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HEAVY WORKERS CAN NOT FASTING?

HEAVY WORKERS CAN NOT FASTING? 



By: Ahmad Syahrin Thoriq
This noble Shari'a will always be in harmony with the nature of human life. That is why of all religious obligations, there will always be an excuse that allows someone to get relief from doing it, including in terms of the obligation to fast in the month of Ramadan. 

Among the excuses for someone not fasting who can then be made up or paid fidyah instead are sick conditions, travelers, pregnant or lactating women and people who are old and old. 
Then what about the situation being asked, namely someone who works hard jobs such as construction workers or manual laborers who are under the hot sun all the time, can they not fast? 

The scholars argue that legally this is not an excuse for not fasting. A person who works hard must still intend to fast every day. Only when he finds burdensome fatigue can he break his fast. But if not, he is still obliged to fulfill his fast. 

𝟭. 𝗙𝗮𝘁𝘄𝗮 𝗦𝘆𝗮𝗳𝗶’𝗶𝘆𝘆𝗮𝗵
Al Imam Al Adzhra'i Rahimahullah said:
Prophet Muhammad SAW. 
“Farmers and others like that should set the intention of fasting every night, then if during the day while fasting he experiences severe difficulties, he may not fast. But if you don't experience difficulties, then you can't break your fast."[1]
Shaykh Ba'alawi al Hadrami asy Syafi'i Rahimahullah said:
ويلزم أهل ‌العمل ‌المشق في ‌رمضان كالحصادين ونحوهم تبييت النية، ثم مَنْ لحقه منهم مشقة شديدة .. أفطر، وإلا .. فلا.ولا فرق بين الأجير والغني وغيره، والمتبرع وإن وجد غيره وتأتى لهم العمل ليلاً
"Heavy workers such as farmers and others when in the month of Ramadan must intend to fast. If they find themselves very tired, they may break their fast. If not, then it is not allowed. This is not distinguished between unskilled laborers, people who are well off, or just hard workers who are volunteers. 
But if they find someone else who can take his place at work, or that work can be done at night, that's better for him.”[2]

𝟮. 𝗙𝗮𝘁𝘄𝗮 𝗛𝗮𝗻𝗮𝗳𝗶𝘆𝗮𝗵
Imam Ibn Abidin al Hanafi Rahimahullah said:
المحترف المحتاج إلى نفقته علم أنه لو اشتغل بحرفته يلحقه ضرر مبيح للفطر ‌يحرم ‌عليه ‌الفطر ‌قبل ‌أن ‌يمرض
"Workers who need a living who know that if he is busy with his work will be afflicted with harm, then he may break his fast. But he may not break his fast before feeling exhausted.”[3]
He further explained:
God bless you
“If he has something that is sufficient for himself and his family, then it is not lawful for him to break his fast. But it is also forbidden to ask other people (if he needs it). If so, breaking the fast is more important than begging.”[4]

𝟯. 𝗙𝗮𝘁𝘄𝗮 𝗛𝗮𝗻𝗮𝗯𝗶𝗹𝗮𝗵
Al Imam Buhuti al Hanbali Rahimahullah said:
من صنعته شاقة فإن خاف بالصوم تلفا أفطر ... إن ضره ترك الصنعة، فإن لم يضره تركها أثم بالفطر
“Whoever has a hard job and if he fasts will fall into perdition, then he may break his fast if he suffers harm if he leaves his job. If he does not suffer harm if he leaves his job, it is a sin if he breaks his fast.”[5]
It is also stated in this madhhab:
يجوز لصاحب العمل ‌الشاق أن يفطر إن خاف بالصوم تلفاً، ويتضرر إن ترك صنعته، وليس لديه ما ينفق منه...أما إن كان لا يتضرر بترك صنعته في ‌رمضان وعنده ما ينفق منه فعليه تركها والقيام بفرض الصيام
“It is permissible for a heavy worker to break his fast if he fears that he will fall into perdition if he insists on fasting and he will suffer harm if he leaves his job. 
Where he has no source of livelihood apart from him. As for if he does not suffer harm if he leaves his job in Ramadan and he has other sources of income. Then he must leave the job and uphold the obligation of fasting.”[6]

𝟰. 𝗙𝗮𝘁𝘄𝗮 𝗠𝗮𝗹𝗶𝗸𝗶𝘆𝗮𝗵
When Imam Malik was asked about people who were busy working until they were thirsty and hungry and then broke their fast, he answered:
God bless you
"It is not proper for someone to burden himself in taking care of work so that it makes him violate religious obligations and he burdens himself with it."[7]
It seems that the Maliki school of thought tends to be stricter than the fatwas of other madzhab scholars in this matter. Excepted according to this group are farmers who are in a condition where their crops are ready to be harvested, which if they leave them will cause damage to their assets, so they may break their fast if they feel tired while working during that harvest.[8]

𝗦𝗲𝗺𝘂𝗮 𝗮𝗱𝗮 𝘂𝗸𝘂𝗿𝗮𝗻𝗻𝘆𝗮
An emergency as mentioned causes a person to take waivers not to fast. As this is based on an ushul fiqh rule which states:
الضرورة تبيح المحظورات
"The state of emergency causes the permissibility of things that are prohibited."[9]
However, in order not to cause someone to fall into the attitude of taking religious orders for granted, then gradually admit to being old. 
Or vice versa, don't let yourself fall into destruction because you are burdened with an obligation, this is where the Shari'a then regulates the qadar of emergencies and excuses from worship. 
So that the other proposal rules stipulate:
الضرورات تقدر بقدرها

"Emergencies must be predicted based on their qadar."[10]
Al Imam Nawawi al Bantani Rahimahullah when mentioning sick excuses that allow not fasting, he gave an explanation then connected it with the emergency that we are discussing, he said the following:
فللمريض ثلاثة أحوال إن توهم ضررا يبيح التيمم كره له الصوم ...وإن تحقق الضرر المذكور أو غلب على ظنه أو انتهى به العذر إلى الهلاك أو ذهاب منفعة عضو حرم الصوم ... وإن كان المرض خفيفا بحيث لا يتوهم فيه ضررا يبيح التيمم حرم الفطر Help us
“The scholars divide the three states of a person who is sick. First, that is, a person who is sick with a category critical enough to allow him to do tayammum, then he is makruh to fast. 
Second, that is, a person who is critically ill or is suspected to be experiencing exhaustion to the point where it can cause him to lose his life or cause dysfunction of one of his organs, then in this condition the patient is prohibited from fasting. 
And thirdly, if the illness is only mild and if the condition is not serious enough to permit tayammum, the person who is unlawful breaks his fast and is of course obliged to fast as long as he is not worried that his illness will get worse. 
So the cases of sick people are similar to workers such as farm labourers, salt pond farmers, unskilled labourers, and people with professions like them (that is, there is a measure).”[11]
More or less the same statement was also given by Shaykh Ba'alawi al Hadrami asy Syafi'i Rahimahullah:
إن لم يتأت لهم ليلا، ولو توقف كسبه لنحو قوته المضطر إليه ... بل لزمه عند وجود المشقة الفطر، لكن بقدر الضرورة. God bless you
"But if he can't, he may break his fast with the reasons: (1) It is impossible for him to carry out his work activities at night, (2) When his income to meet his needs stops if he doesn't work. 
Those with the above conditions, if they work and then get exhausted, they are allowed to break their fast, of course based on an emergency situation. 
However, if there is only a slight headache or mild illness that is not a cause for concern, then there is no effect in this law (fasting is still obligatory).”[12]
Whereas in a contemporary fatwa such as from Lajnah Daimah Saudi Arabia states:
فإذا لم يتيسر له شيء من ذلك كله واضطر إلى مثل ما ذكر في السؤال من العمل الشاق صام حتى يحس بمبادئ الحرج فيتناول من الطعام والشراب ما يحول دون وقوعه في الحرج ثم يمسك وعليه القضاء في أيام يسهل عليه فيها الصيام
"So, if it is not possible to do any of the things that have been mentioned (find another job), so that he is really pressed and needs work as mentioned in the question, which is work that is burdensome, then he must remainfasting, until he feels critical signs (which harm him). 
Only if that is the case is he allowed to eat and drink as much as can prevent him from being critical and dangerous. Then he refrains (from eating and drinking), and it is obligatory for him to make up his fast in the days to come.”[13]

𝗬𝗮𝗻𝗴 𝗯𝗮𝘁𝗮𝗹 𝗽𝘂𝗮𝘀𝗮𝗻𝘆𝗮 𝘄𝗮𝗷𝗶𝗯 𝗶𝗺𝘀𝗮𝗸 𝘀𝗲𝘁𝗲𝗹𝗮𝗵𝗻𝘆𝗮
And for those who break their fast, he is ordered not to eat and drink as he pleases, let alone indulgence in public. Shaykh Al Jazairi Rahimahullah said:
من فسد صومه في أداء ‌رمضان وجب عليه الإمساك بقية اليوم تعظيماً لحرمة الشهر
“Whoever performs the obligatory fast of Ramadan and then breaks his fast, then it is obligatory for him to imsak (i.e. refrain from eating and drinking and all things that are prohibited during fasting) on ​​the remaining days. This is a form of glorification of this month.”[14]
There is quite a lengthy detail regarding the rules for continuing to refrain after the cancellation of fasting from eating and drinking, where the majority of scholars forbid it including a strong opinion in the Syafi'iyyah while some view it as something that is sunnah.[15]

𝗞𝗲𝘀𝗶𝗺𝗽𝘂𝗹𝗮𝗻
1. It is permissible for heavy workers not to fast under strict conditions, that is, they need the results to support their family where they cannot shift their work to other people or shift their time to evenings. 
2. The next condition is that he feels very tired if he continues to fast. 
3. He should eat and drink sufficiently so that he can return to work. Alias ​​not eating and drinking all day long even though you are not really hungry and thirsty. 
But if he then feels very thirsty or hungry again, he may return to eating and drinking according to his needs. 
4. For those who do not meet the age requirements, such as being able to transfer their work to another time or to another person and also not feeling tired, then they are still obliged to fast. 
Wallahu A'lam. 
_________
[1] Fath Mu'in p. 269
[2] Syarah al Muqadimah al Hadramiyah p. 559
[3] Hasyiah Ibn Abidin (2/420), Al Fatawa Hindiyya (1/208)
[4] Hasyiah Ibn Abidin (2/114)
[5] Kasyaf al Qina (2/310)
[6] Fiqh of Worship in the style of the Hanbali school of thought, p. 399
[7] Taj wal Iklil (2/395)
[8] Ibid
[9] Mawahib al Jalil (3/355)
[10] Qawaid al Fiqh p. 89
[11] Nihayatuz Zain p. 189
[12] Syarah al Muqadimah al Hadramiyah p. 559
[13] Lajnah Daimah (10/234-236)
[14] Fiqh 'Ala Madzhab al 'Arba'ah (1/519)
[15] Al Mausu'ah al Fiqhiyah al Kuwaitiyah (28/79)

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