Summary of Feqh - Section I: What Invalidates the Fast and What Does Not

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Section I: What Invalidates the Fast and What Does Not

Firstly: Eating and drinking
1. Ruling of deliberately eating:
Whoever eats or drinks something considered nutritious deliberately while being aware that he is fasting, then his fasting is nullified. Ibn Hazm and Ibn Qudamah have quoted consensus on this.
- Consequences of deliberately breaking the fast with food or drink

a) Making it up:

Whoever breaks the fast deliberately through eating or drinking must make up that fast. This is the position of the majority of scholars. As for the expiation, then it is not wajib upon him. This is the position of the Shafi`is, Hanbalis, Ibn al-Mundhir, al-Nawawi, and the choice of Ibn `Uthaymin.
b) Abstention:
Whoever deliberately breaks his fast through eating or drinking must abstain therefrom for the rest of the day. This is by agreement of the four schools of jurisprudence and the choice of Ibn Hazm.
2. Consuming food or drink out of forgetfulness:
Whoever eats or drinks out of forgetfulness, then there is nothing upon him, and he completes his fast. This is the position of the majority: Hanafis, Shafi`is, and Hanbalis.
3. Whatever enters the body unintentionally:
Whatever enters the body of the fasting person unintentionally, like dust on the road, does not break his fast. This is the overall summarised position. [801] There is difference over the fly if it reaches the fasting person’s throat. Consensus has been quoted over this by: Ibn al-Mundhir, Ibn Hazm, Ibn Qudamah, al-Nawawi, and al-Kharshi.
4. Ruling of the fasting person swallowing their saliva:
Swallowing one's own saliva does not break one's fast, as long as it does not leave the mouth nor is collected therein. Consensus has been quoted over this by Ibn Hazm.
5. Swallowing what is between the teeth and cannot be spat out:
Whoever swallows what is between his teeth while fasting, and it is so negligible that it cannot be spat out, then his fast is valid. Consensus has been quoted on this by Ibn al-Mundhir.
6. Swallowing what is between the teeth of what could be spat out:
Whoever swallows what is between their teeth while fasting and he could have spat it out, then his fast is broken. This is the position of the Shafi`is, Hanbalis, and a position among Malikis.
7. Ruling of the fasting person swallowing what is normally not consumed:
If the fasting person swallows what is normally not consumed or considered food, like a coin, small stone, grass, piece of metal, cloth, or anything of the like, then his fast is broken. This is by agreement of the four schools of jurisprudence, as well as the position of the majority of early and late scholars.
8. Ruling of smoking while fasting:
Smoking cigarettes (tobacco) while fasting breaks it. This is by agreement of the four schools of jurisprudence.
9. Abstention for the one who broke his fast thinking the sun has set:
If a fasting person breaks his wajib fast thinking the sun has set, then he realised it hasn't, he must once again abstain. This is by agreement of the four schools of jurisprudence.
10. Making up the fast for the one who broke his fast thinking the sun has set:
Scholars have differed whether the person who broke his fast thinking the sun has set should make up his fast or not, and this is according to two views:

The first: It is that he must make up the fast. This is by agreement of the four schools of jurisprudence.
The second: It is that he doesn't need to make it up. This is the position of a group of the Salaf, and is the choice of Ibn Taymiyyah, Ibn al-Qayyim, and Ibn `Uthaymin.
11. Eating or drinking when doubting the sun has set:
Whoever ate or drank doubting the sun has set and did not seek clarity after that, or in the case that it hadn't, then he is sinful and must make up the fast in both instances. This is by agreement of the four schools of jurisprudence.
12. Mistakenly having the pre-dawn meal after fajr:
Whoever had the pre-dawn meal after fajr by mistake, believing it is still before time, then realises that fajr had entered, then the scholars have differed over whether he should make up the fast or not according to two views:

The first: It is that his fast is valid and does not need to make it up, and this is the position of a group of the Salaf, and the choice of Ibn Taymiyyah and Ibn `Uthaymin.

The second: It is that he has to make it up, and this is by agreement of the four schools of jurisprudence.

Secondly: Deliberate Intercourse During the Day of Ramadan
1. Ruling of the one who intentionally had intercourse during a day of Ramadan:
Whoever intentionally engages in sexual intercourse during the day in Ramadan then his fast is nullified. Consensus has been quoted on this matter by: Ibn al-Mundhir, Ibn Hazm, Ibn Qudamah, and Ibn Taymiyyah.
2. The consequences of intercourse in the day of Ramadan:
The following are the consequences of engaging in sexual intercourse during the day in Ramadan:
a) Expiation
There is an expiation that is wajib upon the person who had intercourse, and this is by agreement of the four schools of jurisprudence.
Order in the expiation:
The expiation for the one who had intercourse during the day in Ramadan is according to a specific order. [802] He frees a slave, and if he cannot, he fasts for two consecutive months, and if he can’t, he feeds sixty destitute people. This is the position of the majority: Hanafis, Shafi`is, Hanbalis, and the position of the Zahiris.
b) Making up fasts
The one who had intercourse during the day in Ramadan must make up the day he broke his fast. This is by agreement of the four schools of jurisprudence.
3. Obligations upon a woman who engages in intercourse willingly:
If a woman engages in sexual intercourse willingly during the day in Ramadan, she must make up the day and the expiation is wajib upon her. This is the position of the majority: Hanafis, Malikis, Hanbalis, and a position among Shafi`is.
4. Engaging in intercourse out of forgetfulness:
Whoever engages in sexual intercourse while forgetting he is fasting, then his fast is valid and there is nothing upon him. This is the position of the Hanafis, Shafi`is, and a group of the Salaf. It is also the position of Ibn Taymiyyah, Ibn al-Qayyim, al-San`ani, al-Shawkani, and Ibn `Uthaymin.
5. The one who repeats intercourse in a single day:
Whoever engages in intercourse more than once in a single day of Ramadan, then one expiation is upon him if he was yet to pay it off. Consensus has been quoted over this by Ibn `Abd al-Barr and Ibn Qudamah.
6. The one who repeats intercourse in a single day but expiates for the first time:
Scholars have differed over the one who engages in sexual intercourse, expiates for his sin, then re-engages in sexual intercourse in the same day, whether he should expiate for the other occasions of intercourse or not. This is according to two views:
The first: It is that the first expiation suffices. This is the position of the Malikis, Shafi`is, and the choice of Ibn `Uthaymin. [803] Ibn `Uthaymin said regarding a man who engaged in sexual intercourse after sunrise by fifteen minutes, then he expiated this by freeing a slave, then he once again engaged in intercourse after zuhr: “According to the school’s position, he must expiate once again, since he expiated the first, even if he is not legally fasting, he must nonetheless abstain. According to the second position, he does not need to expiate the second time since he is no longer fasting, though he must still abstain because anyone who breaks his fast without a valid reason, it is haram for him to continue in indulgence.” Al-Sharh al-Mumti` (407/6)
The second: It is that he is obligated to pay another expiation for the second occasion of intercourse if he had expiated the first. This is the position of the Hanafis and the Hanbalis.
7. The one who repeats intercourse over two days or more:
Whoever engages in sexual intercourse over a number of days, he is obligated to pay an expiration for every day he had intercourse, regardless whether he had expiated the first one or not. This is the position of the majority: Malikis, Shafi`is, and Hanbalis.
8. Anal intercourse during the fast:
Whoever engages in anal intercourse has nullified his fast and the expiation is wajib for him. This is by agreement of the four schools of jurisprudence.
9. Intentional intercourse during made up fasts:
Whoever engages in sexual intercourse during made up days of fasting does not have any expiation upon him. This is by agreement of the four schools of jurisprudence.

Thirdly: Ejaculation

1. Masturbation during the day in Ramadan:

Whoever masturbates [804] Istimna’ is intentionally ejaculating out of sexual arousal without intercourse, masturbation. during the day in Ramadan has broken his fast and he must make it up. This is by agreement of the four schools of jurisprudence.
2. Making up fasts for the one who ejaculates through physical contact:
Whoever ejaculates without insertion, but through physical contact, kissing or otherwise, then he breaks his fast doing this. This is by agreement of the four schools of jurisprudence.
3. Expiation for the one who ejaculates through physical contact:
There is no expiation for the one who ejaculates without intercourse. This is the position of the majority: Hanafis, Shafi`is, and Hanbalis.
4. Ejaculation through repeated looking:
Scholars have differed over the one who ejaculates through looking while fasting, whether he breaks his fast in doing so or not. This is according to two views:
The first: It is that he breaks his fast but has no expiation. This is the position of the Hanbalis, a group of the Salaf, the choice of Ibn `Uthaymin, and the verdict of the Permanent Committee.
The second: It is that he does not break his fast. This is the position of the Hanafis, Shafi`is, and a group of the Salaf.
5. Ejaculation through imagination:
Whoever ejaculates due to his imagination without any active physical involvement, then this does not break his fast. This is regardless whether it is constant thinking or just a passing thought. This is the position of the majority: Hanafis, Shafi`is, and Hanbalis.
6. Wet dreams during the day in Ramadan:
Having a wet dream during the day in Ramadan does not break the fast. Consensus has been quoted over this by al-Mawardi, Ibn Hazm, Ibn `Abd al-Barr, Ibn Rushd, al-Nawawi, Ibn Taymiyyah, and Ibn Hajar.
7. Pre-seminal fluid:
Pre-seminal fluid exiting from the fasting person does not break his fast. This is the position of the Hanafis, Shafi`is, one of two narrations from Ahmad, and the choice of Ibn al-Mundhir, al-San`ani, and Ibn `Uthaymin.

Fourthly: Vomiting
1. Deliberate vomiting:
Whoever deliberately induced himself to vomit, then his fast is broken and he must make it up without expiation.
This is by agreement of the four schools of jurisprudence.
2. Involuntary vomiting:
Whoever is overcome with vomit, then his fast is valid, and there is nothing upon him. This is by agreement of the four schools of jurisprudence.
3. Regurgitating and blood:
Regurge [805] Qalas is what exits the throat to almost fill the mouth or completely fill it. It is not vomit, though if it returns, then it becomes vomit. exiting the fasting person's mouth or blood from his teeth do not break his fast, as long as they do not go back into his throat. Ibn Hazm has quoted consensus over this.

Fifthly: Menstruation and Postnatal Blood
1. Ruling of the fast of the woman who bled during the day in Ramadan:
Whoever bleeds from her private part, whether menstrual or postnatal blood, then her fast is nullified and she must make it up. Consensus has been quoted over this by: Ibn Hazm, Ibn Rushd, al-Nawawi, and Ibn Taymiyyah.
2. Ruling of abstaining for the rest of the day:
A woman who has broken her fast due to bleeding does not have to abstain from food and drink for the rest of the day. This is the position of the majority: Hanafis, Malikis, and Shafi`is.
3. Bleeding and continuity:
If a woman needs to fast two consecutive months, then her bleeding does not break that continuity, and she does not need to restart if she bleeds. Consensus has been quoted over this by Ibn al-Mundhir and Ibn Taymiyyah.

Sixthly: Insanity and losing consciousness

This has been discussed in Chapter I.

Seventhly: Ruling of sleeping through the day in Ramadan
1. Ruling of the one who sleeps through the day of Ramadan but wakes for a moment:
If the one who sleeps through the day of Ramadan wakes up for a moment and sleeps for the rest of it, then his fast is valid. Consensus has been quoted on this by al-Nawawi.
2. Ruling of the one who sleeps through the day of Ramadan without waking up:
Whoever sleeps through the day of Ramadan without waking up until after sunset, their fast is valid. This is the position of the Malikis, Shafi`is, and Hanbalis.

Eighthly: Apostasy
Whoever apostates during his fast then his fast is nullified. Consensus has been quoted on this by: Ibn Qudamah, al-Nawawi, and al-Mardawi.

Ninthly: Intention of breaking the fast
Whoever has intended to break their fast during the day in Ramadan, then their fast is broken even if they do not commit any explicit nullifiers. This is the position of the Malikis and Hanbalis, a position among Shafi`is, and the choice of Ibn Hazm.

Tenthly: Cupping for the fasting
Scholars have differed over the one who undergoes cupping while fasting according to two views:
The first: It is that the fast of the one who undergoes cupping does not break his fast. This is the position of the majority: Hanafis, Malikis, and Shafi`is.
The second: It is that it breaks his fast. [806] Based on this position, it is not permissible for the fasting person to donate a lot of blood that will affect him in the same way cupping does. See: Majmu` al-Fatawa Ibn Baz (272/15), al-Sahrh al-Mumti` (351/6), Permanent Committee Verdicts – Second Collection (179/9). This is among the unique positions of the Hanbali school. It is what is held by Ibn Taymiyyah, [807] Ibn Taymiyyah said: “The position that cupping breaks the fast is that of the majority of Hadith scholars, like Ahmad ibn Hanbal, Ishaq ibn Rahawayh, Ibn Khuzaymah, Ibn al-Mundhir, and others. The scholars of Hadith, those who are also jurists, and act upon their knowledge, are the foremost in following Muhammad ﷺ.” Majmu` al-Fatawa (252/25) Ibn Baz, and Ibn `Uthaymin.

Eleventhly: The Ruling of Phlebotomy
Scholars have differed over whether phlebotomy [808] Fasd is cutting the vein to drain its blood, phlebotomy, also venesection. nullifies the fast according to two views:
The first: It is that it does not nullify it, and this is the position of the majority: Hanafis, Malikis, and Shafi`is.
The second: It is that it nullifies it. This is one of two positions in the Hanbali school, chosen by Ibn Taymiyyah and Ibn `Uthaymin, and it is the verdict of the Permanent Committee.

Twelfthly: Blood Tests
It is permissible for the fasting person to have blood withdrawn for testing. This is the choice of Ibn Baz [809] Ibn Baz conditioned it with a need for it. and Ibn `Uthaymin.

Thirteenthly: Enemas
The effect of undergoing an enema during fasting is differed upon among scholars according to two views:
The first: It is that it invalidates the fast, and this is by agreement of the four schools of jurisprudence.
The second: It is that it does not invalidate it. This is the position of the Zahiris, a group of Malikis, judge Husayn from the Shafi`is, and it is the position of Hasan ibn Salah. It is also the choice of Ibn `Abd al-Barr and Ibn Taymiyyah.

Fourteenthly: Nose Drops
Scholars have differed over the use of nose drops in the day of Ramadan over two views:
The first: It is that its use breaks the fast, and so does the use of snuff. [810] This is by agreement of the four schools of jurisprudence.
The second: It is that it does not break the fast as long as nothing is swallowed. This is the position of Ibn Hazm, Ibn Taymiyyah found strength in it, and it is approved by the International Fiqh Academy. It is the verdict of the Permanent Committee, and it is the position of Ibn `Uthaymin.