“Dear Ustad, please help us clarify this confidential problem.
I was fasting and I passed through a restaurant and as a
result of looking at the succulent and luscious (yum-yum) food
on offer, it resulted in me having an unstoppable craving for
the food itself and I felt then that I couldn't keep my fast
any longer. I ended up making the intention to break my fast
there and ordered the food but I stopped short of eating it
because I felt guilty. Is my fast broken because I intended
to break the fast just as it definitely would in the case
of the Salah according to the Shafii school? Must I now make
qada of this fast day? Have I sinned?
From your past answers, your help is much appreciated by
some of us here. We eagerly await your reply.”
Al-hamdulillah alladhi farada al-sawm li-jihad al-nafs wa-s-shaytan
wa-s-salat wa-s-salam 'ala sayyidina Muhammad azka l-anam sharafan.
Allahumma hidayatan li-s-sawab!
To intend leaving the fast [siyam] or intending to break the fast wilfully
and consciously, will not invalidate [mubtil] the fast. The fast is only
invalidated when the person fasting [sa'im] does one of the ten acts that
breaks the fast [muftirat; such as performing sexual intercourse or in your
case, eating that irresistible food]. This is different from the case of
prayer [Salat], for the person who is in prayer [musalli] could vitiate the
prayer by merely intending to leave his or her prayer (although it is Haram
to do so if there is no valid excuse ['udhr]). This is because the act of
praying is more exact and limited in its scope and form, than any other
acts of 'ibada and worship. To merely intend leaving the act of fasting or
I'tikaf [spiritual retreat] or Hajj or 'Umra, without it being followed by
some other extrinsic factor that invalidates that particular act, does not
invalidate it.
This is made clear by Imam al-Bajuri (may Allah be pleased with him!) in
his Hashiya of the Fath al-Qarib:
"Qadi Abu Shuja': [Among the 11 things that invalidate the prayer is] to
change one's intention (Ibn Qasim: such as to intend to leave the prayer).
((al-Bajuri: Ibn Qasim's [exact] words, "the prayer" [indicates that this]
is contrary to the case when someone intends to leave either the fast or
the I'tikaf or the Hajj or the 'Umra, for neither of them can be
invalidated [by changing one's intention]. This is because the prayer is a
more restricted type [of 'ibada] than any of them.))" [al-Bajuri, Hashiya,
1:179].
+Fa'ida for students of fiqh+ The legal distinction between the prayer and
other types of 'ibada is that the latter acts could not be invalidated by
changing one's intention [taghyir al-niyya] (for example, of performing the
fast to something else), because, unlike the prayer, to not change one's
intention of the 'ibada is not stipulated as one of the conditions [shart]
of the 'ibada itself.
My dear brother, we humans are indeed weak creatures! Although fasting has
been prescribed for us and for those before us so that we may discipline
our egos and fight the devil, we are certainly not infallible like the
prophets. For this very reason, we must take all the precautions available
to us, whether necessary or suggestive ones, in order that we may achieve
Ihsan and excellence in whatever 'ibada we are performing. Alhamdulillah,
in this particular case, your changing the intention did not lead to
breaking the fast itself, but this was certainly a "near miss" incident,
and again we thank divine protection for this mercy. Although you have
managed to keep to the minimum fiqhi limits and although your fast was not
invalidated by looking 'lustfully' or with shahwa [the "pleasure of the
senses" or our "carnal appetites" (which incidentally is not limited only
to the pleasures of our sexual organs but also to our digestive ones as you
yourself garishly described it: "as a result of looking at the succulent
and luscious (yum-yum) food on offer")], it nevertheless goes against the
spirit and wisdom of the fast. The adab of this 'ibada requires that we do
not slobber over food and drool over the objects, sabab and causes of
shahwa. The fiqhi ruling for looking at what gives rise to shahwa while
fasting is Makruh [offensive], and it is more godfearing [Wara'] to avoid
shahwa, even though they are Mubah [permissible] when not fasting. (That is
why we learn from the science of Tasawwuf, the fast in fact makes things
which are normally Halal, Haram--so how do we measure indulgence in Haram
things during a fast?) Indeed, for our case, avoiding looking at the world
with shahwa becomes a preventative measure for us, and by not breaking this
rule (even when it is not Haram and by breaking it we are not sinning) it
becomes a means for us to prevent the lower-half of our nafs getting the
better of us.
For this reason, we should listen to the advice of our Prophet (may Allah's
blessings and peace be upon him!), as narrated by Anas ibn Malik (may Allah
be pleased with him!):
"khamsu khiSAlin yufaTTirna S-SA'ima wa-yunqiDna l-wuDU'a al-kadhibu wa
l-ghIbatu wa n-namImatu wa n-naZaru bi-shahwatin wa l-yamInu l-kAdhiba"
[There are five qualities which may break the fast of someone fasting
[meaning, its rewards will be lost or reduced] and nullify [the reward of]
wudu': (1) lying; (2) slander; (3) defamation; (4) looking lustfully; and
(5) a lying oath.] (Related by al-Daylami; note, according to some scholars
of Hadith, this Hadith has defects).
As for your question: "Must I now make qada of this fast day?"
Although the answer here would obviously be no, you should have made it
clear, the type of fast you were fasting (since in the event that the fast
was broken (which it did not), the answer will depend on the type of fast
one was fasting: if it is an obligatory one (such as the fast for Ramadan
or a makeup [Qada'] or a vowed [Nadhr] or an expiation [Kaffara] fast),
then one will have sinned (for it is Haram to interrupt the obligatory fast
without a valid excuse) and one will have to makeup the fast (and in the
case of an expiation fast, one will have to start fasting from day one
again), while if it is a voluntary fast [tatawwu'] or fasts other than the
obligatory ones, then if you were to go ahead and carried out what you
intended (although it never happened), it is Makruh and offensive to do so
because there was no excuse there, otherwise, it would be permissible (in a
Makruh fast, for example)).
As for you question: "Have I sinned?"
On the contrary, and more than that, you will have been rewarded! From the
science of Tawhid or theology, we know that when someone intended to
disobey Allah but at the moment of executing it out, the person shies away
from doing so and remembers Allah at that split second (by realizing that
he or she will incur the displeasure of Allah, for instance) and reverts
back to the original intention before intending disobedience and hurriedly
seeks God's forgiveness [istighfar] for having resolved to do such a thing
and for carrying it out till this point, then, because he or she did not
persist in this bad resolve ['azm]* before reaching the 'point of no
return' (in this case, the ma'siya itself or that which is Haram, namely
the conclusive act that breaks the fast which will be caused by the arrival
of a substance ['ayn; in this case, the irresistible food] through an open
passageway [manfadh; in this case, the mouth] to the body cavity [jawf; in
this case, the stomach]), then he or she is rewarded and will not incur a sin.
* Extra notes for students of Tawhid on the difference between 'Azm and
Niyya: It became an 'azm when the person first made the order with the
waiter for that irresistible food (whether the person has or has not paid
for the food); before reaching this 'azm stage, it was only a simple niyya
[intention]. There is a catch though: if the person were to die suddenly
because of a heart attack, for instance, after ordering the food but before
the food could reach his or her table or indeed, the stomach (in other
words the death is at the 'azm stage (and not at the mere niyya stage),
thereby reaching the mukallaf's point of ikhtiyar for this case), then, he
or she would have sinned (if the fast is of the obligatory type). End of
notes.
In fact, the feeling of guilt that stopped you from breaking the fast is an
example of what the Prophet called, "Sarih al-Iman" or pure and
unadulterated faith. Both, Imam al-Fashni, a Shafi'i jurist and Muhaddith,
as well as his famous student, Imam Ibn Hajar summarised this well known
belief in their commentary to the Arba'in of Imam al-Nawawi (may Allah be
pleased with all of them!) in the following few lines:
"An example of that [i.e., Sarih al-Iman] is someone who planned to commit
adultery, for example, and devised [to do it] in his heart, but then turned
away from it owing to some sort of Taqwa [for example, having felt guilty
or fear of the divine displeasure in the person's heart]. He will then be
rewarded for that because he, then, falls under the words of the Most High
in a Hadith Qudsi [as narrated by Abu Hurayra (may Allah be pleased with
him!)]:
"uktubUhA la-hu Hasanatan innamA tarakahA min ajlI" [[O' angels,] record it
[i.e., the bad intention] as a reward for him! Indeed, he abandoned it on
account of Me.] (Related by Abu 'Awana, Ahmad, Bukhari, Muslim and Ibn
Hibban, with variants).
[al-Fashni, al-Majalis al-Saniya, 83 and Ibn Hajar, Fath al-Mubin, 215].
Subhanallah, Allah is indeed merciful and behold how easy it is for us to
do good in this world!
There is a final twist to this whole saga. My hope is that you did not, at
the zenith of your case by abandoning the ma'siya at its point of maturity,
yielded to the sunna of Shaytan by abandoning also your irresistible food
and thereby laying it to waste. To secure the reward, you will have to save
the food (by taking it home or giving it away in charity to the poor). If
not, it would regrettably be the nadir of your saga. And so within five
minutes of your triumph against the devil you were in ignominious retreat
by the same sabab, with the henchmen of Iblis laughing all the way over the
altered musabbab.
O' Lord, we seek to be close to You so we may always be divinely guided,
under Your protection from sins and errors! Ya Rabb, free us from the
brethren of the devil!
Allahumma rabbana taqabbal minna salatana wa-siyamana wa-qiyamana
wa-takhashshu'ana wa-tadarra'ana wa-ta'abbudana wa-tammim taqsirana Ya
Allah Ya Arham al-Rahimin
[O' Allah, our Lord! Accept from us our prayer, our fast, our vigil, our
awe and humility towards You, our pleading humbly to You, our worship of
You, and perfect our imperfections, O' Allah, the Most Merciful of those
who are merciful! Amin!]
The one seeking divine protection,
Muhammad Afifi al-Akiti ©
On the evening of Friday Mubaraka, 24 Shawwal 1424 or
Thursday, 18 XII 2003.
Bibliography:
al-Bajuri. Hashiya 'ala Fath al-Qarib. 2 vols. Bulaq, 1288 H.
al-Fashni. al-Majalis al-Saniya fi Kalam 'ala al-Arba'in al-Nawawiya.
Bulaq, 1318 H.
Ibn Hajar al-Haytami. Fath al-Mubin li-Sharh al-Arba'in. Bulaq, 1351 H.