Observing Sawm on the Days of Tashriq

Q: What is the ruling on observing Sawm (Fast) on the Days of Tashriq (11th, 12th, and 13th of Dhul-Hijjah) for pilgrims and non-pilgrims? The thirteenth day of Dhul-Hijjah is the last day of the Days of Tashriq and the first day of the White Days (13th, 14th, and 15th of every Hijri month). Is it permissible for someone who habitually fasts the White Days to fast the Days of Tashriq? I hope Your Eminence would give me a written Fatwa (legal opinion issued by a qualified Muslim scholar) which I can distribute among those who ask about this matter.

A: It is forbidden by Shari`ah (Islamic law) to observe voluntary Sawm on the Days of Tashriq, whether or not one is a pilgrim. As for non-pilgrims, Muslim related from Nubayshah Al-Hudhaly that he said: The Messenger of Allah (peace be upon him) said: The Days of Tashriq are days for eating, drinking and making remembrance of Allah (Glorified and Exalted be He). Also, Abu Dawud related in his Sunan (Hadith compilations classified by jurisprudential themes) from `Amr ibn Al-`As (may Allah be pleased with him) that he said: These are the days on which the Messenger of Allah (peace be upon him) has ordered us to break Sawm and forbade us from observing Sawm. Malik said in Al-Muwatta': These are the Days of Tashriq. (Part No. 9; Page No. 303) Moreover, Abu Murrah, the freed slave of Um Hany, narrated that: He went with `Abdullah ibn `Amr to the latter's father `Amr ibn Al-`As. The latter pushed the food nearer to them and said: 'Eat.' His son said: 'I am observing Sawm.' `Amr then said: 'Eat, for these are the days on which the Messenger of Allah (peace be upon him) ordered us not to observe Sawm and forbade us from observing Sawm. A Mutamatti` (pilgrim performing `Umrah during the months of Hajj, followed by Hajj in the same year with a break in between) and a Qarin (pilgrim combining Hajj and `Umrah without a break in between), who cannot find a Hady (sacrificial animal offered by pilgrims) to slaughter, are to observe Sawm on these days due to the Hadith related by Al-Bukhari (may Allah be merciful to him) from Ibn ‘Umar and `Aishah (may Allah be pleased with them both) who said: No one was permitted to observe Sawm on the Days of Tashriq except for one who cannot find (or afford) Hady. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.