Q&A (Fatwa)

#584: Ruling on How to compensate for the Missed Fast of a Deceased

QUESTION

” Salamu’alaikum, I have a similar question but in my case the sister past away during child birth.and she missed her fast for 2013 due to pregnancy and after given birth she couldn’t pay back her fast due to some illnesses. And got pregnant 2015 also but didn’t fast any for that year while after the Ramadan period she dies during child birth.pls in her case, are we to fast for the deceased or what are we to do .jazakhalahu bikhair”

ANSWER

Wa alaykum Salām Warahmatullāh Wabarakātuh.

Alhamdulillāh.

With respect to a woman that passed away while she has some fasts that she missed and haven’t been able to compensate for, the Ulamā explained that there are two scenerios:

One, that she passed away before she had an opportunity to make up the compensation and she wasn’t negligent in its obligation.

Sharafu Al-Haqq Al-Adhīm Abādī – rahimahullāh – said in ‘Awnu Al-Ma’abūd’:

“The People of Knowledge are at a consensus that if a person were to break due to illness or journey and then was not negligent in compensating for what he missed but was unable to until be passed away, then there is no blame on him and it is not obligatory to feed the needy on his behalf, except for Qatādah for he said: feeding must be done on his behalf. A similar statement has been narrated from Tāwūs too.”

Imām An-Nawawī – rahimahullāh said:

“And if he has something of Ramadan uncompensated and he passes away, then it is to be seen, if his delay of compensating it is caused by an excuse that was followed by death, then nothing is compulsory upon him because it is an obligation he couldn’t do until death, just like Hajj. But if there was no more excuse for him and he was capable but did not fast until he passed away, then feeding must be carried out on his behalf for everyday he missed, one Mudd for a Miskīn. And among our Fellows (of our School) are those who say another position and it is that fasting must be done on his behalf based on the narration made by ‘Ā’ishah – radiyallāhu ‘anha – that the Rasūl – salallāhu alayhi wasallam – said: ‘Whomsoever dies while there is a fast pending upon him, his Next of Kin fasts on his behalf.” Agreed Upon

Then he (An-Nawawī) said:
“And what is mentioned categorically in Al-Umm (by Imām Ash-Shāfi’ī) is the first position, and it is the Sound position.”

Therefore, that there is nothing upon her in this situation was the Fatwa of Mālik, Abū Hanīfah, all of the Ulamā except for Qatādah and Tāwūs who held weak and contrary positions to the effect that feeding must be done on her behalf.

Two, that she has the opportunity to do the compensation but was negligent in its doing. This is what Imām An-Nawawī referred in the later statement.

The Ulamā differed on this, some of them held that feeding is to be done on her behalf, while others held that only fasting on her behalf is acceptable.

Imām Ibn Qudāmah Al-Maqdisī – rahimahullāh – mentioned in Al-Mughnī on behalf of majority of the Ulamā that the correct position in this scenario is that feeding must be done on her behalf and mentioned that it was the Fatwa of Ibn ‘Abbas and Ā’ishah – radiyallāhu ‘anhum, and the right position. And Allāh knowns best.

Inference
Therefore, if you are sure that your sister had no opportunity to compensate for the fast she missed in 2013 then there is no blame upon her and there is no compensation of feeding to be done by any of you. And, apparently, she died in child birth for the fast of 2015, there is therefore nothing upon her or you for the fast of 2015.

We ask Allāh with His most beautiful Names to make your sister a Shahīdah, to illumine her grave, to envelope her with His Mercy, to make her grave a Garden among the Gardens of Jannah, and to unite you and the entire family with her in the Gardens of Firdaws, āmīn.

Bārakallāhu fīkum.
Jazākumullāhu Khayran

7th Ramadān, 1439A.H.

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