that a person traveled in order to break his fast, meaning he traveled to circumvent the fast, then at that time we may say that it is forbidden (haram) for him, meaning it is forbidden for him to travel and break his fast, because circumventing the dropping of what Allah has made obligatory does not drop the obligations of Allah. As for the one who travels for a intended purpose and does not intend to break the fast by it, then he has the option to break his fast by consensus, indeed by text and consensus.
And I direct advice to this brother who issued a fatwa to them to fear Allah the Mighty and Majestic, and to know the right of Allah, and to be well-mannered before Allah the Mighty and Majestic and His Messenger. For Allah the Exalted says:
(116) And do not say about what your tongues assert of untruth, "This is lawful and this is unlawful," to invent falsehood about Allah. Indeed, those who invent falsehood about Allah will not succeed. (117) [It is but] a brief enjoyment, and they will have a painful punishment. وَلا تَقُولُوا لِمَا تَصِفُ أَلْسِنَتُكُمُ الْكَذِبَ هَذَا حَلالٌ وَهَذَا حَرَامٌ لِتَفْتَرُوا عَلَى اللَّهِ الْكَذِبَ إِنَّ الَّذِينَ يَفْتَرُونَ عَلَى اللَّهِ الْكَذِبَ لا يُفْلِحُونَ * مَتَاعٌ قَلِيلٌ وَلَهُمْ عَذَابٌ أَلِيمٌ
[An-Nahl 16:116-117]
And He the Exalted says:
Say, "My Lord has only forbidden immoralities - what is apparent of them and what is concealed - and sin, and oppression without right, and that you associate with Allah that for which He has not sent down authority, and that you say about Allah that which you do not know." قُلْ إِنَّمَا حَرَّمَ رَبِّيَ الْفَوَاحِشَ مَا ظَهَرَ مِنْهَا وَمَا بَطَنَ وَالإِثْمَ وَالْبَغْيَ بِغَيْرِ الْحَقِّ وَأَنْ تُشْرِكُوا بِاللَّهِ مَا لَمْ يُنَزِّلْ بِهِ سُلْطَانًا وَأَنْ تَقُولُوا عَلَى اللَّهِ مَا لا تَعْلَمُونَ
[Al-A'raf 7:33]
And this is an explicit text in the prohibition of speaking about Allah without knowledge. And this includes speaking about Allah in His essence, or in His names, or in His attributes, or in His actions, or in His rulings. All of that is forbidden and not lawful for anyone to be bold in it, issuing a fatwa without knowledge. And there is no doubt that issuing a fatwa without knowledge, while it is forbidden, is undoubtedly contrary to the etiquette with Allah and His Messenger. For issuing a fatwa without knowledge is placing something before Allah and His Messenger. And Allah the Exalted said:
O you who have believed, do not put [yourselves] before Allah and His Messenger but fear Allah. Indeed, Allah is Hearing and Knowing. يَا أَيُّهَا الَّذِينَ ءامَنُوا لا تُقَدِّمُوا بَيْنَ يَدَيِ اللَّهِ وَرَسُولِهِ وَاتَّقُوا اللَّهَ إِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ
[Al-Hujurat 49:1]
.
I advise this brother and those like him against speaking about Allah without knowledge, against issuing fatwas to people without knowledge, because the mufti is a messenger from Allah the Mighty and Majestic. So let a person fear Allah who knows his own status, and knows the status of his Lord and the status of His Shari'ah. Let him be deliberate and patient. If Allah the Exalted has written for him leadership in religion, it will not come to him by hastening in the sins of Allah. And leadership in religion will not come to him except through patience, restraining the self, deliberation, and taqwa, as Allah the Exalted said:
And We made from among them leaders guiding by Our command when they were patient and [when] they were certain of Our signs. وَجَعَلْنَا مِنْهُمْ أَئِمَّةً يَهْدُونَ بِأَمْرِنَا لَمَّا صَبَرُوا وَكَانُوا بِآيَاتِنَا يُوقِنُونَ
[As-Sajdah 32:24]
So let him be patient until Allah gives him knowledge and wisdom, and at that time he will speak with what Allah has given him to be an imam. And I ask Allah the Exalted for me and my Muslim brothers to make us firm with the firm word.

The questioner : O Allah, amen.

The Shaykh : And to protect us from saying about Him what we do not know.

The questioner : Ameen, may Allah bless you.
Source alathar.net

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

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