Al-Baqarah (The Cow): Verse 187

Issues Discussed:

The majority of exegetes hold that in the early days of Prophet Muhammad's (PBUH) law, a fasting person was permitted to eat, drink, and have intercourse after breaking the fast, provided they did not sleep or perform the final 'Ishā' prayer. If they did either of these, these permissions were forbidden until the next night. Allah then abrogated this ruling with this verse.

Abu Muslim al-Isfahani's View: He argued that this prohibition was never established in our law (Sharī'ah); rather, it was established in the law of the Christians. Allah abrogated what was established in their law with this verse, adhering to his principle that no abrogation (naskh) ever occurred in our Sharī'ah.

Arguments for Abrogation (The Majority View):

1. Argument 1: The verse, "Fasting is prescribed for you as it was prescribed for those before you" (Al-Baqarah: 183), implies a similarity between our fast and theirs. Since this prohibition existed in their fast, it must exist in ours by virtue of this similarity. If the prohibition was established in our law, and this verse abrogates it, then this verse must be abrogating a ruling previously established in our law.
2. Argument 2: The statement, "It is made lawful for you to have relations with your wives on the night of the fast," implies that this permission was not present from the beginning. If it had been lawful from the start, the phrase "It is made lawful for you" would be meaningless.
3. Argument 3: The statement, "Allah knows that you used to betray yourselves," implies that they were doing something wrong. If it were lawful, there would be no need for them to "betray themselves."
4. Argument 4: The statement, "So He has turned to you in forgiveness and pardoned you," would not be appropriate unless they had committed something forbidden by acting upon that deed.
5. Argument 5: The statement, "So now go in unto them," would be pointless if the permission was already established as it is now.
6. Argument 6: Narrations regarding the reason for the revelation of this verse indicate that this prohibition was established in our law.

Abu Muslim's Rebuttals to the Arguments:

• Rebuttal to Argument 1: Weak. The similarity in fasting only requires agreement on the fundamental obligation of fasting.
• Rebuttal to Argument 2: Weak. We concede that this prohibition was established in the laws of those before us. Thus, "It is made lawful for you" means what was forbidden to others has been made lawful for you.
• Rebuttal to Argument 3: Weak. That prohibition was established in the law of Jesus (PBUH). Allah obligated us to fast without explicitly stating the removal of that prohibition. Thus, it was natural for them to assume the previous prohibition remained, especially reinforced by the verse comparing our fast to theirs, which implies similarity in all aspects. This created a strong suspicion (shubha muwihima). Because of this, they were strict and refrained from these acts. Allah then said, "Allah knows that you used to betray yourselves," intending to show leniency to the believers. Had the permission not been clarified, they would have remained strict, depriving themselves of their desires. Khiyāna (betrayal) fundamentally means deficiency. The meaning is: Allah knew that if the permissibility of eating, drinking, and intimacy throughout the night had not been clarified, you would have deprived yourselves by refraining from these things after sleeping, following the practice of the Christians.
• Rebuttal to Argument 4: Weak. Repentance from the servant means returning to Allah through worship, and from Allah means returning with mercy and favor. Forgiveness ('afw) means overlooking. Allah clarified His grace upon us by lightening what was heavy upon those before us, like in the verse, "And He removes from them their burdens and the shackles which were upon them" (Al-A'rāf: 157).
• Rebuttal to Argument 5: Weak. Due to the aforementioned suspicion, they refrained from intimacy. When Allah clarified this and removed the doubt, He said, "So now go in unto them."
• Rebuttal to Argument 6: Weak. The claim that this verse abrogates an established ruling does not relate to the ruling on actions ('amal), and a single-narrator report (khabar al-wāḥid) is not evidence in this context. Furthermore, the verse itself indicates the weakness of these narrations, as those narrations mention the people confessed their actions to the Prophet (PBUH). This contradicts the verse, "Allah knows that you used to betray yourselves," which implies hidden action (mubāshara), as ikhtiyān is derived from khiyāna (deception/secrecy).

This concludes the discussion on this issue.

Those who maintain that the prohibition was established in our law and then abrogated cite the following reason for revelation: In the beginning of the Sharī'ah, eating, drinking, and intercourse were permissible until the sleeper awoke or the final 'Ishā' prayer was performed. If either occurred, these acts became forbidden until the next night. A man from the Anṣār, exhausted from fasting, came one evening. (There is disagreement on his name: Mu'ādh said Abu Ṣarmāh; Al-Barr said Qays ibn Ṣarmāh; Al-Kalbī said Abu Qays ibn Ṣarmāh; others said Ṣarmāh ibn Anas). The Prophet (PBUH) asked him about his weakness. He replied: "O Messenger of Allah, I worked in the palm groves all day until evening. I came to my family to be fed, but they delayed, so I slept. They woke me up, and the permission to eat had ceased. 'Umar then stood up and said: 'O Messenger of Allah, I apologize to you for such a case.' I returned to my family after performing the 'Ishā' prayer and went to my wife." The Prophet (PBUH) replied, "You were not worthy of that, O 'Umar." Then several men stood up and confessed what they had done. Consequently, the verse, "It is made lawful for you to have relations with your wives on the night of the fast," was revealed.

The author of Al-Kashshāf mentioned that it was recited as: أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ (Allah made lawful the intimacy...), and 'Abdullāh recited it as: الرُّفُوثُ.

Al-Wāḥidī stated that "the night of the fast" refers to the nights of the fast, where the singular form is used for the plural, citing the verse by Al-'Abbās ibn Murādis:

We said: 'Embrace Islam, for we are your brothers,' So the breasts are cleared of grudges.

I offer another view: "It is not meant to refer to a single night, but rather it points to the night associated with this reality [of fasting]."

Al-Layth said the origin of rafath is indecent speech. Al-Zajjāj cited poetry:

And many a host of pilgrims, like pebbles, Far from idle talk and the rafath of speech.

It is said: Rafatha fī kalāmihi (he spoke indecently) or Arfatha if he spoke obscenities. Allah says: "No sexual intercourse, no impurity, and no disputing during Hajj" (Al-Baqarah: 197). Ibn 'Abbās recited poetry while in the state of iḥrām:

And they walked among us with a soft, gentle gait, As if the birds were true, we were soft-footed.

When asked, "Are you engaging in rafath?" he replied, "Only what is said to women is rafath." Thus, the origin of rafath is indecent speech, which then became the name for what is said concerning matters of disclosure, and finally became a metaphor for sexual intercourse and everything that follows it.

Inquiry: Why is sexual intercourse referred to metaphorically by the word rafath, which denotes ugliness, unlike other terms used, such as: "When some of you have already joined with others" (An-Nisā': 21), "When he covered her" (Al-A'rāf: 189), "Or you have touched women" (An-Nisā': 43), "You have entered into them" (An-Nisā': 23), "So go to your tilth as you willed" (Al-Baqarah: 223), "Before you touch them" (Al-Baqarah: 236), "If you have enjoyed intimacy with them" (An-Nisā': 24), or "Do not approach them" (Al-Baqarah: 222)?

Answer: The reason is the abhorrence of what they were doing before the permission was granted, just as He termed it "betraying yourselves." (And Allah knows best.)

Al-Akhfash stated that the verb rafath is connected with the preposition ilā (to) because it implies the meaning of joining/union (ifḍā') as in the verse, "When some of you have already joined with others" (An-Nisā': 21).

The statement, "It is made lawful for you to have relations with your wives on the night of the fast," implies that the permission covers the entire night, as laylah (night) is in the accusative case indicating time (ẓarf). The night would only be a time marker for rafath if the entire night were occupied by it; otherwise, the time marker for that rafath would be only part of the night.

Based on this, the abrogation is established by this phrase. The subsequent phrase, "And eat and drink until the white thread becomes distinct from the black thread of the dawn," serves as confirmation of this abrogation.

However, some argue that "It is made lawful for you to have relations with your wives on the night of the fast" only indicates the permissibility of rafath during the night, which does not necessitate the abrogation itself. In this view, the abrogating element is the statement, "And eat and drink..."

Regarding the verse: {هن لباس لكم وأنتم لباس لهن} (They are a garment for you, and you are a garment for them)

We have previously mentioned several interpretations for likening spouses to garments:

1. Physical Closeness: Since a man and woman embrace, each body pressing against the other's, each becomes like a garment worn by the other. Al-Rabī' said: "They are a bed for you, and you are a blanket for them." Ibn Zayd said: "They are a garment for you, and you are a garment for them," meaning each conceals the other during intercourse from people's sight.
2. Concealment of the Unlawful: They are called garments because each conceals the other from what is unlawful, as mentioned in the tradition: "Whoever marries has guarded two-thirds of his religion."
3. Exclusivity: Allah made them a garment for the man in the sense that he reserves them for himself, just as he reserves his garment for himself, and he sees her as worthy of having every part of his body meet every part of hers, as is done with clothing.
4. Protection from Harm: It is possible that each is meant to conceal the other from all the mischief that would occur in the house if the wife were absent, just as a person is protected by his garment from heat, cold, and many harms.
5. Concealment of the Forbidden Act (Weak View): Al-Aṣamm suggested that each was like a garment concealing the other during that forbidden act they were committing. This is weak because Allah mentioned this description as a favor (in'ām) to us, so it should not be interpreted as concealing them in something forbidden.

Al-Wāḥidī stated that libās is singular after mentioning the plural "they" (hunna) because it functions like a verbal noun (maṣdar), derived from the pattern fa'āl from the verb fā'ala. The interpretation is: "They are those who closely associate (mulābasāt) with you."

The author of Al-Kashshāf asked: What is the position of the statement, "They are a garment for you"? Answer: It is a new beginning (isti'nāf) serving as an explanation for the reason for the permissibility: When such closeness and association occur between you and them, your patience with them lessens, and avoiding them becomes difficult. Therefore, you are permitted to have intimacy with them.

Regarding the verse: {علم الله أنكم كنتم تختانون أنفسكم} (Allah knows that you used to betray yourselves)

Khāna yakūnu khawnan wa khiyānah means failing to fulfill a commitment. A sword that misses a strike has betrayed you. Time betrays a man when its condition changes for the worse. A man betrays another if he fails to uphold a trust or breaks a covenant, as he was expected to fulfill it. This is related to the verse, "And if you fear treachery (khiyānah) from a people" (Al-Anfāl: 58), meaning breach of covenant. A debtor is called a betrayer because he has not fulfilled what his debt requires. Allah says: "O you who have believed, do not betray Allah and the Messenger or betray your trusts knowingly" (Al-Anfāl: 27), and "But if they intend to betray you, they have already betrayed Allah before" (Al-Anfāl: 71). In this verse, Allah names disobedience as betrayal.

Knowing the meaning of betrayal, the author of Al-Kashshāf said that ikhtiyān is derived from khiyāna, similar to how iktisāb is derived from kasb (gain), implying addition and intensity.

Allah mentioned here that they were betraying themselves, but He did not specify what the betrayal was concerning. This betrayal must relate to what preceded it (mention of intercourse) and what follows it (the statement, "So now go in unto them"). Therefore, this betrayal must refer to sexual intercourse.

Two Interpretations:

1. Interpretation A: Allah knew that you were secretly committing the forbidden act of intercourse after 'Ishā' or eating after sleeping, engaging in what was prohibited. Whoever disobeys Allah and His Messenger has betrayed himself and Allah, as he brought punishment upon himself. This interpretation necessitates that this act did occur by some of them, as it cannot be assumed to have occurred by all of them (otherwise, if taken literally, all would have been betraying themselves, which is unlikely). If this interpretation is accepted, it proves a prior prohibition and that some committed the forbidden act.
   • Abu Muslim's Counter: Betrayal means failing to fulfill an obligation. We interpret it as failing to obey Allah, while you interpret it as failing to fulfill what is better for the self. Our interpretation is preferable because Allah did not say, "Allah knows you were betraying Allah," as He said in Al-Anfāl: 27, but rather, "you were betraying yourselves." Thus, our interpretation is at least equally valid, and under this interpretation, abrogation is not proven.

2. Interpretation B: The meaning is: Allah knew that if that prohibition had remained, you would have betrayed yourselves. This means if that difficult obligation had persisted, you would have fallen into betrayal. Under this interpretation, the betrayal did not actually occur. This interpretation might be preferred as it avoids assuming a condition.
   • Alternative View on Preference: The second interpretation might be preferred because, under the first, the commission of sin becomes the reason for abrogating the obligation. Under the second, Allah knew that if the difficult obligation persisted, betrayal would occur, making the abrogation a mercy from Allah so they would not fall into betrayal.

• According to Abu Muslim: "He turned to you" means He returned to you with permission for this act and leniency.
• According to those who affirm abrogation: It requires an implied meaning: "You repented, so He turned to you."

• According to Abu Muslim: "And pardoned you" means He made things easy for you by permitting eating, drinking, and intimacy throughout the entire night. The word 'afw (pardon/forgiveness) can be used for ease and lightening, as the Prophet (PBUH) said: "I have pardoned you regarding the charity of horses and slaves," and "The beginning of the time is the pleasure of Allah, and the end of it is the pardon ('afw) of Allah" (referring to delaying prayer until the end of the time). The word 'afw does not inherently imply a prior prohibition.
• According to those who affirm abrogation: "{And pardoned you}" must imply: "He pardoned your sins." This strengthens Abu Muslim's view, as his interpretation requires no implied words, whereas the view affirming abrogation requires implication.

This is a command following a prohibition/restriction. Those who say a command following a restriction is only for permissibility have a clear position. Those who say a general command implies obligation say that the apparent meaning was abandoned and the command was understood as permission by consensus (ijmā').

1. Majority View: It means sexual intercourse, named this way due to the sticking together of the skin. It is related that the Prophet (PBUH) forbade a man from intimately touching another man, or a woman touching another woman.
2. Al-Aṣamm's View: It means intercourse and anything less than it. Based on this, exegetes differed on the meaning of "And do not have intimacy with them while you are in seclusion in the mosques" (Al-Baqarah: 187). Some applied it to all forms of intimacy, not just intercourse.

The most likely view is that since mubāsharah is derived from the sticking of skin, it is not exclusive to intercourse but includes intercourse short of penetration, as well as embracing and touching. However, in this verse (permitting intimacy at night), they agreed the meaning is intercourse because the reason for this permission was the occurrence of intercourse among the people, and the preceding rafath is understood only as intercourse. Since permitting intercourse implies permitting lesser acts, the permission for the greater act indicates the permission for the lesser ones. Thus, it is correct here to restrict the term to intercourse only. In the context of i'tikāf (seclusion), where the prohibition is specifically against intercourse, the disagreement among exegetes regarding lesser acts is understandable, as the prohibition against intercourse does not necessarily imply prohibition of lesser acts. This is the view summarized by the Judge.

1. Procreation: Seek the child that Allah has decreed for you through intercourse; do not have intercourse merely to satisfy lust, but to seek procreation, for which Allah instituted marriage. The Prophet (PBUH) said: "Marry and reproduce, so that I may boast of your numbers."
2. Prohibition of Withdrawal ('azl): It is a prohibition against 'azl. Narrations exist regarding its dislike. Al-Shāfi'ī said a man should not practice 'azl with a free woman except with her permission, but it is permissible with a slave girl. 'Āṣim narrated from Zirr ibn Ḥubaysh, from 'Alī (RA), that he disliked 'azl. Abū Hurayrah narrated that the Prophet (PBUH) forbade 'azl from a free woman except with her permission.
3. Seeking the Permitted Place: Seek the lawful place Allah has decreed for you, not the unlawful place He has not decreed. This is similar to: "So go to your tilth as Allah has directed you" (Al-Baqarah: 223).
4. Emphasis on Permitted Act: This is emphasis: So now have intercourse, and seek this intercourse that Allah has decreed for you after it was forbidden.
5. Abu Muslim's View: So now have intercourse, and seek what Allah has decreed for you—meaning this intercourse that Allah had decreed for you, even though you thought it was forbidden.
6. Permitted Times/Conditions: Marital intimacy can be forbidden at certain times (menstruation, post-natal bleeding, waiting period, apostasy). "Seek what Allah has decreed for you" means only have intercourse in the times and conditions He permitted.
7. Permitted Partners: "So now go in unto them" permits intimacy, and "seek what Allah has decreed for you" means seek this intimacy only from wives and slave girls, as this is what Allah decreed in: "Except from their wives or those whom their right hands possess" (Al-Mu'minūn: 6).
8. Seeking Laylat al-Qadr (Night of Decree): Mu'ādh ibn Jabal and Ibn 'Abbās (in a narration by Abu al-Jawzā') said it means: Seek Laylat al-Qadr and the reward Allah has decreed for you therein, if you find it. The majority of verified scholars considered this view remote. I find no harm in it: As long as a person's heart is occupied with seeking lust and pleasure, he cannot devote himself to obedience, servitude, and presence. Once he satisfies his desire and is free from seeking lust, he can devote himself to servitude. The interpretation is: Now have intercourse with them so that you may be freed from those distracting thoughts preventing sincere devotion. Once freed, seek what Allah has decreed: sincerity in worship, prayer, remembrance, glorification, and seeking Laylat al-Qadr. This narration is not unlikely under this interpretation.

1. Meaning "Made/Established": Like in "Allah has decreed faith in their hearts" (Al-Mujādilah: 22), meaning established. Or "So record us among the witnesses" (Āl 'Imrān: 53), meaning "Make us."
2. Meaning "Decreed/Judged": Like in "Say, 'Nothing will ever happen to us except what Allah has decreed for us'" (At-Tawbah: 51), meaning judged. Or "Allah has decreed, 'Indeed, I and My messengers will be victorious.'" Or "Those upon whom death was decreed" (meaning judged).
3. Original Meaning (Preserved in the Preserved Tablet): What Allah wrote in the Preserved Tablet as destined to occur. Every judgment He decreed upon His servants, He inscribed in the Preserved Tablet.
4. What is Written in the Qur'an: The permission for these acts written by Allah in the Qur'an.

Ibn 'Abbās recited: وَابْتَغُوا (And seek). Al-A'mash recited: وَابْغُوا (And seek).

The reason for mentioning both is that the prohibition of intercourse, eating, and drinking at night (after sleeping) required a specific proof to lift the prohibition for each. If Allah had only said, "So now go in unto them," the lifting of the prohibition on eating and drinking would not have been known. Therefore, He coupled it with, "And eat and drink," to complete the indication of permissibility.

Regarding the verse: {حَتَّى يَتَبَيَّنَ لَكُمُ الْخَيْطُ الْأَبْيَضُ مِنَ الْخَيْطِ الْأَسْوَدِ مِنَ الْفَجْرِ} (Until the white thread becomes distinct from the black thread of the dawn)

It is narrated that when this verse was revealed, 'Adī ibn Ḥātim said: I took two ropes, one white and one black, placed them under my pillow, and stood up at night looking at them. The white did not become distinct from the black. In the morning, I went to the Messenger of Allah (PBUH) and told him. He laughed and said: "You have a wide nape! That is only the whiteness of the day and the blackness of the night." The Prophet (PBUH) called him "wide-naped" because this is an indication of a person's dullness.

This clearly indicates that the verse refers to the whiteness of the true dawn (ṣādiq) and the blackness of the night.

A Problem: The dawn thread (khayṭ) associated with the black thread is the false dawn (kādhib), which is a vertical whiteness resembling a thread. The true dawn (ṣādiq) is a circular whiteness on the horizon. According to the verse, the beginning of the day should be the false dawn, but consensus holds that it is not so.

Answer: If Allah had not added the phrase "of the dawn" at the end of the verse, the question would be necessary. The dawn is called fajr because light bursts forth (yanfajir), which only happens with the second dawn (ṣādiq), not the first. Since the verse indicates the white thread must be from the dawn (min al-fajr), we know it refers to the true dawn, not the false dawn.

Inquiry: How can the true dawn be likened to a thread, since the true dawn is not elongated like a thread?

Answer: The portion of whiteness that prohibits fasting is the very beginning of the true dawn, which is not spread out but small and fine. The difference between the false and true dawn is that the false dawn appears fine, while the true dawn begins fine and then rises elongated. Thus, the question is resolved. The narration about 'Adī ibn Ḥātim is far-fetched, as it is unlikely such a metaphor would be hidden from someone of his stature, especially with the phrase "of the dawn."

The word ḥattā (until) denotes the end of a limit. This verse indicates that the permissibility of intimacy, eating, and drinking ends when the dawn becomes distinct.

Abu Muslim al-Isfahānī claimed that none of the things that break the fast are among these three (intercourse, eating, drinking). Matters mentioned by jurists, such as intentional vomiting, enema, or nasal drops, do not break the fast because they were permissible initially. This verse only indicated the prohibition of the three mentioned acts after dawn. Therefore, everything else remains permissible according to the original state, and none of them break the fast.

The jurists argue that Allah specifically mentioned these three because the soul is inclined toward them, whereas the soul dislikes vomiting and enemas, and nasal drops are rare.

The view of Abu Hurayrah and Al-Ḥasan ibn Ṣāliḥ ibn Jannī is that a person in a state of janābah (major ritual impurity) who wakes up before performing the ritual bath (ghusl) does not have a valid fast. This verse refutes their view because if intercourse is permissible until the break of dawn, the ghusl cannot be performed until after the dawn has broken.

Al-A'mash claimed that eating, drinking, and intercourse are permissible after the break of dawn but before sunrise, by analogy with the end of the day (sunset). Just as the end of the day is sunset, the beginning of the day should be sunrise. He argued that the white and black threads refer to day and night, and the similarity is only in color. If the shape similarity were intended, it would be invalid because the darkness of the horizon at dawn cannot be likened to a black thread. Thus, the white and black threads mean day and night. Since the night is defined as the absence of the sun (as in "then complete the fast until the night"), the beginning of the day must also be defined by the appearance of the sun (sunrise).

Other views mentioned (which have become extinct and agreed upon as invalid by jurists) include: defining the end of fasting by the disappearance of the red glow, or the appearance of complete darkness and stars.

Fajr is the verbal noun from fajara al-mā' afjuruhu fajran (to make water flow). Al-Azhari said the origin of fajr is splitting/cleaving. This dawn splits the darkness of the night with the light of the morning.

Regarding the phrase "of the dawn" (min al-fajr): Some say it is for specification (tab'īḍ), meaning only part of the dawn is considered, not all of it. Others say it is for clarification (tabyīn), as if saying: the white thread, which is the dawn.

Since Allah permitted intercourse, eating, and drinking until the time the dawn becomes distinct, we must know what that distinction is.

1. Certainty: Seeing the dawn break, or being certain that enough time has passed for the dawn to appear.
2. Probability (Ẓann): If one strongly believes the dawn has broken, eating, drinking, and intercourse become forbidden. If one strongly believes it has not broken, they remain permissible. If one eats, then realizes later that their belief was wrong and the dawn had already broken, there is disagreement on whether qaḍā' (making up the fast) is required. Similarly, if one believes the sun has set and breaks the fast, then realizes it had not set.
   • Al-Ḥasan said no qaḍā' is required in either case, by analogy with one who eats out of forgetfulness.
   • Abu Ḥanīfah, Mālik, and Al-Shāfi'ī (in one narration) said qaḍā' is required because the command is to fast from dawn until sunset, which was not fulfilled.
   • Regarding forgetfulness, Mālik requires qaḍā', while others who exempt the forgetful person argue that the evidence necessitates qaḍā' but it is waived due to the explicit text (the narration of Abu Hurayrah where the Prophet (PBUH) told the man who ate while fasting: "May Allah feed you and give you drink; your fast is complete.").
3. Third View: If one errs regarding the dawn, no qaḍā' is required. If one errs regarding sunset, qaḍā' is required. The difference is that the default state at night is permissibility, and during the day is prohibition. If one is doubtful about both, eating/drinking/intercourse is disliked, but if done, it is permissible because the default state is that the night persists. (And Allah knows best.)

Regarding the verse: {ثم أتموا الصيام إلى الليل} (Then complete the fast until the night)

The preposition ilā (until) denotes the end of a limit. The apparent meaning is that the fast ends upon the entry of night, as the limit is the termination point. This word sometimes does not imply exclusion, like in "up to the elbows" (Al-Mā'idah: 6). However, the night is not of the same genus as the day, so the night is excluded from the ruling of the day.

The sound tradition narrated by 'Umar (RA) states: "When the night approaches from here, and the day departs from here, and the sun has set, the fasting person has broken his fast." This indicates the fast ends at that time.

Whether one must consume something at this time is indicated by the prohibition of wiṣāl (continuous fasting without breaking it), narrated by Al-Shāfi'ī from Ibn 'Umar. The Prophet (PBUH) said: "I am not like you; I am fed and given drink by my Lord." This means either he was fed from the food of Paradise, or he was certain that if he needed food while continuing, Allah would provide it. Ibn al-Zubayr used to fast continuously for seven days, then five, then three as he aged.

Al-Shāfi'ī's statement suggests the prohibition of wiṣāl is one of strict prohibition (taḥrīm). Others interpret it as mere discouragement (tanzīh), as it is abandoning a permissible act. If one breaks the fast with even a drop of water, they are free to continue their day, unless they fear falling short in future fasts or other acts of worship, in which case they should eat enough to remove that fear.

Some said the night is the end of the day meeting its beginning, considering the disappearance of the sun's traces (like the appearance of the sun's traces marks the end of night). Some required the disappearance of the red glow, others required complete darkness and the appearance of stars. However, the narration of 'Umar invalidates these views, and jurists act upon the narration.

The Ḥanafīs rely on this verse to argue that the intention (tabyīt) and specification of the fast are not conditions for the validity of the obligatory fast. They argue that linguistically, fasting is abstinence (imsāk), which is present here, so the fast must be completed due to the command: "Then complete the fast until the night." They argue that abstinence is hardship, which is negated by Allah: "He has not placed upon you in religion any difficulty" (Al-Ḥajj: 78). Abandoning this principle in a valid fast means the invalid fast remains on the original ruling (i.e., valid). They add that this logic implies that a supererogatory fast (nafl) could be valid with an intention after noon, but they reject this by saying the minimum (intention before noon) is attached to the majority (intention before dawn).

The Ḥanafīs also use this verse to argue that the supererogatory fast must be completed, as "{Then complete the fast until the night}" is a command that applies to all fasts. The Shāfi'īs argue this was revealed to explain the rulings of the obligatory fast, so it only applies to it.

Ruling 7: The Ruling on Seclusion (I'tikāf)

When Allah clarified fasting and the prohibition of intimacy during the day, it might be assumed that seclusion (i'tikāf) shares the same ruling—prohibition of intercourse only during the day. Allah clarified that intimacy is forbidden during both day and night while in seclusion.

Linguistically, i'tikāf is remaining attached to something and confining oneself to it, whether for righteousness or sin, as in: "They were devoted to their idols" (Al-A'rāf: 138). Legally (Shar'ī), it is remaining in the House of Allah seeking closeness to Him. This returns to restricting the general term by the specific usage established by custom. It is an ancient practice, as Allah says: "And [mention] when We made the House a place of return for the people and a sanctuary. And take, [O believers], from the standing place of Abraham a place of prayer. And We charged Abraham and Ishmael, [saying]: 'Purify My House for those who perform Tawaf and those who are in seclusion...'" (Al-Baqarah: 125).

If a man touches a woman without lust, it is permissible, as 'Ā'ishah (RA) used to comb the hair of the Prophet (PBUH) while he was in i'tikāf. However, if he touches her with lust, kisses her, or has intimacy short of penetration, it is forbidden for the one in i'tikāf and invalidates his seclusion.

Al-Shāfi'ī has two opinions; the sounder one is that it invalidates i'tikāf. Abu Ḥanīfah said it does not invalidate i'tikāf unless ejaculation occurs.

Argument for Invalidation: The original meaning of mubāsharah is the contact of skin. The prohibition "{And do not have intimacy with them}" forbids this reality, thus including intercourse and all lesser acts, as the meaning of mubāsharah is present in all of them.

Inquiry: Why did you interpret mubāsharah as intercourse in the previous verse (regarding fasting), but here you interpret it broadly?

Answer: In the fasting verse, the preceding context ("It is made lawful for you... intimacy") and the reason for revelation indicate intercourse. Since intercourse was permitted, lesser acts were permitted by extension (a fortiori). Here, no such context exists, so the term mubāsharah must be kept to its original, broader meaning.

Argument for Non-Invalidation: We agree that this type of intimacy does not invalidate fasting or Hajj. Since i'tikāf is not a higher status than them, it should not be invalidated.

Answer: Explicit text takes precedence over analogy (qiyās).

They agreed that being in the mosque is a condition for i'tikāf, as the mosque is distinguished for acts of worship. They differed on which mosque:

• 'Alī (RA) narrated that it is only valid in the Sacred Mosque (Mecca). Argument: "{Purify My House for those who perform Tawaf and those who are in seclusion...}" (Al-Baqarah: 125) specifies that House for all those in seclusion. If it were valid elsewhere, this generalization would be incorrect.
• 'Aṭā': Only valid in the Sacred Mosque and the Prophet's Mosque (Medina), based on the narration about the superiority of prayer in these two mosques over others.
• Ḥudhayfah: Valid in these two mosques and the Mosque of Jerusalem, based on the hadith: "No journey should be undertaken except to three mosques: the Sacred Mosque, Al-Aqṣā Mosque, and my mosque."
• Al-Zuhri: Only valid in the congregational mosque (al-jāmi').
• Abu Ḥanīfah: Only valid in a mosque with a regular Imam and Muezzin.
• Al-Shāfi'ī: Valid in all mosques, though the congregational mosque is better so one does not need to leave for Friday prayer. His argument is the generality of the verse: "{...while you are in seclusion in the mosques}" (plural).

It is permissible to perform i'tikāf without fasting, but it is better to fast with it. Abu Ḥanīfah said it is not valid without fasting.

Al-Shāfi'ī's Argument: This verse, as it forbids intimacy for the one in seclusion, implies he is in a state where he is considered secluded while not fasting. If his seclusion were invalid, he would not be forbidden from intimacy. Therefore, the ruling applies even without fasting.

Al-Muzanī's Proofs for Al-Shāfi'ī:

1. If i'tikāf required fasting, it would not be valid during Ramadan, because the required fast would either be the Ramadan fast (invalid, as it's required by the month, not i'tikāf) or another fast (impossible). Since they agree it is valid during Ramadan, fasting is not required by i'tikāf.
2. If i'tikāf required fasting, the fasting person would have to exit seclusion at night (since fasting is suspended at night), but the opposite is true. Thus, i'tikāf can be performed alone without fasting.
3. Ibn 'Umar (RA) narrated that he vowed in the pre-Islamic era to observe i'tikāf for one night. The Prophet (PBUH) told him: "Fulfill your vow." Fasting at night is not permissible.

Al-Shāfi'ī said there is no fixed duration for i'tikāf. If one vows to observe it for an hour, it is valid. If one vows to observe it generally, fulfilling it for an hour discharges the vow, like vowing to give charity generally. He preferred observing it for a day to avoid disagreement.

Abu Ḥanīfah requires a minimum of one full day (entering before dawn and exiting after sunset).

Al-Shāfi'ī's Argument: No specific duration is more appropriate than another, so we revert to the minimum necessary time.

Abu Ḥanīfah's Argument: Confinement of the self does not occur in a single moment, and under this view, the secluded person would not be distinguished from someone merely waiting for prayer.

Regarding the statement: {تِلْكَ حُدُودُ اللَّهِ} (These are the limits of Allah)

"These" cannot refer only to the ruling of i'tikāf, as ḥudūd (limits) is plural, and only one limit (prohibition of intimacy) was mentioned for i'tikāf. Rather, it refers to everything mentioned from the beginning of the fasting verse up to this point, as previously detailed.

Al-Layth said a limit is its termination point. Al-Azhari said this is why the deprived person is called maḥdūd (restricted from provision), and the doorkeeper is called ḥaddād (one who prevents entry). The limit of a house is what prevents others from entering. The limits of Allah are what prevent deviation from them. Logicians call a comprehensive, restrictive statement a ḥadd. Iron is called ḥadīd because it prevents harm. Similarly, a woman's iḥdād (mourning period) is called this because she is prevented from adornment.

Therefore, the meaning of the limits of Allah is His boundaries—His measures established with specific quantities and defined characteristics.

Two Problems:

1. Since "{These are the limits of Allah}" refers to everything mentioned, and these matters include both permissions and prohibitions, why the command "Do not approach them" for all of them?
2. Allah said elsewhere: "These are the limits of Allah, so do not transgress them" (Al-Baqarah: 229), and regarding inheritance: "Whoever disobeys Allah and His Messenger and transgresses His limits..." (An-Nisā': 14). Why the variation: "Do not approach them" here?

Answers:

1. Best Answer: Whoever is in obedience to Allah and acts according to His laws is operating within the realm of Truth (ḥaqq). He is forbidden from transgressing that boundary because crossing it leads to error. The prohibition is intensified to forbid even approaching the limit (the barrier between Truth and falsehood), lest one draw near to falsehood and be far from the edge, let alone crossing it. This is like the Prophet's (PBUH) saying: "Every king has a sanctuary, and Allah's sanctuary is His prohibitions. Whoever grazes around the sanctuary is close to falling into it."
2. Abu Muslim's View: "Do not approach them" means do not tamper with them or change them, like in "And do not approach the orphan's property" (Al-Isrā': 34).
3. Contextual Focus: Although many rulings preceded this verse, the closest ones are "{Then complete the fast until the night}" (implying prohibition of eating/drinking during the day), and "{And seek what Allah has decreed for you}" (implying prohibition of intercourse outside marriage, outside the proper place, or during menstruation/waiting period). Since the preceding rulings were mostly prohibitions, the side of prohibition prevailed: "These are the limits of Allah, so do not approach them," meaning these things you are forbidden from are forbidden by Allah's command, so do not approach them.

1. General Clarification: Just as He clarified what He commanded and forbade in this context, He clarifies all His proofs for His religion and law.
2. Abu Muslim's View: "The signs" refers to the prescribed duties (farā'iḍ) He clarified, citing: "A Surah which We have sent down and ordained and in which We have sent down clear verses that you may remember" (An-Nūr: 1), where He then explained the signs by detailing the rulings for adulterers and fornicators. Thus, Allah clarifies what He has legislated so that people may fear Him by acting upon what is required.
3. Praise for Clarity: Since Allah clarified the rulings of fasting exhaustively in this verse using few words in a complete and sufficient manner, He followed it with: "Thus Allah makes clear to you His signs," meaning such a complete, clear, and perfect explanation is what is presented to people. The purpose is to magnify the status of clarification and His mercy upon creation in providing such an explanation.

Regarding "{Lest you become righteous (taqūn)}," its explanation has passed many times.

Ruling 8: Rulings on Wealth