VII. Remaining in Janabat or Hayz or Nifas till Adhaan for Fajr Prayer
1628. If a person in Janabat does not take Ghusl intentionally, until the time of Adhaan for Fajr prayers, or if he is obliged to perform Tayammum and if he intentionally avoids it, if his fast is of the month of Ramadhan or in its Qadha his
fast will become void. Moreover, in other fasting, it is recommended that one should not remain in the condition of Janabat until Fajr.
1629. If a person in the month of Ramadhan does not take Ghusl or perform Tayammum until the time of Fajr prayers unintentionally, for an instance, if someone does not allow him to perform Ghusl or Tayammum, his fast is in order.
1630. If a person in the state of Janabat wants to keep the fast of Ramadhan or its Qadha, and does not perform Ghusl intentionally until the time left before Adhan is short, he has committed sin, and as per precautionary measure, he should perform Tayammum and observe the fast, and later observe the Qadha too, and in case of Muwassa’ (where there is no time limit) Qadha fast observed with Tayammum is void.
1631. If a person in Janabat in the month of Ramadhan forgets to take Ghusl and remembers it after one day, he should observe Qadha of that day. Moreover, if he remembers it after a number of days he should observe the Qadha of all those days, during which he is certain to have been in Janabat. For example, if he is not sure whether he was in Janabat for three days or four, he should observe the Qadha of three days.
1632. If a person, who does not have time to perform Ghusl or Tayammum in a night of Ramadhan gets into state of Janabat, his fast will be void and it will be obligatory upon him to perform its Qadha and give its Kaffarah as well. However, if he has time for Tayammum and then gets into the state of Janabat, he has sinned but it is obligatory for him to perform Tayammum and his fast is in order.
1633. If a person assumes that he has time for Ghusl, goes into state of Janabat and when he later learns that actually the time was short, whether he had investigated or not it is obligatory for him to performs Tayammum and fast, his fast will be in order.
1634. If a person, who is in Janabat during a night in Ramadhan and knows that if he goes to sleep he will not wake up till Fajr, he should not sleep before Ghusl and if he sleeps before Ghusl and does not wake up till Fajr, his fast is void, and Qadha and Kaffarah become obligatory on him.
1635. When a person in Janabat, who is not accustomed or certain about waking up before the Adhan for Fajr prayers as per obligatory precaution should not go to sleep before performing Ghusl. However, if he sleeps, whether it is his first sleep of the
night or second its rule is of intentionally remaining in Janabat until Fajr, he should perform its Qadha and give its Kaffarah as well.
1636. If a person on the night of Ramadhan is in Janabat, who is accustomed or certain about waking up before the time of Fajr prayers, it is permissible for him to sleep with the determination that he will do Ghusl upon waking up, and oversleeps with that determination until the time of Fajr prayers, his fast will be in order.
1637. If a person on the night of Ramadhan is in Janabat and is certain that if he sleeps he will wake up before the time of Fajr prayers but he is neglecting the fact that after waking up he would do Ghusl. If he oversleeps until the time of Fajr prayers, if it was his first sleep, his fast is in order, he neither has to give its Qadha nor Kaffarah and if it was his second or third sleep, only its Qadha is obligatory for him.
1638. If a person on the night of Ramadhan is in Janabat, who is sure that if he sleeps he will wake up before the time of Fajr prayers, but he does not intend to do Ghusl, or is undecided about it, and then if he sleeps and does not wake up his fast is void.
1639. If a person in the night of Ramadhan is in Janabat sleeps and wakes up and is certain that if he sleeps again, he will wake up before the time of Fajr prayers, with full determination to do Ghusl after waking up, and oversleeps until the time of Fajr, he should observe the Qadha of that day. Similarly, if he wakes up from his second sleep and goes to sleep for the third time and does not wake up until the time of Fajr prayers, it is obligatory on him to observe the Qadha and as per obligatory precaution, it is obligatory for him to give its Kaffarah as well.
1640. As per obligatory precaution, the sleep in which a person becomes Mohtalim will be reckoned as the first sleep. Then if he sleeps again after waking up, and he is accustomed about waking up, and is determined that he will perform Ghusl after waking up although he oversleeps until Adhan as per obligatory precaution he should perform its Qadha. If he wakes up again, and he is accustomed about waking up, and is determined about doing Ghusl after he wakes up and in case if he sleeps again and oversleeps till the Adhan, he should perform its Qadha, and as per recommended precaution he should give its Kaffarah as well.
1641. If a person observing fast becomes Mohtalim during daytime, it is not obligatory for him to do Ghusl at once.
1642. If a person wakes up after the Fajr prayers in the month of Ramadhan and finds that he has become Mohtalim, even though he knows that he became Mohtalim before the Fajr prayers, his fast is in order.
1643. A person who wants to observe the Qadha of Ramadhan, remains in Janabat until the time of Fajr prayers despite the fact that it was unintentional. If he has time, his fast is void. However, if he does not have time, as per obligatory precaution, he should fast on that day and for one more day after the month of Ramadhan in place of it.
1644. A person, who wants to observe the Qadha of Ramadhan, wakes up after the time of Fajr prayers and finds himself a Mohtalim, and knows that he became Mohtalim before the time of Adhan; if he has time for Qadha, for example, he has five Qadha fast of the month of Ramadhan and only five days are left for the month of Ramadhan, as per obligatory precaution, he should fast on that day. In addition, after Ramadhan he should fast for one more day in place of it. However, if he has time, his fast is void.
1645. If a person remains in Janabat, even though intentionally, until the time of Fajr prayers in an obligatory fast, except of those of Ramadhan and its Qadha; if the day is fixed, for example, he had vowed to fast on that day his fast is in order. However, the fast is like that of Kaffarah whose time is not fixed, as per recommended precaution, he should fast for one more day in addition to that day.
1646. If a woman becomes Pak from Hayz or Nifas before the time of Fajr prayers, and if she intentionally does not perform Ghusl - or in the case, her duty is to do Tayammum – intentionally does not perform it, her fast will be void.
1647. If a woman becomes Pak from Hayz or Nifas before the time of Fajr prayers and she has no time to do Ghusl, she should perform Tayammum if she wants to fast for an obligatory fast whose days are fixed like that of the month of Ramadhan, and as per the recommended precaution, she should stay awake until the Adhan for Fajr prayers. However, if she wants to keep a Mustahab fast or an obligatory fast whose days are not fixed like that of Kaffarah, she cannot fast with Tayammum.
1648. If a woman gets Pak from Hayz or Nifas just near the time of Fajr prayers, and has no time left for Ghusl or Tayammum, or after the Adhan realises that she became Pak, if the fast is like that of Ramadhan whose days are fixed, it is valid. However, if it is a Mustahab fast or a fast whose days are not fixed like that of Kaffarah, there is objection in its legitimacy.
1649. If a woman gets Pak from Hayz or Nifas after the Fajr or if Hayz or Nifas begins during the day although it was just near the Maghrib time, her fast is void.
1650. If a woman forgets to do Ghusl for Hayz or Nifas and remembers it after a day or more, as per recommended precaution, she should give its Qadha.
1651. If a woman gets Pak from Hayz or Nifas before the time of Adhan for Fajr prayers, but neglects her obligation and does not do Ghusl until Adhan, her fast is void. However, if she is not negligent, like when she waits for her turn in a public bath, then even if she sleeps three times without doing Ghusl until Adhan, and in the shortage of time does Tayammum or even if she cannot perform Tayammum, her fast will be valid.
1652. If a woman who is in a state of Istihadha, performs Ghusl according to the description which was previously mentioned in the rule no. 423 – 424, her fast will be in order.
1653. A person who has touched a dead body (i.e. has brought any part of his own body in contact with a dead body) can observe fast without having done Ghusl for touching a dead body, and even if he touches the dead body during the fast, his fast does not become void.