The Book ISLAMIC LAWS

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Fasting

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Remaining in Janabat or Haidh or Nifas till Fajr time

1628. If a person in Janabat does not take Ghusl intentionally till the time of Fajr prayers, his/her fast becomes void. And if a person whose obligation is to do tayammum, wilfully does not do it, his/her fast will be also void. This rules apply to the qadha of the fasts of Ramadhan, also.

1629. If a person in Janabat does not take Ghusl intentionally till the time of Fajr prayers, for obligatory fasts other than those of the month of Ramadhan and their qadha, those fasts which have fixed days, like those of Ramadhan, his/her fast will be in order.

1630. If a person enters the state of Janabat during a night in the month of Ramadhan, and does not take Ghusl intentionally till the time left before Adhan is short, he/she should perform tayammum and observe the fast. However, it is a recommended precaution that its qadha is also given.

1631. If a person in Janabat in the month of Ramadhan forgets to take Ghusl and remembers it after one day, he should observe the qadha of the fast of that day. And if he remembers it after a number of days he should observe the qadha of the fasts of all those days, during which he is certain to have been in Janabat. For example, if he is not sure whether he was in Janabat for three days or four, he should observe the qadha of three days.

1632. If a person who does not have time for Ghusl or performing tayammum in a night of Ramadhan gets into state of Janabat, his fast will be void and it will be obligatory upon him to give qadha of that fast, as well as Kaffarah.

1633. If a person investigates whether or not he has enough time at his disposal, and believing that he has time for Ghusl, goes into state of Janabat and when he learns later that actually the time was short, he performs tayammum, his fast will be in order. And if he presumes without any investigation that he has enough time at his disposal and gets into Janabat and when he learns later that the time was short, keeps the fast with tayammum, he should, as a recommended precaution, observe the qadha of that fast.

1634. If a person is in Janabat during a night in Ramadhan and knows that if he goes to sleep he will not wake up till Fajr, he should not sleep before Ghusl and if he sleeps before Ghusl and does not wake up till Fajr, his fast is void, and qadha and Kaffarah become obligatory on him.

1635. When a person in Janabat goes to sleep in a night of Ramadhan and then wakes up, the obligatory precaution is that if he is not sure about waking up again, he should not go to sleep before Ghusl, even if he has a faint hope that he might wake up before Fajr if he sleeps again.

1636. If a person in Janabat in the night of Ramadhan feels certain that if he goes to sleep he will wake up before the time of Fajr prayers, and is determined to do Ghusl upon waking up, and oversleeps with that determination till the time of Fajr prayers, his fast will be in order. And the same rule applies to a person who, though not absolutely certain, is hopeful about waking up before the time of Fajr prayers.

1637. If a person in Janabat in a night of Ramadhan is certain or reasonably hopeful that if he sleeps he will wake up before the time of Fajr prayers but he is not heedful of the fact that after waking up he would do Ghusl , if he oversleeps till the time of Fajr prayers, the qadha of that fast will be obligatory on him as a precaution.

1638. If a person in Janabat in a night of Ramadhan is sure or fairly hopeful that if he sleeps he will wake up before the time of Fajr prayers, but he does not intend to do Ghusl then, or is undecided about it , his fast is void.. And if he sleeps and does not wake up the qadha and Kaffarah will be obligatory on him.

1639. If a person in Janabat sleeps and wakes up during a night of Ramadhan and is certain or fairly hopeful that if he sleeps again, he will wake up before the time of Fajr prayers, with full determination to do Ghusl after waking up, and oversleeps till the time of Fajr, he should observe the qadha of the fast of that day.
And if he goes to sleep for the third time and does not wake up till the time of Fajr prayers, it is obligatory on him to observe the qadha as well as give the kaffarah, as a recommended precaution.

1640. When a person becomes Mohtalim during sleep, the first, second and third sleep means the sleep after waking up; and the sleep in which he became Mohtalim will not be reckoned to be the first sleep.

1641. If a person observing fast becomes Mohtalim during day time, it is not obligatory on him to do Ghusl at once.

1642. When a person wakes up in the month of Ramadhan after the Fajr prayers and finds that he has become Mohtalim his fast is in order, even if he knows that he became Mohtalim before the Fajr prayers.

1643. When a person who wants to observe the qadha of Ramadhan, remains in Janabat intentionally till the time of Fajr prayers, he cannot fast on that day. And if it was not intentional, he can fast, but as a precaution, it should be avoided.

1644. If a person wants to observe the qadha of Ramadhan and wakes up after the time of Fajr prayers finding himself Mohtalim, and knows that he became Mohtalim before the time Fajr prayers, he can fast on that day with the niyyat of qadha.

1645. If a person remains in Janabat intentionally till the time of Fajr prayers in an obligatory fast which does not have fixed days, like, the fast of Kaffarah, apparently his fast is in order, but it is better that he should observe fast on some other day.

1646. If a woman becomes Pak from Haidth or Nifas before the time of Fajr prayers in the month of Ramadhan or, as a precaution, on a day she wants to give qadha of Ramadhan, and does not do Ghusl - or in the case of time being short, tayammum - intentionally, her fast will be void.
And if it is not the fast of Ramadhan or its qadha, her fast will be in order, but as a precaution, she should do Ghusl. And if the obligation of a woman is tayammum instead of Ghusl for Haidth or Nifas and she does not do it intentionally, in the month of Ramadhan or for its qadha, before the time of Fajr prayers, her fast is void.

1647. If a woman becomes Pak from Haidh or Nifas before the time of Fajr prayers in the month of Ramadhan and she has no time to do Ghusl, she should perform tayammum. But it is not necessary for her to remain awake till the time of Fajr prayers. The same rule applies to a person whose obligation is tayammum after getting into the state of Janabat.

1648. If a woman gets Pak from Haidh or Nifas just near the time of Fajr prayers in the month of Ramadhan, and has no time left for Ghusl or tayammum, her fast is valid.

1649. If a woman gets Pak from Haidh or Nifas after the Fajr or if Haidh or Nifas begins during the day though just near the Maghrib time, her fast is void.

1650. If a woman forgets to do Ghusl for Haidh or Nifas and remembers it after a day or more, the fasts that she has observed will be valid.

1651. If a woman gets Pak from Haidh or Nifas before the time of Fajr prayers in the month of Ramadhan but neglects her obligation and does not do Ghusl before Fajr, nor does she resort to tayammum as time becomes short, her fast will be void. But if she is not negligent, like when she waits for her turn in a public bath, then even if she sleeps three times without doing Ghusl till Fajr, her fast will be valid if she does not ignore tayammum.

1652. If a woman is in a state of excessive Istihadha, her fast will be valid even if she does not carry out the rules of Ghusls as explained in rule no. 402. Similarly, her fast will be in order if she does not do the Ghusls prescribed for medium Istihadha.

1653. A person who has touched a dead body (i.e. has brought any part of his own body in contact with it) can observe fast without having done Ghusl for touching a dead body, and his fast does not become void even if he touches the dead body during the fast.