If one committed a crime which is manslaughter and had to fast sixty sequence days as an expiation for their sin and the month of Ramadan comes between these months, can fasting Ramadan be a substitute of a month of them? Or shall they complete the days after Ramadan? Or shall they start over fasting the sixty days?

Answer

Praise Be to Allah and Peace Be Upon His Messenger.

The expiation of the manslaughter (killing without implied intention) is freeing a slave, but if this is not available, then, they must fast sixty sequence days. These sixty days must be continuous. Allah says: “It is not for a believer to kill a believer except (that it be) by mistake; and whosoever kills a believer by mistake (it is ordained that) he must set free a believing slave and a compensation (blood-money, i.e. Diya) be given to the deceased’s family unless they remit it. If the deceased belonged to a people at war with you and he was a believer, the freeing of a believing slave (is prescribed); and if he belonged to a people with whom you have a treaty of mutual alliance, compensation (blood-money – Diya) must be paid to his family, and a believing slave must be freed. And whoso finds this (the penance of freeing a slave) beyond his means, he must fast for two consecutive months in order to seek repentance from Allah. And Allah is Ever All-Knowing, All Wise.” An-Nisa’: 92

Breaking the fast on the Day of al-Fitr or the Day of al-Adha does not affect the sequence of these sixty days because breaking the fast on these days is prescribed and obligatory.  For example, if a Muslim starts fasting these sixty days in Sha’ban, and then s/he has to fast Ramadan (as its obligatory) and s/he has to break the fast on the day of al-Fitr, s/he can continue fasting the sixty days without starting over after the day of al-Fitr. If a Muslim starts fasting these two months before Dhul-Hijja, they must break the fast on the Day of al-Adha and continue after it.

Moreover, if a woman has to fast these sixty days as an expiation and she gets her period or puerperium, she can continue after she becomes pure. Whosoever has to fast the two months as an expiation, but needs to break the fast because of illness or travel or any accepted excuse which usually allows you to break the fast in Ramadan, they can break the fast and continue once they are able. As what is considered an allowed excuse to break the fast in Ramadan can be considered an allowed excuse in this case. However, fasting the month of Ramadan is not counted as a part of these two months. It is a pillar, and its fasting is obligatory and must not be considered as a part of this expiation.