Is it correct to say that it is permissible to perform the six days of Shawwal before making up the missed days of Ramadan, because the Shari'ah has granted a concession in making them up?

The questioner : I have only raised a point of difficulty, O Shaykh.

The Shaykh: Go ahead.

The Shaykh : Someone might say that the Lawgiver has extended the time for making up Ramadan from one Ramadan to the next, just as He extended the time for the midday prayer from the beginning of its time until the beginning of the afternoon prayer, and allowed a person to perform voluntary prayers until he is able to perform the obligatory midday prayer before its time ends. Is this not similar?

The Shaykh : No.

The questioner : What is the difference between the two?

The Shaykh : In the example you gave regarding prayer, the Lawgiver has set a start time and an end time for each of these five obligatory prayers, such that if the person of obligation misses these two times, he becomes accountable. This is not the case with the issue of making up fasts. That is, he owes the making up of Ramadan; it is not that he missed the one before that, or the one before that, or the one before that. If we proceed from this extension that you mentioned earlier, and by analogy with the extension the Wise Lawgiver granted in performing prayer between the two times, then a day will come when his term expires and he has not performed what he owes in making up fasts. Do you think he will die in a state of sin? What do you think? Let us move to something closer to this issue, an act of worship that is obligatory. If a person who is able—using the Qur'anic expression—not merely wealthy, but I say if a person who is able does not perform Hajj, and he says, "I will perform Hajj, soon and soon," and death comes to him and he has not performed Hajj, will he die in a state of sin?

The questioner : If he possesses...

The Shaykh : No, what you are saying. If I told you the word of the Shari'ah only?

The questioner : What I believe is that he will die in a state of sin, yes.

The Shaykh : Well, what is the difference between this and the one who owes making up fasts?

The questioner : The hadith of Aisha.

The Shaykh : No, the hadith of Aisha does not give you a basis for that. The work is with the Messenger of Allah, and this work is with his worldly affairs.

The questioner : But this addition is not from the words of Aisha.

The Shaykh : It is not?

The questioner : It is not from the words of Aisha; it is from the words of Yahya ibn Sa'id al-Ansari.

The Shaykh : Leave it for now, without the addition, let us take the hadith. Is there in the hadith itself a text stating that she delayed the making up without an excuse?

The questioner : It states that she delayed the making up, whether with an excuse or without an excuse.

The Shaykh : No, do not repeat to me what you know, and I am a partner with you in your knowledge.

The questioner : There is no doubt.

The Shaykh : No, so then we want the answer to what I do not know, which is what do we imagine? Did the Lady Aisha, the faithful wife, daughter of the faithful one, delay making up what she owed from Ramadan until... Do you believe, may Allah bless you, that the Lady Aisha delayed making up what she owed from Ramadan until Sha'ban before the second Ramadan without an excuse? In other words, she says today, tomorrow, the day after, and she is distracted, just as those who deny the rulings of the Shari'ah are distracted, not just for creed, because denial today has taken two forms other than the old form. Do you think? Do you seek an excuse for her or not?

The questioner : I mean she had nine wives!

The Shaykh : Do not speak, may Allah bless you, spare me with the answer.

The questioner : I do not seek an excuse, O Shaykh... I do not find an excuse.

The Shaykh : Did I not tell you, do you find an excuse for her?

The questioner : Do you seek an excuse for her?

The Shaykh : Do you seek an excuse for her, meaning... what does it mean to seek an excuse for her?

The questioner : It means you look for an excuse for her.

The Shaykh : Yes, do you assume that she has an excuse, or must you make this assumption a real fact? This is the meaning of seeking an excuse for your brother? If you understand it this way, I do not understand it this way!

The questioner : I understood you are asking me if I seek an excuse for her. There is no doubt that the daughter of the faithful one is among those close to the Messenger and among the greatest of those who follow the Messenger, but even so, it has not occurred to me that for the whole year from Ramadan to Ramadan she did not find an opportunity except that the Lawgiver extended it for her.

The Shaykh : And where is the evidence?

The questioner : For the action that the Messenger (peace and blessings be upon him) approved for her?

The Shaykh : This approval, if you knew that she had no excuse, your claim would be valid. But we are now looking for this excuse. Do we have it so that we can build upon it the approval of the Messenger? For example, if we see an action performed by a Companion, and he is among those close to the Messenger and frequent in his company, and he performed an action, do we say that this action is a proof, and we do not know that he performed it in the presence of the Messenger (peace and blessings be upon him)?

The questioner : There is no doubt that if it was not in the presence of the Messenger, it is not a proof.

The Shaykh : Well, and if it was in the presence of the Messenger (peace and blessings be upon him) and he (peace and blessings be upon him) approved it, is it not assumed that his approval is based on an excuse or without an excuse?

The questioner : The default is that it is without an excuse.

The Shaykh : Well, now let us return to a verse in the Qur'an Did the Lady Aisha apply this verse according to your understanding?

The questioner : In making up Ramadan?

The Shaykh : Our discussion is about making up Ramadan, meaning she contradicted the verse?

The questioner : ... The Shari'ah extended it for her, she did not contradict the verse.

The Shaykh : Let us proceed, may Allah bless you, step by step. For example, the saying of the Exalted: Abu Ubaydah in the story of their trial on the coast of the Red Sea with hunger, and so on, they ate from the fish, from the large whale. This is the amazing part. Before we say the Messenger looked into it, or the Messenger said to them: "Do you have anything of it?" or something similar, and so on, let us assume that their action is in accordance with the saying of the Exalted: Let us assume it is in accordance, or is it contradictory?

The questioner : Let us assume that if it was... assumption...

The Shaykh : If they ate carrion and the verse says:

The questioner : There is no doubt that it is contradictory, O Shaykh.

The Shaykh : This is it. So then here, what do we do with the verse? Now we say that the verse is specified, correct.

The questioner : Very good.

The Shaykh : Very good. Now Do we have a specifier for this verse in what we are discussing now?

The questioner : What is in my mind is that the hadith of Aisha is the specifier.

The Shaykh : What is in your mind is that Aisha...

The questioner : The hadith of Aisha which is in the two Sahihs, and her delaying the making up of Ramadan until Sha'ban, and the Messenger's knowledge of that, as mentioned earlier, or even without repeating to you, O Shaykh, that it is a specifier for that!

The Shaykh : Well, where did you take that from? We have neither a negative nor a positive. That is, we assume that the Lady Aisha was excused without doubt in what she did, is that not so? We agree on this.

The questioner : It may be the case, O Shaykh.

The Shaykh : No, you did not give me the answer to my question.

The questioner : I do not see, O Shaykh, that she is excused.

The Shaykh : No, you say she is excused...

The questioner : A little while ago you said I do not seek an excuse for her, you told me I do not seek an excuse for her.

The Shaykh : O Shaykh, since the Messenger, you say, approved her.

The questioner : ... Good, if it is in this meaning, then the delay is valid for her, so there is no doubt we agree.

The Shaykh : No, no, we are now, may Allah bless you, I do not like to rush in the research because many issues have extreme precision. Now we meet on a common word, but your reasoning is not my reasoning, and my reasoning is not your reasoning, but we agree with you that the Lady Aisha was not, in what she delayed of making up what she owed, like what many people do, which is indifference. So she is excused.

The questioner : This is correct.

The Shaykh : Clear? Now the word "excused" here, the disagreement now is what is her excuse? I say her excuse is as it came in that inserted phrase. I heard this statement and now my memory is far from this, so I do not enter with you into a scholarly discussion about this addition. But I assume that it does not exist, okay? So I say, I say that the Lady Aisha did not delay making up what she owed from Ramadan until Sha'ban, approximately after a year, except that she was excused. And we agree now that you are with me and I am with you that she is excused, correct? But we differ in determining the type of excuse. You say that the Messenger approved her, so she is excused by what she did of delaying. And I say: God forbid, and now I exaggerate a little in speech, God forbid for the Lady Aisha not to apply the generality of the verse except for an excuse. Now the discussion has taken another stage, with the evidence that the meaning of your previous statement is that the saying of the Exalted: is general, and the delaying of making up fasts was specified from it, is that not so?

The questioner : Yes.

The Shaykh : This specification now, we need the issue of specification with something like the hadith of Abu Ubaydah, and this does not exist for us. And we stop here. And the important thing is that I knew your point of view and I knew my point of view, and may Allah reward you with good.

The questioner : ... I discuss, I want to benefit, may Allah bless you.

The Shaykh : Glory be to Allah, meaning this is without doubt, but this frightens me, your statement frightens me. Do you know how?

The questioner : How is that, ... No, this is my nature, I like to cut...

The Shaykh : No, you are like many others who, when they make an excuse for something, have no need for it. We are now trying to find an excuse for Aisha (may Allah be pleased with her). You need an excuse because, like me, you are a student of knowledge, and knowledge is shared. It does not matter to you that he is a shaykh, a scholar, and of advanced age, and that he is a student of knowledge.

The questioner : That is correct.

The Shaykh : No, it is possible that the one who is less preferred possesses what the one who is more preferred does not, correct?

The questioner : There is one.

The Shaykh : All right, you may be the one who is more preferred in the attribute of being less preferred, clear? We are now—peace and mercy of Allah be upon you—proceeding. I say: Aisha (may Allah be pleased with her) is excused, we agree on this. A man who has passed twenty years and has Ramadan make-up fasts, or half of them, or a quarter of them, and so on, is he excused like Aisha (may Allah be pleased with her)? I say: No, now the difference remains. And you say: Yes, correct?

The questioner : I say he is not excused.

The Shaykh : You are required to say he is excused.

The questioner : If he is unable, then he is excused.

The Shaykh : Did I say he is unable? May Allah reward you, the discussion is within the limits of ability, otherwise if we set aside...

The questioner : Then there is no concern... leaving off fasting.

The Shaykh : That is it.

The questioner : This is sinful.

The Shaykh : Sinful? The evidence? ... No, we must remember that the original matter is fulfilling the vow. For example, I vowed to fast a day in gratitude to Allah, and I died and did not fast. Did I die in a state of sin or not? What I understood, perhaps I was mistaken, is that the professor Abu 'Abd al-Rahman says he does not die in a state of sin. So this point is the starting point that led us into this path and brought us into this entry. I think we should return to the beginning of the discussion. Now, this person has a vow to fulfill, whether fasting or charity, and so on, and he died before doing it. Does he die in a state of sin or not? In your view, there is no harm...

The questioner : I say, O Shaykh, there is no difference between the vow and making up Ramadan!

The Shaykh : Was that the question? Do not deviate, may Allah reward you.

The questioner : I do not deviate, O our Shaykh. Repeat the question.

The Shaykh : Well done. I say: A man has a vow to fast, or give charity, or perform 'Umrah, or any act of worship, and then he dies without fulfilling his vow. Does he die in a state of sin?

The questioner : He dies in a state of sin.

The Shaykh : All right, what is the evidence? Whether it comes to mind or not is not important. We are now in agreement on this. All right, a man now has Ramadan make-up fasts, or a woman, does she not sin by delaying? Let us return so we can complete the discussion and not lose the original matter. The original matter was that he or she had make-up fasts, and she is occupied with fasting the six days of Shawwal. I say: It is obligatory for her to start with the make-up fasts she owes. Why? Because her term may come while she is occupied with a recommended act, the six days of Shawwal. But if she dies and has not made up what she owes of the obligatory, I claim that she dies in a state of sin. I understood from your words that she does not die in a state of sin. Why? I was taking comfort from a report from Abu Bakr, and you mentioned this. All right, what justifies for this person hastening with what is not obligatory and delaying what is obligatory? What justifies it for him? It is the opposite of the legal realities, as the one said:
The Shaykh: "If you seek knowledge, it is much, *** And your life is short in acquiring it.
The Shaykh: So prioritize the more important of them over the more important."
The Shaykh: Leaving off learning what is an individual obligation upon him and occupying himself with voluntary knowledge, this is undoubtedly sinful. And this is the example before us now. He occupies himself with fasting six days of Shawwal while he has six days of make-up fasts for illness or for any reason. How does the Shari'ah permit prioritizing the less important, if that is the expression, over the more important, knowing that the term is at the door? His term may come while he has not made up his days of Ramadan. There is a sequence in the discussion: Does this person die in a state of sin or not? And this discussion compelled us to say that the one who dies without performing Hajj while he is able, we agreed, I think, that he dies in a state of sin. And we clarified the difference between extending the time of prayer from one time to another and this act of worship that has no time that ends or in which the act ends, like Hajj, for example. And therefore I think that from your previous answer, which is that this one who died able to perform Hajj and did not perform it, that he dies in a state of sin, you see that the correct opinion among the scholars is: Is Hajj obligatory immediately or with delay? I think you say that it is obligatory immediately as long as ability exists, so I think.

The questioner: Yes.

The Shaykh : Well done. So now we must have an evidence that gives us the ruling on delaying the make-up of the six days of Ramadan until after the six days of Shawwal. This must have an evidence, because it is the opposite of the legal rulings: prioritizing the recommended over the obligatory. And peace and mercy and blessings of Allah be upon you. Perhaps you can recall, meaning or...

The questioner : Someone might say, O Shaykh: Just as Aisha (may Allah be pleased with her) delays the make-up, as you mentioned, except for a legal excuse, so it is also delayed that she leaves off fasting the virtuous days that the Lawgiver encouraged!

The Shaykh : Are they equal? No, they are not equal. Which of the two matters is more important?

The questioner : What is obligatory is more important than what is recommended?

The Shaykh : The matter is finished, may Allah reward you.

The questioner : This is undoubtedly...

The Shaykh : The matter is finished. We must now, so that I agree with you, and this is more desirable to me than you agreeing with me, we must have an evidence to justify for Aisha (may Allah be pleased with her) that she obligates herself with the voluntary without the obligatory!

The questioner : If a man enters the time of the midday prayer and starts doing voluntary prayers, is it not possible that his term may come while he is in this state!

The Shaykh: Yes.

The questioner : How did we justify it for him?

The Shaykh : No, they are equal. We said earlier that the Shari'ah made for this prayer an extended time, and it is not like the long time of life whose end is not known. It made for him an extended time and prescribed for him, or established for him, according to the hidden subject in prescribed or established, to pray before the obligatory, because the time of the obligatory is still standing. So if he dies while praying the pre-prayer sunnah, for example, he dies in a state of obedience, not disobedience. But the one who dies while fasting the six days of Shawwal and has six days of Ramadan, this one dies in a state of obedience, doing a voluntary act, but disobedient because of his turning away from the obligatory. This is an inversion of the system of the Shari'ah, and there is no doubt or ambiguity in that. In any case, each of us understood the other's point of view and will think, if Allah wills, to find what strengthens one side of the disagreement...

The questioner : ... prioritizing the make-up of Ramadan over the voluntary, that it is not permissible for him, or that his fasting is invalid for the voluntary?

The Shaykh : No, I do not say: invalid. He is sinful because of prioritizing the voluntary over the obligatory. Yes, what do you say?

The questioner : I say, O our Shaykh, I do not know—of course I came late, what— the discussion, but if it becomes clear to me what the end is that you started with. But in the case where the question is frequent: one whose time for make-up is tight and only the six days of Shawwal remain, and he wants to combine the two goods. Does he prioritize Shawwal due to the tightness of time and then complete the make-up after that?

The Shaykh : No, do you know the way out? There are three cases here.

The questioner : Which is the issue of combining intentions. All right, other than that, O our Shaykh, if someone, for example, said that he is not satisfied with the issue of combining intentions, for example, and wants a case like this or like that.

The Shaykh : Excuse me, not satisfied with what?

The questioner : With the issue of combining intentions.

The Shaykh : The discussion is that he starts with the obligatory.

The questioner : Even if the time is tight for the six days.

The Shaykh : And if... yes.

The questioner: May Allah reward you with good.

The Shaykh : And to you.

The questioner : O our Shaykh, the one who did not fast the whole month for a specific excuse, does he fall under the same ruling?

The Shaykh : The month of Ramadan?

The questioner : Yes, he did not fast the whole thing.

The Shaykh : A fortiori, a fortiori, because this one needs more time.