Delaying the Expiation
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Question: My father had an obligation to fast two consecutive months as an expiation a long time ago, but he did not fast them and delayed them. Until now, he has not fasted, but he is now unable to fast due to his advanced age. How should this matter be handled? Is there anything he can do in their place? Should we fast on his behalf? And does he sin by delaying it while having the ability to do so?
Answer: This is a general question; it does not specify the type of this expiation that became obligatory.
Fasting two consecutive months: is it the expiation for killing, or the expiation for zihar, or intercourse during Ramadan?
If it is the expiation for killing, then feeding people is not sufficient in it, and fasting is necessary as long as it is possible. If he is not able, then only what Allah the Exalted mentioned in it is sufficient,By His saying:[An-Nisa 4:92] up to His saying: [Al-Nisa: 92] ,So in it, there are only these two matters:
The first matter: freeing a slave if possible. If that is not possible, he fasts two consecutive months, which is the second option. There is no third option in it.
As for if it is an expiation other than for killing, meaning the expiation for zihar or intercourse during the day of Ramadan, for example, then a third option is sufficient in it, which is feeding people,because of His saying, the Exalted: [Al-Mujadilah: 3, 4] , so the expiation for zihar is ordered according to these three matters:
First: freeing a slave if possible.
Second: If freeing a slave is not possible, he fasts two consecutive months.
Third: If fasting the two months is not possible, he feeds sixty poor people.
The expiation for intercourse during the day of Ramadan for a fasting person is like it.
So this expiation that became obligatory on your father, we do not know which of these types it is,
and we have answered regarding both possibilities, although it is obligatory for the Muslim to hasten to perform what is obligatory upon him and not delay it; because that leads to the situation you mentioned about your father, where he delayed the fasting without an excuse, then something occurred that prevented him from fasting, and the expiation remained in his debt.
Question: Regarding fasting on his behalf, is it sufficient in any of the cases?
Answer: Fasting on his behalf is not sufficient; because it is a physical act that does not allow for delegation. What is obligatory by the original Shari'ah regarding fasting, no one fasts for another on the correct view; because delegation does not apply to it; because it is a physical act.
Question: Suppose he died before he performed the expiation?
Answer: It is not possible except freeing a slave, for example, a slave is freed on his behalf from his wealth if possible.
Answer: This is a general question; it does not specify the type of this expiation that became obligatory.
Fasting two consecutive months: is it the expiation for killing, or the expiation for zihar, or intercourse during Ramadan?
If it is the expiation for killing, then feeding people is not sufficient in it, and fasting is necessary as long as it is possible. If he is not able, then only what Allah the Exalted mentioned in it is sufficient,By His saying:
And never is it for a believer to kill a believer except by mistake. And whoever kills a believer by mistake - then the freeing of a believing slave
وَمَا كَانَ لِمُؤْمِنٍ أَنْ يَقْتُلَ مُؤْمِنًا إِلَّا خَطَأً وَمَنْ قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُؤْمِنَةٍthen [instead], a fast for two months consecutively
فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِThe first matter: freeing a slave if possible. If that is not possible, he fasts two consecutive months, which is the second option. There is no third option in it.
As for if it is an expiation other than for killing, meaning the expiation for zihar or intercourse during the day of Ramadan, for example, then a third option is sufficient in it, which is feeding people,because of His saying, the Exalted:
(3) And those who pronounce thihar from their wives and then [wish to] go back on what they said - then [there must be] the freeing of a slave before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do. (4) And he who does not find [a slave] - then a fast for two months consecutively before they touch one another; and he who is unable - then the feeding of sixty poor persons.
وَالَّذِينَ يُظَاهِرُونَ مِنْ نِسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ مِنْ قَبْلِ أَنْ يَتَمَاسَّا ذَلِكُمْ تُوعَظُونَ بِهِ وَاللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ فَمَنْ لَمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِنْ قَبْلِ أَنْ يَتَمَاسَّا فَمَنْ لَمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِينًاFirst: freeing a slave if possible.
Second: If freeing a slave is not possible, he fasts two consecutive months.
Third: If fasting the two months is not possible, he feeds sixty poor people.
The expiation for intercourse during the day of Ramadan for a fasting person is like it.
So this expiation that became obligatory on your father, we do not know which of these types it is,
and we have answered regarding both possibilities, although it is obligatory for the Muslim to hasten to perform what is obligatory upon him and not delay it; because that leads to the situation you mentioned about your father, where he delayed the fasting without an excuse, then something occurred that prevented him from fasting, and the expiation remained in his debt.
Question: Regarding fasting on his behalf, is it sufficient in any of the cases?
Answer: Fasting on his behalf is not sufficient; because it is a physical act that does not allow for delegation. What is obligatory by the original Shari'ah regarding fasting, no one fasts for another on the correct view; because delegation does not apply to it; because it is a physical act.
Question: Suppose he died before he performed the expiation?
Answer: It is not possible except freeing a slave, for example, a slave is freed on his behalf from his wealth if possible.