A man broke his fast for days in Ramadan because of the rain, and after eight years he passed away without making them up; what is required of his guardians?
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The questioner: Peace be upon you.
The Shaykh: And upon you peace.
The questioner : Shaykh, we are here from Yemen, from Aden. May we ask you a question?
The Shaykh: Go ahead.
The questioner : He passed away and he had a heart condition, so he broke his fast in Ramadan for eight days, about eight years ago, but he was unable to make up these eight days, and the man passed away. So is it required of his family, or of his guardian, to fast on his behalf, or does he owe an expiation, or what?
The Shaykh : There is nothing required of the guardian. The fasting that the guardian of the deceased makes up is the fasting of a vow, meaning his saying (peace and blessings be upon him):Sahih Muslim 1147 This is the fasting of a vow, as Ibn Abbas and the Lady Aisha (may Allah be pleased with them both) said.
The questioner : And does he owe an expiation?!
The Shaykh : No, the expiation did not come in the Sunnah; it is only the opinions of some scholars.
The questioner : Initially, Shaykh, he fasted during this period before, meaning, in the previous Ramadan and the one before that, he used to fast during the Ramadan period, but with difficulty, because he had a heart condition and other illnesses. But for these eight days of the Ramadan that was eight years ago, he was unable to fast.
The Shaykh : My brother, I understood, I understood. Did you understand?
The questioner : Yes, I understood, Shaykh!
The Shaykh : Good, and I will add clarification. I say: If a person has days of Ramadan to make up due to a valid legal excuse, such as travel or illness, and if he intended to make them up—and as you said about the deceased, that he made up some of the days he owed—then if he did not make them up while he was able to do so, and then he dies, God forbid, he dies as a sinner. However, if he dies while intending to make them up, but was unable to do so because of his illness or travel, he is like the one who caught up with Ramadan while traveling, so he was granted a dispensation and broke his fast, or the one who was ill and broke his fast. Then if the traveler dies while traveling, or the sick person dies while ill, he does not die as a transgressor, because he died while under a legal ruling, which is the dispensation. But if the traveler returns home, or the sick person recovers, and then both are able to make up the days they owe, but they become preoccupied with their worldly life to the neglect of their Hereafter, then they die as sinners, like the healthy person and the resident who caught up with Ramadan and then broke his fast, God forbid, intentionally and deliberately, and then died without repenting to Allah (Mighty and Majestic). He dies as a transgressor, an open sinner. As for the first case, meaning if he dies while traveling, or dies while ill, or if the traveler returns home and the sick person recovers, but making up the fast does not become feasible for him and he dies, he does not die as a sinner, there is no sin on him, and there is no expiation on his guardian. This is unlike the one who made a vow and then died; the fasting that this deceased person vowed is what his guardian fasts on his behalf.
The questioner : May Allah reward you with good, O Shaykh.
The Shaykh: And upon you peace.
The questioner : Shaykh, we are here from Yemen, from Aden. May we ask you a question?
The Shaykh: Go ahead.
The questioner : He passed away and he had a heart condition, so he broke his fast in Ramadan for eight days, about eight years ago, but he was unable to make up these eight days, and the man passed away. So is it required of his family, or of his guardian, to fast on his behalf, or does he owe an expiation, or what?
The Shaykh : There is nothing required of the guardian. The fasting that the guardian of the deceased makes up is the fasting of a vow, meaning his saying (peace and blessings be upon him):
'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 وليُّهThe questioner : And does he owe an expiation?!
The Shaykh : No, the expiation did not come in the Sunnah; it is only the opinions of some scholars.
The questioner : Initially, Shaykh, he fasted during this period before, meaning, in the previous Ramadan and the one before that, he used to fast during the Ramadan period, but with difficulty, because he had a heart condition and other illnesses. But for these eight days of the Ramadan that was eight years ago, he was unable to fast.
The Shaykh : My brother, I understood, I understood. Did you understand?
The questioner : Yes, I understood, Shaykh!
The Shaykh : Good, and I will add clarification. I say: If a person has days of Ramadan to make up due to a valid legal excuse, such as travel or illness, and if he intended to make them up—and as you said about the deceased, that he made up some of the days he owed—then if he did not make them up while he was able to do so, and then he dies, God forbid, he dies as a sinner. However, if he dies while intending to make them up, but was unable to do so because of his illness or travel, he is like the one who caught up with Ramadan while traveling, so he was granted a dispensation and broke his fast, or the one who was ill and broke his fast. Then if the traveler dies while traveling, or the sick person dies while ill, he does not die as a transgressor, because he died while under a legal ruling, which is the dispensation. But if the traveler returns home, or the sick person recovers, and then both are able to make up the days they owe, but they become preoccupied with their worldly life to the neglect of their Hereafter, then they die as sinners, like the healthy person and the resident who caught up with Ramadan and then broke his fast, God forbid, intentionally and deliberately, and then died without repenting to Allah (Mighty and Majestic). He dies as a transgressor, an open sinner. As for the first case, meaning if he dies while traveling, or dies while ill, or if the traveler returns home and the sick person recovers, but making up the fast does not become feasible for him and he dies, he does not die as a sinner, there is no sin on him, and there is no expiation on his guardian. This is unlike the one who made a vow and then died; the fasting that this deceased person vowed is what his guardian fasts on his behalf.
The questioner : May Allah reward you with good, O Shaykh.
Source
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