With the help of all of Allaah's Names; [including] the

Entirely Merciful, the Especially Merciful.

Certainly, all praise and thanks is due to Allaah.

We praise and thank Him, we seek His help and
assistance, and we seek His forgiveness. We take
refuge with Allaah from the evil which is within our
very souls, and from the sinfulness of our actions.
Whomever it is that Allaah guides, no one can mislead
him after that, and whomever it is that Allaah sends
astray, no one can guide him after that. I bear
witness (without any hesitation) that there is
absolutely nothing that deserves to be worshipped
and adored, except for Allaah; He is One, without
partners. I also bear witness that Muhammad bin
'Abdullaah (blessings and peace be upon him) is His
slave, worshipper, and messenger.

‫ن إ ِّل‬ َ
ُ َ ‫وَل ت‬
ّ ُ ‫موت‬ َ ‫ه‬ َ ُ‫ق ت‬
ِ ِ ‫قات‬ ّ ‫ح‬ َ ّ ‫قوا الل‬
َ ‫ه‬ ُ ّ ‫مُنوا ات‬
َ ‫ءا‬
َ ‫ن‬
َ ‫ذي‬ِ ّ ‫ها ال‬ َ ّ ‫َياأي‬
‫ن‬ َ
َ ‫مو‬ ُ ِ ‫سل‬
ْ ‫م‬ ُ ‫م‬ ْ ُ ‫وأن ْت‬َ

Allaah says what means, "O you who have

believed, fear Allaah as He should be feared and do
not die except as Muslims [in submission to Him]."
(Aal 'Imraan 3: 102)

َ َ ‫خل‬ َ
‫ة‬
ٍ َ‫حد‬ ِ ‫وا‬ َ ‫س‬ ٍ ‫ف‬ ْ َ‫ن ن‬ْ ‫م‬
ِ ‫م‬ ْ ُ ‫قك‬ َ ‫ذي‬ ِ ّ ‫م ال‬ ُ ُ ‫قوا َرب ّك‬ ُ ّ ‫س ات‬ ُ ‫ها الّنا‬ َ ّ ‫َياأي‬
‫قوا‬ ُ ّ ‫وات‬َ ً‫ساء‬ َ ِ ‫ون‬َ ‫جاًل ك َِثيًرا‬ َ ‫ر‬ِ ‫ما‬ َ ‫ه‬ ُ ْ ‫من‬
ِ ‫ث‬ ّ َ ‫وب‬ َ ‫ها‬َ ‫ج‬َ ‫و‬ ْ ‫ها َز‬ َ ْ ‫من‬
ِ ‫ق‬ َ َ ‫خل‬ َ ‫و‬َ
َ
‫قيًبا‬ِ ‫م َر‬ ْ ُ ‫عل َي ْك‬َ ‫ن‬ َ ‫ه‬
َ ‫كا‬ َ ّ ‫ن الل‬ ّ ِ‫م إ‬ َ ‫حا‬َ ‫واْلْر‬ َ ‫ه‬ ِ ِ‫ن ب‬َ ‫ساءَُلو‬ َ َ ‫ذي ت‬ ِ ّ ‫ه ال‬َ ّ ‫الل‬
 Allaah says what means, "O mankind, fear your
Lord, who created you from one soul and created
from it its mate and dispersed from both of them
many men and women. And fear Allaah, through
whom you ask one another, and the wombs. Indeed
Allaah is ever, over you, an Observer." (An-Nisaa' 4:
1)

َ
‫ح‬
ْ ِ ‫صل‬
ْ ُ ‫دا ي‬
ً ‫دي‬ِ ‫س‬َ ‫وًل‬ ْ ‫ق‬َ ‫قوُلوا‬ُ ‫و‬ َ ‫ه‬ َ ّ ‫قوا الل‬ ُ ّ ‫مُنوا ات‬ َ ‫ءا‬َ ‫ن‬ َ ‫ذي‬ ِ ّ ‫ها ال‬َ ّ ‫َياأي‬
ُ َ ‫سول‬
‫ه‬ ُ ‫وَر‬َ ‫ه‬َ ّ ‫ع الل‬
ِ ِ‫ن ي ُط‬
ْ ‫م‬
َ ‫و‬
َ ‫م‬ ْ ُ ‫م ذُُنوب َك‬ ْ ُ ‫فْر ل َك‬ ِ ‫غ‬
ْ َ ‫وي‬َ ‫م‬ ْ ُ ‫مال َك‬َ ‫ع‬ْ َ‫م أ‬ْ ُ ‫ل َك‬
‫ما‬ ً ‫ظي‬
ِ ‫ع‬ َ ‫وًزا‬ ْ ‫ف‬ َ ‫فاَز‬ َ ْ‫قد‬ َ ‫ف‬َ
Allaah says what means, "O you, who have
believed, fear Allaah and speak words of appropriate
justice. He will [then] amend for you your deeds and
forgive you your sins. And whoever obeys Allaah and
His Messenger has certainly attained a great
attainment." (Al-Ahzaab 33: 70&71)

Thereafter: the truest speech is the Book of

Allaah. The best guidance is the guidance of
Muhammad (Allaah's prayers and peace be upon him).
The worst matters are those newly invented and
introduced into this religion; and every matter which
is newly invented and introduced in this religion is an
innovation. All innovation is misguidance, and all
misguidance is in the Fire.
 My intention with this paper, and with Allaah lays
all hope of success, is to elucidate the Hanbalee
position on Hijaamah being one of the nullifiers of the
fast. I hope to accomplish this through an analysis of
the prime evidence used by the Hanaabilah to prove
this point – the statement of the Prophet (blessings
and peace be upon him) that the one performing
Hijaamah and the one having it performed have
broken their fast, and through an exposition of the
details of the Hanbalee position and their answer to
some of the criticisms as taken from al-Mughnee by
the same author as our main text. As is my wont, I’m
restricting myself to the Hanbalee position because of
my own personal preference generally for it, and that
my resources favor this approach as well.

To start with the Hadeeth in question is narrated

by numerous Companions, by some counts up to
eleven. (Harf, 2001) Although it is of disputed
authenticity, with statements for and against from
more than one scholar, the preponderance appears to
favor it being Saheeh (authentic). Amongst those
scholars authenticating it are ‘Alee bin al-Madeenee,
Ishaaq bin Raahawayh, an-Nawawee, al-Albaanee, &
Ibn ‘Uthaymeen. In fact, a couple scholars; namely Az-
Zubaydee & al-Albaanee have asserted it reached the
level of Tawaatur – the most authentic narration
possible. An extremely note-worthy statement of al-
Bukhaaree is mentioned as well, wherein he said that
there’s nothing more authentic in this subject than
the Hadeeth of Shidaad bin Aws & Thawbaan; both of
them are Saheeh (authentic) with me. (Al-Mawsoo'at ul-
Hadeetheeyah)
 Aside from the authenticity of this Hadeeth,
there was some necessity to address the matter of
whether or not it was abrogated. In analyzing
approximately 150 statements regarding authenticity
of this Hadeeth only TWO made any mention of it
being abrogated. Both considered it Saheeh, but
made varying comments about it’s’ abrogation. Az-
Zarqaanee said abrogated, and he also said other
than that. So his position is unclear. Al-Albaanee was
the only one to make a definitive statement about it
being abrogated. (Al-Mawsoo'at ul-Hadeetheeyah) I was
unable to confirm or deny it’s abrogation as reported
in the text, and there were some other points in this
regard that became more apparent in the detailed
fiqh of this matter as found in al-Mughnee.

In examining the discussion of this matter in

Hanbalee fiqh the following points are important to
be made. First, a group of Companions used to do
Hijaamah while fasting, but they would do so at night
– when it wouldn’t break their fast. Second, the
evidence used by the opposing opinion is a Hadeeth
from Ibn ‘Abbaas (may Allaah be pleased with both of
them) where he says that the Prophet (blessings and
peace be upon him) performed Hijaamah and he was
fasting. However, Ibn ‘Abbaas is one of those who it
was reported that he would do Hijaamah at night
while fasting. This would seem to indicate he
understood it could break the fast. Also, Ibn
Qudaamah (may Allaah show him mercy) argues that
the Hadeeth of Ibn ‘Abbaas is abrogated by the
Hadeeth of Shidaad bin Aws; which is the opposite
claim of those who oppose the Hanbalee position.
(Harf, 2001)
 When I started out doing my research for this
paper I was open to reaching the conclusion that the
Jumhoor had the stronger evidence and that their
opinion should win out. However, upon embarking on
this quest it only reaffirmed for me the position of the
Hanaabilah. The authenticity of the Hadeeth of
Shidaad bin Aws, while controversial, appears to be
sufficiently established to remove reasonable doubt.
In fact, it may even be amongst that rare class of
most authentic statements of the Prophet (blessings
and peace be upon him), namely Mutawaatir. Add to
this that the only conclusive statement on it being
abrogated was from a single contemporary scholar,
then the whole matter of it’s weakness as an
evidence becomes doubtful. Upon looking into the
fiqh of this matter more closely, it becomes even
more doubtful that it’s incorrect to say that Hijaamah
nullifies Siyaam. The reported practice of the
Companions seems to imply this understanding, due
to their doing Hijaamah at night while fasting. Also, a
counter claim is made that the Hadeeth of those who
permit Hijaamah while fasting (that of ‘Ibn ‘Abbaas) is
actually abrogated by the one by Shidaad bin Aws. It
seems to be clearly a matter of scholarly opinion in
which there is much difference. As such, I hold to the
Hanbalee position because the evidence used is
undoubtedly authentic and appears well backed by
the practice of the Companions (including some who
narrated its permission earlier). Not to mention that
some of the narrations of this incident include that
this statement regarding Hijaamah breaking the fast
was made after the Prophet (blessings and peace be
upon him) witnessed a man who did so (i.e. Hijaamah)
during Ramadhaan. Allaahu Ta’aalaa A’lam!
 Freed from all imperfections are You, O Allaah, and
You are praised! I bear witness that nothing deserves
to be worshipped or adored except for You. I seek
Your Forgiveness and turn in repentance to You.
Aameen.

Authored by Sa’eed R. Purcell

For Dr. Hatem al-Haj and the class on Fiqh of Worship

II

Works Cited
Al-Mawsoo'at ul-Hadeetheeyah. (n.d.). Retrieved November 30, 2010, from Durar
As-Sunneeyah: http://www.dorar.net/enc/hadith

Harf. (2001). Al-Mughnee li-Ibn Qudaamah. Cairo, Egypt.