Eating and Drinking During Fajr Adhan and Before Maghrib Adhan

Question
There are many questions during Ramadan about eating or drinking during the Fajr adhan and before the Maghrib adhan, what is the ruling on this?
Answer
I say, and with God's success: The time for fasting is from the moment the dawn spreads widely in the horizon until sunset, by consensus, as stated in "Al-Fatawa Al-Hindiyya" (1: 194); this is established in the Holy Quran, as in His saying: {And eat and drink until the white thread of dawn becomes distinct to you from the black thread [of night]. Then complete the fast until the sunset.} Al-Baqarah: 187. The meaning of the white and black thread was explained by the Prophet Muhammad (peace be upon him) in the hadith of Adi ibn Hatim (may Allah be pleased with him) who said: "When this verse was revealed: {Until the white thread of dawn becomes distinct to you from the black thread [of night].} Adi said: O Messenger of Allah, I have two strings under my pillow: one white and one black, so I can distinguish between night and day. The Messenger of Allah (peace be upon him) said: Your pillow is too wide; it is only the darkness of night and the light of day." This is in Sahih Bukhari (2: 676) and Sahih Muslim (2: 766). Thus, there are two dawns: the false dawn, which the Arabs call the tail of the wolf, which is the whiteness that appears in the sky lengthwise and is followed by darkness, and the true dawn: which is the whiteness that spreads in the horizon. Therefore, with the rising of the false dawn, it does not prohibit eating for the fasting person until the true dawn rises; as the Prophet (peace be upon him) said: "Let not the call of Bilal deceive you regarding your pre-dawn meal, nor the whiteness of the horizon until it spreads like this," and he gestured with his hands, saying: "meaning horizontally" in Sahih Muslim (2: 770). In another narration: "Let not the call of Bilal prevent any of you from having his pre-dawn meal, for he calls to awaken your sleeping ones and to return your standing ones. He said: And it is not that he means the dawn: like this, or he said: like this, but until he says: like this and like this, meaning lengthwise, but like this means widthwise" in Sahih Ibn Khuzaymah (3: 210), as in Al-Mabsut (1: 141). Due to the clarity of the meaning of the verse and the abundance of hadiths on the subject, the scholars have unanimously agreed that the second dawn is what is meant in fasting and the prohibition of eating. Imam Al-Nawawi said in Al-Majmu' (6: 323): "The entry into fasting is with the rising of the dawn, and the prohibition of food, drink, and sexual relations with it is our opinion and the opinion of Abu Hanifa, Malik, Ahmad, and the majority of scholars from the Companions and the Followers and those after them." Abu Al-Walid Al-Baji said in Al-Muntaka Sharh Al-Muwatta (1: 168): "It is permissible to eat and drink at the time when Bilal calls, and there is no disagreement that it is not permissible to eat after the dawn rises." As for the first dawn, it is not related to any of the legal rulings by consensus. Imam Al-Nawawi said: "All the rulings related to dawn pertain to the second dawn, and nothing from the first false dawn is related to any rulings by the consensus of Muslims." It is known that the two calls at the time of dawn are the Sunnah of the Prophet (peace be upon him), so the first call is before the time enters to alert about its proximity, and nothing from the rulings of eating, drinking, fasting, prayer, and others is related to it, unlike the second call which is at the rising of the true dawn, and it is an announcement to the people of the entry of the time of dawn; for them to fast, pray, and do other things. The fact that the call is a sign of the rising of the dawn is what the Prophet (peace be upon him) did; he did not impose on each person to observe the dawn, but rather relied on one action to inform others of the entry, which is what the Companions (may Allah be pleased with them) understood from him (peace be upon him), as they considered the call in fasting and prayer, as indicated by his saying (peace be upon him): "Let not the call of Bilal deceive you regarding your pre-dawn meal, nor the whiteness of the horizon until it spreads like this." What the relevant authorities do by forming Sharia and astronomical committees to calculate the prayer times and present them to Muslims; to make it easier for them to know the times of the calls; is indeed a great service to the religion of Allah (the Exalted), and a facilitation of adhering to its rulings for the believers after the development of modern civilization, the abundance of buildings and their congestion, the size of cities, and the spread of electricity, which prevents monitoring the times of the calls, as is the case for those living in the desert. These calendars (ruznamas), even if it is permissible to call them an innovation, are indeed a good innovation, like the compilation of books, the establishment of schools, and other virtues that were done after the Messenger of Allah (peace be upon him) for the service of the religion of Allah (the Exalted) and its preservation. We are obligated to determine the dawn by the preponderance of suspicion, and this is what is within our capacity, and the preponderance of suspicion that occurs from specialized committees in timings is more accurate and better than the preponderance that occurs from an individual who has no expertise in this. The relied-upon opinion among the scholars is that fasting begins with the first entry of dawn, and it is as soon as the caller begins the call, Imam Al-Nawawi said in Al-Majmu' (6: 323): "One becomes engaged in fasting with the first rising of the dawn, and what is meant is the rising that appears to us, not that which is in reality." Thus, it becomes clear that eating and drinking at the second call is by consensus among the recognized scholars in the four schools, and whoever eats or drinks during the call, such that he swallows a morsel in his mouth and does not expel it, then he must make up for it and atone for it. Whoever reviews the books of the scholars finds dozens of branches based on that, which necessitates considering the beginning of fasting as soon as the dawn and the call occur. Imam Al-Nawawi said in Al-Majmu' (6: 333): "Whoever sees the dawn and has food in his mouth, let him expel it and complete his fast; if he swallows it after knowing the dawn, his fast is invalid, and there is no disagreement in this." In Al-Hadiyah Al-Alaiyah (p. 163): "If the one who is having sexual relations removes his member at the moment of the dawn rising, and even if he reaches climax after removal, his fast is not invalidated; however, if he remains without removal and does not move, he must make up for it, and if he moves, he must make up for it and atone for it." If he throws the morsel from his mouth at the rising of dawn, then his fast is not invalidated; but if he swallows the morsel, if the swallowing of the morsel was before he expelled it from his mouth, he must make up for it and atone for it, as in Al-Mabsut (3: 141), Al-Durr Al-Mukhtar (2: 99), and Badai' Al-Sanai' (2: 95). Sheikh Al-Nu'as said in the legal fatwas (p. 120): "Whoever intends to fast, whether obligatory or voluntary, must refrain from food and drink before the call of dawn. If he eats and drinks and the caller of dawn says: Allahu Akbar at the rising of dawn, then he has broken his fast. If he expels what is in his mouth and does not swallow it, then his fast is valid, if Allah wills. As for if he swallows food or drink after hearing the takbir and it is at the rising of dawn, then he has broken his fast. If his fast is obligatory, he must refrain for the rest of the day, then make up for this day and atone for it, which is fasting two consecutive months according to the Hanafi scholars, and according to the Shafi'i scholars, he must make up for it without atonement. If his fast is a makeup fast, he does not have to refrain for the rest of his day, but he must make up for it without atonement. If he intends to fast a voluntary fast and eats or drinks at the beginning of the call, then there is nothing upon him, and he is not considered a faster." As for some being misled by the apparent meaning of the hadith: "If any of you hears the call and has a vessel in his hand, let him not put it down until he fulfills his need from it" in Al-Mustadrak (1: 320, 323, 588), and it is said to be authentic according to the conditions of Muslim, and in Sunan Al-Bayhaqi Al-Kabir (4: 218), Sunan Al-Daraqutni (2: 165), Sunan Abu Dawood (2: 302), and Musnad Ahmad (2: 510), regarding the permissibility of eating and drinking even if the dawn rises and the call is made, this is not applicable due to its contradiction with the consensus of the scholars as previously mentioned. Therefore, it was stated in the fatwas of the Fatwa Sector in Kuwait (R1/32/83) (121): "No one among the scholars has taken the apparent meaning of this hadith, as far as we know, and it is carried by the majority to mean that the call in this hadith, if authentic, refers to the first call, or it is carried on the state of one who is not sure of the rising of dawn. However, if he is sure of the rising of dawn, then he should not eat or drink; due to His saying: {And eat and drink until the white thread of dawn becomes distinct to you from the black thread [of night]. Then complete the fast until the sunset.} Al-Baqarah: 187." In summary, the response of the esteemed scholars to this hadith can be summarized as follows: 1. That the major hadith scholars stated that it is not authentic in both of its chains. Al-Hafiz Abu Hatim Al-Razi said: "These two hadiths are not authentic; as for the hadith of Ammar, it is reported from Abu Huraira (may Allah be pleased with him) as a stop, and Ammar is trustworthy, and the other hadith is not authentic," as in the 'Ilal of Ibn Abu Hatim (1: 123, 1: 256). 2. That it apparently contradicts the Quran in His saying: {And eat and drink until the white thread of dawn becomes distinct to you from the black thread [of night]. Then complete the fast until the sunset.} Al-Baqarah: 187. 3. That the call refers to Bilal's call, as stated by the scholar Al-Alqami: "It is said that the call refers to Bilal's first call; due to his saying (peace be upon him): (Indeed, Bilal calls at night, so eat and drink until Ibn Umm Maktum calls)...", as in Al-Siraj Al-Munir (1: 144). Al-Hafiz Al-Bayhaqi said in "Sunan Al-Kabir" (4: 218): "If this is authentic, it is carried by the common people of knowledge to mean that he (peace be upon him) knew that the caller was calling before the dawn rose, such that his drinking occurs just before the dawn rises... to be in accordance with... his saying (peace be upon him): "Let not any of you be prevented from his pre-dawn meal by the call of Bilal, for he only calls to awaken your sleeping ones and to return your standing ones." 4. That the meaning is certainty of the dawn rising or doubt, as stated by the scholar Al-Azizi in "Al-Siraj Al-Munir" (1: 144): "The meaning is that it is permissible for him to eat and drink until it becomes certain to him that the true dawn has entered, and it seems that the predominant suspicion is equivalent to certainty here. As for the one who doubts the rising of dawn and the continuation of night if he hesitates between them, our scholars said: It is permissible for him to eat; because the original is the continuation of night. Al-Nawawi and others said that the companions agreed on this, and among those who stated this are Al-Darimi, Al-Banduniji, and countless others." The scholar Ibn Muflih said in "Al-Furu'" (3: 70): "If it is authentic, it means that he did not confirm the rising of dawn." The Imam Al-Qari said: "This is if he knows or suspects the absence of dawn," and Ibn Malik said: "This is if he does not know the dawn has risen; however, if he knows that it has risen or doubts it, then no," as in "Badhil Al-Majhud" in the explanation of Sunan Abu Dawood (11: 152). 5. That the call refers to the call for Maghrib, as stated by Imam Al-Manawi: "The meaning is if the fasting person hears the call for Maghrib," as in "Al-Siraj Al-Munir Sharh Al-Jami' Al-Saghir" (1: 144), and the scholar Muhammad Yahya said: If the call refers to the call for Maghrib, the meaning is clear, which is that he should not wait after sunset for anything from the completion of the call or otherwise, but rather he must hasten to break his fast, as in "Badhil Al-Majhud" (11: 152). 6. That eating is related to the dawn, not to the call, as stated by the scholar Al-Saharunfuri in "Badhil Al-Majhud" (11: 152): "The best interpretation of this hadith is to say that this statement by the Messenger of Allah (peace be upon him) indicates that the prohibition of eating is related to the dawn, not to the call, for the caller may hasten to call before the dawn, so the call is not considered if the rising of dawn is not known. This ruling is for those who know the dawn, and as for the common people who do not know, they should be cautious, and Allah knows best." The scholar Muhammad Yahya said: If it is meant by the call the call for Fajr prayer, the meaning is that the call is not taken into account, but rather the criterion is the dawn. If the caller calls and the fasting person knows that the dawn has not yet broken, then he should not put it down from his hand until he fulfills his need. This, along with what is indicated by His saying: {Until the white thread of dawn becomes distinct to you from the black thread [of night]} Al-Baqarah: 187, indicates that the meaning is to be certain without the actual breaking of the dawn, which is more appropriate for the common people considering the facilitation of the Sharia, as most of the elite also cannot grasp its reality, so how about the non-elite? The insistence on the matter being the actual breaking of dawn does not escape from causing hardship and obligation, as in "Badhil Al-Majhud" (11: 152). 7. That it is carried on other than fasting, as stated by the scholar Muhammad Yahya: You may carry the narration on a state other than fasting, so it does not relate to dawn nor to Maghrib, but it is related to the matter of prayer, as indicated by his saying (peace be upon him): "When the evening prayer is present and the evening prayer is established, begin with the evening prayer," as in Musnad Ishaq ibn Rahwayh (2: 120), and see: Al-Tamheed (6: 320), and Tahdhib Al-Kamal (14: 302), for they are both presented in the same manner, and the concern in both is to cut off the prayer from engaging in anything other than the matter of prayer, so just as it is presented in fulfilling his need, it is also presented in fulfilling his need for drink, so the obligation does not apply, and Allah knows best, as in "Fath Al-Bari" (2: 42). Among what relates to this issue is eating and drinking before the call for Maghrib due to the lack of consideration for modern calendars and reliance on the observation of any person in any place, whether on a mountain or in a valley, and so on. Al-Hafiz Ibn Hajar said: The setting of the sun enters the time for Maghrib, and it is not hidden that its place is when there is no barrier between the setting sun and the observer, such as a mountain or buildings or others; this is only achieved in the desert, not in urban areas, as in "Nail Al-Awtar" (2: 5-6). Thus, it becomes clear that knowing the rising of dawn and the setting of the sun is perceived by the elite who have practiced and learned it, just as it requires a desert with no mountains or buildings in it or a sea so that the horizon is not obstructed in front of the observer, and this matter is not feasible for the general Muslims; therefore, the relevant authorities have formed committees of specialists in regulating the times and producing calendars (ruznamas) to determine the times of prayer and worship, and believers should rely on them; for it is safer for them to avoid chaos and confusion among the common people in their worship and doubts about the rulings of their religion. This is because the intended sunset is the physical time, which is the time of the complete disappearance of the redness of the sun until darkness appears in the east, not the actual time; for it can only be realized by individuals, as in "Majma' Al-Anhar" (1: 230), "Al-Durr Al-Muntaka" (2: 230), and the evidence is overwhelming on this, including: 1. From the Messenger of Allah (peace be upon him): "When the night comes from here and the day departs from here and the sun sets, then the fasting person has broken his fast" in Sahih Bukhari (2: 691), and the wording is his, and Sahih Muslim (2: 772). The scholar Al-Haskafi said in "Al-Durr Al-Muntaka" (2: 230): Meaning that if darkness is felt in his direction, then the time for breaking the fast has entered or he has become a breaker of the fast. 2. His saying (the Exalted): {Then complete the fast until the sunset.} Al-Baqarah: 187; for He made the night the limit of fasting by being until the beginning of the night, and fasting does not enter into the night, as in "Ahkam Al-Quran" by Al-Jassas (1: 320). 3. From Salamah (may Allah be pleased with him): "We used to pray with the Prophet (peace be upon him) Maghrib when it was hidden by the veil" in Sahih Bukhari (1: 205), Musnad Abu 'Awanah (1: 301), and Sunan Ibn Majah (1: 225). The scholar Al-Zabidi said in "Taj Al-'Arus" (2: 240): The veil here is the horizon, meaning that the sun has set in the horizon and is hidden by it, and from His saying (the Exalted): {Until it is hidden by the veil.} Sad: 32. 4. From Abu Basrah Al-Ghafari (may Allah be pleased with him) who said: "The Messenger of Allah (peace be upon him) prayed the 'Asr prayer at Al-Makhmas, and said: This prayer was presented to those before you, and they neglected it; so whoever preserves it will have his reward doubled, and there is no prayer after it until the witness rises, and the witness is the star" in Sahih Muslim (1: 568), and the musnad mustajab (2: 423), and Musnad Abu 'Awanah (1: 300). The scholar Al-Sindi said in the margin of Al-Sindi (1: 259): Until the witness rises: a metaphor for the setting of the sun; for with its setting, the witness appears. And hastening to break the fast before sunset invalidates the fast, and its doer incurs severe warning as the chosen one (peace be upon him) informed: "While I was sleeping, two men came to me and took me by my armpits and brought me to a steep mountain and said to me: Climb until I was in the middle of the mountain, and I heard a loud voice. I said: What are these voices? They said: This is the howling of the people of the Fire. Then they took me, and I saw people hanging by their heels, their mouths split open, and blood was flowing from their mouths. I said: Who are these? They said: These are those who break their fast before the time of breaking their fast." in Sahih Ibn Hibban (16: 536), Al-Mustadrak (1: 595), and Sunan Al-Nasa'i (2: 246). The Imam Al-Mundhiri said in "Al-Targhib wal Tarhib" (2: 22): Its meaning is that they break their fast before the time of breaking their fast. It has been established from what has preceded that it is prohibited to eat and drink during the call of dawn and before the call for Maghrib, and that it is necessary to rely on modern calendars; for the predominant suspicion in them is greater than that of individuals, especially those who are not specialists in this matter, and for what it contains of ease and facilitation for Muslims, and to eliminate chaos and confusion in knowing the times of the calls, and to dispel disputes between the common people and the elite. And that the hadith: "If any of you hears the call..." is not to be taken at face value if it is authentic, and it is not appropriate for the elite and the common people to issue fatwas based on its apparent meaning due to its contradiction with the consensus of the scholars as previously mentioned. And that the realization of knowing the setting of the sun can only be achieved by those who are in the desert or on the beach, such that there is no barrier between them and it. And Allah knows best.
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