Azami 4551

Bukhari narrated it in the Book of Fasting (1935), and Muslim (1112), both through the route of Yahya bin Saeed, that Abdul-Rahman bin Qasim informed him, from Muhammad bin Jafar bin Zubayr bin Awwam bin Khuwaylid, from Abbad bin Abdullah bin Zubayr who informed him that he heard Ayesha say (and he narrated the hadith). The wording given is that of Muslim. In one of his versions, the Messenger of Allah ﷺ said, "Give this in charity." The man said, "O Messenger of Allah, on someone poorer than us? By Allah, we are hungry, we have nothing." He said, "Then eat it." This is how the two sahih collections narrated it, in brief form.Abu Dawud (2394) narrated it through the route of Amr bin Harith, that Abdul-Rahman bin Qasim told him, that Muhammad bin Jafar bin Zubayr told him, that Abbad bin Abdullah bin Zubayr told him, that he heard Ayesha, wife of the Prophet ﷺ, say, a man came to the Prophet ﷺ in the masjid during Ramadan and said, "O Messenger of Allah, I am burned up." The Prophet ﷺ asked him what was wrong. He said, "I had relations with my wife." He said, "Give charity." The man said, "By Allah, I have nothing, and I am not able to give anything." He said, "Sit down," so he sat. While he was sitting there, a man came leading a donkey carrying food. The Messenger of Allah ﷺ said, "Where is the one who was burned up a moment ago?" The man stood up, and the Messenger of Allah ﷺ said, "Give this in charity." He said, "On someone poorer than us? By Allah, we are hungry, we have nothing." He said, "Eat it."Muhammad bin Ishaq followed him partially in this narration, saying, Muhammad bin Jafar bin Zubayr narrated to me with his chain, and in it, the Prophet ﷺ was sitting in the shade of Fari, the fortress of Hassan. Imam Ahmad narrated it (26359) from Yaqub, who said, my father narrated to us, from Ibn Ishaq. His statement, "while he was sitting in the shade of Fari, the fortress of Hassan" is shadh (anomalous), for the sahih account is that he was in the masjid. Fari, of anything, means the elevated, high part.On this subject there is also what has been reported from Jabir bin Abdullah, from the Prophet ﷺ, who said, "Whoever breaks his fast on a day of Ramadan while not travelling must offer a sacrificial camel, and if he cannot find one, he must feed thirty saa of dates to the poor." Daraqutni narrated it (2309) and said, in it are Harith bin Ubayda and Muqatil bin Sulayman, both of whom are daif.Likewise, what has been reported from Anas bin Malik as a raised hadith is not sahih, "Whoever breaks his fast on a day of Ramadan without a valid excuse or permission must fast thirty days, and whoever breaks fast for two days must fast sixty days, and whoever breaks fast for three days must fast ninety days." Daraqutni narrated it (2310) through the route of Muqatil bin Hayan, from Amr bin Mura, from Abdul-Warith Ansari, who said, I heard Anas bin Malik, and he narrated it. Daraqutni said, "This chain is not established, and it is not sahih from Amr bin Mura."It has also been reported from Anas as a raised hadith, "Whoever breaks his fast on a day of Ramadan without an excuse must fast a month." Daraqutni narrated it (2311) from the hadith of Mindal bin Ali, from Abu Hashim, from Abdul-Warith, from Anas, and he narrated it. Daraqutni said, "Mindal is daif."On this subject there is also what has been reported from Ibn Umar, who said, a man came to the Prophet ﷺ and said, "I broke my fast on a day of Ramadan." He said, "Without excuse or travel?" He said, "Yes." He said, "What you did is terrible." He said, "So what do you command me to do?" He said, "Free a slave." Then he narrated the rest of the hadith, and there is no mention in it of intercourse. Abu Yaala narrated it (5725), and Tabarani in Kabir and Awsat. Haythami said in Majma (3/167-168), "Its narrators are trustworthy." I say, but it contains Habib bin Abu Thabit from Ibn Umar, and Habib frequently narrated with tadlis and by omitting links in the chain, and he did not meet Ibn Umar bin Khattab. Ali bin Madini said, "Habib bin Abu Thabit met Ibn Abbas, and heard from Ayesha, but did not hear from any other companion besides these two."The jurisprudence of the hadith. The apparent meaning of the hadith indicates the following matters.1. That one who breaks the fast in Ramadan by having intercourse with his wife owes the mentioned expiation. This is a matter on which the majority of scholars do not disagree, except for a rare few who said it is not obligatory, relying on the argument that if it were obligatory it would not be waived due to inability to pay, and the response to this is that it was not actually waived due to inability to pay, rather it was paid on his behalf from public funds, for if it were not obligatory it would not have been paid on his behalf. There is lengthy discussion of this in the books of hadith and jurisprudence.2. As for when a man forces his wife into intercourse during the day in Ramadan while both are fasting, the expiation falls upon the man, and there is no expiation upon her, and her fast remains valid according to the soundest opinion of the scholars, because she was not a willing participant, just as the faith of one who is coerced remains valid, based on the words of Allah Almighty, "except one who is compelled while his heart remains firm in faith" [Nahl 16:106]. Therefore a young woman ought not to adorn herself or wear perfume during the day in Ramadan if she knows her husband cannot control himself. But if she has intercourse with him willingly, her ruling is the same as his.3. As for when both are travelling and the man has intercourse with his wife during the day in Ramadan while both have already broken their fast, there is no expiation upon either of them, and they only owe making up that day.4. This expiation follows the sequence mentioned in the hadith, ordered in the same way as the expiation for zihar mentioned in the Book of Allah, in His words, "Those among you who pronounce zihar against their wives, they are not thereby their mothers. Their mothers are none but those who gave birth to them. What they say is indeed false and unjust speech, but Allah is surely forgiving and merciful. And those who pronounce zihar against their wives and then wish to go back on what they said must free a slave before the couple may touch each other again. This is what you are advised to do, and Allah is well aware of what you do. But whoever cannot find a slave to free must fast two consecutive months before the couple may touch each other, and whoever cannot manage that must feed sixty needy people. This is so that you may prove your faith in Allah and His Messenger. These are the limits set by Allah, and for the disbelievers there is a painful punishment" [Surah Mujadilah 58:2-4].This is the view held by the majority of scholars, including Abu Hanifa and his companions, Shafii, and Ahmad in one report. Malik held the view of giving choice among the options, as in the hadith of Abu Hurairah which he narrated in Muwatta, and this is also a second report from Ahmad, except that Malik prefers feeding the poor because it resembles a substitute for fasting. It has been reported from Malik that he said, "What we adopt regarding one who has intercourse with his wife during the day in Ramadan is feeding sixty needy people, or fasting that day. Freeing a slave and fasting are not part of the expiation for Ramadan at all."Ibn Qudama said in Mughni (4/380), "This view amounts to nothing, since it contradicts the sahih hadith, and moreover it has no reliable basis to rely upon, nor anything to support it, while the sunnah of the Messenger of Allah ﷺ is more deserving of being followed. As for the evidence for the obligation of following the sequence, it is the sahih hadith narrated by Mamar, Yunus, Uzai, Layth, Musa bin Uqba, Ubaydullah bin Umar, Arak bin Malik, Ismail bin Umaya, Muhammad bin Abu Atiq, and others, from Zuhri, from Humayd bin Abdul-Rahman, from Abu Hurairah, that the Messenger of Allah ﷺ said to the man who had intercourse with his wife, 'Can you find a slave to free?' He said, No. He said, 'Can you fast two consecutive months?' He said, No. He said, 'Can you find enough to feed sixty needy people?' He said, No. And he mentioned the rest of the hadith. This is the wording that establishes the sequence, and adopting this is preferable to the report of Malik, because the companions of Zuhri agree on narrating it this way, except for Malik and Ibn Jurayj as far as we know, and the possibility of error in these two is greater than the possibility of error in the rest of his companions. Moreover, the sequence represents an addition, and adopting the addition is required. Also, our hadith carries the exact wording of the Prophet ﷺ, while their hadith carries the wording of the narrator, and it is possible he narrated it with 'or' based on his belief that the meaning of the two wordings is the same. Furthermore, this is an expiation involving fasting two consecutive months, so it follows the sequence just like the expiation for zihar and for killing." This concludes his statement.5. Malik held in Muwatta that one who breaks the fast in Ramadan by eating, drinking, or intercourse owes the mentioned expiation, as indicated by the apparent meaning of the hadith which was not restricted to intercourse alone. This is also the view of Abu Hanifa and his companions. According to Shafii, in one report, along with making up the day, a punishment is due for violating the sanctity of the month. Ahmad said, I do not hold the view of expiation except in cases of intercourse. Athram mentioned this, meaning that making up the day is required but no expiation is due. The second view of Shafii is that making up the day is required but no expiation is due, because the hadith was reported specifically regarding the one who has intercourse, not regarding eating, based on the evidence of their consensus that one who drinks intentionally owes only making up the day.6. The majority of scholars, including the four imams and others, held that one who has intercourse in Ramadan owes making up that day along with the expiation, due to the addition established in the hadith as mentioned before. Ibn Abdul-Barr said, "From the standpoint of reasoning and analogy, the expiation is a punishment for the sin committed, while making up the day is a substitute for the day that was invalidated. Just as the one who invalidates his Hajj through intercourse does not have his obligation to perform Hajj waived by offering a substitute sacrifice, so likewise making up the day is not waived." Istidhkar (10/100). Shafii said in one of his two views, whoever is bound by the expiation owes no making up of the day, because the Prophet ﷺ did not command the bedouin to make up the day. It has been related from Uzai that if he expiates through fasting, he owes no making up of the day, because he has already fasted two consecutive months.7. There is nothing in the hadith indicating that the expiation is not required of the poor, as some have claimed, arguing from the apparent wording of the hadith. Rather the hadith indicates the opposite, for the bedouin to whom the Prophet ﷺ said, "Feed sixty needy people," said, I cannot find enough. The Prophet ﷺ did not waive the obligation from him, but rather gave him time, and when the food came to him, he said, "Take this and give it in charity." He informed him that there was no one in Madinah more in need of it than himself. It has been established in the hadith, "The best charity is that given out of surplus wealth." So he did not see fit for him to give charity to others while neglecting himself and his family. In this there is postponement, not cancellation, so whenever he is able, the obligation applies to him, whether he gives charity to his own family or to others. Or it may be understood that this was a special ruling for that particular man, and had another man done the same thing on that day, he would have had no choice but to pay the expiation. This is the view held by Zuhri.The hadith contains other benefits as well. Ibn Hajar said in Fath al-Bari (4/173), "One of the later scholars whom our teachers met gave this hadith great attention, and wrote about it in two volumes, gathering in them a thousand and one benefits, and its essence, Allah willing, is included in what I have summarized along with many additions to it. So praise be to Allah for what He has bestowed." This concludes his statement.