Al Shawkani says the fast of a person who enters the morning in a state of janabah is valid and he does not need to make up the fast.
This applies whether the janabah came from intercourse or from anything else. He says this is the view of the majority of the ulama. Al Nawawi said that consensus had become established on this ruling, and Ibn Daqiq al ʿId said it became consensus or something very close to consensus.
The evidence for this is the hadith of ʿA’ishah that a man asked the Prophet ﷺ about reaching the prayer time while in janabah and fasting, and the Prophet ﷺ said that he also reaches the time while in janabah and fasts (Musnad Ahmad 6/67, Sahih Muslim 1109, Sunan Abu Dawud 2389). There is also the hadith of ʿA’ishah and Umm Salamah that the Prophet ﷺ would enter the morning in a state of janabah from intercourse, not from a wet dream, and would still fast in Ramadan (Sahih al Bukhari 1925). Another narration from Umm Salamah states that he would enter the morning in janabah and would not break the fast nor make it up (Sahih Muslim 1109).
Another proof is the Qur’an verse:
أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَىٰ نِسَائِكُمْ
“Permissible for you on the night of fasting is intimacy with your wives.” (al Baqarah 2:187)
This verse allows intercourse during the night of fasting until the time close to dawn. If intercourse is permissible at that time, then a person may reach dawn while still in janabah, and this does not invalidate the fast.
A hadith from Abu Hurayrah appears to say that whoever enters the morning in janabah has no fast. Al Shawkani says that this was either later abandoned by Abu Hurayrah himself, or it was abrogated.
When Abu Hurayrah was informed of the reports of ʿA’ishah and Umm Salamah, he said that they had greater knowledge about the Messenger of Allah ﷺ. This supports the ruling that the fast remains valid.
Imam Ibn Qudamah (d. 620 AH) said that if a person had intercourse during the night in Ramadan and then Fajr enters while he is still in a state of janabah (impurity), his fast remains valid. He may delay ghusl until after Fajr and then perform ghusl and continue the fast.
He said this is the view of the majority of the ulama. He quoted the agreement of many Sahabah such as ʿAli, Ibn Masʿud, Zayd, Abu al Dardaʾ, Abu Dharr, Ibn ʿUmar, Ibn ʿAbbas, ʿA’ishah, and Umm Salamah رضي الله عنهم.
The evidence used is the same evidence that was previously mentioned.
Ibn Qudamah, like Al Shawkani mentioned that Abu Hurayrah رضي الله عنه once gave the opinion that the fast would not be valid, but he later returned from that view after the hadith of ʿA’ishah and Umm Salamah was conveyed to him.
Ibn Qudamah then mentioned other reported views from some of the Tabiʿin: al Hasan al Basri (d. 110 AH) and Salim ibn ʿAbd Allah (d. 106 AH) said the person completes the fast but must make it up later.
Ibrahim al Nakhai (d. 96 AH) said in one narration that he makes up the obligatory fast but not voluntary fasting.
ʿUrwah ibn al Zubayr (d. 94 AH) and Tawus ibn Kaysan (d. 106 AH) said if a person knew he was in janabah during Ramadan and delayed ghusl until morning then he is not fasting, but if he did not know then his fast remains valid.
Ibn Qudamah presented these views but held that the correct position is the view of the majority based on the authentic hadith. This ruling applies whether the janabah was from intercourse or a wet dream.
Full Chapter From Ash Shawkani
The One Who Enters the Morning in a State of Janabah While Fasting
These hadiths were used as proof by those who said that whoever enters the morning in a state of janabah, his fast is valid and he does not have to make it up, without any difference between janabah caused by intercourse or by anything else.
This is the view of the majority. al Nawawi said that consensus had become established upon this. Ibn Daqiq al ʿId said that it had become consensus, or something very close to consensus.
There is also a hadith from Abu Hurayrah that appears to oppose the hadiths of this chapter. al Bukhari and Muslim both reported from him that he said: “Whoever enters the morning in a state of janabah has no fast.”
Some of the tabiʿin continued to act upon this hadith of Abu Hurayrah, as al Tirmidhi reported. ʿAbd al Razzaq also narrated it from ʿUrwah ibn al Zubayr, and Ibn al Mundhir reported it from Tawus.
Ibn Battal said that this was one of the two statements of Abu Hurayrah. al Hafiz said that this attribution to him is not authentic because Ibn al Mundhir narrated it through Abu al Muhazzim, and he is weak.
Ibn al Mundhir also reported from al Hasan al Basri and Salim ibn ʿAbd Allah ibn ʿUmar that such a person should complete his fast and then make it up later. ʿAbd al Razzaq also narrated the same view from ʿAta.
It was said in Fath al Bari that some later scholars reported from al Hasan ibn Salih ibn Hayy that making up the fast was obligatory. However, what al Tahawi reported from him is that it is recommended. Ibn ʿAbd al Barr also reported this from him.
It is also reported from al Nakhaʿi that making up the fast is obligatory in an obligatory fast but not in a voluntary fast.
al Mawardi said that this entire disagreement concerns a person who is in janabah. As for someone who had a wet dream, they agreed that his fast is valid.
al Hafiz responded to this by referring to what al Nasa’i reported with an authentic chain from Abu Hurayrah رضي الله عنه, that he gave the ruling that whoever entered the morning in a state of janabah due to a wet dream should break the fast.
Another narration from him reported by al Nasa’i says: “Whoever had a wet dream during the night or had intercourse with his wife, then dawn comes upon him while he has not yet performed ghusl, then he should not fast.”
Those who said that whoever enters the morning in a state of janabah must break his fast responded to the hadiths of this chapter with several answers. One of them was that this was something specific to the Prophet ﷺ.
The majority responded by saying that special rulings cannot be established except with proof. They also said that the hadith of ʿA’isha mentioned at the beginning of the chapter clearly shows that it was not something specific to him.
Some scholars tried to combine the two hadiths by saying that the command in the hadith of Abu Hurayrah رضي الله عنه is guidance toward what is better. The better action is to perform ghusl before dawn. If someone does not do that, the fast is still valid. According to this understanding, the hadith of ʿA’isha explains that it is permissible.
al Nawawi reported this reconciliation from the companions of al Shafiʿi. al Hafiz responded that what al Bayhaqi and others reported from the companions of al Shafiʿi is that they followed the method of giving preference between the reports.
Ibn al Mundhir and others followed the method of abrogation. al Khattabi also held the view of abrogation. Ibn Daqiq al ʿId strengthened this view by referring to the saying of Allah:
أُحِلَّ لَكُمْ لَيْلَةَ الصِّيَامِ الرَّفَثُ إِلَىٰ نِسَائِكُمْ
“Permissible for you on the night of fasting is intimacy with your wives.” (Surah al Baqarah 187)
This verse makes intercourse permissible during the night of fasting, and this includes the time close to the rising of dawn. This means intercourse is permissible during that time. A necessary result of this is that the person who does that will enter the morning in a state of janabah, and his fast is not invalid.
This is strengthened by the fact that the man said to the Prophet ﷺ: “Allah has forgiven your past and later sins.” This indicates that the event occurred after the verse had been revealed. The verse was revealed in the year of al Hudaybiyyah, year 6 AH, while fasting was first made obligatory in year 2 AH.
Another support for the claim of abrogation is that Abu Hurayrah later withdrew from giving that ruling. In a narration in al Bukhari, when he was informed of what Umm Salamah and ʿA’ishah had said, he replied: “They know more about the Messenger of Allah ﷺ.”
In a narration from Ibn Jurayj, Abu Hurayrah withdrew from the view he had previously held. Similar reports appear in al Nasa’i and also in Ibn Abi Shaybah.
One narration in al Nasa’i states that Abu Hurayrah attributed the report to al Fadl ibn ʿAbbas. Something similar appears in al Bukhari where he said that al Fadl informed him of it. In another narration he said that Usamah informed him.
As for what Ibn ʿAbd al Barr reported from Abu Hurayrah that he said: “I told you that whoever enters the morning in a state of janabah has broken the fast, and that statement came from Abu Hurayrah himself,” al Hafiz said that this is not authentic from Abu Hurayrah because it comes through ʿUmar ibn Qays, and he is abandoned in hadith.
Among the arguments of those who gave preference to the hadiths of ʿA’ishah and Umm Salamah is what Ibn ʿAbd al Barr said: the hadith of ʿA’ishah and Umm Salamah has been authentically reported and widely transmitted. As for the hadith of Abu Hurayrah, most of the narrations from him show that it was his legal opinion.
Also, the narration of two people is given preference over the narration of one person, especially when those two are wives of the Prophet ﷺ, and wives have greater knowledge about the private matters of their husbands.
Their narration also agrees with transmitted evidence, which is the meaning derived from the verse mentioned earlier, and it agrees with reason as well. Ghusl becomes obligatory because of ejaculation, but performing ghusl itself does not involve anything forbidden for the fasting person.
A fasting person may have a wet dream during the day, which obligates ghusl, yet this does not invalidate the fast. Rather, he continues his fast by consensus.
The phrase “and he does not make it up” was attributed by the author to al Bukhari and Muslim. However, it was not found in al Bukhari. It appears that Muslim alone reported it, so this requires verification.
Nayl al-Awṭār Sharḥ Muntaqā al-Akhbār by Muḥammad ibn ʿAlī al-Shawkānī pg 810–811
The Ruling on One Who is in a State of Janabah In The Morning While Fasting – Imam Ibn Qudamah Al Hanbali
It is permissible for the one who had intercourse at night not to perform ghusl until Fajr rises, while he remains upon his fast.
The meaning of this is that a person in a state of janabah may delay ghusl until morning, then perform ghusl and complete his fast. This is the view of the majority of the people of knowledge. Among them are ʿAli, Ibn Masʿud, Zayd, Abu al Dardaʾ, Abu Dharr, Ibn ʿUmar, Ibn ʿAbbas, ʿA’ishah, and Umm Salamah رضي الله عنهم.
This was also the view held by Malik (d. 179 AH) and al Shafiʿi (d. 204 AH) among the people of the Hijaz, Abu Hanifah (d. 150 AH) and al Thawri (d. 161 AH) among the people of Iraq, al Awzaʿi (d. 157 AH) among the people of Sham, al Layth (d. 175 AH) among the people of Egypt, Ishaq (d. 238 AH) and Abu ʿUbayd (d. 224 AH) among the people of hadith, and Dawud (d. 270 AH) among the people of the Zahiri approach.
Abu Hurayrah رضي الله عنه used to say that such a person has no fast. This was narrated from the Prophet ﷺ, then he returned from that view. Saʿid ibn al Musayyib (d. 94 AH) said: Abu Hurayrah returned from his legal opinion.
It is also reported from al Hasan (d. 110 AH) and Salim ibn ʿAbd Allah (d. 106 AH) that they said: He completes his fast and then makes it up. From al Nakhai (d. 96 AH), in one narration, it is reported that he makes it up in the obligatory fast but not in voluntary fasting.
From ʿUrwah (d. 94 AH) and Tawus (d. 106 AH) it is reported: if he knew about his janabah in Ramadan and did not perform ghusl until morning, then he is not fasting; but if he did not know, then he remains fasting.
Their proof is the hadith of Abu Hurayrah رضي الله عنه, which he later returned from.
Our proof is what Abu Bakr ibn ʿAbd al Rahman ibn al Harith ibn Hisham (d. 94 AH) narrated. He said: My father and I went until we entered upon ʿA’ishah رضي الله عنها. She said: I bear witness regarding the Messenger of Allah ﷺ that he would reach the morning in a state of janabah from intercourse, not from a wet dream, then he would fast.
Then we entered upon Umm Salamah رضي الله عنها, and she said the same thing.
Then we went to Abu Hurayrah رضي الله عنه and informed him of that. He said: They are more knowledgeable about that. The one who narrated it to me was al Fadl ibn ʿAbbas رضي الله عنه.
This hadith is reported by al Bukhari and Muslim.
Al Khattabi (d. 388 AH) said: The best explanation I have heard regarding the report of Abu Hurayrah is that it was abrogated. This is because intercourse was once forbidden for the fasting person after sleeping. Then when Allah permitted intercourse until the appearance of Fajr, it became permissible for the one in a state of janabah, if morning came before he performed ghusl, to fast.
ʿA’ishah رضي الله عنها also narrated that a man said to the Messenger of Allah ﷺ: I reach the morning in a state of janabah while intending to fast.
The Messenger of Allah ﷺ said: “And I reach the morning in a state of janabah while intending to fast.”
The man said: O Messenger of Allah, you are not like us. Allah has forgiven your earlier sins and your later sins.
The Messenger of Allah ﷺ became angry and said: “By Allah, I hope that I am the one among you who fears Allah the most and the one who has the greatest knowledge of what I guard against.”
This was reported by Malik (d. 179 AH) in al Muwatta and by Muslim (d. 261 AH) in his Sahih.
Al Mughnī by Ibn Qudāmah 4/391–393
