The Ruling pertaining to Making up the Fast
Whoever breaks his fast or is unable to fast during Ramadhaan due toan Islaamically permissible reason, then he is required to make up forthis day; such as the one whose fast is nullified due to having hadsexual intercourse or other than that. In that case, he is required tomake up the fast for this day, as Allaah (Subhaanahu wa Ta'aala) says:
{…the same number (should be made up) from other days}, [Soorah al-Baqarah, Aayah 184]
It is recommended that he hasten to make up that which he has missedduring Ramadhaan so as to relieve himself of the responsibility.Likewise, it is recommended that he makes up for that which he missedby fasting consecutively because doing so is like having fasted as such(during Ramadhaan).
However, if he does not immediately make up for that which he hasmissed, it is then permissible for him to delay it. This is because theavailable time-span (to make up the missed fasts) is open (until beforethe arrival of the following Ramadhaan).
Regarding all such obligations within which the time-span to performthat which is obligatory on a person is open, then it is permissible todelay it's performance so long as there exists a firm intention tocarry it out. It is also permissible to make up the daysintermittently. However, if there is not enough time remaining duringthe month of Sha'baan preceding the following Ramadhaan, it becomesobligatory to make up the days consecutively, noting that it is notpermissible to delay it until the arrival of the following Ramadhaanwithout an Islaamically acceptable reason.
It is narrated on the authority of 'Aa.ishah, that she said:
((I used to have days to make up from Ramadhaan and it used to be that I was unable to make them up until Sha'baan)). It's authenticity is agreed upon by al-Bukhaaree and Muslim.
So this hadeeth indicates that the time period within which it ispermissible to make up the days missed during Ramadhaan is open (untilbefore the arrival of the following Ramadhaan). If he was to delay inmaking up the fasts until the arrival of the following Ramadhaan, thenhe is required to fast the current fast of Ramadhaan and then make upfor the missed fasts of the previous year afterwards. This is inaddition to feeding a poor person half a saa' of the food of the landfor every day (remaining to be made up). And if the cause of hisdelaying making up the fasts until the arrival of the followingRamadhaan is Islaamically acceptable, then he is simply required tomake up the missed days from the previous Ramadhaan.
If he was to die before the arrival of the following Ramdhaan whilststill having fasts to make up from the previous Ramadhaan, then thereis nothing required of him since he died within the permissible timelimit within which to make up the missed fasts.
Likewise, if he was to die after the arrival of the followingRamadhaan and the reason for the delay is Islaamically acceptable, suchas illness and travel, then there is nothing required of him (from theestate (wealth) he leaves behind).
However, if the reason for the delay was Islaamically unacceptable,then it is obligatory to pay a penalty from the estate (wealth) he hasleft behind, sufficient to feed a poor person for every fast remainingto be made up.
Additionally, if he died whilst having any fasts remaining to bemade up, such as the fast of ransom or an obligatory fast arising outof any short-coming from the performance of the Hajj, then he isrequired to feed a poor person for every fast remaining to be made up.This is done from the estate (wealth) he has left behind, noting thatno-one is required to make up the fasts on his behalf. The reason forthis is that this type of fast does not permit someone else to fast onhis behalf whilst he is alive, and likewise is the case upon his death.And this is the opinion of the people of knowledge.
And whoever dies whilst he has any fasts to make up due to an oathor vow he has taken, then it is recommended for the one in charge ofhis affairs after his death to fast on his behalf as is confirmed inboth al-Bukhaaree and Muslim. A woman came to the Prophet (sal-Allaahu`alayhe wa sallam) and said: "My mother has died whilst having fasts tomake up due to a vow she made. Should I fast on her behalf?" He said:((Yes)). With reference to the one in charge of his affairs after hisdeath, then this implies the inheritor.
Shaykh Ibn Fowzaan
al-Mulakhkhas al-Fiqhee - Volume 1, Pages 271-272
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