From the Book, Introduction to the Tafseer of the Quran, by the Ameer of Hizb ut Tahrir, the eminent jurist and statesman, Ata Bin Khalil Abu Al-Rashtah:
يَا أَيُّهَا الَّذِينَ آمَنُوا كُتِبَ عَلَيْكُمْ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ * أَيَّامًا مَعْدُودَاتٍ فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ فَمَنْ تَطَوَّعَ خَيْرًا فَهُوَ خَيْرٌ لَهُ وَأَنْ تَصُومُوا خَيْرٌ لَكُمْ إِنْ كُنتُمْ تَعْلَمُونَ * شَهْرُ رَمَضَانَ الَّذِي أُنزِلَ فِيهِ الْقُرْآنُ هُدًى لِلنَّاسِ وَبَيِّنَاتٍ مِنْ الْهُدَى وَالْفُرْقَانِ فَمَنْ شَهِدَ مِنْكُمْ الشَّهْرَ فَلْيَصُمْهُ وَمَنْ كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ يُرِيدُ اللَّهُ بِكُمْ الْيُسْرَ وَلاَ يُرِيدُ بِكُمْ الْعُسْرَ وَلِتُكْمِلُوا الْعِدَّةَ وَلِتُكَبِّرُوا اللَّهَ عَلَى مَا هَدَاكُمْ وَلَعَلَّكُمْ تَشْكُرُونَ [البقرة: 183-185]
“O you who have believed, prescribed upon you is fasting as it was prescribed upon those before you that you may become righteous (183). [Fasting for] a limited number of days. So whoever among you is ill or on a journey [during them] – then an equal number of days [are to be made up]. And upon those who are able [to fast, but with hardship] – a ransom [as substitute] of feeding a poor person [each day]. And whoever volunteers excess – it is better for him. But to fast is best for you, if you only knew (184). The month of Ramadhan [is that] in which was revealed the Qur’an, a guidance for the people and clear proofs of guidance and criterion. So whoever sights [the new moon of] the month, let him fast it; and whoever is ill or on a journey – then an equal number of other days. Allah intends for you ease and does not intend for you hardship and [wants] for you to complete the period and to glorify Allah for that [to] which He has guided you; and perhaps you will be grateful.”
Allah (swt) makes clear in these verses what follows:
1- Allah (swt) has made Sawm (صوم Fasting) a Fard (فرض Obligation) for those who believe – The Muslim Ummah – just as He (swt) Obliged it for the previous nations. The similarity here is in the Obligation of fasting and neither its number of days nor its specified month. So the text is not about this matter rather its referring to the Obligation of fasting as it is in the verse, كُتِبَ عَلَيْكُمْ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِنْ قَبْلِكُمْ“O you who have believed, prescribed upon you is fasting as it was prescribed upon those before you.”
2- As to why fasting is an obligation in these verses is yet to follow:
A. كُتِبَ عَلَيْكُمْ الصِّيَامُ “Prescribed upon you is fasting…” This is Khabr ( خبر News) but in the Seeghat ut Talab (صيغة الطلب Form of Request, Imperative Case) i.e. “you must fast.”
B. The arrangement of Qadaa’ (قضاء Making Up) of Fast for the ill and the traveller is a Qareenah (قرينة Concatenation/Indicator) of its Jazm (جزم Decisiveness) in its Talab (طلب Request). If it was not a Talab Jaazim (طلب حازم Decisive Request) then there would not have been the arrangement of Qadaa.’ فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ “So whoever among you is ill or on a journey [during them] – then an equal number of days [are to be made up.” That is why the Request for Fasting is a Decisive Request and hence it is an Obligation.
C. Also the Ayah, فَمَنْ شَهِدَ مِنْكُمْ الشَّهْرَ فَلْيَصُمْهُ “So whoever sights [the new moon of] the month, let him fast it” is a Request for Fasting for the one who has sighted the month i.e. the locally resident, and the verse after it وَمَنْ كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ “and whoever is ill or on a journey – then an equal number of other days” is a Qareenah of its Decisiveness because the ill or traveller must make up their fasts if missed. This shows that it is a Decisive Request, meaning that Fasting is an Obligation.
D. These explanations are in terms of the Quran, as for the Sunnah there are many Ahadeeth. Amongst them is the Hadith of Umar Ibn Al Khattab who narrates the answer of RasulAllah ﷺ to Jibril (as) when he (as) asked about Islam. He ﷺ replied, «شهادة أن لا اله إلا الله وأن محمداً رسول الله، وإقام الصلاة المكتوبة، وإيتاء الزكاة، وصوم رمضان، وحج البيت من استطاع إليه سبيلاً» “Islam is that you should testify that there is no deity worthy of worship except Allah and that Muhammad is His Messenger ﷺ, that you should perform salah (ritual prayer), pay the zakah, fast during Ramadan, and perform Hajj to the House (the Ka`bah), if you can find a way to it (or find the means for making the journey to it).” [Tirmidhi, Muslim] The subject of the question was Islam and Islam is an obligation for every human being. Allah (swt) said, إنَّ الدِّينَ عِنْدَ اللَّهِ الإِسْلاَمُ “Indeed, the religion in the sight of Allah is Islam.” [Surah Aale Imraan 3:19]. Allah (swt) said, وَمَنْ يَبْتَغِ غَيْرَ الإِسْلاَمِ دِينًا فَلَنْ يُقْبَلَ مِنْهُ وَهُوَ فِي الآخِرَةِ مِنْ الْخَاسِرِينَ “And whoever desires other than Islam as religion – never will it be accepted from him, and he, in the Hereafter, will be among the losers.” [Surah Aale Imraan 3:85]. Fasting was mentioned in the answer of the RasulAllah ﷺ when informing Jibril (as) about Islam, which Evidences that it is a Fard (فرض Obligation), a great Obligation.
There is also a narration, «بني الإسلام على خمس: شهادة أن لا إله إلا الله وأنَّ محمداً رسول الله وإقام الصلاة وإيتاء الزكاة وصوم رمضان وحج البيت من استطاع إليه سبيلاً» “Islam has been built on five [pillars]: testifying that there is no god but Allah and that Muhammad is the Messenger of Allah ﷺ, performing the prayers, paying the Zakah, making the pilgrimage to the House, and Fasting in Ramadan.” [Bukhari, Muslim]. What is based on that is a concept which states the decisiveness in in the request. These five pillars appeared in the text to show Islam is built upon them i.e. they are from the pillars of Islam hence fasting is an obligation.
3- Allah (swt) has made a Hikmah (حكمة Wisdom) for Fasting and it is Taqwa (تقوى Piety). He (swt) said, لَعَلَّكُمْ تَتَّقُونَ “that you may become pious.” Taqwa is the fear of Allah, obedience of Him and preparation for meeting Him. Just as some Sahabah defined it as, الخوف من الجليل والعمل بالتنزيل والاستعداد ليوم الرحيل “Taqwa as being the ‘fear of Jaleel (Allah), acting upon the Tanzeel (Quran), being content with Qaleel (little), and preparing for the day of Raheel (journeying from this world).”
That is why it is upon the one who is Fasting to fulfill this Wisdom from his Fast because Allah (swt) has made Taqwa the Wisdom of fasting when He (swt) made it Obligatory.
So let one look towards his Fasting. Did it increase within him his Fear of Allah, obedience of Allah and His Messenger ﷺ and preparation for his meeting with Allah by doing many good deeds? In that way, it will be a sincere fast, with it one will ensure great and pure reward from the Lord of the Worlds, and righteous glad tidings from RasulAllah ﷺ. He ﷺ said in the Hadith Qudsi, «كلّ عمل ابن آدم له إلا الصوم فإنه لي وأنا اجزي به» “(Allah said) Every act of the son of Adam is for him except fasting. It is done for My sake, and I will give a reward for it.” [Bukhari, Muslim] He ﷺ said, «للصائم فرحتان: فرحة عند فطره، وأخرى عند لقائه ربه» “There are two joys for the fasting person: the joy when he breaks his fast, and the joy of when he meets his Lord.” [Bukhari, Muslim] As for the one who does not ensure this Wisdom of fasting, let him deal with this matter before the Day when there will not benefit anyone wealth or children, except he who comes to Allah with a sound heart.
4- أَيَّامًا مَعْدُودَاتٍ “A limited number of days” meaning a few days, the Arabs referred to ‘a few’ as ‘limited’. As like ‘a lot’ means unlimited. For instance, the Ayah, وَقَالُوا لَنْ تَمَسَّنَا النَّارُ إِلاَّ أَيَّامًا مَعْدُودَةً “And they say, “Never will the Fire touch us, except for a few days.” [Surah al-Baqarah 2:80], according to the claim of the Jews that it is a few days. And Allah (swt) said, وَشَرَوْهُ بِثَمَنٍ بَخْسٍ دَرَاهِمَ مَعْدُودَةٍ “And they sold him for a reduced price – a few dirhams.” [Surah Yusuf 10:20] i.e for a little price.
That’s why the verse أَيَّامًا مَعْدُودَاتٍ “A limited number of days,” means a few days, and the month of Ramadhan is twenty-nine or thirty days. RasulAllah ﷺ said,«الشهر تسعة وعشرون أو ثلاثون يوماً» “The month is twenty-nine days or thirty.” [Bukhari, Muslim]
5- After Allah (swt) made clear the Obligation of Fasting, He (swt) allowed those who are ill or travelling to keep their Fast or to break it. If they break their fast, they make it up on other days. This is for the ill person who is hoping to be cured and he can fast or break the Fast. This Rukhsa (رخصة Concession) is also for the traveller and he can fast or break the Fast. Allah (swt) has permitted for them to break their Fast, if they wish and make up their missed days after their illness or travel.
As for sickness, it is known. As for Safar (سفر Travel), it is the Shar’i Safar during which Salah (صلاة Prayer) is shortened. Its estimation was transmitted from the sahabah, such as when Ibn Abbas (ra) was asked about the Safar wherein Salah is shortened. He said, من عسفان للطائف أو جدة للطائف “From Asfaan to Taa’if or from Jeddah to Taa’if.” [Muwatta, Imam Malik] And as for that which came in other texts, ثلاثة فراسخ والفرسخ أربعة برد “Three faraasikh and a farsakh is four burud” [Muslim, Abu Daud]. Its estimation of distance in our day is roughly 90 km.
6- وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ “And upon those who are able [to fast, but with hardship] – a Fidyah (فدية Ransom) [as substitute] of feeding a poor person [each day].” After Allah (swt) made clear the Obligation of Fasting and that is أَيَّامًا مَعْدُودَاتٍ “A limited number of days” – the month of Ramadhan – Allah (swt) mentioned those who are not Qadir (قادر Capable) of Fasting, either temporarily or permanently.
A. فَمَنْ كَانَ مِنْكُمْ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ “So whoever among you is ill or on a journey [during them] – then an equal number of days [are to be made up] later.” For those who are not capable of Fast, temporarily.
B. وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ “And upon those who are able [to fast, but with hardship] – a Fidyah (فدية Ransom) [as substitute] of feeding a poor person [each day].” For those who are not capable of Fast, permanently.
يطيقونه “enduring it (fast) with hardship” has two meanings: those who fast with Wusa’ (وسع Ability) and those who fast with exhaustion of exertion and strength.
If it was with the first meaning, then the ayah means, “a Khitaab (خطاب Address) for the Muslims to fast the month of Ramadhan. If they were ill or travelling then they can either fast or break the Fast and make them up on other days. Or if they have ability to fast, they can break the Fast and pay the Fidyah for each day they don’t fast.” With this meaning, the Address is not maintained, because at the beginning the Address is an Order for Muslims to fast and then in this Ayah the Address is an Order to break the Fast and to pay Fidyah, and all of this is for the one who has the Ability to Fast. So, it is clear here that the Address is not maintained, if we considered the meaning of يُطِيقُونَهُ as being able to fast. This is because Wusa’ and IstiTaa’ah (استطاعة Capability) are linked to the same Evidencing. The Evidencing is the verse لاَ يُكَلِّفُ اللَّهُ نَفْسًا إِلاَّ وُسْعَهَا “Allah doesn’t burden a soul more than it has ability to bear.” [Surah al-Baqarah 2:286] and the Hadith «ما أمرتكم بأمر فأتوا منه ما استطعتم» “Do what I command you to the best of your capability.” [Bukhari, Muslim]
As for the second meaning for يُطِيقُونَهُ that they Fast with exhaustion of exertion and strength of effort meaning utter exhaustion, then the Address is maintaining because the meaning then becomes: “O believers Fast the month of Ramadhan, if you have the capability and if you’re ill or travelling then make them up on other days. And if you are not capable to Fast except with utter exhaustion – like the old weak man or the old weak woman or the ill who has no hope of being cured – then let break the Fast and pay Fidyah.”
With this meaning, the Address is maintained: the Order of Fasting is for the one who is able, with Rukhsah (رخصة Concession) for those who are ill or travelling to make them up again. However, as for the weak, elderly and ill without hope of cure, they do not Fast but pay Fidyah.
There are those who say that at the beginning of Islam, Fasting was for those who had capability was a choice. So, if the one who is capable to Fast wanted he would fast and if he wanted to break the Fast, he would break it and then pay the Fidyah. This is copied by the following verse فَمَنْ شَهِدَ مِنْكُمْ الشَّهْرَ فَلْيَصُمْهُ “…So whoever sights [the new moon of] the month, let him Fast it…” However, the words of those who say that and the narrations on which they are based are all probable, because it is not based on the saying because a Nass (نص Text) does not Abrogate another except if the conditions of Naskh (نسخ Abrogation) are met. One of the conditions is the impossibility of combining. And here, it is not impossible and so it what we have said is more likely i.e. that the Obligation of fasting was not abrogated and from the very beginning, it was a Muhkam (محكم Arbitrating) Text. The obligation is upon the locally resident who are able to fast with a Concession for the ill and the traveller to break their fast and then make them up, and for the very old and the sick who have no hope of cure, breaking Fast and payment of Fidyah. And this is what the noble verse Evidences.
This is confirmed by what was narrated from Ibn Abbas with this meaning and the absence of abrogation, as narrated by al-Bukhaari, Abu Dawood and others, قال ابن عباس ليست منسوخة هو الشيخ الكبير والمرأة الكبيرة لا يستطيعان أن يصوما فيطعمان مكان كلّ يوم مسكينا “Ibn `Abbas said, ‘This Verse is not abrogated, but it is meant for old men and old women who have no strength to fast, so they should feed one poor person for each day of fasting (instead of fasting).’”
7- فَمَنْ تَطَوَّعَ خَيْرًا فَهُوَ خَيْرٌ لَهُ “…And whoever volunteers excess – it is better for him…” which is after the Speech of Allah (swt) وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ “…. And upon those who are able [to fast, but with hardship] – a Fidyah [as substitute] of feeding a poor person [each day]…” In this verse there is a Dalalah (دلالة Evidencing) that the one who took out more than the Fidyah required for each day of his breaking Fast, it is better for him and closer to Allah (swt).
As for the amount of Fidyah for each day from his breaking the Fast, that is the amount which is sufficient to feed the poor becauseطَعَامُ مِسْكِينٍ “feeding a poor person” is a substitute for فِدْيَةٌ “Fidyah”. Therefore this is the amount needed to feed a poor person daily for each day of his breaking Fast and the amount of food is the estimated food needed at its time in a day that normally suffices.
8- وَأَنْ تَصُومُوا خَيْرٌ لَكُمْ إِنْ كُنتُمْ تَعْلَمُونَ “But to fast is best for you, if you only knew.” This means that a person who is permitted to break his fast, such as a traveller, a ill person or a person who it is for him to fast and break his fast, it is better for him to fast if his illness or travel is not difficult for him and he can undertake the fast without hardship. However if his fast is exhausting for him during his illness or travel, then breaking it is better. As stated in the Hadith, RasulAllah ﷺ saw a man who had been put in the shade and saw a crowd of people around him (in the course of a journey). He ﷺ said, «ما هذا؟» “What is this?” They replied: “One who is Fasting”. He said, «ليس من البر الصيام في السفر» “It is not an act of righteousness to fast while traveling.” [Bukhari, Muslim] and in another narration «ليس من البر الصيام في السفر، عليكم برخصة الله عز وجل فاقبلوها» “It is not an act of righteousness to fast while traveling. Take to the Rukhsah (رخصة Concession) which Allah, the mighty and sublime, has granted you, accept it.” (Narrated by al-Nasa’i). It is a reminder here that the acceptance of the Concession in this situation means that it is AfDal (أفضل Better).
9- Allah (swt) had distinguished the month of Ramadan by initiating the Revelation of the Qur’an within it شَهْرُ رَمَضَانَ الَّذِي أُنزِلَ فِيهِ الْقُرْآنُ“The month of Ramadan [is that] in which was revealed the Qur’an…” إِنَّا أَنزَلْنَاهُ فِي لَيْلَةِ الْقَدْرِ “Indeed, We sent the Qur’an down during the Night of Decree.” (Surah al-Qadr 97:1) إِنَّا أَنزَلْنَاهُ فِي لَيْلَةٍ مُبَارَكَةٍ “Indeed, We sent it down during a blessed night. Indeed, We were to warn [mankind].” (Surah ad-Dukhan 44:3). All this indicates that the Qur’an began to be Revealed to RasulAllah ﷺ on a night from the nights of Ramadan, the Blessed Night, the Layatul Qadr (ليلة القدر Night of Decree), then Allah (swt) completed its Revelation at intervals, for a wisdom that Allah (swt) clarified,وَقَالَ الَّذِينَ كَفَرُوا لَوْلاَ نُزِّلَ عَلَيْهِ الْقُرْآنُ جُمْلَةً وَاحِدَةً كَذَلِكَ لِنُثَبِّتَ بِهِ فُؤَادَكَ وَرَتَّلْنَاهُ تَرْتِيلاً “And those who disbelieve say, “Why was the Qur’an not revealed to him all at once?” Thus [it is] that We may strengthen thereby your heart. And We have spaced it distinctly.” (Surah al-Furqan 25:32)
Then Allah (swt) revealed that the Great Qur’an,
(a) هُدًى لِلنَّاسِ “…a guidance for the people…” is in Haal Mansoub (حال منصوب Accusative State), that it will guide them to the Truth and to a Straight Path.
(b) وَبَيِّنَاتٍ مِنْ الْهُدَى “…and clear proofs of guidance…” Haal Maa’touf (حال معطوف Coupled State) which are Definite Miraculous Ayaat which are from the Guidance Revealed by Allah (swt).
(c) وَالْفُرْقَانِ “…and criterion…”e. that which distinguishes between Truth and Falsehood, between Good and Evil, and between good deeds and bad actions.
10- In the first and second verses Allah (swt) mentions, كُتِبَ عَلَيْكُمْ الصِّيَامُ كَمَا كُتِبَ عَلَى الَّذِينَ مِنْ قَبْلِكُمْ لَعَلَّكُمْ تَتَّقُونَ – أَيَّامًا مَعْدُودَاتٍ “…prescribed upon you is fasting as it was prescribed upon those before you that you may become righteous” (2:183) “[Fasting for] a limited number of days…” (2:184). The verse is a confirmation of the Obligation of Fasting upon us as it was Obligated on the previous Ummahs, though the number of days differed, then the mention of أَيَّامًا مَعْدُودَاتٍ “[Fasting for] a limited number of days…” is in negation, because it is intended in that verse to only confirm the Obligation of Fasting upon us as it was Obligated on the previous Ummahs and it is not intended to indicate the duration of the Fasting.
As for the verse that follows it شَهْرُ رَمَضَانَ الَّذِي أُنزِلَ فِيهِ الْقُرْآنُ “The month of Ramadan [is that] in which was revealed the Qur’an…,” therein is the designation of Ramadhan as the month of Fasting for the Islamic Ummah. The month of Ramadhan is particular to the Revelation of the Quran as well as the Obligation of Fasting.
When Allah (swt) mentioned Fasting in the month of Ramadan, he reiterated his rulings for the occasion of the remembrance of the month of Fasting, شَهْرُ رَمَضَانَ “The month of Ramadan…” Allah (swt) continued to say, فَمَنْ شَهِدَ مِنْكُمْ الشَّهْرَ فَلْيَصُمْهُ وَمَنْ كَانَ مَرِيضًا أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ “…So whoever sights [the new moon of] the month, let him fast it; and whoever is ill or on a journey – then an equal number of other days…” He (swt) confirmed the ruling on Fasting for those who witnessed the month and was present i.e. locally resident, as well as the Concession for the traveller and the ill, in a cohesive sequence of unparalleled wisdom.
11- يُرِيدُ اللَّهُ بِكُمْ الْيُسْرَ وَلاَ يُرِيدُ بِكُمْ الْعُسْرَ وَلِتُكْمِلُوا الْعِدَّةَ وَلِتُكَبِّرُوا اللَّهَ عَلَى مَا هَدَاكُمْ وَلَعَلَّكُمْ تَشْكُرُونَ “…Allah intends for you ease and does not intend for you hardship and [wants] for you to complete the period and to glorify Allah for that [to] which He has guided you; and perhaps you will be grateful.”
Allah (swt) clarifies for us the Hikmah (حكمة Wisdom) from this- He (swt) wants us to have ease in the implementation of the Obligation of fasting and not hardship, difficulty and ruin. This is so that we can complete a number of fasts easily. If we are temporarily unable to undertake the Fasting, it can be undertaken on other days. Even if we are unable to permanently, then there is Fidyah. If we are able to do it in its period, the month of Ramadan, and complete the Obliged amount and glorify Allah (swt) after completing the Fast, i.e. on the day of Eid, such that we are thankful for the blessing of Allah (swt) which enabled us to complete this great Obligation.
The occurrence of the letters of Ta’leel (تعليل Justification),وَلِتُكْمِلُوا “…so that you complete…” وَلِتُكَبِّرُوا “…and that you glorify…” وَلَعَلَّكُمْ “…so that you may…” are an explanation of the Wisdom of this ease in Fasting, to complete the Obliged Fasting and glorify Allah (swt) for what He (swt) guided us to carry out the Obligation of fasting and to be thankful to Allah (swt).
As for why we said that what is mentioned in the verses of the previous fasting is Hikmah (حكمة Wisdom) and not Illah (علة Legal Reasoning), this is because of what Allah (swt) mentioned methodically regarding Fasting, لَعَلَّكُمْ تَتَّقُونَ “…so that you may become righteous,” وَلِتُكْمِلُوا الْعِدَّةَ “…so that you complete the period…,” وَلِتُكَبِّرُوا اللَّهَ “…and that you glorify Allah ((swt))…” وَلَعَلَّكُمْ تَشْكُرُونَ “… so that you may be grateful.” All this is realized in a Jumlah (جملةً Collective Sense), that is, with a number of Muslims, even though it is absent in individuals from amongst them. This is Istilaah (اصطلح Technical Convention) for Wisdom. Hikmah is realized in a Collective Sense by the intention of the Lawgiver. For example, وَمَا خَلَقْتُ الْجِنَّ وَالإِنسَ إِلاَّ لِيَعْبُدُونِ “And I did not create the jinn and mankind except to worship Me.” (Surah Az-Zaariyaat 51:56). So, we say that the Hikmah of Creation is for the worship of Allah (swt). It is not the ‘Illah. This is because the worship from the Created is achieved in its entirety by a number of them, even though it is absent in individuals from amongst them.
As for the Illah (علة Divine Reasoning), it is the one that dependently revolves around the Ma’lool (معلول Reasoned), in its existence and absence. It is not absent, neither in the Collective Sense nor in individuals, so long as the Illah and Ma’lool are present. This is because the Illah is that which the Hukm (حكم Ruling) was Legislated for i.e. it is the Ba’ith (باعث Initiator) of the Tashreea’ (تشريع Legislation) of the Ruling. For example, لِئَلاَّ يَكُونَ لِلنَّاسِ عَلَى اللَّهِ حُجَّةٌ بَعْدَ الرُّسُلِ “…so that mankind will have no argument against Allah (swt) after the Messengers. And ever is Allah Exalted in Might and Wise.” (Surah an-Nisa’a 4:165). The Ba’th for sending the Messengers (as) is that the people should not protest before Allah (swt) about their lack of Obedience to Him by saying, “We did not know what you wanted from us because you did not send your messengers to us.”
Therefore this verse, لِئَلاَّ يَكُونَ لِلنَّاسِ عَلَى اللَّهِ حُجَّةٌ بَعْدَ الرُّسُلِ “…so that mankind will have no argument against Allah ((swt)) after the messengers…” becomes an Illah for the sending of Messengers, i.e. since Messengers are sent, people will not have a Hujjah (حجة Defensive Argument) in any case.
Also RasulAllah ﷺ said, «القاتل لا يرث» “The murderer does not inherit” [Tirmidhi, Abu Daood, Ad-Daraami] Evidences that the ‘Illah for not inheriting is Intentional Murder. If one of the heirs intentionally kills his Mawrith (مورّث Bequeather), this murderer will not inherit. So where there is Intentional Murder by the heir, the Inheritance by the killer is not correct in any case. So, the ‘Illah revolves around the Ma’lool in its existence and absence.
As for إِنَّ الصَّلاَةَ تَنْهَى عَنْ الْفَحْشَاءِ وَالْمُنْكَرِ “…Indeed, prayer prohibits immorality and wrongdoing…” (Surah al-Ankaboot 29:45), the Hikmah of Salah (صلاة Prayer) is to Forbid FaHshaa’I (فحشاء Indecency) and Munkar (منكر Evil) because the Munkar may occur from some of those who Pray in the presence of Salah, so it is by Technical Convention Hikmah because of its absence in some individuals.
i.e. the Hikmah from the Ruling is realized in a Collective Sense and may be absent in some of the individuals.
And the ‘Illah is not absent from the Ruling, so it revolves with in its existence and absence.
All this is why we say, لَعَلَّكُمْ تَتَّقُونَ “…so that you may become righteous,” وَلِتُكْمِلُوا الْعِدَّةَ “…so that you complete the period…,” وَلِتُكَبِّرُوا اللَّهَ “…and that you glorify Allah ((swt))…” وَلَعَلَّكُمْ تَشْكُرُونَ “… so that you may be grateful” is the Hikmah of Fasting and not the Illah as it is in the Technical Convention of Usulliyeen.