Question
Respected Mufti. The month of Ramadan is ahead, so one of the things I need to know urgently is: If a person swears to have intercourse with Bibi during the day while observing the obligatory fast, will that oath be in accordance with the Shari'ah? 2. If he goes on a journey with Bibi just to fulfill such an oath and then has sexual intercourse during the day while fasting, will it be lawful? What is the decision of Ahnaf in fiqh in particular? Looking forward to your reply. Zayakallah. 2129677712
Answer
- حامداومصلياومسلما، بسم الله الرحمن الرحيم -
One thing needs to be understood first. That is, the work is done. Another is that the work is justified. Two things. Many times it is haraam to do many things. But when he did, the work was done and the order was imposed. For example, it is haraam to kill someone. But if the murder will not be ordered to kill? Stealing is forbidden. So if you steal, the punishment for theft will not be ordered? In the same way, swearing is forbidden in the Shari'ah. But if you do, you will swear. It is obligatory to fast during the month of Ramadan. If you swear to violate the obligatory provisions or to do something forbidden by the Shari'ah, it is forbidden to fulfill the oath even if it is pure. Rather, it is necessary to break the oath and atone for the oath. The Prophet (peace be upon him) in the Hadith: «عن حلى الله عليه وسلم-« من حلى الله عليه وسلم- «من حلى الله عليه فرأى غيرها خيرا وليكفر عن يمينه Narrated Abu Huraira RA. The Prophet (peace and blessings of Allaah be upon him) said: Whoever swears by something and then sees good in the opposite, then he should do that good deed and pay the expiation for his oath. (Sahih Muslim, Hadith No. 4362, Sahih Ibn Hibban, Hadith No. 4352, 4346, Musnad Abi Awana, Hadith No. 5931, Musnad Ahmad, Hadith No. 16251, Musnadush Shihab, Hadith No. No. 138, Musnad Tayarisi, Hadith No. 1360, Muzammil Ibn Asakir, Hadith No. 1456, Sunan Daremi, Hadith No. 2345, Sunan Nasai Kubra, Hadith No. 4826, Sunan Bayhazi , Hadith no. At the same time, it is necessary to pay the expiation in the oath. In the month of Ramadan, if it is not difficult to travel, it is better to fast according to the Hanafi fiqh. It is permissible to break it. فى رد المحتار- ويندب لمسافر الصوم لآية “وأ ، تصموا خيرا لكم” (الدر المختار مع رد المحتار -3 / 405 7434784259
- والله اعلم باالصواب -
* This Fatwa was translated by Google Translate.
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