An Introduction to Qawa'id al-Fiqhiyyah

     Sheikh Sa'id al-Lahji begins his work Idhah al-Qawa'id al-Fiqhiyyah with the famous verses of al-Sabban that contain the ten fundamentals which every student must know before delving into a particular subject:

Indeed the fundamentals of every science are ten:

The definition, the subject, and the fruits,

Its merit, relationship and founder,

The name, basis, and ruling of the lawgiver,

And the legal cases. Though some is sufficient

The one who obtains it all gains nobility.

     Qawa'id al-Fiqhiyyah deals with the principles through which the rulings of new occurrences are identified in the absence of a clear statement in the Qur'an, Sunnah, or ijma'. The subject matter of the science is the methodology of deducing fiqh rulings from the established legal maxims. The issues that one studies in the field constitutes the examination of the conditions and states of furu', and determining the compatibility of the principles with the furu'. 

     Qawa'id al-Fiqhiyyah allows one to know the ruling of new occurrences when there is no clear nass from the lawgiver, and it allows one to understand a large amount of furu' in a relatively short period of time. Being a branch of fiqh, the study of legal maxims naturally shares the merit that fiqh enjoys: the best field after theology. 
 

     The field, sometimes referred to as 'ilm al-qawa'id al-fiqhiyyah or ashbah wa al-nada'ir, was founded by the masters of furu', such as Abu Tahir and Qadi Husayn, who developed the field of study and transmitted the science to others. Later, Sultan al-'Ulama 'Izz Abd al-Salam came an authored an extensive work in the field. 
 

     The science is rooted in the Qur'an, Sunnah, and statements of the companions and mujtahid imams. It is communally obligatory to learn the science of qawa'id al-fiqhiyyah, and personally obligatory whenever a qadi appoints one to learn the science (6-7).

The Life and Works of Ibn al-Sam'ani

Ibn al-Sam’ani’s full name is: Mansur bin Muhammad bin ‘Abd al-Jabbar bin Ahmad bin Muhammad bin Ja’far bin Ahmad bin ‘Abd al-Jabbar bin al-Fadhl bin al-Rabi’ bin Muslim bin ‘Abd Allah al-Sam’ani al-Marwazi. The name al-Sam’ani is an ascription to Sam’an, a village of Banu Tamim. Al-Marwazi alludes to the town of Merv where the imam’s family settled, possibly during the earliest period of expansion into Khurasan, and it was the city in which Ibn al-Sam’ani was born and raised.

Ibn al-Sam’ani was born in the month of Dhul-Hijjah in the year 426 AH. He was raised in a household of knowledge and asceticism. The first among his family to gain notoriety was Muhammad bin ‘Abd Jabbar Abu Mansur (d.450 AH), the Imam’s father. Ibn al-Sam’ani's father was a great scholar of the Hanafi school and the author of many distinguished works, and he was amongst the foremost personalities in the town of Merv. Abu As’ad described him as a man of great piety and virtue who commanded mastery over the Islamic sciences and Arabic language. When Ibn al-Sam’ani reached the age of seven, his father took it upon himself to train his son in various fields of Islamic studies, including Hanafi fiqh and usul al-fiqh. While still in his youth, Ibn al-Sam’ani went on to study with scholars in his hometown, among them, the great muhaddith and musnid of Khurasan, Abu Ghanim al-Kara’i. al-Sam’ani also took knowledge from Abu Bakr Muhammad bin ‘Abd Samad al-Tarabi. The Imam expended all efforts in attaining knowledge, and eventually became one of the leading scholars of Hanafi fiqh in Khurasan. Although Ibn al-Sam’ani benefited greatly from the scholars of his locality, he did not confine his studies to his hometown. He traveled extensively to other towns in order to acquire knowledge and hear hadith and attain high asanid. He traveled to Nishapur, Jurjan, Hamdhan, and Qazwin. Apart from this achievement, the imam was bestowed with superb intelligence and an impeccable memory. Ibn al-Sam’ani once remarked, “I never forgot anything that I committed to memory.”

Around the year 461, Ibn al-Sam’ani decided to make the hajj-journey and along the way he hoped to benefit from scholars in the towns that he passed through during his trip. Every town that al-Sam’ani passed through, he would stop in order to meet the city’s scholars and hear hadith from them. His traveling companion, al-Hasan bin Ahmad al-Marwazi noted: “I accompanied Sheikh Abu al-Mudhaffar on hajj, and whenever we would enter a new city, the imam would request to hear hadith from different scholars. On the way, al-Sam’ani passed through Baghdad and met its scholars and debated with some of the jurists of Baghdad. Of those jurists that al-Sam’ani debated in Baghdad was the great Shafi’i jurist of his era, Sheikh Abu Nasr bin al-Sabbagh (d. 477). He also met Imam Abu Ishaq al-Shirazi and heard hadith from Ahmad bin Muhammad bin al-Naqur, Abu al-Ghana’im al-Hashimi, and others. After spending time in Baghdad and taking knowledge from the city’s luminaries, the imam and his convoy headed for the Hijaz. In order to shorten the length of their trip, the convoy decided to take a road that was not commonly used by travelers. Along the way, a group of locals stopped the convoy and took them all as prisoners. Al-Sam’ani recalls of the incident: “we were held captive and I was in charge of tending to the camels. The leader of their group decided that he wanted to wed his daughter off, and he wanted to travel to a city in order to contract the marriage. One of our traveling companions informed the leader that the person who he appointed to tend to the camels is the jurist of Khurasan. And so the leader and his group asked me some question and I responded, and I spoke to them in Arabic. The group became embarrassed and apologized for what they had done. I contracted the marriage and offered the short customary sermon. The group was very pleased by this and asked me if I would accept some gift or service from them, in return for what I had done, but I refused. In the middle of that year, the band of Arabs escorted my convoy to Makkah.”

When Ibn al-Sam’ani reached Makkah he stayed with Sheikh Ahmad bin Asad al-Kuwji, and entered into the company Imam S’ad bin ‘Ali al-Zinjani al-Shafi’i (d.471). Al-Sam’ani was greatly influenced by al-Zinjani’s character and knowledge. It was before al-Zinjani that the imam decided to leave the Hanafi school, and become a follower of the Shafi’i school. For Ibn al-Sam’ani, this marked the beginning of a personal and intellectual transformation.

During Ibn al-Sam’ani’s stay in Makkah he continually sought knowledge and kept the company of scholars, but it was the scholars of hadith that al-Sam’ani accompanied most. He heard hadith from the Mufti of Makkah Hayyaj bin ‘Ubayd al-Huttayni, Abu ‘Ali al-Shafi’I, Karimah bint Ahmad al-Marwaziyyah. He decided that he wanted to remain in the company of his dear teacher al-Zinjani and take up residence in Makkah. Until one night, al-Sam’ani saw his father in a dream who requested him to return to Merv. Al-Sam’ani related this dream to his teacher and asked him for his counsel on the matter. After discussing the issue, he decided to return home. This journey had a tremendous impact on Ibn al-Sam’ani. During this period the Imam went from being a muqallid to exercising his own ijtihad. 

Ibn al-Sam’ani reached his hometown in the 468, and shortly after his return word spread of his move to the Shafi’i school, and the he left the path which he ardently defended for thirty years. The common people of the city became infuriated by this and turmoil began to ensue between the two schools. It reached a point that the governor ordered Ibn al-Sam’ani to leave Merv. Imam Ibn al-Sam’ani first took up residence in al-Tus and then in Nishapur. He remained in Nishapur for a while. He spent most of his time therein teaching and holding revision gatherings. After a while, Ibn al-Sam’ani returned to Merv. In Merv his repute eventually grew and he gathered a large circle of companions and students. The Imam remained in Merv until his death on the 23rd of Rabi’al-Awwal in the year 489. The Imam was 63 when he passed away and is buried in Sanjadhan, one of the burial places of Merv. 


The scholars of his era, and those who came after, had great admiration and respect for Ibn al-Sam’ani. Some the greatest scholars of Islam had these words to say:

“If fiqh was a folded garment, Abu al-Mudhaffar would have been its fashioner” (Imam Haramayn al-Juwayni).

“Abu al-Mudhaffar al-Sam’ani was the Shafi’i of his time” (Abu al-Qasim bin Imam al-Haramayn).

“When I look at Abu al-Mudhaffar it feels as though I am a looking at one of the tabi’in” (‘Ali bin al-Qasim al-Saffar).

“He sided with people of hadith and sunnah, was a thorn in the eye of his opposition, and was a hujjah for the people of the Sunnah” (al-Dhahabi).

Ibn al-Sam’ani left behind a number of works in different fields. He authored works in ‘Aqidah, Tafsir, Hadith, Fiqh, and Usul al-Fiqh. Every single work that he authored was written after the Imam became a Shafi’i in Makkah. Unfortunately, not every work authored by the great imam survived, but the works that circulate between scholars and students of knowledge today are extremely beneficial and extensive in their coverage. 

The works of Ibn al-Sam’ani include:

In ‘Aqidah

Al-Rad ‘ala al-Qadariyyah: reaching twenty volumes, this is one of the imam’s oldest works. He wrote it shortly after departing from the Hanafi school. This book is considered to be lost.

Minhaj Ahl al-Sunnah: this work covers two main topics: the intricate words in the Qur’an, and the ruling of takfir.

Al-Intisar li-Ashab al-Hadith: a brief work covering three topics: the importance of adhering to the sunnah, the virtue of hadith, and knowledge. Like Minhaj Ahl al-Sunnah, al-Intisar is lost; however, large portions of the work have been reproduced in Suyuti’s work Sawn al-Mantiq wa al-Kalam.

Usul al-Fiqh

Qawati’ al-Adillah fi Usul al-Fiqh: this book is one of the only existing works of Ibn al-Sam’ani, and it is perhaps the work for which he is most well-known. Qawati’ al-Adillah has been published numerous times by various publishing houses. One of the best prints was completed by Maktabah al-Tawbah with ‘Abd Allah Hafidh Ahmad al-Hakami’s extensive notes.

The author also wrote works in fiqh, mainly dealing with ‘ilm al-khilaf, hadith, and tafsir, most of which are lost.

References: ‘Abd Allah Hafidh al-Hakami’s Introduction to Qawati’ al-Adillah. Riyadh, Saudi Arabia: Maktabat al-Tawba, 1997. Print.

The Meaning of the Imperative Mood in Usul al-Fiqh

      When a command is mentioned without evidence signifying its intent, the imperative mood can carry fifteen possible meanings. The command can:

1. الوجوب-Make something an obligation: “Establish prayer”(Surat al-Baqarah 43).

2. الندب-Recommend something to be done: “And those who seek a written contract [of emancipation], from among those whom your right hand owns, of male slaves and female slaves, contract with them accordingly, if you know in them any good” (Surat al- Nur 33).

.”

3. الارشاد-Advise and guide towards an act: “And summon to bear witness two men from among you” (Surat al-Baqarah 282). The meaning here being similar to a recommendation, in that both seek the attainment of welfare, except that al-nadb is for an interest in the hereafter, and al-irshad is for a worldly benefit.

4. الاباحة-Indicate the permissibility of something: “And go out to hunt”(Surat al-Ma’idah 2).

5. التأديب-Refine and discipline: “Eat from what is in front of you” (Bukhari).

6. الامتنان والاكرام-Bestow blessings and honor : “Eat from what Allah has provided for you” (Surat al-Ma’idah 88), and “Enter paradise in peace” (Surat al-Hajar 46).

7. التهديد-Threaten: “Do as you wish” (Surat al-Fussilat 40).

8. الانذار-warn: “ ‘Enjoy!, this world of yours for a short time. For lo! your journey’s end, your return, shall be to the Fire!’”(Surat Ibrahim 30). Close to a threat in meaning, a warning differs in two aspects:

a. A warning must coincide with a punishment; a threat can either be mentioned with a punishment or not.

b. The act that one has been threatened about must outwardly appear to be unlawful or invalid. An act that one has been warned about can appear to be unlawful or invalid or it may not appear to be so (al-Bahr al-Muhit 2/358-359).

9. التسخير-Ridicule and subjugate: “ ‘Be apes, despised!’” (Surat al-Baqarah 65).

10. التعجيز-Make something impossible: “ ‘Be stones or iron” (Surat al-Isra’ 50).

11. الاهانة-Humiliate: “ ‘Taste!, that is, [taste] the chastisement. Indeed you are the mighty, the noble one”(Surat al-Dukhan 49).

12. التسوية-Make two things equal: “ Endure, it, or do not endure, your endurance and your anguish, will be the same”(Surat al-Tur 16).

13. الدعاء-Supplication: “Forgive me.”

14. التمني-Voice a desire or wish: “O long night, disappear.”

15. كمال القدرة-Show absolute power and ability: “ Be, and it is” (Surat Yasin 82).

      Some author, such as al-Subki in Jam’ al-Jawami, list twenty six possible meanings of the imperative mood. While al-Zarkashi lists some thirty-odd possible meanings in al-Bahr al-Muhit.

     The soundest-view, according to al-Amidi is that the command only has a literal implication when the meaning is a clear demand or request. In all other cases, the command is entirely metaphorical (al-Ihkam 2/176).

Imam al-Muzani's Independent Views

Imam al-Muzani's Independent Views

 Imam Ibrahim al-Muzani, The Defender of the Shafi’i School

Isma’il bin Yahya bin Isma’il bin ‘Amr bin Ishaq, more famously known as Ibrahim al-Muzani, was born in 174 AH. Imam al-Muzani studied under Imam al-Shafi’i, Nu’am bin Hammad, and others. His students include: Ibn Khuzaymah, al-Tahawi, Zakariyya al-Saji, Ibn Jawsa, Ibn Abi Hatim, and many others. Imam al-Muzani was a mountain of knowledge and a great debater, so much so that his teacher al-Shafi’i once remarked, “If al-Muzani debated with the devil, he would certainly win.” The great imam was extremely scrupulous and refrained from worldly-pleasures; only sufficing himself with what was necessary. If al-Muzani missed a group prayer, he would repeat the prayer twenty five times. Al-Muzani would wash the dead purely for the sake of Allah, and he would say, “I wash the dead so that my heart may become pure.” Imam Abu Ishaq al-Shirazi described al-Muzani as being someone who renounced the world and was great scholar and mujtahid. The Imam possessed debating skills and was immersed in the subtle meanings of things. Al-Muzani authored many works, among them: al-Jami’ al-Kabir, al-Jami’ al-Saghir, al-Mukhtasar, al-Manthur, al-Masa’il al-Mu’tabarah, al-Targhib fi al-’Ilm, Kitab al-Watha’iq, Kitab al-’Aqarib, and the work Nihayat al-Ikhtisar. Al-Shafi’i referred to him as the Defender of the Shafi’i School. Whenever al-Muzani would finish writing  a legal issue in his Mukhtasar he would pray two rak’ats. ‘Amr bin ‘Uthman al-Makki once praised him by saying, “out of all of the devout worshippers that I have seen, I have never seen one more skilled in ijtihad than al-Muzani, nor have I seen anyone who continually worships more than al-Muzani, nor have I seen anyone who honors knowledge and the people of knowledge more than him. In matters of piety, he was extremely hard on himself and lenient on others. Al-Muzani exclaimed that he was molded by the noble character of Imam al-Shafi’i. Abu ‘Asim mentioned that al-Muzani would not perform ablution from the streets of Ibn Tulun, nor would he drink from its clay jugs. The reason why he refrained was because manure was used to make the jugs, and fire, used to bake the clay, could not purify the filth. Scholars from all over the Muslim world came to benefit from Imam al-Muzani, including scholars from Khurasan, Iraq, and Sham. After a lifetime of service to Islam and the school of his beloved teacher, al-Shafi’i, al-Muzani passed on to his Lord in the month of Ramadhan in the year 264 AH (Tabaqat al-Shafi’iyyah al-Kubra 2/93).


Independent Views of Imam al-Muzani

1. Doubting about the purity of water or a garment

The Madhhab:

If one has two containers of water, one containing pure water and the other containing impure water, and one has doubts about which one is pure, there are three views: the soundest-view is that is impermissible to use either vessel until one attempts to determine which vessel is pure and finds evidence that indicates that the water in the vessel is most- likely pure (Rawdhat al-Talibin 1/35). In this case, garments have the same ruling as water with regards to ascertaining the purity of an object when in doubt (al-Najm al-Wahhaj 1/248)

Imam al-Muzani’s View:

If one has doubts about two vessels of water, one containing pure water and the other containing impure water, one should not attempt to determine which water is pure, rather, one should perform the dry ablution and pray. One does not have to repeat the prayer later. Similarly, when one doubts about a pure garment and an impure garment, one should pray one prayer in each garment, without attempting to determine which garment is pure. This was also the view of Imam Abu Thawr (ibid, al-Bayan 1/56).

2. Cleaning After Relieving Oneself

The Madhhab:

It is obligatory to clean one’s private parts after relieving oneself (Rawdhat al-Talibin 1/65).

Imam al-Muzani’s View

It is not obligatory to clean after relieving oneself, just as it is not obligatory to remove the traces remaining after cleaning oneself with stones (al-Najm al-Wahhaj 1/300).

3. Wiping the head in ablution

The Madhhab:

It is obligatory to wipe a portion of the head or a portion of hair, even as single strand, provided that the wiping takes place within the limits of the head. However, it is recommended to wipe the entire head (Mughni al-Muhtaj 1/93, Rawdhat al-Talibin 1/60).

Imam al-Muzani’s View

It is obligatory to wipe the entire head in ablution. This is also the view of Imam Malik and Imam Ahmad. Al-Muzani narrates this opinion from al-Shafi’i in his work al-Manthur (al-Najm al-Wahhaj 1/329).

4. Rubbing the limbs in ablution and the purificatory bath

The Madhhab:

It is recommended to rub one’s limb after washing it with water as a precautionary measure, to ensure complete purity, and to avoid differences of opinion among those who consider rubbing the limb mandatory (al-Ghurar al-Bahiyyah 1/296).

Imam al-Muzani’s View:

It is obligatory to rub the limbs in ablution and the purificatory bath. This is also the opinion of Imam Malik (al-Najm al-Wahhaj 1/392).

5. Permeating a Thick Beard

The Madhhab

Permeating a thick beard is among the recommended acts of ablution.

Imam al-Muzani’s View:

It is obligatory to permeate a thick beard (al-Najm al-Wahhaj 1/351).

6. Performing Ablution in Order

The Madhhab:

Performing Ablution is an integral of ablution.

Imam al-Muzani’s View

It is not obligatory to perform the integrals of ablution in order. This is also the preferred-view of Ibn Mundhir, Sheikh Nasr al-Din al-Maqdisi, and al-Bandiji. Al-Baghawi relates that the majority of scholars also held this opinion (ibid 1/333).

7. Does Tayammum lift ritual impurity?

The Madhhab:

Tayammum does not lift ritual impurity

Imam al-Muzani’s View

Tayammum lifts ritual impurity (al-Najm al-Wahhaj 1/463).

8. Praying more than one obligatory prayer with a single dry ablution

The Madhhab:

One may not pray more than a one obligatory prayer with a single dry ablution.

Imam al-Muzani’s View

One can pray as many obligatory and supererogatory prayers as one wishes with a single dry ablution. The reason being that dry ablution lifts ritual impurity, therefore, one may pray as many prayers as one likes. This is also the view of Ibn al-Mundhir and a position that al-Ruwyani preferred (ibid 1/474).

9. Performing dry ablution before the prayer’s time

The Madhhab:

One can only make dry ablution after the prayer’s time has entered.

Imam al-Muzani’s View

One can perform dry ablution before the prayer's time. This is based on al-Muzani’s view that dry ablution lifts ritual impurity. al-Ruwyani also preferred this view. (ibid 1/478).

10. Praying when one is unable to obtain water or earth

The Madhhab:

When one is unable to obtain water for ablution or earth for dry ablution, one must pray and then repeat the prayer later according to the jadid position.

Imam al-Muzani’s View

If one is unable to use earth or water, one must pray and one does not have to repeat the prayer later. This is the qadim position and the view that al-Nawawi adopted in Sharh al-Muhadhdhab (ibid 1/479).

11. The duration of post-natal bleeding

The Madhhab:

The minimum duration of post-natal bleeding is a moment, its usual time is forty days, and its maximum duration is sixty days.

Imam al-Muzani’s View

The minimum post-natal bleeding is four days and the maximum is forty (ibid 1/512-13).


12. The beginning of ‘Isha

The Madhhab:

The time for ‘Isha prayer enters with the disappearance of the red twilight (Rawdhat al-Talibin 1/181).

Imam al-Muzani’s View

 ‘Isha time enters when the white twilight disappears. This is also the position of Imam Abu Hanifah (ibid, al-Najm al-Wahhaj 2/15).

13. The minimum number of witr

The Madhhab:

The minimum witr prayer consists of a single rak'at, however, Qadhi Abu Tayyib considered it disliked to offer a single-rak’at witr prayer.

Imam al-Muzani’s View:

The minimum witr is three. al-Muzani based this view on Shafi’i’s statement: “Offer three rak‘ats of witr (ibid 2/293).

14. The ‘awrah of a free-woman

The Madhhab:

The ‘awrah of a free-woman includes her entire body, except for the face and hands.

Imam al-Muzani’s View

The ‘awrah of a free-woman includes her entire body, except for the face, hands, and feet (ibid 2/192-193).

15. Delaying a make-up fast until the following year

The Madhhab

Whenever one delays a make-up fast until the following Ramadhan, in addition to the make-up, one must give one mudd for each day missed.

Imam al-Muzani’s View
One must only make up the missed fast; giving a mudd is not obligatory. This is also the position of Imam Abu Hanifah (ibid 3/341).

The Status of Independent Views in the Shafi’i School

Sheikh ‘Abd Allah BaSudan writes that some of the Shafi’i scholars held independent views--views that went against the official view of the school. Scholars have relied upon such views for personal practice when following the relied-upon view of the school is burdensome or impossible. Independent views in the school are well-known and many. But in reality, independent views are not completely outside of the school, because an independent view can either be founded on istinbat, qiyas, or an ikhtiyar based on the school’s principles. Similarly, an independent view can be based on an earlier view of al-Shafi’i, a qadim position, or based upon a sound proof, since Shafi’i himself said: “When a hadith is found to be authentic, it is my position” (Mukhtasar al-Fawa’id al-Makkiyyah 60-61).

And Allah knows best,

Ahmad Adams 

    

The Importance of the Pre-Dawn Meal

     Anas (radhi Allah ‘anhu) relates that the Prophet (salla Allah ’alaihe wa sallam) said, “Take the pre-dawn meal for in it there is blessing” (‘Umdat al-Ahkam, Hadith 182).

     Siraj al-Din Ibn al-Mulaqqin explains in his commentary that the word al-sahur in the hadith refers to the meal one takes when there is a fathah on the -s. In this way, sahur is similar to al-barud: what one uses to cool down, al-sanun: what one uses to clean one’s teeth, and al-raqu: what one uses to stop the flowing of blood. However, al-Suhur, with a dammah on the -s, refers to the act of eating the pre-dawn meal. This is the most-popular view according to Ibn Daqiq al-’Eid. But Ibn al-Mulaqqin states that some prefer the view that the word al-suhur is a verbal noun named after the time in which the act takes place. In this instance, al-suhur occurs shortly before dawn and its time begins halfway through the night. This is mentioned by al-Nawawi in Kitab al-Siyam in Sharh al-Muhadhdhab, and at the end of Kitab al-Iman in al-Rafi’s Fath al-’Aziz.

     Thereafter, Ibn al-Mulaqqin elucidates the meaning of blessing in the aforementioned hadith. Literally meaning growth or increase, blessing (ar: baraka) which is a result of the pre-dawn meal can refer to blessings in the hereafter. The blessing in the hereafter being attained through following the sunna which brings about reward. Taking the pre-dawn meal can also be the means by which one remembers Allah, engages in supplication, performs the ablution, performs prayers, and seeks Allah’s forgiveness at a blessed time wherein Allah’s mercy descends and prayers are answered up until dawn. All of these actions are a means for an increase in reward. It is equally possible that the blessings from the pre-dawn meal are earthly, for one’s body is nourished and strengthened by the pre-dawn mean, thus resulting in greater zeal to fast more often since the difficulty of the fast has been lightened through the pre-dawn meal. Ibn Daqiq al-’Eid mentions that the blessings mentioned in the hadith can apply to the act of taking the pre-dawn meal and the actual meal itself. Finally, the blessings from the pre-dawn meal can be attained in this world and the next. In summary, the blessing from al-suhur is attained in different ways, among them:

1. Following the sunna
2. Differing from the people of the book who would eat more when breaking their fast.
3. Gaining strength, energy, and zeal to fast, especially for youngsters.
4. Giving charity to those who ask for food at pre-dawn.
5. Remembrance, supplication, and a means of seeking mercy at a time when prayers are answered.
6. Showing better character. For it is likely that if one neglects the pre-dawn meal one may show bad character simply out of hunger
7. Renewing one’s intention, thereby avoiding differences of opinion among the scholars who say that one must renew the intention after having risen from sleep.

Concluding, Ibn al-Mulaqqin states that the scholars agree that the pre-dawn meal is wholly recommended and not obligatory, and the imperative nature of the hadith’s wording is merely for instruction and advice. The pre-dawn meal is among the many distinguishing features of this ummah; for the Prophet (salla Allah ‘alaihe wa sallam) said, “the difference between our fast and the fast of the people of the book is the pre-dawn meal” (Muslim). During the early days of Islam, whenever one slept after breaking fast, it became unlawful to resume eating and drinking. Thereafter, the ruling was lightened and food and drink became permissible until dawn (al-’Ilam bi-Fawa’id ‘Umdat al-Ahkam 3/76-77).

Reference:
Ibn al-Mulaqqin, Siraj al-Din. Al-’Ilam bi-Fawa’id ’Umdat al-Ahkam. Beirut, Lebanon: Dar al-Kutub al-’Ilmiyyah, 2007. Print.

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).
--
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. 

Taking From Mawquf Water

Sheikh Muhammad Salih al-Ra'is al-Makki was asked about washing more than three times in water which is mawquf for wudhu and ghusl when the water is more than two qullahs. Below is the fatwa printed in the margins of Sheikh Ibrahim al-Maghribi's Qurrat al-Ayn bi-Fatawa 'Ulama al-Haramayn. Q. Regarding water in a large tub--containing two qullahs or more--which has been endowed for ablution and the purificatory bath, is it permissible to wash each limb more than three times since the water will fall from the limb back into the tub? Some fiqh books mention that it is disliked to wash more than three times when the water belongs to one, and it is unlawful when the water is an endowment. However, the scholars do not differentiate between water from a tap and water from a tub. In the first instance, the extra water (used to wash more than three times) is wasted, while in the second scenario the water goes back into the tub. Is the unlawful nature of washing more than three times from endowed water absolute (mutlaqan) or is it restricted to water from a tap? A. Yes, it is absolutely unlawful to wash more than three times from endowed water. This has been explicitly stated by Ibn Hajar and Ramli in their works. The reason for this is that the waqif has not allowed the water to be used in this way. As for the the questioner's statement that the water returns back into the tube, certainly not all of the water returns, for some water remains on the limbs. And Allah knows best (5).