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Concerning Fasting
  The Rulings of Ramadaan
Author: Islamic Society of the University of Essex
Article ID : IBD090003  [31725]  
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Ibn Abbaas (R) said that the Messenger of Allaah (S) said : "The night of Qadr is a night of generosity and happiness, it is not hot and neither is it cold. The sun comes up in its morning weak, reddish." [Tabaranee, Ibn Khuzaimah and Bazzaar]

14. AL-QADAA: (Making up the issued days of Fasting)

It is not compulsory (waajib) to make up the missed days of Ramadaan immediately.
The compulsion to make it up is as one is able to as ''Aaeisha (R) said: "I used to have to make up for some of the Fast of Ramadaan and I would not be able to do it until the following Sha'baan." (Al-Bukhari and Muslim)

Al Hafidh ibn Hajar said: "In this hadeeth there is proof to indicate that it is allowed to delay the making up of the missed days of fasting for an indefinite time be it that there is a reason for not making it up or not."

However, it is known that it is preferred to make it up as early as possible because of many proofs to indicate that the muslim must hasten to do good and not postpone it for later. Allah (T) said, which means:

{And be quick in the race for forgiveness from your Lord, and for Paradise which is as wide as the heavens and the earth, prepared for the Muttaqeen (Allaah-fearing.} [Aali 'Imraan 3:133]

And Allah (T) also said, which means:

{It is these who race for the good deeds and they are foremost in them} [Muminoon 23:61]

It is also not compulsory to make up the missed days on successive days.
Allaah (T) said, which means:

{... but if you are ill, or on a journey, the same number (of days should be made up) from other days ...} [Al - Baqarah 2:183]

Ibn Abbaas said: "There is nothing wrong if someone separates (between the days he has to make up)." [Daarqutnee]

The scholars of this Deen agree that if someone is unable to fast, then he should feed one poor person for everyday he misses and that no one should fast on his behalf during his lifetime.
However, whoever dies and had an oath to fast that which he did not fulfill, then his wali (guardian, offspring) must fast on his behalf. This is established from the messenger of Allah (S) who said: "Whoever dies and there are some fast that he did not fast, then his wali must fast for him." [Bukhaaree and Muslim]

Whoever dies and he had some fast for an oath that he did not yet do, then it is allowed for the same amount of people to fast for the same amount of days that he has to make up for.

15. KAFFAARAH (Expiation for breaking a fast) AND FIDYAH (Ransom for the inability to fast)

Kaffaarah (Expiation)
1. Before we had mentioned the hadeeth of Abu Hurairah in relation to the man who intentionally had sexual intercourse during the day time of Ramadaan.

In that hadeeth it is established that he had to do make up for the day and also that he had to do Kaffarah (expiation). The expiation in this hadeeth is as follows:

i) freeing of a slave;
ii) if he did not find, then he must fast two consecutive months and
iii) if he is not able, then he must feed sixty miskeen (poor people)

It is also said the kaffarah (expiation) for intentional sexual intercourse during the daytime of Ramadaan is a matter of choice from among the three things mentioned above.

However, most of the scholars agree that the expiation in this case has a specific sequence and if the first is not met then the person moves to the second choice and so on. This latter opinion seems to be the more authentic of the two.

2. Whoever has to do Kaffaarah (expiation) and is not able to do any of the things prescribed by the hadeeth i.e. if he is not able to free a slave, nor fast two consecutive months, nor can he feed sixty miskeen (poor people), then he is not accountable because he does not have the ability to do any. The principle that applies here is that there is no responsibility except with ability, as Allah (T) said:

{Allah does not burden a person more than he can bear] [Al - Baqarah 2:283]

The principle is also established in the same hadeeth of the Messenger (S) when the man told him that he does not have the ability for ny of the things the Messenger (S) told him to do.

3. The Kaffaarah (expiation) is not obligatory on the woman because the situation arose between a man and his wife and the Messenger (S) only made one Kaffaarah (expiation) necessary. And Allah know best.

Al-Fidyah (Ransom)
1. The ruling for the pregnant and the breast-feeding women is the same if either of them are fearful for themselves or for their baby, then they can break the fast and feed for each day that they do not fast one (miskeen) poor person.

     Page 16 of 20
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