Concerning the validity of the fasting of he who wakes up in the morning in a state of Janâba (major ritual impurity)

The question:

If a man has a sexual intercourse with his wife, at night, after Maghrib (sunset prayer) and he makes Ghusl (major ablution) after Fajr (dawn prayer), is his fasting invalid?

The answer:

All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.

The interdiction to observe the fast for a Junub (someone in a state of major ritual impurity) which is stated in the hadith reported by Abu Hurayra that the Prophet said: “He who wakes up in the morning in a state of major impurity, let him not observe the fast”^[1]is Mansûkh (abrogated) by the hadith which is reported by `Aicha and Um Salama that the Prophet : “ Used to wake up in the morning impure due to a sexual intercourse, then makes Ghusl (major ablution) and observes the fast”^[2]. This hadith is agreed upon [by Al-Bukhâri and Muslim], but Muslim added in the hadith reported by Um Salama: “But he does not make up for the missed day”^[3]. That is a proof that the fasting of he who wakes up in the morning in a state of Janâba (major ritual impurity) due to a sexual intercourse, is valid.

As for Abu Hurayra, he went back on his opinion and stated a fatwa according to the opinion of `Aicha and that of Um Salama ^[4].

There is also another proof confirming that Naskh (abrogation). Muslim and others reported that `Aicha said: “A man came to the Prophet to ask him, and she (`Aicha) was overhearing from behind the door. The man said: “Messenger of Allah, I get up in the morning Junub (in a state of major ritual impurity), and the time of the prayer comes, do I fast? The Prophet said: “I too get up in the morning Junub, the time of the prayer comes and I observe the fast”. The man said to him: “You are not the same as us. Allah has forgiven you all your precedent and next sins. The Prophet said: “By Allah, I hope that I am the most fearful of you with respect to Allah and more knowledgeable about which I fear Him”^[5].

The perfect knowledge belongs to Allah. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and Brothers till the Day of Resurrection.

Algiers: Dhu Al-Hijjah 28^th, 1426H

January 28^th, 2006

[1] Reported by: Ahmad (hadith 7591), and Al-Humaydi in his “Musnad” (Hadith 1066), according to the hadith reported by Abu Hurayra . This hadith is authenticated by Ahmad Shâkir in his revision to “Musnad” of Imam Ahmad (13/118) and Al-Albâni in “As-Silsila As-Sahîha” (3/10).

[2] Reported by: Al-Bukhâri in his “Sahîh” (1926), and Muslim; chapter of “the fast” (hadith 2646), and Ahmad (hadith 27422), according to the hadith reported by `Aicha and Um Salama .

[3] He reported it in the chapter of “the fast” (hadith 2646).

[4] Reported by: Muslim in the chapter of “the fast” (hadith2645) and Al-Bayhaqi (hadith 8253).

[5] Reported by: Muslim (hadith 2649), and Abu Dâwûd, chapter of “the fast” (2391), and Mâlik in “Al-Muatta' ” (hadith 642), and Ahmad (hadith 26836), according to the hadith reported by `Aicha .

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