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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 355Section

Translation · EN

as if he had swallowed someone else's. If it is said: Aisha narrated that the Prophet (peace be upon him) used to kiss her while he was fasting, and suck on her tongue. Reported by Abu Dawud (27). We say: It has been reported from Abu Dawud that he said: This chain of narration is not authentic. It is permissible [that he would] kiss while fasting, and suck on her tongue at other times. It is also possible that he would suck on it without swallowing. Furthermore, the separation of the moisture on her tongue to his mouth is not confirmed, so it resembles the case where one leaves a wet pebble in his mouth, or if one rinses his mouth with water and then spits it out. If one leaves a pebble or a dirham in his mouth, takes it out, and there is moisture of saliva upon it, then puts it back into his mouth, you must consider: if the amount of saliva upon it is significant and he swallows it, he breaks his fast; if it is slight, he does not break his fast by swallowing his saliva. Some of our companions said: He breaks his fast because he swallowed the moisture that was on the object. Our view is that the separation of that moisture and its entry into his throat is not confirmed, so it does not break his fast, just like rinsing the mouth and using a wet or damp siwak (toothstick). This is strengthened by the hadith of Aisha regarding sucking on her tongue. If one sticks his tongue out and it has moisture on it, then he pulls it back in and swallows his saliva, he does not break his fast.

Section: If one swallows phlegm (nukhama), there are two narrations regarding it. The first is that it breaks the fast. Hanbal said: I heard Abu Abd Allah [Ahmad] say: If one clears his phlegm and then swallows it, he has broken his fast; because phlegm descends from the head, whereas saliva comes from the mouth. If one clears phlegm from his chest/stomach and then swallows it, he breaks his fast. This is the school of al-Shafi'i; because it was possible for him to avoid it, so it resembles blood, and because it originates from outside the mouth, so it resembles vomiting. The second narration is that it does not break the fast. He said, in the narration of al-Marwudhi: You do not owe an atonement (qada') if you swallow phlegm while fasting. Because it is common in the mouth and does not reach [the interior] from the outside, so it resembles saliva.

Section: If one's mouth bleeds, or if qals (29) or vomit comes up into it, and he swallows it, he breaks his fast,

Notes

(27) In: The Chapter on the fasting person swallowing saliva, from the Book of Fasting. Sunan Abi Dawud 1/556. It was also reported by Imam Ahmad, in: Al-Musnad 6/123, 234. (28) In manuscript M: "annahu kana" (that it was). (29) Al-qals: that which comes out from the stomach to the mouth, but is not vomit.

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