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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Continuation of the discussion on fasting and night prayer.

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The Shaykh : Then the sun rose, so the fast is valid. The evidence for this is the saying of Allah, Blessed and Exalted is He:
Our Lord, do not impose blame upon us if we have forgotten or erred. رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَا
[Al-Baqarah 2:286]
So Allah said: I have done it فقال الله : قد فعلت
And there is no doubt that he is mistaken, because we know that if he had known that the day was still remaining, he would not have eaten or drunk.
Another piece of evidence on the same subject is what al-Bukhari narrated from Asma bint Abi Bakr (may Allah be pleased with them both), who said:
Narrated Jabir: We used to practice coitus interrupt us during the lifetime of Allah's Messenger (ﷺ) . أفطرنا في يوم غيم على عهد النبي صلى الله عليه وسلم
Sahih al-Bukhari 5207
And they were not ordered to make it up. So when the Companions in the time of the Prophet (peace and blessings be upon him) broke their fast on a cloudy day, thinking that the sun had set, and then it became clear that it had not set, and he did not order them to make it up, it is known that there is no obligation to make up the fast for a person who was ignorant.
The second is: intention, and its opposite is forgetfulness. So if a person eats or drinks while forgetting, he owes nothing, by the saying of Allah the Exalted:
Our Lord, do not impose blame upon us if we have forgotten or erred. رَبَّنَا لا تُؤَاخِذْنَا إِنْ نَسِينَا أَوْ أَخْطَأْنَا
[Al-Baqarah 2:286]
So Allah the Exalted said: You have done it. فقال الله تعالى : قد فعلت
And by the saying of the Prophet (peace and blessings be upon him) specifically regarding this issue:
If anyone forgets that he is fasting and eats or drinks he should complete his fast, for it is only Allah Who has fed him and given him drink. من نسي وهو صائم فأكل أو شرب فليتم صومه فإنما أطعمه الله وسقاه
Sahih Muslim 1155
But it is obligatory that when the excuse is removed, he should stop. So if he knows, it is obligatory for him to abstain, and if he remembers, it is obligatory for him to abstain, even if a mouthful of food is in his mouth or a sip of water is in his mouth, it is obligatory for him to spit it out. For example, if he eats thinking the sun has set, and then he sees it, we say: abstain, even if the mouthful is in your mouth or the date is in your mouth, put it down, because the excuse has been removed.
The third of the conditions: choice.
The student: Intention.

The Shaykh : Intention, yes, intention. Intention means that if something that breaks the fast occurs without intention, it does not harm. So if a person rinses his mouth during ablution and then some water goes down into his stomach, this does not break the fast, because if we asked this person performing ablution: "Did you rinse your mouth so that the water would go down into your stomach?" he would say: "No." So he did not intend it, and his fast is valid. And if it were the case that he was in a place with smoke or dust, and the dust or smoke flew until it reached the stomach, it does not break the fast. For this reason, we say: it is permissible for the fasting person to use incense. The common people say: "The fasting person does not use incense." This is not correct. He may use incense, but he must not inhale the incense. Even if he took the incense burner and placed it under his chin and then covered it with his ghutrah, there is no harm, because he did not intend to bring the smoke into his stomach. But he must not inhale it. This intention also applies to a person who draws gasoline with a hose. In the past, there were not many gas stations, so they would take gasoline in barrels, then put the hose in the barrel, and the driver would pull it in order to fill the car's tank. Sometimes, and often, some gasoline goes down into his stomach. If he is fasting, does it invalidate his fast?
The student: ...

The Shaykh : No, because it is without intention, it does not invalidate his fast, because it is without intention.
The fourth: choice. Choice means that the person must be doing these things that break the fast of his own free will, and its opposite is coercion. So if a man coerces his wife to have intercourse and he has intercourse with her while she is fasting and she is unable to get away from him, then her fast is valid and she owes nothing, neither in Ramadan nor outside of Ramadan. But is it permissible for the husband to invalidate her fast and force her? There is a detail. If it is in Ramadan, it is not permissible. But how is it permissible for the husband to have intercourse with her when it is not permissible for her to be had intercourse with? The scenario is that a man is traveling and is not fasting during his travel, then he arrives in the town while still not fasting. So he is allowed to eat and drink until the sun sets, because he is not required to abstain according to the stronger opinion. At that time, the husband is allowed to do what? Break the fast, and from that, intercourse. But the wife is fasting, and it is not permissible for him to invalidate her fast. Likewise, if she is making up fasts from Ramadan and has started making them up with his permission, it is not permissible for him to invalidate her fast with intercourse, because he has given her permission.
Likewise, if she fasts a voluntary fast with his permission, it is not permissible for him to invalidate her fast, because he gave her permission. But in this case, if he asks her, and she is fasting a voluntary fast with his permission, if he asks her to come to the bed, is it better for her to continue fasting and refuse, or to answer the husband? The second is better: to answer the husband, because answering the husband is from the category of obligatory matters in principle, and fasting is voluntary, from the category of recommended matters. And because if she refuses while he has a strong desire, there might be something in his heart against her, and the relationship might become bad because of that. Likewise, if there remains from the making up of Ramadan fasts, from Sha'ban, the number of days she owes, and she starts fasting, even without his permission, it is not permissible for him to invalidate her fast, because her fasting to make up before the second Ramadan is an obligatory matter. This is what concerns fasting and the things that break it.
As for many etiquettes in fasting, such as striving for obedience, remembrance, and reading the Qur'an, and others, this is a matter that does not allow the space to mention it.
And as for standing in prayer, for the standing in Ramadan, the standing in Ramadan is what is called by us tarawih. It is called tarawih because the Salaf (may Allah have mercy on them) did not pray the standing in Ramadan as we pray it now, but they lengthened it completely. So when they prayed four rak'ahs, meaning two taslims, they stopped and rested, then they resumed the prayer, so they would pray four, then rest, then resume the prayer, so they would pray three, but in units of two, two, two. So on this basis, we should strive for this standing, seeking the reward of Allah and following the example of the Messenger of Allah (peace and blessings be upon him and his family). The Sunnah is that it is prayed in congregation in the mosques, because this was the action of the Messenger (peace and blessings be upon him). He prayed with them for three nights, then he delayed and said:
I feared that it would become obligatory (fard) for you إني خشيت أن تفرض علي
Muwatta Malik 6:1
And the fear of it becoming obligatory is not applicable now, because the time of legislation has ended, so it is not applicable. And the imam should not increase beyond thirteen rak'ahs, either eleven or thirteen. And it is not permissible for him to combine the rak'ahs, meaning to pray four all together or four all together, because this is not from the Sunnah. Rather, the Prophet (peace and blessings be upon him) said:
The night prayer is (to be offered) two by two. صلاة الليل مثنى مثنى
Sunan Ibn Majah 1319Sahih (Darussalam)
And it may be difficult for the people if he combines four rak'ahs all together; it is difficult for the people. How? Some people may be confined and need to relieve themselves, or be occupied with a necessary task, or something similar. So this is of the kind of the action of Mu'adh (may Allah be pleased with him) when he lengthened the prayer for his people in the 'Isha' prayer, so the Messenger (peace and blessings be upon him) forbade him.
But someone might ask: What do you say about the hadith of Aisha:
The Messenger of Allah (ﷺ) did not pray more than eleven rak'ahs during Ramadan or at any other time. He would pray four, and do not ask how beautiful or how long they were. Then he would pray four, and do not ask how beautiful or how long they were. Then he would pray three. كان النبي صلى الله عليه وسلم لا يزيد في رمضان ولا غيره على إحدى عشرة ركعة يصلي أربعاً فلا تسأل عن حسنهن وطولهن ثم يصلي أربعاً فلا تسأل عن حسنهن وطولهن ثم يصلي ثلاثاً
Sunan an-Nasa'i 1697Sahih (Darussalam)
? We say: She narrated the number of units of night prayer as eleven, then she specified it, saying: four and four and three. The meaning of this is that when he prayed four, he paused, then he prayed four. This is the definitive interpretation, and it cannot be understood as four consecutive units for two reasons. The first reason is that this generalization in Aisha’s hadith was specified by Aisha (may Allah be pleased with her) herself:
again a pair of rak`ahs, again a pair of rak`ahs, again a pair of rak`ahs, again a pair of rak`ahs, again a pair of rak`ahs أنه كان يصلي ركعتين ثم ركعتين ثم ركعتين ثم ركعتين ثم ثلاث
Sahih Muslim 763b
. The second reason is that the Messenger (peace and blessings be upon him) himself said:
The night prayer صلاة الليل
What?
Two by two مثنى مثنى
And whoever understood from some people that it is ... four has understood incorrectly and has not combined the texts. Likewise, we do not see it permissible for a person to perform the witr with seven or nine consecutive units in the tarawih, because some people say: I will perform the witr with five all together or nine all together to teach people the Sunnah. It is said: Are you more eager to convey the Sunnah and the Shari'ah than the Messenger of Allah? The answer is definitely no. Did the Messenger lead the people in this manner? No. He only performed the witr by himself in his house. He performed the witr with five and did not say the taslim except at the end, and with seven he did not say the taslim except at the end, and with nine he did not say the taslim except at the end. He did not pray with the people in this manner. The person who prays for the people must consider the conditions of the people. Have you seen a man who comes to pray in the mosque and prays nine units all together with them? What would that be? It would be a hardship for the people. It may happen that a person needs to relieve himself, or a person may enter thinking it is two units, intending to pray two or four units, and then leave for the house for a need. Then, when he enters now, what does he intend? Because these five, seven, or nine will be what? Witr or night prayer? Witr? What does the one who enters intend? The one who enters will intend that it is tahajjud night prayer because he does not know about the imam. So the intention differs, and at that time this one who enters will be tired. Then, in the following, we say: You have not performed the witr because you did not intend the witr. Therefore, people must urge the imams to consider the conditions of the people and to combine the Sunnah with some of it so that the matter becomes clear. Then, if he says: I want to teach people the Sunnah, we say: May Allah reward you with good. Convey the Sunnah to people by saying: Say: The Messenger performs the witr with five all together, seven all together, and nine all together, and he recites the tashahhud in the eighth and stands up without saying the taslim. Teach people with this wording. As for saying: I will teach them something that is a hardship for them and is not from the way of the Messenger (peace and blessings be upon him), that is an error. Therefore, I urge my brothers the imams, and those other than the imams, to urge people to these tarawih. And I urge the imams to pray the tarawih with a prayer of tranquility, without speed or haste, because Allah the Exalted says: He is
And it is He who created the heavens and the earth in six days - and His Throne had been upon water - that He might test you as to which of you is best in deed. But if you say, "Indeed, you are resurrected after death," those who disbelieve will surely say, "This is not but obvious magic." الَّذِي خَلَقَ الْمَوْتَ وَالْحَيَاةَ لِيَبْلُوَكُمْ أَيُّكُمْ أَحْسَنُ عَمَلاً
[Hud 11:7]
He did not say: Who is fastest in deed. People in Ramadan like to be very tranquil in the ruku', sujud, and tashahhud. Now, many imams, according to what we hear, in the ruku' they glorify Allah three times quickly, and the ma'mum says: The imam says: Allahu ma' subhanahu Rabbil 'A'la before he has glorified Allah once. Because the ma'mum will begin the ruku' when? After the imam reaches the ruku'. So the imam stands up before the ma'mum says it once. How is this? Likewise, in the tashahhud, no sooner do the people reach saying: I bear witness that there is no god but Allah and I bear witness that Muhammad is His slave and His Messenger, except what? Except the imam says the taslim. I seek refuge in Allah. Let the people complete the prayer upon the Messenger (peace and blessings be upon him) according to what the Messenger taught them. The Messenger taught them how to pray upon him. What did he say when they said:
How is blessing to be invoked on you who belong to the prophetic family? God has taught us [only] how to salute you.” He told us to say, “O God, bless Muhammad and Muhammad’s family as Thou didst bless Abraham and Abraham’s family. Thou art indeed praiseworthy and glorious. O God, grant favours to Muhammad and Muhammad’s family as Thou didst grant favours to Abraham and Abraham’s family. Thou art indeed praiseworthy and glorious.” كيف نصلي عليك ؟ قال : قولوا : اللهم صل على محمد وعلى آل محمد كما صليت على إبراهيم وعلى آل إبراهيم إنك حميد مجيد اللهم بارك على محمد وعلى آل محمد كما باركت على إبراهيم وعلى آل إبراهيم إنك حميد مجيد
Mishkat al-Masabih 919
Then he ordered his Ummah (peace and blessings be upon him) when they recite the final tashahhud to say:
let him seek refuge with Allah from four things: From the torment of Hell, from the torment of the grave, from the trials of life and death, and from the Fitnah (tribulation) of Masihud-Dajjal. أعوذ بالله من عذاب جهنم ومن عذاب القبر ومن فتنة المحيا والممات ومن فتنة المسيح الدجال
Sunan Ibn Majah 909Sahih (Darussalam)
Many imams, unfortunately, in the night prayer of Ramadan do not pray beyond this limit. So you find the ma'mum confused: does he say the taslim before completing the tashahhud, or does he remain to complete the tashahhud? And then the imam has read al-Fatihah from the second taslim. So I hope our brothers the imams will consider this. And I ask Allah the Exalted to make us and you among those who reach Ramadan and fast it with faith and seeking reward, and that He accept from us and from you. And perhaps this gathering will be, if Allah wills, of benefit. And the tafsir is not limited in time so that we say: It is necessary, if Allah wills. The days are in the future days, and we ask Allah to help us with good and obedience. We take as many questions as the remaining time allows.
Source alathar.net

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

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