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mercredi 2 février 2011

She did not make up her missed fasts for many years


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There is a woman who has reached the age of fifty. When she got her period in Ramadaan she did not fast those days, but then she did not make them up because she was unaware that it is obligatory to make up missed fasts. Now she has come to know that it is obligatory to make up missed fasts. What should she do?
Praise be to Allaah.
She has to make up those days, and to be on the safe side she should feed one poor person for each day.

Shaykh Ibn Baaz (15/184) was asked:
I have a sister who for several years did not make up the fasts that she missed because of her period, because she was unaware of the ruling, especially since some of the common folk told her that she did not have to make up the fasts that she missed. What should she do?

He replied:
She has to ask Allaah for forgiveness and repent to Him, and she has to fast the days that she missed and feed one poor person for each day, as was stated by a number of the companions of the Prophet (peace and blessings of Allaah be upon him). This means giving half a saa’, which is equivalent to one and a half kilograms. What some ignorant women told her about her not having to do anything does not mean that this obligation is waived. ‘Aa’ishah (may Allaah be pleased with her) said: “We were commanded to make up the missed fasts but we were not told to make up the prayers.” Agreed upon.
If another Ramadaan comes before she makes up the missed fasts, then she is sinning and she has to make up the missed fasts and repent, and also feed one poor person for each day if she is able to. If she is poor and cannot feed others then fasting and repentance is sufficient, and she does not have to feed others. If she cannot remember how many days she has to fast, she should proceed on the basis of what she thinks is most likely, and fast the days that she thinks she missed during Ramadaan, and that will be sufficient, because Allaah says (interpretation of the meaning):

“So keep your duty to Allaah and fear Him as much as you can.”
[al-Taghaabun 64:16]

The Standing Committee (10/151) was asked about an elderly woman who had reached the age of sixty, and she was unaware of the ruling on menstruation for all the years during which she used to menstruate, so she did not make up any missed Ramadaan fasts because she thought that she did not have to make them up, based on what she had heard from the common folk. The committee replied:

She has to repent to Allaah from that, because she did not ask the people of knowledge. As well as that she also has to make up the days that she did not fast, according to what she thinks is most likely to be the number of days that she missed, and she should offer expiation for each day by feeding one poor person half a saa’ of wheat, dates, rice or whatever is the staple food of the country, if she is able to do so. If she cannot feed others then she does not have to do that, and it is sufficient for her to make up the fasts.

For more information on the ruling on feeding the poor, please see question no.26865.
Islam Q&A

jeudi 27 janvier 2011

Ruling on paying fidyah for delaying making up missed fasts


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Ruling on paying fidyah for delaying making up missed fasts before making them up
A woman is asking about making up missed Ramadaan fasts and feeding the poor (as fidyah for delaying that). Should she give food for each day, or should she give food for all the days in one go after she has finished making up the days?
Praise be to Allaah.

If a person delays making up missed Ramadaan fasts until the next Ramadaan begins, then if that was for a reason such as sickness, pregnancy or breastfeeding and the like, then he or she does not have to do anything except make up the missed days. But if there was no excuse, then he or she has sinned and must make up the missed days, but does he or she have to pay a fidyah or not? There is a difference of opinion among the scholars. The majority are of the view that the fidyah must be paid, and it is feeding one poor person for every day. In the answer to question no. 26865 we stated that the more correct view is that the fidyah is not obligatory, but the one who pays it in order to be on the safe side has done well.

This fidyah – according to those who say that it is required – becomes obligatory upon that person as soon as the next Ramadaan begins, and he may offer it at that time, or delay it until he makes up those fasts, but it is better to hasten to do it so as to fulfill his obligation.

It says in al-Mawsoo’ah al-Fiqhiyyah (28/76): Making up missed Ramadaan fasts may be done at any time but the majority of scholars limited it to a specific time frame within which they must be made up, which is before the next Ramadaan begins, because of the words of ‘Aa’ishah (may Allaah be pleased with her): “I would owe missed Ramadaan fasts but I would not be able to make them up except in Sha’baan, because of my duties towards the Prophet (peace and blessings of Allaah be upon him).”
This is similar to prayer, which should not be delayed until the time for the next prayer comes.

According to the majority of scholars, it is not permissible to delay making up missed Ramadaan fasts until the next Ramadaan comes without an excuse, and that doing so incurs sin, because of this hadeeth of ‘Aa’ishah. If a person delays that then he must offer the fidyah: feeding one poor person for each day, because of the report narrated from Ibn ‘Abbaas, Ibn ‘Umar and Abu Hurayrah (may Allaah be pleased with them) who said concerning the one who has to make up a missed fast but does not do so until the next Ramadaan comes: “He must make it up and feed one poor person for each day.” This fidyah is for delaying it. It is permissible to offer the food before making up the fast, at the same time, or afterwards. End quote.

Al-Mardaawi al-Hanbali (may Allaah have mercy on him) said:
He should offer food that is acceptable for expiation. It is permissible to give the food before making up the fast, at the same time, or afterwards. al-Majd – meaning Ibn Taymiyah, the grandfather of Shaykh al-Islam Ibn Taymiyah – said that the best is to give it beforehand, in his view, so as to hasten to do good and to rid oneself of the problem of postponing. End quote from al-Insaaf (3/333).

And Allaah knows best.
Islam Q&A


samedi 22 janvier 2011

Missed Fasts for Pregnant and Breastfeeding Women


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For pregnant women and breastfeeding mothers who do not fast, they have to make up the missed fasts and it is not enough for them to feed the poor
I read that it is permissible for pregnant women and breastfeeding mothers not to fast, and that they can feed the poor and do not have to make up the missed days. They quoted as evidence the report narrated from Ibn ‘Umar concerning that. How true is this? Please answer with evidence, may Allaah bless you.
Praise be to Allaah.


The scholars differed concerning the ruling on pregnant woman and breastfeeding mothers if they do not fast. There are several opinions.

1 – That they have to make up the fasts only. This is the view of Imam Abu Haneefah (may Allaah have mercy on him). Among the Sahaabah, it was the view of ‘Ali ibn Abi Taalib (may Allaah be pleased with him).
2 – That if they fear for themselves, they have to make up the fast only, and if they fear for their children then they have to make up the fasts and feed one poor person for each day. This is the view of Imam al-Shaafa’i and Imam Ahmad. Al-Jassaas also narrated this from Ibn ‘Umar (may Allaah be pleased with him).
3 – That they have to feed the poor only, and do not have to make up the fasts. Among the Sahaabah, this was the view of ‘Abd-Allaah ibn ‘Abbaas (may Allaah be pleased with him). Ibn Qudaamah also narrated this in al-Mughni (3/37) from Ibn ‘Umar (may Allaah be pleased with him).

Abu Dawood (2318) narrated from Ibn ‘Abbaas and ‘Ali that this phrase – “those who can fast with difficulty” [al-Baqarah 2:184] was a concession granted to old men and old women who find it difficult to fast, allowing them not to fast and to feed one poor person for each day instead, and the same for pregnant and breastfeeding women if they are afraid. Abu Dawood said: i.e., for their children – they may not fast and may feed (the poor) instead. Al-Nawawi said: its isnaad is hasan.

This was also narrated by al-Bazzaar who added at the end: Ibn ‘Abbaas used to say to a concubine of his who was pregnant: “You are like one who cannot fast, so you have to pay the fidyah but you do not have to make up the fasts.” Al-Daaraqutni classed its isnaad as saheeh, as stated by al-Haafiz in al-Talkhees.

Al-Jassaas narrated in Ahkaam al-Qur’aan that the scholars differed concerning this issue. He said:
The Salaf differed concerning this matter, and there were three points of view. ‘Ali said: they have to make up the fast if they do not fast, but they do not have to pay the fidyah. Ibn ‘Abbaas said: They have to pay the fidyah but do not have to make up the fasts. Ibn ‘Umar said: They have to pay the fidyah and make up the fasts.

Those who said that they only have to make up the fasts quoted the following as evidence:

1 – The report narrated by al-Nasaa’i (2274) from Anas, that the Prophet (peace and blessings of Allaah be upon him) said: “Allaah has waived half of the prayer for the traveler, and fasting, and for those who are pregnant and breastfeeding.” Classed as saheeh by al-Albaani in Saheeh al-Nasaa’i. The Prophet (peace and blessings of Allaah be upon him) stated that the ruling on pregnant and breastfeeding women is like the ruling on the traveler. The traveler may not fast and has to make it up later, and this also applies to pregnant and breastfeeding women. See Ahkaam al-Qur’aan by al-Jassaas.

2 – Analogy to the sick. Just as the sick are allowed not to fast and have to make it up later, the same applies to those who are pregnant and breastfeeding. See al-Mughni, 3/37; al-Majmoo’, 6/273.
This view was favoured by a number of scholars.
Shaykh Ibn Baaz said in Majmoo’ al-Fataawa, 15/225.

Pregnant and breastfeeding women come under the same ruling as those who are sick. If it is too difficult for them to fast then it is prescribed for them not to fast, but they have to make up the fasts when they are able to do so, like those who are sick. Some of the scholars are of the view that it is sufficient for them to feed one poor person for every day they missed, but this is a weak view. The correct view is that they have to make up missed fasts, just like travelers and those who are sick, because Allaah says (interpretation of the meaning):
“but if any of you is ill or on a journey, the same number (should be made up) from other days”
[al-Baqarah 2:184]

He also said in Majmoo’ al-Fataawa, 15/227:
The correct view concerning this matter is that pregnant and breastfeeding women have to make up the fasts, and what was narrated from Ibn ‘Abbaas and Ibn ‘Umar, that pregnant and breastfeeding women have to feed the poor instead, is a weak view that goes against the shar’i evidence. Allaah says (interpretation of the meaning):
“but if any of you is ill or on a journey, the same number (should be made up) from other days”
[al-Baqarah 2:184]

Pregnant and breastfeeding women are likened to those who are sick, and do not come under the ruling on old men who are unable to fast. Rather they come under the ruling on those who are sick, so they should make up the fasts when they become able to do so, even if that is delayed.
It says in Fataawa al-Lajnah al-Daa’imah (10/220):

If a pregnant woman fears for herself or her foetus because of fasting in Ramadaan, she may break the fast and she only has to make up the missed fasts. In this regard she is like one who is sick and is unable to fast or fears that fasting will harm him. Allaah says (interpretation of the meaning):
“but if any of you is ill or on a journey, the same number (should be made up) from other days”
[al-Baqarah 2:184]

Similarly if a breastfeeding woman fears for herself if she nurses her child during Ramadaan, or she fears for her child if she fasts and does not breastfeed him, then she may not fast, and she only has to make up the missed fasts.

It also says in Fataawa al-Lajnah al-Daa’imah (10/226):
A pregnant woman has to fast when she is pregnant, unless she fears for herself or her foetus if she fasts, in which case she is allowed not to fast, but she has to make up the missed fasts after she gives birth and becomes pure from nifaas… it is not sufficient for her to feed a poor person instead, rather she has to fast and does not have to feed a poor person if she does that.

Shaykh Ibn ‘Uthaymeen said in al-Sharh al-Mumti’, 6/220, after mentioning the difference of scholarly opinion about the ruling on this matter, and expressing his preference for the view that she only has to make up the missed fasts :

This view is the most likely to be correct in my opinion, because at most they are like one who is sick or traveling, who only have to make up missed fasts.

And Allaah knows best.
Islam Q&A

vendredi 21 janvier 2011

Making up missed fasts before next Ramadan


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Ruling on one who forgets to make up missed fasts before the next Ramadaan comes
What is the ruling on one who forgets to make up missed fasts before the next Ramadaan comes?
Praise be to Allaah.

The fuqaha’ are unanimously agreed that forgetting is an excuse which means that there is no sin or accountability in all matters, because of a great deal of evidence in the Qur’aan and Sunnah, but they differed as to whether the fidyah is still required in cases of forgetfulness.

With regard to the issue of forgetting to make up missed Ramadaan fasts before the next Ramadaan comes, the scholars are also unanimously agreed that they must still be made up after the second Ramadaan, and they are not waived as a result of forgetting.

But they differed as to whether the fidyah (which is feeding a poor person) is required when making up the missed fast (after the second Ramadaan has come and gone). There are two points of view:

1 – That the fidyah is not required, because forgetting is an excuse that means there is no sin and the fidyah is waived.

This was the view of most of the Shaafa’is and some of the Maalikis.
See: Tuhfat al-Muhtaaj by Ibn Hajar al-Haytami (3/445); Nihaayat al-Muhtaaj (3/196); Minah al-Jaleel (2/154); Sharh Mukhtasar Khaleel (2/263).

2 – That the fidyah is required, and forgetting is an excuse that means there is no sin only.
This was the view of al-Khateeb al-Sharbeeni among the Shaafa’is, who said in Mughni al-Muhtaaj (2/176):

It seems that it means there is no sin only, and that the fidyah is not waived.

This was also stated by some of the Maalikis.
See: Mawaahib al-Jaleel Sharh Mukhtasar Khaleel (2/450).

The more correct view is the former, in sha Allaah, for three reasons:

1 – The general meaning of the verses and ahaadeeth which say that people are not held accountable for forgetting, such as the verse in which Allaah says (interpretation of the meaning):

“Our Lord! Punish us not if we forget or fall into error”
[al-Baqarah 2:286]

2 – The basic principle that one is not subject to any expiation or fidyah except with evidence, and there is no reliable evidence in this case.

3 – There is a difference of opinion as to whether this fidyah is required in the first place, even in the case of one who delays making up the fasts deliberately. The Hanafis and Zaahiris are of the view that it is not obligatory and Shaykh Ibn ‘Uthaymeen was of the view that it is only mustahabb, because there is no report to suggest that it is prescribed except from the actions of some of the Sahaabah, which is not strong enough to suggest that people be obliged to follow it, let alone oblige them to do it in a case where Allaah has granted an excuse.

See the answer to question no. 26865.

To sum up, he only has to make up the missed fasts, and he does not have to feed the poor, so he should make them up after Ramadaan.

And Allaah knows best.
Islam Q&A

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