There is a female doctor who treats pulmonary (lung) diseases. A patient came to her and she prescribed for him treatment including a nebuliser. The patient asked her whether it breaks the fast or not, and she told him that it does not break the fast, because she had read something to that effect. After that, she felt uncertain so she read up on it, and she is saying that perhaps she got confused, and that what she had read was talking about inhalers for asthma. She researched on your website and found out that this device (the nebuliser) does break the fast. The doctor tried to contact that man to tell him that she had been mistaken in what she told him, but he did not answer his phone. His son answered the phone on one occasion, and she told him to get his father to speak to her, but he did not speak to her. She sent him a message with what she wanted to say, so that she could discharge her responsibility before Allah. My question is: 1. What is the ruling on the fast of that patient if he uses a nebuliser during the day in Ramadan? 2. Does the doctor have to offer any expiation, because she advised the man, then after that she was not sure about the advice she had given him, and it became clear to her that the advice she gave was wrong? 3. The doctor prescribed the same treatment for several patients, but she did not tell them whether it broke the fast or not, and they did not ask her; is she sinning in any way if they use it during the day in Ramadan?

Praise
be to Allah

Firstly:

The nebuliser is
a device that transmits liquid medicine directly to the lungs by means of
inhalation, after turning it into a mist that is inhaled via the mouth or
nose.

It is used to
treat seasonal chest allergies, asthma attacks and other respiratory
disorders.

Inhaling the
mist breaks the fast, Therefore it is not permissible for one who is fasting
to use this device during the day in Ramadan, except in cases of necessity,
and if he uses it he breaks the fast.

See also the
answer to question no. 78459.

Secondly:

It is not
permissible to issue fatwas on the basis of speculation when one is not
certain. This doctor should have verified the facts before saying that using
this device does not break the fast, or she should have told the patient to
ask the scholars.

Hence what the
doctor must do is repent to Allah, may He be exalted, and inform the patient
of her error. Based on what you mention, she did well to contact the
patient, then send a message to him. She does not have to offer any
expiation or do anything more than what we have mentioned above, and the
patient, if he used the device, does not have to do anything other than
making up the fast that was broken.

Shaykh Ibn
‘Uthaymeen (may Allah have mercy on him) was asked: If someone gives a fatwa
to someone else, then after a while he checks the views of the scholars on
this issue, and realises that his fatwa was wrong, what should he do? Is
there any sin on him? We hope that you can advise us about this.

He (may Allah
have mercy on him) replied: If his first fatwa was based on his own ijtihad
(efforts to work out the correct ruling), and he was qualified to engage in
ijtihad, then after researching and discussing the matter it became clear to
him that his first ijtihad was wrong, then he does not have to do anything.

The major
scholars used to do that. You will find that one of them had several views
regarding a single issue.

But if his first
fatwa was not based on knowledge or on ijtihad (making an effort to work it
out), and was rather based on speculation, some kinds of speculation
constitute sin, so it was haraam for him in the first place to issue a fatwa
based on mere speculation or guessing, because if he did that, then he has
spoken about Allah without knowledge, and speaking about Allah without
knowledge is one of the gravest of sins, because Allah, may He exalted, says
(interpretation of the meaning): “Say, ‘My Lord has only forbidden
immoralities – what is apparent of them and what is concealed – and sin, and
oppression without right, and that you associate with Allah that for which
He has not sent down authority, and that you say about Allah that which you
do not know’” [al-A ‘raaf 7:33].

So he has to
look for the person who asked him that question, so that he can tell him
that his fatwa was wrong. If he does that, then I hope that Allah will turn
in mercy to him.

The issue of
giving fatwas without knowledge is a very serious matter, because it is not
only the one who asks the question who may be led astray by that; rather the
one who asked the question may spread it to other people, and thus many
people may be led astray by it, and this is very wrong.

End quote from
Fataawa Noor ‘ala ad-Darb.

Thirdly:

If the doctor
prescribed this device for someone who needs it during the day, but did not
tell him whether or not it breaks the fast, then what appears to be the case
is that there is no sin on her, because he has no choice but to break the
fast due to his sickness, so he is excused. The onus is on the patient to
ask the scholars whether using this device breaks the fast or not, and if he
fails to do that then the shortcoming is on his part.

If she
prescribed it to someone who can do without it during the day, and did not
point that out to him, then in that case she is sinning if she knew that he
would use it during the day, and did not point it out to him, because she is
the one who caused his fast to be spoiled with no excuse.

But if she did
not know whether the patient would use the device during the day or at
night, then there is no sin on her.

She and other
doctors should learn about the rulings on acts of worship that have to do
with their specialties, such as purification, prayer and fasting, lest they
spoil the patient’s acts of worship without realising. If they are confused
about something, then they should instruct the patient to ask the scholars
about the ruling on it.

And Allah knows
best.