A vehicle overturned in front of him and he hit it, and two people died

I was driving my car at a speed of 80 kph, which is less than the speed limit for that type of road, a two-lane coastal highway. Suddenly a bus came in the opposite direction, crossed the central reservation and overturned in front of me. I hit it straightaway because I could not avoid it, as it came out so suddenly. Two of the bus passengers died, and when I asked the passengers who were rescued from the accident they told me that the driver of the bus was not the original driver and he did not have a licence.
 My question is: do I have to offer expiation or pay the diyah (blood money) or not?.

Praise be to Allaah.  

If the matter is as you say, and you were travelling under the speed limit, and you were unable to avoid hitting the bus, because it came out so suddenly and overturned in front of you, then there is no blame on you and you do not have to pay the diyah or offer any expiation, because you did not break the rules and you were not negligent. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked about a person whose car overturned, and his father who was travelling with him died – does he have to offer any expiation? 

He said: It is essential to determine the cause of the accident; if it was caused by negligence or breaking the rules, then he has to pay the diyah and offer expiation. If it was not caused by breaking the rules or negligence on his part them he does not have to do anything. 

Fataawa Islamiyyah, 3/357. 

The Standing Committee was asked a similar question and replied: 

If the driver was negligent or there is a reason that caused the accident such as his breaking the rules or driving too fast, or he was drowsy and so on, or he was negligent in checking his car or neglected some safety precaution, then he has to offer the expiation for killing, which is freeing a believing slave; if he cannot do that then he has to fast for two consecutive months as an act of repentance to Allaah. If he did not cause the accident in any way, then he does not have to do anything. 

Fataawa Islamiyyah, 2/356 

It says in a report of the Islamic Fiqh Council, issued during its eighth conference in 1414 AH (1993 CE) concerning situations in which a driver is exonerated of blame: 

(a)   If the accident happened as the result of reasons beyond his control, and he was unable to avoid it; this includes anything that is beyond man’s control.

(b)  If it was mostly caused by the one who was harmed. 

Majallat al-Majma’ al-Fiqhi, issue no 8, part 2, p. 372.

 This applies in your case.  

And Allaah knows best.

Husband forcing his wife to abort a pregnancy

What is the ruling on a husband who tries to make his wife abort against her wishes in the second month of pregnancy because he wants to divorce her, by giving her medicine that will cause that to happen, even though he did not manage to bring about an abortion? Is that halaal or haraam? What is the expiation for doing that?.

Praise be to Allaah.  

Aborting a pregnancy is not permissible, whether the soul has been breathed into the embryo or not, but if that is after the soul has been breathed in, the prohibition is more emphatic. 

If a husband tells his wife to abort a pregnancy, it is not permissible for her to obey him. 

Shaykh Muhammad ibn Ibraaheem (may Allaah have mercy on him) said: 

Trying to abort a pregnancy is not permissible if it is not proven that the foetus has died; if that is proven then it is permissible. 

Majmoo’ Fataawa al-Shaykh Ibn Ibraaheem, 11/151 

Shaykh Saalih al-Fawzaan (may Allaah preserve him) said: 

Firstly: 

It is not permissible to abort a pregnancy. Once pregnancy is discovered, it must be protected and it is haraam for the mother to harm the pregnancy or disturb it in any way, because it is a trust that Allaah has placed in her womb and it has rights, so it is not permissible to mistreat it, harm it or destroy it. 

The shar’i evidence indicates that it is haraam to abort a pregnancy. 

The fact that a baby cannot be born without an operation is no excuse for abortion; many women only give birth by means of an operation (i.e., caesarian), so this is no excuse for aborting the pregnancy. 

Secondly: 

If the soul has been breathed into the foetus and it has started to move, then it is aborted after that and it dies, then (the woman) is regarded as having killed a soul and she is obliged to offer expiation by freeing a slave; if that is not possible, then she must fast for two consecutive months in repentance to Allaah. That is if four months of pregnancy have passed, because in that case the soul has been breathed into the foetus. If it is aborted after that, then kafaarah (expiation) as described must be offered. This is a serious matter which cannot be taken lightly. If a woman cannot bear a pregnancy for reasons of sickness, then she has to take medication to prevent getting pregnant in the first place; she may take contraceptive pills to delay getting pregnant for a while, until she regains her health and strength. 

Al-Muntaqa, 5/301-302 

Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) was asked about a man who said to his wife: “Abort what is in your womb and the sin will be on me.” If she does that and listens to him, what expiation will they have to offer? 

He replied: 

If she does that, then they both have to offer expiation by freeing a believing slave; if that is not possible then they have to fast for two consecutive months and they have to give a male or female slave to the heir  that did not take part in the killing, and not to the father, because the father is the one who ordered that he be killed, so he does not deserve anything. 

“A male or female slave” is the diyah (blood money) for the foetus, i.e., the value of a male or female slave, which the scholars stated is equivalent to one-tenth of the diyah for his mother. 

We have already discussed the ruling on abortion in more than one answer. Please see questions no. 13317, 42321, 12733. 

With regard to the expiation for that, because the pregnancy was in the second month or before the soul had been breathed into the foetus, and the abortion did not take place, then no expiation is required. But what is required is repentance to Allaah from this haraam action. And Allaah knows best.

Ruling on aborting a pregnancy in the early stages

What is the ruling on aborting a pregnancy in the early months (1-3) before the soul is breathed into the foetus?.

Praise be to Allaah.  

The Council of Senior Scholars issued the following statement: 

1 – It is not permissible to abort a pregnancy at any stage unless there is a legitimate reason, and within very precise limits.  

2 – If the pregnancy is in the first stage, which is a period of forty days, and aborting it serves a legitimate purpose or will ward off harm, then it is permissible to abort it. But aborting it at this stage for fear of the difficulty of raising children or of being unable to bear the costs of maintaining and educating them, or for fear for their future or because the couple feel that they have enough children – this is not permissible. 

3 – It is not permissible to abort a pregnancy when it is an ‘alaqah (clot) or mudghah (chewed lump of flesh) (which are the second and third periods of forty days each) until a trustworthy medical committee has decided that continuing the pregnancy poses a threat to the mother’s wellbeing, in that there is the fear that she will die if the pregnancy continues. It is permissible to abort it once all means of warding off that danger have been exhausted. 

4 – After the third stage, and after four months have passed, it is not permissible to abort the pregnancy unless a group of trustworthy medical specialists decide that keeping the foetus in his mother’s womb will cause her death, and that should only be done after all means of keeping the foetus alive have been exhausted. A concession is made allowing abortion in this case so as to ward off the greater of two evils and to serve the greater of two interests.

Her husband is going to divorce her and she is in the early stages of pregnancy. Can she have an abortion?

My husband and I have a lot of problems, and we are about to separate. Then I found out that I am pregnant, in the first forty days of pregnancy. Is it permissible for me to abort this foetus without my husband’s permission, because he will not be pleased with that? If we are going to separate, why should I remain pregnant?.

Praise be to Allaah.  

I asked our Shaykh ‘Abd al-Rahmaan al-Barraak about this question and he replied: 

It is not permissible for her to have an abortion without her husband’s permission, because the husband has a right concerning the child just as the wife does.

Islam Q&A

Abortion of a foetus resulting from a zina relationship

Is it permissible for a woman who has committed immoral actions to abort the foetus?

Praise be to Allaah.

The efforts and ijtihaad of the fuqaha’ have focused on abortion in general terms, and the rulings on that and the consequences that may follow. They have not gone into details concerning cases where the pregnancy results from immorality. This may be because they consider that to come under the same ruling as abortion of a pregnancy resulting from a proper marriage. If abortion of a pregnancy resulting from a proper marriage is haraam under normal circumstances, then it is even more so in cases where the pregnancy results from immorality, because permitting abortion of pregnancy which results from immorality would encourage evil actions and the spread of immorality. One of the basic principles of Islam is that it forbids immorality and all the ways that lead to it, e.g., it forbids tabarruj (wanton display of one’s charms) and free mixing (of men and women). 

In addition, an innocent foetus which has committed no sin should not be sacrificed because of a sin committed by someone else. Allaah says (interpretation of the meaning):

“No one laden with burdens can bear another’s burden”

[al-Israa’ 17:15] 

It is known that the Messenger of Allaah (peace and blessings of Allaah be upon him) sent the Ghaamidi woman who was pregnant as a result of zinaa away until she gave birth, then after the birth he sent her away until she had breastfed the child and weaned him. She came back with the child who had a piece of bread. The Prophet (peace and blessings of Allaah be upon him) gave the child to one of the Muslims, then he gave orders that she should be placed in a hole up to her chest, and commanded the people to stone her. Imaam al-Nawawi said concerning this hadeeth: “A pregnant woman should not be stoned until she gives birth, whether her pregnancy is the result of zina or otherwise. This is agreed upon, lest her foetus be killed. The same applies if her hadd punishment is flogging; a pregnant woman should not be flogged, according to consensus, until she has given birth.” (Saheeh Muslim bi Sharh al-Nawawi, 11/202) 

This incident shows us the extent to which Islam is concerned with the foetus, even if it is the result of zina: the Prophet (peace and blessings of Allaah be upon him) delayed the carrying out of the hadd punishment on the mother in order to save the life of the foetus. 

Can it be imagined that the Lawgiver would permit killing the foetuses by abortion in order to fulfil the wishes of those who follow their whims and desires? 

Furthermore, those who say that abortion is permitted within the first forty days of a legitimate pregnancy based their ijtihaad on a concession, like not fasting in Ramadaan for those who have valid excuses, or shortening the four-rak’ah prayers whilst travelling, but it is stated in sharee’ah that concessions cannot be connected to sins.  

Imaam al-Quraafi said: “With regard to sins, they cannot be taken as reasons for concessions. Hence one who is travelling for the purpose of sin cannot shorten his prayers or break his fast, because the reason for doing these is travelling, but in this case the reason for travelling is to commit sin, so the concession does not apply, because granting a concession on the basis of sin will encourage people to sin further.” (al-Furooq, 2/33) 

Similarly, the basic principles of Islamic sharee’ah do not give the same concessions to a woman who is pregnant as a result of zinaa as are given to a woman who is pregnant as a result of proper marriage, lest that help her in her sin, and it does not make it easy for her to get rid of the results of her evil actions. 

In addition, the foetus in the case of zinaa has no guardian, because according to sharee’ah the title of father can only be given to the one who has a child from a woman in a proper marriage. This is part of the meaning of the hadeeth: “The child goes to the owner of the bed and the adulterer gets nothing but the stones (despair, i.e. to be stoned to death).” (Narrated by al-Bukhaari and Muslim). The guardian of the foetus in such cases is the sultan or ruler – the one who is in charge of the Muslims’ affairs – for he is the guardian of those who have no guardian. The way in which the ruler disposes of people’s affairs is based on the interests of the people, and there is no interest to be served in destroying the soul of the foetus in order to preserve the mother’s interests, because that would involve encouraging her and others to persist in this evil action. 

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His friend became an atheist then he died. Can he offer the funeral prayer for him and say du’aa’ for him?

A friend of mine who died a few days ago was born to a muslim family and raised as a muslim but the last few years he has been a non-muslim, i.e. claiming himself to be an atheist and not believing in our religion at all. We have had verbal fights about this as well. I was wondering if it's ok to pray for him and go to his funeral since his family is having an islamic funeral. Please let me know as soon as possible. Thank you for your advice in advance.

Praise be to Allaah.

If the matter is as you describe, and your friend became an atheist and did not believe in Islam, and he died in that state, as appears to be the case, then it is not permissible for the one who knew his situation to offer the funeral prayer for him or to say du’aa’ for him, or to wash him or shroud him or bury him in the Muslim graveyard, because Allaah says (interpretation of the meaning):

“It is not (proper) for the Prophet and those who believe to ask Allaah’s forgiveness for the Mushrikoon, even though they be of kin, after it has become clear to them that they are the dwellers of the Fire (because they died in a state of disbelief)”

[al-Tawbah 9:113]

“And never (O Muhammad صلى الله عليه وسلم) pray (funeral prayer) for any of them (hypocrites) who dies, nor stand at his grave. Certainly they disbelieved in Allaah and His Messenger, and died while they were Faasiqoon (rebellious, — disobedient to Allaah and His Messenger صلى الله عليه وسلم)”

[al-Tawbah 9:84]. 

Muslim (976) narrated that Abu Hurayrah said: The messenger of Allaah (blessings and peace of Allaah be upon him) said: “I asked my Lord for permission to pray for forgiveness for my mother but He did not give me permission. And I asked Him for permission to visit her grave and He gave me permission.” 

This is evidence that it is not permissible to say du’aa’ for one who died in a state of shirk or kufr. 

See also question number 7869 and 7867. 

And Allaah knows best.

It is permissible for a woman to mourn for someone other than her husband for three days

I heard one of the scholars say that someone other than the wife is permitted to refrain from adorning herself and wearing her best clothes for three days in mourning for the deceased. How correct is this opinion?.

Praise be to Allaah.

This is correct, and it is mentioned in a saheeh hadeeth, in which the Prophet (blessings and peace of Allaah be upon him) said: “A woman should not mourn for one who has died for more than three days, except for a husband, four months and ten days.” Saheeh – agreed upon. End quote.

Offering the funeral prayer over the grave when visiting it

Is it permissible for me to offer the funeral prayer over my father's grave when visiting it, seeking mercy for him? If the deceased bequeathed a Mushaf, will he get reward when his children read it?.

Praise be to Allaah.

If you already offered the funeral prayer for your father with the people, there is no need to repeat the prayer; rather you should visit his grave and offer supplication for him only; you should go to the graveyard and greet the occupants of the graves with salaam, and offer supplication for them and for your father, as the Prophet (blessings and peace of Allah be upon him) said: “Visit the graves, for they will remind you of the Hereafter.” 

The Prophet (blessings and peace of Allah be upon him) used to teach his Companions, when they visited graves, to say: Al-salaamu ‘alaykum ahl il-diyaar min al- Muslimeen wa’l-mu’mineen, wa innaa in sha Allaah bikum laahiqoon, yarham Allaah al-mustaqdimeena minna wa’l-musta’khireen, nas’al Allaah lana wa lakum al-‘aafiyah (Peace be upon you, O occupants of the graves, Muslims and believers. Verily we will, in sha Allaah, join you. May Allaah have mercy upon those who have gone ahead of us and those who will come later on. We ask Allaah for well-being for us and for you).” This is the Sunnah. 

So you may greet the occupants of the graves and your father, and pray (du‘aa’) for forgiveness and mercy for him; there is no need to offer the funeral prayer. This applies if you did offer the funeral prayer for him. 

But if you did not offer the funeral prayer for him with the people, you may go to his grave and offer the funeral prayer for him within one month or less, if it is one month or less since he died. But if a long time has passed, one should not offer the funeral prayer, according to a number of scholars. Supplication (du‘aa’), praying for forgiveness for your father, asking for mercy for him and giving charity on his behalf are all acts that will benefit the deceased, whether he is a father or anyone else. 

With regard to the Mushaf that the deceased left behind, it will benefit him if he left it as a waqf (endowment), as the reward for it will benefit him. Similarly if he gave as a waqf books of beneficial knowledge, Islamic knowledge or any permissible branch of knowledge or science from which the people can benefit, he would be rewarded for that, because it is helping in something good. Another example is if he left some land or a house or a shop as a waqf, for charity to be given to the poor or donated to the mosque by its income. For all of these things he would be rewarded. The Prophet (blessings and peace of Allah be upon him) said according to the saheeh hadeeth: “When a man dies, all his good deeds come to an end except three: ongoing charity, beneficial knowledge, and a righteous son who will pray for him.”  

Ongoing charity will benefit the deceased if he was a Muslim, and he will also be benefited by the supplication of his children and others, and by the waqf that he set up for charitable purposes such as a house, land, a shop, date palms and so on. He will benefit from this waqf if people benefit from it, if they eat from its income and benefit from its income, or its income is spent on maintaining and furnishing mosques for the Muslims. End quote. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allah have mercy on him).

Is it permissible to be paid for washing the deceased?

An imam ask the widow to pay 5 hundred dollars for having someone wash and prepare the body of her husband. is this legal and proper?.

Praise be to Allaah.

Washing a Muslim who has died is an act of worship that Allaah has enjoined on the Muslims, so it should be done with the aim of seeking reward and seeking the pleasure of Allaah. 

If the family of the deceased give him some money without him stipulating that, there is nothing wrong with him accepting it. 

But if the person who washes the dead stipulates that he will not wash the deceased unless he is paid a certain amount of money, that is permissible but it will detract from his reward with Allaah. 

It says in Kashshaaf al-Qinaa’ (2/86): 

It is makrooh to take payment for washing, shrouding, carrying and burying the deceased. It says in al-Mubdi’: Ahmad regarded it as makrooh for the one who washes the deceased or digs the grave to receive payment for his work unless he is in need, in which case he may be given from the bayt al-maal. If that is not possible he may be paid according to his work. End quote. 

Shaykh Ibn ‘Uthaymeen was asked: Is it permissible to take payment in return for washing and shrouding the dead? 

He replied: 

if this payment or gift is given without being stipulated, there is no doubt that it is permissible and there is nothing wrong with that, because it is given to the one who washed and shrouded the deceased person in return for his work. The Prophet (blessings and peace of Allaah be upon him) said “Whoever does you a favour, reciprocate.” 

But if this payment is stipulated, then undoubtedly it detracts from the reward of the one who washes and shrouds the deceased, because the one who washes and shrouds the deceased attains a great reward, as washing and shrouding the dead is a communal obligation (fard kifaayah); so the one who washes and shrouds the dead attains the reward of a communal obligation. But if he takes payment for that, then his reward will be diminished. But there is nothing wrong with him taking payment for that, because this payment is in return for work done for another, and in the case of such work it is permissible to accept payment for it, just as it is permissible to accept payment for teaching Qur'aan, according to the correct view. End quote. 

Fataawa Noor ‘ala al-Darb, 7/36. 

The scholars of the Standing Committee for Issuing Fatwas were asked: What is the ruling on receiving payment for washing the dead, whether that payment was stipulated or not? 

They replied: 

It is permissible, but it is better to do it voluntarily if possible. And Allaah is the source of strength; may Allaah send blessings and peace upon our Prophet Muhammad and his family and Companions. End quote. 

Fataawa al-Lajnah al-Daa’imah, 15/112 

Shaykh ‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, Shaykh ‘Abd al-Razzaaq ‘Afeefi, Shaykh ‘Abd-Allaah ibn Ghadyaan, Shaykh ‘Abd-Allaah ibn Qa’ood 

The payment that is stipulated by the one who washes the dead should be commensurate with his work, without any exaggeration or taking advantage.  

And Allaah knows best.

It is haraam to bury the dead inside mosques

What is the ruling on burying the dead inside mosques?.

Praise be to Allaah.

The Prophet (blessings and peace of Allah be upon him) forbade burying people in the mosque and building mosque over graves; he also cursed those who do that. That was when he was on his deathbed and warned his ummah. He (blessings and peace of Allah be upon him) stated that this was the action of the Jews and Christians and it was also a means that leads to associating others with Allah, because building mosque over graves and burying the dead inside mosques leads to associating the occupants of these graves in worship with Allah, may He be glorified and exalted, because people may come to believe that the occupants of these graves who are buried inside the mosque can bring benefit or cause harm, or that they have some special status which mean that people should seek to draw close to them by doing acts of worship and obedience to them instead of Allah, many He be glorified and exalted. 

The Muslims must beware of this dangerous phenomenon and ensure that the mosques are free of graves and are established on the basis of Tawheed and sound belief. Allah says (interpretation of the meaning): “And the mosques are for Allaah (Alone), so invoke not anyone along with Allaah” [al-Jinn 72:18]. 

The mosque should be for Allah alone, may He be glorified and exalted, and free of any manifestations of shirk, places where Allah alone is worshipped with no partner or associate. This is what is required of the Muslims. And Allah is the source of strength. End quote. 

Shaykh Muhammad ibn ‘Uthaymeen (may Allah have mercy on him). 

Fataawa al-‘Aqeedah, p. 26. 

For more information please see the answer to question number 120214 

And Allah knows best.

Ruling on husband and wife playing while fasting

I have a question concerning fasting, during the fast is it permissable to say I love u to a husband, My husband asked me to say it during fast and I said to him that it is not permissable, he said it is allowed?

Praise be to Allaah.  

There is nothing wrong with a man playing with his wife, or a wife with her husband, by saying words while fasting, on the condition that there is no danger of either of them climaxing. If there is the danger that they may reach climax, as in the case of one who has strong desires and who fears that if he plays with his wife his fast may be broken by his ejaculating, then it is not permissible for him to do that, because he is exposing his fast to the risk of being broken. The same applies if he fears that he may emit prostatic fluid (madhiy). (al-Sharh al-Mumti’, 6/390). 

The evidence that it is permissible to kiss and play with one’s wife, if one is sure that there is no risk of reaching climax, is the report narrated by al-Bukhaari (1927) and Muslim (1106) from ‘Aa’ishah (may Allaah be pleased with her) who said: “The Prophet (peace and blessings of Allaah be upon him) used to kiss and touch (his wives) while he was fasting, and he was the most in control of his desires.’” In Saheeh Muslim (1108) it is narrated from ‘Amr ibn Salamah that he asked the Messenger of Allaah (peace and blessings of Allaah be upon him), “Can a fasting person kiss (his wife)?” The Messenger of Allaah (peace and blessings of Allaah be upon him) said, “Ask her” – meaning Umm Salamah – and she told him that the Messenger of Allaah (peace and blessings of Allaah be upon him) used to do that. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: “With regard to things other than kissing that may lead to intercourse, such as embracing and the like, we say that the ruling on them is the same as the ruling on kissing, and there is no difference between them.” (al-Sharh al-Mumti’, 6/434). 

Based on the above, your simply saying to your husband, “I love you,” or his saying that to you, does not affect your fast. And Allaah knows best.

Speaking to one’s fiancée over the phone when fasting

can one be fasting and be talking to her fiancé over the phone?

Praise be to Allaah.  

There are guidelines that have to do with speaking to one’s fiancée, details of which may be found in Question no. 13791. 

If these guidelines are met, especially the stipulation that there be no risk of provoking desire and if there is a need to speak to her, then it is permissible. But if any of these guidelines is not met then talking to her becomes something that is not allowed according to sharee’ah. If you talk to her and one of these guidelines is not met whilst you are fasting, this is going to affect your fast. In this case it is worse and a more serious sin, because it is happening at a time of virtue, and because the one who is fasting has to protect his fast from anything that may spoil it or affect it.

His tooth was giving him pain so he broke the fast

I went to a dentist when I was fasting to have my tooth treated, and the dentist said that he had to pull the tooth out, and that caused me pain, so I broke my fast. What should I do now? Please advise me, may Allaah reward you.

Praise be to Allaah.

It is permissible for a fasting person to have fillings or have teeth extracted, even if the site has to be anaesthetized, and that does not affect his fast so long as he is careful to avoid swallowing anything such as medicine or blood. See the answer to question no. 13767. 

It is not permissible for him to break his fast unless the pain is too much for him and he needs to take medicine for that, or he is bleeding too much and has become weak as a result. 

Based on this, if you broke your fast just because of having a tooth pulled, then you made a mistake, and you have to repent to Allaah and make up that day. 

And Allaah knows best.

Anaesthetic does not break the fast

Does anaesthetic break the fast?.

Praise be to Allaah.

Local anaesthetic does not break the fast, because it is not food or drink, and is not equivalent to them. 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: With regard to anaesthetic which is applied to a tooth during the day in Ramadaan – do I have to make up that day if I have this anaesthetic? 

He replied: No, because anaesthesia does not break the fast. A local anaesthetic only affects the place where it is given, it does not reach the stomach. So if a person is given an anaesthetic when he is observing a naafil or obligatory fast, his fast is still valid. End quote from Fataawa Noor ‘ala ‘l-Darb. 

See also: Fataawa al-Shaykh Ibn Baaz (15/259). 

But if it is a general anaesthetic that leads to unconsciousness that lasts all day, then the fast must be made up. 

Ibn Qudaamah (may Allaah have mercy on him) said: If a person loses consciousness for the entire day and does not wake up for any part of it, then his fast is not valid. This is the view of our imam and of al-Shaafa’i. 

Then he said: If the one who lost consciousness wakes up for part of the day, then his fast is valid, whether it was at the beginning or the end of the day. End quote from al-Mughni (3/12). 

Based on this, if the fasting person is given an anaesthetic whilst fasting, then his fast is valid and it is not invalidated by that. But if he was given the anaesthetic before Fajr, and he remained asleep under the influence of the anaesthetic until the sun set, then his fast on that day is not valid.

Ruling on nicotine patches

Is it permissible to use what is known as a "Nicotine Patch" to help me quit the evil habit. Does the "Nicotine Patch" affect your prayer? Does te Nicotine Patch" affect your fasting?.

Praise be to Allaah.

Firstly: 

Nicotine is a natural substance which is alkaline and toxic. It is regarded as one of the most dangerous of harmful substances to be found in tobacco, and it is the substance that causes addiction in smokers. Hence scientists have tried hard to come up with alternatives that will help the smoker to rid himself of the harmful addiction to nicotine by manufacturing a lighter version of nicotine in the form of pills, chewing gum or sticks like cigarettes, or patches containing varying amounts of nicotine, to introduce the smoker gradually to alternatives, so that he will be able to stop smoking for the longest possible period, without having to face the effects of withdrawal that would result from stopping smoking suddenly, which usually makes the smoker go back to smoking in order to free himself from these withdrawal symptoms. 

Secondly: 

The nicotine patch is like a sticker which releases nicotine in the form of a gel which is absorbed by the skin, and the nicotine then passes via the capillaries into the bloodstream, and helps the smoker to avoid withdrawal symptoms. There are three types of nicotine patches, based on the strength of their effects, 5 mg, 10 mg and 15 mg. The patch is usually applied to the upper arm, where it remains for 16 hours of the day, and it is not used when sleeping. There may be some harmful side effects such as irregular heartbeat, nausea and overall weakness. 

Thirdly: 

With regard to the ruling on using it, it is permissible in sha Allaah, but if it leads to harmful effects then it is not permissible in that case. It depends on the advice of a trustworthy doctor. 

If a person uses them whilst fasting, that does not affect his fast. 

It says in a statement of the Islamic Fiqh Council (no. 93): 

The following things are not regarded as breaking the fast … among which they listed: 

Whatever enters the body through the skin, such as creams, ointments and skin patches containing medicines or chemicals. End quote. 

Shaykh Muhammad ibn Saalih al-Uthaymeen (may Allaah have mercy on him) was asked: 

Some pharmacies sell medical patches which are placed on the body and give the body what it needs of nicotine for twenty-four hours, as a step towards giving up smoking. 

My question is: If it is put on at night for twenty-four hours, then another one is put on, is a person breaking the fast in Ramadaan if he uses that? 

He replied: 

He is not breaking the fast in Ramadaan, and he may use them. In fact it may be obligatory for him to use them if this is a way of stopping smoking. There is nothing wrong with a person giving up something haraam gradually, because when Allaah wanted to forbid alcohol, He did not forbid it outright in one go, rather He did it gradually. He permitted it at first, then He pointed out that its harmful effects were greater (than any benefits), then He forbade it at some times, then He forbade it altogether. These four stages were as follows: 

1-

He permitted it in the verse (interpretation of the meaning): 

“And from the fruits of date palms and grapes, you derive strong drink and a goodly provision”

[al-Nahl 16:67] 

This is in the context of reminding them of His blessings, so it was permitted.  

2-

He hinted that it was forbidden in the verse (interpretation of the meaning):  

“They ask you (O Muhammad صلى الله عليه وسلم) concerning alcoholic drink and gambling. Say: ‘In them is a great sin, and (some) benefits for men, but the sin of them is greater than their benefit’”

[al-Baqarah 2:219] 

3-

He forbade it at certain times: 

“O you who believe! Approach not As‑Salaah (the prayer) when you are in a drunken state”

[al-Nisa’ 4:43] 

This means that one should not drink when one is going to pray.  

4-

He forbade it altogether in the verse (interpretation of the meaning): 

“O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al‑Ansaab (stone altars for sacrifices to idols etc), and Al‑Azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful”

[al-Maa'idah 5:90]. 

When the prohibition on alcohol was revealed, the vessels of the Sahaabah were full of wine, but they took them out into the marketplace and emptied them out. Glory be to Allaah, what is the difference between us and them? The difference between us and them in following commands is like the difference between their time and our time.  They did not hesitate; they did not say we will drink up what is left in the vessels. Not at all. They were drinking together, and they went and poured it out in the marketplaces. They gave it up altogether, and they did not say: We are accustomed to this, or any such thing. No, they gave it up altogether, because they had the resolve that made it easy for them to face hardships. 

Al-Jalasaat al-Ramadaaniyyah (1415 AH, 1/question no. 10). 

Fourthly: 

There is nothing wrong with praying with the patch on one's body, because it does not contain any impurity (najaasah) that could affect the validity of his prayer. It is also placed on the upper arm, which is a part of the body that does not need to be washed when doing wudoo’. 

But it must be removed if one wants to do ghusl from janaabah. 

We ask Allaah to help you to give up this filthy haraam habit. 

And Allaah knows best.