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Section III: What is Mubah, Makruh, and Haram for the Fasting

Firstly: What is Makruh and Haram for the Fasting
1. Exaggeration in gurgling and sniffing up water
Being excessive in gurgling and sniffing up water is makruh for the fasting person. Ibn Qudamah has quoted consensus on this.
2. Continuous fasting
Continuous [812] Wisal is to continue fasting without breaking the fast from one day to the next, without eating or drinking anything between them. fasting over days is makruh. This is the position of the majority: Hanafis, Malikis, Hanbalis, a position among Shafi`is, and the majority of scholars.
3. Tasting food without a need
It is makruh to taste food unnecessarily, and this is by agreement of the four schools of jurisprudence.
4. Kissing
Kissing [813] Likewise the ruling of other sexual foreplay, its ruling is that of kissing. is haram for the fasting person if it leads him to intercourse or ejaculation. [814] If he feels safe from ejaculation and intercourse, kissing in this scenario is against what is best for the Shafi`is if it does not arouse him, and makruh if it does. It is makruh for the Malikis, even if certain he is safe from ejaculating. This is the position of the majority: Malikis, Shafi`is, and Hanbalis.
Secondly: What is Permissible for the Fasting
1. The junub delaying washing until after fajr
It is permissible for the junub to delay washing from major hadath until after fajr. Consensus has been quoted over this by: Ibn al-`Arabi, Ibn Qudamah, and Ibn Hajar.
2. The menstruating woman delaying her wash until after fajr
It is permissible for the menstruating woman once she stops bleeding to delay washing until after fajr. This is by agreement of the four schools of jurisprudence.
3. Gurgling and sniffing up water
It is permissible for the fasting person to gurgle and sniff up water without exaggeration. Consensus has been quoted over this by Ibn Taymiyyah.
4. The fasting person washing and cooling down with water
There is no problem with the fasting person washing and cooling down with water. This is by agreement of the four schools of jurisprudence.
5. Tasting food where there's a need
It is permissible for the fasting person to taste food for a need or a benefit, like checking how cooked it is, how salty it is, or testing it before buying it. This is as long as it is spat out after and the mouth is rinsed. This is the position of the majority: Hanafis, Shafi`is and Hanbalis.
6. Kissing and direct touching for the one who can control himself
Kissing and direct touching other than the private parts are permissible for the fasting person as long as they can control themselves. This is the position of the majority: Hanafis, Shafi`is, Hanbalis.
7. Smelling perfumes and general scents
It is permissible for the fasting person to perfume themselves and smell any scent. This is by agreement of the four schools of jurisprudence. [815] Malikis view it as makruh for the non-secluded fasting person, and Shafi`is view it as makruh to smell perfume for the fasting person generally.
- The ruling of inhaling incense
Scholars have differed over the ruling of inhaling incense for the fasting person according to two views:
The first: is that inhaling incense [816] Simply smelling it without inhaling it or deliberation does not break the fast. See: Majmu` Fatawa Ibn Baz (266/15), Majmu` Fatawa Ibn `Uthaymin (223/19). invalidates the fast. [817] Hanbalis did not explicitly mention the one who inhales incense and his ruling, but have stated that it is makruh for the fasting person to smell what may make him inhale to his throat, like incense, oud, or ambergris. They also hold the position of the person who deliberately inhales smoke as having broken his fast. This is the position of the Hanafis, Malikis, and the choice of Ibn `Uthaymin.
The second: is that inhaling incense does not invalidate the fast. This is the position of the Shafi`is, Ibn Hazm, and Ibn Taymiyyah.
8. The ruling of using the siwak
It is permissible for the fasting person to use siwak, regardless whether it is before or after the sun's zenith. This is the position of the Hanafis, the choice of Ibn Taymiyyah, Ibn al-Qayyim, al-Shawkani, Ibn Baz, al-Albani, Ibn `Urhaymin, and a group of scholars.
9. The ruling of using toothpaste
It is permissible for the fasting person to use toothpaste, though he must be careful of it reaching the throat. This is the position of Ibn Baz and Ibn `Uthaymin, and it is the verdict of the International Fiqh Academy.
10. Using kohl
It is permissible for the fasting person to use kohl. This is the position of the Hanafis, Shafi`is, the choice of Ibn Taymiyyah, al-Shawkani, Ibn Baz, Ibn `Uthaymin, and al-Albani.
11. Using eye drops
It is permissible for the fasting person to use eye drops. This is the position of the Hanafis, Shafi`is, and the choice of Ibn Baz and Ibn `Uthaymin.
12. Using ear drops
It is permissible for the fasting person to use ear drops. This is the position of Ibn Hazm, Ibn `Uthaymin, and Ibn Baz.



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