RULING OF THE FAST WHEN FALLING ASLEEP WITH SNUFF TOBACCO IN THE MOUTH AFTER THE SUHUR TIMING

Dar al Ifta Ahl us Sunnah

Mufti Muammad Hashim Khan Attari Madani

1. Ruling of the fast when falling asleep with snuff tobacco in the mouth after the suūr timing

Q: What do the noble scholars say about the following: During Ramadan al-Mubārak, after partaking in suūr, a person placed tobacco in his mouth at 4:20 am. Sleep overcame him and the suūr timing ended at 4:40 am. When he awoke, it was 5:00 am. What is the ruling of the fast in this scenario?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

In the scenario described, as the tobacco remained in the person’s mouth upon the onset of the start of the fast, his fast was nullified. This is because, normally, when placing tobacco in the mouth, some of its parts descend below the throat. Therefore, it is obligatory for him to make up one day’s fast, i.e., he must fast a day in place of this fast. Furthermore, it would be wājib upon this person to pass the remainder of the day in the state of a fasting person. This is because the principle is that every person who is in such a state in any part of the day that if he were in that state at the start of the day (i.e., at the time of suūr), the fast would have been obligatory upon him, then despite him not fasting, it is wājib for him to pass the rest of the day in the state of a fasting person. However, there is no expiation on the person in the scenario mentioned in the question. This is because one of the conditions for the necessitation of expiation is the intentional nullification of the fast, whereas in the scenario of tobacco descending below the throat during sleep, this condition is missing.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

2. Breaking itikāf for the funeral of a close relative

Q: What do the noble scholars say about the following: Is there permission for the person observing itikāf to break it due to the death of his daughter or another maram relative?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Yes. If the maram relative of the person observing itikāf passes away, he is allowed to break it to participate in the funeral. He will not be sinful for this. However, he must remember to make up the day he broke the itikāf upon afterwards.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

3. Inhaling steam from plain water during a fast

Q: What do the noble scholars say about the following: Will the fast break if water is heated and the steam rising from it is inhaled?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Deliberately inhaling steam from water during the fast will result in it breaking as long as one remembers that he is fasting. This is because inhaling results in water passing down the throat via the nasal cavity in the form of steam which is a nullifier of the fast. The rule of steam is the same as that of deliberate inhalation of smoke.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

4. Glorification upon prayer beads made of silver

Q: What do the noble scholars say about the following: Can prayer beads made of silver be used for reciting glorification of Allah Almighty?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

It is unlawful and a sin for both men and women to use prayer beads made of silver. This is because apart from specific scenarios, the use of gold and silver for men is absolutely unlawful. In the same way, the use of silver and gold is only permissible for women as jewellery and apart from this, their use is also impermissible for them. Neither do prayer beads of silver come under any Islamic legal dispensation nor is their purpose to be worn as jewellery. Therefore, it is not permissible for both men and women to use them for the glorification of Allah Almighty.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

5. Funeral prayer and the post-far sunan

Q: What do the noble scholars say about the following: Funeral prayers are offered in the ground adjacent to our masjid. It has occurred on numerous occasions that immediately after the far prayer an announcement was made that there a funeral prayer will be offered in the ground outside and people should participate. Should the funeral prayer be offered after the sunan that follow uhr and Maghrib or before offering them?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

If a funeral comes at the time of those prayers which have sunan after them, i.e., uhr, Maghrib, Ishāˈ and Jumuah and the congregation is ready, then the view upon which legal edicts are issued is that the sunan should be offered first after the far units and then the funeral prayer should be offered. However, if there is fear of the deceased’s body inflating or deteriorating due to offering the sunan, the funeral prayer should be offered first. In fact, in such a scenario, if there is time for the far prayer, the funeral prayer should be offered before the far prayer even.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم

6. Ruling of funeral prayer upon finding bones of the deceased

Q: What do the noble scholars say about the following: If only the bones of a Muslim are found and no flesh is upon them, will the funeral prayer be offered or not?

بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

In the scenario described, funeral prayer will not be offered if only bones are found. This is because in light of the principles of Islamic law, it is a condition of offering the funeral prayer that the entire body or most of it or half of it with the head is present. The body is the term which refers to the combination of skin, flesh and bones. Bones on their own are not referred to as the body. Therefore, in this scenario, the funeral prayer will not be offered. These bones should be wrapped in some pure cloth and buried.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم


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