Ramadan Q & A #6
by: Ahmad Musa Jibril

Q1: What is the evidence for this statement? In your "Common Mistakes During Ramadan" list it said "Many women believe that if their period has just ended and they did not make Ghusl , they cannot fast that day (considering their period ended at night, and they went to bed without Ghusl , waking up without having a chance to make it)." This is incorrect, if a women has not made Ghusl she can still fast.

A1: Jazak allahu khair for contacting us, may Allah reward you and your entire family and save you all from all evil and hardships.

If a woman became clean from her period anytime before the Fajr of any of the days of Ramadan and went to sleep before bathing (Ghusl ), she must fast the following day.

What is the proof that waking up pure for a Ramadan day is a requirement? If one claims that a woman cannot fast because the woman has not made Ghusl , then one must have proof for that.

Allah showed us the requirement for prayer is to make wudu or Ghusl otherwise we would just pray without purity the same way. There is absolutely no proof that one must be in pure Ghusl before Fajr of a fasting day.

That is sufficient proof on this matter as it is the rule of usool in such situations.

We do have, however, additional proof to support the opposite:

" In the verse permitting one to drink, eat, and have sexual relationship, Allah said, "Permitted to you, on the night of the fasts, is the approach to your wives. They are your garments and you are their garments. Allah knows what you used to do secretly among yourselves; but He turned to you and forgave you; so now associate with them, and seek what Allah has ordained for you, and eat and drink until the white thread of dawn appear to you distinct from its black thread;" [2/187]

Take note of how Allah in that verse permits us to eat, drink, have relationship with spouse until the moment Fajr comes. Fajr comes when the 'white thread of dawn appears'. Had one needed to be pure prior to Fajr , Allah would have said you must stop prior to Fajr to purify yourself. But Allah did not do so. Instead as the verse states, one can have sexual relationship until the moment of Fajr which means Fajr time. This means that Fajr may appear and one is still impure.

Keep in mind that impurity due to sexual intercourse between a husband and wife, and the impurity after menstruation before a woman makes Ghusl are both considered identical for fiqh purposes as they are considered both major impure states.

" Another proof is from the hadith of Aisha (radia allahu anha) who said that the prophet (sallah allahu alieh wasalam) used to wake up into the mornings of Radaman (junub) impure from having intercourse with his wives and would make ghusul after Fajr came in and continue his fast. (Saheeh albukhary 2/232)

" In another narration in Saheeh Muslim, Aisha said "I heard a man through a barrier tell the prophet Muhammad (sallah allahu alieh wasalam), "I wake up impure and then fast." The prophet (sallah allahu alieh wasalam) said and, "I wake up impure and fast."

" In Saheeh Muslim as well UmSalamah was sent by her husband Marwan to ask the prophet about one who wakes up into a fasting day in a state of major impurity. UmSalamah told her the prophet (sallah allah alieh wasalam) used to wake up like that into his fasting days and did not break his fast nor did he make it up.

" Imam AlNawawy (rahimahu allah) said, "It is united upon by all scholars that the fasting of one who wakes up impure, whether it is major or minor, into fasting day that his fasting is not affected, and that is the saying of that tab3een and sahabah." (Sharh Saheeh Muslim 3/181)

This means that a man may have a relationship with his wives, then sleep, and be awoken perhaps during athan or thereafter. Since he has not made Ghusl , he is impure from sexual relationship with his wives. And, again impurity for that reason is just like the impurity of a woman waking up free from her period but had not yet made ghusul.

Q2: In your "Common Mistakes During Ramadan" list it said: "If you find out late that Ramadhan started, you should stop eating and fast for that day, making that day up after Ramadhan/Eid ends." So, you have to fast the remainder of the day (once you've found out that ramadan has started) and then still make that day up afterwards? I thought you just had to make it up later. Can you give some daleel for that? Jazakallahu khair.

A2: The clear and direct proof for one to stop eating if he was to find out Ramadan started late in its first day is the hadith narrated by Salamah ibn El Akwa3 (radia allahu anh) he said; "The prophet (sallah allahu alieh wasalam) sent a caller to shout on the day of Ashura' 'Whoever ate let him refrain from eating as of now, and whoever did not eat let him not eat.'" (Narrated in both Bukhari and Muslim.)

Ashura' was ordained (fard) just like Ramadan is, prior to being abrogated by Ramadan. So, the scholars said the same way the prophet (sallah allahu alieh wasalam) sent someone to get people who had not known to fast in Ashura during the day and to refrain from eating and fast from that point, the same applies to those who find out late on the first day that Ramadan started.

Shiekh Saleh Al fowzan mentioned a totally different reason for withholding from eating and drinking on a day you found out late it was the first day of Ramadan. He said it was due to the respect and sacredness of the holy month and time you are in.

Other scholars added that it was an error he did not know that it was Ramadan. Therefore, when one finds that error, one cannot and should not continue transgressing in it. Regardless of whether one has to make up the fast or not, he was not among those exempted from fasting for a legitimate reason.

During my search of the Fiqh books on this matter I was unable to find a contrary opinion to that which was mentioned.

Q3: After every 4 raka'at of taraweeh prayer in our masjid they sit and recite Surah Al-Ikhlas three times aloud and together, is this correct, and is there any proof for this?

A3: This question was asked and replied to in the following link #4 in this link
http://ahmadjibril.com/qa/Ramadanqa2.html

Q4: What is the ruling on making adhkar in jamma'. ie. sitting after fajr reciting the dua3a aloud?

A4: This is a very long topic I have in the process a booklet on it I will try to finish if Allah gives me life, and I'm free inshallah.

To make it simple for now the answer is consistent dhikr or du3a out loud after Fajr in congregation is a bid3a (innovation). It is a bid3a that one gets ajer for by abandoning it, walking away from it, and forbidding it unless it will cause a bigger evil.

The reason is the following:
The prophet (sallah allahu aleih wasalam) never ordered that type of supposed ibadah nor did he (sallah allahu aleih wasalam) encourage it and had he ordered or encouraged it we would have known about it. He never ever gathered to make dua' after prayer with his companions.

Alshatiby (rahimahu allah) said, "Consistent dua' in congregation is not the method of the prophet (sallah allahu alieh wasalam)." (al i3tisam 1/219)

Ibn Taimieh (rahimahu allah) said, "It was never narrated that the prophet (sallah allahu alieh wasalam), after completing his entire prayer, made dua' with those who prayed behind him, not in Fajr nor in 'Asr nor in any other prayer, he used to face them after prayer and begin -"as he always begins his talks"- with praise of Allah then teaching them." (Alfatawah 2/467)

The sahabah eagerly, firmly, and in a fierce way forbade evil like the one you mentioned and had they not thought it to be an innovation and an evil they would not have forbade it.

Ibn Waddah narrated by his chain to Abu Uthman Al Nahdy that Umar received a letter from one of his men informing him of a group of people who gather after salah, making congregational dua', for the Muslims and the leader of the Muslims. Umar wrote back and told him to come forth and bring them with him. Prior to their arrival, Umar told one of his servants to prepare whip for him. As soon as they walked in, Umar (radia allah anh) approached their amir (leader) hitting him. They said, "Oh leader of Muslims we are not like those who come from the south." (Bida3 by Ibn Waddah p. 54 and Ibn Aby Shaibah in Musanaf 8/558)

There are similar stories of forbidding this evil by Ibn Masood and Khabab Ibn Al Arat (Radia Allahu anhum) as well as the scholars of early centuries.

The many general proof on the prohibition of this matter is the prophet's (sallallahu alayhi wa sallam) saying, "Whomever innovates in this matter that which is not part of it its rejected." (Narrated by both Bukhary and Muslim)

Whomever commits, starts, and participates in these innovations has impliedly made himself a partner to Allah and the prophet muhammad (sallah allahu alieh wasalam) in legislating Islam. Allah said: "Do they have partners who legislate in this religion that which Allah has not permitted?" (Shura: 21)

Anyone who innovates that which is part of Islam has impliedly or directly made himself a parter to Allah and his messenger in legislating that which is not part of Islam. Worse than that, by claiming this, they also claim that the Prophet (sallah allah alieh wasalam) has died without completing this religion.

Many scholars said that congregational shouts of dhikr are imitation of the Christians who chant and sing gospel in one voice both in the past and present. And we are ordered to be different than them

There are many derogatory effects of congregational dua' and dhikr after Fajr . Amongst them are:

It disturbs those who want to recite Qur'an or pray to themselves and the prophet (sallah allahu alieh wasalam) said: "All of you are communicating to their lord, therefore do not disturb each other and do not raise your voices on each other." (Narrated by Abu Dawood 1332 and considered authentic by Albany)

Many of those who do group dhikr cause the vast majority of the Muslims to deprive themselves from dhikr or dua' on their own unless they find a group to do it with, among many other things.

Knowing that it is an innovation should cause one to at the least refrain from participating or sitting in such gathering.

Q5: First of all, Ramadhan Mubarak and jazaak Allaah khair for all that you do. This question is very awkward for me but I know it's a duty to ask. I am a part of the email group but just using a different email. I am asking for a sister who approached me yesterday with this question. She had recently had a baby and without asking her many questions, I gathered that the baby died after giving birth. I'm not quite sure about the details, but what she wants to know is can she can fast Ramadhan as soon as her bleeding stops or does she have to wait the full 40 days? I don't know when she had the baby but I am assuming that by the time her 40 days is over, she will still be able to fast a part of Ramadhan. If this is not enough information, please ask questions and I will contact her back. Barak Allaah feek wa assalaamu alaikum

A5: A women who gives birth regardless of whether it was a miscarriage or not is in her menstruation. (refer to in the Fiqh books as Nufasaa')

UmSalamah (radia allahu anha) said, "That a woman during the prophet's (sallah allahu alieh wasalam) time used to remain forty days as nufsa and the prophet (sallah allahu alieh wasalam) did not order them to pray or fast during that time." (Narrated by Abu Dawoud, Tirmithy, Baihaqi, Darqutny.

Many, if not most today, have a misconception on the forty days limit that women must wait that long after birth or miscarriage. This is incorrect. Forty days in UmSalamah's (radia allahu anha) hadith was mentioned because that is the general average it takes for women to become pure after pregnancy, but by no means does it indicate she must wait that long if she becomes pure beforehand.

There is some hadith where the prophet (sallah allahu alieh wasalam) limits the period before a woman who gives birth can fast or pray to forty days, however they are not authentic and cannot be used as proof due to their weakness.

The ruling on a Nufasaa' is that as soon as she becomes clean from the blood that follows the birth, she must shower and fast the following day even if she becomes pure from the blood one or two days after giving birth.

AlNasaey (rahimahu allah) said in his Sunan, "It is united upon by the Sahabah, tab3een and scholars following them that a woman who is nufasaa' leaves the prayer for forty days unless she sees that she is pure before that. She must then shower, begin her prayer and fast."

And, Allah knows best.

-Ahmad Musa Jibril