[quote]One rule that officials in some towns seem especially intent on enforcing is the ban on students’ fasting. Supporters of this policy say students need to eat to study properly.[/quote]

http://www.iht.com/articles/2008/10/18/asia/19xinjiang.php

Dont know about the Malikis on this, but the ahnaf say its “travelling” per se that is the Illah hence they dont do qiyas on this as its not possible.

Peace
May Allah accept all our prayers in Ramadan

JazakAllah Imam Suhaib for some very valuable lessons. Please forgive me for any mistakes on my part. And please remember me in your du’as. InshaAllah, I will be doing the same.

May Allah raise your station in knowledge and wisdom. Ameen.

Saif:

1. The Hanbalis and the Shafi’s hold that the ‘Ila for the rukhsa in travel is the “hardship and not the travel itself.” [see Encyclopedia of Fiqh Kuwait Ministry of Religious Endowments under the travelers prayer.]

As for your question regarding the sick, aren’t the sick excused from many of the pillars of prayer as well as her conditions? I don’t know about joining the prayers due to sickness, but I know that there is the axiom that says, “Orders are based on ability.” The Prophet (sa) said in a sound hadith, “What I’ve ordered you to do, do it as best you can.” Ibn Taymiyyah (ra) commenting on this says, “Like the sick……….if he is unable to complete his prayers correctly, then his prayer is sound according to his ability.” Majmu’ al-Fatawa vol. 3. Pg. 125.

2. You are asking for a fatwa and I don’t feel qualified to answer so I will say, “I don’t know.”

3. I would rather you talk with Sh. al-Bukhari yourself. I went and met him in the Birmingham Masjid, sat with him and asked him questions. I don’t feel it is my right, since I’m just a simple beginner, to speak on his behalf.
Suhaib

Imam Suhaib,

JazakAllah for your kind words.

Your response helped a lot, but I’d like to clarify a few points regarding my questions:

1) I was aware of the various opinions permitting the joining of prayers under certain circumstances, but my question was specifically about shortening prayers. Is it a valid qiyas if we permit sick people to shorten their prayers (if we recognize difficulty and not travel itself as the ‘Illah behind the hukm of shortening prayers during travel)? As far as I understand, the ‘Illah here is travel and not difficulty, and that can be proved using as-Sibr wa at-Taqseem. Please let me know what you think.

2) Some farmers, construction workers, domestic helps, rickshaw-pullers, etc. have to work the year round, which makes it impossible for them to make up fasts missed during Ramadan at a later time. Are such people exempt from fasting? And if they’re poor (which is usually the case), they do not have to make up in any other way?

3) Does Sh. al-Bukhari al-Diobandi employ an Usooli approach, a Maqasid-based approach, or both to arrive at his conclusion? I’m curious to know what tools he has used to equate the difficulty faced while studying to al-Mashaqqah al-Jalibah li at-Taysir.

JazakAllahu khayr. May Allah reward you immensely for answering my questions. And may Allah increase us both in ‘Ilm and ‘Amal. Ameen.

Wa ‘alaykum al-salam wa rahmathullahi wa barakatuh,

I hope you are well and your last ten days of Ramadan are illuminated with worship and noble deeds.

You wrote:

“If we recognize the ‘Illah behind shortening of prayers during travel as difficulty and not travel itself, would it be correct if we made qiyas and applied it to a different situation, such as sickness?”

My Answer:

It is well known that the Malikis and the Shafis, both with conditions, and the Hanbalis allow one to join the prayers due to illness with the Hanbalis being the most relaxed allowing one to due so in the face of a need. [see fatwa al-Azhar vol. 9 pg. 55.] This is based on the fact that the Prophet [may Allah's peace and blessing be upon him] allowed a women suffering from abnormal vaginal bleeding to delay her prayers. Thus, as Dr. ‘Attyiah Saqar mentioned, scholars made qiyas on that, applying the ruling to other situations. In fact, it is known that some of the salaf allowed one to join his/her prayers without any reason. This is based on their understanding of the hadith of Ibn ‘Abbas, related by al-Tirmidhi, that the Prophet [may Allah's peace and blessing be upon him] joined the prayers without travel, fear or sickness. From amongst them was Ibn Sireen [may Allah's mercy be upon him]. However, they stated that this could not happen on a consistent basis, but once in awhile.

From the Classical Texts:

Imam Khalil, in his text which is the book of fatwa in our school [Maliki] says ” [one can joing prayers] due to sickness” and this was echoed by Sidi al-Dardir in Sharh al-Saghir as well. Sh. Abdul Karim al-Zaydan articulated this position with some clarity in his famous work al-Mufasal and I would advice you to refer to it, or the al-Mughni of Ibn al-Qudama.

Your Question:

“- Farming is one of the most physically demanding jobs, and a farmer faces extreme difficulty while fasting. Would this ruling apply to people whose jobs demand physical work, such as farmers, construction workers, rickshaw pullers (in the Indian subcontinent), et cetera? Since people have been farming since much before the time of the Prophet(pbuh), are there any classical opinions supporting this view?”

The Hanafis of India

The opinion of Ibn ‘Abidin was mentioned above and I think that is sufficient. In Al-Fatawa al-Hindiyah it states that from amongst those excused from fasting, “The servant girl who is scared she will not be able to work or that she might be harmed.” It also, mentions those who work for the ruler and are unable to perform their tasks due to “the heat” vol. 5 pg. 330

Al-Azhar

Sh. Muhammad ‘Abdu wrote a fatwa around 100 years ago and he applied it to laborers. In addition, Sh. al-Azhar Jad al-Haq ‘Ali Jad al-Haq wrote in 1981 “Allah granted the elderly, the pregnant and those whose work is such that it is unbearable for them to fast, the choice to break their fast.” I also remember Dr. ‘Ali Guma mentioning this as well, but can’t remember where.

Saudia:

A similar question was put to the standing body of scholars in Saudi Arabia by one of the guards for King ‘Abdul ‘Aziz [ra] who said, in 1959, that he had to stand guard over the king in the hot sun and, “Became extremely thirsty.” The standing body allowed this person to break his fast and make it up another day. See Fatwa of the Standing Committee vol. 12. pg. 296. The same fatwa was given by the Standing Committee for one who is a laborer with certain conditions vol. 12 pg. 299.

As for the fatwa above, Sh. al-Bukhari made clear to me that this was his general fatwa for those who met the conditions at hand. Also, this was the opinion of Sh. ‘Attiyah Saqar see Fatwa al-Azhar vol. 9 pg. 248. However, his approach is much more restrictive than the Azhari fatwa mentioned above.

Hope that helps?
Suhaib

- If we recognize the ‘Illah behind shortening of prayers during travel as difficulty and not travel itself, would it be correct if we made qiyas and applied it to a different situation, such as sickness? For example, a sick person faces similar difficulty, and should therefore be allowed to shorten her/his prayers.

- Farming is one of the most physically demanding jobs, and a farmer faces extreme difficulty while fasting. Would this ruling apply to people whose jobs demand physical work, such as farmers, construction workers, rickshaw pullers (in the Indian subcontinent), et cetera? Since people have been farming since much before the time of the Prophet(pbuh), are there any classical opinions supporting this view?

I would really appreciate it if you took the time out of your busy schedule to answer these questions. May Allah reward you for your efforts. Ameen.