Shariah Ruling on Makeup Fasts for the Deceased
Question: What is the Shariah ruling regarding keeping Qada (makeup) fasts on behalf of a deceased person? My father passed away after a long illness and he did not complete the fasts of the previous Ramadan. So, will his children or wife etc. keep fasts on his behalf, or is there no need for that?
Answer..!
Alhamdulillah..!
Remember that Salah (Prayer) and Sawm (Fasting) are two Fard Ayn (individually obligatory) acts of worship; performing them is binding and obligatory upon every person individually. It is not designated to abandon the obligatory fast of Ramadan without a Shariah excuse. If a person abandons a Fard fast without a Shariah excuse, there is no expiation (Kaffarah) for it; rather, it is binding upon him to repent to Allah and seek forgiveness for his sin. Qada (makeup) is only for those fasts which are missed on the basis of an excuse (i.e., travel, illness, etc.).
It is Wajib (obligatory) to make up for fasts missed due to travel or an illness from which there is hope of recovery. Therefore, if a person passes away without making up these fasts, even though he could have made them up, then these fasts remain a debt upon him. In such a case, it is Mustahabb (recommended) for the heirs of the deceased to fast on his behalf.
“There are three scenarios regarding the Qada of fasts due upon a deceased person:”
(First Scenario)
If the patient suffered from a chronic illness from which there was no hope of recovery, then there are neither fasts upon him nor Qada of fasts. Rather, for every day, he should feed one poor person (Miskeen). If he did this during his life, then it is fine; otherwise, his heirs should feed the poor on his behalf. Meaning, they should give Fidyah (expiation) in exchange for the fasts the deceased missed; feeding one poor person for every fast. Feed as many poor people as the number of fasts missed.
(Second Scenario)
However, if his illness was such that there was hope for recovery, then fasts were not Fard upon him during Ramadan due to the illness; rather, Qada is due upon him, meaning he would keep the missed fasts after recovering. But if he did not recover at all and could not perform the Qada due to remaining sick, and he passed away in this very illness, then nothing is due upon him—neither keeping fasts nor feeding the poor. And it is not binding upon his heirs to fast on his behalf, nor to feed people on his behalf.
(Third Scenario)
However, if he missed fasts in the case of illness or travel etc., and then he had the power/capacity to perform the Qada—meaning he found time to keep the fasts—but despite that, he did not keep the Qada fasts due to laziness, then it is Mustahabb for his heirs to keep fasts on his behalf for the number of days he missed. And if there is no one among the heirs to keep fasts, then the heirs should feed one poor person in exchange for every fast missed by the deceased.
This is because of the saying of the Holy Prophet (Peace be upon him):
Sahih Bukhari
Book: The Book of Fasting
Chapter: If a person dies and has fasts due upon him.
Hadith Number: 1952
حَدَّثَنَا مُحَمَّدُ بْنُ خَالِدٍ ، حَدَّثَنَا مُحَمَّدُ بْنُ مُوسَى بْنِ أَعْيَنَ ، حَدَّثَنَا أَبِي ، عَنْ عَمْرِو بْنِ الْحَارِثِ ، عَنْ عُبَيْدِ اللَّهِ بْنِ أَبِي جَعْفَرٍ ، أَنَّ مُحَمَّدَ بْنَ جَعْفَرٍ حَدَّثَهُ، عَنْ عُرْوَةَ ، عَنْ عَائِشَةَ رَضِيَ اللَّهُ عَنْهَا، أَنّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، قَالَ: مَنْ مَاتَ وَعَلَيْهِ صِيَامٌ، صَامَ عَنْهُ وَلِيُّهُ، تَابَعَهُ ابْنُ وَهْبٍ ، عَنْ عَمْرٍو ، وَرَوَاهُ يَحْيَى بْنُ أَيُّوبَ ، عَنِ ابْنِ أَبِي جَعْفَرٍ .
Translation:
Narrated by Muhammad bin Khalid, narrated by Muhammad bin Musa bin Ayan, narrated by his father, from Amr bin Al-Harith, from Ubaidullah bin Abi Ja’far, that Muhammad bin Ja’far told him, from Urwa, from Aisha (may Allah be pleased with her) that the Messenger of Allah ﷺ said: “Whoever dies and has fasts due upon him, his Wali (guardian/heir) should fast on his behalf.”
In the next Hadith, it is stated!
Sahih Bukhari
Book: The Book of Fasting
Chapter: If a person dies and has fasts due upon him.
Hadith Number: 1953
حَدَّثَنَا مُحَمَّدُ بْنُ عَبْدِ الرَّحِيمِ ، حَدَّثَنَا مُعَاوِيَةُ بْنُ عَمْرٍو ، حَدَّثَنَا زَائِدَةُ ، عَنِ الْأَعْمَشِ ، عَنْ مُسْلِمٍ الْبَطِينِ ، عَنْسَعِيدِ بْنِ جُبَيْرٍ ، عَنِ ابْنِ عَبَّاسٍ رَضِيَ اللَّهُ عَنْهُ، قَالَ: جَاءَ رَجُلٌ إِلَى النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ، فَقَالَ: يَا رَسُولَ اللَّهِ، إِنَّ أُمِّي مَاتَتْ وَعَلَيْهَا صَوْمُ شَهْرٍ، أَفَأَقْضِيهِ عَنْهَا ؟ قَالَ: نَعَمْ، قَالَ: فَدَيْنُ اللَّهِ أَحَقُّ أَنْ يُقْضَى، قَالَ سُلَيْمَانُ : فَقَالَ الْحَكَمُ وَسَلَمَةُ وَنَحْنُ جَمِيعًا جُلُوسٌ، حِينَ حَدَّثَ مُسْلِمٌ بِهَذَا الْحَدِيثِ، قَالَا: سَمِعْنَا مُجَاهِدًا يَذْكُرُ هَذَا عَنِ ابْنِ عَبَّاسٍ ، وَيُذْكَرُ عَنْ أَبِي خَالِدٍ ، حَدَّثَنَا الْأَعْمَشُ ، عَنِ الْحَكَمِ ، وَمُسْلِمٍ الْبَطِينِ ، وَسَلَمَةِ بْنِ كُهَيْلٍ ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ ، وَعَطَاءٍ ، وَمُجَاهِدٍ ، عَنِ ابْنِ عَبَّاسٍ ، قَالَتِ امْرَأَةٌ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: إِنَّ أُخْتِي مَاتَتْ، وَقَالَ يَحْيَى، وَأَبُو مُعَاوِيَةَ ، حَدَّثَنَا الْأَعْمَشُ ، عَنْ مُسْلِمٍ ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ ، عَنِ ابْنِ عَبَّاسٍ ، قَالَتِ امْرَأَةٌ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: إِنَّ أُمِّي مَاتَتْ، وَقَالَ عُبَيْدُ اللَّهِ ، عَنْ زَيْدِ بْنِ أَبِي أُنَيْسَةَ ، عَنِ الْحَكَمِ ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ ، عَنِ ابْنِ عَبَّاسٍ ، قَالَتِ امْرَأَةٌ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: إِنَّ أُمِّي مَاتَتْ وَعَلَيْهَا صَوْمُ نَذْرٍ، وَقَالَ أَبُو حَرِيزٍ ، حَدَّثَنَا عِكْرِمَةُ ، عَنِ ابْنِ عَبَّاسٍ ، قَالَتِ امْرَأَةٌ لِلنَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: مَاتَتْ أُمِّي وَعَلَيْهَا صَوْمُ خَمْسَةَ عَشَرَ يَوْمًا.
Translation:
Narrated by Muhammad bin Abdur Rahim, narrated by Muawiyah bin Amr, narrated by Zaidah, from Al-A’mash, from Muslim Al-Bateen, from Sa’id bin Jubair, and from Ibn Abbas (RA) that: A man came to the Messenger of Allah ﷺ and said: “O Messenger of Allah! My mother has passed away and she had one month of fasts due upon her. Can I make them up on her behalf?” He ﷺ said: “Yes. The debt of Allah has more right to be paid.”
Sulaiman Al-A’mash said that Hakam and Salamah said while we were all sitting when Muslim narrated this Hadith, they said: “We heard Mujahid mention this from Ibn Abbas.” And it is mentioned from Abu Khalid, narrated to us by Al-A’mash, from Al-Hakam, Muslim Al-Bateen, and Salamah bin Kuhayl, from Sa’id bin Jubair, Ata, and Mujahid, from Ibn Abbas that a woman said to the Prophet ﷺ: “My sister died…” Then he narrated the same story. Yahya, Sa’id, and Abu Muawiyah said, Al-A’mash narrated to us, from Muslim, from Sa’id, from Ibn Abbas that a woman said to the Prophet ﷺ: “My mother died…” And Ubaidullah said, from Zaid bin Abi Unaisah, from Al-Hakam, from Sa’id bin Jubair, from Ibn Abbas that a woman said to the Prophet ﷺ: “My mother died and she had a Vow (Nazar) fast due.” And Abu Hareez Abdullah bin Hussain said, Ikrimah narrated to us, from Ibn Abbas that a woman said to the Prophet ﷺ: “My mother died and she had fifteen days of fasts due.”
Meaning, if someone did not keep fasts due to an excuse, for example, Hayd (menstruation) and travel or a temporary illness from which there was hope of recovery, and then was capable of keeping fasts in Qada after Ramadan—meaning they found time to pay the debt of Ramadan fasts—but did not keep them due to laziness without an excuse and passed away in the meantime, then after that, it is Mustahabb for their Wali (heir) to keep fasts. And if there is no one to keep the fasts, then Fidyah for that many fasts should be paid from the deceased’s side.
Please review the Fatwas of the Noble Scholars:
In Aun al-Ma’bud, it is stated:
“The People of Knowledge agree on this: When someone abandoned fasts during illness or travel, and then did not show negligence in its Qada (making up) and died, then nothing is due upon him, nor is it obligatory to feed (the poor) on his behalf. However, Qatadah (RA) says: Food will be given on his behalf. And this is also narrated from Tawus.”
See: Aun al-Ma’bud (7 / 26).
And Sheikh Ibn Uthaymeen (RA) says in Majmoo al-Fatawa:
“Whoever did not keep fasts in the blessed month of Ramadan due to illness and then died before keeping the fasts in Qada, then Alhamdulillah there is no confusion in this issue, neither regarding texts (Nusoos) and traditions (Athar) nor regarding the speech of the People (of knowledge).
As for the texts, Allah Almighty says:
'So whoever among you is sick or on a journey, then (he shall fast) the same number of other days.' (Surah Baqarah)
So Allah, Glorified and Exalted, has made it obligatory to complete the count in other days. Therefore, if a person dies before reaching the time of obligation, he is just like the one who died before reaching the month of Ramadan; feeding (the poor) does not become obligatory upon him for the coming Ramadan, even if he died just a short while before it.
Also, this patient is still in his illness; fasts are not even Fard upon him. So when he died before recovering, he died before the fasts became Fard. Therefore, feeding on his behalf is not obligatory; because feeding is in exchange for fasting, and when fasting did not become obligatory, its substitute also did not become obligatory.
From here, the evidence of the Quran is established that if he could not keep fasts (due to death before recovery), then nothing is binding upon him.
And the evidence from Sunnah is:
The Prophet ﷺ said:
‘Whoever dies and has fasts due upon him, his Wali should fast on his behalf.’ Sahih Bukhari Hadith (1952), Sahih Muslim Hadith (1147).
The explicitly stated meaning (Mantuq) of this Hadith is obvious, and its implied meaning (Mafhum) is: One upon whom there are no fasts, if he dies, fasts will not be kept on his behalf. And from what has been stated above, you would have known that when the patient’s sickness is continuous and the sickness exists, fasts are not Fard upon him, neither as Ada (performance on time) nor as Qada (makeup).
As for the speech of the People of Knowledge, it is as follows:
It is written in Al-Mughni by Ibn Qudamah, Dar Al-Manar edition (3 / 241):
‘The summary of this is that the person who died and has fasts due upon him is not void of two states:
First State:
He died before the possibility of keeping fasts, either due to shortage of time, or due to illness or travel, or he was unable to keep fasts: Then according to the saying of the majority of the People of Knowledge, nothing is binding upon this person. It is narrated from Tawus and Qatadah that they both mandate feeding on this person; then after mentioning its reasoning, he also refuted this reasoning.
Then on page (341) he says:
Second State: He died after the possibility of keeping fasts. Then it is obligatory to feed one poor person for every day on this person’s behalf; this is the saying of the majority of the People of Knowledge. And this is also narrated from Aisha and Ibn Abbas (may Allah be pleased with them)…
Then he says: And the saying of Abu Thaur (RA) is: Fasts will be kept on his behalf; this is the saying of Imam Shafi’i. Then he reasoned with the Hadith of Aisha (RA) which we mentioned above.
And in Sharh Al-Muhadhdhab (6 / 343), publisher Maktaba Al-Irshad, it is stated:
‘Whoever dies due to illness or travel or other excuses and has fasts upon him, and he was unable to make up those fasts, then there are several schools of thought among scholars regarding this:
We have stated that in our Madhhab (School), nothing is binding upon him; neither will fasts be kept on his behalf, nor will food be fed on his behalf. There is no difference among us regarding this.
And this is the saying of Imam Abu Hanifa and the Jumhoor (Majority). Al-Abdari says: This is the saying of all scholars except Tawus and Qatadah. They both say: It is obligatory to feed one poor person for every day on his behalf. Then after mentioning its reasoning, he refuted it.
He says: Among our companions, Bayhaqi and others reasoned with the following Hadith of Abu Huraira (RA) that the Prophet ﷺ said:
‘When I command you to do something, do it to the extent of your ability.’
And in Al-Furu’ (3 / 39) printed by Al-Thani, it is recorded:
‘And if he delayed in making Qada until he died before the Qada: If this delay was due to an excuse, then nothing is binding upon him. Due to the lack of evidence, he stated this in agreement with the three Imams.’
So it becomes clear from this that there is no confusion in this issue. If an excuse remains and continues, then Qada of fasts will not be done for the person who died without keeping fasts, and similarly, food will not be fed on his behalf.
However, if his illness is such that there is no hope of recovery from it, then at that time he will be like that old man who does not have the strength to keep fasts. Therefore, food will be fed on his behalf; because this is what was obligatory upon him in exchange for fasts during his life as well.
And regarding what the People of Knowledge have established in this issue, the self feels no hesitation about it. And from what we have written in the lines above, you would have known that if it were not narrated from Tawus and Qatadah, there was almost going to be a consensus (Ijma) on this.” End quote.
(See: Majmoo Fatawa Ibn Uthaymeen _ 19 What is Mustahabb and Makruh and the ruling of Qada.)
And in the Fatwas of the Saudi Permanent Committee, there is the following question:
(In Ramadan of 97 AH) my mother was sick and could not keep eight fasts from it, and she died three months after Ramadan. So should I keep eight fasts on her behalf? And is it possible to delay these fasts until after the Ramadan of (98 AH), or should I give charity on her behalf?
The answer of the Fatwa Committee was:
“If your mother had recovered after the blessed Ramadan in which she missed eight fasts, and she remained recovered before dying and had the capacity to make up the fasts, but died without making Qada, then it is Mustahabb for you or any of her relatives to keep eight fasts on her behalf; because of the saying of the Noble Messenger ﷺ:
‘Whoever dies and has fasts due upon him, his Wali should fast on his behalf.’ Agreed upon.
And it is permissible to delay the fasts, but keeping fasts quickly while having the power is better and superior.
However, if she remained continuously sick and died in the state of sickness and did not have the capacity to make up the fasts, then fasts will not be kept on her behalf, because she was never able to keep fasts in Qada.
The evidence for this is the general command of Allah Almighty:
Allah does not burden a soul beyond that it can bear.
And the command of Allah Almighty:
So fear Allah as much as you are able. End quote.
See: Fatawa Al-Lajnah Al-Daimah lil-Buhuth Al-Ilmiyyah wal-Ifta (10 / 372).
And Allah knows best.
Similarly, a question was asked regarding this on the Saudi Fatwa Website:
Question:
My late father was punctual in prayers and used to help everyone, stranger or kin. He had performed Hajj on his own behalf and on behalf of his parents. I was still young when he passed away. But one day my mother worried us by telling us that he did not keep fasts during his entire marital life (approximately 11 or 12 years), and she does not know about the fasts before marriage. My mother says that the reason my father stated for not keeping fasts was that in the 70s and 80s, keeping fasts as a truck driver was very heavy on him, because at that time there were no air-conditioned trucks, and he used to perform long duties in the Gulf deserts!! I know that this reason is insufficient to abandon fasting, but this is what my mother told us.
Now my question is, how do we give Qada for the fasts of all these years on behalf of our father? We do not even know the correct number, nor do we know how many fasts he missed in his sixty-year life?
And there is a question regarding my mother as well: Before marriage, when she became an adult, she did not keep fasts due to being ignorant of the importance of fasts; because she lived in a village at that time. She started following Shariah after marriage. Now she also does not know correctly how many years she did not keep fasts; because 36 years have passed since then; so how should she give Qada for these fasts?
Answer:
Alhamdulillah:
First:
It is Wajib to give Qada for fasts missed due to travel and illness where there is hope of recovery. Thus, if a person dies without giving Qada for these fasts although he could have given Qada, then these fasts remain a debt upon him. In such a case, it is Mustahabb for the heirs of the deceased to keep fasts; the evidence for this is the Hadith of Aisha (RA) that the Messenger of Allah ﷺ said: (Whoever dies in a state that fasts were due upon him, then his Wali will fast on his behalf) Bukhari: (1952) Muslim: (1147).
However, if he dies before acquiring the ability to give Qada, for example, that very illness becomes the cause of death, then in such a case, there will be no fasts upon him, nor will the heirs of the deceased fast on his behalf.
However, the person who abandons fasts without any excuse only due to laziness and lethargy, such a person cannot keep fasts (later as Qada), and even if he keeps them, these fasts of his will not be valid; because the time for keeping the fasts has passed.
The detail of this matter has passed earlier.
Therefore, on this basis:
We feel that since your father was punctual in prayers and gave charity, he could not have abandoned fasts without any excuse. So only one scenario remains, that he did not keep fasts due to being on a journey. Now it is not known whether he used to give Qada for the fasts during travel in the winter days or not? – Your mother also does not know this – Also, did he get the opportunity to give Qada for these fasts while staying at home or not? Or did he always remain on travel because his job was such that he never got the opportunity to give Qada for fasts and he passed away in this state.
Keeping all these possibilities in view, it will be said that: If you cannot access the reality, and you keep fasts on his behalf according to your capacity, then this will be a good deed. In Sha Allah, you will definitely get its reward. Be clear that in this case, keeping fasts on his behalf is not Wajib upon you. Similarly, determining the exact certainty of how many years he did not keep fasts is also not mandatory. Therefore, the number of these years should be determined by Zann-e-Ghalib (predominant assumption) and estimation, and you should keep fasts on his behalf according to your capacity. This will be your kindness towards your father. But be clear that these fasts should not become a hindrance in responsibilities more important than this for you.
All heirs can also play their role to give Qada of fasts on behalf of your father, and for whom it is difficult to keep a fast, they should feed one poor person in exchange for every day.
Sheikh Ibn Uthaymeen (RA) says:
“It is Mustahabb for the Wali to keep fasts on behalf of the deceased. If the Wali does not keep fasts, we will say that: Analogizing it to the Fard fast, he should feed one poor person in exchange for every day.”
Similarly, at another place, he said:
“For example, if it is said that a man has 15 sons and each son keeps 2 fasts out of 30, this would be correct. Similarly, if the number of heirs is 30 and everyone keeps one fast each, this would also be correct; because in this way the count of 30 fasts is completed. Also, whether everyone fasts on a single day or keeps fasts one after another until thirty fasts are completed, there is no difference in both.” End quote.
“Al-Sharh Al-Mumti” (6/ 450- 452)
Second:
Regarding the fasts your mother abandoned after puberty and before marriage, the detail is as follows:
1- The fasts she abandoned due to laziness and lethargy without any excuse, she cannot give Qada for those fasts, as the explanation has passed earlier.
2- The fasts she abandoned due to Hayd (menstruation), travel, and illness, giving Qada for them is mandatory upon her. She should determine their number to an extent that the heart is satisfied that the number of fasts will be completed. And Allah knows best.
https://islamqa.info/ar/answers/174581
(Source: Islam Question and Answer)
( And Allah knows best what is correct )
Reference: https://alfurqan.info/problems/1628
