Sunday, July 29, 2012

Using a Siwak After Noon to Remove Changes Unrelated to Fasting

According to Sheikh Ibn Hajar, it is disliked to use a siwak after noon, even to remove changes to the mouth unrelated to fasting, such as sleep. However, Sheikh Muhammad al-Ramli held that using a siwak after noon in such instance is not disliked (BaFaraj 831).
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The scholars agree that it is disliked to use a siwak after noon so long as the mouth does not change through an event unrelated to fasting. But when such event that normally calls for the use of siwak, such as sleep, does the disliked-nature remain, or does it goes away--since one is essential using the siwak to remove a change unrelated to the fast? Sheikh Ibn Hajar inclined to the view that the disliked-nature remains. In Tuhfat al-Muhtaj, Ibn Hajar states,


If one absentmindedly eats after noon, thereby causing a change in the mouth, or sleeps and wakes up,  it is still disliked to use the siwak according to the soundest-view. The reason for this is that an unrelated change does not entirely consume the     changes brought about through fasting. Even in this scenario the change brought about through fasting is removed…

Sheikh Shihab al-Din al-Ramli held the view that using a siwak in the aforementioned situation not disliked. Shihab al-Din from al-Tabari who wrote in his commentary of al-Tanbih that: “If one’s mouth changes after noon by sleep or something with a bad smell reaching the mouth, it is not disliked to use a siwak in such case (qtd in Hashiyah Asna al-Mutalib). Shihab al-Din’s son followed this view and wrote in Nihayat al-Muhjat: “If one’s mouth changes from sleep and the like after noon one may use the siwak to remove the change. This is what my father gave fatwa upon…” Sheikh Khatib al-Shirbini also inclined towards this view in Mughni al-Muhtaj (Hitou 831-832). 


Reference: BaFaraj, Umar. Fath al-'Aliyy. Editor. Dr. Shifa Hitou. Dar al-Minhaj 2010, Jeddah. 





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