𝗟𝗲𝘀𝘀𝗼𝗻 17 | 17 Sha’bān 1444H
9 March 2023 • 1.4K views
The invalidators [Part 4]
Matters concerning which there is differing, although the stronger opinion is that these matters do not invalidate the fast:
1⃣- Voluntary ejaculation outside sexual intercourse
Most of the scholars consider this to be an invalidator, whether it occurs by means of masterbation, fondling, looking lustfully, etc., however, the stronger opinion is that this does not invalidate the fast, as was the view of Ibn Ḥazm, Aṣ-Ṣan’āni, Sheikh Albāni, Sheikh Muqbil, and others.
Those who hold this to be an invalidator cite two main evidences to support this view:
The first: the ḥadīth of Abū Hurairah raḍhiyallāhu ’anhu, that the Prophet ﷺ said, “Allāh the Exalted said: '...He (the fasting person) abstains from his food, drink, and desire for My sake.'”[Bukhāri & Muslim]
They said, ejaculation is a form of sexual desire due to the ḥadīth of Abū Dharr raḍhiyallāhu ’anhu that the Prophet ﷺ said: “having sexual intercourse (with one's spouse) is a form of Ṣadaqah. They (the Companions) asked: O Messenger of Allāh, a person is rewarded for satisfying his desire? He said: Tell me, if he were to place it in Ḥarām, would he not be sinful? Similarly, if he were to place it in Ḥalāl, he will be rewarded.” [Muslim]
Sheikh ’Uthaymīn raḥimahullāh said: “If he were to place it”, i.e. referring to the sperm. [Sharḥ Al-Mumti’]
The second evidence: Qiyās (analogy) to sexual intercourse, since the objective of sexual intercourse is ejaculation. Rather ejaculation is a greater way of satisfying one's desire than mere sexual intercourse.
Counter-arguments:
(1) There's no clear textual evidence proving that this invalidates the fast. Had it been from the matters which invalidate the fast, the Prophet ﷺ would have made it clear, and the Companions would have conveyed that to the Ummah just as they conveyed the rest of his teachings.
(2) The ḥadīth of Abū Hurairah raḍhiyallāhu ’anhu mentions: “he abstains from his food, drink, and desire for My sake”; desire (shahwah) is a general term which includes various forms, some of which do not invalidate the fast [*]. So how do we determine what is included, such that the fast is invalidated, and what is excluded, such that the fast is not invalidated?! Aside from sexual intercourse, which is an invalidator by concensus, we have no clear evidence to establish whether any other form of 'desire' invalidates the fast.
[*] footnote: The Prophet ﷺ used to kiss and fondle his wives while fasting.
(3) As for the use of Qiyās (analogy), then this is not applicable because intercourse invalidates the fast whether a person ejaculates or not!
(4) Another clear difference between the two is the fact that some of those who hold this view do not obligate kaffārah in the case of voluntary ejaculation as they do with sexual intercourse. If they were the same, surely the rulings would also be the same with regards to Kaffārah! As for their saying, voluntary ejaculation is a greater form of satisfaction than sexual intercourse, we say: all the more reason why Kaffārah is incumbent in the case of voluntary ejaculation!
(5) There are numerous reports from some of the Companions which falls contrary to their view. For example: when ’Ā'ishah raḍhiyallāhu ’anhā was asked: what is a man allowed to do with his wife while fasting? She said, “Everything except intercourse.” Likewise, when Jābir ibn Zaid raḍhiyallāhu ’anhu was asked about a man who ejaculated after looking at his wife in a lustful manner; does this invalidate his fast? He said, “No, he must complete his fast.” Also, Ibn Mas’ūd raḍhiyallāhu ’anhu used to fondle his wife in the middle of the day while fasting. [These reports are collected in As-Silsilah Aṣ-Ṣaḥīḥah under ḥadīth Nu. 219]
(6) The basic principle is that the fast remains valid unless there is evidence to indicate otherwise.