(A man broke his fast intentionally) during Ramadan. The Messenger of Allah (saws) commanded him to emancipate a slave, or fast for two months, or feed sixty poor men. He said: I cannot provide. The Messenger of Allah (saws) said: Sit down. Thereafter a huge basket of dates ('araq) was brought to the Messenger of Allah (saws). He said: Take this and give it as sadaqah (alms). He said: Messenger of Allah, there is no poorer than I. The Messenger of Allah (saws) thereupon laughed so that his canine teeth became visible and said: Eat it yourself.

Abu Dawud said: Ibn Juraij narrated it from al-Zuhri in the wordings of the narrator Malik that a man broke his fast. This version says: You should either free a slave, or fast for two months, or provide food for sixty poor men.

Allah's Apostle stood beside me at Al-Hudaibiya and the lice were falling from my head in great number. He asked me, "Have your lice troubled you?" I replied in the affirmative. He ordered me to get my head shaved. Ka`b added, "This Holy Verse:--'And if any of you is ill, or has ailment in his scalp (2.196), etc. was revealed regarding me. "The Prophet then ordered me either to fast three days, or to feed six poor persons with one Faraq (three Sas) (of dates), or to slaughter a sheep, etc. (sacrifice) whatever was available.

Yahya related to me from Malik, from AIqama ibn Abi AIqama, from his mother, that A'isha, umm al-muminin, used to camp on the plain of Arafa at a place called Namira, and then later she changed to another place called al-Arak.

She said, ''A'isha, and those who were with her, would say the talbiya while she was at the place where they were camping, and then, when she had mounted and set out towards the place of standing, she would stop doing so."

She continued, ''A'isha used to do umra when she was in Makka after the hajj was over, in the month of Dhu'l-Hijja.Then she stopped doing that, and instead would set out before the new moon of Muharram for al-J uhfa, where she would stay until she saw the new moon, and then, when she had seen the new moon, she would go into ihram to do umra."

Yahya related to me from Malik from Zayd ibn Aslam from Ata ibn Yasar that a certain man kissed his wife while he was fasting in Ramadan. This made him very anxious, and so he sent his wife to the Prophet, may Allah bless him and grant him peace, to ask him about that for him. She went in and saw Umm Salama, the wife of the Prophet, may Allah bless him and grant him peace, and mentioned the matter to her, and Umm Salama told her that the Messenger of Allah, may Allah bless him and grant him peace, used to kiss while he was fasting. So she went back and told her husband that, but it only made him find fault all the more and he said, "We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for the Messenger of Allah, may Allah bless him and grant him peace, whatever He wishes."

His wife then went back to Umm Salama and found the Messenger of Allah, may Allah bless him and grant him peace, with her. The Messenger of Allah, may Allah bless him and grant him peace, said, "What's the matter with this woman?", and Umm Salama told him. The Messenger of Allah, may Allah bless him and grant him peace, said, "Didn't you tell her that I do that myself?" and she said, "I told her, and she went to her husband and told him, but it only made him find fault all the more and say, 'We are not like the Messenger of Allah, may Allah bless him and grant him peace. Allah makes permissible for His Messenger, may Allah bless him and grant him peace, whatever He wishes.' " The Messenger of Allah, may Allah bless him and grant him peace, got angry and said, "By Allah, I am the one with the most taqwa of Allah of you all, and of you all the one who best knows His limits."

Yahya related to me from Malik that he had heard that Abdullah ibn Umar was asked about what a pregnant woman should do if the fast became difficult for her and she feared for her child, and he said, "She should break the fast and feed a poor man one mudd of wheat in place of every day, using the mudd of the Prophet, may Allah bless him and grant him peace."

Malik said, "The people of knowledge consider that she has to make up for each day of the fast that she misses as Allah, the Exalted and Glorified, says, 'And whoever of you is sick or on a journey should fast an equal number of other days, ' and they consider her pregnancy and her concern for her child as a sickness."

(Reporting the speech of Ka`b bin Umra) Allah's Apostle saw him (i.e. Ka`b) while the lice were falling on his face. He asked (him), "Have your lice troubled you?" He replied in the affirmative. So, he ordered him to get his head shaved while he was at Al-Hudaibiya. At that time they were not permitted to finish their Ihram, and were still hoping to enter Mecca. So, Allah revealed the verses of Al-Fidya. Allah's Apostle ordered him to feed six poor persons with one Faraq of food or to slaughter one sheep (as a sacrifice) or to fast for three days.

"During the year of the conquest, when the Prophet (saws) reached Marr Zahran, he told us that we would meet the enemy. So he ordered us to break the fast, and we [all] broke our fast."

[Abu 'Eisa said:] This Hadith is Hasan Sahih, and there is something on this topic from Ibn 'Umar.

Yahya related to me from Malik from Ibn Shihab from Humayd ibn Abd ar-Rahman ibn Awf from Abu Hurayra that the Messenger of Allah, may Allah bless him and grant him peace, said, "Whoever hands over two of any type of property in the way of Allah is called to the Garden, with the words 'O slave of Allah! This is good!' Whoever is among the people of prayer, is called from the gate of prayer. Whoever is among the people of jihad is called from the gate of jihad. Whoever is among the people of sadaqa, is called from the gate of sadaqa. Whoever is among the people of fasting, is called from the gate of the well- watered. (Bab ar-Rayyan)."

Abu Bakr as-Siddiq said, "Messenger of Allah! Is it absolutely necessary that one be called from one of these gates? Can someone be called from all of these gates?" He said, "Yes, and I hope you are among them ."

21.20 Acquisition of the Land of Those who Surrender from the People of Dhimma

Yahya related to me from Malik from Ibn Shihab that Abu Ubayd, the mawla of Ibn Azhar said, "I was present at an id with Umar ibn al- Khattab. He prayed, and then after he had prayed he gave a khutba to the people and said, 'The Messenger of Allah, may Allah bless him and grant him peace, forbade fasting on these two days - the day you break your fast (after Ramadan), and the day you eat from your sacrifice (after Hajj) .' "

Abu Ubaydcontinued,"Then I was present at an id with Uthman ibn Affan. He came and prayed, and when he had finished he gave a khutba and said, 'Two ids have been joined together for you on this day of yours. If any of the people of al-Aliyya (the hills outlying Madina) want to wait for the jumua they can do so, and if any of them want to return, I have given them permission.' Abu Ubayd continued, "Then I was present at an id with AIi ibn Abi Talib (at the time when Uthman was being detained). He came and prayed, and then after he had prayed he gave a khutba."

Yazid ibn Khumayr ar-Rahbi said: Abdullah ibn Busr, the Companion of the Messenger of Allah (saws) came out along with the people on the day of the breaking of the fast or on the day of sacrifice (to offer the prayer). He disliked the delay of the imam, and said: We would finish (our 'Id prayer) at this moment, that is, at the time of forenoon.

AbuUmayr reported on the authority of some of his paternal uncles who were Companions of the Prophet (saws): Some men came riding to the Prophet (saws) and testified that they had sighted the new moon the previous day. He (the Holy Prophet), therefore, commanded the people to break the fast and to go out to their place of prayer in the morning.

I knew that the Messenger of Allah (saws) used to keep fast. I waited for the day when he did not fast to present him the drink (nabidh) which I made in a pumpkin. I then brought it to him while it fermented. He said: Throw it to this wall, for this is a drink of the one who does not believe in Allah and the Last Day.

Yahya related to me from Malik that he had heard that Said ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Said said, "He should fulfil his vow before he does any voluntary fasting."

Malik said, "I have heard the same thing from Sulayman ibn Yasar."

Malik said, "If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel are taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from a limited one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

Hamnah said my menstruation was great in quantity and severe. So I came to the Messenger of Allah (saws) for a decision and told him. I found him in the house of my sister, Zaynab, daughter of Jahsh.

I said: Messenger of Allah, I am a woman who menstruates in great quantity and it is severe, so what do you think about it? It has prevented me from praying and fasting.

He said: I suggest that you should use cotton, for it absorbs the blood. She replied: It is too copious for that. He said: Then take a cloth. She replied: It is too copious for that, for my blood keeps flowing. The Messenger of Allah (saws) said: I shall give you two commands; whichever of them you follow, that will be sufficient for you without the other, but you know best whether you are strong enough to follow both of them.

He added: This is a stroke of the Devil, so observe your menses for six or seven days, Allah alone knows which it should be; then wash. And when you see that you are purified and quite clean, pray during twenty-three or twenty-four days and nights and fast, for that will be enough for you, and do so every month, just as women menstruate and are purified at the time of their menstruation and their purification.

But if you are strong enough to delay the noon (Zuhr) prayer and advance the afternoon ('Asr) prayer, to wash, and then combine the noon and the afternoon prayer; to delay the sunset prayer and advance the night prayer, to wash, and then combine the two prayers, do so: and to wash at dawn, do so: and fast if you are able to do so if possible.

The Messenger of Allah (saws) said: Of the two commands this is more to my liking.¹

Abu Dawud said: 'Amr b. Thabit narrated from Ibn 'Aqil: Hamnah said: Of the two commands this is the one which is more to my liking.² In this version these words were not quoted as the statement of the Prophet (saws); it gives it as a statement of Hamnah.

Abu Dawud said: 'Amr b. Thabit was a Rafidi. This has been said by Yahya b. Ma'in.

Abu Dawud said: I heard Ahmad (b. Hanbal) say: I am doubtful about the tradition transmitted by Ibn 'Aqil.