Aya

1953
HT logo
 
 
 
               
 

:::
:::
 

Bismillahi Al-Rahman Al-Raheem

Series of Questions Addressed to the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah,
Ameer of Hizb ut Tahrir through his Facebook Page (Fiqhi)
Answer to Question
The Jurisprudential Opinions on Making up the Fasts
To: Ig Purwantama‎‏

Question

Assalam Alaikum Wa Rahmatullah Wa Barakatuh,

Our Sheikh, I would like to know the rule of Allah on this matter so that my heart becomes at ease.

I was in Jahiliyyah and I stopped fasting Ramadan deliberately without excuse. Then, Alhamdulilah, Allah sent His mercy on me so that I repent to Him.
How do I make up the missed fasts? Do I have to pay “fidiyah” every year or is it enough to make up the fasts?
I hope that you may answer these questions, our Sheikh.

Answer

Wa Alaikum Assalam Wa Rahmatullah Wa Barakatuh,

My brother, you said that you did not fast for a period of time deliberately without an excuse, and then after those years Allah guided you to the straight path, and now you fast ... and driven by Taqwa (piety) you want to make up the fasts of the months of Ramadan that you missed. I thank Allah for guiding you to good obedience, since you not only want to fast after being guided, but you are keen to make up the missed fasts of the months of Ramadan, May Allah bless you and grant you the best repentance and bestow upon you his grace and mercy.

My dear brother, we do not adopt in the acts of worship, but we leave it to the Muslim to follow any school of thought (mazhab) on fasting or prayer, etc.  I will remind you of some of the jurisprudential opinions on making up the missed fasts, and you can follow that which rests and reassures your heart:

1- In the book “Nihayat Al-Matlab Fi Dirayat Al-Mazhab” by its author Abdul Malik al-Juwaini, known as Imam of the Two Holy Mosques (deceased: 478 AH), who was of the jurisprudence (fiqh) of Shafi’i:
(Whoever misses a fast from the days of Ramadan and was able to make them up, he is not permitted to delay making them up to the following Ramadan, this is not recommended but it is obligatory, with the ability, and the elimination of the excuses. If there is delay in making up the fast to the following Ramadan, without any excuse, then it is obligatory to give a Mad (measure) of food with fasting for every day he missed. If he has delayed making up the fasts for two years or years, then regarding increasing the “fidyah” there are two opinions: first: that it is not increased, and what is obligated in the delay of one year is what is obligated in the delay of years, but the most accurate is to increase and renew the “fidiyah”. So the delay every year must be met with giving a Mad, so if he delays making the fasts by two years, with making up his fasts it is obligatory to give two Mad per missed day of fasting, so he increases as the years increases, and so on, this is regarding the “fidiyah”). This means that making up the fast of Ramadan for those who have not fasted it, must be made up before the next Ramadan, if there is delay after the arrival of Ramadan, then one must make up the fast and pay the “fidiyah”. His other opinion is that if the person delays making up the fast for two years for example, he must pay two “fidiyah” with making up the fasts, and so on.

2- In the book “Kashaf Al-Qina’ ‘An Matn Al-Iqna’” author Mansur Bin Younis Al-Bahouti Al-Hanbali (deceased: 1051 AH) wrote:
(Whoever has missed the fast of Ramadan in full or incomplete ... He has to make up the days ... It is permissible to delay making them up as long their time has not passed, which is the appearance of the crescent of the next Ramadan ... It is not permissible to delay them for another Ramadan without an excuse ... If the delay is to the next Ramadan or following Ramadans, the person has to make up the fasts together with feeding a Miskeen per missed day, which meets a Kafara, the “fidiyah” is not repeated by the number of Ramadans, because the period of delays do not increase the duty, just like if he delays the obligatory Hajj for years, he only has to perform the one Hajj). This means that those who missed fasting from Ramadan and did not make it up before the next Ramadan, they must make up the fast and pay “fidiyah”.

3- In the school of thought (Mazhab) of Abu Hanifa, only making up the fasts is required however long is the delay; if another Ramadan came ... one must make up the past missed fasts, and no “fidiyah” is necessary on the delay:

- In “Al-Mabsout” by Al-Surkhusi (deceased 483 AH (Hanafi jurisprudence):

He said: (A man has to make up days of the month of Ramadan, but he does not make them up before the next month of Ramadan, so he has to make up the past Ramadan and does not need to pay “fidiyah” on them, this is according to us but according to the Shafi’i (may Allah have mercy on him) the person has to pay and feed a Miskeen every day together with making up the fasts. We have the saying of Allah (swt):((فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ)) “then an equal number of days [are to be made up]”. [Al-Baqarah: 184] There is no time specified. The timing between the two Ramadans is an increase, this is a temporary worship, making it up is not specified by a time…)

- In “Bada’i al-Sanaye’ Fi Tarteeb Ash-Sharaye’ ” by Alaa al-Din, al-Kasani al-Hanafi (d. 587 AH):
(…Our followed school of thought that the obligation of making up the fasts is not timed, due to what we have mentioned that the making up the fast is absolute, and not specified by a time rather than other times, therefore it is general. Thus we say: If a person delays the making up of the Ramadan fasts till the arrival of the next Ramadan, he does not need to pay “fidiyah”).

This means that according to the mazhab of Abu Hanifa, the duty is to make up the fasting without paying the “fidiyah”, that is, to only make up the months that he did not fast.

As I mentioned to you at the beginning we do not adopt in the acts of worship, but I mentioned some views of the mazhab of Abu Hanifa, Shafi’i and Al-Hanbali (the Faqih), so follow what comforts your heart ... May Allah aid you to that which He loves and pleases Him.
I hope that this sufficient, Allah Knows Best and is Most Wise.

Your brother,
Ata Bin Khalil Abu Al-Rashtah


The link to the answer from the Ameer’s Facebook page:
https://web.facebook.com/AmeerhtAtabinKhalil/photos/a.122855544578192/1055764414620629/?type=3&theater

8 Ramadan 1440 AH

   
13.05.2019
   



Read more:-

Question & Answer: The OPEC+ Charter


Ameer’s Q & A: 18-Karat Gold has Value and Zakat is Paid for it


Question & Answer: The Bahrain Conference and Deal of the Century


Ameer’s Q & A: The Marriage and Slaughtered Meat of the Jews and Christians are Permitted


Ameer’s Q & A: Fi’l ul-Amr (The Command Verb)