Thursday, August 5, 2010

Could Not Recall the Solat and Fasts Missed

One could not Recall the number of Solat and Fasts he had missed

If someone could not remember the number of solat and fasts he had missed, how should he make over them?

In the name of Allāh, Most Gracious, Most Merciful;
All the praise and thanks is due to Allāh. I testify that there is none worthy of worship except Allāh, and that Muhammad, Sallallāhu alaihi wa sallam, is His slave and Messenger.


Firstly, the issue of the missed Obligatory Solāt

Solāt may have been missed were due one of the following three scenarios:

1. The Solāh was missed due to such as overslept or forgetting.

In this case it must be made up as the Prophet (Sallallāhu ‘alaihi wassalam) said: “Whoever forgets a solāt or sleeps and misses it, the expiation for it is to observe it when he remembers it.” [Narrated by Al-Bukhāri, 572; Muslim, 684]. One has to perform it once he remembers about it.

The Prophet (Sallallāhu alaihi wa sallam), said: "The pen is lifted (stopped from writing the deeds) from three kinds of people: a sleeping person until he wakes up, a mentally-handicapped or insane person till he can reason, and a child till he reaches the age of puberty."  [An-Nasa’ie]

The way is that one should offer these Solāh in order as enjoined in a hadith of Jabir Ibn ‘Abdallāh (radiallāhu`anhu), which recorded that ‘Umar Ibn Al-Khattāb (radiallāhu`anhu) on the Day of Al-Khandaq after the sun had set, and started blaming the kuffar of Quraish and saying: “O Messenger of Allāh! I could hardly perform solat ‘Asar until the sun had almost set.” The Prophet (Sallallāhu 'alaihi wa sallam) said: “By Allāh! I did not solāt it either.” We went to Bat-hān and he (Sallallāhu 'alaihi wa sallam) took the wudhu’ for the solāh and so did we, then he (Sallallāhu 'alaihi wa sallam) observed Solāh ‘Asar after the sun had set, then he offered Solāh Maghrib after it. [Narrated by al-Bukhāri (571) and Muslim (631)]

2. Omitted Solāh due to unaware of it because of unconsciousness.

In this case the solāh is waived for him and he does not have to make it up.

[Fatawa Al-Lajnah Al-Da’imah, 6/21]

3. He missed the Solāh for no valid reason.

One of two scenarios applies in this case:

Either he denied and refused to accept that the solāh is obligatory.

In this case there is no dispute that this is kufur and he has nothing to do with Islam. He has to enter Islam and then do all the duties and obligations of Islam, but he does not have to make up the prayers he missed when he was a kafir.

Or, he did not observe the solah because he was negligent and lazy.

In this case the prayers are not valid if he makes them up, because he had no excuse at the time when he missed them.

• It is because Allāh has enjoined the solāh at certain, clearly-defined times, as He says: “Verily, As-Solāh (the prayer) is enjoined on the believers at fixed hours” [An-Nisā’ 4:103]

• The Messenger of Allāh (Sallallāhu 'alaihi wa sallam) said: “Whoever does an action that is not part of this matter of ours will have it rejected.”   [Narrated by Al-Bukhāri, 2697; Muslim, 1718.]

Shaikh ‘Abd Al-‘Aziz Ibn Baaz (rahimullāh) said:

The one who missed solāh deliberately does not have to make them up, according to the correct scholarly view. Rather he has to repent to Allāh, because solāh is the foundation of Islam, and failing to observe solāh is the greatest of sins. In fact, failing to perform solāh constitutes major kufur according to the more correct of the two scholarly opinions, because it is narrated that the Messenger of Allāh (Sallallāhu 'alaihi wa sallam) said: “The covenant that stands between us and them is Solāt; whoever does not performed solāh is a kafir.” [Narrated by Imām Ahmad and the authors of Al-Sunan with a sahih isnād from Buraidah (radiallāhu`anhu)]

The Messenger Allāh (Sallallāhu 'alaihi wa sallam) said: “Between a man and syirik and kufur there stands his giving up solāh.” [Narrated by Imām Muslim in his Sahih from Jabir Ibn ‘Abdallāh (radiallāhu`anhu)]

And there are other ahadith which indicate the same thing. What is needed is to repent sincerely to Allāh by regretting what you have done in the past, resolving not to go back to it. You do not have to make up anything, either with every solāh or otherwise. All the Praise to Allāh, whoever repents, Allāh accepts his repentance. Allāh says: “And all of you beg Allāh to forgive you all, O believers, that you may be successful” [An-Nur, 24:31]

And the Prophet (Sallallāhu 'alaihi wa sallam) said: “The one who repents from sin is like one who did not sin at all.”

Sincere in the repentance entails to take stock of yourself, one has to ask Allāh to forgive what you have done, strive to offer prayers regularly on time in congregation. And to embark in a lot of righteous deeds, and be optimistic, for Allāh says: “And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)” [Ta-Ha, 20:82]

After mentioning syirik, murder and zina (adultery) in Surah Al-Furqān, Allāh says: “..and whoever does this shall receive the punishment. The torment will be doubled to him on the Day of Resurrection, and he will abide therein in disgrace. Except those who repent and believe (in Islamic Monotheism), and do righteous deeds; for those, Allāh will change their sins into good deeds, and Allāh is Oft Forgiving, Most Merciful” [Al-Furqan, 25:68-70]

[Majmu’ Fatawa Al-Shaikh Ibn Baaz, 10/329, 330]

Secondly, the Issue of Making up the Missed Fasts.

The condition is that if one did not fast during the time when you did not pray, then you do not have to make up those fasts, because the one who does not solāt is a kafir in the sense it is a  major kufur that puts him beyond the pale of Islam – as stated above. When a kafir becomes Muslim, he is not obliged to make up acts of worship that he did not do when he was a kafir.

But if you did not fast at a time but you solāt, then one of the following two scenarios must apply:

1. Either you failed to form the intention to fast from the night before, and you decided rather that you would not fast. In this case making up the fasts would not be valid in your case, because you failed to do the act of worship at the time prescribed for it by Islam, with no excuse.

2.  Or you started to fast then you broke the fast during the day. In this case you have to make it up, because when the Prophet (Sallallāhu 'alaihi wa sallam) commanded the one who had had intercourse during the day in Ramadhān to offer expiation for it, he said to him: “Fast one day in its stead.”[Narrated by Abu Dawūd, 2393; Ibn Mājah, 1671; classified as sahih by Al-Albāni in Irwa’ Al-Ghalil, 940].

A) Regarding the one who intentionally breaks the fast by having sexual intercourse with his wife during the daytime in Ramadhān, then he has committed a great sin and violated the sacredness of this month, and must make up the fast for that day. In addition, he is required to free a slave if it is possible to do so, if not, he has to fast two consecutive months and if he is unable to do so, then to he has feed sixty poor and needy people. The same is required of the wife as is required of her husband, if she freely consented (to having sexual intercourse). However, if she was forced, then nothing is required of her according to the predominant opinion of the scholars.

B) If one intentionally breaks his fast by eating or drinking without a legitimate excuse, then again he has committed a great sin and violated the sacredness of this month. Such a person has a severe threat awaiting him. Prophet Muhammad (Sallallāhu 'alaihi wa sallam) said: "Whoever breaks fasting of Ramadhān without having a legitimate excuse or being ill, he cannot make up for that day, even if he undertakes a perpetual fast.” [Al-Bukhari]

According to Imāms Ahmad, Ash-Shāfi’e, Sa’id Ibn Al-Musaiyib and Al-Shabby and others(rahimahullāh)  said that one should sincerely repent and seek the forgiveness of Almighty Allāh and make up the day later [followed by observing the righteous deeds]. This is what some of scholars regarded as an expiation that is required for breaking the fast of Ramadhān without a valid reason. They say, one should fast for two months consecutively or feed sixty poor people as well as to make up the day later with any of both forms of expiation. But the most right things to do are a total repentance and embarking doing on righteous deeds.

Shaikh Ibn ‘Uthaymīn (rahimullāh) said:

Breaking the fast during the day in Ramadhān with no excuse is a major sin, which makes a person a fasiq (disobedient, evildoer) who has to repent to Allāh and make up the day when he broke his fast; if he fasted then during the day he broke his fast with no excuse, then he has sinned, and he has to make up the day when he broke the fast, because when he started it, it became binding upon him, so he has to make it up, like a vow. But if he did not fast at all, deliberately, with no excuse, then it is most likely that he does not have to make it up, because that will not benefit him at all, for it will never be accepted from him.

• The basic principle with regard to every act of worship which is to be done at a specific time is that if it is delayed beyond that time with no excuse, it will not be accepted, because the Prophet (Sallallāhu 'alaihi wa sallam) said: “Whoever does any action that is not in accordance with this matter of ours will have it rejected.” And he has transgressed the limits set by Allāh, and transgressing the limits set by Allāh is zulm (wrongdoing), and good deeds are not accepted from the wrongdoer. Allāh says: “And whoever transgresses the limits ordained by Allāh, then such are the Zalimun (wrongdoers)” [Al-Baqarah 2:229]

• Likewise if he had done this act of worship ahead of time – such as before the time for it commence – it would not have been accepted of him, and by the same token, if he does it after that it will not be accepted from him, unless he has an excuse.

[Majmu’ Fatawa Al-Shaikh Ibn ‘Uthaymeen (19/45)]

Thus, what he has to do is repent sincerely from all sins, and perform obligatory duties regularly and on time, and give up evil deeds, and do a lot of righteous deeds and acts of worship accordingly.

And Allāh knows best.

[Adapted from Islam Q&A]





All About The Solah

4. Al-Wudhu’ ; 5. Tayammum;
29.   Solāh al-Jumu`ah; 30. The Sanctified Hour of Jumu’ah.
51. Solāh al-Witr; 52.   Solāh al-Wudhu’ ; 53. Solāh Eid ul Fitr

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