Bukhari

Hadith Commentary:
In the aforementioned situation, as expiation, the first option was set as the freeing of a slave, the second option as fasting for two consecutive months, and the third option as feeding sixty needy people. Even now, in such a circumstance, these three options remain established. Since the mentioned individual expressed his inability to fulfill each of these options, in the end, the Messenger of Allah (sallallahu alayhi wa sallam) found another solution for him, but even then, he himself expressed his poverty.

The Messenger of Allah (sallallahu alayhi wa sallam) felt compassion for his pitiable state, and under this mercy and kindness, he (sallallahu alayhi wa sallam) said what is mentioned here.

According to Imam Bukhari (rahimahullah), even now, if such a situation arises, this ruling remains applicable.

Some people have considered this ruling to be specific to that individual and have thus declared it abrogated, but the inclination of Imam Bukhari (rahimahullah) is evident from this chapter.

Hadith Commentary:
(1)
The position of the majority of hadith scholars is that due to insolvency and poverty, the expiation (kaffarah) is not waived. The Messenger of Allah (sallallahu alayhi wa sallam) granted those dates to him as charity so that he could feed his family. You did not absolve him from the obligation of expiation.
(2)
Some scholars hold the view that due to hardship, the expiation will be waived, just as the charity of Fitr (Sadaqat al-Fitr) is waived due to poverty. However, Sadaqat al-Fitr cannot be analogized to this, because Sadaqat al-Fitr has a specific time, after which it is automatically dropped, i.e., it must be given before the Eid prayer, whereas for this expiation there is no fixed time. However, in one hadith it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam) said to him:
“Eat it yourself and feed your family with it; Allah has accepted it as expiation on your behalf.”
But this hadith is not a valid proof, therefore, expiation will not be waived for the needy and poor. The Messenger of Allah (sallallahu alayhi wa sallam) gave him this charity to spend on his family, but as for the expiation, it will be fulfilled when his circumstances improve.
(Fath al-Bari: 4/219)
(3)
Some scholars have adopted the position that for intercourse, only one expiation is sufficient for both the man and the woman, because the Messenger of Allah (sallallahu alayhi wa sallam) did not clarify otherwise, even though clarification was needed. However, if the woman willingly participated in this act, then a separate expiation will be obligatory upon her. The Messenger of Allah (sallallahu alayhi wa sallam) did not mention the woman because perhaps the woman was coerced, or she forgot about the fast, or she was excused due to some excuse, illness, travel, young age, insanity, or menstruation, or she became pure from menstruation during the day. All these possibilities exist. In the presence of these possibilities, the argument that expiation is not obligatory upon the woman is questionable.
(Fath al-Bari: 4/217)

Hadith Commentary:

In another narration, it is stated: "Then eat yourself and feed your family as well." Thus, the Prophet sallallahu alayhi wa sallam gave precedence to feeding the man's family over the payment of expiation, or the man, while being obligated to pay the expiation, made arrangements for his family's expenses and expressed their neediness. If feeding his family had not been necessary, he would have considered giving those dates in charity as preferable.

‘Uraq refers to such a sack that can hold fifteen sa‘ (a measure) of dates.

From this hadith, in today's era of inflation, there emerges great ease for the general Muslims, as people are severely troubled by high prices and many deaths are occurring due to hunger. In such delicate times, it is the duty of the scholars to pay special attention to such poor people in matters of charity and almsgiving; the same principle applies in the case of sadaqat al-fitr and similar acts.

Hadith Commentary:
(1)
In another narration, it is stated: "You should eat, and feed your family as well."
(Sunan Abi Dawud, Divorce, Hadith: 2217)
The Messenger of Allah (sallallahu alayhi wa sallam), considering his poverty, gave precedence to feeding his family over the expiation (kaffarah).
If it had not been necessary to feed his household, he would have given those dates in charity.
(2)
From this, it is understood that for a person in straitened circumstances, spending on his family and dependents takes precedence over giving charity and alms.
Nowadays, people are greatly troubled by inflation.
In such delicate circumstances, it is the duty of the scholars ('ulama) to take into consideration, in matters of charity and almsgiving, those devastated people whose hearths remain cold and whose children long for bread.
Wallahu al-musta'an (And Allah is the One whose help is sought).

Hadith Commentary:
In this hadith as well, the laughter of the Prophet (sallallahu alayhi wa sallam) is mentioned.

Hadith Commentary:
The purpose here is that in a gift (hibah), taking possession of the item is sufficient; there is no need to verbally declare acceptance. However, according to Imam Shafi‘i rahimahullah, offer and acceptance (ijab wa qubul) from both parties are necessary in a gift (hibah); without this, the gift is incomplete.
But his position is less preferred (marjuh).
In this narration, it is mentioned that the man took possession of the basket of dates; he did not verbally declare acceptance, and merely by doing this, the gift (hibah) was effected.
To impose the condition of offer and acceptance in every transaction is tantamount to making one’s life difficult; yes, if it is an important matter, then the condition of offer and acceptance can be stipulated, as we have explained regarding marriage (nikah).
It should be noted that according to Imam Bukhari rahimahullah, the ruling for charity (sadaqah) and gift (hibah) is the same, because these dates were given as charity (sadaqah) and have no connection with the technical (istilahi) definition of gift (hibah).

Hadith Commentary:
(1)
The purpose of Imam Bukhari rahimahullah in citing this hadith is that just as the person mentioned in the hadith performed an act that invalidated the fast, and the Messenger of Allah sallallahu alayhi wa sallam instructed him to offer expiation (kaffarah), similarly, in the case of an oath (qasam), if someone does an act contrary to the oath, he will also be required to give expiation for the oath. Although the expiation mentioned in this hadith is for breaking the fast of Ramadan, the expiation for an oath can be analogically deduced from it.

(2)
From the apparent wording of the Noble Qur’an, it can be understood that expiation becomes due immediately after the oath, as Allah the Exalted says:
﴿ذَٰلِكَ كَفَّارَةُ أَيْمَانِكُمْ إِذَا حَلَفْتُمْ﴾ “That is the expiation for your oaths when you have sworn.” ()
Imam Bukhari rahimahullah, through this hadith, has clarified the meaning of the Qur’anic verse: that expiation becomes obligatory when an act contrary to the oath is committed, just as the expiation for breaking the fast became obligatory when the person did an act that invalidated the fast.

(3)
It should be clear that the expiation for breaking the fast is sequential (in order): first, one must free a slave; if he is unable, then he must fast for two consecutive months; and if he is unable to do even that, then he must feed sixty needy people. However, in the case of expiation for an oath, there is a choice: he may either feed ten needy people, or clothe them, or free a slave. If he is unable to do any of these, then he must fast for three days.
And Allah knows best.

Hadith Commentary:
All relatives, both distant and close, among the household are included. Although this hadith is mentioned in the chapter regarding the expiation (kaffarah) of Ramadan, the expiation for breaking an oath (kaffarah al-yamin) has also been analogized upon it.

Hadith Commentary:
(1)
One of the ways to fulfill the expiation (kaffarah) for an oath is to feed ten needy people (masakin). This is general, whether those needy are close relatives or distant relations, because the Messenger of Allah (sallallahu alayhi wa sallam) said to the one giving expiation for Ramadan: "Take this (basket of dates) and feed it to your family." In "family" (ahl bayt), all relatives, both near and distant, are included.

(2)
Although this hadith is regarding the expiation for Ramadan, Imam Bukhari (rahimahullah) deduced the aforementioned ruling for the expiation of oaths by analogy with it. When it is permissible to give expiation to needy close relatives, then those with more distant ties are even more deserving of it. Hafiz Ibn Hajar (rahimahullah) states that this deduction is according to the opinion of the one who holds that expiation can be given to one's household. However, according to the opinion that the Messenger of Allah (sallallahu alayhi wa sallam) gave it as charity (sadaqah) and the expiation itself remained due upon him, this deduction would not be correct. (Fath al-Bari: 11/727)

(3)
It should be noted that expiation (kaffarah) can be given to those relatives for whom the responsibility of maintenance (nafaqah) does not fall upon the one giving the expiation. If their support is his obligation, then it is not permissible to give them expiation, just as it is not permissible to give zakat to one's wife. And Allah knows best. (‘Umdat al-Qari: 15/754)

Hadith Commentary:
By presenting this hadith, Imam Bukhari rahimahullah has established that expiation (kaffarah) is obligatory upon every individual, even if he is destitute.
This person was extremely needy, yet the Messenger of Allah sallallahu alayhi wa sallam did not say that expiation is waived for you.
Rather, he assisted him in fulfilling the expiation.
‘Uraq’ refers to the basket in which fifteen sa’ of dates can be contained.

Hadith Commentary:
(1)
Expiation (kaffarah) is obligatory upon every person who commits an act contrary to an oath, even if he is destitute. Poverty cannot be a reason for exemption. Thus, according to the aforementioned hadith, the person who committed an act invalidating the fast was extremely poor and needy, as is evident from his statement. Despite this, the Messenger of Allah (sallallahu alayhi wa sallam) did not exempt him from expiation; rather, he assisted him in fulfilling the expiation.

(2)
Imam al-Bukhari (rahimahullah) has made an analogy between the expiation for breaking an oath and the expiation for breaking the fast of Ramadan. In any case, poverty will not be a reason for exemption from expiation; expiation must be fulfilled in every circumstance. If someone is needy, assistance can be provided to him in fulfilling the expiation, but there is no exemption for it in the Shari‘ah. And Allah knows best. (Fath al-Bari: 11/727)

Hadith Commentary:
From this, some have deduced that the expiation (kaffarah) is waived for the destitute, whereas according to the majority, the expiation is not waived due to poverty. As for feeding one's family, Zuhri said that this was specific to that man. Some have said that this hadith is abrogated. Now, there is a difference of opinion regarding whether making up (qada) the fast is also obligatory along with giving the expiation for the fast or not.

According to Shafi'i and most scholars, making up the fast is not obligatory, and Awza'i said that if the expiation is fulfilled by fasting two consecutive months, then making up the fast is not obligatory.
If the expiation is fulfilled by any other means, then making up the fast is obligatory. According to the Hanafis, in every case, both making up the fast and expiation are obligatory.
(Wahidi)

Hadith Commentary:
(1)
There is no contradiction between this heading and the previous one, because the purpose of the previous heading was to show that poverty and hardship do not absolve one from the obligation of expiation (kaffarah), and the meaning of this heading is whether a poor person has the right to use the property given as expiation from the charity (sadaqah) funds for himself as expiation, or only as general charity. According to us, he will have to give the expiation later, and his use of this property is only in the sense of general charity.

(2)
There is a difference of opinion regarding whether such a person must make up (qada) the fast that was invalidated along with the expiation (kaffarah) or not. According to Imam Shafi'i and most scholars, making up the fast is not necessary. Imam Awza'i said: If he observes two consecutive months of fasting as expiation, then making up the fast is not necessary; but if he gives any other form of expiation, then making up the fast is obligatory. However, in some narrations it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam) said to him: "Observe a fast for one day." Although individually these narrations are weak, collectively it appears that there is indeed a basis for this. And Allah knows best. (Fath al-Bari: 4/220)
In the narration of Sunan Ibn Majah, it is mentioned that the Messenger of Allah (sallallahu alayhi wa sallam) said to him: "In its place, observe a fast for one day." (Sunan Ibn Majah, al-Sawm, Hadith: 1671)
In the narration of Sunan Abi Dawud, these words are found: "Observe a fast for one day and seek forgiveness from Allah." (Sunan Abi Dawud, al-Sawm, Hadith: 2393)
From these narrations, it is understood that for having intercourse during fasting, both expiation (kaffarah) and making up the fast (qada) are obligatory.

(3)
From the narrations, it is evident that when that man came, he was pulling out his hair and beating his chest, and he was also putting dust on his head and striking his cheeks. All these actions were due to the intensity of his remorse. Apart from this, it is prohibited to pull out hair and strike the cheeks at the time of calamity. (Fath al-Bari: 4/210)

Benefits and Issues:
➊ Engaging in intercourse during the day in Ramadan necessitates, in order, one of the three expiations mentioned above. That is, firstly, freeing a slave; if that is not possible, then fasting for two consecutive months; and if that too is not possible, then feeding sixty needy people. And one should never neglect seeking forgiveness (istighfar) in any case. The majority of scholars state that this expiation is only required due to intercourse, not for breaking the fast in any other manner. However, Imam Malik and Imam Abu Hanifah rahimahullah and their companions obligate the aforementioned expiation for breaking the fast in any manner.

➋ In fulfilling this expiation, the order should be observed, because the Messenger of Allah sallallahu alayhi wa sallam prescribed the second and then the third expiation only upon the excuse for the first.

➌ In the case of feeding the needy, the number sixty must be completed; one should not fulfill the number by feeding a few needy people at different times.

➍ There is a difference of opinion among the scholars regarding this incident. One group inclines to the view that the expiation was forgiven for the mentioned Companion due to his poverty, while others say that the expiation was only postponed until he became able, and was not completely forgiven. And Allah knows best.

Benefits and Issues:

➊
If one intentionally engages in intercourse while fasting, the fast is broken and expiation (kaffarah) also becomes obligatory.

➋
The amount of expiation is to free a slave, male or female.
If one is unable to do so or a slave is not available,
then he must fast for two consecutive months; if he is unable to do even this, then he must feed sixty needy people.

➌
If a person is unable to offer expiation in any way,
then the expiation is waived for him.
Because the Messenger of Allah (sallallahu alayhi wa sallam) did not instruct that Companion (radi Allahu anhu) to eat the dates himself for now and fulfill the expiation later.

➍
If a destitute person becomes liable for expiation due to some Shari’ah violation, then Muslims should assist him so that he can fulfill the expiation.

➎
If a person is remorseful over his mistake,
then instead of further shaming him, one should show compassion towards him
and present the Shari’ah solution to his issue.
The distress of the person mentioned in the hadith is evident from his words when he said (هلكت)
“I am ruined.”
His condition is described even more clearly in another narration:
Abu Hurayrah (radi Allahu anhu) said that a Bedouin came, beating his face,
pulling his hair,
and saying, “I am utterly ruined.”
(Musnad Ahmad: 2/516)

➏
How many dates were in that basket?
Regarding this, Imam Malik rahimahullah has transmitted from Sa’id ibn al-Musayyib rahimahullah
that their amount was between fifteen and twenty sa’ (a measure). (Muwatta’ Imam Malik, Book of Fasting, Chapter: Expiation for Breaking the Fast in Ramadan 1/274, Hadith: 673)
In Sunan Abu Dawud, in one narration it is fifteen sa’, and in another, twenty sa’ is reported. (Sunan Abu Dawud, Book of Fasting, Chapter: Expiation for One Who Has Intercourse with His Wife in Ramadan, Hadith: 295)
Its approximate weight is one mann (a traditional weight measure).

➐ (وَصُمْ يَوْماً مَكَانَهُ)
Regarding the phrase “and fast one day in its place,” Muhammad Fuad Abdul Baqi has written that in its chain of narration is a narrator, ‘Abd al-Jabbar ibn ‘Umar,
who is weak.
However, Shaykh al-Albani rahimahullah has discussed this phrase in detail in Irwa’ al-Ghalil,
and finally wrote: (وَبِمَجْمُوع هٰذِهِ الطُّرُق تعرف أنَّ لهٰذِهِ الزَّيَادَةِ اصلا)
That is, when all the chains of this narration are considered together,
it becomes clear that this addition does have some basis.
For details, see: (Irwa’ al-Ghalil: 4/88, 93, No. 939)
Therefore, caution and piety dictate
that the fast which was broken should be made up, so that the number of fasts for the month is completed.

➑
The aforementioned expiation is only obligatory in the case of intercourse (jima’).
In other cases, it is not obligatory.
Imam Malik rahimahullah, Imam Abu Hanifah rahimahullah, and their companions consider expiation obligatory for breaking the fast in any way.
Whereas the other Imams restrict this expiation to intercourse only.
This latter view appears to be more correct.
Furthermore, Shaykh Ibn al-‘Uthaymin rahimahullah has written regarding this that along with expiation, the fast must also be made up. (See Fatawa Islamiyyah (Urdu), 2/191, published by Darussalam)

Hadith Authentication:
[وأخرجه مسلم 111/83، من حديث ما لك به ورواه البخاري 1936، من حديث ابن شهاب الزهري به]

Jurisprudential Explanation:
➊ If a person deliberately breaks the fast without any valid Islamic excuse, then Abu al-Sha'tha Jabir ibn Zayd and Sa'id ibn Jubayr said: "He will fast one day in place of it." [مصنف ابن ابي شيبه 105/3ح 9775 وسنده صحیح، وطبعه جديدہ 110/3 ح 12576،، وسنده صحیح]
● Ibrahim al-Nakha'i said:
"He should fast one day and seek forgiveness from Allah." [مصنف ابن ابي شيبه 12577 وسنده صحيح]
➋ Some scholars, deducing from this hadith, have said that whoever deliberately breaks the fast must fast for two consecutive months in place of one day.

Lexical Explanation 549:
جَاءَ رَجُلٌ — A man came. The name of this person was Salman or Salamah bin Sakhr al-Bayadi.
وَقَعتُ عَلَی امرَأَتِی — I fell upon my wife, meaning he had intercourse (jimaa‘) with her. In the hadith of Aisha radi Allahu anha, it is mentioned that this man said: “I had intercourse (wati) with her.” And his saying, “I am ruined (halaktu),” is evidence that he was aware of the prohibition of intercourse with one’s wife while fasting, and he did this intentionally. Therefore, this hadith cannot be used to derive a ruling for someone who had intercourse forgetfully.
رَقَبَۃٌ — A slave man or woman. This is in the accusative case because it is a substitute for مَا in مَا تُعتِقُ.
فَأُتِیَ — This is in the passive voice. He was brought to the Prophet sallallahu alayhi wa sallam.
بِعَرَقٍ — Both the ‘ayn and the ra’ have a fatha. It means a large basket.
فِیہِ تَمرٌ — In which there were fifteen saa‘, that is, sixty mudd, of dates.
أَعَلٰی أَفقَرَ — In أَعَلٰی, the hamzah is for interrogation and ‘ala is a preposition, meaning: “Should I give charity to someone who is poorer than me and my family?”
فَمَا بَینَ لَابَتَیھَا — In لَابَتَیھَا, لَابَۃ is dual, and the ba’ has a fatha, meaning: land in which there are black, decayed stones, as if it has been burned by fire. The pronoun “ha” refers to Madinah Tayyibah. By لَابَتَان, the two well-known volcanic fields (harra) are meant, which are on the eastern and western sides of Madinah Tayyibah. One is called Harrat al-Waqim and the other Harrat al-Wabrah. Madinah Tayyibah is situated between these two. Therefore, by لَابَتَینَ, Madinah Munawwarah is meant, i.e., in Madinah there is no household more in need of these dates than mine.
أَنیَابُہُ — This is the plural of نابٌ. These are the teeth that are adjacent to the incisors (rabā‘ī). The rabā‘ī are the teeth next to the front teeth (thanāyā). Thanāyā refers to the two front teeth, upper and lower.
أَطعِمهُ ، أَھلَکَ — Feed it to your family.

Benefits and Issues 549:
➊ From this hadith, Imam Awza‘i rahimahullah and, according to one opinion, Imam Ahmad rahimahullah have deduced that the indigent person is not obligated to offer expiation (kaffarah). However, Imam Malik, Imam Shafi‘i, Imam Abu Hanifah, Imam Thawri, and Imam Abu Thawr rahimahullah say that this deduction is not correct; expiation must be fulfilled in any case when possible. The Prophet sallallahu alayhi wa sallam mentioned expiation to him. Due to his poverty, the dates were given to him as charity, not as expiation. There is absolutely no mention in this hadith that the Prophet sallallahu alayhi wa sallam dropped the obligation of expiation for him. And the narration of Ali radi Allahu anhu in which the dropping of expiation is mentioned is extremely weak and not suitable for evidence.
➋ Although this hadith does not mention the command to make up (qada) the fast, in other ahadith the command for qada is present, as in the narration of Sunan Ibn Majah: وَصُم یَومًا مَکَانَہُ — “Fast one day in its place.” Shaykh al-Albani rahimahullah writes regarding this phrase that if all the chains of this narration are considered, it becomes clear that it definitely has some basis. See: [ أرواء الغليل : 93-88/4 ، رقم : 939]
On this basis, the four Imams and the majority of scholars hold that in such a case, both men and women must make up the fast. Caution and piety dictate that the fast which was broken should be made up so that the number of days in the month is completed. However, if the woman was not fasting, then qada is not obligatory upon her.
➌ Hafiz Ibn Hajar rahimahullah has mentioned in Fath al-Bari that some scholars have discussed this hadith in two volumes and have derived a thousand benefits and issues from it.

Benefit:
In this hadith, the expiation (kaffarah) for having intercourse with one's wife while in the state of fasting is mentioned. Furthermore, this hadith also establishes that if a person is truly unable to fulfill the expiation himself, and genuinely lacks the ability, then another person may perform the expiation on his behalf.