Abu Taymiyyah – Fiqh Of Fasting Part 6 Kissing & Other Disliked Matters Hanbali
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AI: Transcript ©
In this sit, we are going to be
speaking about the
and also
the mustahabbat.
The act that is makru,
disliked for one to engage in while fasting.
And also the acts that are mustahab,
that which is a sunnah, a recommended act
for a person to do. And also inshaAllah
ta'ala we're going to be slightly touching on
that which is haram for 1 to engage
in while fasting.
1st and foremost, I'll read out the lines
of poetry inshaAllah ta'ala, then I'll break each
line of poetry down,
so we can all comprehend it.
The poet Rahim Allahu Ta'ala he says,
'May Allah
preserve him.'
First thing that the
poet Hafidullah Wa Ta'ala Wa Rahima he mentions
is
That which is disliked for a
sign. The first point that he mentions is
To gather the saliva in your mouth,
or your spit in your mouth,
and then swallowing it down your throat.
If one he gathers the saliva, the spit
in his mouth,
and then swallows it,
This is from the aqsaawat
Makru.
In the madhaba
ileal
Ta'ala Ta'ala.
Ta'ala. Ta'ala.
But if this individual now,
he pushes the spit that was in his
mouth all the way
in between his lips,
or he takes it out,
and then puts it back into his mouth
again. In the madhab of Imam Mahamud Rahimullah
Wa Ta'la this is haram.
This is haram.
But if he swallows it,
he has now invalidated his fast.
I'll repeat again.
To gather the spit in your mouth
and swallow it,
this is an
But if it now comes up to what?
His lips,
or he brings it out,
and puts it back into his mouth again,
this is an act that is
haram.
But if he now swallows it,
this will invalidate
his fast after he's brought it
in between his lips
or he took it out of his mouth
then pulled it back in and swallowed it.
Do you guys get the difference?
When it's going to be makru and when
it's going to be an
act that invalidates his fast. Waadeh.
Taib, what about mucus?
In the Madhavi Muhammad If
1, he brings out the mucus whether this
originates now from his chest, or his throat,
and he comes into his mouth
and then swallows it back up again
or back down again.
This is now going to invalidate his fast.
So you got 2 cases,
him
pushing out the mucus,
or the phlegm, whatever you want to call
it.
He pushes it up into his mouth. The
second case is he actually takes it out,
and he puts it in between what? Maybe
some tissue.
If he now puts it back in his
mouth
and swallows it up, this has now invalidated
his fast.
The mucus just You need to spit out.
Spit it out. Yeah. You need to spit
out. That individual now is brought into his
mouth and then swallowed it up again.
That is not going to invalidate his fast.
The second
issue that he mentioned that is from the
is
the taste food.
It is the taste food.
If he taste when there is no need
for him to taste,
it is going to be
So we understand from that if he tastes
food because of there being a need for
him to do so, then that is not
makru.
Okay? And if that individual now
after tasting it, okay, he begins to feel
that taste in his throat.
This has now invalidated his fast.
I'll give you guys a couple of examples.
An individual who is cooking now for his
household
goes to a shop, goes to a local
Tesco,
they sell cheese, right?
That sometimes can be sliced up for you.
Or they have different types of food when
they're selling it in the
butcher section.
Okay? So he goes to the cheese section
and he wants to check the level of
salt in that cheese he wants to buy.
Is there a need for him now to
taste that
cheese? He's the one that's cooking for the
household.
And he wants to check how much salt
or the level of salt in which he
wants to buy. There is a need for
him.
So now he taste some. Okay, he taste
it.
Is that okay for him to do so?
The answer is yes. And it's not makru.
It is only makru
if there is no need for him to
do so. Then goes out and taste it.
And that's when it becomes disliked.
Or a woman now that is in the
kitchen,
mother or wife.
She's cooking some soup
and
she wants to taste the level of
salt that is found in the soup that
she's making.
Or maybe the tea that she's cooking.
She wants to,
you know, know the level of sugar that
is in there.
If
there is a need, then this is Omakru.
If there is no need, like an individual
who walks into the shop
or he walks into the kitchen and decides
to taste it. Is there a need for
him to do so? The little kid who's
running around in the house?
There is no need.
In that case my brothers and my sisters
it becomes
In his case it is But
that individual now
who tastes it whether there's a need or
not
and then tastes
whatever he put in his mouth
and he begins to feel that in his
throat, That is not going to invalidate his
fast.
Ibn Abbas radiAllahu ta'ala anhu, and you can
find this in the musannafaribnabishaiba.
He said, it's an Abbas. There is no
harm for one to
taste the alqidr.
An Alqidr
is
The food that has been cooked.
For him to taste in order to see
if that,
you know, if there's something that is needed
to add or to take or whatever,
in that case, it's perfectly fine as Ibn
Abbas radiAllahu ta'ala anhu mentions. In another moment,
nabasa radiAllahu ta'ala Anhu was asked. He said,
There's no problem in him tasting vinegar,
as long as it doesn't reach his throat
or he doesn't taste in his throat.
So based on this they said,
okay, this is where the discussion broke up
based on some of these narrations in Abbas
radiAllahu ta'ala.
Taib.
The next point that he mentions is
Let's now speak about the issue of elk.
This is the other act that the Sheikh
now here is mentioning to be from the
Makruhad.
The issues that are disliked.
What is an ilk?
An ilk is a solid substance
that is chewed.
A solid substance that is chewed.
So you have a solid substance that one
may chew that dissolves in his mouth.
And then you have a type that doesn't
dissolve in his mouth.
If this solid substance now
does not dissolve in his mouth, then this
is what?
I'll explain further insha Allahu Ta'ala and break
it down.
For example, a piece of chewing gum.
This is a solid substance, right?
You with me guys?
A piece of chewing gum.
We have different types of chewing gum. We
have a type of chewing gum
that has a taste, right? And we have
a type of tuban or a chewing gum
that doesn't
have any taste with it. Are you with
me my brothers, my sisters?
Taib. The madhhab states,
if the sole substance that one is chewing
does not dissolve in his mouth,
then it is fine.
It is what? It is
But if this is now a solid substance
that dissolves in his mouth,
this now becomes haram for him to chew.
This now becomes haram for him to chew.
Are you with me, guys? It becomes haram.
And also,
whether this is something now that dissolves or
not, if it now reaches his what? His
halk,
his throat, then this is now going to
invalidate his fast.
You with me guys? It's tayib. There's an
issue that the Ma'asireen,
the contemporary scholars they discussed and that is
the toothpaste.
And obviously you have the ilk, that was
something they used to chew
in the,
previous times. Right? This was something that they
discussed
and I'm sure they didn't have chewing, they
didn't have toothpaste. Toothpaste is a contemporary issue,
at least, a Gaelic. Did they have toothpaste
in the past? The answer is no.
They said the issue of toothpaste
is similar to the It
is similar to that solid substance that one
might chew that dissolves in his mouth.
So using this as analogy,
in the madhab of Imam Ahmed or him
Allah,
using toothpaste while fasting would become haram.
And if he was to now taste that
in his halk,
this would what? Invalidate his fast. So this
is why they say it is better
that one doesn't use toothpaste
until after
he breaks his fast.
And this is safer for him.
This is safer for him and his fast.
Why? Because this toothpaste that a person uses
has
has a very strong effect.
Are you with me my brothers and my
sisters? Even though some of the other scholars
they mentioned otherwise,
but here can you see
how the analogy is made with this contemporary
issue and something that was discussed previously in
the past in the books of fiqh.
The next issue that is discussed is from
the
The
next issue that is discussed is kissing the
wife.
They mentioned that kissing the wife
is from the makruhat.
It's from the issues that are disliked.
Okay?
If this individual now
thinks that he's going to *
based on him kissing his wife, or fondling
with his wife, or anything similar to that,
then that is haram.
If he thinks
if he thinks that he's going to *,
then it is haram.
In his case, it's going to be haram.
Let me just inshallah to'ala explain what haram
technically it means.
We already explained magruh. Right? And then you
have also
the scholars of Usur Al Fikhday
define
this
which is a tahreem.
What is the definition for tahreem?
Is that which
the legislator
has imposed upon the individual who's religiously obliged
to leave off?
Are you with me guys?
Is that which
the legislator
has imposed
upon the one who is religiously obliged to
leave off.
What was the makru?
When
it is defined they say,
So repeat again.
Okay. I'll first repeat.
Okay. I'll first repeat,
When something is
the scholars of usul al bhiq, they define
it to
be
is that which the legislator
has requested from the one who's religiously obliged
to leave off,
but he doesn't impose upon him.
There's a keyword here. He doesn't impose it
upon him.
The one who leaves it off,
gets rewarded for it.
If he does this or if he leaves
it off for the purpose of imitating the
messenger salallahu alayhi wasalam.
And the one who does it, he doesn't
get punished for it.
The one who does it, he doesn't get
punished for it.
As for tahrim,
something being haram.
Is that which the legislator
has imposed
upon the person who's religiously obliged to leave
off.
The one who leaves off,
out of him fearing Allah Subhanahu Wa Ta'ala
wanting to imitate that which the Sharia has
requested from him to leave off, gets rewarded
for it.
And the one who
does that act,
he deserves to be punished.
He deserves to be punished.
When you say haram, haram, does it then
invalidate the fast or you can still do
haram while fasting? You can do haram, but
it doesn't invalidate. This is why more than
once, when I mentioned
that methylene, chewing that solid substance that dissolves
in your mouth.
I mentioned it's haram. Right?
But then I also mentioned it invalidates only
if it reaches your halk.
What the heck guys?
So now the issue about the qubla.
One kissing
his wife.
The one who
shahwa is going to become aroused.
It's It's going to increase.
They say that it is magru. In his
case they say it is magru.
But they say it is haram in wannna
in zala.
If this individual
basically maybe because of previous interactions with the
opposite gender,
him kissing the opposite gender is now going
to cause him now what? To release straight
away. He's a weak guy.
If he thinks that he's going to come
out,
then it is haram in his case.
And if it now comes out, then that's
when it becomes invalidated.
So it's totally dependent
on its fast becoming invalidated
if it comes out.
Let's now establish that the messenger salallahu alaihi
wa sallam kiss his wife.
You have a number of hadith. You have
the hadith of
Aisha radhiallahu ta'ala Anha that was narrated by
Ibn Khuzaima.
She said,
The messenger sallallahu alaihi wa sallam
started coming towards me in order to kiss
me.
So then I said to the messenger salallahu
alaihi wa sallam,
I'm fasting.
Messenger salallahu alaihi wa sallam he said, Inni
Sa'imun Aida, I'm also fasting.
And then he ended up kissing me.
You also have the other hadith of Aisha
radiAllahu ta'ala Anha. She said,
The Messenger SallAllahu Alaihi Wasallam used to kiss
while fasting. He also used a fondu while
fasting.
But
walakinawamlaqukumlieirbihi.
He was somebody who was more in control
of his shower than you guys. Speaking to
their companions.
So why did they say
kissing
is
because of a particular reasoning being present.
You have another hadith.
Hadith that was narrated by Imam Abu Dawooda
Allah.
And he asked him about the one
who is fasting and he fondles with his
wife.
Farakha salahu.
He gave him the permission to go and
fondle with his wife.
And then another man came to the messenger,
And he asked him about fondling with his
wife.
It's supposed to be an individual who's fasting.
The Messenger Sallallahu Alaihi Wasallam did not permit
for him to kiss his wife.
Why do we say that the sharia now
is contradicting with one another? Why is the
miss salaam alayhi wa sallam
using double standards? He says whatever he wants
here and then he says something else over
there.
The poet Rahimahullah
Haafidul Hakimi,
he teaches us how to do jama' with
regards to this issue, how to reconcile.
And I mentioned time and time again:
When we have textual evidences clashing,
or it seems from the apparent that it's
contradicting with one another.
What's the first step that we need to
try and do?
We have to try and what? Reconcile.
Because of a particular reasoning, the Messenger Sallallahu
Alaihi Wasallam
he gave a ruling.
And because of that reasoning not being present,
Messenger sallallahu alaihi wa sallam gave another ruling.
And we learned this in Sur Al Fikh.
Because of a reasoning being present, a hukum
applies.
That reasoning no longer is present, the hukum
no longer applies.
And this is exactly what the case was
here.
The narrator of the Hadith,
he mentions that the first man who came
up to the messenger Sallallahu Alaihi Wasallam was
an old man.
The second individual who came up to the
messenger Sallallahu Alaihi Wasallam he was a young
man.
And because of that,
what was the reason that was present?
Why did he not allow the one who
was young? Because
he is somebody who,
he has shower.
One thing might lead to another. Alis Gedalik,
before you know it is on top of
her, and then we have the kafarah he
has to pay.
Oh freeing a slave when he can't do
that? What happens? He has to fast 2
months in a row. So you find that
the sharia now
is trying to what? To set the varaiah.
He's trying to block out
big issues from taking place, a big harm
reaching this individual.
And the sharia comes with that. Point of
the matter is,
Messenger Sallallahu Alaihi Wasallam allowed it here but
he didn't allow there. Why? Because of the
reasoning of shahwa.
Being present in the case of the one
who was young.
What the Himay brothers? My sisters?
So in that case, it would be
for 1.
And it would be haram when?
He thinks that he's going to know what?
Release upon kissing? The opposite gender.
But will they invalidate his fast?
Based on him just thinking.
When will he become invalidated? When he does
it. When he does it and
Releases it. He releases. Totally dependent on him
releasing.
And also the type of qubla that is
intended here can maybe be categorized into 3.
Because not every type of qubla
is what?
Is being spoken about here. Every type of
kissing.
So you have the first case, al qubla
allatilayisatfiyyah
shawah.
The type of kissing that doesn't have any
shawah accompanied with it.
For example a man sometimes when he's leaving
his home, he goes and kisses his wife
upon leaving.
Little peck on the cheek
and then leaves.
It's a mom.
Oh, like the example of one kissing the
forehead of his mother.
This is not what is intended here. Or
kissing his little daughter.
That's the first one. The qublah, the type
of kissing that is not accompanied with
shahwa.
And then you have the second type.
The type of kissing that is now going
to arouse him.
And this is what
the poet here is intending.
And it doesn't just have to be what
qubla, one kissing. It could be him fondling
with his wife. It could be him, you
know, placing his knees in between or his
thighs in between her thighs.
Gets very very touchy in there.
And then the third case is,
a type of
great.
Is the mic on, by the way? Yeah.
Can they hear the sisters?
Uh-huh.
Okay.
And then you have the 3rd case which
you already mentioned. This individual thinks that is
going to cause him
to release and this is something that is
going to be haram. And it's totally dependent
on him releasing. If he releases, this is
going to now. Want this to the the
sister's here. Yeah. Of course.
So we should turn this
We thought he was on us, man. We
thought he was on. Plain.
Exactly guys.
We've understood the 3 different
cases and scenarios with regards to this particular
issue.
Like
The Mahdi goes on to say
things
that are haram
is backbiting
and
also
and everything now that is going to
cause disobedience to Ar Rahman Allah
in the Most Merciful One.
What is Arziba?
Asked
them, Do you guys know what ghiba is?
They responded back and they said, Allahu Arasoolu
Alem.
Allah Subhanahu Wa Ta'ala
and His Messenger know best.
Messenger to say about your brother that which
he dislikes in his absence.
To say about your brother that which he
dislikes in his absence.
While there,
Even if you think it's true,
messenger salallahu alaihi wasallam companion said,
What if I say that which is true
about him?
If that which you are saying about him
is right, then you have back by to
them. And if you say about him
that which is not true, you have indeed
slander
him. And that is what Al Buhatan is.
To spread maybe a slander about an individual.
Or just generally speaking, it could be seen
as something foul that a person says.
This is what the messenger
told us right now the hadith,
Whoever doesn't leave of,
False speech.
All types of idle speech,
whether it is lying, whether it is namima,
whether it is swearing.
While Amalbih and also acting upon it.
Sometimes, you know, somebody spreads a lie about
another individual,
and you're there as a witness.
This is amalbi.
You're acting upon
that idle speech that is being spread,
or you engage in it.
While
also doing something ignorant.
Issues of ignorance, again, are from the things
that is haram that a person does
when he
is fasting.
Taib, sometimes you find a common question that
is asked,
you know, somebody is backbiting in front of
me, And I tell him, he shouldn't be
doing so and so.
And then I get told, mind your own
business.
And they go as far as even using
the hadith of Abi Sayyidun Khudr
When the messenger sallallahu alaihi wasallam said,
Part of one being a Muslim, good Muslim,
is to leave of that which doesn't concern
him. How do we reconcile now?
Evil jameel.
Yes, you should be minding your own business
when getting involved in other people's affairs that
has absolutely no concern with yourself.
But now the fact that an individual is
backbiting,
it's a must upon you to try and
do something about it.
And you shouldn't fear the blamer, the blameless.
As the messenger
said,
1 shouldn't allow the haybah,
the fear and the order he is and
of the people,
to stop him or prevent him from
speaking the truth.
Whenever he sees it,
he witnesses it or he hears it.
Are you with me my brothers and my
sisters? You know Abu Sayyir Khudr radiAllahu ta'ala
and he said,
I wish that I never had this hadith.
Why? Because now this has
become a hujaay, plea upon him. He has
to act upon it. And that can be
sometimes one of the most difficult things to
do.
Especially with the people that you really really
love and respect.
Everybody's
mind can sometimes what?
Yes, who?
Can totally forget.
Forgets himself what he's saying, what he's doing.
Are you with me guys? So you have
to
tell that individual.
That's what the messiah said in an hadid,
manrahiminkumunkaran,
change it with his hand. Can't change it
with his hand?
Let
him change it with his what? With his
tongue.
And whoever doesn't have the ability to change
it with his heart. How you change with
your heart?
Can you really really change something with your
heart? Somebody is backbiting, or you're sitting in
a sitting, while people are backbiting one another,
and you're just sitting there?
Can this person really really be seen as
somebody who is disliking
the Haram that is taking place?
You have to get up and leave.
You can't stay somewhere where there's evil taking
place and just hate it with your heart.
These are 2 things that don't come together.
You have to leave that place and go
somewhere else if they're not listening.
So Allah
If you find individuals
who are falsely engaging
in the verses,
and they're also mocking it.
Do not sit with them until they change
the conversation.
And if you carry on sitting there,
You are going to be like them.
If you find individuals who are in false
discussion with regards to the Ayat,
and leave them.
My brothers?
So
you see somebody backbiting,
try to
advise that individual.
Okay? But we know also that there are
6 types
of backbiting that is permissible.
And you can find it in the two
lines of poetry, even Imam Nuhr
has a whole chapter in Israel Salihim. First
he speaks about Al Ghibba,
the Haram one, and then he mentions,
The chapter of that which is permissible with
regards to backbiting.
And you can find these 6
types in these two lines of poetry where
he says,
6 types that he mentions. First one is
Somebody who's been oppressed. He goes to
another individual to
show what this individual has done.
The second one is when an individual now
is warning against someone else,
because of the evil
that he
is spreading to others.
For example, now somebody comes online
and he's spreading poison.
Other people are being affected.
In that case, is it allowed to warn
against that individual? The answer is yes.
Because this person is publicly doing haram.
He's publicly
doing what he shouldn't be doing.
As opposed to
Muhammad that you find with Fatima in the
alleyway,
who's maybe what's kissing her out and he's
snogging with her and so on and so
forth.
Can I start warning against this individual publicly?
The answer is no. Whatever is done publicly
is dealt with publicly.
Whatever is done privately, you are not allowed
to go and speak about that person's private
sins
in the open.
And that's where you apply the hadith when
the messenger said,
Whoever conceals the sins of a Muslim, then
Allah Subhanahu Wa Ta'ala is going to conceal
his sins.
Do you understand the difference?
Also you have another hadith. One time a
man entered upon the messian sallallahu alaihi wa
sallam. Okay?
And
Simal Bukhara
uses
hadith to say,
the permissibility
of
backbiting and warning against the people of desires,
and those who cause people to doubt
aspects of the religion.
Are you with me
guys? And there's many many other hadith as
well that carry the same meaning.
For example now,
someone's done something and the only way that
you can describe him
is maybe mentioning something
imperfect about him,
or a deficiency about him. For example,
trying to explain something to somebody
and you're saying, Achi, don't you know that
guy he was there?
Because I don't know what you're talking about.
And something there's a dire need for that
person who is being spoken to,
to be informed of exactly who that individual
was that done X, Y and Z. Maybe
somebody came now, he done something in the
masjid.
And And then everybody needs to know about
the situation,
go to the ISOC president, Nabiull,
And then you have to basically tell him
who that individual was, and Nabeel doesn't know
who this person is.
So you say to him that guy, you
know the big guy,
big guy who was sitting there,
Or the guy who was limping?
Or the guy that
had only one eye? Oh yes, becomes clear
now.
Also somebody who openly does fisk.
He openly
does fisk.
We're not talking about Muhammad and Fatima
who are doing stuff privately.
They're having a whole conversation
online, and then you end up finding what?
That conversation.
She maybe sent her pictures
and he sent his pictures as well. You're
not allowed to go about and speak about
individual publicly.
But there's a type of individual who goes
out and is drinking Halhmar publicly,
has no shyness whatsoever. He's doing it open.
In that case also
it is mentioned that Imam An Nawwara mentioned
that Rasulhindah is permissible to back by the
individual.
Then the other one was mustafddin woman, somebody
who is seeking fatwa,
goes to the mufti, what did you say
about so
and so who
done? 6th one is,
Somebody who is trying to now change an
evil. Like for example, I know Jubered has
a friend.
I know I can't go to his friend
and advise him about something haram that he's
doing.
And I believe that Jubeld is in a
better position.
So I tell him,
please, you know, I saw I can't go.
Why? Because we've burnt bridges.
Are you with me guys? I've burnt bridges
with that person, I can't?
Advise him.
So you're in a better position, why? Because
you're cool with him, go and advise the
individual, he done x y and z.
But also my brothers and my sisters, sometimes
people use
this issue
in order to spread and spread and spread
that that shortcoming that he has.
Deep inside, he knows they can do something
about it.
Because, Akhi, guess what? You know, wallahi, you
know, I think you're Akhi, you know you
can change it.
Excuse me. You know you can change it.
Why do you need to go and tell
someone else? And he goes to another person,
Akhi, look, I'm trying to change the evil,
what do you think?
And he goes to another one. You see
my point? That's a problem.
That's a problem.
Seeking