because he has attained the majority of it. If he catches it after rising from bowing, he is not considered to have attained it. If he catches one rak'ah of the Friday prayer with the Imam, he is considered to have attained it, because it increases with the Tashahhud; if he catches less than a rak'ah, he is not considered to have attained it. Our argument is that he formed the intention during a portion of the day, so it resembles the case where he forms the intention at its beginning. Furthermore, the entire night is the time for the intention of the obligatory fast, so the entire day is likewise the time for the intention of the voluntary fast. Once this is established, he is judged as having performed the legal fast for which he is rewarded from the time of the intention, according to the explicit text from Ahmad, for he said: 'Whoever forms the intention for a voluntary fast during the day, the remainder of his day is written for him, and if he intended it from the night, his [full] day is for him.' This is the opinion of some of the companions of al-Shafi'i. Abu al-Khattab said in 'al-Hidaya': He is judged as having that [reward] from the beginning of the day. This is [also] the opinion of some of the companions of al-Shafi'i, because fasting is not divisible [during the day], evidenced by the fact that if he eats during part of it, it is not permissible for him to fast the remainder of it; so when it is found in part of the day, it indicates that he is fasting from its beginning. It is not impossible (13) for the ruling of fasting to be applied without an actual intention (14), just as if he forgot the fast after forming its intention, or was heedless of it. Also, because if he caught part of the rak'ah or part of the congregation, he would be considered to have attained all of it. Our argument is that for the time before the intention, he did not intend to fast, so he cannot be considered fasting during it, due to his (peace be upon him) statement: "Verily, deeds are by intentions, and verily [for every person] (15) is what he intended" (16). Also, because fasting is a pure act of worship, so it cannot exist without an intention, like other pure acts of worship. The claim that fasting is not divisible is a claim concerning the point of contention; rather, what is required for fasting part of it is that no nullifiers are present during any part of the day, and for this reason the Prophet (peace be upon him) said in the hadith of 'Ashura': "Then let him fast the remainder of his day" (17). As for when he forgets the intention after its existence, he is considered to be maintaining its ruling, unlike the time before it, for it did not exist in ruling nor in reality. For this reason, if he intended the obligatory fast from the night and forgot it during the day, his fast is valid, whereas if he did not intend it from the night, his fast would not be valid. As for attaining the rak'ah and the congregation, its meaning is only that he does not need to make up a rak'ah and he intends that he is a follower (ma'mum), and this is not impossible. As for what the Imam prayed before him being counted for him such that it suffices him instead of his performing it, then no. Furthermore, one who attains the bowing is one who attains all the pillars of the rak'ah, because the standing was present when he said the opening takbir and performed the rest of the pillars with the Imam. As for fasting, the intention is a condition or a pillar of it, so its existence without its condition and pillar is inconceivable. If this is established, it is among its conditions that he has not eaten before the intention and has not performed anything that would nullify it. If he has performed [any of] (18) that, the fasting will not suffice him, without any disagreement that we are aware of.
487 - Issue: He said: (And whoever forms the intention from the night, then becomes unconscious before the break of dawn, and does not regain consciousness until the sun has set, the fast of that day shall not suffice him).
The entirety of this is that whenever he is unconscious for the whole day and does not regain consciousness during any part of it, his fast is not valid, according to the opinion of our Imam and al-Shafi'i. Abu Hanifa said: It is valid, because the intention has already been established, and the loss of consciousness after that does not prevent the validity of the fast, just like sleep. Our argument is that fasting is withholding along with the intention. The Prophet (peace be upon him) said: "Allah the Almighty says: Every deed of the son of Adam is for him except fasting; it is for Me, and I shall reward for it, as he leaves his food and his drink for My sake" (Agreed upon) (1). Thus, He attributed the leaving of food and drink to him, and if he is unconscious, it cannot be attributed...
(12) Omitted from: The original. (13) In A, B, and M: "prevents." (14) In A, B, and M: "actual." (15) In the original, A, and B: "li-mri'in." (16) Its verification was provided previously in 1/156. (17) Its verification was provided previously on page 334.
لإدْرَاكِهِ مُعْظَمَها، ولو أدْرَكَه بعد الرَّفْعِ، لم يَكُنْ مُدْرِكًا لها، ولو أدْرَكَ مع الإِمامِ من الجُمُعَةِ رَكْعَةً، كان مُدْرِكًا لها؛ لأنَّها تَزِيدُ بالتَّشَهُّدِ، ولو أدْرَكَ أقَلَّ من رَكْعَةٍ، لم يَكُنْ مُدْرِكًا لها. ولَنا، أنَّه نَوَى في جُزْءٍ من النَّهارِ، فأشْبَهَ ما لو نَوَى في أوَّلِه، ولأنَّ جَمِيعَ اللَّيْلِ وَقْتٌ لِنِيَّةِ الفَرْضِ، فكذا جَمِيعُ النَّهارِ وَقْتٌ لِنِيَّةِ النَّفْلِ. إذا ثَبَتَ هذا فإنَّه يُحْكَمُ له بالصَّوْمِ الشَّرْعِىِّ المُثَابِ عليه من وَقْتِ النِّيَّةِ، في المَنْصُوصِ عن أحمدَ، فإنَّه قال: مَن نَوَى في التَّطَوُّعِ من النَّهَارِ، كُتِبَ له بَقِيَّةُ يَوْمِه، وإذا أجْمَعَ من اللَّيْلِ كان له يَوْمُه. وهذا قولُ بعضِ أصْحابِ الشَّافِعِيِّ. وقال أبو الخَطَّابِ، في "الهِدَايَةِ": يُحْكَمُ له بذلك من أَوَّلِ النَّهَارِ. وهو قولُ بَعْضِ أصْحابِ الشَّافِعِىِّ؛ لأنَّ الصَّوْمَ لا يَتَبَعَّضُ [فى اليَوْمِ] (١٢)، بدَلِيلِ ما لو أكَلَ في بَعْضِه، لم يَجُزْ له صِيَامُ بَاقِيهِ، فإذا وُجِدَ في بَعْضِ اليَوْمِ دَلَّ على أنَّه صَائِمٌ من أَوَّلِه، ولا يَمْتَنِعُ (١٣) الحُكْمُ بالصَّوْمِ من غير نِيَّةٍ حَقِيقَةً (١٤)، كما لو نَسِىَ الصَّوْمَ بعدَ نِيَّتِه، أو غَفَلَ عنه، ولأنَّه لو أدْرَكَ بعضَ الرَّكْعَةِ أو بعضَ الجماعَةِ كان مُدْرِكًا لِجَمِيعِها. ولَنا، أنَّ ما قَبْلَ النِّيَّةِ لم يَنْوِ صِيامَه، فلا يكونُ صَائِمًا فيه؛ لِقَوْلِه عليه السَّلَامُ: "إنَّمَا الْأَعْمَالُ بالنِّيَّاتِ، وإنَّما [لِكُلِّ امْرِئٍ] (١٥) ما نَوَى" (١٦). ولأنَّ الصَّوْمَ عِبادَةٌ مَحْضَةٌ، فلا تُوجَدُ بغير نِيَّةٍ، كسائِرِ العِبادَاتِ المَحْضَةِ. ودَعْوَى أن الصَّوْمَ لا يَتَبَعَّضُ، دَعْوَى مَحَلِّ النِّزَاعِ، وإنَّما يُشْتَرَطُ لِصَوْمِ البَعْضِ أنْ لا تُوجَدَ المُفْطِرَاتُ في شىءٍ من اليَوْمِ، ولهذا قال النَّبِىُّ -صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ-، في حَدِيثِ عَاشُورَاءَ: "فَلْيَصُمْ بَقِيَّةَ يَوْمِهِ" (١٧). وأمَّا إذا نَسِىَ النِّيَّةَ بعدَ وُجُودِهَا، فإنَّه يكونُ مُسْتَصْحِبًا
(١٢) سقط من: الأصل.(١٣) في أ، ب، م: "يمنع".(١٤) في أ، ب، م: "حقيقية".(١٥) في الأصل، أ، ب: "لامرئ".(١٦) تقدم تخريجه في ١/ ١٥٦.(١٧) تقدم تخريجه في صفحة ٣٣٤.