Wednesday, July 06, 2005

Thats What You Get...

"Down, down Pakistan," the crowd shouted;

before they were dispersed by police firing tear gas and water cannon...

Sunday, July 03, 2005

People Are Like Metals: The Best of Them in Jahiliyyah Are The Best of Them in Islam

The other day, me and a Mauritanian went to the corner store. He wanted to drink milk (that's what they always want to drink), and out of his Bedouin generosity, even bought me a juice (cause they know me as the one freak who can't drink milk). When he was paying, he noticed that one of the workers at the store made a quip at the other, which resulted in a small, sarcastic and funny exchange between them. He later commented that the slaves in his country also joked with each other like that often.

What struck me as much as what he said, was the way he said it, as if to imply that these poor Bengali workers were the slaves of this country. I quickly reminded him that they were free men, and asked him why he would equate them with slaves. However, despite my initial objection to his statement which was out of a gut reaction against what I feared was a racist comment, upon further reflection, I found some wisdom in it, that I had previously overlooked.

It is often complained that Mauritanians are some of the most racist people in the world, as indeed I would be strained to argue against; if you doubt this, try marrying the poorest Bedouin girl you can find, and see if even money can change the mind of her forbidding father. However, with the exception of a few truly ignorant and backwards people, most Mauritanians are not as racist as the seem to be. For example, in Mauritania you might see a man treating his servant like a slave. The master will be white (really closer to a dark red) and the slave will be black. It will set up the assumption in the mind of an American that they have a racist form of slavery which is akin to what was present in America over one hundred years ago.

However, after a while I started to notice, that there were actually black people, Arabs as well as senseless, and Nigerians, to name a few, who were treated with respect, or more specifically, just as normal peers by Mauritanians. Also, if one observes, one will find that the bedouins have a similar disdain and contempt for white (again red) Mauritanians who have settled in cities, learned French, and have traded their Bedouin traditions for a globalized consumeristic modernity.

It seems that the phenomenon that looks like racism is rather more akin to a sort of class sorting of society: those of higher virtue and merit in their unspoken Bedouin chivalric code are treated with more respect than those with lesser virtue; and although it usually follows that an honorable man has honorable sons, and that an ignoble man's children often take after their father, it is not a hard and fast rule. The system is complex and a person's placement in it requires long interaction and acquaintance, and is also subject to change.

It is so complex that even Mauritanian's will often be so simplistic as to not be able to follow it, conflating color or tribe with class and respectability. However before a black man or non-Arab gets too offended by such people, it is salient to note that people of such limited understanding and simplistic intellects are themselves usually the backbenchers of society, so their opinions are so insignificant that they are hardly worth mentioning, as are indeed the racist opinions of narrow-minded and petty people in all society. Lets face it, the common man wherever he be on this earth, is not the brightest or most enlightened one of the bunch. Rather than taking offence and getting upset by arguing with such people, it is better just to make du'ah for them and encourage them whenever you see the signs of human goodness in them; which indeed are as ubiquitous among normal people as is low intelligence.

So what is the importance of this in modern society? Why did I bring it up?

Well, I just wanted to make an interesting observation; despite that everyone now has their freedom from servitude, in fact, this particular Mauritanian's observation may not have been far from the mark. Its extrinsic seemingly racist character is easily drilled through to tap into its intrinsic observation that people really are of different qualities. The analogy to slavery only came easily to this individual because he happened to come from a society in which slavery (both de facto and in the remote desert, de jurie) still exists, whereas our bludgeoningly egalitarian societies often dupe people into overlooking the fact that certain characteristics ennoble some people over others.

This ties well into my previous thoughts regarding what I refer to as 'keeping it real,' or the ability of a person to act within the confines of a dignity that exhibits an internally satisfactory state, as opposed to one which displays an internal shallowness and insecurity.

I can logically extend that to apply it to many people in today's society, who, by materialistic standards may be 'ahead of the game,' but are in character no more than neo-slaves.

Shaykh Hamza once quoted some verses in Arabic; in translation they roughly are:

If you should hear of metal speak
And long long roads do become short
and the slave's fame shall people seek
then wait not long for the Mighty's court
I admit that it is a liberal translation and the verse is probably off, however, the import of in this verse is not those in bonded servitude, rather those whose respectability and low morals make them resemble the dregs of society. And isn't that who we have as our paradigms? As Americans, our president is a school flunky (he inherited it from an adulterer, who inherited it from a former chief of the CIA, who inherited it from an actor (although the inherent disgrace in being a flunky and a fornicator is apparent, at least to some, one may not be aware that in times gone past, being a spy was a dishonored position due to its excessive use of lying, treachery and invading the privacy of others, and being an actor was also an abased trade, because involved a trade which was altogether trivial... trite entertainment), and our celebrities are child-molesters, perverts, and drug addicts. The leaders of our business communities are usurers, perjurers, extortionists, liars, cheaters, and people who defraud one another, and the unadulterated and religious pursuit of money has been exalted.
That is just a picture of what today's 'slaves' are like in the USA.
Think of how sad the case is of those poor schlocks in the Muslim world who have abandoned the path of the Messenger of Allah, may the peace and blessings of Allah be upon him, and the path of his companions, and the saints, scholars, martyrs and righteous people of this Ummah.
A noble person, when he acquires wealth it is from a lawful and honorable source.
When he acquires wealth, he spends it in good ways and is restrained, neither wasting money nor showing it off excessively. A noble person is always sufficed by what Allah has given him.
A slave acquires money any way he can, due to his indigence for it.
When he spends it, it is in lavishness beyond his means, spent buying things he does not need, to impress people he does not like, and in the end it is never enough for him.
May Allah make us all from the ranks who he ennobles, and keep us on His straight path.
May Allah have mercy on the Ummah of our Liegelord Muhammad.
May the peace peace and blessings of Allah be upon him, his folk, his companions, and all of those who follow in his path.

Saturday, July 02, 2005

Islam in American History: The Biography of a Wrongfully Enslaved Muslim

Taken from http://www.sankore.org/public_html/index2.html


The Autobiography of Umar ibn Sa`id ‘t-Turuudi:As Anthropological Evidence of the Rights for Self-Determination for Enslaved African Muslimstranslated byAbu Alfa MUHAMMAD SHAREEF bin Faridat the request of the present possessor of the manuscript Yushu`a Rabah

Umar ibn Sa`id ‘t-Turuudi
Following is a translation of the famous letter or autobiography of the enslaved Muslim Umar ibn Said. [1]
In the name of Allah the Beneficent the Merciful, may Allah bless our master Muhammad.
Blessed is He in Whose hands is the kingdom, and He has power over all things. [1] Who created death and life is order to try you - which of you is best in deeds. And He is the Mighty the Forgiving. Who created seven heavens one above another. You do not see any inconsistency[52] in the creation of the Rahmaan. Return the sight, do you see any rupture. Then return the sight again and again, your sight will return back to you afraid[53] (rejected) and it is assembled (exhausted). And definitely We have beautified the lower heavens with lamps and made them missiles against the devils. And We have given[54] (prepared for) them the punishment of roasting. And for those who disbelieve in their Lord the punishment of Hell and an ill-fated destiny. When they will be folded[55] (thrown) therein, they will hear the grumbling of it[56] as it boils.[57] Almost bursting from the fury. Each time a group is thrown therein, its custodian[58] says to them, ‘Did not a warner come to you?’. They will say: ‘Of course! A warner came to us and we rejected him (and)[59] said: ‘Allah has not revealed anything. You are merely in enormous error’.’ They will say: ‘If we had only listened or used our reason we would not be among the punishment (companions) of the burning fire.[60] Then they will acknowledge their sins, but remote will be the companions of the burning fire.[61] Verily those who fear[62] their Lord in the unseen[63], for them will be forgiveness and a tremendous rebuke (reward).[64] And conceal your words or say them out loud[65], truly He knows the contents of the breast. Does He who creates not know?! He is the Subtle[66] the Aware. He it is who made (the earth)[67] smooth for you, so go through[68] its spacious sides therein and consume from His sustenance. To Him is the final return.[69] Are you so safe from He in the heaven that He should not make the earth swallow you up? Suddenly it is[70] in confusion. Are you so safe from He in[71] the heaven that He should not send down upon you stones. Then you will know how was My warning. Those before them denied, then how was My disapproval. Have they not seen the birds above them expanding and advancing (contracting)[72]. Nothing upholds them except the Rahman. Truly He sees everything. (Who is it that will be supports for you who will assist you except the Rahman. Truly the disbelievers are only in deception).[73] Who is it that[74] will provide for you if He were to withhold your sustenance. Rather! They continue[75] in their ridicule and distaste. Is he who goes prone upon his face better guided or he who[76] walks upright upon a straight path? Say: He is the One who originated you[77] and made for you hearing, sight and perception. Little thanks do you give. Say: He it is who scattered you (multiplied you)[78] in the earth and to Him you will be gathered. And they say: When will this[79] threat come, if you are truthful? Say: The[80] knowledge of this is only with Allah and[81] I am only a plain warner. But when they will see it approaching, the faces of those who disbelieve will be in sorrow[82]. It will be said: This is what you used to call for. (Say: do you see if your water were to dwindle, who is it then that will)[83] Say: Have you considered if Allah were to destroy me and those with me, or if He were to show us mercy - yet who will back up (protect)[84] the disbelievers from a severe punishment? (Say: He is the Rahman. We believe in Him and upon Him do we rely. You will soon know who is truly in clear error.)[85]. Say: do you see if your water were to dwindle, who are it then that will bring you flowing water?[86]
O shaykh Hunter, I am unable to write (about) my life. I have forgotten most of my language as well as the language of Arabic. [1] O my brothers, do not blame me.[87] All praises are due to Allah with much praises. He provides from blessings to those who increase in good.[88]
In the name of Allah, the Beneficent the Merciful. All praises are due to Allah the Possessor of good, generosity, bounty, adoration and munificence from before endless time. All praises are due to Allah who created creation for His worship, even the provision of their actions and words.
It is from Umar to shaykh Hunter. You asked me to write down my life. Truly I am unable to write (about) my life. For I have forgotten much of my language as well as the language of Arabic. I have studied only a little grammar as well as a little linguistics. Therefore O brothers, I ask you by Allah, do not blame me. My eyes are weak as well as my body.
My name is Umar ibn Said. [1] The place of my birth was Futa Toro[89] (which lay) between the two rivers[90]. I sought knowledge in Bundu[91] and Futa[92] with my shaykh, whose name was Muhammad Said, my brother, shaykh Sulayman Kabah[93], and shaykh Jibril Abdaal. I was entrenched in seeking knowledge for twenty-five years.[94] I came back to my region and after six years a large army came to our land.[95] They killed many people and seized me bringing me to the great ocean.[96] There they sold me and I was sold into the hands of the Christians. They brought me in the enormous ship on the great ocean.[97] We sailed on the great ocean for a month and a half. We came to a place named Charleston in the language of the Christians.[98] There I was sold and bought by a diminutive, weak and wicked man, named Johnson, a serious disbeliever who had no fear of Allah.
I am a small man and unable to do strenuous work, so I fled from the hands of Johnson. Until (when) the month (arrived) I came to a place called Fayadil. [1] There I saw houses.[99] During the month I entered into one of the houses in order to make the salaat. A young boy riding a horse saw me and he went to his father’s place and informed him, saying: ‘I saw a Black man in the house’. A man by the name of Hunda[100] and another man riding a horse came with many hounds. They seized me and brought me with them for twelve miles to a place called Fayadil. They placed me in a large building which they called jail, in the language of the Christians. They kept me there for sixteen days and nights.[101] On Friday they opened the cells of the huge building and brought me to a place where I saw many men, all whom were Christians. Some of them called out to me, ‘What is your name? Is it Umar or Sa`id?” I did not understand their Christian language. I saw a man called Bob Mumford who spoke to me and led me out of the jail.[102] I was extremely pleased to go with them to their place. I was situated in the place of Mumford for four nights and days. And then a man named Jim Owen, son-n-law of Mumford, having married his daughter Bansah (Betsey?) Mumford.[103] He asked me if I was willing to go to a place called Balden. I said, “Yes.” I was pleased to go with them. I have been situated in the place of Jim Owen until now.
Before I came into the hand of General Owen a man by the name of Mitchell came to buy me. He asked me if I were willing to go to the place of Charleston. I said, ‘No, no, no, no, no, no, no, I am not going to the place of Charleston. I will stay in the hand of Jim Owen.”[1]
O people of North Carolina, O people of South Carolina, O people of America all of you: have you among you two good men named Jim Owen with John Owen? [1] These two men are good men. What food they ate, I ate. In what they clothe themselves, they clothe me.[104] Jim along with (my brothers?)[105] recite to me the Injeel of Allah , our Lord, Creator, King; who regulates all our circumstances, our health and wealth, and who bestows His bounties willingly, without constraint according to His power. Open my heart to the way of guidance, to the way of Yusu`a the Messiah, to the tremendous light.[106]
Before I came to the lands of the Christians, my religion was the religion of Muhammad, the Messenger of Allah may Allah bless him and grant him peace. I used to walk to the mosque before the appearance of dawn. I used to wash my face, (wipe) my head and (wash) my hands and feet. I prayed at the time of dhuhr. I prayed the time of asr. I prayed the time of maghrib. I prayed the time of `isha. [1] I gave the zakat every year: gold; silver; seeds; cattle; sheep; goats; rice; wheat and barley. I gave the zakat on all that. I went to the jihad every year against the disbelievers. I went to Mecca and Medina, as all did who were able. My father had six sons and five daughters. Three of these sons and one of the daughters were from my mother. When I left my country I was thirty-seven years old. I have stayed in the country of the Christians for twenty-four years[107].
In the year 1831 of Yusu`a the Messiah.[1]
O people of North Carolina, O people of South Carolina, O all you people of America. The first son of Jim Owen is called Thomas, and his sister is called Masa Jayne (Martha Jane?). [1] These are people are very good people. Tom Owen and Neil Owen have two sons and one daughter. The name of the first son is Jim and the second is John. The daughters’ name is Mulcy (Mercy?).[108] Mister Jim Owen (and his wife)[109] had two sons and five daughters. The first was Tom, then John, Maasa (Martha?),[110] Miriam, Sophia, Maakit (Margaret)[111] and Eliza. These people are very good people.
The wife of John Owen is called Lucy. She is an upright wife. She had three and two children. Three of them died and two are still living.
O you Americans, you people of North Carolina - Are there among you!? Are there among you!? Are there among you!? Are there among you!? - good people who fear Allah much?![1]
Verily I, Umar, love to read the book of the Mighty Qur’an.
General Jim Owen and his wife used to read the Injeel. They read it to me very much. Allah , our Lord, Creator, King; who regulates all our circumstances, our health and wealth, and who bestows His bounties willingly, without constraint according to His power. Open my heart to the way of guidance. All praises are due to Allah the Lord of the worlds, with abundant praises. He is plenteous in blessings and abundant in goodness.[1]
For reason that the law by Musa one must act. Further, the blessing and the truth were by Yusu`a the Messiah.
The first (foremost?) is Muhammad: [1] that he prayed saying “All praises are due to Allah the Lord of the worlds. The Beneficent the Merciful. King of the Day of Judgment. It is You that we worship and You alone that we seek for assistance. Guide us to the straight path. The path of those upon whom You have blessed. Not among those who have earned anger nor who have gone astray. Amen.”[1]
And now the words of our lord[1] Yusu`a the Messiah[112]:
“Our father who are in heaven Holy be Your name. Your kingdom come. You will be done, on earth as it is in heaven. Give us our daily bread. Forgive us as we have forgiven those who have done us harm. Do not enter us into temptations. But redeem us from evils. To You belong the Kingdom and the power, the majesty forever. Amen.”[1]
Truly my residing in my country was by reason of great detriment. [1] The disbelievers seized me unjustly and sold me to the Christians, who purchased me. We sailed a month and a half on the great ocean to the place called Charleston in the language of the Christians. I fell into the hands of a small, weak and wicked man, who did not fear Allah at all. He could neither read nor did he pray. I was afraid to remain with a sinful man who had so many sins. Thus, I fled for a month, when Allah, our Lord, lead me into the hands of a good man, who feared Allah and who loved to do good. His name was General Jim Owen along with his brother whose name was Colonel John Owen. These were two good men. I am presently residing in Bladen County.[113]
I am established in the hands of Jim Owen. He does not beat nor scold. I neither go hungry nor naked, and I have no hard work to do. I am not able to do hard work for I am a small man and feeble. During the last twenty years I have not seen any harm at the hands of Jim Owen.

Wednesday, October 13, 2004

Fasting in the Madhab of Imam Malik as Related by The Righteous Guardian of Allahs Commands and Prohibitions Imam Ibn Abi Zayd al-Qayrawani

بَابٌ فِي الصِّيَام

The Chapter of Fasting

وَصَوْمُ شَهْرِ رَمَضَانَ فَرِيضَةٌ

The fast of the month of Ramadhan is an obligation.

يُصَامُ لِرُؤْيَةِ الْهِلَالِ وَيُفْطَرُ لِرُؤْيَتِهِ كَانَ ثَلَاثِينَ يَوْمًا أَوْ تِسْعَةً وَعِشْرِينَ يَوْمًا

Fasting is to commence with the first visible sighting of the new moon[1], and the fast is to end with the visible sighting of the next new moon, be that period thirty days or twenty-nine.

فَإِنْ غُمَّ الْهِلَالُ فَيُعَدُّ ثَلَاثِينَ يَوْمًا مِنْ غُرَّةِ الشَّهْرِ الَّذِي قَبْلَهُ ثُمَّ يُصَامُ وَكَذَلِكَ فِي الْفِطْرِ

If the sighting of the new moon is obscured by low visibility, let the previous month last for thirty days, then fast the next day. Reckon the month of opening the fast be reckoned likewise.

وَيُبَيِّتُ الصِّيَامَ فِي أَوَّلِهِ وَلَيْسَ عَلَيْهِ الْبَيَاتُ فِي بَقِيَّتِهِ , وَيُتِمُّ الصِّيَامَ إلَى اللَّيْلِ

Let the one fasting make the intention to fast in the night before its commencement. It is not necessary to make the intention again thereafter.[2] Fasting is to be completed until the entering of night.[3]

وَمِنْ السُّنَّةِ تَعْجِيلُ الْفِطْرِ وَتَأْخِيرُ السُّحُورِ وَإِنْ شَكَّ فِي الْفَجْرِ فَلَا يَأْكُلْ

It is from the Sunnah to expedite the opening of the fast at its end. It is also such to delay the pre-dawn meal until near dawn, however if there is some doubt as to the exact time of the impending dawn, one should not eat.

وَلَا يُصَامُ يَوْمُ الشَّكِّ لِيَحْتَاطَ بِهِ مِنْ رَمَضَانَ وَمَنْ صَامَهُ كَذَلِكَ لَمْ يُجْزِهِ وَإِنْ وَافَقَهُ مِنْ رَمَضَانَ وَلِمَنْ شَاءَ صَوْمَهُ تَطَوُّعًا أَنْ يَفْعَلَ

A day of doubt [as to whether or not Ramadhan has entered] is not to be fasted out of being cautious due to the possibility of its being part of Ramadhan.[4] Whoever fast it [i.e. the day of doubt], it does not count for him and even if it later becomes apparent that such a day was, in fact, one of the days of Ramadhan. However, whoever wishes to fast such a day as a general act of obedience [and not with the intention of fasting a day of Ramadhan or out of caution due to the possibility of that day being part of it], it is allowed.

وَمَنْ أَصْبَحَ فَلَمْ يَأْكُلْ وَلَمْ يَشْرَبْ ثُمَّ تَبَيَّنَ لَهُ أَنَّ ذَلِكَ الْيَوْمَ مِنْ رَمَضَانَ لَمْ يُجْزِهِ وَلْيُمْسِكْ عَنْ الْأَكْلِ فِي بَقِيَّتِهِ وَيَقْضِيهِ

If a person wakes up and has not eaten or drunk anything, then it becomes apparent to him that it is a day of Ramadhan, it [i.e. his abstention from the things that break the fast] do not suffice him [in making that a validly fulfilled fast day]. However, he must [by obligation] abstain from all thing which break the fast for the rest of the day, then make up that fast day [after Ramadhan].

وَإِذَا قَدِمَ الْمُسَافِرُ مُفْطِرًا أَوْ طَهُرَتْ الْحَائِضُ نَهَارًا فَلَهُمَا الْأَكْلُ فِي بَقِيَّةِ يَوْمِهِمَا

If a traveler should arrive at the [end] destination of his travel, or the menses of a woman should end, during the day, it is permissible for them to eat for the rest of that day.

وَمَنْ أَفْطَرَ فِي تَطَوُّعِهِ عَامِدًا أَوْ سَافَرَ فِيهِ فَأَفْطَرَ لِسَفَرِهِ فَعَلَيْهِ الْقَضَاءُ وَإِنْ أَفْطَرَ سَاهِيًا فَلَا قَضَاءَ عَلَيْهِ بِخِلَافِ الْفَرِيضَةِ

If one should intentionally break one’s supererogatory fast, or begin a journey during such a fast and then break it, then it is incumbent upon him to make such a fast up. However, if one should do something to nullify a [supererogatory] fast, he does not have to make it up, unlike the case for a obligatory fast.

وَلَا بَأْسَ بِالسِّوَاكِ لِلصَّائِمِ فِي جَمِيعِ نَهَارِهِ

There is no harm in one fasting using a tooth-stick at any time of the day.

وَلَا تُكْرَهُ لَهُ الْحِجَامَةُ إلَّا خِيفَةَ التَّغْرِيرِ

It is not offensive for one who is fasting to practice cupping [during his fast], except if it should cause him to be weak.

وَمَنْ ذَرَعَهُ الْقَيْءُ فِي رَمَضَانَ فَلَا قَضَاءَ عَلَيْهِ وَإِنْ اسْتَقَاءَ فَقَاءَ فَعَلَيْهِ الْقَضَاءُ

If one should vomit [while fasting] while in Ramadhan, he does not have to make up that fast day [and it is valid]. However, should one induce vomiting intentionally, then vomits, he must make up that fast day.

وَإِذَا خَافَتْ الْحَامِلُ عَلَى مَا فِي بَطْنِهَا أَفْطَرَتْ وَلَمْ تُطْعِمْ وَقِيلَ تُطْعِمُ وَلِلْمُرْضِعِ إنْ خَافَتْ عَلَى وَلَدِهَا وَلَمْ تَجِدْ مَنْ تَسْتَأْجِرُهُ لَهُ أَوْ لَمْ يَقْبَلْ غَيْرَهَا أَنْ تُفْطِرَ وَتُطْعِمَ Should a pregnant woman fear for that which is in her womb[...]. Should a nursing-mother fear for her suckling child, and she is not able to find anyone who she can hire to nurse her child or the child does not accept the milk of anyone but its mother, she should break her fast and eat. [and make up that fast day later].

وَيُسْتَحَبُّ لِلشَّيْخِ الْكَبِيرِ إذَا أَفْطَرَ أَنْ يُطْعِمَ وَالْإِطْعَامُ فِي هَذَا كُلِّهِ مُدٌّ عَنْ كُلِّ يَوْمٍ يَقْضِيهِ

It is recommended that a person of advanced age [or anyone of a chronic excuse and is not expected to recover from it], should that person break a fast, feed [a needy Muslim] a mudd[5] for each day he is expected to make up.

وَكَذَلِكَ يُطْعِمُ مَنْ فَرَّطَ فِي قَضَاءِ رَمَضَانَ حَتَّى دَخَلَ عَلَيْهِ رَمَضَانُ آخَرُ

Likewise one who neglected their due makeup fasts until the next Ramadhan is expected to feed [a needy Muslim one mudd for each fast day makeup neglected for such a long period].

وَلَا صِيَامَ عَلَى الصِّبْيَانِ حَتَّى يَحْتَلِمَ الْغُلَامُ وَتَحِيضَ الْجَارِيَةُ وَبِالْبُلُوغِ لَزِمَتْهُمْ أَعْمَالُ الْأَبْدَانِ فَرِيضَةً

Children are not required to fast; it is thus for a young boy until he has his first nocturnal seminal emission and for a young girl until she has her first menstrual period. It is with physical maturity that the religious duties incumbent upon the body are made obligatory.

قَالَ اللَّهُ سُبْحَانَهُ وَتَعَالَى { وَإِذَا بَلَغَ الْأَطْفَالُ مِنْكُمْ الْحُلُمَ فَلْيَسْتَأْذِنُواْ}

Allah, glory to Him, Most High, said: “When children should reach physical maturity…”

وَمَنْ أَصْبَحَ جُنُبًا وَلَمْ يَتَطَهَّرْ أَوْ امْرَأَةٌ حَائِضٌ طَهُرَتْ قَبْلَ الْفَجْرِ فَلَمْ يَغْتَسِلَا إلَّا بَعْدَ الْفَجْرِ أَجْزَأَهُمَا صَوْمُ ذَلِكَ الْيَوْمِ

If one should wake up in a state of major impurity [i.e. one which requires a ritual purificatory bath], or a woman’s menses should end in the night before the arrival of true dawn, and such a person did not take a ritual purificatory bath until after the true dawn, that day’s fast is still sufficient.

وَلَا يَجُوزُ صِيَامُ يَوْمِ الْفِطْرِ وَلَا يَوْمُ النَّحْرِ

It is unlawful to fast on the Festival of Fast-opening [Eid al-Fitr][6], or the Festival of Sacrifice [Eid al-Adhha or al-Nahr][7].

وَلَا يَصُومُ الْيَوْمَيْنِ اللَّذَيْنِ بَعْدَ يَوْمِ النَّحْرِ إلَّا الْمُتَمَتِّعُ الَّذِي لَا يَجِدُ هَدْيًا وَالْيَوْمُ الرَّابِعُ لَا يَصُومُهُ مُتَطَوِّعٌ

It is also unlawful to fast on the two days after the Festival of Sacrifice, except for the one who intends to sacrifice and is not able to carry it out; he then does not fast the fourth day [the day after the one day of Eid and the two days after that] as an act of supererogatory worship.

وَيَصُومُهُ مَنْ نَذَرَهُ أَوْ مَنْ كَانَ فِي صِيَامٍ مُتَتَابِعٍ قَبْلَ ذَلِكَ

However one who vowed to fast it, or is observing a necessarily consecutive fast from the time before it, must fast it.

وَمَنْ أَفْطَرَ فِي نَهَارِ رَمَضَانَ نَاسِيًا فَعَلَيْهِ الْقَضَاءُ فَقَطْ

Whoever should break their fast on a day of Ramadhan through forgetfulness is only required to make such a day up [as opposed to being required to make the day up as well as make a total expiation for breaking it intentionally][8].

وَكَذَلِكَ مَنْ أَفْطَرَ فِيهِ لِضَرُورَةٍ مِنْ مَرَضٍ وَمَنْ سَافَرَ سَفَرًا تُقْصَرُ فِيهِ الصَّلَاةُ فَلَهُ أَنْ يُفْطِرَ وَإِنْ لَمْ تَنَلْهُ ضَرُورَةٌ وَعَلَيْهِ الْقَضَاءُ

Likewise, one who [intentionally] breaks his fast out of necessity due to illness. Whoever should [begin a] journey in which he is expected to shorten his prayers[9] is allowed to break his fast, even if he is not forced to by necessity, and such a person must make that day up.

وَالصَّوْمُ أَحَبُّ إلَيْنَا

We prefer that such a person [upon whom the difficulty of travel does not present a need to break the fast,] fast.

وَمَنْ سَافَرَ أَقَلَّ مِنْ أَرْبَعَةِ بُرُدٍ فَظَنَّ أَنَّ الْفِطْرَ مُبَاحٌ لَهُ فَأَفْطَرَ فَلَا كَفَّارَةَ عَلَيْهِ وَعَلَيْهِ الْقَضَاءُ وَكُلُّ مَنْ أَفْطَرَ مُتَأَوِّلًا فَلَا كَفَّارَةَ عَلَيْهِ

Should a person travel less than four burud, and thinking that it is permissible to do so, breaks his fast, it is not necessary for him to perform the complete expiation; rather he must simply make up that fast day. Whoever should [mistakenly] open their fast early, such a person is not obligated to make the complete expiation [either, rather they must simply make up that fast day also].

وَإِنَّمَا الْكَفَّارَةُ عَلَى مَنْ أَفْطَرَ مُتَعَمِّدًا بِأَكْلٍ أَوْ شُرْبٍ أَوْ جِمَاعٍ مَعَ الْقَضَاءِ

Indeed, the complete expiation is not incumbent upon anyone, except one who breaks his fast intentionally through eating, drinking or sexual relations. [In addition to the expiation, in such a case,] also incumbent is a makeup of that fast day.

وَالْكَفَّارَةُ فِي ذَلِكَ إطْعَامُ سِتِّينَ مِسْكِينًا لِكُلِّ مِسْكِينٍ مُدٌّ بِمُدِّ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَذَلِكَ أَحَبُّ إلَيْنَا

The complete expiation in such a case is [either one of three options]: to feed sixty unfortunate [free[10] Muslims], which [is the option] we prefer.

وَلَهُ أَنْ يُكَفِّرَ بِعِتْقِ رَقَبَةٍ أَوْ صِيَامِ شَهْرَيْنِ مُتَتَابِعَيْنِ

Or he can also expiate by freeing a slave, or by fasting for two months, consecutively.

وَلَيْسَ عَلَى مَنْ أَفْطَرَ فِي قَضَاءِ رَمَضَانَ مُتَعَمِّدًا كَفَّارَةٌ

One who should intentionally break a makeup fast day [performed as a make up] for Ramadhan is not obliged to perform the expiation.

وَمَنْ أُغْمِيَ عَلَيْهِ لَيْلًا فَأَفَاقَ بَعْدَ طُلُوعِ الْفَجْرِ فَعَلَيْهِ قَضَاءُ الصَّوْمِ وَلَا يَقْضِي مِنْ الصَّلَوَاتِ إلَّا مَا أَفَاقَ فِي وَقْتِهِ

One who should be unconscious in the night and does not come back to his senses until after the ascent of true dawn, must make up that fast day, but he is not obliged to make up any of the prayers he missed, except the one…

وَيَنْبَغِي لِلصَّائِمِ أَنْ يَحْفَظَ لِسَانَهُ وَجَوَارِحَهُ

It is becoming of one who is fasting to guard his tongue[, heart] and limbs [from all things which displease the Creator, glory to Him, Most High],

وَيُعَظِّمَ مِنْ شَهْرِ رَمَضَانَ مَا عَظَّمَ اللَّهُ سُبْحَانَهُ وَتَعَالَى

and that he should magnify those things in Ramadhan which Allah, glory to Him, Most High, magnified.

وَلَا يَقْرَبُ الصَّائِمُ النِّسَاءَ بِوَطْءٍ وَلَا مُبَاشَرَةٍ وَلَا قُبْلَةٍ لِلَذَّةٍ فِي نَهَارِ رَمَضَانَ وَلَا يَحْرُمُ ذَلِكَ عَلَيْهِ فِي لَيْلِهِ

وَلَا بَأْسَ أَنْ يُصْبِحَ جُنُبًا مِنْ الْوَطْءِ

وَمَنْ الْتَذَّ فِي نَهَارِ رَمَضَانَ بِمُبَاشَرَةٍ أَوْ قُبْلَةٍ فَأَمْذَى لِذَلِكَ فَعَلَيْهِ الْقَضَاءُ وَإِنْ تَعَمَّدَ ذَلِكَ حَتَّى أَمْنَى فَعَلَيْهِ الْكَفَّارَةُ

وَمَنْ قَامَ رَمَضَانَ إيمَانًا وَاحْتِسَابًا غُفِرَ لَهُ مَا تَقَدَّمَ مِنْ ذَنْبِهِ وَإِنْ قُمْت فِيهِ بِمَا تَيَسَّرَ فَذَلِكَ مَرْجُوٌّ فَضْلُهُ وَتَكْفِيرُ الذُّنُوبِ بِهِ

وَالْقِيَامُ فِي مَسَاجِدِ الْجَمَاعَاتِ بِإِمَامٍ وَمَنْ شَاءَ قَامَ فِي بَيْتِهِ وَهُوَ أَحْسَنُ لِمَنْ قَوِيَتْ نِيَّتُهُ وَحْدَهُ

وَكَانَ السَّلَفُ الصَّالِحُ يَقُومُونَ فِيهِ فِي الْمَسَاجِدِ بِعِشْرِينَ رَكْعَةً ثُمَّ يُوتِرُونَ بِثَلَاثٍ

وَيَفْصِلُونَ بَيْنَ الشَّفْعِ وَالْوِتْرِ بِسَلَامٍ ثُمَّ صَلَّوْا بَعْدَ ذَلِكَ سِتًّا وَثَلَاثِينَ رَكْعَةً غَيْرَ الشَّفْعِ وَالْوِتْرِ وَكُلُّ ذَلِكَ وَاسِعٌ وَيُسَلِّمُ مِنْ كُلِّ رَكْعَتَيْنِ

وَقَالَتْ عَائِشَةُ رَضِيَ اللَّهُ عَنْهَا ) مَا زَادَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فِي رَمَضَانَ وَلَا فِي غَيْرِهِ عَنْ اثْنَتَيْ عَشْرَةَ رَكْعَةً بَعْدَهَا الْوِتْرُ(

بَابٌ فِي الِاعْتِكَافِ وَالِاعْتِكَافُ مِنْ نَوَافِلِ الْخَيْرِ وَالْعُكُوفُ الْمُلَازَمَةُ

وَلَا اعْتِكَافَ إلَّا بِصِيَامٍ وَلَا يَكُونُ إلَّا مُتَتَابِعًا وَلَا يَكُونُ إلَّا فِي الْمَسَاجِدِ كَمَا قَالَ اللَّهُ سُبْحَانَهُ وَتَعَالَى { وَأَنْتُمْ عَاكِفُونَ فِي الْمَسَاجِد}

فَإِنْ كَانَ بَلَدٌ فِيهِ الْجُمُعَةُ فَلَا يَكُونُ إلَّا فِي الْجَامِعِ إلَّا أَنْ يَنْذِرَ أَيَّامًا لَا تَأْخُذُهُ فِيهَا الْجُمُعَةُ

وَأَقَلُّ مَا هُوَ أَحَبُّ إلَيْنَا مِنْ الِاعْتِكَافِ عَشْرَةُ أَيَّامٍ

وَمَنْ نَذَرَ اعْتِكَافَ يَوْمٍ فَأَكْثَرَ لَزِمَهُ وَإِنْ نَذَرَ لَيْلَةً لَزِمَهُ يَوْمٌ وَلَيْلَةٌ

وَمَنْ أَفْطَرَ فِيهِ مُتَعَمِّدًا فَلْيَبْتَدِئْ اعْتِكَافَهُ وَكَذَلِكَ مَنْ جَامِع فِيهِ لَيْلًا أَوْ نَهَارًا نَاسِيًا أَوْ مُتَعَمِّدًا

وَإِنْ مَرِضَ خَرَجَ إلَى بَيْتِهِ فَإِذَا صَحَّ بَنَى عَلَى مَا تَقَدَّمَ

وَكَذَلِكَ إنْ حَاضَتْ الْمُعْتَكِفَةُ وَحُرْمَةُ الِاعْتِكَافِ عَلَيْهِمَا فِي الْمَرَضِ وَعَلَى الْحَائِضِ فِي الْحَيْضِ

فَإِذَا طَهُرَتْ الْحَائِضُ أَوْ أَفَاقَ الْمَرِيضُ فِي لَيْلٍ أَوْ نَهَارٍ رَجَعَا سَاعَتَئِذٍ إلَى الْمَسْجِدِ

وَلَا يَخْرُجُ الْمُعْتَكِفُ مِنْ مُعْتَكَفِهِ إلَّا لِحَاجَةِ الْإِنْسَانِ

وَلْيَدْخُلْ مُعْتَكَفَهُ قَبْلَ غُرُوبِ الشَّمْسِ مِنْ اللَّيْلَةِ الَّتِي يُرِيدُ أَنْ يَبْتَدِئَ فِيهَا اعْتِكَافَهُ

وَلَا يَعُودُ مَرِيضًا وَلَا يُصَلِّي عَلَى جِنَازَةٍ وَلَا يَخْرُجُ لِتِجَارَةٍ

وَلَا شَرْطَ فِي الِاعْتِكَافِ

وَلَا بَأْسَ أَنْ يَكُونَ إمَامَ الْمَسْجِدِ وَلَهُ أَنْ يَتَزَوَّجَ أَوْ يَعْقِدَ نِكَاحَ غَيْرِهِ

وَمَنْ اعْتَكَفَ أَوَّلَ الشَّهْرِ أَوْ وَسَطَهُ خَرَجَ مِنْ اعْتِكَافِهِ بَعْدَ غُرُوبِ الشَّمْسِ مِنْ آخِرِهِ وَإِنْ اعْتَكَفَ بِمَا يَتَّصِلُ فِيهِ اعْتِكَافُهُ بِيَوْمِ الْفِطْرِ فَلْيَبِتْ لَيْلَةَ الْفِطْرِ فِي الْمَسْجِدِ حَتَّى يَغْدُوَ مِنْهُ إلَى الْمُصَلَّى .



[1] It is important to note that although Islam is, like the erudite Hafidh Iftikhar Shafi mentioned, never in conflict with reality. That being said, it is one of fixed the rituals of Islam, that each locality not begin the fast of Ramadhan nor end it, except through the sighting of the first visible sliver of the new moon of the months of Ramadhan and Shawwal respectively. This position of Ikhtilaf al-Mutali’ is the relied upon position of the Maliki school as reported to me by the righteous Shaykh Muhammad bin Muhammad al-Amin bin ‘Abd al-Rahman bin al-Shaykh bin Fahfu, may Allah have mercy on them, and sanctify their that which their innermost souls carried in the way of righteousness. The alternative which has found much acceptance in the minds of the Muslims of Ittihad al-Matali’ or the global moon sighting fails to take into account the fact that the visibility curve of the moon from earth actually allows for the sighting to be visible on the same night from some places and not others. Of course, none of the Sahabah, may Allah be well pleased with them were privy to this technical detail, nevertheless it comes in Sahih Muslim:

“Kuraib reported that Umm Fadl, daughter of Harith, sent him (Fadl, i. e. her son) to Mu'awiya in Syria. I (Fadl) arrived in Syria, and did the needful for her. It was there in Syria that the month of Ramadan commenced. I saw the new moon (of Ramadan) on Friday. I then came back to Medina at the end of the month. Abdullah b. 'Abbas (Allah be pleased with him) asked me (about the new moon of Ramadan) and said: When did you see it? I said.: We saw it on the night of Friday. He said: (Did) you see it yourself? -I said: Yes, and the people also saw it and they observed fast and Mu'awiya also observed fast, whereupon he said: But we saw it on Saturday night. So we would continue to observe fast till we complete thirty (lasts) or we see it (the new moon of Shawwal). I said: Is the sightidg of the moon by Mu'awiya not valid for you? He said: No; this is how the Messenger of Allah (may peace be upon him) has commanded us.”

[2] It is important to note that if for some reason the continuous chain of fast days is broken for a lawful reason such as illness or travel or an unlawful reason such as intentional breaking of the fast or failure to even make the intention to fast on an obligatory fast day, that this initial intention which suffices the slave for the rest of the days of Ramadhan must be made again, and it will thenceforth be valid for him until the end of the month. It is recommended that one make intention to fast every night of Ramadhan before the dawn on the fast day intended.

[3] Sunset

[4] Neither is it lawful, nor is the fast valid as a fast if performed in such conditions.

[5] Mudd is the amount that fills up two hands cupped together. The mudd referred to here is that of the Messenger of Allah, may Allah bless him and give him peace, which Shaykh Nuh Keller estimates in his Reliance of the Traveller to be .51 liters.

[6] Shawwal 1.

[7] Dhul-Hijjah 10.

[8] This is to me, not that my opinion in the matter is worth anything, the biggest difference of opinion between the Malikis and their brothers from the Hanafi and Shafi’i madhabs: as narrated Abu Huraira: the Prophet said, "If somebody eats something forgetfully while he is fasting, then he should complete his fast, for Allah has made him eat and drink." Sahih Bukhari Volume 8, Book 78, Number 662. When I took this ruling from my beloved Shaykh Muhammad, may Allah perpetuate his barakah amongst us and give him the patience to suffer many more years of teaching me, I immediately mentioned this hadith. He calmly countered that this hadith proves that there is no sin upon the one who forgetfully should eat or drink during the fast; it says nothing about the validity of the fast nor the necessity or lack thereof of making such a fast day up.

[9] A journey of 48 miles or more.

[10] As the feeding of a slave is not a charity because it is already a duty that the slave’s master is obliged to perform.