Commentary
When the man reaches the evening, it becomes lawful for him to eat and drink. Mahmoud, may Allah have mercy on him, said: "When the man reaches the evening, it becomes lawful for him to eat..." Ahmad, may Allah have mercy on him, said: And the correctness of this answer is evidenced by the fact that when the permissibility was established for him, he said: (So now, go to your wives) and he used the familiar euphemism in the Noble Book. And similarly, he said: (So there is to be no sexual relations, nor wrongdoing, nor disputing during Hajj) for this phrase was used, and it was not reported in Hajj what was reported in fasting regarding the reason for the revelation of the verse, which is the occurrence of what is disliked. It can be answered that since it occurred in the verse about Hajj, it was prohibited for them so that they would not fall into it, and it was expressed in a way that would deter them from getting involved. And sexual relations are permitted until the evening prayer or until one sleeps. If he prays it or sleeps without breaking his fast, it becomes forbidden for him to eat, drink, or have relations with women until the next evening. Then Umar, may Allah be pleased with him, had relations with his wife after the evening prayer. When he bathed, he began to weep and blame himself. He went to the Prophet, blessings and peace be upon him, and said: O Messenger of Allah, I seek forgiveness from Allah and from you for this sinful act of mine and informed him of what he had done. The Prophet, blessings and peace be upon him, said: You were not deserving of that, O Umar. It was narrated by Al-Tabari from the path of Atiyyah from Ibn Abbas regarding the saying of Allah, the Exalted: (Lawful for you is sexual relations with your wives during the nights of fasting) the verse. He said: When the people first embraced Islam, if they fasted, they would eat food between the time of sunset and the evening prayer. When they prayed the evening prayer, it became forbidden for them to eat until they reached the next evening. And indeed, Umar ibn Al-Khattab, may Allah be pleased with him, while he was sleeping, his soul tempted him, so he went to his wife, and he remembered it. There is no mention of "Then some men stood up and confessed". Al-Tabari narrated from the path of Al-Suddi who said: "Umar ibn Al-Khattab, may Allah be pleased with him, had relations with a young woman in the presence of some Muslims who could not control themselves, so he went to the Prophet, blessings and peace be upon him." Then some men stood up and confessed to what they had done after the evening prayer, so the verse was revealed. And it was recited: 'Lawful for you is sexual relations during the nights of fasting', meaning Allah made it lawful. Abdullah recited: 'the sexual relations', which is the explicit term that should be euphemized, like the word 'intercourse', and a man has sexual relations. Ibn Abbas, may Allah be pleased with him, recited while in the state of Ihram:
And they walk with us in a gentle manner... If the birds tell the truth, we will have relations with Lamisa.
Ibn Abbas recited this in Hajj, and Abu Alia said to him: "Do you have relations while you are in Ihram?" He said: "Indeed, the sexual relations are what occurs with women.
And some said: Al-Husayn ibn Qays said: Ibn Abbas took the tail of his camel, twisting it while he was leading it and saying: And they... the house.
I said to him: Do you have relations while you are in Ihram? He said: "Indeed, the sexual relations are what is said in the presence of women. And they, meaning the she-camels, 'walk with us', meaning with us.
And 'Al-Hamis' is a type of walking that is silent, and it is in the accusative case due to 'they walk'. And 'If the birds tell the truth', meaning those that we have been favored with as they flew to the right, and the birds are likened to a messenger in a figurative sense, and 'truth' is a metaphor. It was narrated: 'If the assumption is true', and the action that follows is the response to the condition, and the term 'intercourse' is the literal meaning of inserting the male organ into the female organ, and anything else - like touching or sexual relations - is a metaphor or euphemism in essence, and thus it is inappropriate to speak of it openly unlike others. And Lamisa is a woman's name, and perhaps Ibn Abbas used it as an example of achieving what he intended.
So he was asked: Did you have relations? He said: "Indeed, the sexual relations are what occurs with women." It was narrated by Al-Hakim in Al-Mustadrak from the path of Ziyad ibn Al-Husayn from Abu Alia.
"Indeed, the term 'رفث' refers to that which is spoken to women." This was narrated by Ibn Abi Shaybah and Al-Tabari from this perspective. 'الهميس' is pronounced with a فتح on the هاء and ends with a silent letter: it is a type of movement, the sound of which is not heard. This was mentioned by Thabit Al-Sarqasti. Allah, the Most High, said: 'So there is no رفث and no فسوق,' and by this, He alluded to sexual intercourse, as it is rarely devoid of something of that nature. If you say: Why did He allude to it here with the word 'رفث' which indicates a sense of ugliness, unlike His words: '(And you have gone in unto one another),' '(So when he covered her),' '(Approach them),' '(Or you have touched the women),' '(You have entered upon them),' '(So come to your tilth),' '(Before you touch them),' '(And whatever you have enjoyed from them),' '(And do not approach them)?' I say: It is a disapproval of what they found before the permissibility, as He called it 'اختيانا' for themselves. If you say: Why is 'رفث' used with 'إلى'? I say: Because it implies the meaning of 'الإفضاء.' When a man and a woman embrace and each one of them holds the other in their embrace, it is likened to clothing that envelops them. Al-Ja'di said: 'When the companion bends her side... she bends and becomes a garment for him.' [This is from Al-Nabigha Al-Ja'di. The word 'ما' is extra. 'الضجيع' means the one lying beside. 'العطف' - with a kasra - means the side. 'تثنت' refers to the act of embracing in pursuit of what is desired, so she became enveloped in it like clothing; it is a profound comparison. It is narrated: 'bent her neck,' meaning her neck.] If you say: What is the significance of His saying: '(They are a garment for you)?' I say: It is an introduction as a clarification for the reason for permissibility, which is that if there is such closeness and interaction between you and them, your patience regarding them diminishes, and it becomes difficult for you to avoid them. Therefore, it was made permissible for you to approach them. 'تَخْتانُونَ أَنْفُسَكُمْ' means you wrong yourselves and diminish your share of good. 'الاختيان' is from 'الخيانة,' just as 'الاكتساب' is from 'الكسب' which implies increase and intensity. 'فَتابَ عَلَيْكُمْ' when you repented from what you committed of the prohibited, 'وَابْتَغُوا ما كَتَبَ اللَّهُ لَكُمْ' and seek what Allah has decreed for you and what He has established in the tablet regarding offspring through direct contact, meaning do not approach for the sake of fulfilling desire alone, but to seek what Allah has ordained for marriage regarding procreation. It was said: It is a prohibition against 'العزل' because it is with free women. It was said: 'وابتغوا' the place that Allah has decreed for you and made lawful, not what has not been decreed for you from the prohibited place. And from Qatadah: 'وابتغوا ما كتب اللَّه لكم' from permissibility after prohibition. Ibn Abbas read: '(And follow)' and Al-A'mash read: '(And come).' It was said that it means: 'And seek the Night of Decree and what Allah has decreed for you of reward if you attain it and stand in prayer during it,' and this is close to the innovations of interpretations. 'الْخَيْطُ الْأَبْيَضُ' is the first light that appears from dawn stretching across the horizon like a stretched thread. 'الْخَيْطِ الْأَسْوَدِ' is what extends with it from the dimness of the night, likened to two threads, one white and one black. Abu Dawood said: 'When a patch of light illuminated for us... and a thread of dawn shone for us.' [This is from Abu Dawood. 'أضاء' and 'أنار' can be intransitive as here or transitive. 'السدفة' is the whiteness of dawn mixed with a little darkness. In the Najd dialect: darkness. 'أسدفت' the woman let down her veil: she released it. 'أسدف' the night became dark. For others, it is the illumination and dawn. 'أسدف' the dawn. 'أضاء.' 'أسدف' the door opened it. And the whiteness of some of the dawn is likened to a thread in its extension. It is possible that 'من' is explanatory, and the phrase 'أنار' is a description of the thread, and the conditional response is in what follows. ]
And His saying, "from the dawn" is an indication of the white thread, and it suffices for the indication of the black thread. Because the indication of one is an indication of the other. And it may be that "from" is for partitive: because it is part of the dawn and its beginning. If you say: Is this from the realm of metaphor or from the realm of comparison? I say: His saying, "from the dawn" takes it out of the realm of metaphor, just as your saying: I saw a lion is a metaphor. If you add "from so-and-so," it returns to being a comparison. If you say: Then why was "from the dawn" added so that it became a comparison? Why did it not suffice with the metaphor, which is more eloquent and more included in eloquence? I say: Because it is a condition of the borrowed that it indicates by the situation or the words, and if "from the dawn" were not mentioned, it would not be known that the two threads are borrowed, so "from the dawn" was added, and it became a strong comparison and was removed from being a metaphor. If you say: Then how did it become unclear to 'Adiyy ibn Hatim with this indication until he said: I took two ropes, one white and one black, and placed them under my pillow, and I would get up at night and look at them, but I could not distinguish the white from the black. When I woke up, I went to the Messenger of Allah, blessings and peace be upon him, and informed him, and he laughed and said: "If your pillow is wide," and it was narrated: "You have a wide neck". This narration is also in al-Bukhari from the path of al-Sha'bi from 'Adiyy ibn Hatim. Is that not the whiteness of the day and the blackness of the night? I say: He was heedless of the indication, and that is why the Messenger of Allah, blessings and peace be upon him, exposed his neck, because it is something by which the foolishness of a man and his lack of perception are indicated. And a Bedouin recited to me about a foolish man: "The wide neck is his measure in his left hand... He has shrunk from the lineage of the common people, his mustache." This describes a man as foolish in a figurative way. Exposing the neck is a metaphor for foolishness. And the fact that his measure is in his left hand is a metaphor for stupidity. And "he has shrunk" means his mustache has receded, due to how much he bites his lip when it comes to lineage, which is a metaphor for dullness.
If you say: What do you say about what was narrated from Sahl ibn Sa'd al-Sa'idi [[agreed upon from the narration of Abu Hazim from him]]: that it was revealed and (MINA AL-FAJR) was not revealed? There were men who, when they intended to fast, would tie a white thread and a black thread around one of their legs. They would continue to eat and drink until it became clear to them. Then (MINA AL-FAJR) was revealed, and they knew that it meant the night and the day? And how could the clarification be delayed, as it resembles playfulness, where the intended meaning is not understood? For it is neither a metaphor due to the lack of indication, nor a comparison before mentioning the dawn, so it is not understood except as the truth, which is not intended? I say: As for those who do not permit the delay of clarification - and they are the majority of jurists and theologians, and it is the opinion of Abu Ali and Abu Hashim - this hadith is not authentic according to them. And as for those who permit it, they say: It is not playfulness. Because the addressed person benefits from the obligation of the address and resolves to act if the intended meaning is clarified. Then complete the fast until the night. They said: It is evidence for the permissibility of intention during the day [[Mahamud, may Allah have mercy on him, said: 'They said it is evidence for the permissibility of intention during the day... etc.' Ahmad said: Their reasoning from the verse for the first ruling is difficult, because the conjunction of intention with the beginning of fasting in existence is not considered by consensus, and its precedence from the night and its continuity is considered by consensus. Therefore, there is no contradiction between eating and drinking until dawn and the intention of future fasting from the night. The existence of it from the night prior to fasting is derived from evidence that indicates it. And they could not complete their reasoning with the verse regarding the consideration of intention during the day - if eating and drinking were allowed at night until dawn - contradicts the validity of the continuity of intention. The implication of the verse for the permissibility of eating and drinking until dawn prevents the consideration of intention from the night to dawn due to the existence of what contradicts it, and it is necessary to establish it after dawn in this estimation. And that estimation, as you know, is agreed upon as invalid. As for reasoning with it for the other two rulings, it is valid and Allah knows best. And to note that al-Zamakhshari, recognizing the invalidity of reasoning with the verse for the mentioned ruling, took the path of narration from them and said: They said, he does not say it except in such a meaning, and he could not indicate the invalidity of the reasoning because it is in accordance with his doctrine.]] in the fasting of Ramadan, and on the permissibility of delaying the washing until dawn, and on the negation of continuous fasting while being in seclusion in the mosques, those who are devoted therein.
And seclusion is to confine oneself in the mosque to worship therein. And the intended meaning of direct contact is sexual intercourse, as indicated by His saying (UHLILAKUM LAILATA AS-SIYAMI AR-RAFATHU ILAA NISAAIKUM), (FAALAN BASHIROOHUN) and it was said its meaning is: And do not touch them with desire. And sexual intercourse invalidates the seclusion, as does touching or kissing if it leads to ejaculation. And from Qatadah, a man would, when he was in seclusion, go out and have sexual relations with his wife, then return to the mosque, and Allah forbade them from that. And they said: It is evidence that seclusion can only be in a mosque, and that it is not restricted to one mosque over another. And it was said:
It is not permissible except in the mosque of the Prophet, which is one of the three mosques. It has been said: in a congregational mosque. The general public holds that it is in a mosque of congregation. Mujahid read: in the mosque. Those are the rulings that I mentioned, the limits of Allah, so do not approach them and do not deceive them. If you say: how is it said, 'so do not approach them'? Ahmad, may Allah have mercy on him, said: in this verse is clear evidence for the position of Malik, may Allah be pleased with him, regarding the blocking of means and being cautious about prohibitions, which cannot be refuted. So do not approach them, along with His saying: 'and do not transgress the limits of Allah, and whoever transgresses the limits of Allah.' I say: whoever is in obedience to Allah and acts according to His laws is operating within the realm of truth, so he is forbidden to transgress it. For whoever transgresses it has entered the realm of falsehood. Then it is emphasized that he is forbidden to approach the limit, which is the barrier between the realms of truth and falsehood, so that he does not draw near to falsehood, and that he should be distanced from the edge, let alone cross it. As the Messenger of Allah, blessings and peace be upon him, said: 'Indeed, every king has a sanctuary, and the sanctuary of Allah is His prohibitions. Whoever grazes around the sanctuary is close to falling into it.' Thus, grazing around the sanctuary and approaching its realm are one and the same. It is permissible that by the limits of Allah, He means His prohibitions and prohibitions specifically, due to His saying: 'and do not approach them,' which are limits that should not be approached.
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