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The Proofs and Decisive Evidences on the
Incorrectness of the Concession not to Fast in
Ramaḍān Due to Wearing Medical PPE
Endorsed by: Abū ʿĪsā Zulfiker Ibrāhīm Memon

All Perfect and Complete Praise with Love and Veneration is Exclusive to Allāh ()
Alone. May the Praise of Allāh be Exalted for His final Nabī and seal, Muḥammad
(), in the most Noble and Highest of Gatherings, and may His Peace also descend
upon him. As to what proceeds:
In Sūrah al-Baqarah, Āyah: 183, Allāh () says:
“ O you who have believed, decreed upon you is fasting as it was decreed upon those
before you that you may become righteous.
It was narrated on the authority of Abū Hurayrah (), that Rasūlullāh () said:
al-ṣiyām [the fasting] is a shield (from the hellfire).1
1
Recorded in Ṣaḥīḥ al-Bukhārī, The Book of Fasting, Section: al-Ṣawm (the fasting) is an
expiation (for sins), Ḥadīth: 1894, Page: 79, Volume: 3, Published by: Darussalam,
Printed in: 1418 AH.
I received a few enquiries from UK Muslims regarding a fatwā that was
gaining popularity on Facebook. Seemingly issued by a twelve member committee
who ascribe themselves to the madhhab of the Ahl al-Ḥadīth, the fatwā stated that
NHS key workers such as doctors, nurses etc. helping in the effort against the novel
coronavirus pandemic were exempt from fasting in Ramaḍān this year.
The reasoning stated behind this fatwā was that staff who wear PPE would be
deprived of oxygen, presumably due to difficulty breathing with PPE on and thus can
have an effect upon their work and health.
As stated earlier, those who issued this fatwā themselves ascribe to the
madhhab of the Ahl al-Ḥadīth. They even declared that this is the position of the Ahl
al-Ḥadīth on this issue. As it happens, our research on this fatwā and the issues
surrounding it have reached the following outcomes which we have summarised as
ten key points and a discussion of six issues:
Firstly, may Allāh (), the Most High have Mercy upon you, I do not
know of a single reliable Muftī upon the methodology of Ahl al-Ḥadīth spanning from
the east to the west, as they say in the Arabic language:
min al-sharq ilā al-gharb
— who has issued a fatwā remotely aligned with the one stated above.
Examples have been provided for illustration (see Issues number three and four in the
pages following the ten key points)
Secondly, may Allāh () the Most High, accept your fasting and night
prayer in this mubārak month. I personally discussed the above issue in detail with
qualified and respected Ahl al-Ḥadīth Scholars & Muftīs. They and myself seemed to
concur that this fatwā was not based upon adequate or appropriate research, and didn’t
seem to be based upon the accepted principles that were agreed upon on the issue of
giving concessions from fasting in the month of Ramaḍān.
Thirdly, may Allāh () grant you the tawfīq to be steadfast on the
Sunnah and abstain from innovation in the Dīn. To substantiate this further, I
consulted my students, some of whom are doctors; and other doctors I personally
know. I requested each of them to reach out to other doctors and frontline doctors and
so we ended up with a group of qualified Muslim doctors who, to the best of my
knowledge, adhere to the Qurʾān and Sunnah and who have been working in the
Covid-19 pandemic whilst wearing PPE this Ramaḍān. Interestingly, not a single
Muslim doctor agreed with this fatwā, or the reasoning behind it. I have provided
excerpts from the statement of one of them later on (please see The Fifth Issue).
Fourthly, may Allāh () have Mercy upon your parents and may you be
the coolness of their eyes. I was advised by my teachers and other Scholars to release
my clarification and research as soon as possible publicly, so as to clarify the truth.
This is especially so since it is clear that this unusual fatwā is most certainly not the
official position of the madhhab of the Ahl al-Ḥadīth. At best, it represents the
opinion of the twelve-member panel, or perhaps the organisation involved, and since
it opposes key Ahl al-Ḥadīth principles on issuing fatāwā, especially with respect to
issuing concessions for fasting, and performing adequate research, following it
without question would constitute blind following.
Fifthly, may Allāh () guide you to the truth and keep you steadfast upon
it. This fatwā has been prepared for the general public with the consent of the
Scholars. It is to be seen as a clarification and is not a personal attack on any
individual or organisation, rather it is conveying the truth to benefit the general public
which is the purpose behind this attempt. Thus, I have purposely kept it simple and
easy to understand, as per the Ḥadīth reported by Imām Muslim () [d.261 AH], it was
narrated on the authority of ʿĀʾishah () that she said:
“Rasūlullāh () commanded us to descend to the levels of
(the understanding) of the people.”2
A detailed academic response will be done in the near future if Allāh, the Most High,
Wills.
Sixthly, may Allāh () grant you the ability to do good for others and
guide them to the Sunnah by you learning it. Due to the ascription of this fatwā to
the Ahl al-Ḥadīth, reliable Ahl al-Ḥadīth Muftīs from the east advised me that it was
obligatory upon me to clarify the truth in the west and warn the people of the
incorrectness of this fatwā and thus clarify the madhhab of Ahl al-Ḥadīth and its
ascription towards it. To accommodate the public in the west, they have consented
that this fatwā be released in English.
Seventhly, may Allāh () grant you to be from those who stand in the
night prayer on the night of decree. It is imperative that when a person issues a
fatwā he is well versed on the unique contemporary issues related to the subject at
hand, ‘Fiqh al-Nawāzil’, and the principles pertaining to them. To give a verdict
2
Recorded in Ṣaḥīḥ Muslim, Introduction, Page: 41,
Published by: Darussalam , Printed in: 1427 AH.
without having knowledge of contemporary issues is lackadaisical and can be
catastrophic.
It is only befitting for the person issuing a fatwā on topical issues that he should
involve experts of that field, like doctors and nurses in this case, and then rely on their
research or authoritative expert opinion to give a verdict, especially when it seems to
be in contrast to the principles of the Qurʾān & Sunnah. It seems that this twelve-man
committee have misunderstood and consequently misrepresented the issue and have
not adhered to established aforementioned principles. Even their reasoning for giving
this concession is not based upon established facts and seem merely speculative. In
Sūrah al-Anʿām, Āyah: 116, Allāh () says:
“They follow not except assumption, and they are not but falsifying.”
Eighthly, May Allāh () enlighten your heart for the Ḥadīth of
Rasūlullāh () to be studied and followed. The Scholarly consensus with regards
to issuing a fatwā states that one of the principles is that the Muftī must derive rulings
from the Qurʾān & Sunnah according to the understanding of the pious predecessors.
Also, the Muftī must refer to the experts of that field prior to issuing a final
verdict. Thirdly, the Muftī must strive to get it approved by qualified Scholars prior to
publishing or popularising it.
Ninthly, may Allāh () forgive your past sins due to you fasting and
praying tarāwīḥ with Īmān and hoping for its reward. One cannot argue that this
is merely a matter of a valid difference of opinion, or one of scholarly ijtihād
(exercising independent judgement). So, one cannot choose a fatwā based upon
individual preferences and conveniences.
Know, dear reader, that the truth is not divided, not every single difference of
opinion is a valid one, and not every single ‘ijtihād’ is an accepted one, especially one
that seems to go against the principles of the Sharīʿah, of topical research, and well-
established facts.
If every difference of opinion were to be valid, then distinguishing truth from
falsehood would be virtually impossible, and people would simply follow their desires
and conveniences. Before long, the Dīn would dissolve into an amorphous mass of
confusion and desire, with each opinion being considered ‘valid’ no matter how
radical or odd.
As reported by Imām al-Bayhaqī () [d.458 AH], it was narrated by al-Imām al-Awzāʿī
() [d.157 AH], who said:
“Whoever clings on to the odd opinions of the Scholars has exited Islām.”3
The issue is whether this is the madhhab of Ahl al-Ḥadīth that was revived by Shaykh
al-Islām Nadhīr Ḥusayn Dehlawī () [d.1320 AH] in the Indian sub-continent, who
made clear, among other things, the principles of the Salaf of the Ahl al-Ḥadīth for
fatwā. So, the issue is whether this fatwā conforms to the madhhab of Ahl al-Ḥadīth,
and not whether it may be acceptable to another madhhab or sect, the latter being out
of the scope of our discussion.
In Sūrah al-Nisāʾ Āyah: 59, Allāh () says:
ۚ
“And if you disagree over anything, refer it to Allāh and the Rasūl, if you should
believe in Allāh and the Last Day. That is the best [way] and best in result.”
Tenthly, may Allāh () keep you and your families safe from the novel
coronavirus outbreak. The main reason for this response is to clarify the truth and
provide theologically and topically accurate knowledge to firstly clarify the madhhab
of the Ahl al-Ḥadīth to the people, and to allow them to make an informed choice
about this fatwā before they choose to follow it, based upon the Ḥadīth, Imām Muslim
has transmitted: it was narrated on the authority of Tamīm al-Dārī (), that the Nabī
() said:
“The Dīn is sincere advice. We said to whom should it be directed? The Nabī ()
replied: To Allāh, His Book, His Rasūl, the Muslim leaders, all the believers, and the
Muslims in general.”4
3
Recorded in Sunan al-Kubrā, The Book of Testimonies, Section: The Condition that
Permits the Testimony of the People of Desires, Ḥadīth: 20918, Page: 356, Volume: 10
Published by: Dar al-Kotob al-Ilmiyah, Printed in: 1422 AH.
4
Recorded in Ṣaḥīḥ Muslim, The Book of Īmān, Section: Clarifying that the
Dīn is Sincerity, Ḥadīth: 98, Page 150-151, Published by: Darussalam,
Printed in: 1427 AH.
First Issue:
Dangers of giving fatwā without knowledge:
Allāh (), the Most High has forbidden that we endorse an Islamic verdict
(fatwā) without knowledge and has declared this to be from amongst the most major
sins, in fact He has declared it to be even a rank higher than that. In Sūrah al-Isrāʾ,
Ayah: 36, Allāh () says:
ۚ
“And do not pursue that of which you have no knowledge. Indeed, the hearing, the
sight and the heart - about all those [one] will be questioned.”
In Sūrah al-Naḥl, Āyah: 116, Allāh () says:
ۚ
“And do not say about what your tongues assert of untruth, ‘This is lawful and this is
unlawful,’ to invent falsehood about Allāh. Indeed, those who invent falsehood about
Allāh will not succeed.”
And in a Ḥadīth:
It was narrated on the authority of Abū Hurayrah () who said: “Rasūlullāh ()
said: ‘Whoever is given a fatwā that has no basis, then his sin will be upon the one
who issued that fatwā.’”5
5
Recorded in Sunan Ibn Mājah, The Book of the Sunnah, Section: Avoiding Individual Opinion
and Analogy (with regards to matters of Dīn, Ḥadīth: 53, Page: 109, Volume: 1, Its Isnād is Ḥasan,
Published by Darussalam, Printed in: 1427 AH.
It was reported by Imām al-Ṭabarānī () [d.360 AH], it was narrated on the authority of
ʿAbd Allāh ibn Masʿūd (), who said:
“Whoever gives a fatwā for the people in everything that they
ask him then he is mad.”6
Second Issue:
With respect to fiqh and issuing fatāwā, some agreed upon principles by the Ahl
al-ʿIlm (people of knowledge) in relation to permitting concessions in specific
situations for specific type of people are given below:
.
Necessities may authorise forbidden actions7
.
Hardship entails and leads to easiness8
.
Inability removes obligations and necessity removes impermissibility9
The above three principles are agreed upon by all the scholars of the different
madhāhib and can be found in the established books of Uṣūl al-Fiqh and al-Iftāʾ in
relation to concessions. Therefore these, and other appropriate principles should be
implemented in compliance with the Sharīʿah. In order that their application be in line
with the Sharīʿah, experts from among the people of knowledge must be referred to,
on the extent and timing of their implementation. One must be careful to avoid
speculation and assumptions when applying these principles, lest a grave error be
made and the people are misled, upon the responsibility of the Muftī.
6
Recorded in al-Muʿjam al-Kabīr, Ḥadīth: 8823, Page: 518, Volume: 4, Its Isnād is Ṣaḥīḥ, and the
wording is from Sulaymān ibn Ḥarb, Published by: Dar al-Kotob al-Ilmiyah, Printed in: 1422 AH.
7
Recorded in al-Ashbāh wa al-Naẓāʾir lī ibn Nujaym, Page: 73.
8
Recorded in al-Ashbāh wa al-Naẓāʾir lī al-Suyūṭī Page: 76.
9
Recorded in Iʿlām al-muwaqqiʿīn li ibn al-Qayyim, Page: 227, Volume: 3.
Third Issue:
Since so many staff in hospitals around the world are Muslims, it is far-fetched
to imagine that no questions were raised regarding the possibility of exemption from
fasting since the outbreak of the novel coronavirus. Sure enough, the standing
committee of Saudi Arabia which consists of senior scholars have recently issued
fatāwā on issues related to coronavirus. On the 17th
Ramaḍān [1441 AH], fatwā
number: 28068 was issued relating to questions for doctors and nurses working in the
frontline due to this pandemic and the complications and difficulties they confronted
whilst fasting were answered.
There was nothing mentioned by the scholars concerning a blind blanket
concession not to fast in the month of Ramaḍān to those who may face difficulties
such as oxygen and breathing problems etc. be granted to those key-workers due to
long shifts who needed to wear PPE when dealing with Covid-19.
Senior scholars who approved this fatwā in writing included the grand Muftī
ʿAbd al-ʿAzīz Āl Shaykh, Shaykh Ṣāliḥ al-Fawzān and Shaykh Muḥammad ibn Ḥasan
Āl Shaykh.
Fourth Issue:
Similarly, the famous university of al-Azhar in Egypt were asked whether
fasting should be suspended for fear of contracting Covid-19. The fatwā council
responded by asserting even those actively suffering from Covid-19 were not exempt
from fasting unless their illness was considered severe enough by their doctors.
Dr. ʿAbbās Shoman, member of the Senior Scholars’ Committee of al-Azhar
University, denounced any concession from fasting in the month of Ramaḍān, fearing
infection from the emerging coronavirus.
Dr. ʿAbbās Shoman explained that experts who specialise in viruses and
infections on the issue of fasting with coronavirus held two meetings with the
committee of fiqh research at the compound of research with elite experts from both
parties on two separate occasions.
They unanimously agreed that dryness of the throat has no relevance to Covid-
19, and that drinking water has many benefits, but does not directly prevent the
contraction of the Covid-19 infection. On the contrary, scientific research presented
by some specialists in the meeting demonstrated that fasting strengthens immunity
and does not weaken it.
He indicated that the issuance of concessions by some people not to fast due to
fears of Covid-19 is not based on any legal evidence from the Sharīʿah, and such
concessions opened the door to negligence in the Islamic laws of the Sharīʿah.
Additionally, that which is based upon sound principles is that the relevant experts
should be relied upon before making a decision.
Similarly, there was no mention of any concession or exemption from fasting
for a healthcare worker working in hospitals with PPE. Considering their position on
actual Covid-19 patients, it is no stretch of the imagination that they would not be in
favour of an indiscriminate, month-long, blanket exemption from fasting for key-
workers with no appreciation of their individual needs and circumstances. This,
coming from a university known for its leniencies in issuing fatāwā, is
emphasising the importance of keeping the Ramaḍān fasts as much as possible.
(refer to the article published online on https://www.albawabhnews.com/3982842,
titled, the fatwa for the concession of not fasting due to the fear of corona is rejected).
Fifth Issue:
As mentioned earlier, I spoke to several frontline doctors known to me and
requested that they individually carry out their research and present their findings and
opinions to me. I have presented excerpts from the summary of my student, Dr. Faisal
Shaikh, as I think it presents the medical evidence succinctly. The outcomes of all
other doctors agreed with his report, the full version of which is available on request.
Dr. Faisal states:
‘The verdict says that those who wear PPE struggle to get oxygen in their
body. As a medical doctor who understands human physiology, and who wears PPE
myself, I am pretty certain that the oxygen levels in blood do not drop by any
significant amount through the use of PPE alone. There are no reported incidents of
Hypoxia (low oxygen levels in blood) reported in the literature since the beginning of
the epidemic, and indeed since PPE were designed. I am also not sure as to why low
oxygen in the blood would be a reason to not fast, as breathing is permissible during a
fast. Overall, the explanation provided was devoid of any references or a plausible
explanation.
Perhaps the one who gave this verdict isn’t aware, but PPE is actually of
different types. This includes, but is not limited to surgical masks, aprons, gloves, face
shields, N95 masks, overalls etc.; their applications vary depending on the role of the
worker and local policy. Some PPE is simply a case of a surgical mask, a light apron
and gloves, and is not prohibitive at all, most staff being quite happy to fast whilst
wearing this type of PPE. It would be rather inappropriate to encourage these staff,
who are frontline workers nonetheless, to not fast simply because they wear gloves,
apron and a routine surgical mask. As a point of comparison, indeed some kitchen
workers and food industry workers and cleaners wear similar PPE! The verdict falls
short of clarifying which PPE and which staff would be exempt from fasting and
under what conditions.
As for staff who wear the more elaborate PPE and are in direct patient contact
with Covid-19 patients and are needing to wear more elaborate PPE, such as ITU staff
the situation is slightly- but not significantly - different. The main issue appears to be
dehydration, and not a lack of oxygen as suggested in the fatwā. Shifts usually last 12-
13 hours and staff are advised to avoid changing out of PPE to preserve their precious
resources. Even so, a break-and change of PPE - is usually allowed once every six
hours.
There is no denying that some of these staff can work long shifts in difficult
circumstances, taking great risks. However, this should not qualify them to not fast
especially if they are able to cope without any adverse effects to their health and in
their work. Indeed the clinicians I spoke to were all fasting and did not feel the need
to break their fasts, despite the increased difficulty of wearing PPE. As one of
the doctors mentioned, that with new PPE, a long shift without a break is essentially
the same as fasting anyways! And so the question remains: why should a fatwā
indirectly encourage NHS staff, some of who don’t feel like they need to break their
fast, and are functioning optimally whilst worshipping Allāh and providing a truly
noble service for Allāh’s slaves, simply because they are now wearing PPE?
It would have been better, that the one who gave this verdict, instead of
providing a blanket fatwā on this issue, had explained the conditions which make it
permissible for a doctor or a frontline worker, to break their fast, such as tiredness to
the point of affecting their clinical decision making or adverse effects on their health.
It would be better to inform these Muslims of the options they had available and
suggest whether or not they needed an individual fatwā to access these concessions. In
my humble opinion, a blanket fatwā such as this is likely to cause confusion and lead
to some Muslims not fasting when they could have benefitted safely from the many
rewards of fasting in this blessed month.
The fact that this verdict is clearly ill-informed and lacks an understanding of
basic relevant issues, it cannot be taken lying down and its errors need to be brought
forth. My intention is merely that the Sunnah be upheld, and not that a finger be
pointed at someone.’
[end of Dr. Faisal’s analysis]
As mentioned before, the outcomes of other Muslim doctors’ research and analysis
was similar and it seems that no substantive research was done to pass this fatwā,
making it, at best a speculative opinion based on assumptions generalised for all NHS
key-workers regardless of whether they had an issue with fasting or not. This is not
how the Ahl al-Ḥadīth issue fatāwā.
Sixth Issue:
The people of knowledge, from amongst them the Ahl al-Ḥadīth as well as the
jurists unanimously agree that if a person who is able to fast and his work is difficult
for him but it does not harm his health or affects the safety of others, then it is
obligatory for him to fast. They also agree that the more difficulty which the fasting
person faces the greater will be the reward as can be found in the Ḥadīth transmitted
by Imām al-Ḥākim () [d.405 AH], it was on the authority of ʿĀʾishah () that
Rasūlullāh () said to her with regards to her ʿumrah:
“Indeed, your reward for your actions will be in accordance to
your hardships and your expenditure.”10
The general rule for health and ability is what Allāh has stated in His Noble Book
with regards to the capacity, ability, and strength of a human being, in Sūrah al-
Taghābun, Āyah: 16, Allāh () says:
“So fear Allāh as much as you are able ...”
ۚ
“Allāh does not burden a soul except [with that within] its capacity.”
The issue of PPE for workers dealing with Covid-19 is related to the issue
which the people of knowledge have defined as:
al-aʿmāl al-shāqqah
I.e. Working whilst fasting with difficulty due to hard work. The people of
knowledge have classified this problem in detail and it is understood to be relative to
individual people and not a general ruling.
They further explain that a certain profession or type of work may be difficult
for a certain type of person and easy for a different type of person: For example a
seasoned blacksmith, or a chef working with ovens and heat etc. may not find it
difficult to fast in comparison to the one who is new to the environment or working
temporarily, who may not be able to cope with work whilst fasting. In such extreme
circumstances, the person who is not used to the workload may become ill or hurt
themselves or others at work. Therefore, the one used to doing something is not the
same as the one who is not used to doing that job. The issue of difficulty whilst
fasting is not general rather specific to people depending on if that is their regular
profession and their ability to cope with that job.
The people of knowledge have agreed that fasting is obligatory upon all the
Muslims who are obliged to fast, Allāh has made exceptions for the one who is sick or
travelling or a menstruating woman to be given the concession not to fast and make
them up after Ramaḍān.
10
Recorded in al-Mustadrak ʿalā al-Ṣaḥīḥayn, The Book Rites & Ceremonies, Ḥadīth: 1733,
Page: 644, This Ḥadīth is Ṣaḥīḥ on the Conditions of the Ṣaḥīḥayn (Bukhārī & Muslim),
and agreed by Imām al-Dhahabī () [d.784 AH], Published by: Dar al-Kotob al-Ilmiyah,
Printed in: 1422 AH.
With regards to somebody who is working or doing a job and the hardship
within that job is beyond bearable and is not normal, the hardship will harm him
whilst he is fasting or even kill him and if his livelihood relies on this job which he
must do without being able to modify any variables of his job such as the intensity of
work or the hours, shifts patterns etc. then that person will be exempt from fasting and
this will be considered as being a necessity and a need.
An important note to bear in mind is that the need for this concession to be
granted may be assumed or supposed (maẓnūnah) or either be affirmed without doubt
(muḥaqqaqah), or wrong and mistaken (mutawahamah), if it is not affirmed without
doubt and is based upon speculation and presumption, then it is not permissible to be
given the concession to not fast.
Even if concessions to fasting were to be granted, it is obligatory that the person
should start to fast at the outset and he may later break the fast prematurely if he has
the expected difficulty occurring in a way that meets the requirements of the
concessions. It is not permissible for him to simply not fast at the outset, or to break
his fast without valid concessions based in the Sharīʿah, preagreed with the Muftī.
On similar lines, it is not permissible to give a generic fatwā as given by this person to
all NHS key-workers not to fast with the presumption of it being difficult. This type
of verdict will open the doors of negligence and following the desires.
In conclusion, it becomes clear, that this fatwā, whilst, it may have been meant
in good faith is inexcusably ill-informed and damaging to the reputation of the Ahl al-
Ḥadīth, and most certainly is not in line with the madhhab and principles of the
reliable scholars and Muftīs of the Ahl al-Ḥadīth. Based on our research and
discussion with the senior scholars, we must re-iterate that the madhhab of the Ahl al-
Ḥadīth is free from such negligence and heedlessness. This fatwā is contrary to the
established principles of the Sharīʿah, of medical research and agreed upon principles
of the jurists, the principles of decreeing a fatwā to unprecedented contemporary
issues. Consequently, this fatwā goes against the principles and the conclusions of the
Grand Muftī and senior scholars of Saudi Arabia such as Shaykh ʿAbd Allāh ibn
Muḥammad ibn Ḥumayd [d.1401 AH] and Shaykh ʿAbd al-ʿAzīz ibn Bāz [d.1420 AH] ()
and our Shaykh al-Muftī Waṣī Allāh ʿAbbās who was a senior student of these two
grand Shuyūkh and Allāh Knows best.
My naṣīḥah (advice) to those Muslim NHS key-workers who have innocently
or blindly followed this incorrect concession is to sincerely repent and make up the
number of missed fasts, and you should also inform others that this incorrect
concession is to be null & void. I conclude this by saying the duʿāʾ that was narrated
by ʿAbd Allāh ibn Masʿūd ():
“If this verdict is correct, it is from Allāh and His Rasūl (), and if it is incorrect
then it is from me and the Shayṭān, Allāh and His Rasūl () are free of it.”11
Written by the poor, weak, slave of Allāh (), hoping for the Mercy of His
Rabb:
Zulfiker Ibrāhīm Memon
23rd
Ramaḍān 1441 AH corresponding to 16th
May 2020.
The Nabī’s City, al-Madīnah al-Nabawiyyah, Kingdom of Saudi Arabia.
11
Recorded in Sunan Abī Dāwūd, The Book of Marriage, Section: Regarding One Who Married
Without Specifying The Dowry And Then Died, Ḥadīth: 2116, Page: 536, Volume: 2,
Its Isnād is Ṣaḥīḥ, Published by: Darussalam, Printed in: 1429 AH.
Finally I’d like to conclude by presenting two fatāwā of the two Shaykh’s, Shaykh
ʿAbd Allāh ibn Muḥammad ibn Ḥumayd and Shaykh ʿAbd al-ʿAzīz ibn Bāz () with
regards to al-aʿmāl al-shāqqah of those working in a particular profession where they
find it hard to observe their fast, thus, when and when aren’t they given a concession
and what are the guidelines that need to be followed. The two Shuyūkh have clearly
said all muḥaqqiqūn ʿulamāʾ (researching scholars who adhere to particular madhāhib
and don’t blindly follow) who have researched from the madhāhib are in agreement to
these principles.
First fatwā of Shaykh Ibn Bāz and Shaykh ʿAbd Allāh ibn Ḥumayd:
Letter to the President of Office of the Prime Minister, may Allāh preserve him,
regarding the fasting of heavy manual labour workers: From ʿAbd Allāh ibn
Muḥammad ibn Ḥumayd and ʿAbd al-ʿAzīz ibn Bāz (), President of the Office of
the Prime Minister, may Allāh preserve him.
Your report no. 18523 dated: 24/11/1396 AH reached us, attached with it the
recommendations of the 10th Forum of Islamic Thinkers in Algeria. You asked us in
your report to look into the fatwā included in the recommendations regarding the
license given by the Sharʿ for the workers in steel factories to break their fast in
Ramaḍān. We wish to inform you that the original principal is that it is obligatory
upon all those who are legally responsible – according to Islamic law – to fast
Ramaḍān. It is obligatory upon them to make the intention of fasting from the
previous night and to fast upon waking up the next day. However, those who are sick
or are travelling (and people of similar excuses) have been exempted by the Sharʿ.
But the people who do heavy manual work are among those who are legally
responsible according to Sharʿ and are not similar to those who are sick or travelling.
Therefore, they are obligated to make the intention of fasting on the previous night
and wake up the next day in a state of fasting. However, if it becomes necessary for
one of them to break his fast during the day, then he may break his fast to the extent
which relieves the necessity, and then he must resume fasting for the rest day and
make up for the day in which he broke the fast later when it is suitable. On the other
hand, if someone is not in a situation of necessity then it is obligatory for him to
continue his fast. This is what is indicated by the evidence of the Qurʾān and Sunnah,
and what is mentioned by the great scholars of all madhāhib. It is obligatory upon the
Muslim rulers who have people under them working in heavy manual labour jobs –
such as in the issue addressed in the report – to look into their situation in Ramaḍān:
they should not burden them during the day with work that forces them to break their
fast. For example, they can change their work hours to night shifts, or distribute work
hours between all workers in a fair way which allows them to maintain both their
work and their fast. As for the fatwā mentioned earlier, this is an individual affair in
which they gave their fatwā out of their own ijtihād, which they ought to be thanked
for; however, they failed to mention the limitations we stated which were mentioned
by the great scholars of all madhāhib. We ask Allāh to guide everyone to all that is
good.
Head of the Supreme Judicial Council Chief of Supervision relating to the Dīn
of al-Masjid al-Ḥarām ʿAbd Allāh Muhammad ibn Ḥumayd. Head of Research
Departments relating to the Dīn, Daʿwah, and Irshād ʿAbd al-ʿAzīz ibn ʿAbd Allāh
ibn Bāz ().
* Letter issued by Shaykh ʿAbd al-ʿAzīz ibn ʿAbd Allāh ibn Bāz and Shaykh ʿAbd
Allāh ibn Muḥammad ibn Ḥumayd () on 11/7/1397 AH (Majmūʿ Fatāwā wa Maqālāt
al-Shaykh ibn Bāz 15:245)
Second fatwā of Shaykh ʿAbd al-ʿAzīz ibn ʿAbd Allāh ibn Bāz ()
Presenter: Question: I am a 17 year old young man. I pray and read Qurʾān
and stay away from sins, but my problem is that I don’t fast Ramaḍān, because I do
heavy manual work, especially during the summer. So, is it permissible for me to fast
on other days? Or what should I do? Guide me, may Allāh reward you.
Shaykh ibn Bāz (): You must make up for the missed days of fasting and
repent. You must make up for the missed days of fasting and repent. You have to
make up for the days you missed and repent to Allāh. In the future, you must fast with
the people and leave the work that causes you hardship. You may do work that does
not make fasting difficult for you, but if the only way for you to fast is by quitting
your job, then quit it. Work during Shaʿbān and other months and save enough for
Ramaḍān. Or, find a job that will enable you to fast. But to be careless about fasting
and be more concerned about worldly affairs and laborious work; this is not
permissible. Have taqwā of Allāh as much as you can. Do a little bit of work that does
not prevent you from fasting, if you are in need of it. But if you cannot, then work
before Ramaḍān and save money that will enable you to quit working and observe the
fast with Muslims. We ask Allāh for guidance and success for you and us.
Presenter: Āmīn. May Allāh reward you, dear Shaykh. As for those who give
fatwā to those who do heavy manual work in Ramaḍān that it is permissible for them
to break their fast, are they correct in issuing such a fatwā?
Shaykh ibn Bāz (): We do not know any basis for this. The principle is
that they should work according to their ability; if doing heavy manual work is a
must, then they should delay such work till after Ramaḍān, and save from what they
earned from their work before Ramaḍān that which helps them fast. Being careless in
this regard is a great evil and has terrible consequences. It is obligatory not to take this
matter lightly. However, if it is possible to do work that does not prevent the person
from fasting, then there is no blame in working during Ramaḍān alongside fasting.
But if that work forces one to break his fast, then he should leave such a job. He
should seek Allāh’s assistance in observing his fast by using his savings money.
Presenter: May Allāh bless you.
End of the Fatwā “The Proofs and Decisive Evidences on the Incorrectness of the Concession
not to Fast in Ramaḍān Due to Wearing Medical PPE, [And] All Perfect and Complete Praise
with Love and Veneration is Exclusive to Allāh () Alone. May the Praise of Allāh be
Exalted for His final Nabī, may His Peace also descend upon His final Nabī and seal.”

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The Proofs and Decisive Evidences on the Incorrectness of the Concession Not to Fast in Ramaḍān due to wearing Medical PPE

  • 1. The Proofs and Decisive Evidences on the Incorrectness of the Concession not to Fast in Ramaḍān Due to Wearing Medical PPE Endorsed by: Abū ʿĪsā Zulfiker Ibrāhīm Memon
  • 2.  All Perfect and Complete Praise with Love and Veneration is Exclusive to Allāh () Alone. May the Praise of Allāh be Exalted for His final Nabī and seal, Muḥammad (), in the most Noble and Highest of Gatherings, and may His Peace also descend upon him. As to what proceeds: In Sūrah al-Baqarah, Āyah: 183, Allāh () says: “ O you who have believed, decreed upon you is fasting as it was decreed upon those before you that you may become righteous. It was narrated on the authority of Abū Hurayrah (), that Rasūlullāh () said: al-ṣiyām [the fasting] is a shield (from the hellfire).1 1 Recorded in Ṣaḥīḥ al-Bukhārī, The Book of Fasting, Section: al-Ṣawm (the fasting) is an expiation (for sins), Ḥadīth: 1894, Page: 79, Volume: 3, Published by: Darussalam, Printed in: 1418 AH.
  • 3. I received a few enquiries from UK Muslims regarding a fatwā that was gaining popularity on Facebook. Seemingly issued by a twelve member committee who ascribe themselves to the madhhab of the Ahl al-Ḥadīth, the fatwā stated that NHS key workers such as doctors, nurses etc. helping in the effort against the novel coronavirus pandemic were exempt from fasting in Ramaḍān this year. The reasoning stated behind this fatwā was that staff who wear PPE would be deprived of oxygen, presumably due to difficulty breathing with PPE on and thus can have an effect upon their work and health. As stated earlier, those who issued this fatwā themselves ascribe to the madhhab of the Ahl al-Ḥadīth. They even declared that this is the position of the Ahl al-Ḥadīth on this issue. As it happens, our research on this fatwā and the issues surrounding it have reached the following outcomes which we have summarised as ten key points and a discussion of six issues: Firstly, may Allāh (), the Most High have Mercy upon you, I do not know of a single reliable Muftī upon the methodology of Ahl al-Ḥadīth spanning from the east to the west, as they say in the Arabic language: min al-sharq ilā al-gharb — who has issued a fatwā remotely aligned with the one stated above. Examples have been provided for illustration (see Issues number three and four in the pages following the ten key points) Secondly, may Allāh () the Most High, accept your fasting and night prayer in this mubārak month. I personally discussed the above issue in detail with qualified and respected Ahl al-Ḥadīth Scholars & Muftīs. They and myself seemed to concur that this fatwā was not based upon adequate or appropriate research, and didn’t seem to be based upon the accepted principles that were agreed upon on the issue of giving concessions from fasting in the month of Ramaḍān. Thirdly, may Allāh () grant you the tawfīq to be steadfast on the Sunnah and abstain from innovation in the Dīn. To substantiate this further, I consulted my students, some of whom are doctors; and other doctors I personally know. I requested each of them to reach out to other doctors and frontline doctors and so we ended up with a group of qualified Muslim doctors who, to the best of my knowledge, adhere to the Qurʾān and Sunnah and who have been working in the Covid-19 pandemic whilst wearing PPE this Ramaḍān. Interestingly, not a single Muslim doctor agreed with this fatwā, or the reasoning behind it. I have provided excerpts from the statement of one of them later on (please see The Fifth Issue).
  • 4. Fourthly, may Allāh () have Mercy upon your parents and may you be the coolness of their eyes. I was advised by my teachers and other Scholars to release my clarification and research as soon as possible publicly, so as to clarify the truth. This is especially so since it is clear that this unusual fatwā is most certainly not the official position of the madhhab of the Ahl al-Ḥadīth. At best, it represents the opinion of the twelve-member panel, or perhaps the organisation involved, and since it opposes key Ahl al-Ḥadīth principles on issuing fatāwā, especially with respect to issuing concessions for fasting, and performing adequate research, following it without question would constitute blind following. Fifthly, may Allāh () guide you to the truth and keep you steadfast upon it. This fatwā has been prepared for the general public with the consent of the Scholars. It is to be seen as a clarification and is not a personal attack on any individual or organisation, rather it is conveying the truth to benefit the general public which is the purpose behind this attempt. Thus, I have purposely kept it simple and easy to understand, as per the Ḥadīth reported by Imām Muslim () [d.261 AH], it was narrated on the authority of ʿĀʾishah () that she said: “Rasūlullāh () commanded us to descend to the levels of (the understanding) of the people.”2 A detailed academic response will be done in the near future if Allāh, the Most High, Wills. Sixthly, may Allāh () grant you the ability to do good for others and guide them to the Sunnah by you learning it. Due to the ascription of this fatwā to the Ahl al-Ḥadīth, reliable Ahl al-Ḥadīth Muftīs from the east advised me that it was obligatory upon me to clarify the truth in the west and warn the people of the incorrectness of this fatwā and thus clarify the madhhab of Ahl al-Ḥadīth and its ascription towards it. To accommodate the public in the west, they have consented that this fatwā be released in English. Seventhly, may Allāh () grant you to be from those who stand in the night prayer on the night of decree. It is imperative that when a person issues a fatwā he is well versed on the unique contemporary issues related to the subject at hand, ‘Fiqh al-Nawāzil’, and the principles pertaining to them. To give a verdict 2 Recorded in Ṣaḥīḥ Muslim, Introduction, Page: 41, Published by: Darussalam , Printed in: 1427 AH.
  • 5. without having knowledge of contemporary issues is lackadaisical and can be catastrophic. It is only befitting for the person issuing a fatwā on topical issues that he should involve experts of that field, like doctors and nurses in this case, and then rely on their research or authoritative expert opinion to give a verdict, especially when it seems to be in contrast to the principles of the Qurʾān & Sunnah. It seems that this twelve-man committee have misunderstood and consequently misrepresented the issue and have not adhered to established aforementioned principles. Even their reasoning for giving this concession is not based upon established facts and seem merely speculative. In Sūrah al-Anʿām, Āyah: 116, Allāh () says: “They follow not except assumption, and they are not but falsifying.” Eighthly, May Allāh () enlighten your heart for the Ḥadīth of Rasūlullāh () to be studied and followed. The Scholarly consensus with regards to issuing a fatwā states that one of the principles is that the Muftī must derive rulings from the Qurʾān & Sunnah according to the understanding of the pious predecessors. Also, the Muftī must refer to the experts of that field prior to issuing a final verdict. Thirdly, the Muftī must strive to get it approved by qualified Scholars prior to publishing or popularising it. Ninthly, may Allāh () forgive your past sins due to you fasting and praying tarāwīḥ with Īmān and hoping for its reward. One cannot argue that this is merely a matter of a valid difference of opinion, or one of scholarly ijtihād (exercising independent judgement). So, one cannot choose a fatwā based upon individual preferences and conveniences. Know, dear reader, that the truth is not divided, not every single difference of opinion is a valid one, and not every single ‘ijtihād’ is an accepted one, especially one that seems to go against the principles of the Sharīʿah, of topical research, and well- established facts. If every difference of opinion were to be valid, then distinguishing truth from falsehood would be virtually impossible, and people would simply follow their desires and conveniences. Before long, the Dīn would dissolve into an amorphous mass of confusion and desire, with each opinion being considered ‘valid’ no matter how radical or odd. As reported by Imām al-Bayhaqī () [d.458 AH], it was narrated by al-Imām al-Awzāʿī () [d.157 AH], who said:
  • 6. “Whoever clings on to the odd opinions of the Scholars has exited Islām.”3 The issue is whether this is the madhhab of Ahl al-Ḥadīth that was revived by Shaykh al-Islām Nadhīr Ḥusayn Dehlawī () [d.1320 AH] in the Indian sub-continent, who made clear, among other things, the principles of the Salaf of the Ahl al-Ḥadīth for fatwā. So, the issue is whether this fatwā conforms to the madhhab of Ahl al-Ḥadīth, and not whether it may be acceptable to another madhhab or sect, the latter being out of the scope of our discussion. In Sūrah al-Nisāʾ Āyah: 59, Allāh () says: ۚ “And if you disagree over anything, refer it to Allāh and the Rasūl, if you should believe in Allāh and the Last Day. That is the best [way] and best in result.” Tenthly, may Allāh () keep you and your families safe from the novel coronavirus outbreak. The main reason for this response is to clarify the truth and provide theologically and topically accurate knowledge to firstly clarify the madhhab of the Ahl al-Ḥadīth to the people, and to allow them to make an informed choice about this fatwā before they choose to follow it, based upon the Ḥadīth, Imām Muslim has transmitted: it was narrated on the authority of Tamīm al-Dārī (), that the Nabī () said: “The Dīn is sincere advice. We said to whom should it be directed? The Nabī () replied: To Allāh, His Book, His Rasūl, the Muslim leaders, all the believers, and the Muslims in general.”4 3 Recorded in Sunan al-Kubrā, The Book of Testimonies, Section: The Condition that Permits the Testimony of the People of Desires, Ḥadīth: 20918, Page: 356, Volume: 10 Published by: Dar al-Kotob al-Ilmiyah, Printed in: 1422 AH. 4 Recorded in Ṣaḥīḥ Muslim, The Book of Īmān, Section: Clarifying that the Dīn is Sincerity, Ḥadīth: 98, Page 150-151, Published by: Darussalam, Printed in: 1427 AH.
  • 7. First Issue: Dangers of giving fatwā without knowledge: Allāh (), the Most High has forbidden that we endorse an Islamic verdict (fatwā) without knowledge and has declared this to be from amongst the most major sins, in fact He has declared it to be even a rank higher than that. In Sūrah al-Isrāʾ, Ayah: 36, Allāh () says: ۚ “And do not pursue that of which you have no knowledge. Indeed, the hearing, the sight and the heart - about all those [one] will be questioned.” In Sūrah al-Naḥl, Āyah: 116, Allāh () says: ۚ “And do not say about what your tongues assert of untruth, ‘This is lawful and this is unlawful,’ to invent falsehood about Allāh. Indeed, those who invent falsehood about Allāh will not succeed.” And in a Ḥadīth: It was narrated on the authority of Abū Hurayrah () who said: “Rasūlullāh () said: ‘Whoever is given a fatwā that has no basis, then his sin will be upon the one who issued that fatwā.’”5 5 Recorded in Sunan Ibn Mājah, The Book of the Sunnah, Section: Avoiding Individual Opinion and Analogy (with regards to matters of Dīn, Ḥadīth: 53, Page: 109, Volume: 1, Its Isnād is Ḥasan, Published by Darussalam, Printed in: 1427 AH.
  • 8. It was reported by Imām al-Ṭabarānī () [d.360 AH], it was narrated on the authority of ʿAbd Allāh ibn Masʿūd (), who said: “Whoever gives a fatwā for the people in everything that they ask him then he is mad.”6 Second Issue: With respect to fiqh and issuing fatāwā, some agreed upon principles by the Ahl al-ʿIlm (people of knowledge) in relation to permitting concessions in specific situations for specific type of people are given below: . Necessities may authorise forbidden actions7 . Hardship entails and leads to easiness8 . Inability removes obligations and necessity removes impermissibility9 The above three principles are agreed upon by all the scholars of the different madhāhib and can be found in the established books of Uṣūl al-Fiqh and al-Iftāʾ in relation to concessions. Therefore these, and other appropriate principles should be implemented in compliance with the Sharīʿah. In order that their application be in line with the Sharīʿah, experts from among the people of knowledge must be referred to, on the extent and timing of their implementation. One must be careful to avoid speculation and assumptions when applying these principles, lest a grave error be made and the people are misled, upon the responsibility of the Muftī. 6 Recorded in al-Muʿjam al-Kabīr, Ḥadīth: 8823, Page: 518, Volume: 4, Its Isnād is Ṣaḥīḥ, and the wording is from Sulaymān ibn Ḥarb, Published by: Dar al-Kotob al-Ilmiyah, Printed in: 1422 AH. 7 Recorded in al-Ashbāh wa al-Naẓāʾir lī ibn Nujaym, Page: 73. 8 Recorded in al-Ashbāh wa al-Naẓāʾir lī al-Suyūṭī Page: 76. 9 Recorded in Iʿlām al-muwaqqiʿīn li ibn al-Qayyim, Page: 227, Volume: 3.
  • 9. Third Issue: Since so many staff in hospitals around the world are Muslims, it is far-fetched to imagine that no questions were raised regarding the possibility of exemption from fasting since the outbreak of the novel coronavirus. Sure enough, the standing committee of Saudi Arabia which consists of senior scholars have recently issued fatāwā on issues related to coronavirus. On the 17th Ramaḍān [1441 AH], fatwā number: 28068 was issued relating to questions for doctors and nurses working in the frontline due to this pandemic and the complications and difficulties they confronted whilst fasting were answered. There was nothing mentioned by the scholars concerning a blind blanket concession not to fast in the month of Ramaḍān to those who may face difficulties such as oxygen and breathing problems etc. be granted to those key-workers due to long shifts who needed to wear PPE when dealing with Covid-19. Senior scholars who approved this fatwā in writing included the grand Muftī ʿAbd al-ʿAzīz Āl Shaykh, Shaykh Ṣāliḥ al-Fawzān and Shaykh Muḥammad ibn Ḥasan Āl Shaykh. Fourth Issue: Similarly, the famous university of al-Azhar in Egypt were asked whether fasting should be suspended for fear of contracting Covid-19. The fatwā council responded by asserting even those actively suffering from Covid-19 were not exempt from fasting unless their illness was considered severe enough by their doctors. Dr. ʿAbbās Shoman, member of the Senior Scholars’ Committee of al-Azhar University, denounced any concession from fasting in the month of Ramaḍān, fearing infection from the emerging coronavirus. Dr. ʿAbbās Shoman explained that experts who specialise in viruses and infections on the issue of fasting with coronavirus held two meetings with the committee of fiqh research at the compound of research with elite experts from both parties on two separate occasions. They unanimously agreed that dryness of the throat has no relevance to Covid- 19, and that drinking water has many benefits, but does not directly prevent the contraction of the Covid-19 infection. On the contrary, scientific research presented by some specialists in the meeting demonstrated that fasting strengthens immunity and does not weaken it. He indicated that the issuance of concessions by some people not to fast due to fears of Covid-19 is not based on any legal evidence from the Sharīʿah, and such concessions opened the door to negligence in the Islamic laws of the Sharīʿah. Additionally, that which is based upon sound principles is that the relevant experts should be relied upon before making a decision. Similarly, there was no mention of any concession or exemption from fasting for a healthcare worker working in hospitals with PPE. Considering their position on actual Covid-19 patients, it is no stretch of the imagination that they would not be in favour of an indiscriminate, month-long, blanket exemption from fasting for key- workers with no appreciation of their individual needs and circumstances. This, coming from a university known for its leniencies in issuing fatāwā, is
  • 10. emphasising the importance of keeping the Ramaḍān fasts as much as possible. (refer to the article published online on https://www.albawabhnews.com/3982842, titled, the fatwa for the concession of not fasting due to the fear of corona is rejected). Fifth Issue: As mentioned earlier, I spoke to several frontline doctors known to me and requested that they individually carry out their research and present their findings and opinions to me. I have presented excerpts from the summary of my student, Dr. Faisal Shaikh, as I think it presents the medical evidence succinctly. The outcomes of all other doctors agreed with his report, the full version of which is available on request. Dr. Faisal states: ‘The verdict says that those who wear PPE struggle to get oxygen in their body. As a medical doctor who understands human physiology, and who wears PPE myself, I am pretty certain that the oxygen levels in blood do not drop by any significant amount through the use of PPE alone. There are no reported incidents of Hypoxia (low oxygen levels in blood) reported in the literature since the beginning of the epidemic, and indeed since PPE were designed. I am also not sure as to why low oxygen in the blood would be a reason to not fast, as breathing is permissible during a fast. Overall, the explanation provided was devoid of any references or a plausible explanation. Perhaps the one who gave this verdict isn’t aware, but PPE is actually of different types. This includes, but is not limited to surgical masks, aprons, gloves, face shields, N95 masks, overalls etc.; their applications vary depending on the role of the worker and local policy. Some PPE is simply a case of a surgical mask, a light apron and gloves, and is not prohibitive at all, most staff being quite happy to fast whilst wearing this type of PPE. It would be rather inappropriate to encourage these staff, who are frontline workers nonetheless, to not fast simply because they wear gloves, apron and a routine surgical mask. As a point of comparison, indeed some kitchen workers and food industry workers and cleaners wear similar PPE! The verdict falls short of clarifying which PPE and which staff would be exempt from fasting and under what conditions. As for staff who wear the more elaborate PPE and are in direct patient contact with Covid-19 patients and are needing to wear more elaborate PPE, such as ITU staff the situation is slightly- but not significantly - different. The main issue appears to be dehydration, and not a lack of oxygen as suggested in the fatwā. Shifts usually last 12- 13 hours and staff are advised to avoid changing out of PPE to preserve their precious resources. Even so, a break-and change of PPE - is usually allowed once every six hours. There is no denying that some of these staff can work long shifts in difficult circumstances, taking great risks. However, this should not qualify them to not fast especially if they are able to cope without any adverse effects to their health and in
  • 11. their work. Indeed the clinicians I spoke to were all fasting and did not feel the need to break their fasts, despite the increased difficulty of wearing PPE. As one of the doctors mentioned, that with new PPE, a long shift without a break is essentially the same as fasting anyways! And so the question remains: why should a fatwā indirectly encourage NHS staff, some of who don’t feel like they need to break their fast, and are functioning optimally whilst worshipping Allāh and providing a truly noble service for Allāh’s slaves, simply because they are now wearing PPE? It would have been better, that the one who gave this verdict, instead of providing a blanket fatwā on this issue, had explained the conditions which make it permissible for a doctor or a frontline worker, to break their fast, such as tiredness to the point of affecting their clinical decision making or adverse effects on their health. It would be better to inform these Muslims of the options they had available and suggest whether or not they needed an individual fatwā to access these concessions. In my humble opinion, a blanket fatwā such as this is likely to cause confusion and lead to some Muslims not fasting when they could have benefitted safely from the many rewards of fasting in this blessed month. The fact that this verdict is clearly ill-informed and lacks an understanding of basic relevant issues, it cannot be taken lying down and its errors need to be brought forth. My intention is merely that the Sunnah be upheld, and not that a finger be pointed at someone.’ [end of Dr. Faisal’s analysis] As mentioned before, the outcomes of other Muslim doctors’ research and analysis was similar and it seems that no substantive research was done to pass this fatwā, making it, at best a speculative opinion based on assumptions generalised for all NHS key-workers regardless of whether they had an issue with fasting or not. This is not how the Ahl al-Ḥadīth issue fatāwā. Sixth Issue: The people of knowledge, from amongst them the Ahl al-Ḥadīth as well as the jurists unanimously agree that if a person who is able to fast and his work is difficult for him but it does not harm his health or affects the safety of others, then it is obligatory for him to fast. They also agree that the more difficulty which the fasting person faces the greater will be the reward as can be found in the Ḥadīth transmitted by Imām al-Ḥākim () [d.405 AH], it was on the authority of ʿĀʾishah () that Rasūlullāh () said to her with regards to her ʿumrah: “Indeed, your reward for your actions will be in accordance to
  • 12. your hardships and your expenditure.”10 The general rule for health and ability is what Allāh has stated in His Noble Book with regards to the capacity, ability, and strength of a human being, in Sūrah al- Taghābun, Āyah: 16, Allāh () says: “So fear Allāh as much as you are able ...” ۚ “Allāh does not burden a soul except [with that within] its capacity.” The issue of PPE for workers dealing with Covid-19 is related to the issue which the people of knowledge have defined as: al-aʿmāl al-shāqqah I.e. Working whilst fasting with difficulty due to hard work. The people of knowledge have classified this problem in detail and it is understood to be relative to individual people and not a general ruling. They further explain that a certain profession or type of work may be difficult for a certain type of person and easy for a different type of person: For example a seasoned blacksmith, or a chef working with ovens and heat etc. may not find it difficult to fast in comparison to the one who is new to the environment or working temporarily, who may not be able to cope with work whilst fasting. In such extreme circumstances, the person who is not used to the workload may become ill or hurt themselves or others at work. Therefore, the one used to doing something is not the same as the one who is not used to doing that job. The issue of difficulty whilst fasting is not general rather specific to people depending on if that is their regular profession and their ability to cope with that job. The people of knowledge have agreed that fasting is obligatory upon all the Muslims who are obliged to fast, Allāh has made exceptions for the one who is sick or travelling or a menstruating woman to be given the concession not to fast and make them up after Ramaḍān. 10 Recorded in al-Mustadrak ʿalā al-Ṣaḥīḥayn, The Book Rites & Ceremonies, Ḥadīth: 1733, Page: 644, This Ḥadīth is Ṣaḥīḥ on the Conditions of the Ṣaḥīḥayn (Bukhārī & Muslim), and agreed by Imām al-Dhahabī () [d.784 AH], Published by: Dar al-Kotob al-Ilmiyah, Printed in: 1422 AH.
  • 13. With regards to somebody who is working or doing a job and the hardship within that job is beyond bearable and is not normal, the hardship will harm him whilst he is fasting or even kill him and if his livelihood relies on this job which he must do without being able to modify any variables of his job such as the intensity of work or the hours, shifts patterns etc. then that person will be exempt from fasting and this will be considered as being a necessity and a need. An important note to bear in mind is that the need for this concession to be granted may be assumed or supposed (maẓnūnah) or either be affirmed without doubt (muḥaqqaqah), or wrong and mistaken (mutawahamah), if it is not affirmed without doubt and is based upon speculation and presumption, then it is not permissible to be given the concession to not fast. Even if concessions to fasting were to be granted, it is obligatory that the person should start to fast at the outset and he may later break the fast prematurely if he has the expected difficulty occurring in a way that meets the requirements of the concessions. It is not permissible for him to simply not fast at the outset, or to break his fast without valid concessions based in the Sharīʿah, preagreed with the Muftī. On similar lines, it is not permissible to give a generic fatwā as given by this person to all NHS key-workers not to fast with the presumption of it being difficult. This type of verdict will open the doors of negligence and following the desires. In conclusion, it becomes clear, that this fatwā, whilst, it may have been meant in good faith is inexcusably ill-informed and damaging to the reputation of the Ahl al- Ḥadīth, and most certainly is not in line with the madhhab and principles of the reliable scholars and Muftīs of the Ahl al-Ḥadīth. Based on our research and discussion with the senior scholars, we must re-iterate that the madhhab of the Ahl al- Ḥadīth is free from such negligence and heedlessness. This fatwā is contrary to the established principles of the Sharīʿah, of medical research and agreed upon principles of the jurists, the principles of decreeing a fatwā to unprecedented contemporary issues. Consequently, this fatwā goes against the principles and the conclusions of the Grand Muftī and senior scholars of Saudi Arabia such as Shaykh ʿAbd Allāh ibn Muḥammad ibn Ḥumayd [d.1401 AH] and Shaykh ʿAbd al-ʿAzīz ibn Bāz [d.1420 AH] () and our Shaykh al-Muftī Waṣī Allāh ʿAbbās who was a senior student of these two grand Shuyūkh and Allāh Knows best.
  • 14. My naṣīḥah (advice) to those Muslim NHS key-workers who have innocently or blindly followed this incorrect concession is to sincerely repent and make up the number of missed fasts, and you should also inform others that this incorrect concession is to be null & void. I conclude this by saying the duʿāʾ that was narrated by ʿAbd Allāh ibn Masʿūd (): “If this verdict is correct, it is from Allāh and His Rasūl (), and if it is incorrect then it is from me and the Shayṭān, Allāh and His Rasūl () are free of it.”11 Written by the poor, weak, slave of Allāh (), hoping for the Mercy of His Rabb: Zulfiker Ibrāhīm Memon 23rd Ramaḍān 1441 AH corresponding to 16th May 2020. The Nabī’s City, al-Madīnah al-Nabawiyyah, Kingdom of Saudi Arabia. 11 Recorded in Sunan Abī Dāwūd, The Book of Marriage, Section: Regarding One Who Married Without Specifying The Dowry And Then Died, Ḥadīth: 2116, Page: 536, Volume: 2, Its Isnād is Ṣaḥīḥ, Published by: Darussalam, Printed in: 1429 AH.
  • 15. Finally I’d like to conclude by presenting two fatāwā of the two Shaykh’s, Shaykh ʿAbd Allāh ibn Muḥammad ibn Ḥumayd and Shaykh ʿAbd al-ʿAzīz ibn Bāz () with regards to al-aʿmāl al-shāqqah of those working in a particular profession where they find it hard to observe their fast, thus, when and when aren’t they given a concession and what are the guidelines that need to be followed. The two Shuyūkh have clearly said all muḥaqqiqūn ʿulamāʾ (researching scholars who adhere to particular madhāhib and don’t blindly follow) who have researched from the madhāhib are in agreement to these principles. First fatwā of Shaykh Ibn Bāz and Shaykh ʿAbd Allāh ibn Ḥumayd:
  • 16. Letter to the President of Office of the Prime Minister, may Allāh preserve him, regarding the fasting of heavy manual labour workers: From ʿAbd Allāh ibn Muḥammad ibn Ḥumayd and ʿAbd al-ʿAzīz ibn Bāz (), President of the Office of the Prime Minister, may Allāh preserve him. Your report no. 18523 dated: 24/11/1396 AH reached us, attached with it the recommendations of the 10th Forum of Islamic Thinkers in Algeria. You asked us in your report to look into the fatwā included in the recommendations regarding the license given by the Sharʿ for the workers in steel factories to break their fast in Ramaḍān. We wish to inform you that the original principal is that it is obligatory upon all those who are legally responsible – according to Islamic law – to fast Ramaḍān. It is obligatory upon them to make the intention of fasting from the previous night and to fast upon waking up the next day. However, those who are sick or are travelling (and people of similar excuses) have been exempted by the Sharʿ. But the people who do heavy manual work are among those who are legally responsible according to Sharʿ and are not similar to those who are sick or travelling. Therefore, they are obligated to make the intention of fasting on the previous night and wake up the next day in a state of fasting. However, if it becomes necessary for one of them to break his fast during the day, then he may break his fast to the extent which relieves the necessity, and then he must resume fasting for the rest day and make up for the day in which he broke the fast later when it is suitable. On the other hand, if someone is not in a situation of necessity then it is obligatory for him to continue his fast. This is what is indicated by the evidence of the Qurʾān and Sunnah, and what is mentioned by the great scholars of all madhāhib. It is obligatory upon the Muslim rulers who have people under them working in heavy manual labour jobs – such as in the issue addressed in the report – to look into their situation in Ramaḍān: they should not burden them during the day with work that forces them to break their fast. For example, they can change their work hours to night shifts, or distribute work hours between all workers in a fair way which allows them to maintain both their work and their fast. As for the fatwā mentioned earlier, this is an individual affair in which they gave their fatwā out of their own ijtihād, which they ought to be thanked for; however, they failed to mention the limitations we stated which were mentioned by the great scholars of all madhāhib. We ask Allāh to guide everyone to all that is good. Head of the Supreme Judicial Council Chief of Supervision relating to the Dīn of al-Masjid al-Ḥarām ʿAbd Allāh Muhammad ibn Ḥumayd. Head of Research
  • 17. Departments relating to the Dīn, Daʿwah, and Irshād ʿAbd al-ʿAzīz ibn ʿAbd Allāh ibn Bāz (). * Letter issued by Shaykh ʿAbd al-ʿAzīz ibn ʿAbd Allāh ibn Bāz and Shaykh ʿAbd Allāh ibn Muḥammad ibn Ḥumayd () on 11/7/1397 AH (Majmūʿ Fatāwā wa Maqālāt al-Shaykh ibn Bāz 15:245) Second fatwā of Shaykh ʿAbd al-ʿAzīz ibn ʿAbd Allāh ibn Bāz ()
  • 18. Presenter: Question: I am a 17 year old young man. I pray and read Qurʾān and stay away from sins, but my problem is that I don’t fast Ramaḍān, because I do heavy manual work, especially during the summer. So, is it permissible for me to fast on other days? Or what should I do? Guide me, may Allāh reward you. Shaykh ibn Bāz (): You must make up for the missed days of fasting and repent. You must make up for the missed days of fasting and repent. You have to make up for the days you missed and repent to Allāh. In the future, you must fast with the people and leave the work that causes you hardship. You may do work that does not make fasting difficult for you, but if the only way for you to fast is by quitting your job, then quit it. Work during Shaʿbān and other months and save enough for Ramaḍān. Or, find a job that will enable you to fast. But to be careless about fasting and be more concerned about worldly affairs and laborious work; this is not permissible. Have taqwā of Allāh as much as you can. Do a little bit of work that does not prevent you from fasting, if you are in need of it. But if you cannot, then work before Ramaḍān and save money that will enable you to quit working and observe the fast with Muslims. We ask Allāh for guidance and success for you and us. Presenter: Āmīn. May Allāh reward you, dear Shaykh. As for those who give fatwā to those who do heavy manual work in Ramaḍān that it is permissible for them to break their fast, are they correct in issuing such a fatwā? Shaykh ibn Bāz (): We do not know any basis for this. The principle is that they should work according to their ability; if doing heavy manual work is a must, then they should delay such work till after Ramaḍān, and save from what they earned from their work before Ramaḍān that which helps them fast. Being careless in this regard is a great evil and has terrible consequences. It is obligatory not to take this matter lightly. However, if it is possible to do work that does not prevent the person from fasting, then there is no blame in working during Ramaḍān alongside fasting. But if that work forces one to break his fast, then he should leave such a job. He should seek Allāh’s assistance in observing his fast by using his savings money. Presenter: May Allāh bless you.
  • 19. End of the Fatwā “The Proofs and Decisive Evidences on the Incorrectness of the Concession not to Fast in Ramaḍān Due to Wearing Medical PPE, [And] All Perfect and Complete Praise with Love and Veneration is Exclusive to Allāh () Alone. May the Praise of Allāh be Exalted for His final Nabī, may His Peace also descend upon His final Nabī and seal.”