Fasting

From Muwatta' By Imam Malik Rahimahullah

18.1 Sighting the New Moon for Beginning and Ending the Fast of Ramadan

1 Yahya related to me from Malik from Nafi' from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, once mentioned Ramadan and said, "Do not begin the fast until you see the new moon, and do not break the fast (at the end of Ramadan) until you see it. If the new moon is obscured from you, then calculate (when it should be)."

[cf Bukhari 1807]

2 Yahya related to me from Malik from 'Abdullah ibn Dinar from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "The month has twenty-nine days in it. Do not start the fast or break it until you see the new moon. If the new moon is obscured from you, then calculate when it should be)."

[cf Bukhari 1807-1808]

3 Yahya related to me from Malik from Thawr ibn Zayd ad-Dili from 'Abdullah ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, once mentioned Ramadan and said, "Do not start the fast or break it until you see the new moon. If the new moon is obscured from you, then complete a full thirty days."

[In Abu Dawud, at-Tirmidhi and Ibn Majah]

4 Yahya related to me from Malik that he had heard that once in the time of 'Uthman ibn 'Affan the new moon was seen in the afternoon but 'Uthman did not break his fast until evening had come and the sun had set.

Yahya said that he had heard Malik say that someone who sees the new moon of Ramadan when he is on his own should start the fast and not break it if he knows that that day is part of Ramadan.

He added, "Someone who sees the new moon of Shawwal when he is on his own does not break the fast, because people suspect the trustworthiness of someone among them who breaks the fast. Such people should say when they sight the new moon, 'We have seen the new moon.' Whoever sees the new moon of Shawwal during the day should not break his fast but should continue fasting for the rest of that day. This is because it is really the new moon of the night that is coming."

Yahya said that he heard Malik say, "If people are fasting on the Day of Fitr thinking that it is still Ramadan and then definite evidence comes to them that the new moon of Ramadan had been seen one day before they began to fast and that they are now into the thirty-first day, then they should break the fast on that day at whatever time the news comes to them. However, they do not pray the 'Id prayer if they hear the news after the sun has begun to decline."

18.2 Making the Intention to Fast before Dawn

5 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to say, "Only someone who makes the intention to fast before dawn (actually) fasts."

Yahya related to me from Malik from Ibn Shihab that 'A'isha and Hafsa, the wives of the Prophet, may Allah bless him and grant him peace, also said that.

18.3 Being Quick to Break the Fast

6 Yahya related to me from Malik from Abu Hazim ibn Dinar from Sahl ibn Sa'd as-Sa'idi that the Messenger of Allah, may Allah bless him and grant him peace, said, "People will continue to be all right as long as they hurry to break the fast."

[cf Bukhari 1856]

7 Yahya related to me from Malik from 'Abd ar-Rahman ibn Harmala al-Aslami from Sa'id ibn al-Musayyab that the Messenger of Allah, may Allah bless him and grant him peace, said, "People will continue to be all right as long as they hurry to break the fast."

8 Yahya related to me from Malik from Ibn Shihab from Humayd ibn 'Abd ar-Rahman that 'Umar ibn al-Khattab and 'Uthman ibn 'Affan would pray Maghrib when they saw the night darkening, before they broke their fast, and that was during Ramadan.

18.4 Fasting when Someone is in Janaba in the Morning during Ramadan

9 Yahya related to me from Malik from 'Abdullah ibn 'Abd ar-Rahman ibn Ma'mar al-Ansari from Abu Yunus, the mawla of 'A'isha, from 'A'isha that she overheard a man standing at the door saying to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, I get up in the morning in janaba (in a state of major ritual impurity) and want to fast," and the Messenger of Allah, may Allah bless him and grant him peace, said, "I too get up in the morning in janaba and want to fast, so I do ghusl and fast." The man said to him, "You are not the same as us. Allah has forgiven you all your wrong actions that have gone before and those that have come after." The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I hope that I am the most fearful of you with respect to Allah and the most knowledgeable of you in how to fear Allah."

[In Muslim]

10 Yahya related to me from Malik from 'Abd Rabbih ibn Sa'id from Abu Bakr ibn 'Abd ar-Rahman ibn al-Harith ibn Hisham from 'A'isha and Umm Salama, the wives of the Prophet, may Allah bless him and grant him peace, that the Prophet, may Allah bless him and grant him peace, used to get up in the morning in janaba as a result of intercourse, not a dream, in Ramadan, and then he would fast."

[cf Bukhari 1830]

11 Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn 'Abd ar-Rahman ibn al-Harith ibn Hisham that he heard Abu Bakr ibn 'Abd ar-Rahman ibn al-Harith ibn Hisham say, "My father and I were with Marwan ibn al-Hakam at the time when he was amir of Madina, and someone mentioned to him that Abu Hurayra used to say, 'If someone begins the morning in janaba, he has broken the fast for that day.' Marwan said, 'I swear to you, 'Abd ar-Rahman, you must go to the two Umm al-Muminin, 'A'isha and Umm Salama, and ask them about it.'

"'Abd ar-Rahman went to visit 'A'isha and I accompanied him. He greeted her and then said, 'Umm al-Muminin, we were with Marwan ibn al-Hakam and someone mentioned to him that Abu Hurayra used to say that if someone had begun the morning in janaba, he had broken the fast for that day.' 'A'isha said, 'It is not as Abu Hurayra says, 'Abd ar-Rahman. Do you dislike what the Messenger of Allah, may Allah bless him and grant him peace, used to do?', and 'Abd ar-Rahman said, 'No, by Allah.' 'A'isha said, 'I bear witness that the Messenger of Allah, may Allah bless him and grant him peace, used to get up in the morning in janaba from intercourse, not a because of a dream, and would then fast for that day.'"

He continued, "Then we went and visited Umm Salama, and 'Abd ar-Rahman asked her about the same matter and she said the same as 'A'isha had said. Then we went off until we came to Marwan ibn al-Hakam. 'Abd ar-Rahmman told him what they had both said and Marwan said, 'I swear to you, Abu Muhammad, you must use the mount which is at the door, and go to Abu Hurayra, who is on his land at al-'Aqiq, and tell him this.' So 'Abd ar-Rahman rode off, and I went with him, until we came to Abu Hurayra. 'Abd ar-Rahman talked with him for a while, and then mentioned the matter to him, and Abu Hurayra said, 'I don't know anything about it. I was just told that by someone.' "

[cf Bukhari 1825]

12 Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr, from Abu Bakr ibn 'Abd ar-Rahman that 'A'isha and Umm Salama, the wives of the Prophet, may Allah bless him and grant him peace, said, "The Messenger of Allah, may Allah bless him and grant him peace, used to get up in the morning in janaba from intercourse, not a dream, and would then fast."

[cf Bukhari 1825]

18.5 Permission for a Fasting Man to Kiss

13 Yahya related to me from Malik from Zayd ibn Aslam from 'Ata' ibn Yasar that a certain man kissed his wife while he was fasting in Ramadan. This made him very anxious, and so he sent his wife to the Prophet, may Allah bless him and grant him peace, to ask him about that for him. She went in and saw Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and mentioned the matter to her, and Umm Salama told her that the Messenger of Allah, may Allah bless him and grant him peace, used to kiss while he was fasting. So she went back and told her husband that, but it only made him find fault all the more and he said, "We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for the Messenger of Allah, may Allah bless him and grant him peace, whatever He wishes."

His wife then went back to Umm Salama and found the Messenger of Allah, may Allah bless him and grant him peace, with her. The Messenger of Allah, may Allah bless him and grant him peace, said, "What is the matter with this woman?", and Umm Salama told him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Did you not tell her that I do that myself?" and she said, "I told her, and she went to her husband and told him, but it only made him find fault all the more and say, 'We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for His Messenger, may Allah bless him and grant him peace, whatever He wishes.' " The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I am the one with the most taqwa of Allah of you all, and of you all the one who best knows His limits."

[Ash-Shafi'i has it in the Risala]

14 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that 'A'isha, Umm al-Muminin, may Allah be pleased with her, said, "The Messenger of Allah, may Allah bless him and grant him peace, used to kiss certain of his wives when fasting," and then she laughed.

[cf Bukhari 1827]

15 Yahya related to me from Malik from Yahya ibn Sa'id that 'Atika bint Zayd ibn 'Amr ibn Nufayl, the wife of 'Umar ibn al-Khattab, used to kiss 'Umar ibn al-Khattab's head while he was fasting, and he did not forbid her.

16 Yahya related to me from Malik from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah that 'A'isha bint Talha told him that she was once with 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, and her husband, who was fasting, came and visited her there. (He was 'Abdullah ibn 'Abd ar-Rahman ibn Abi Bakr as-Siddiq). 'A'isha said to him, "What's stopping you from coming close to your wife and kissing her and joking with her?" He asked, "Can I kiss her when I am fasting?" She said, "Yes."

17 Yahya related to me from Malik from Zayd ibn Aslam that Abu Hurayra and Sa'd ibn Abi Waqqas used to say that someone who was fasting was allowed to kiss.

18.6 Being strict about Kissing when Fasting

18 Yahya related to me from Malik that he had heard that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, would say, when she mentioned that the Messenger of Allah used to kiss while fasting, "And who among you is more able to control himself than the Messenger of Allah, may Allah bless him and grant him peace?"

[cf Bukhari 1826]

Yahya said that Malik said that Hisham ibn 'Urwa ibn az-Zubayr had said, "I do not think that kissing invites people who are fasting to good."

19 Yahya related to me from Malik from Zayd ibn Aslam from 'Ata' ibn Yasar that 'Abdullah ibn 'Abbas was asked about people kissing while fasting and he said that he allowed it for old men but disapproved of it for young men.

20 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to forbid kissing and fondling for people who were fasting.

18.7 Fasting while Travelling

21 Yahya related to me from Malik from Ibn Shihab from 'Ubaydullah ibn 'Abdullah ibn 'Utba ibn Mas'ud from 'Abdullah ibn 'Abbas that the Messenger of Allah, may Allah bless him and grant him peace, left for Makka in Ramadan during the year of the conquest, and fasted until he reached al-Kadid. He then broke the fast, and so everyone else did so as well. What people used to do was act according to whatever the Messenger of Allah, may Allah bless him and grant him peace, had done most recently.

[cf Bukhari 1842]

22 Yahya related to me from Malik from Sumayy, the mawla of Abu Bakr ibn 'Abd ar-Rahman, from Abu Bakr ibn 'Abd ar-Rahman from one of the companions of the Messenger of Allah, that the Messenger of Allah, may Allah bless him and grant him peace, ordered everyone to break the fast on the journey he made in the year of the conquest saying, "Be strong for your enemy," while the Messenger of Allah, may Allah bless him and grant him peace, kept on fasting. Abu Bakr said that the one who related this to him said, "I saw the Messenger of Allah, may Allah bless him and grant him peace, pouring water over his head at al-'Arj, either from thirst or from the heat. Then someone said to the Messenger of Allah, may Allah bless him and grant him peace, 'Messenger of Allah, a group of people kept on fasting when you did.' Then when the Messenger of Allah was at al-Kadid, he asked for a drinking-bowl and drank, and everyone broke the fast."

[In Muslim]

23 Yahya related to me from Malik from Humayd at-Tawil that Anas ibn Malik said, "We once travelled with the Messenger of Allah, may Allah bless him and grant him peace, in Ramadan, and those who were fasting did not find fault with those who were not, and those who were not fasting did not find fault with those who were."

[cf Bukhari 1845]

24 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that Hamza ibn 'Amr al-Aslami once said to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, I am a man who fasts. Can I fast when travelling?" The Messenger of Allah, may Allah bless him and grant him peace, replied, "If you want you can fast, and if you want you can break the fast."

[cf Bukhari 1841]

25 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used not to fast while travelling.

26 Yahya related to me from Malik that Hisham ibn 'Urwa said, "My father, 'Urwa, used to travel in Ramadan and we would travel with him, and he used to fast while we would break the fast and he would not tell us to fast."

18.8 Returning from a Journey in Ramadan and Intention to Travel in Ramadan

27 Yahya related to me from Malik that he had heard that 'Umar ibn al-Khattab, if he was travelling in Ramadan and knew that he would reach Madina at the beginning of the day, would do so fasting.

Yahya said that Malik said, "Someone who is travelling and knows that he will be reaching his people in the first part of the day, and then dawn breaks before he gets there, should be fasting when he gets there."

Malik said, "Someone who intends to go away (on a journey) in Ramadan, and then dawn breaks while he is still on his land before he has left, should fast that day."

Malik said that a man who returns from a journey in Ramadan and is not fasting may have sexual intercourse with his wife if he wishes, if she is not fasting and she has just become pure after her menses.

18.9 Kaffara (Making Amends) for Breaking the Fast in Ramadan

28 Yahya related to me from Malik from Ibn Shihab from Hunayd ibn 'Abd ar-Rahman ibn 'Awf from Abu Hurayra that a man broke the fast in Ramadan and the Messenger of Allah, may Allah bless him and grant him peace, ordered him to make kaffara by freeing a slave, or fasting two consecutive months, or feeding sixty poor people, and he said, "I can't do it." Someone brought a large basket of dates to the Messenger of Allah, may Allah bless him and grant him peace, and he said, "Take this and give it away as sadaqa." He said, "Messenger of Allah, there is no one more needy than I am." The Messenger of Allah, may Allah bless him and grant him peace, smiled until his molars showed and then said, "Eat them."

[cf Bukhari 1834]

29 Yahya related to me from Malik from 'Ata' ibn 'Abdullah al-Khurasani that Sa'id ibn al-Musayyab said, "A bedouin came to the Messenger of Allah, may Allah bless him and grant him peace, beating his breast and tearing out his hair and saying, 'I am destroyed!' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Why is that?', and he said, 'I had intercourse with my wife while fasting in Ramadan.' The Messenger of Allah, may Allah bless him and grant him peace, asked him, 'Are you able to free a slave?', and the man said, 'No.' Then he asked him, 'Are you able to give away a camel?', and the man replied, 'No.' He said, 'Sit down,' and someone brought a large basket of dates to the Messenger of Allah, may Allah bless him and grant him peace, and he said to the man, 'Take this and give it away as sadaqa.' The man said, 'There is no one more needy than me,' and (the Messenger of Allah, may Allah bless him and grant him peace), said, 'Eat them, and fast one day for the day when you had intercourse.' "

Malik said that 'Ata' said that he had asked Sa'id ibn al-Musayyab how many dates there were in that basket, and he said, "Between fifteen and twenty sa's."

Malik said, "I have heard people of knowledge saying that the kaffara specified by the Messenger of Allah, may Allah bless him and grant him peace, for a man who has intercourse with his wife during the day in Ramadan is not due from someone who, on a day when he is making up the fast of Ramadan, breaks his fast by having intercourse with his wife, or whatever. He only has to make up for that day."

Malik said, "This is what I like most out of what I have heard about the matter."

18.10 Cupping a Man who is Fasting

30 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to be cupped while he was fasting. Nafi' said, "He later stopped doing that, and would not be cupped when he was fasting until he had broken the fast."

31 Yahya related to me from Malik from Ibn Shihab that Sa'd ibn Abi Waqqas and 'Abdullah ibn 'Umar used to be cupped while they were fasting.

32 Yahya related to me from Malik from Hisham ibn 'Urwa that his father used to be cupped while he was fasting and he would not then break his fast. Hisham added, "I only ever saw him being cupped when he was fasting."

Malik said, "Cupping is only disapproved of for someone who is fasting out of fear that he will become weak and if it were not for that it would not be disapproved of. I do not think that a man who is cupped in Ramadan and does not break his fast owes anything, and I do not say that he has to make up for the day on which he was cupped, because cupping is only disapproved of for someone fasting if his fast is endangered. I do not think that someone who is cupped, and is then well enough to keep the fast until evening, owes anything, nor does he have to make up for that day."

18.11 Fasting the Day of 'Ashura' (the 10th of Muharram)

33 Yahya related to me from Malik from Hisham ibn 'Urwa from his father that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "The Day of 'Ashura' was a day the Quraysh used to fast in the Jahiliyya, and the Messenger of Allah, may Allah bless him and grant him peace, used also to fast it during the Jahiliyya. Then when the Messenger of Allah, may Allah bless him and grant him peace, came to Madina he fasted it and ordered that it be fasted. Then Ramadan was made obligatory, and that became the fard instead of 'Ashura', but whoever wanted to, fasted it, and whoever did not want to, did not fast it."

[cf Bukhari 1898]

34 Yahya related to me from Malik from Ibn Shihab that Humayd ibn 'Abd ar-Rahman ibn 'Awf heard Mu'awiya ibn Abi Sufyan say from the mimbar on the Day of 'Ashura' in the year in which he went on hajj, "People of Madina, where are your learned men? I heard the Messenger of Allah, may Allah bless him and grant him peace, say about this day, 'This is the Day of 'Ashura', and fasting it has not been prescribed for you. I am fasting it, and whoever of you wants to fast it can do so, and whoever does not want to does not have to.'"

[cf Bukhari 1899]

35 Yahya related to me from Malik that he had heard that 'Umar ibn al-Khattab had sent (the following message) to al-Harith ibn Hisham, "Tomorrow is the Day of 'Ashura', so fast (it) and tell your family to fast (also)."

18.12 Fasting the Days of Fitr and Adha and Fasting Continuously

36 Yahya related to me from Malik from Muhammad ibn Yahya ibn Habban from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, forbade fasting on two days, the Day of Fitr and the Day of Adha.

[In Muslim]

37 Yahya related to me from Malik that he used to hear the people of knowledge say, "There is no harm in fasting continuously as long as one breaks the fast on the days on which the Messenger of Allah, may Allah bless him and grant him peace, forbade fasting, namely, the days of Mina, the Day of Adha and the Day of Fitr, according to what we have heard."

Malik said, "This is what I like most out of what I have heard about the matter."

18.13 The Prohibition against Fasting for Two Days or More without Breaking the Fast In between (Wisal)

38 Yahya related to me frrom Malik from Nafi' from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, forbade fasting for two days or more without breaking the fast in between. They said, "But Messenger of Allah, you practice wisal." He replied, "I am not the same as you. I am fed and given to drink."

[cf Bukhari 1822]

39 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Beware of wisal. Beware of wisal." They said, "But you practise wisal, Messenger of Allah." He replied, "I am not the same as you. My Lord feeds me and gives me to drink."

[cf Bukhari 1861]

18.14 Fasting on account of Manslaughter or for Pronouncing the Dhihar Form of Divorce

40 Yahya related to me, and I (myself) heard Malik say, "The best that I have heard about someone who has to fast for two consecutive months because of having killed someone by mistake, or having pronounced the Dhihar form of divorce, becoming very ill and having to break his fast is that, if he recovers from his illness and is strong enough to fast, he must not delay doing so. He continues his fast from where he left off.

"Similarly, a woman who has to fast because of having killed someone by mistake should not delay resuming her fast when she has become pure after her period. She continues her fast from where she left off.

"No one who, by the Book of Allah, has to fast for two consecutive months may break his fast except for reason of illness or menstruation. He must not travel and break his fast."

Malik said, "This is the best that I have heard about the matter."

18.15 Illness and the Fast

41 Yahya said that he heard Malik say, "What I have heard from the people of knowledge is that, if a man succumbs to an illness which makes fasting very difficult for him and exhausts him and wears him out, he can break his fast. This is the same as with a sick man in the prayer, who finds standing to be too difficult and exhausting (and Allah knows better than the slave that it is an excuse for him aand that it really cannot be described). If the man is in such a condition he prays sitting, and the deen of Allah is ease.

"Allah has permitted a traveller to break the fast when travelling, and he has more strength for fasting than a sick man. Allah, the Exalted, says in His Book, 'But any of you who are ill or on a journey should fast a number of other days,' (2:185) and Allah has thus permitted a traveller to break his fast when on a journey, and he is more capable of fasting than a sick man.

"This is what I most prefer of what I had heard, and it the practice on which there is consensus among us."

18.16 The Vow to Fast, and Fasting on behalf of the Dead

42 Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Sa'id said, "He should fulfil his vow before he does any voluntary fasting."

Malik said, "I have heard the same thing from Sulayman ibn Yasar."

Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel is taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

43 Yahya related to me from Malik that he had heard that 'Abdullah ibn 'Umar used to be asked, "Can someone fast for someone else, or do the prayer for someone else?" and he would reply, "No one can fast or do the prayer for anyone else."

18.17 Making up Days Missed in Ramadan, and the Kaffara

44 Yahya related to me from Malik from Zayd ibn Aslam from his brother Khalid ibn Aslam that 'Umar ibn al-Khattab once broke the fast on a cloudy day thinking that evening had come and the sun had set. Then a man came to him and said, "Amir al-Muminin, the sun has come out," and 'Umar said, "That's an easy matter. It was our deduction (ijtihad)."

Malik commented, "According to what we think, Allah knows best, what he was referring to when he said, 'That's an easy matter' was making up the fast, and how slight the effort involved was and how easy it was. He was saying (in effect), 'We will fast another day in its place.' "

45 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to say, "Someone who breaks the fast in Ramadan because he is ill or travelling should make up the days he has missed consecutively."

46 Yahya related to me from Malik from Ibn Shihab that 'Abdullah ibn 'Abbas and Abu Hurayra differed about making up days missed in Ramadan. One of them said that they were done separately and the other said that they were done consecutively. He did not know which one of them it was who said that they were done separately.

47 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to say, "If someone makes himself vomit while he is fasting he has to make up a day, but if he cannot help vomiting he does not have to make up anything."

48 Yahya related to me from Malik from Yahya ibn Sa'id that he heard Sa'id ibn al-Musayyab being asked about making up days missed in Ramadan, and Sa'id said, "What I like best is for days missed in Ramadan to be made up consecutively, and not separately."

Yahya said that he had heard Malik say, about someone who made up the days he had missed in Ramadan separately that he did not have to repeat them. (What he had done) was enough for him. It was, however, preferable to do them consecutively.

Malik said, "Whoever eats or drinks thoughtlessly or forgetfully in Ramadan, or during any other obligatory fast that he must do, has to fast another day in its place."

49 Yahya related to me from Malik that Humayd ibn Qays al-Makki told him, "I was with Mujahid while he was performing tawaf around the Ka'ba, and a man came to him and asked whether the days (of fasting) for kaffara (making amends) had to be fasted consecutively, or whether they could be split up. I said to him, 'Yes, they can be split up, if the person so wishes.' Mujahid said, 'He should not split them up, because in Ubayy ibn Ka'b's recitation they are referred to as three consecutive days."

Malik said, "What I like most is what Allah has specified in the Qur'an, that is that they are fasted consecutively."

Malik was asked about a woman who began the day fasting in Ramadan and though it was outside of the time of her period, fresh blood (i.e. not menstrual blood) flowed from her. She then waited until evening to see the same, but did not see anything. Then, on the next day in the morning she had another flow, though less than the first. Then, some days before her period, the flow stopped completely. Malik was asked what she should do about her fasting and prayer, and he said, "This blood is like menstrual blood. When she sees it she should break her fast, and then make up the days she has missed. Then, when the blood has completely stopped, she should have a ghusl and fast."

Malik was asked whether someone who became Muslim on the last day of Ramadan had to make up all of Ramadan or whether he just had to make up the day when he became Muslim, and he said, "He does not have to make up any of the days that have passed. He begins fasting from that day onwards. What I like most is that he makes up the day on which he became Muslim."

18.18 Making up Voluntary Fasts

50 Yahya related to me from Malik from Ibn Shihab that 'A'isha and Hafsa, the wives of the Prophet, may Allah bless him and grant him peace, began fasting voluntarily one morning and then food was given to them and they broke their fast with it. Then the Messenger of Allah, may Allah bless him and grant him peace, came in. 'A'isha said, "Hafsa asked, anticipating me in speech - she took after her father 'Umar - 'Messenger of Allah, 'A'isha and I began the morning fasting voluntarily and then food was given us and we broke the fast with it.' The Messenger of Allah, may Allah bless him and grant him peace, said, 'Fast another day in its place.'"

[Mursal, but Abu Dawud has it with a connected isnad. It is also in at-Tirmidhi]

Yahya said that he heard Malik say, "Someone who eats or drinks out of neglect or forgetfulness during a voluntary fast does not have to repeat his fast, but he should continue fasting for the rest of any day in which he eats or drinks while fasting voluntarily and not stop fasting. Someone to whom something unexpected happens which causes him to break his fast while he is fasting voluntarily does not have to repeat his fast if he has broken it for a reason and not simply because he decided to break his fast, just as I do not think that someone has to repeat a voluntary prayer if he has had to stop it because of some discharge which he could not prevent and which meant that he had to repeat his wudu'."

Malik said, "Once a man has begun doing any of the right actions such as the prayer, the fast and the hajj, or similar right actions of a voluntary nature, he should not stop until he has completed it according to what the sunna for that action is. If he says the takbir he should not stop until he has prayed two rak'ats. If he is fasting he should not break his fast until he has completed that day's fast. If he goes into ihram he should not return until he has completed his hajj, and if he begins doing tawaf he should not stop doing so until he has gone around the Ka'ba seven times. He should not stop doing any of these actions once he has started them until he has completed them, except if something happens such as illness or some other matter by which a man is excused. This is because Allah, the Blessed and Exalted, says in His Book, 'Eat and drink until you can clearly discern the white thread from the black thread of the dawn. Then complete the fast until the night appears' (2:187), and so he must complete his fast as Allah has said. Allah, the Exalted, (also) says, 'Perform the hajj and 'umra for Allah,' (2:196) and so if a man were to go into ihram for a voluntary hajj having performed his one obligatory hajj (on a previous occasion), he could not then stop doing his hajj having once begun it and come out of ihram while in the middle of his hajj. Anyone that begins a voluntary act must complete it once he has begun doing it, just as an obligatory act must be completed. This is the best of what I have heard."

18.19 The Fidya (Compensation) for Breaking the Fast in Ramadan for a Reason

51 Yahya related to me from Malik that he had heard that Anas ibn Malik used to pay fidya when he had grown old and was no longer able to fast.

Malik said, "I do not consider that to do so is obligatory, but what I like most is that a man does the fast when he is strong enough. Whoever pays compensation gives one mudd of food in place of every day, using the mudd of the Prophet, may Allah bless him and grant him peace."

52 Yahya related to me from Malik that he had heard that 'Abdullah ibn 'Umar was asked about what a pregnant woman should do if the fast became difficult for her and she feared for her child, and he said, "She should break the fast and feed a poor man one mudd of wheat in place of every day missed, using the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "The people of knowledge consider that she has to make up for each day of the fast that she misses as Allah, the Exalted and Glorified, says, 'But any of you who are ill or on a journey should fast a number of other days,' (2:185) and they consider this pregnancy as a sickness, in addition to her fear for her child."

53 Yahya related to me from Malik from 'Abd ar-Rahman ibn al-Qasim that his father used to say, "If someone has to make up for days not fasted in Ramadan and does not do them before the next Ramadan comes although he is strong enough to do so, he should feed a poor man with a mudd of wheat for every day that he has missed, and he has to fast the days he owes as well."

Yahya related to me from Malik that he had heard the same thing from Sa'id ibn Jubayr.

18.20 Making up Days of Ramadan in General

54 Yahya related to me from Malik from Yahya ibn Sa'id from Abu Salama ibn 'Abd ar-Rahman that he heard 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, say, "I used to have to make up days from Ramadan and not be able to do them until Sha'ban came."

[cf Bukhari 1849]

18.21 Fasting the "Day of Doubt"

55 Yahya related to me from Malik that he had heard the people of knowledge telling people not to fast on the day in Sha'ban when there was doubt (about whether it was Sha'ban or Ramadan), if they intended by it the fast of Ramadan. They considered that whoever fasted on that day without having seen (the new moon) had to make up that day if it later became clear that it really was part of Ramadan. They did not see any harm in voluntary fasting on that day.

Malik said, "This is what we do, and what I have seen the people of knowledge in our city doing."

18.22 The Fast in General

56 Yahya related to me from Malik from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah, from Abu Salama ibn 'Abd ar-Rahman that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, used to fast for so long that we thought he would never stop fasting, and he would go without fasting for so long that we thought he would never fast again. I never saw the Messenger of Allah, may Allah bless him and grant him peace, fast for a complete month except for Ramadan, and I never saw him fast more in any one month than he did in Sha'ban."

[cf Bukhari 1868]

57 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Fasting is a protection for you, so when you are fasting, do not behave obscenely or foolishly, and if anyone argues with you or abuses you, say, 'I am fasting, I am fasting.' "

[cf Bukhari 1795]

58 Yahya related to me from Malik from Abu'z-Zinad from al-A'raj from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "By the One in Whose hand my self is, the smell of the breath of a man fasting is better with Allah than the scent of musk. Allah says, 'He leaves his desires and his food and drink for My sake. Fasting is for Me and I reward it. Every good action is rewarded by ten times its kind, up to seven hundred times, except fasting, which is for Me, and I reward it.' "

[cf Bukhari 1795]

59 Yahya related to me from Malik from his paternal uncle Abu Suhayl ibn Malik from his father that Abu Hurayra said, "When Ramadan comes the gates of the Garden are opened and the gates of the Fire are locked, and the shaytans are chained."

[cf Bukhari 1800]

60 Yahya related to me from Malik that he had heard that the people of knowledge did not disapprove of fasting people using tooth-sticks at any hour of the day in Ramadan, whether at the beginning or the end, nor had he heard any of the people of knowledge disapproving of or forbidding the practice.

Yahya said that he heard Malik say, about fasting for six days after breaking the fast at the end of Ramadan, that he had never seen any of the people of knowledge and fiqh fasting them. He said, "I have not heard that any of our predecessors used to do that, and the people of knowledge disapprove of it and they are afraid that it might become an innovation and that common and ignorant people might join to Ramadan what does not belong to it, if they were to think that the people of knowledge had given permission for that to be done and were seen doing it.

Yahya said that he heard Malik say, "I have never heard any of the people of knowledge and fiqh and those whom people take as an example forbidding fasting on the day of Jumu'a. Fasting on it is good, and I have seen one of the people of knowledge fasting it, and it seemed to me that he was keen to do so."

19 I'tikaf in Ramadan

19.1 Concerning I'tikaf (Retreat)

1 Yahya related to me from Malik from d to me from Malik from Ibn Shihab from 'Urwa ibn az-Zubayr from 'Amra bint 'Abd ar-Rahman that 'A'isha, the wife of the Prophet, may Allah bless him and grant him peace, said, "When the Messenger of Allah, may Allah bless him and grant him peace, did i'tikaf he would bring his head near to me and I would comb it. He would only go into the house to relieve himself."

[cf Bukhari 1925]

2 Yahya related to me from Malik from Ibn Shihab from 'Amra bint 'Abd ar-Rahman that when 'A'isha was doing i'tikaf she would only ask after sick people if she was walking and not if she was standing still.

Malik said, "A person doing i'tikaf should not carry out his worldly obligations of his, nor leave the mosque for them, nor should he help anyone. He should only leave the mosque to relieve himself. If he were able to go out to do things for people, then visiting the sick, praying over the dead and following funeral processions would be the things with tor people, tvisiting the sick, praying over the dead and following funeral processions would be the things with the most claim on his coming out."

Malik said, "A person doing i'tikaf is not doing i'tikaf until he avoids what someone doing i'tikaf should avoid, namely, visiting the sick, praying over the dead, and going into houses, except to relieve himself."

3 Yahya related to me from Malik that he had asked Ibn Shihab whether someone doing i'tikaf could go into a house to relieve himself, and he said, "Yes, there is no harm in that."

Malik said, "The situation that we are all agreed upon here (in Madina) is that there is no disapproval of anyone doing i'tikaf in a mosque where Jumu'a is held. The only reason I see for disapproving of doing i'tikaf in a mosque where Jumu'a is not held is that the man doing i'tikaf would have to leave the mosque where he was doing i'tikaf in order to go to Jumu'a, or else not go there at all. If, however, he is doing i'tikaf in a mosque where Jumu'a is not held, and he does not have to go to Jumu'a in any other mosque, then I see no harm in him doing i'tikaf there, because Allah, the Blessed and Exalted, says, 'While you are doing i'tikaf in mosques,' (2:187) and refers to all mosques in general, without specifying any particular kind."

Malik continued, "Accordingly, it is permissible for a man to do i'tikaf in a mosque where Jumu'a is not held if he does not have to leave it to go to a mosque where Jumu'a is held."

Malik said, "A person doing i'tikaf should not spend the night anywhere except in the mosque where he is doing i'tikaf, except if his tent is in one of the courtyards of the mosque. I have never heard that someone doing i'tikaf can put up a shelter anywhere except in the mosque itself or in one of the courtyards of the mosque.

Part of what shows that the person doing i'tikaf must spend the night in the mosque is 'A'isha saying that when the Messenger of Allah, may Allah bless him and grant him peace, was doing i'tikaf, he would only go into the house to relieve himself. Nor should he do i'tikaf on the roof of the mosque or in the minaret."

Malik said, "The person who is going to do i'tikaf should enter the place where he wishes to do i'tikaf before the sun sets on the night when he wishes to begin his i'tikaf, so that he is ready to begin the i'tikaf at the beginning of the night when he is going to start his i'tikaf. A person doing i'tikaf should be occupied with his i'tikaf, and not turn his attention to other things which might occupy him, such as trading or whatever. There is no harm, however, if someone doing i'tikaf tells someone to do something for him regarding his estate, or the affairs of his family, or tells someone to sell some property of his, or something else that does not occupy him directly. There is no harm in him arranging for someone else to do that for him if it is a simple matter."

Malik said, "I have never heard any of the people of knowledge mentioning any modification as far as how to do i'tikaf is concerned. I'tikaf is an act of 'ibada like the prayer, fasting, the Hajj, and suchlike acts, whether they are obligatory or voluntary. Anyone who begins doing any of these acts should do them according to what has come down in the sunna. He should not start doing anything in them that the Muslims have not done, whether it is a modification that he imposes on others, or one that he begins doing himself. The Messenger of Allah, may Allah bless him and grant him peace, practised i'tikaf, and the Muslims know what the sunna of i'tikaf is."

Malik said, "I'tikaf and jiwar are the same, and i'tikaf is the same for the village-dweller as it is for the nomad."

19.2 Essentials of I'tikaf

4 Yahya related to me from Malik that he had heard that al-Qasim ibn Muhammad and Nafi', the mawla of 'Abdullah ibn 'Umar said, "You cannot do i'tikaf unless you are fasting, because of what Allah, the Blessed and Exalted, says in His Book, 'And eat and drink until the white thread becomes clear to you from the black thread of dawn, then complete the fast until night-time, but do not have intercourse with them while you are doing i'tikaf in mosques.' (2:187). Allah only mentions i'tikaf together with fasting."

Malik said, "That is the practice with us in Madina. I'tikaf must be done while fasting."

19.3 Leaving I'tikaf for the 'Id

5 Yahya related to me that Ziyad ibn 'Abd ar-Rahman said, "Malik related to us from Sumayy, the mawla of Abu Bakr ibn 'Abd ar-Rahman, that Abu Bakr ibn 'Abd ar-Rahman was once doing i'tikaf and he would go out to relieve himself in a closed room under a roofed passage in Khalid ibn Walid's house. Otherwise he did not leave his place of i'tikaf until he went to pray the 'Id with the Muslims."

6 Yahya related to me from Ziyad from Malik that he saw some of the people of knowledge who, when they did i'tikaf in the last ten days of Ramadan, would not go back to their families until they had attended the 'Id al-Fitr with everybody.

Ziyad said that Malik said, "I heard this from the people of excellence who have passed away, and it is what I like most out of what I have heard about the matter."

19.4 Making Up for the I'tikaf (Not Done)

7 Ziyad related to me from Malik from Ibn Shihab from 'Amra bint 'Abd ar-Rahman from 'A'isha that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do i'tikaf, and when he went off to the place where he wanted to do i'tikaf he found some tents there, which were 'A'isha's tent, Hafsa's tent, and Zaynab's tent. When he saw them he asked about them and someone told him that they were the tents of 'A'isha, Hafsa and Zaynab. The Messenger of Allah, may Allah bless him and grant him peace, said, "Do you say they intended piety by them?" Then he left, and did not do i'tikaf until Shawwal, when he then did it for ten days.

[cf. Bukhari 1929]

Malik was asked whether someone who went into a mosque to to i'tikaf for the last ten days of Ramadan and stayed there for a day or two but then became ill and left the mosque, had to do i'tikaf for the number of days that were left from the ten, or not, and if he did have to do so, then what month should he do it in, and he replied, "He should make up whatever he has to do of the i'tikaf when he recovers, whether in Ramadan or otherwise. I have heard that the Messenger of Allah, may Allah bless him and grant him peace, once wanted to do i'tikaf in Ramadan, but then came back without having done so, and then when Ramadan had gone, he did i'tikaf for ten days in Shawwal.

"Someone who does i'tikaf voluntarily in Ramadan and someone who has to do i'tikaf are in the same position regarding what is halal for them and what is haram. I have not heard that the Messenger of Allah, may Allah bless him and grant him peace, ever did i'tikaf other than voluntarily."

Malik said that if a woman went into i'tikaf and then menstruated during her i'tikaf, she should return to her house and when she was pure again then she should to the mosque at whatever time it was that she became pure. She then should continue her i'tikaf from where she left off. This was the same as a woman who had to fast two consecutive months, and who menstruated and then became pure. She too continues the fast from where she had left off and does not delay doing so.

8 Ziyad related to me from Malik from Ibn Shihab that the Messenger of Allah, may Allah bless him and grant him peace, used to go to relieve himself in houses.

Malik said, "Someone doing i'tikaf should not leave for his parents' funeral or for anything else."

19.5 Marriage in I'tikaf

Malik said, "There is no harm in someone who is in i'tikaf entering into a marriage contract as long as there is no physical relationship. A woman in i'tikaf may also be betrothed as long as there is no physical relationship. What is haram for someone in i'tikaf in relation to his womenfolk during the day is haram for him during the night."

Yahya said that Ziyad said that Malik said, "It is not halal for a man to have intercourse with his wife while he is in i'tikaf, nor for him to take pleasure in her by kissing her, or whatever. However, I have not heard anyone disapproving of a man or woman in i'tikaf getting married as long as there is no physical relationship. Marriage is not disapproved of for someone fasting. There is, however, a distinction between the marriage of someone in i'tikaf and that of someone who is muhrim, in that someone who is in ihram can eat, drink, visit the sick and attend funerals, but cannot put on perfume, whilst a man or woman in i'tikaf can put on oil and perfume and groom their hair, but cannot attend funerals or pray over the dead or visit the sick. Thus their situations with regard to marriage are different. This is the sunna as it has come down to us regarding marriage for those who are in ihram, doing i'tikaf, or fasting."

19.6 Laylat al-Qadr (The Night of Power)

9 Yahya related to me from Malik from Yazid ibn 'Abdullah ibn al-Hadi from Muhammad ibn Ibrahim al-Harith at-Taymi from Abu Salama ibn 'Abd ar-Rahman that Abu Sa'id al-Khudri said, "The Messenger of Allah, may Allah bless him and grant him peace, used to do i'tikaf in the middle ten days of Ramadan. One year he was doing i'tikaf and then, when it came to the night of the twenty-first, which was the night before the morning when he would normally have finished his i'tikaf, he said, 'Those who have done i'tikaf with me should continue doing i'tikaf for the last ten days. I was shown this night in a dream and then I was made to forget it. I saw myself prostating the following morning in water and mud. Look for it during the last ten days, and look for it on the odd nights.' "

Abu Sa'id continued, "The sky poured with rain that night and the mosque, which had a roof (made of palm-fronds), was soaked. With my own eyes I saw the Messenger of Allah, may Allah bless him and grant him peace, leave with traces of water and mud on his forehead and nose, in the morning after the night of the twenty-first."

[cf Bukhari 1923]

10 Ziyad related to me from Malik from Hisham ibn 'Urwa from his father that the Messenger of Allah, may Allah bless him and grant him peace, said, "Search for Laylat al-Qadr in the last ten days of Ramadan."

[cf Bukhari 1916]

11 Ziyad related to me from Malik from 'Abdullah ibn Dinar from 'Abdullah ibn 'Umar that the Messenger of Allah, may Allah bless him and grant him peace, said, "Search for Laylat al-Qadr in the last seven days."

[In Muslim]

12 Ziyad related to me from Malik from Abu'n-Nadr, the mawla of 'Umar ibn 'Ubaydullah, that 'Abdullah ibn Unays al-Juhani said to the Messenger of Allah, may Allah bless him and grant him peace, "Messenger of Allah, I am a man whose house is a long way off. Tell me one night so that I can stop my journey for it." The Messenger of Allah, may Allah bless him and grant him peace, said, "Stop on the twenty-third night of Ramadan."

13 Ziyad related to me from Malik from Humayd at-Tawil that Anas ibn Malik said, "The Messenger of Allah, may Allah bless him and grant him peace, came out to us in Ramadan and said, 'I was shown a certain night in Ramadan and then two men quarrelled and it was taken away. Look for it on the twenty-seventh, twenty-ninth and twenty-fifth.'"

[cf Bukhari 1919]

14 Ziyad related to me from Malik from Nafi' from Ibn 'Umar that some of the Companions of the Messenger of Allah, may Allah bless him and grant him peace, were shown in a dream that the Laylat al-Qadr is during the last seven days. The Messenger of Allah, may Allah bless him and grant him peace, said, "I think that your dreams agree about the last seven. Those who want to look for it, should look for it in the last seven."

[cf Bukhari 1911]

15 Ziyad related to me from Malik that he had heard a man he trusted of the people of knowledge say, "The Messenger of Allah, may Allah bless him and grant him peace, was shown the life-spans of the people (who had gone) before him, or what Allah willed of that, and it was as if the lives of the people of his community had become too short for them to be able to do as many good actions as others before them had been able to do with their long lives, so Allah gave him Laylat al-Qadr, which is better than a thousand months."

16 Ziyad related to me from Malik that he had heard that Sa'id ibn al-Musayyab used to say,"Whoever is present at 'Isha on Laylat al-Qadr has taken his portion from it."