Ruling on paying fidyah for delaying making up missed fasts before making them up

Q) 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?

 

A) 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 fulfil 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

 

Should he start with the six days of Shawwaal before making up missed fasts, if there are not enough days left?

Q)  Is it permissible to fast the six days of Shawwaal before making up days that I did not fast in Ramadaan, if there is not enough time left in the month to do both? May Allaah reward you with good.

 

A)  Praise be to Allaah.  

 

Fasting six days of Shawwaal is dependent upon having completed the Ramadaan fast, according to the correct view. This is indicated by the words of the Prophet (peace and blessings of Allaah be upon him): “Whoever fasts Ramadaan then follows it with six days of Shawwaal, it will be as if he fasted a lifetime.” Narrated by Muslim, 1164. 

 

The conjunction thumma (then) indicates that this must be done in this order. This indicates that the fast of Ramadaan must be completed first (by observing the Ramadaan fast and making up any missed fasts), then after that one may fast the six days of Shawwaal, so as to attain the reward mentioned in the hadeeth. 

 

The one who still owes missed Ramadaan fasts is said to have fasted part of Ramadaan; we cannot say that he has fasted Ramadaan. 

 

But if a person has an excuse that kept him from fasting the six days of Shawwaal in Shawwaal because he had to make up missed fasts – such as a woman who was bleeding followed childbirth and spent all of Shawwaal making up for Ramadaan – then she may fast six days of Shawwaal in Dhu’l-Qa’dah, because she was excused. Similarly for anyone who has an excuse it is prescribed to make up the six days of Shawwaal in Dhu’l-Qa’dah, after making up the missed Ramadaan fasts. But the one who lets the month of Shawwaal go by without fasting these days and with no excuse, will not attain this reward. 

 

Shaykh Ibn ‘Uthaymeen was asked: What if a woman owes days from Ramadaan – is it permissible for her to give precedence to fasting the six days of Shawwaal over making up the days she owes, or should she give priority to the days she owes over fasting the six days of Shawwaal? 

 

He replied: If a woman still owes days from Ramadaan, then she should not fast the six days of Shawwaal until after she has made up what she owes, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever fasts Ramadaan then follows it with six days of Shawwaal…” Whoever still has days to make up from Ramadaan has not fasted Ramadaan, so she will not attain the reward of fasting the six days of Shawwaal until after she has finished making up the days she owes. If we assume that this making up missed fasts lasts throughout Shawwaal, such as if a woman was bleeding following childbirth and did not fast at all in Ramadaan, then she started to make up her missed fasts in Shawaal and did not finish that until Dhu’l-Qa’dah began, then she may fast the six days, and she will have the reward of one who fasted them in Shawwaal, because she delayed it for a necessary reason, so she will have the reward. 

 

Majmoo’ al-Fataawa, 20/19. See also questions no. 4082 and 7863. 

 

In addition to that, it is obligatory to make up missed fasts for the one who had an excuse, indeed that is part of this pillar of Islam. Based on this, hastening to do it and to discharge this duty takes priority over doing actions that are mustahabb. See question no. 23429.

 

 

Islam Q&A

If a person did not fast at all in Ramadaan, does he have to make up 30 days or the number of days that were in the month?

Q) During Ramadaan my wife was bleeding following childbirth and she did not fast any day at all. She wants to make them up in sha Allaah later on. My question is, should she make up the number of days that the people fasted during this month, i.e., if the month was only 29 or 28 days, and did not reach 30 days, should she make up what the people fasted, or does she have to fast 30 days whatever the case?

 

A) Praise be to Allaah.

 

If a Muslim did not fast at all in Ramadaan, because of an excuse such as travelling, sickness or nifaas (postpartum bleeding), then he (or she) has to make up the number of days, 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] 

 

If Ramadaan was complete, then he should make up thirty days, and if it was twenty-nine days, he should make up that number. It is not possible for a lunar hijri month to be twenty-eight days. 

 

Some scholars are of the view that he should make it up as thirty days, or fast for a lunar month. It says in al-Insaaf (3/333): If a person has missed Ramadaan entirely, whether the month was complete (thirty days) or not (twenty-nine days), because of an excuse such as being held prisoner and the like, he should make up the number of days whatever it is, like the numbers of prayers, according to the correct view. According to al-Qaadi, if he fasts for a lunar month that will be sufficient, whether it is complete or not. If he does not fast for a month then he should fast for thirty days. 

 

Based on the former opinion, whoever fasts twenty-nine days from the beginning of a complete month or from the middle of a month, if the Ramadaan that he missed was twenty-nine days, this is sufficient, based on the number of days. According to the second view, he should fast an extra day so as either to complete the month or the number of thirty days. End quote. 

 

It says in Manh al-Jaleel (2/152): If a person does not fast in Ramadaan at all and the month was thirty days, and he makes it up during a lunar month that turns out to be twenty-nine days, then he should fast another day. But if it is the other way round, he does not have to fast the last day, because Allaah says, “the same number (should be made up) from other days”. This is the well known view. Ibn Wahb said: If he fasts following the lunar month whatever he fasts will be sufficient, even if the month is twenty-nine days and Ramadaan was thirty days. End quote. 

 

Conclusion: Your wife should make up the number of days of the month, even if it was twenty-nine days. 

 

And Allaah knows best.

 

 

Islam Q&A

She fasted to make up days from Ramadaan without her husband’s permission

Q)  A woman made up fasting two days she missed of Ramadaan without her husband permission (she did not tell him). She felt shy to tell her husband. If it was not permissible for her to do this, should she expiate?

 

A)  Praise be to Allaah.

 

A woman has to make up the days that she did not fast in Ramadaan even if that is without her husband’s knowledge, and when it comes to an obligatory fast, her husband’s permission is not essential. So the fast of the woman mentioned is valid. As for non-obligatory fasts, a woman should not fast when her husband is present except with his permission, because the Prophet (peace and blessings of Allaah be upon him) forbade women to fast when their husbands are present without their permission, apart from Ramadaan. 

 

And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. 

 

 

Fataawa al-Lajnah al-Daa’imah li’l-Buhooth al-‘Ilmiyyah wa’l-Ifta (10/353).

He did ‘umrah during the day in Ramadaan and felt tired and exhausted so he broke his fast

Q)  I have a brother who is 18 and a sister who is 17. They went one day in Ramadaan after Fajr and started to do ‘Umrah, but they felt so tired and exhausted when they were doing saa’i that they thought they were going to die, so they drank some water whilst they were doing saa’i. What should they do, because that was three years ago?

 

A)  Praise be to Allaah.

 

If your brother and sister had done ‘umrah and they were travelling, there is nothing wrong with them breaking the fast, because it is permissible for the traveller to break the fast in Ramadaan, as Allaah says (interpretation of the meaning): 

 

“and 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] 

 

But if they were not travelling and they broke their fast because of the tiredness and exhaustion that you mention and because they were afraid they might die, there is no sin on them for that, because Allaah has granted a concession allowing the sick person not to fast, so whoever finds himself experiencing such hardship comes under the same ruling as one who is sick. 

 

In either case (whether they were travelling or not), there is no blame or sin on them, but they have to make up a day to replace that day. 

 

As for their ‘umrah, if they did all the obligatory and essential parts of it, then it is valid in sha Allaah. 

 

And Allaah knows best.

 

 

Islam Q&A

Messages sent on SMS by islam.ws 7

1) For women going for ‘Umrah: Menstruation does not prevent a women from entering ihram for ‘Umrah. She should enter ihram from the meeqat, but she should wait until she becomes pure before doing tawaaf and completing her ‘Umrah.

2) The one who is observing i’tikaf can go out for essential things such as relieving himself, ghusl from janabah, and eating if he does not have anyone to bring food. He should not go out unnecessarily even to visit the sick or attend a funeral (unless he stipulated that). From Shaykh al-Barrak: The person in i’tikaf can go out of the door of the mosque to ask for food (or to order it); there is nothing wrong with recieving it in the mosque after that, and paying the worker who brought it, because it is a debt that he owes.

3) The wives of the Prohet (peace be upon him) observed i’tikaf, but a women can only observe i’tikaf with her husband’s permission and if the place in the mosque is secure. I’tikaf is invalidated by nenses. If it is not possible for a women to observe i’tikaf, she should do a lot of acts of worship in her house, and she will be rewarded.

4) It is not permissible to miss Fajr prayer for the sake of qiyam al-layl. It is not permissible to omit an obligatory deed for the sake of a nafil deed. Let’s strive in these last days to pay attention to both obligatory and nafil actions, so that Allah will love us.

5) According to the correct opinion, one of the reasons why Laylat al-Qadar was concealed and may move among the last ten days is so that one will strive completely every night. A person, hoping that it will be Laylat al-Qadar, will worship properly and offer sincere dua’ every night, and wi that will help him through the rest of the year.

6) If a person is too busy or is not able to stand with the Imam for the second qiyam, he should not omit the rest of the prayer. After the first qiyam he may pray by himself or in congregation with his family. He should try to make it long and pray Witr. Do not miss out on the reward!

7) Laylat al-Qadar is blessed and full of virtue. On it the Qur’an was revealed, and it is better than worshipping for 83 years. The decrees concerning the provision and the lifespan of people are transferred from al-Lawh al-Mahfooz to the books of the angels, who are safe from the devils and punishment.

8) Laylat al-Qadar is a bright, clear and mild night when angels more numerous than the pebbles come to earth. The sun rises on the following morning weak and red with no rays. The one who spent that night in prayer out of faith and seeking reward is forgiven.

9) When a horse appoaches the end of its race, it does its best. Whoever does his best during the time that remains, Allah will forgive him for what has passed. What matters is ending perfectly even if the start was imperfect.

10) Zakaat al-fitr is purification for a fasting person’s shortcomings. Feeding the poor and needy means giving a saa’ of the local staple food (approx. 3kg of rice for e.g.), not cash. It is given on behalf of oneself and each of those on whom one is obliged to spend (wife, children, parents-although they may give it on their own behalf). It is mustahabb to give it on behalf of a fetus, but not obligatory. It may be given on the 28th, 29th or 30th of Ramadan. It should be given in the country where one is for Eid.

Paying zakaah al-fitr one week before Eid

Q)  I paid zakaah al-fitr more than a week before Eid. Is that valid? If it is not valid, then what should I do?

 

A)  Praise be to Allaah.

 

Firstly: 

 

The scholars differed concerning the earliest time when zakaah al-fitr may be paid, and there are several views. 

 

1 – That it should be paid two days before Eid. This is the view of the Maalikis and Hanbalis. They quoted as evidence the hadeeth of Ibn ‘Umar (may Allaah be pleased with him) who said: They used to give (zakaat) al-fitr one or two days before (Eid). Narrated by al-Bukhaari (1511). 

 

Some of them said it may be given three days before Eid, because of the report in al-Mudawwanah (1/385) according to which Maalik said: Naafi’ told me that Ibn ‘Umar used to send zakaat al-fitr to the one who was collecting it two or three days before (Eid) al-Fitr. 

 

This view was favoured by Shaykh Ibn Baaz (may Allaah have mercy on him) as it says in Majmoo’ al-Fataawa (14/216). 

 

2 –That it is permissible to give it from the beginning of Ramadaan. This is the view of the Hanafis and is the correct view according to the Shaafa’is. See: al-Umm (2/75), al-Majmoo’ (6/87) and Badaa’i’ al_Sanaa’i’ (2/74). 

 

They said: because the reason for giving charity is fasting and then breaking the fast, so if one of these two reasons is present it is permissible to hasten it, just as it is permissible to hasten giving the zakaah of one’s wealth after taking possession of the nisaab and before one full year has passed.  

 

3 – That it is permissible to give it from the beginning of the year. This is the view of some of the Hanafis and some of the Shaafa’is. They said: because it is zakaah and they likened it to the zakaah of one’s wealth with regard to paying it in advance in all cases. 

 

The most correct view is the first one. 

 

Ibn Qudaamah said in al-Mughni (2/676): 

 

The reason why it is obligatory is the breaking of the fast, which is indicated by the fact that it is mentioned in conjunction with it. The purpose behind it is to make the poor independent of means at a specific time, and it is not permissible to pay it in advance of that time. End quote. 

 

Shaykh Muhammad ibn Saalih al-‘Uthaymeen (may Allaah have mercy on him) was asked, as it says in Majmoo’ al-Fataawa (18/zakaat al-fitr/question no. 180): 

 

I paid zakaat al-fitr at the beginning of Ramadaan in Egypt before I came to Makkah, and now I am staying in Makkah al-Mukarramah. Do I have to pay zakaat al-fitr? 

 

He replied: 

 

Yes, you have to pay zakaat al-fitr, because you paid it before its time came. The phrase “zakaat al-fitr” is composed of two words, which explains the reason for the zakaah, which is breaking the fast (fitr).  

 

So zakaat al-fitr is mentioned in conjunction with the fitr (breaking of the fast) because that is the reason for it, and it is known that breaking the fast of Ramadaan occurs only on the last day of Ramadaan, so it is not permissible to pay zakaat al-fitr except when the sun has set on the last day of Ramadaan, except that there is a concession allowing it to be paid one or two days before. Otherwise the proper time for it is after sunset on the last day of Ramadaan, because that is the time when the Ramadaan fast is to be broken. Hence we say that it is better to pay it on the morning of Eid if possible. End quote. 

 

Secondly: 

 

It is permissible to give zakaat al-fitr to a deputy to pay it on your behalf through a charity or trustworthy people etc at the beginning of the month, so long as you stipulate to the deputy that it is to be paid one or two days before Eid, because the proper way of paying it is to give it to poor and needy people who are entitled to it; this is what is mentioned in sharee’ah, that it is limited to one or two days before Eid. Acting as someone’s deputy in paying it comes under the heading of cooperating in righteousness and piety, and there is no time limit for that. 

 

This has been discussed in the answer to question no. 10526. 

 

To conclude: Paying zakaat al-fitr one week before Eid is not valid, and you have to pay it again, unless you gave it to someone whom you delegated to pay it such as a charitable organization that will pay it at the proper time, one or two days before Eid. In that case you have done what is required of you and it is regarded as zakaah that is valid and acceptable in sha Allaah. 

 

And Allaah knows best.

 

 

Islam Q&A

What can a woman who is menstruating do on Laylat al-Qadr?

Q) I was wondering what a woman can do on laylat al-qadr if she is menstruating at that time. can she earn extra rewards for engaging herself in worship? if so, what is permissible for her to do so that night?

 

A)  Praise be to Allaah.  

 

A woman who is menstruating may do all acts of worship apart from praying, fasting, circumambulating the Ka’bah and doing i’tikaaf in the mosque. 

 

It was narrated that the Prophet (peace and blessings of Allaah be upon him) used to stay up at night during the last ten nights of Ramadaan. Al-Bukhaari (2401) and Muslim (1174) narrated that ‘Aa’ishah (may Allaah be pleased with her) said: “When the last ten nights of Ramadaan came, the Prophet (peace and blessings of Allaah be upon him) would refrain from marital relations, stay up at night and wake his family up.”  

 

Staying up at night is not only for prayer, rather it includes all kinds of acts of worship. This is how the scholars interpreted it. 

 

Al-Haafiz said: “Staying up at night” means staying up to do acts of worship. 

 

Al-Nawawi said: spending the night staying up to pray etc. 

 

He said in ‘Awn al-Ma’bood: i.e., in prayer, dhikr and reciting the Qur’aan. 

 

Praying qiyaam is the best act of worship that a person can do on Laylat al-Qadr. Hence the Prophet (peace and blessings of Allaah be upon him) said: “Whoever spends the night of Laylat al-Qadr in prayer out of faith and in hope of reward, his previous sins will be forgiven.” (Narrated by al-Bukhaari, 1901; Muslim, 760). 

 

Because the woman who is menstruating is not allowed to pray, she can spend the night in doing other acts of worship apart from prayer, such as: 

 

1-     Reading or reciting Qur’aan. See question no. 2564.

 

2-     Dhikr – such as saying Subhaan-Allaah, La ilaaha illa-Allaah, al-Hamdu Lillaah, etc. She can repeat the words “Subhaan-Allaah wa’l-hamdu Lillaah, wa laa ilaaha ill-Allaah, wa Allaahu akbar (Glory be to Allaah, praise be to Allaah, there is no god but Allaah and Allaah is Most Great)” and “Subhaan Allaah wa bi hamdihi, subhaan Allaah il-‘Azeem (Glory and praise be to Allaah, glory be to Allaah the Almighty)” etc.

 

3-     Istighfaar (praying for forgiveness), by repeating the phrase “Astaghfir-Allaah (I ask Allaah for forgiveness).”

 

4-     Du’aa’ (supplication) – she can pray to Allaah and ask Him for what is good in this world and in the Hereafter, for du’aa’ is one of the best acts of worship. The Prophet (peace and blessings of Allaah be upon him) said, “Du’aa’ is ‘ibaadah (worship).” (Narrated by al-Tirmidhi, 2895; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi, 2370).

 

 The woman who is menstruating can do these acts of worship and others on Laylat al-Qadr. 

 

We ask Allaah to help us to do that which He loves and which pleases Him. May Allaah accept our righteous deeds.

 

 

Islam Q&A

Fasting person using cream to moisturize the lips

Q)  What is the ruling on a fasting person using cream to treat dryness of the lips?

 

A)  Praise be to Allaah.

 

There is nothing wrong with a person using something to moisturize the lips and nose, or wetting them with water or with a cloth and the like. But he must take care to avoid letting any of these moisturizers reach his stomach, but if any of that reaches his stomach without him intending it to, there is no sin on him, just as if he were to rinse his mouth and some water were to reach his stomach without him intending it to, that does not break his fast. End quote. 

 

 

Fataawa Ibn ‘Uthaymeen, 19/224.

Why isn’t the puffer for asthma regarded as breaking the fast?

Q)  I would like a detailed answer: why isn’t the puffer that is used by people who have asthma regarded as breaking the fast?

 

A)  Praise be to Allaah.

 

The puffer is a container in which there is a liquid medicine composed of three things: chemical substances (medical preparation), water and oxygen. 

 

When pressure is applied to the puffer, the medicine comes out in the form of a mist. If the patient takes a deep breath in when applying pressure to the puffer, this mist enters the airway (trachea), but some of it remains in the pharynx, and a very small amount of it may enter the oesophagus.  

 

Some contemporary scholars are of the view that using a puffer invalidates the fast. They said: Because the contents of the puffer may reach the stomach via the mouth, so it breaks the fast. 

 

But most contemporary scholars are of the view that using this puffer does not break the fast, and this view is the correct one. They quoted a number of things as evidence for this: 

 

1. The basic principle is that the fast remains valid, and this fact cannot be altered except when there is certain proof. Whether part of the mist from the puffer reaches the stomach is something uncertain: it may enter the stomach or it may not, because the basic principle is that this substance goes to the respiratory system, but some of it may enter the stomach. With this uncertainty we cannot say that it invalidates the fast. This is the answer to the evidence for the first opinion. 

 

2. Assuming that some of this medicine does actually enter the stomach, it is forgiven, and does not invalidate the fast, by analogy with rinsing the mouth and using the miswaak. 

 

With regard to rinsing the mouth: when the fasting person rinses his mouth, some of that water remains in his mouth, and some of that water may go down to the stomach. Hence if he rinses his mouth with water in which there is a radioactive substance, that radioactive substance will appear in his stomach after a while, which confirms that some of the water used for rinsing the mouth does go down into the stomach. But this part that goes down into the stomach is a very small amount, which is overlooked in sharee’ah. The ruling is that the fast is still valid if one rinses the mouth. The amount of medicine from a puffer that reaches the stomach – if any – is smaller than the amount of water that reaches the stomach when one rinses the mouth, so it is more likely that it does not break the fast. 

 

As for the siwaak, it contains a substance that dissolves in the saliva and goes down into the pharynx, and then to the stomach. But Islam overlooks this, and does not regard it as invalidating the fast, because it is a small amount and is not intentional. Similarly the part that may go down into the stomach from the puffer is small, and the patient does not intend for it to enter the stomach, so it does not break the fast, by analogy with the miswaak. 

 

Thus the strength of the second view is apparent. This is the view favoured by our contemporary scholars: Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him), Shaykh Muhammad ibn al-‘Uthaymeen, Shaykh ‘Abd-Allaah ibn Jibreen, and the scholars of the Standing Committee. We have quoted some of their fatwas concerning this in the answer to question no. 37650. 

 

See: Majallat al-Fiqh al-Islami (vol. 10, in which there are a number of articles about modern things that break the fast); Muftiraat al-Siyaam al-Mu’aasirah, by Dr. Ahmad al-Khaleel, p. 33-38.

 

 

Islam Q&A