Making up missed days of Ramadan is an obligation that need
not be fulfilled immediately because the time for fulfilling
is very wide and one may perform it at any time. This is also
the case with the fast of expiation. It has been authentically
reported that 'Aishah would make up her missed days during the
month of Sha'ban (the month preceding Ramadan), and that she
did not perform them immediately even if she had the ability
to do so.
Observing the fast of Ramadan and making up the days are
the same with respect to the fact that if one day of Ramadan
is missed, then only one day needs to be made up. There is no
additional penalty. They differ about the fact that when a
person makes up the missed days he need not do so on
consecutive days. This is because Allah says: "For him
who is sick or on a journey, [the same] number of other
days"--that is, whoever is sick or traveling and breaks
the fast must fast the same number of days that he missed,
consecutively or unconsecutively.
Allah has ordered the fast in a general manner without any
restricting clauses.
As for making up the missed days of Ramadan, ad-Daraqutni
recorded from Ibn 'Umar that the Prophet said: "If you
wish, make them on nonconsecutive days and if you wish on
consecutive days."
If one delays performing the missed days of fasting until
the next Ramadan comes, he is to fast the present Ramadan and
then make up the days from the previous Ramadan. There is no
ransom payment to be made, regardless of whether the person
delayed the fasting due to some acceptable excuse or not. This
is the opinion of the Hanafiyyah and al-Hassan al-Basri. Malik,
ash-Shaf'i, Ahmad, and Ishaq agree that there is no ransom
payment if the fasting was delayed due to some excuse, but
they differ when the fasting was delayed without any
acceptable excuse. In such a case, according to them, the
person should fast the present Ramadan and then make up the
days he missed from the previous Ramadan along with a ransom
payment of a mudd of food given in charity each day. It should
be noted that they have no acceptable evidence for that
opinion. Apparently, the correct opinion is that of the
Hanafiyyah, as there is no lawmaking without an authentic
legal text to support it (that is, a Qur'anic verse or hadith).
The scholars agree that if an individual dies and has
missed some prayers during his life, his guardian or heir is
not to perform those prayers on his behalf. Similarly, if one
does not have the ability to fast, no one is to fast for him
while he is alive. There is a difference of opinion over the
case of one who dies and has not made up some days of fasting
although he had the ability to do so.
Most scholars, including Abu Hanifah, Malik, and the
Shaf'iyyah, say that the guardian or heir is not to fast on
such a person's behalf, but is to feed one person a day for
the missed days. The chosen opinion, however, among the
Shaf'iyyah is that it is preferred for the guardian to fast on
the deceased's behalf, thus fulfilling his duty. There is
therefore no need for him to feed anyone.
The meaning of guardian is near relative, whether it be an
agnate or an heir or someone else. If a non-relative fasts for
the deceased, it will only be valid if he got the permission
of the guardian.
The proof for the preceding is what Ahmad, al-Bukhari, and
Muslim recorded from 'Aishah. The Messenger of Allah, upon
whom be peace, said: "If one dies and has some fasts to
make up, then his guardian' should fast on his behalf."
Al-Bazzar added the words: "If he wishes to do so, while
Ibn 'Abbas related that a man came to the Prophet and said:
"O Messenger of Allah, my mother died and a month's
fasting was due from her. Should I fast on her behalf?"
The Prophet asked: "If your mother had a debt would you
fulfill it for her?" He said, "Yes." The
Prophet observed: "A debt to Allah has more of a right to
be fulfilled." This is related by Ahmad, atTirmizhi, an-Nasa'i,
Abu Dawud, and Ibn Majah.
An-Nawawi [one of the most knowledgeable of the Shaf'iyyah]
says: "That statement is the most authentic one, and we
follow it. This is the opinion that has been determined to be
correct according to our companions in both hadith and fiqh."
Scholars differ about what the Muslims who are in areas
where the day is extremely long and the night is short should
do. What timings should they follow? Some say they should
follow the norms of the areas where the Islamic legislation
took place--that is, Makkah or Madinah. Others say they should
follow the timings of the area that is closest to them which
has normal days and nights.
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