Those who break their fast in Ramaḍān without excuse
Abū Hurayrah (raḍiyallāhu anhu) narrated: that the Prophet (ṣallallāhu `alayhi wa-sallam) said:

“If a person breaks his fast even one day without an excuse, his fasting forever will not make up for it.” [31]

Ibn `Abbās said:

“The hand hold of Islam and the foundations of the religion are three: the testimony that none is to be worshipped but Allāh, the Prayer, and the fast of Ramaḍān. Whoever leaves any one of them is a disbeliever.” [32]

Adh-Dhahabī said: it is a known fact to the believers that leaving the fast of Ramaḍān for reasons other than sickness is worse than fornication and addictive drinking. They even doubt in the persons’ Islam, seeing him as a hypocrite.” [33]

Let those who break their fasts beware that a trial does not befall them, leading them to the Hellfire.

Is the advice of a non-Muslim doctor acceptable in deciding the permissibility of not fasting Ramaḍān?
The scholars are in agreement that the advice of a skilled upright Muslim doctor is acceptable and is to be followed, but they differed in regards to non-Muslim doctors.

The Ḥanafi scholars held the view that their advice is not acceptable. They said, “The advice of non-Muslim doctors is not acceptable, for they may be merely intending to render ones worship invalid.” [34]

The Mālikī scholars regard it permissible to heed their advice. In Al-Mi’yār Al-Mā’rib its states:

“It is permissible to heed the advice of a non-Muslim doctor if the judge asks about some issues known particularly to doctors, despite the fact that they are not upright [35] or Christian if there is no other option.” [36]

Based upon this, their advice is acceptable if there is no other Muslim doctor available.

In Al-Muḥallā, Ibn Ḥazm stated that the Māliki scholars hold the opinion that the statement of a non-Muslim doctor is acceptable.[37]

This is also the view held by Al-Khattābi in Ma’ālim As-Sunan when discussing the rulings learnt from the Prophet (ṣallallāhu `alayhi wa-sallam) employing a spy from Khuzā’ah on the Day of Hudaibiyyah. He said:

“In this is evidence that it is permissible to accept the statement of a non-Muslim doctor about the cause of the illness and the treatment if he has not been accused in regards to his medicine, and it seems that he will not prove treacherous in this. [38]

The general ruling in this topic is that one should consult an upright Muslim doctor. If there is none available, it is permissible to heed the advice of a non-Muslim doctor if he holds some regards to religion. As for those who announce their disbelief in religions, it is not possible to trust him, as he may intend to merely spoil the Muslim’s worship.

Here, I would like to advise that more than one doctor be consulted if there are no Muslim doctors available, and they should be those in whose trustworthiness one does not doubt. They should either come to an agreement in this issue, or he should heed that advice which is closer to preserving his religion and he is sure about.

We should also note that this issue is not an issue of testimony, but rather closer to acceptability of narrations.

References

[1] Radd Al-Muhtār 1/244.

[2] Marāqi Al-Falāh 75; See Majallah Al-Buhūth Al-Islamiyyah, Issue # 25, p.34.

[3] Usūl Al-Sarkhasi 1/103; Radd Al-Muhtār 1/244.

[4] Such as Germany and Norway

[5] Fatāwā Shaltout p.146; Waqfah Dhawi Al-A’dhār p.65.

[6] Majallah Al-Buhūth Al-Islamiyyah, Issue 16, pp. 109-110, Fatwa #1108.

[7] Fatāwā Shaykh Makhlūf 1/272, Majallah Al-Buhūth Al-Islamiyyah, Issue 25, p,32.

[8] Ibn Kathīr 1/381.

[9] Al-Bukhārī 2/240 and Muslim 3/132, both on the authority of Ibn `Umar. This particular wording is the narration of Al-Bukhārī.

[10] Al-Majmū` 6/284.

[11] Al-Bukhārī 24/82, #7288; Muslim 8/420, # 3321.

[12] Al-Bukhārī 2/231; Muslim 3/128. This wording is Muslim’s.

[13] A metaphor used when saying someone has been heedless.

[14] See Aẓ-Ẓurqani, `Alā Mukhtasar Al-Khalīl, p.20200; Al-Kharshi 1/395; Al-Majmū 6/285 and afterwards; Al-Mughnī Wa ash-Sharḥ 3/14.

[15] See Al-Hidāyah 1/129; Al-Qawanīn Al-Fiqhiyyah p.103; Al-Kharshi 1/389; Al-Mughnī Wa ash-Sharḥ 3/14.

[16] Al-Majmū 6/341.

[17] Al-Bukhārī 7/170, #1894; Muslim 7/274, # 2764.

[18] Usūl Al-Sarkhasi 1/119; Radd Al-Muhtār 2/116; Al-Majmū 6/325.

[19] Al-Majmū 6/325-326.

[20] Al-Mughni Wa ash-Sharḥ 3/29; Sirāj Al-Mālik 6/325.

[21] An apostate is a liable person who willingly turns away from Islam, whether explicitly stating this, by some statement he makes or by some action he performs.

[22] Al-Qalyoubi Wal-Umairah 1/121; Usūl Al-Sarkhasi 1/75.

[23] See Radd Al-Muhtār 4/251; Minah Al-Jalīl 4/472; Hashiyat Al-Bajūrī 2/428; Al-Mughnī Wa ash-Sharḥ 1/410.

[24] Muslim 1/78.

[25] Al-Qawanīn Al-Fiqhiyyah, p.110; Al-Mughnī Wa ash-Sharḥ 3/15.

[26] 1/172.

[27] See Al-Hidāyah 1/127; Al-Ikhtiyār 1/172; Al-Kharshi 1/392; Al-Qawanīn Al-Fiqhiyyah, p.100; Al-Majmū 3/14; Manār As-Sabīl 1/213.

[28] There is a consensus amongst the scholars that the fast of a person who has slept the whole day in Ramaḍān is valid. Sharḥ Rawdah Aṭ-Ṭālib 1/418; Al-Mughnī Wa ash-Sharḥ 3/22.

[29] Various groups of people who live in non-Muslim countries confirmed that people are able to fast at work without undue hardship.

[30] 1/371.

[31] See: See the various studies on this subject found in Majallah Al-Majma’ Al-Fiqhī of the Muslim World League, Issue # 3, 2/1115-1277.

[32] Narrated by At-Tirmidhī, An-Nasā’ī from Al-Mutawwas. Ibn Ḥibbān said: The narrations he narrated alone cannot be used as proof. Al-Bukhārī narrated it in a “Hanging” (mu`allaq) form without implying its authenticity. See Kitāb Al-Kabā’ir by Adh-Dhahabī, pp.40-41.

[33] Ibid; see also what was said about its chain in Tamām Al-Minnah, p.131.

[34] Fiqh Al-Sunnah 1/367.

[35] Radd Al-Muhtār 2/116; Marāqi Al-Falāḥ, p.271.

[36] What is meant by “upright”, is a trustworthy Muslim.

[37] 10/17.

[38] Ma`ālim As-Sunan 2/326.