#604: Intentional Breaking of Fast in Ramadān

QUESTION

MUST THE ONE WHO IS IGNORANT OF THE OBLIGATION OF THE KAFFĀRAH FAST FOR INTENTIONAL BREAKING IN RAMADĀN OBSERVE IT?

” Jazakumullahu khyran,sallam alaykum pls ya shiek what if the case that the offender does not know that what he did was something that is forbidden in the deen or is ignorant of the sin or he knows that is a sin but is unaware of the penalty regarding such sin,please clarify more,jazakumullahu khyran,sallam alaykum”

ANSWER

Wa alaykum Salām Warahmatullāh Wabarakātuh.

On ignorance of this, there are three scenarios.

One: That he is ignorant that it is Harām to have intercourse in Ramadān Daytime, and does so.

Then the majority of the Ulamā from the Hanafī, the Mālikī and the Shāfi’ī schools have held that the Kaffārah (expiation/atonement) is not binding upon such a person.

Though the Mālikī and Shafi’i schools maintained that such an excuse is only given to the one who legitimately had a reason to be ignorant of this injunction such as the new Muslim convert or one who lives in an isolated island somewhere away from the communities.
This was mentioned by An-Nawawī in Al-Majmū’ and Ad-Dardīr in Al-Kabīr.

As for Qadā which is a simple pay back (compensation) of what was missed, the Shāfi’ī position is that whosoever was ignorant of this injunction does not have to make the Qadā. This position was also held by Imām Ahmad in one of the narrations from him and favored by Ibn Taymiyyah and Ibn Qayyim and echoed by Shaykh Muhammad Sālih Al-Uthaymīn – Rahimahumullāh.

While the Mālikī and Hanbalī position is that the Qadā remains binding on such a person. This position was echoed by Shaykh Bin Bāz – rahimahullāh.

The stronger position, and Allāh knows best, is the position espoused by the Shāfi’īyyah, for the one who is not held to blame is not held to compensate in the matters of Dīn. But the position of the Mālikī School is consonant with the ground precept within the school of Ihtiyāt

Two: That he is aware that the act nullifies his fast but unaware of the Atonement (Kaffārah).

As for this, the Ulamā have explained that such a person is not absolved of the responsibility of the Kaffārah.

Imām Ad-Dardīr Al-Mālikī said in Al-Kabīr:

“As for ignorance of its obligation, i.e of the Atonement, as long as he knows that its Harām, he is not absolved of this obligation.”

Imam Az-Zarkashī Ash-Shāfi’ī – rahimahullāh – said in Al-Manthūr:

“If he says, I knows that it is Harām to have sexual intercourse but I am ignorant of the obligation of the Atonement (Kaffārah), it (Atonement) becomes obligatory without disagreement (among the Ulamā). Ad-Dārimī and others mentioned this. And An-Nawawī said in Sharhu Al-Muhadhdhab: This is the preponderant”

Three: That he is ignorant that the time of his intercourse falls into the hours of the fast.

Example of this is the one that has intercourse with his wife thinking it wasn’t dawn yet.

As for Kaffārah, then the Ulamā from the Four Madhāhib held that he doesn’t have to do it.

As for Qadā, An-Nawawī said in the Majmū’:

“If he eats or drinks or have intercourse thinking the sun has set or that the dawn is yet to rise, and then it becomes known that he was wrong, we have mentioned that Qadā (Compensation) becomes binding upon him this was the edict of Ibn ‘Abbās, Mu’āwiyah Ibn Abī Sufyan, ‘Atā, Sa’īd Ibn Jubayr, Mujāhid, Az-Zuhrī and Ath-Thawrī. Ibn Al-Mundhir mentioned that from them. It is also the verdict of Abū Hanīfah, Mālik, Ahmad, Abū Thawr, and the majority.”

Whereas the minority held that there is nothing upon him, drawing similarities with the one who is ignorant that these things nullify his fast.

What is stronger, on this matter, and Allah knows best is the position of the majority.

Bārakallāhu Fīkum
Jazākumullāhu Khayran

24th Ramadān, 1439AH.

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