Does Unintentionally Drinking or Eating Invalidate Fast?
Answered by Shaykh Bassem Itani
Question
Does unintentionally swallowing water invalidate fasting, whether during ablution or otherwise, in Hanafi school?
Answer
All praise is due to Allah, Lord of the worlds, and blessings and peace be upon our master Muhammad, his Family, and all his Companions.
In the Hanafi school, fasting is invalidated by unintentionally swallowing water, whether during ablution or otherwise. One must abstain for the rest of the day in Ramadan and make up for this day. This is contrary to forgetfulness, which does not invalidate the fast.
One might find this ruling surprising in this matter and ask: Why isn’t the ruling for someone who makes a mistake the same as for someone who forgets since there is no difference between them? Indeed, it’s a valid and possible question. However, to clarify the difference between the two concepts, mistake, and forgetfulness, in this jurisprudential matter, we must explain and give an example for each:
Forgetfulness
Forgetfulness is not remembering something that was previously known with the intention of action. For example, eating or drinking while forgetting one’s fast means eating or drinking while in a state of not remembering one’s fast at all and intentionally eating and drinking. Forgetfulness does not invalidate the fast under any circumstances, whether it is an obligatory fast, a make up fast, a necessary fast, or a voluntary fast.
Mistake
It is remembering something but not intending the action, resulting in an unintended act. For example, someone performing ablution while fasting accidentally swallows water, meaning they swallowed the water while remembering they were fasting and not intending to swallow. However, it happened unintentionally and is considered an act of precedence. Therefore, a mistake invalidates the fast, whether it is obligatory, necessary, or voluntary. The difference between forgetfulness and making a mistake is that the forgetful person intends the act without remembering the fast. In contrast, the mistaken person remembers the fast but does not intend the act. [‘Ayni, al-Binaya Sharh al-Hidaya]
Different Rulings but No Sin
Forgetfulness and mistake share the ruling of lifting the sin from both the forgetful and the mistaken in eating and drinking during Ramadan; for example, according to the saying of the Prophet (Allah bless him and give him peace),
“Indeed, Allah has pardoned for my umma: mistakes, forgetfulness, and what they are forced to do.” [Ibn Maja]
However, they differ in the ruling regarding the invalidation of the fast or not. The fast is not invalidated by forgetfulness but is invalidated by a mistake. They appear similar outwardly as both involve breaking the abstention from food and drink, but the text specifies that the fast is not invalidated by forgetfulness according to the saying of the Prophet (Allah bless him and give him peace),
“If he forgets and eats and drinks, then let him complete his fast, for it is Allah who has fed him and given him drink.” [Bukhari]
No text specifies that the fast is not invalidated by mistake, so it remains in its original form of being invalidated but without sin. Islamic law has leniency and ease, considering forgetfulness as something common among people, hence excusable, unlike a mistake, which is rare, so it’s not appropriate to equate it with forgetfulness due to the difference between them. An important point is that forgetfulness is from Allah, hence the text, “It is Allah who has fed him and given him drink,” which is not mentioned for a mistake. [Zayla‘i, Tabyin al-Haqa’iq]
A beautiful benefit in the Hanafi school in this matter:
The distinction between the forgetful and the mistaken in ruling is very precise and holds profound wisdom. Forgetfulness is an uncontrollable incidental occurrence, unlike a mistake, an incidental occurrence that can be avoided with caution and precaution. This serves as a reminder to those who make mistakes that by breaching the form of fasting while remembering without intention, they should take full precaution to be fully aware of their actions to avoid mistakes that invalidate their fast. Since this caution did not occur from them, the obligation of making up the fast is confirmed due to the lack of precaution.
And Allah knows best and is the most Wise and the One Who inspires His creation.
[Shaykh] Bassem Itani.
Shaykh Dr. Bassem Hussayn Itani was born in Beirut, Lebanon, in 1965. He earned his Ph.D. in Islamic Studies in 2005. Among his mentors were Shaykh Muhammad Taha Sukkar, Shaykh Adib al-Kallas, Shaykh Mulla Abdul ‘Alim al-Zinki, Shaykh Abdul Rahman al-Shaghouri, Shaykh Abdul Razzaq al-Halabi, Shaykh Dr. Mustafa Dib al-Bugha, Shaykh Dr. Wahba al-Zuhayli, Dr. Muhammad al-Zuhayli, and others, may Allah have mercy on them all.
Shaykh Itani has a rich background in both academic and administrative fields. He has held significant positions in many governmental and non-governmental institutions in Lebanon and abroad. This includes his role as a member of the Academic Committee at SeekersGuidance and a senior teacher with the free online global seminary.
From 2020 to 2021, he served as the Dean of the College of Da‘wa – University for Islamic Studies (Lebanon) – Postgraduate Studies. He was the Director of Dar Iqra for Islamic Sciences from 1998 to 2018. Shaykh Itani is a well-versed teacher in several academic subjects, including Fiqh, Usul, Aqida, and Tafsir. He has supervised and examined numerous Master’s and Doctoral theses at various universities and colleges in Lebanon.
His contributions to Islamic sciences are also evident in his writings and research. His notable works include “The Relied-upon Statements of Imam Zufar in the Hanafi School,” “Collective Ijtihad: The Sublimity of Thought in the 21st Century,” and “Custom and its Impact in Islamic Jurisprudence.” Shaykh Itani has actively participated in numerous scientific conferences and seminars, both in Lebanon and internationally. He is linguistically adept, excelling in Arabic, proficient in French, and comfortably conversant in English.
