Explanation of the author's statement: "For one who is not fasting, after the sun has passed its zenith."

The Shaykh : Now, the author says "For one who is not fasting, after the sun has passed its zenith", meaning it is a recommended practice at all times, night and day, except for the fasting person. The term "fasting person" covers both voluntary and obligatory fasts. After the sun has passed its zenith, meaning when the sun has passed its zenith. When does the sun pass its zenith? When it leans toward the west, because the sun first rises from the east. So when it reaches the middle of the sky and then slips away from it, it has passed its zenith. What is the sign of the sun passing its zenith? The scholars say the sign is to erect a vertical object, something tall, and look at it. As long as its shadow is decreasing, the sun has not passed its zenith. If it begins to increase, even by the width of a hair, the sun has passed its zenith. This is the sign of the sun passing its zenith. As for the hours that exist now, you take the midpoint between the sunrise and the sunset, and the midpoint is the zenith. For example, if the sun rises at twelve o'clock and sets at twelve o'clock, what is the zenith? Six. If it rises at one and a half, one and a half.

The questioner : Five and a quarter.

The Shaykh : No, no, it is ten and a half. One and a half, one and a half, add it to twelve, thirteen and a half. What is half of that? Seven minus a quarter. So it passes its zenith at seven minus a quarter. If it rises at ten and a quarter, what is half of that? Ten and a quarter, five and seven minutes. It passes its zenith at five and seven minutes. Do you see this according to the Arab time? As for the European time, no, yes. Now, the important thing is that the sun passing its zenith has two signs: the sign of the shadow and the sign of the hours. The sign of the hours is to take the midpoint between the sunrise and the sunset. And the sign of the shadow is when the shadow begins to increase. He says "For one who is not fasting, after the sun has passed its zenith". After the sun has passed its zenith, what is the ruling for the fasting person after the sun has passed its zenith? They said it is disliked. So when the sun passes its zenith and you are fasting, do not use the miswak. Why? What is the evidence? They said we have two pieces of evidence. One is the saying of the Prophet (peace and blessings be upon him), the hadith narrated from the Messenger (peace and blessings be upon him) and the evening is after the sun has passed its zenith. This is one piece of evidence. And the second piece of evidence is the saying of the Prophet (peace and blessings be upon him) And the bad breath is what usually appears only at the end of the day. So what is the bad breath? The bad breath is the foul smell that occurs in the mouth when the stomach is empty of food. But because it arises from obedience to Allah, it became pleasant to Allah (Mighty and Majestic), more pleasant to Allah than the scent of musk. Is the meaning in this world or in the Hereafter? The correct view is in this world and the Hereafter. And as for them saying it is more pleasant to Allah than the scent of musk, it should not be removed, and the miswak removes it, so it should not be removed, by analogy to the blood of the martyr upon him. For the blood of the martyr is not to be removed, and it is not permissible to remove it. The martyr who is killed in the cause of Allah must remain with his blood on him and be buried in his clothes in his blood, as the Prophet (peace and blessings be upon him) ordered regarding the martyrs of Uhud. They said everything that arises from obedience to Allah should not be removed. And some of the scholars said it is recommended for the fasting person at all times, like others, and they cited the generality of the hadiths indicating the recommendation of using the miswak at all times without specification. The author (may Allah have mercy on him) said "For one who is not fasting, after the sun has passed its zenith". For one who is not fasting, after the sun has passed its zenith, meaning it is not recommended, but rather it is disliked. And before the sun passes its zenith, they said it is recommended with a dry miswak and permissible with a wet one. So they made the miswak for the fasting person into three categories, or it has three rulings: permissible with a wet one before the sun passes its zenith, recommended with a dry one before the sun passes its zenith, and disliked after the sun passes its zenith, absolutely. What is their evidence for that? They say it is recommended for the fasting person before the sun passes its zenith due to the generality of the evidence with a dry one. It is permissible with a wet one because, due to its wetness, there is a fear that some of its taste may seep and reach the throat, thereby invalidating his fast. And the Prophet (peace and blessings be upon him) said to al-Qa'ib ibn al-Sabrah . As for it being disliked after the sun passes its zenith, they cited a report and a reasoning. The report is what Ibn Majah narrated from the hadith of 'A'ishah (may Allah be pleased with her) . This is one. The reasoning is that they said because after the sun passes its zenith, a foul smell usually appears from the fasting person due to the emptiness of the stomach of food. This foul smell arises from obedience. And if it arises from obedience, then it is better to leave it, like the blood of the martyr upon him. For the blood should not be left, but it is established from the Prophet (peace and blessings be upon him) that when he was wounded at Uhud, Fatimah (may Allah be pleased with them both) stood up to wash the blood from his face. As for the martyrs, they were ordered to be buried in their blood and not to be washed, because this loathsome blood arises from obedience to Allah (Mighty and Majestic), so it remained. So likewise, this smell that comes out of the stomach of the fasting person at the end of the day arises from obedience to Allah, so it should be left. And it is known that using the miswak removes it, because it is a purifier for the mouth. This is the reasoning. So they have in that a piece of evidence and a reasoning. And some of the scholars said it is not disliked absolutely for the fasting person, but rather it is a recommended practice for him, like others. He said in al-Iqna', al-Iqna' is one of the books of the later Hanbalis who generally follow the school of jurisprudence. He said, and this is more evident in evidence, and it is the choice of Shaykh al-Islam Ibn Taymiyyah, that it is recommended even for the fasting person after the sun passes its zenith. What is the evidence? In general evidences, like the hadith of 'A'ishah to which we previously referred . And this is general, and the Messenger (peace and blessings be upon him) did not exclude anything from it.