ShamelaTranslate
Search
Sign in
ShamelaTranslate

© 2026 ShamelaTranslate. Scholarly Open-Access Project.

AboutContactDonateImprintPrivacyTermsRight of WithdrawalCancel a subscription
Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 4 · Page 366Section

Translation · EN

Abu Hanifa, except that he considered what is used for nourishment or for medical treatment. Thus, if one swallows a pebble, a pit, or a pistachio in its shell, there is no expiation upon him. They argued that he broke his fast with the highest form of the category, so expiation is mandatory upon him, like the one who has intercourse. Our position is that he broke his fast with something other than intercourse, so it does not necessitate expiation, like swallowing a pebble or dirt, or like apostasy according to Malik. Furthermore, there is no text mandating expiation for this, nor is there consensus. It is not valid to draw an analogy to intercourse because the need to deter [people] from it is more urgent, and the ruling regarding transgression through it is more emphatic; this is why it necessitates (63) the prescribed punishment (hadd) when it is prohibited, and it is uniquely characterized by invalidating the Hajj—unlike other prohibitions—and requiring the offering of a camel, and because it usually invalidates the fast of two people, unlike others.

Section: The obligation in making up (qada') for every day is one day, according to the opinion of the general body of jurists. Ahmad said: Ibrahim and Waki‘ said: He must fast three thousand days. Ahmad was astonished by their statement. Sa‘id ibn al-Musayyib said: Whoever breaks his fast on a day intentionally must fast for a month. It is narrated from Rabi‘ah that he said: Twelve days are mandatory in place of every day, because Ramadan suffices for the entire year, and it consists of twelve months. Our evidence is the saying of Allah the Almighty: "Then [he shall complete] a number of other days" (64). And the Prophet (peace and blessings of Allah be upon him) said in the story of the one who had intercourse: "Fast a day in its place." Narrated by Abu Dawud (65). Furthermore, making up a fast is equivalent to the performance (ada'), as evidenced by all other acts of worship. Moreover, making up a fast does not differ based on excuse or lack thereof, as evidenced by prayer and Hajj. What they have mentioned is an arbitrary claim without evidence; one does not resort to such specification except through a text or consensus, and they possess neither.

Notes

(63) Omitted from A. (64) Surah al-Baqarah 185. (65) In: Chapter on the expiation for one who has intercourse with his wife during Ramadan, from the Book of Fasting. Sunan Abi Dawud 1/558. It was also recorded by Ibn Majah, in: Chapter on what has come down regarding the expiation for one who breaks the fast of a day in Ramadan, from the Book of Fasting. Sunan Ibn Majah 1/534. And Imam Malik, in: Chapter on the expiation for one who breaks his fast in Ramadan, from the Book of Fasting. Al-Muwatta’ 1/297. And al-Bayhaqi, in: Chapter on the narration of one who reported the command to make up a day in its place in this Hadith, from the Book of Fasting. Al-Sunan al-Kubra 4/226, 227.

PreviousVolume 4 · Page 366Next
Previous4·366Next