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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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If a person dies and has fasting remaining; is it obligatory for his guardian to feed one poor person for each day?

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The questioner : If a person dies and has fasting remaining; is it obligatory for his guardian to feed a poor person on his behalf for each day? If this is correct, what is the evidence? And does his guardian sin if he does not do so?

The Shaykh : As for the fasting of Ramadan, no one fasts on behalf of another. The hadith that came from the Prophet (peace and blessings be upon him) in his saying:
'A'isha (Allah be pleased with her) reported Allah's Messenger (ﷺ) as saying: If anyone dies in a state (that he had to complete) some fasts, his heir must fast on his behalf. مَن مات وعليه صيام صامَ عنه وليُّه
Sahih Muslim 1147
is only about the fasting of a vow; that is, fasting that was not originally obligatory upon him from Allah (Mighty and Majestic), such as Ramadan, but rather it is from the category of drawing near to Allah (Mighty and Majestic) by vowing to fast one day or more. Then he died and was unable to perform and fulfill his vow. In this case, his guardian fasts on his behalf, and if he does not do so, he sins. This is because his saying (peace and blessings be upon him):
His guardian fasted on his behalf صام عنه وليُّه
is in the ruling of a command, just as in many texts, such as His saying (the Exalted):
so whoever has made Hajj obligatory upon himself therein [by entering the state of ihram], there is [to be for him] no sexual relations and no disobedience and no disputing during Hajj فَمَنْ فَرَضَ فِيهِنَّ الْحَجَّ فَلَا رَفَثَ وَلَا فُسُوقَ وَلَا جِدَالَ فِي الْحَجِّ
[Al-Baqarah 2:197]
; that is, it is not permissible. And his guardian fasted on his behalf; that is, he is commanded to perform this fasting. The phrase:
His guardian fasted on his behalf صام عنه وليُّه
is a declarative sentence. "Fasted" means that the fasting took place, and this is what he did not fast. This is an affirmation of the obligation of the fasting; that is, it is as if it is a realized fact. Therefore, he said:
His guardian fasted on his behalf صام عنه وليُّه
. It appears to me that this expression, in terms of Arabic style, is more eloquent than if he had said: "Let his guardian fast on his behalf."
His guardian fasted on his behalf صام عنه وليُّه
reports on a matter that will occur because it is in the ruling of having occurred. This is like His saying (the Exalted):
The command of Allah is coming, so be not impatient for it أَتَى أَمْرُ اللَّهِ فَلَا تَسْتَعْجِلُوهُ
[An-Nahl 16:1]
,
Came أَتَى
meaning: it will certainly come. Therefore, He expressed it with a past tense verb
Came أَتَى
. Similarly:
The Hour has drawn near اقْتَرَبَتِ السَّاعَةُ
and similar verses. This is an affirmation that this fasting is upon the guardian of the deceased who had a vow of fasting, and he must fast on his behalf.
Yes.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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