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Question

Reference number: 528353 | Fasting | July 2, 2019

What is the ruling in this case? A woman missed several days in Ramadan as she was excused, got married immediately after Ramadan, a month later, she got pregnant with twins; and her gynecologist advised her not to fast as her pregnancy was hard and tiring; then she delivered her babies and became pure from puerperium ninety days earlier than the following Ramadan, but she was still suffering from the fatigue of pregnancy and delivery; thus, she was unable to make up the days, what can she do? What is the ransom? Is she considered to be sinful? I am aware that there must be ransom in addition

Answer

Praise Be to Allah and Peace Be Upon His Messenger.

Referring to your question, a Muslim should be careful and make sure that they make up any day they miss in Ramadan earlier than the coming Ramadan. In case, one did not make the days up through a year or even more, they must start as soon as possible.

Now, what are the consequences if one does not make them up after Ramadan in the same year? Should a Muslim fast the same number of days only, or should they fast and pay ransom?

Shaikh Muhammad Ahmad Hussain, the General Mufti (Muslim Legal Scholar), in the Palestinian Legal Verdict Council, was once asked the following question: What is the ruling if one delays compensation till the next Hijri year and after the following Ramadan? And if a ransom must be paid, should it be food or money? He said, a Muslim should make up the days they miss immediately after Ramadan unless there is a serious excuse which prevents them from doing so. All scholars have consensus that if a Muslim delays compensation as they are excused, they are not required to pay ransom. However, if the delay was not excused, they have different opinions.

A. The Maliki, Shafi’i, and the Hanbali schools decide that the one who does so is considered to be sinful; they must pay ransom and fast. They depended on what ‘Aisha RRA said. ‘Aishah RRA, one of the prophet Muhammad’s wives, said that when she had some part of Ramadan to makeup, she would be able to do so only in Sha’ban, the eighth month of the Hijri calendar. Related by Al-Bukhari. What is concluded from this narration is that she was careful not to delay fast compensation after the other Ramadan. (Al Mausu’ah Al Fiqhiyah Al Kuwaitiyah 10/10) (Encyclopedia of Islamic Jurisprudence: 10/10)

B. Abu Hanifa (the Hanafi school) finds that a Muslim should make up the same number of days only. He says: “It is allowed to a Muslim to delay compensation regardless of being excused; however, it is much better if they make up missing days instantly as they are asked to complete the duty. (Fath al-Qadeer: 2/274) This opinion was strongly overweighed by al-Bukhari depending on the verse in Al-Baqarah Chapter: ““but if any of you is ill or on a journey, the same number (should be made up) from other days. Al-Baqarah: 184. He noted that the verse inly mentioned compensation without paying ransom and also he assured that compensation should be instant earlier than the following Ramadan. How much should one pay as ransom?

The Higher Palestinian Legal Verdict Council decided the following: if a Muslim is suffering from a chronic disease which will not be cured, or if they are elderly whose health is retarded a year after another should pay ransom instead of fasting which equals feeding a poor two times instead of every missing day; provided that these two meals should be almost equal to what they themselves eat and no less than the fast-breaking charity which is decided to be 8 for this year. (item: 1/129) Allah says: “but if any of you is ill or on a journey, the same number (should be made up) from other days. And for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day). But whoever does good of his own accord, it is better for him. And that you fast is better for you if only you know.” Al-Baqarah: 184 

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