What is the ruling of Islamic Law on someone who wakes up in a state of janābah (major ritual impurity) near the very end of the prayer's designated time, during cold weather — should he heat water in order to perform ghusl, even though the prayer's time will expire as a result, or should he perform tayammum instead?
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
If the water is cold, and cannot be used due to fear of harm that is not ordinarily tolerable, or that would result in illness, then in this case it becomes obligatory to heat the water — even if heating it causes the time for Fajr to expire — and no sin is incurred in doing so, due to his valid excuse. He may not resort to tayammum (dry ablution) instead, since water remains available [and merely needs to be heated].
Imam Shihāb ad-Dīn Aḥmad ar-Ramlī (raḥimahullāh) said: "He was asked regarding a person who, if he were to use cold water, would experience harm that permits tayammum, and who has access to something with which he could heat the water — but if he heats it, the prayer's time will expire. Is it obligatory for him to heat it even if the time expires, or should he pray with tayammum within the prescribed time? He answered that it is obligatory for him to heat the water, even if the time for that particular obligatory prayer expires." [Fatāwā ar-Ramlī, Vol.1/P.98]
Imam al-Bājūrī (raḥimahullāh) said in his Ḥāshiyah on Sharḥ Ibn Qāsim (Vol.1/P.173): "And if he fears [harm] from using cold water, and is currently unable to heat it, but knows of a place where firewood is available, such that if he were to go there he would not return until after the prescribed time has expired — what appears [to be the correct position] is that it is obligatory for him to go and seek the firewood, even if the time expires as a result, as this is the position ultimately settled upon by ar-Ramlī, and as related from him by Ibn Qāsim." And Allah, the Exalted, knows best.
When does the time for the 'aqīqah lapse and pass?
All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the guardian was financially capable (mūsir) during the majority of the postnatal period (nifās) — which is sixty days — then the obligation of the 'aqīqah remains upon him until the child reaches the age of maturity (bulūgh). Once the child reaches maturity, the demand falls away from the father and those like him. At that point, it becomes Sunnah for the child himself to perform the 'aqīqah on his own behalf.
However, if the guardian was financially incapable (mu'sir) during the postnatal period, and then became financially capable after its expiry — that is, after sixty days — the 'aqīqah is no longer required of him. And Allah Almighty knows best.
What should a person do if they suffer from an incurable illness that prevents them from fasting?
A person who has an illness that is not expected to be cured and prevents them from fasting must feed a needy person one mudd (600 grams) of food (such as wheat or rice) for each missed day instead of fasting.
Allah Almighty says {what means}: "and [in such cases] it is incumbent upon those who can afford it to make sacrifice by feeding a needy person." [Al-Baqarah/184].
Is it permissible to fast the six days of Shawwal before making up for the missed fasts of Ramadan?
● If a person missed fasts due to a valid excuse, they may fast the six days of Shawwal before making up for Ramadan fasts, because qada (makeup fasts) in this case can be delayed, while the six days of Shawwal must be observed within Shawwal.
● However, if a person missed fasts without a valid excuse, they must make up for the missed fasts immediately after Eid, before fasting the six days of Shawwal. If they fast the six days first, it is valid, but they must still make up for the missed Ramadan fasts afterward.
It is also permissible to combine the intention of qada (makeup fasts) and the six days of Shawwal in one fast. However, it is better to fast them separately, as this increases the reward and avoids scholarly disagreement regarding combining intentions.
