ijma'

The Book of Fasting and Seclusion from Al-Ijma’ of Imam Ibn Al-Mundhir

Translated
Abu Sinan
Checked & Revised
Abu Khuzaimah Ansaari

The Author

He is Al-Imam, Al-Hafidh, Al-‘Allamah, Shaykh Al-Islam Abu Bakr Muhammad bin Ibrahim bin Al-Mundhir An-Naysaburi Al-Faqih, author of ‘Ishraf fi Ikhtilaf Al-‘Ulama’ and ‘Al-Ijma’. Imam Adh-Dhahabi mentions he took from the companions of Imam Ash-Shafi’i and that he was born around the death of Imam Ahmad bin Hanbal, and he passed away in the year 318H in Makkah, may Allah have mercy on him.

(Siyar A’lam An-Nubala 14:491)

Kitab As-Siyam wal-I’tikaf – The Book of Fasting and Seclusion

  • The People of Knowledge have agreed that whoever intends to fast every night from the fasts of the month of Ramadan, then fasts, then his fast is complete
  • And they have agreed upon the desirability of suhur (the pre-dawn meal) for the one who is fasting
  • And the People of Knowledge have not differed on the fact that Allah has made intercourse, eating, and drinking haram (prohibited) upon the one that is fasting during the day
  • And they have agreed that there is nothing due upon the one that vomits uncontrollably while fasting
    • Al-Hasan Al-Basri is alone in his saying: It is upon him to make up the fast
    • And he agreed [with the consensus] in another narration¹
  • And they have agreed that the fast of the one who vomits intentionally is nullified
  • And they have agreed that there is nothing due upon the one that swallows the saliva that flows between his teeth (i.e., in his mouth), from what he is unable to avoid
  • And they have agreed that when a woman is required to fast two months in a row (i.e., as an expiation) and she fasts some of it, then her menstrual cycle begins, then she can continue her fasts building on top of the previous ones when she is pure again
  • And they have agreed on the permissibility for elderly men and women to break their fasts²
  • And the People of Knowledge have agreed that the fast on these two days (‘Eid Al-Fitr, and ‘Eid Al-Adha) are prohibited 
  • And they have agreed that i’tikaf (seclusion in the masjid) is not obligatory upon the people, except for the person that makes it obligatory upon himself with a vow, then it is obligatory upon him
  • And they have agreed that i’tikaf is permissible in Masjid Al-Haram (Makkah), Masjid Ar-Rasul (Madinah), and Baytul Maqdis (Masjid Al-Aqsa)³
  • And they have agreed that the one in the state of i’tikaf is allowed to leave to answer the call of nature
  • And they have agreed that the one in the state of i’tikaf is prohibited from engaging in relations with his wife (i.e., kissing, embracing, etc.)
  • And they have agreed that the one who is in a state of i’tikaf and engages in intercourse, deliberately doing so, has invalidated his i’tikaf.

(Al-Ijma’ of Ibn Al-Mundhir p.58-60, Maktabah Al-Furqan & Maktabah Makkah Thaqafiyyah,
1999CE/1420H, 2nd edn.)

¹ TN: ‘Abdur-Razzaq narrated in his Musannaf: from Mu’ammar, from Az-Zuhri, from Hafs, from Al-Hasan who said, “Whoever vomits intentionally has broken his fast, and it is upon him to make it up, and whoever vomits uncontrollably, then he has not broken his fast.” (4:215, no.7550)

² TN: Ibn ‘Abbas (may Allah be pleased with him) said, “The elderly man has been granted concession to break his fast, and he is to feed a poor person everyday, and he does not need to make it (the fast) up.” (Sunan Ad-Daraqutni 2:205, Mustadarak Al-Hakim 1:440, and Imam As-San’ani authenticated it in Subul As-Salam 2:260)

³ TN: Ishaq bin Mansur Al-Kawsaj said, “I said, Which Masjid is I’tikaf performed in?”, Imam Ahmad replied, “In every Masjid in which the [congregational] prayer is established.” (Masa’il Imam Ahmad bin Hanbal wa Ishaq bin Rahawayh in the rescension of Ishaq bin Mansur Al-Kawsaj, no.714 1:297, Dar Al-Hijrah edn.)

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