Showing posts with label Fidyah. Show all posts
Showing posts with label Fidyah. Show all posts

Monday, August 9, 2010

Forgot To Qadha the Missed Fasts

Forgot To Qadha the Missed Fasts before Next Ramadhan


What is the ruling on one who forgets to make up missed fasts before the next Ramadhan comes?

In the name of Allah, Most Gracious, Most Merciful;
All the praise and thanks is due to Allah, the Lord of the al-'Alamin. Peace and blessings be upon His Messenger.


1. In the Case Of One Who Forgot When Fasting.

The Fuqaha’ unanimously agreed that in cases of one who forget [or fail to remember], he is forgiven, which means there would be no sin or accountability in all matters, because of a great deal of evidence in the Qur’an and Sunnah.

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

The Prophet (sallallāhu 'alayhi wa sallam)  said: “Whoever breaks his fast in Ramadhan out of forgetfulness, he does not have to make that day up and he does not have to offer any expiation (kafarah).” [Narrated and classified as sahih by Al-Hakim].

Abu Hurairah reported that the Prophet (sallallāhu 'alayhi wa sallam)  said: “Whoever forgets that he is fasting and eats or drinks let him complete his fast, for the One Who fed him and gave him to drink was Allah.” [Unanimously agreed upon by the scholars].

2. In The Case Of Forgotten to Qada the Missed Ramadhan Fasts.

In the case of someone who forgot to qada or make up the missed fasts of Ramadhan before the next Ramadhan comes, the scholars unanimously agreed that he still accountable and must make up after the second Ramadhan, and he is not entitled to be waived as a result of forgetting. [The excuse is given when someone forget he is fasting. One has to make up the missed mandatory fast. This contrary to delaying to qada the missed fast.] The scholars differed as to whether the fidyah [expiation], which is feeding a poor person, is required when making up the missed fast [after the second Ramadhan has come and gone]. In relation to this issue there are two views:

1. That the fidyah is not required [due to the fact it is irrelevant to the case that requires fidyah], [or] because someone forgot, which he is forgiven which means that there is no sin and the fidyah is waived. This was the view of most of the Shafi’es and some of the Malikis.

[See: Tuhfat Al-Muhtaj by Ibn Hajar Al-Haytami (3/445); Nihayat Al-Muhtaj (3/196); Minah Al-Jalil (2/154); Sharh Mukhtasar Khalil (2/263).]

2. That the fidyah is not waived and still required, even forgetting is forgiven due to forgetfulness. This was the view of Al-Khatib Al-Sharbini among the Shafi’es, who said in Mughni Al-Muhtaj (2/176): “It seems that it means there is no sin only and that the fidyah is not waived” This was also the view of some of the Malikis.

[See: Mawahib Al-Jalil Sharh Mukhtasar Khalil (2/450).]

The Correct View

The more correct view is the first view above, meaning the fidyah is not required [and irrelevant to the case], and in the case if someone forgot, he is forgiven-not accountable of his misdeeds which means that there is no sin and the fidyah is waived for three reasons:

1. The general meaning of the verses and ahadith which say that people are not held accountable in cases of forgetting, such as the verse in which Allah says:

“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 the fidyah is required in the first place, even in the case of one who delays making up the fasts deliberately. The Hanafis and Zahiris are of the view that it is not obligatory and Shaikh Ibn ‘Uthaymeen was of the view that it is not mustahabb, because there is no hadith to suggest that it is prescribed except from the actions of some of the sahabah, 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 Allāh has granted an excuse [forgiven].

Thus one has to make up the missed fasts, and he does not have to feed the poor [fidyah], what he should make them up after Ramadhan.

The Issue of Fidyah (Expiation)

The condition to pay fidyah, feeding the poor would arise due to the following situation.

1. When someone is given an exemption from fasting due to:

11. Sickness that has no chances to recover:

Allāh Says: “…And upon those who are able [to fast, but with hardship]-a ransom [as substitute] of feeding a poor person [each day]…” [Al-Baqarah, 2:184]

1.2. Old Age which makes difficult to observe the fast:

Ibn ‘Abbas said: “It was permitted for the very elderly man (or woman) to feed a poor person for every day (that he did not fast), and he did not have to make up for the days.” [Ad-Daraqutni and Al-Hakim]

2. If someone intentionally breaks the fast by having sexual intercourse with the wife [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 [60 days] and if he is unable to do so,] then to he has feed sixty poor and needy people [fidyah].

This is in pursuance of a hadith narrated by Abu Hurayrah (radiallāhu`anhu) that a person came to see the Apostle of Allāh (sallallāhu 'alayhi wa sallam) and said: “O Messenger of Allāh, I am undone. The Holy Prophet (sallallāhu 'alayhi wa sallam) asked him: What has brought about your ruin? The man said: I have had intercourse with my wife during the month of Ramadhan.

Upon this the Prophet (sallallāhu 'alayhi wa sallam) said: Can you find a slave to set him free? He said: No. Then Prophet (sallallāhu 'alayhi wa sallam) said: Can you observe fast for two consecutive months? He said: No.

The Prophet (sallallāhu 'alayhi wa sallam) then said: Can you provide food to sixty poor people? He said: No.

He then sat down and (in the meanwhile) it was brought to the Apostle of Allāh (sallallāhu 'alayhi wa sallam) a basket which contained dates. The Prophet (sallallāhu 'alayhi wa sallam) finally said: Give these (dates) in charity. The man said: Am I to give to one who is poorer than me? There is no family poorer than mine between the two lava plains of Madinah. The Apostle of Allāh (sallallāhu 'alayhi wa sallam) broke into laughter that his molar teeth became visible and said: Go and give it to your family to eat.”

[Muslim].

3. Delaying Making Up Fasts.

What is meant by feeding a poor person here is giving half a saa’ of the local staple food for each day; half a saa’ is equivalent to one and a half kilograms.

[Majmu’ Fatawa al-Maqalat li’l-Shaikh Ibn Baaz, 6/19.]

And Allāh Almighty Knows best.

[Excerpted from Islam Q&A]

Friday, August 6, 2010

Deliberately Never Fast

Deliberately Never Observed Ramadhan, Should He Make Up The Fast?

I have never fast a whole Ramadhan in my life. But now I intend to fast this year insya Allah. How should I make up for the fasts that I have missed?

In the Name of Allah, Most Gracious, Most Merciful;

All praise and thanks are due to Allah, and peace and blessings be upon His Messenger.

1. The Case of Never Observe the Fast the Ramadhan.

The fasting of Ramadhan is one of the pillars of Islam, and it is not permissible for one who is required to fast not to do so, unless he has an excuse. Whoever does not fast due to a legitimate shari’e excuse, such as sickness, travelling or menstruation, and is able to fast, has to make up the missed fasts.

Allah says:

“[A]nd whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”

[Al-Baqarah 2:185]

The one who deliberately did not fast without an excuse is far from one who has an excuse in this regard. If a person delays an act of worship from the time it is due, such as prayer or fasting, without excuse, it is not valid and will not be accepted if he does it after the time specified for it in is over.

Shaikh Muhammad Ibn Salih al-‘Uthaymeen (may Allah have mercy on him) was asked on the ruling if a Muslim who did not fast Ramadhan for many years although he did all the other duties required of him, and he has no reason for it. And does he have to make up those fasts if he repents?

Shaikh al-‘Uthaymeen replied: The correct view is that he does not have to make up those fasts, he has to repent. [It is] because in [shari’e] every act of worship that is prescribed for a specific time, [one is not allowed to perform outside the time frame]; if a person delays it beyond that time deliberately without a [valid] excuse, Allah SWT will not accept it from him. So there is no point in making them up, because it is unacceptable. He has to repent to Allah and perform a lot of righteous deeds. Whoever repents, Allah accepts it.

[Majmu’ Fatawa al-Shaikh Ibn ‘Uthaymeen, question no. 19/41]

This is the situation of one who did not fast without excuse, which he did not have the intention of fasting and he did not fast.

1.1. Deliberately Breaks The Fast of Ramadhan.

And to the one who began a fast, then during the day he breaks the fast, he has to make up that day.

Shaikh Ibn ‘Uthaymeen (may Allah have mercy on him) was asked about the ruling on breaking the fast during the day in Ramadhan without any excuse.

He replied: In the case of someone breaking the fast during the day in Ramadhan without any shari’e excuse is a major sin, which makes a person a fasiq (rebellious evildoer).

Prophet Muhammad SAW, "Whoever broke even one fast of Ramadhan without an excuse or sickness, even if he fast the whole life after that, it will not compensate what he missed"

[At-Tirmidzi]

He has to repent to Allah and make up the day he broke the fast. If someone had began the fast then during the day but he broke it without any valid excuse, he is a sinner, and he has to make up that day he broke it because according to shari’e when someone started the fast it became binding upon him to complete it, as in the case of a vow.

It is incumbent upon us to fear Allah and to beware of His wrath, retribution and a painful punishment. One should hasten to repent to Allah before death takes him unawares. Perhaps today’s action we may see as with no reckoning, but tomorrow there will be the reckoning. Whoever repents, Allah will accept his repentance, and whoever draws closer to Allah one hand span, Allah will draw closer to him one cubit. For Allah is Most Generous, Forbearing and Most Merciful, as He says:

“Know they not that Allah accepts repentance from His slaves and takes the Sadaqah (alms, charity), and that Allah Alone is the One Who forgives and accepts repentance, Most Merciful?”

[At-Tawbah, 9:104]

Allah says at the end of the verses on fasting: “Allah intends for you ease, and He does not want to make things difficult for you”

[Al-Baqarah 2:185]

The phrase, “so that you may be grateful to Him” shows that fasting is a blessing for which we must be grateful. Hence some of the salaf used to wish that the whole year was Ramadan.

But if he deliberately did not start to fast at all without excuse, then he does not have to make it up, because that will be of no benefit to him, for it will never be accepted from him.

The basic principle with regard to every act of worship that is related to a specific time is that if it is delayed beyond that time with no excuse, it will not be accepted, because the Prophet SAW said:

“Whoever does an action that is not in accordance with this matter of ours will have it rejected”

[Narrated by Al-Bukhari, 2697; Muslim, 1718]

This is a transgression of the sacred limits of Allah, and transgressing the sacred limits of Allah is zulm (wrongdoing), and the wrongdoer’s deeds are not accepted. Allah says:

“And whoever transgresses the limits ordained by Allah, then such are the Zalimun (wrongdoers)”

[Al-Baqarah, 2:229]

It should be noted that if one did this act of worship before the time for it should begin, Allah would not be accepted from him, and by the same token if he does it after the time for it is over, it will not be accepted from him, unless he had an excuse.

[Majmu’ Fatawa Al-Shaikh Ibn ‘Uthaymeen, no. 45]

2. Breaking a Making up of Obligatory Fast.

If a person begins an obligatory fast, such as making up a missed Ramadhan fast or offering an expiation for breaking a vow (kafarah yameen), it is not permissible for him to break the fast without a valid syar’ie excuse, such as sickness or travel.

If he breaks that fast – with or without an excuse – he has to make up that day, but he does not have to offer any expiation, because expiation is only required for intercourse during the day in Ramadan.

And if he breaks the fast with no excuse, then he has to repent to Allah SAW for this haram action.

The Views of the Scholars

Ibn Qudamah (4/412) said: If a person commences an obligatory fast, such as making up a missed Ramadhan fast, or a fast that he vowed to observe, or an expiatory fast, it is not permissible for him to break the fast. The scholarly were unanimous in their opinion on this issue.

Al-Nawawi said in al-Majmu’ (6/383): If a person has intercourse during a fast other than in Ramadan, such as making up a missed fast, or a fast that he vowed to observe, etc, no expiation (kafarah) is required. This is the view of the majority.

But Qatadah said: He has to offer expiation if he broke a fast that he was observing to make up for a missed Ramadhan fast.

[See al-Mughni, 4/378]

Shaikh Ibn Baaz was asked: One day I was fasting to make up for a missed fast, but after Zuhur prayer I felt hungry so I ate and drank deliberately, not because I had forgotten or was unaware. What is the ruling on this action of mine?

He replied: Such a case one has to complete the fast, for it is absolutely not permissible for someone to break an obligatory fast, such as when one is making up a missed Ramadhan fast or a fast that you have vowed to observe. Apart from that you also need to repent from what you have done. Allah will accept whoever repents himself to Allah.

[Majmu’ Al-Fatawa (15/355)]

Shaikh Ibn Salih Uthaymeen (may Allah have mercy on him) was asked: I had fast to make up for what I owed, then I broke the fast deliberately. After that I made up that fast one. I am not sure whether that is sufficient or do I have to fast two consecutive months? Do I have to offer expiation? Please advice.

He replied: If a person begins an obligatory fast, such as making up a missed Ramadhan fast or offering expiation for breaking a vow (kafarah yameen), or expiation for shaving during Hajj if he shaved his head before exiting ihram, or any other obligatory fast, it is not permissible for him to break the fast without a valid shari’e excuse. The same applies to anyone who begins an obligatory action – he has to complete it and it is [absolutely] not permissible for him to stop it unless he has a legitimate shari’e excuse that allows him to breaks it.

[Majmu’ Al-Fatawa (20/451]

Therefore, the lady who begins to make up a fast then broke her fast with no excuse and made up that day does not have to do anything else, but she has to repent and ask Allah for forgiveness for breaking an obligatory fast with no excuse.

And Allah Almighty Knows best.

[Adapted from the Islam QA]

Thursday, July 24, 2008

Forgotten to make up missed Ramadhan.

Forgotten to make up the missed fasts before new Ramadhan.

What is the ruling on one who forgets to make up missed fasts before the next Ramadhan comes?

In the name of Allah, Most Gracious, Most Merciful.
All the praise and thanks is due to Allah, the Lord of the Al-Alamin. Peace and blessings be upon His Messenger.

Evidence.

1. The Issue of Forgot.

The fuqaha’ unanimously agreed that in cases of one who forget [or fail to remember], he is forgiven, which means there would be no sin or accountability in all matters, because of a great deal of evidence in the Qur’an and Sunnah.

Allah Says:

 “Our Lord! Punish us not if we forget or fall into error”

[Al-Baqarah, 2:286].

The Prophet (sallallāhu 'alayhi wa sallam) said:

 “Whoever breaks his fast in Ramadhan out of forgetfulness, he does not have to make that day up and he does not have to offer any expiation (kafarah).”

[Narrated and classified as sahih by Al-Hakim]

Abu Hurairah (radiallāhu`anhu) reported that the Prophet (sallallāhu 'alayhi wa sallam) said:

“Whoever forgets that he is fasting and eats or drinks, let him complete his fast, for the One Who fed him and gave him to drink was Allah.”

 [Al-Bukhari, Muslim].

2. In The Case Of Forgotten to Qadha' the Missed Ramad'an Fasts.

In the case of someone who forgot to qadha' or make up the missed fasts of Ramadhan before the next Ramadhan comes, the scholars unanimously agreed that he still must made up after the second Ramadhan, and they are not waived as a result of forgetting.

View Differed On The Issue Of Fidyah.

But they differed as to whether the fidyah [expiation], which is feeding a poor person, is required when making up the missed fast [after the second Ramadhan has come and gone]. In relation to this issue there are two views:

1. That the fidyah is not required, because in the case if someone forgot, he is forgiven which means that there is no sin and the fidyah is waived. This was the view of most of the Shafi’es and some of the Malikis.

[See: Tuhfat Al-Muhtaj by Ibn Hajar Al-Haitami (3/445); Nihayat Al-Muhtaj (3/196); Minah Al-Jalil (2/154); Sharh Mukhtasar Khalil (2/263).]

2.That the fidyah is not waived and still required, even forgetting is forgiven due to forgetfulness. This was the view of Al-Khatib Al-Sharbini among the Shafi’es, 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 the view of some of the Malikis.

[See: Mawahib Al-Jalil Sharh Mukhtasar Khalil (2/450).]

The Correct View

The more correct view is the first view above, meaning that the fidyah is not required, because in the case if someone who forgot, he is forgiven-not accountable of his misdeeds which mean that there is no sin and the fidyah is waived for three reasons:

1.The general meaning of the verses and ahadith which say that people are not held accountable in cases of forgetting, such as the verse in which Allah says:

“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 the fidyah is required in the first place, even in the case of one who delays making up the fasts deliberately. The Hanafis and Zahiris are of the view that it is not obligatory and Shaikh Ibn ‘Uthaimin was of the view that it is not mustahabb, because there is no hadith to suggest that it is prescribed except from the actions of some of the sahabah, 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 Allah has granted an excuse[forgiven].

Thus one has to make up the missed fasts, and he does not have to feed the poor [fidyah], what he should make them up after Ramadhan.

The Issue of Fidyah [expiation]

The condition to pay fidyah, feeding the poor would arise due to the following situation.

1.When someone is given an exemption from fasting due to :

1.1.Sickness, that have no chances to recover:

Allah Says:

 “…And upon those who are able [to fast, but with hardship]-a ransom [as substitute] of feeding a poor person [each day]… "

[Al-Baqarah, 2:184]

1.2.Old Age which makes difficult to observe the fast:

Ibn ‘Abbas (radiallāhu`anhu) said: “It was permitted for the very elderly man (or woman) to feed a poor person for every day (that he did not fast), and he did not have to make up for the days.”

[Ad-Daraqutni and Al-Hakim]

2.If someone intentionally breaks the fast by having sexual intercourse with the wife [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 [60 days] and if he is unable to do so,] then to he has feed sixty poor and needy people [fidyah].This is in pursuance of a hadith narrated by Abu Hurairah RA that a person came to see the Apostle of Allah (sallallāhu 'alayhi wa sallam) and said:

“O Messenger of Allah, I am undone. The Holy Prophet (sallallāhu 'alayhi wa sallam) asked him: What has brought about your ruin? The man said: I have had intercourse with my wife during the month of Ramadhan. Upon this the Prophet (sallallāhu 'alayhi wa sallam) said: Can you find a slave to set him free? He said: No. Then Prophet (sallallāhu 'alayhi wa sallam) said: Can you observe fast for two consecutive months? He said: No. The Prophet (sallallāhu 'alayhi wa sallam) then said: Can you provide food to sixty poor people? He said: No. He then sat down and (in the meanwhile) it was brought to the Apostle of Allah (sallallāhu 'alayhi wa sallam) a basket which contained dates. The Prophet (sallallāhu 'alayhi wa sallam) finally said: Give these (dates) in charity. The man said: Am I to give to one who is poorer than me? There is no family poorer than mine between the two lava plains of Madinah. The Apostle of Allah (sallallāhu 'alayhi wa sallam) broke into laughter that his molar teeth became visible and said: Go and give it to your family to eat.”

 [Muslim]

3. Delaying Making Up Fasts. [Majmu’ Fatawa al-Maqalat li’l-Shaikh Ibn Baaz, 6/19.]

What is meant by feeding a poor person here is giving half a saa’ of the local staple food for each day; half a saa’ is equivalent to one and a half kilograms.

And Allah Almighty Knows best.

[ Islam Q&A ]