Answer:
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Since this question has always been asked to us whether it is through our social media or others, we decided to give an in-depth explanation in answering this issue.
A pregnant woman who is nursing her child is given a facilitation to break or leave her fast. Syeikh Dr Yusuf al-Qaradhawi in FIqh al-Siyam did not specify any conditions for the pregnant woman who does not fast, for there are no evidences that mentioned it. However, there is a general evidence in this issue, a hadith from Anas bin Malik RA:
إِنَّ اللَّهَ عَزَّ وَجَلَّ وَضَعَ عَنِ الْمُسَافِرِ شَطْرَ الصَّلَاةِ، وَعَنِ الْمُسَافِرِ وَالْحَامِلِ وَالْمُرْضِعِ الصَّوْمَ، أَوِ الصِّيَامَ
“Allah, the mighty and sublime, has waived half of the prayer and fasting for the traveller, the pregnant woman and the sick.”
Sunan al-Tirmizi (715), Sunan al-Nasaie (2775) and Sunan Ibn Majah (1667)
Even so, there is khilaf regarding whether it is necessary for the said woman to replace her fast or not. The following are the summarized different opinions of scholars:
- First: Madhhab Hanafi: If the pregnant or nursing woman leave her fast, then it is only obligatory for her to qadha’ her fast, but it is sunnah for her to pay fidyah. This is the opinion stated by al-Hasan, Atha’ al-Nakhaie, al-Zuhri, al-Auzaie, Sufyan al-Thauri. This is also a wajh in madhhab Syafie.
- Second: Madhhab Syafi’e and Hanbali: It is obligatory for her to qadha’ her fast and pay fidyah for a woman who is pregnant or nursing who leaves her fast, fearing that it would affect the health of only her fetus or baby who she is nursing according to the final opinion. This is also the opinion of Mujahid.
- Third: Madhhab Maliki: It is obligatory to qadha’ the fast and pay fidyah for a woman who leave her fast for nursing her baby and not for a woman who is pregnant. A pregnant woman is only obligated to qadha’ her fast without paying fidyah. This is the third opinion in madhhab Syafie.
- Fourth: The opinion of some of the companions of the Prophet PBUH such as Ibn Abbas, Ibn Umar, Ibn Sirin: If both the pregnant or nursing women are worried for herself or her child, then it is permissible for her to break her fast and only pay fidyah according to the general verse:
وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ
“And upon those who are able [to fast, but with hardship] - a ransom [as substitute] of feeding a poor person [each day].”
Surah al-Baqarah (184)
Refer al-Mausu`ah al-Fiqhiyyah al-Kuwaitiyyah (32/70)
According to all these opinions of the madhhabs, Syeikh Attiyyah Saqr in Seen Wa Jeem Lil-Mar’atl-Muslimah (Muslimah Q&A) stated it is permissible to choose any one of the above opinions. However, Dr Yusuf al-Qaradhawi stated that the strongest opinion is the one presented by Ibn Abbas R.Anhuma.
Disposition
After analysing the evidences, we are inclined towards the opinion of madhhab Syafie and Hanbali which states that qadha’ is obligatory if she feared for the health of only herself. Similarly, if she is concerned about both herself and her child, then it is also obligatory to qadha’ the fast that she left. Thus, if she only feared for the health of her fetus or the child that she is nursing without worrying about her own health, then it is obligatory for her to replace her fast as well as pay fidyah if she breaks her fast. This is the opinion of the majority of scholars and they cited the Islamic legal maxim: “The ruling of providing food remains as the rights of those who are unable to fast.”
Imam al-Turmuzi said: “And the practise among most scholars is that it is permissible for these women to break their fast by giving food to the poor and needy as fidyah and qadha’.”
This opinion is the same as the opinion of Syeikh Taqiyuddin.
Ibn kathir said: “For pregnant and nursing women, it is permissible for them to leave their fast but afterwards, she should pay fidyah and qadha’ her fast.”
- Scholars have stated that Ibn Abbas and Ibn Umar have retracted from this opinion. Thus, the opinion cannot be ascribed to them. See As-Saum Wa al-Iftar Li Ashab al-A'zar(pg. 152-153)
- Al-Baihaqi narrated in al-Sunan al-Kubra, explaining with a continuous sanad from Ibn Umar that a pregnant woman was fasting in the month of Ramadhan and was very thirsty and thus asked Ibn Umar about it. Then Ibn Umar instructed her to break her fast and feed the poor, which is one mudd for each day that she missed. Afterwards, when she is well, she must qadha’ her fast. See as-Sunan al-Kubra 4/230.
- Regarding Ibn Abbas, Abdul Razzaq has stated with the sanad that shows the obligation for qadha’. The words from al-Thauri and Ibn Juraij, from Atha’ from Ibn Abbas, he said: “It is permissible for pregnant and nursing woman to break their fast in Ramadhan and she has to qadha’ her fast without feeding the poor.” See Musannaf 4/218.
- Thus, the opinion of Ibn Abbas R.Anha and Ibn Umar is the same as the opinion of the majority of scholars.
The Discussion of the Verse
Here we state the opinions of scholars regarding the meaning of the verse:
وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ
“And upon those who are able [to fast, but with hardship] - a ransom [as substitute] of feeding a poor person [each day].”
Surah al-Baqarah (184)
Commentaries of Scholars on the Verse
Among the commentaries are:
- Ibn Kathir said: “The verse is abrogated for those who are healthy and a resident with the obligation of fasting on them.”
- Ibn Abbas said: “The verse is not abrogated for it is meant for debilitated or feeble man or woman who are unable to perform their fast. Thus, they have a right to break their fast and feed the poor and needy for each day they leave their fast. This is also the narration from Anas bin Malik, al-Hasan al-Basri, Ibrahim al-Nakhaie and Said bin Jubair.”
- According to the narration of Ubaidillah from Nafi’ from Ibn Umar, this verse has been abrogated.
- Al-Alusi in Ruh al-Ma’ani said: “For those who are fasting in difficulty and masyaqqah which includes being pregnant or nursing, it is permissible to break his/her fast for he/she has lost the ability to fast.”
- Al-Qurtubi in his commentary stated: “This verse also includes people who are ill and pregnant for both of them are able to fast but experience masyaqqah that follows them, it is enough for them to continue their fast or pay the fidyah.”
- Syeikh Ibnu Asyur in Tafsir al-Tahrir wa al-Tanwir said: “The word al-mutiq which means an able person and if the word taqah is used, it is closer to the stage of one’s ability towards the weak side. Then he states, pregnant and nursing women is permissible to break their fast and should only feed the poor and needy for every day they break their fast.”
- Imam al-Nasafi in his tafsir Madarik al-Tanzil states: “This verse shows that in the beginning of Islam where they are obligated to fast when they are not used to fasting, which makes it difficult for them, thus, a facilitation for them to break their fast and just pay fidyah. Afterwards, the verse is abrogated with another verse.”
- Syeikh Muhammad Abu Zahrah in his commentary Zahrah al-Tafasiramong others stated: “This verse showed how difficult until a person continuously lost the ability such as a very old person and this is the commentary presented by Ibn Mas’ud.”
The discussion of the verse can also be divided into two:
- Is the verse abrogated or not?
- What is the meaning meant by the verse?
In short, scholars have differing opinions regarding the verse, whether it is abrogated or not and their opinions are divided into four:
First: It is not abrogated just like the opinion of Ibn Abbas.
Second: It has been abrogated the same as the opinion of Salamah and the majority of scholars.
Third: It is abrogated specifically for those who are able and are healthy but remain applicable for pregnant and nursing women.
Fourth: Some parts of it is abrogated while some parts of it is muhkam (perspicuous).
Regarding the second question, for whom are this verse refers to, there are three opinions of scholars on it as stated in Tafsir Fakhr al-Razi:
First: This verse refers back to travellers and people who are sick.
Second: The verse refers back to people who are residing and healthy. And this is the opinion of the majority of commentary scholars.
Third: The verse is revealed to old syeikh (elders).
Conclusion
Analysing the opinions of scholars, we found that there are differing opinions among scholars who only tried to find the strongest and rajih evidences. At the same time, there are scholars who choose the road of ihtiyat (cautious) where it is safer. Thus, in this issue we are inclined towards the opinion that states for pregnant and nursing woman, if she chooses to break her fast, then she will fall into one of two situations:
- If she is only worried for her well-being, then it is permissible for her to break her fast and only qadha’ her fast.
- If she feels sorry for her fetus and the baby she is nursing, then it is permissible for her to break her fast and only pay fidyah according to the opinion of some scholars such as Ibn Abbas, Ibn Umar and ibn Sirin, Syeikh Abu Zuhrah and Syeikh Muhammad Tahir Ibn Asyur. While according to madhhab al-Syafie, it is permissible for her to break her fast but it is obligatory for her to qadha’ her fast and pay fidyah.
Hopefully, this explanation will benefit us all.
Wallahua’lam.