Does the guardian of one who died with a fast for the expiation of accidental killing fast on his behalf?
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The questioner : A man killed a soul by accident, so it is obligatory for him to fast two consecutive months. Then that man died five or six months after that incident. Does his guardian fast on his behalf, or is that fasting dropped from him?
The Shaykh : The ruling here can be taken from two positions of the scholars, one of which I consider stronger than the other. The stronger position is that his saying (peace and blessings be upon him):Riyad as-Salihin 1858 There are two interpretations of this hadith among the scholars of knowledge. One is that it is general, covering any fast for which this deceased person died. According to this view, it can be said that his guardian fasts on his behalf. But the other view, which is the stronger one in my opinion, is that the intended meaning of this hadith is the fast of a vow. So if a person dies with a fast on him that he had vowed upon himself, then his guardian is the one who fasts on his behalf. Since the fasting you are asking about is not of the type of a vowed fast, no one fasts on his behalf according to this stronger view that we hold.
The Shaykh : The ruling here can be taken from two positions of the scholars, one of which I consider stronger than the other. The stronger position is that his saying (peace and blessings be upon him):
If a person dies without observing Saum (fasts), his Wali should make it up on his behalf.
من مات وعليه صوم صام عنه وليّه
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
