1627. If a person in the state of janÁbah intentionally fails to perform ghusl before the fajr adhÁn, or if his duty is to perform tayammum, he intentionally fails to do so, his fast is invalid. The precepts for the qaÃÁ of the fast of the month of Ramadan will be elaborated later in this section.
1628. If a person intentionally fails to perform ghusl before the fajr adhÁn in a fast other than the fast for the month of Ramadan or its qaÃÁ, such as the recommended fasts, and the obligatory fasts which are date-specific, his fast will still be in order. The recommended precaution in obligatory fasts is that one should not intentionally remain in the state of janÁbah (until the fajr adhÁn).
1629. If a person is in janÁbah during a night of the month of Ramadan, and intentionally fails to perform ghusl until the time becomes constrained, then obligatory precaution will dictate that he perform tayammum, observe the fast of that day and then fast its qaÃÁ as well.
1630. If in the month of Ramadan a person in janÁbah forgets to perform ghusl, and recollects after one day, he will have to fast the qaÃÁ of that day’s fast. If he recollects after a few days, he must fast the qaÃÁ of the number of days that he is certain he was in the state of janÁbah. Thus, if for example he is not sure whether he was in janÁbah for three or four days, he must fast the qaÃÁ of three days.
1631. If a person does not have the time to perform ghusl or tayammum during one of the nights of the month of Ramadan, but causes himself to enter the state of janÁbah nonetheless, his fast will be invalid. He will have to fast its qaÃÁ and pay its kaffÁrah as well. However, if the duty of a person is to perform ghusl, but possesses enough time to perform tayammum only, should such a person cause himself to enter janÁbah, based on obligatory precaution he will have to perform tayammum, observe the fast for that day and then fast its qaÃÁ as well.
1632. If a person investigates to determine whether he possesses sufficient time or not, and thinks that he does have enough time to perform ghusl, and therefore causes himself to enter janÁbah, only to realize later on that his time is constrained and therefore performs tayammum, his fast will be in order. If however he thinks that he possesses enough time without investigating, and causes himself to enter janÁbah, realizing thereafter that his time is constrained and therefore fasts by performing tayammum, obligatory precaution dictates that he fasts the qaÃÁ of that day’s fast.
1633. If a person is in janÁbah during one of the nights of the month of Ramadan, and knows that should he go to sleep, he will not be able to wake up before the fajr adhÁn, he should not sleep without performing ghusl. Should he do so, and then not wake up until morning, his fast will be invalid and he will have to fast its qaÃÁ and also pay its kaffÁrah.
1634. If a person in janÁbah wakes up during one of the nights of the month of Ramadan, and is not convinced that he will be able to wake up for ghusl before fajr adhÁn, the recommended precaution is that he should not go back to sleep without performing ghusl.
1635. If a person is in janÁbah during one of the nights of the month of Ramadan, and is certain or satisfied that should he go to sleep, he will be able to wake up before the fajr adhÁn, then should such a person go to sleep with the intention of performing ghusl after waking up, his fast will be in order even if he remains asleep until the fajr adhÁn.
1636. If a person is in janÁbah during one of the nights of the month of Ramadan, and knows or speculates that should he go to sleep, he will be able to wake up before the fajr adhÁn, but is oblivious to the fact that he needs to perform ghusl after waking up, then should such a person go to sleep and fail to wake up until the fajr adhÁn, obligatory precaution will dictate that he fasts the qaÃÁ of that day’s fast.
1637. If a person who is in janÁbah during one of the nights of the month of Ramadan is certain or considers it probable that should he go to sleep, he will be able to wake up before the fajr adhÁn, then should such a person not wish to perform ghusl after waking up, or be indecisive about it, and goes to sleep without waking up, his fast will be invalid for that day. It will be obligatory on him to fast its qaÃÁ and pay its kaffÁrah as well.
1638. If a person in janÁbah goes to sleep on a night during the month of Ramadan, and then wakes up after a while, and either knows or speculates that should he go back to sleep, he will be able to wake up before the adhÁn of fajr, and has the intention to perform ghusl thereat, then should he go back to sleep, and not wake up prior to the adhÁn of fajr, he will have to fast the qaÃÁ of that day’s fast. If he wakes up after his second nap, and go back to sleep a third time, failing to wake up prior to the adhÁn of fajr, he will have to fast the qaÃÁ of that day’s fast. The recommended precaution is that he should pay the kaffÁrah as well.
1639. The first sleep, given that a person experiences a nocturnal ejaculation, is the sleep that one enters after waking up. As for the sleep in which one experiences the nocturnal ejaculation, it does not count as the first sleep.
1640. If a person who is fasting experiences a nocturnal ejaculation during the day, it is not obligatory on him to perform the ghusl immediately.
1641. If a person wakes up after the fajr adhÁn in the month of Ramadan, and realizes that he experienced a nocturnal ejaculation, his fast will be in order even if he knows that he experienced it before the fajr adhÁn.
1642. If someone wishes to fast the qaÃÁ of a fast of the month of Ramadan, and remains in the state of janÁbah until the fajr adhÁn, his fast will be void even if he did not do so intentionally.
1643. If a person wishes to fast the qaÃÁ of the fast of the month of Ramadan, and having woken up after the fajr adhÁn, realizes that he had a nocturnal ejaculation, and knows that it occurred prior to the fajr adhÁn, his fast will be void based on obligatory precaution. However, should the days remaining prior to the month of Ramadan be limited for observing the qaÃÁ fasts—for example, he has to fast five qaÃÁ fasts, and he only has five days remaining until the advent of the holy month—then in such a case, obligatory precaution will dictate that he continue to fast on that day, and also fast another fast after the month of Ramadan.
1644. Other than the qada fasts of Ramadan, if a person wishes to offer an obligatory fast which like the fast of kaffÁrah is not date-specific, and intentionally remains in the state of janÁbah until the fajr adhÁn his fast will be in order. The recommended precaution is that apart from that day, he should also fast on another day.
1645. If a woman becomes purified from the state of Îayà or nifÁs before the fajr adhÁn during the month of Ramadan, and intentionally fails to perform ghusl, or if her duty was to perform tayammum, she intentionally fails to do so, then her fast will be void. If this occurs in a fast other than the fast of the month of Ramadan, her fast will remain in order, although the recommended precaution is that she perform her ghusl.
1646. If a woman becomes purified from the state of Îayà or nifÁs before the fajr adhÁn during the month of Ramadan, but does not have enough time to perform ghusl, she should then perform tayammum. Obligatory precaution dictates that she also remain awake until the fajr adhÁn. The same applies to a person in the state of janÁbah, should his duty be to perform tayammum.
1647. If a woman becomes purified from the state of Îayà or nifÁs close to the fajr adhÁn during the month of Ramadan, but does not have enough time to perform ghusl or tayammum, her fast will nonetheless be in order.
1648. If a woman becomes purified from the state of Îayà or nifÁs after the fajr adhÁn, or observes the blood of Îayà or nifÁs during the day, even if it be close to the time of maghrib, her fast will be void.
1649. If a woman forgets to perform the ghusl of Îayà or nifÁs, and recollects after a day or after a few days, the fasts that she observed will still be in order. The recommended precaution is that she observe the qaÃÁ of those fasts.
1650. If a woman is purified from Îayà or nifÁs prior to the fajr adhÁn during the month of Ramadan, and she negligently fails to perform her ghusl prior to the adhÁn time, her fast will be void. However, if she is not negligent of it—such as the case wherein she waits for the public bath to have a ladies only session—then even if she falls asleep thrice, eventually not succeeding to perform her ghusl, her fast will be in order if she performs tayammum. If she is not even able to perform tayammum, then her fast is in order even if it is without performing it.
1651. If a woman who is in istiÎÁÃah kathÐrah performs her ghusl in accordance to the rulings that were elaborated in the section on the precepts of istiÎÁÃah, her fast will be valid. As for the case of istiÎÁÃah mutawassiÔah, her fast will be valid even if she does not perform her ghusl.
1652. A person who has touched a dead body—caused a part of his body to touch a part of the deceased’s body—can fast without having performed the ghusl for it. In fact, even if he were to touch a dead body whilst fasting, his fast will not be voided.
