Fath al-Rabbani

Benefits: … Shaykh al-Albani rahimahullah says: This blessed hadith comprises two important benefits:

(First): … In the early period of Islam, the fast of Ashura (the tenth of Muharram) was obligatory, as is evident from the attention given to it and the command for those who had eaten to observe the fast for the remainder of the day. This is because, in voluntary (nafl) fasts, there is no such concept that after eating in the morning, one should complete the fast, as Ibn Qayyim rahimahullah has clarified in (Tahdhib al-Sunan: 3/327). Furthermore, from other ahadith on this subject, it is also known that the fast of Ashura was obligatory, and after the obligation of the fasts of Ramadan, the fast of Ashura was rendered recommended (mustahabb).

(Second): … For a person upon whom fasting becomes obligatory after the time of suhur (pre-dawn meal) has passed, for example: if after the time of suhur has passed, an insane person regains sanity, a child reaches puberty, a disbeliever embraces Islam, or news of the sighting of the Ramadan crescent is received. In all these cases, when fasting becomes obligatory upon these individuals, it is sufficient for them to make the intention at that time, even if they have already eaten or drunk. These states of necessity are excepted from the following hadith: ((Man lam yujmi‘ al-siyam qabla al-fajr fala siyama lahu.)) “Whoever does not resolve to fast before dawn, there is no fast for him.” This is a sahih hadith; I have presented its verification in (Sahih Abi Dawud: 2118). The deduction we have made from this hadith is also the opinion of Imam Ibn Hazm, Imam Ibn Taymiyyah, Imam Shawkani, and other researchers.

Objection: … This hadith pertains to the day of Ashura, whereas the claim made from it regarding Ramadan is general?

Answer: … In terms of wording, this objection is correct, but in reality, the fast of Ashura was also obligatory and the fasts of Ramadan are also obligatory; the common attribute between them is obligation, therefore our deduction is correct. Abu al-Hasan al-Sindi said in the marginal notes of Sunan Ibn Majah: Among the ahadith that indicate the obligation of the fast of Ashura, there is a hadith according to which the Prophet sallallahu alayhi wa sallam gave such importance to this fast that it necessitates its being obligatory. Yes, it is correct that other ahadith testify to the abrogation of this fast, and there is consensus among the scholars of the ummah regarding its abrogation. However, despite the abrogation of this fast, it is correct to deduce from it that the intention for an obligatory fast can be made during the day. In response to this deduction, it cannot be said that since the fast of Ashura has been abrogated, deducing anything from this hadith is meaningless, because we say that this hadith indicates two matters:
(1) The fast of Ashura was obligatory, and
(2) The intention for an obligatory fast can be made during the day.
The first ruling has been abrogated, but the abrogation of the first does not necessitate the abrogation of the second.

One issue still remains, and that is: it is obligatory for Muslims to make the intention for fasting at night when they have knowledge of the fast. If, after the break of dawn, at some point during the day, it becomes known that today is the first of Ramadan, then in such a case, it becomes necessary to make the intention at that very time. If, during the night, knowledge of the sighting of the Ramadan crescent is obtained, then it is obligatory to make the intention for fasting before suhur.

I (al-Albani) say: This is the correct reconciliation and application among the various legal texts. The summary of the discussion presented by Imam Ibn Hazm in (al-Muhalla: 6/116) is also this; at the end of his discussion, he said: This is also the position of a group among the Salaf, as ‘Abd al-Karim al-Jazari narrates that some people, after the morning of the first of Ramadan had arrived, testified that they had seen the crescent at night. Considering their testimony valid, ‘Umar ibn ‘Abd al-‘Aziz enforced this ruling: Whoever has eaten or drunk should abstain for the remainder of the day, and whoever has not eaten or drunk should complete the fast of that day. (al-Musannaf by Ibn Abi Shaybah: 3/69, and its chain is sahih according to the conditions of the two Shaykhs [al-Bukhari and Muslim])

This is also the position of Shaykh al-Islam Imam Ibn Taymiyyah rahimahullah; he says in (al-Ikhtiyarat al-‘Ilmiyyah: 4/63): It is also permissible to make the intention for an obligatory fast during the day, but this ruling is for the person who did not know of the obligation of fasting at night, and after the break of dawn, at some point during the day, through testimonies, it became known that the crescent of Ramadan had been sighted at night. Such a person should complete the fast for the remainder of the day; there is no need for him to make it up (qada’), even if he has eaten or drunk.

Then Imam Ibn Qayyim and Imam Shawkani also adopted this position. Whoever desires a detailed discussion should study the following books: Majmu‘ al-Fatawa: 25/109, 117–118; Zad al-Ma‘ad: 1/235; Tahdhib al-Sunan: 3/328; Nayl al-Awtar: 4/167 (Sahihah: 2624).