The Book of Prayer
The Rulings on Those

Exempt from Fasting

أَحْكَامِ الْمُفْطِرِيْنَ فِيْ رَمَضَانَ

The Rulings on Those Exempt from Fasting

Breaking the fast in Ramadan is permissible for four types of people:

وَيُبَاحُ الْفِطْرُ فِيْ رَمَضَانَ لأَرْبَعَةِ أَقْسَامٍ:

1) An ill person who would be harmed by fasting and the traveler who is permitted to shorten the prayer. For them, breaking the fast is preferable, and they should make up [for the number of days they did not fast], but if they fast, it will be valid. 543

أَحَدُهَا: الْمَرِيْضُ الَّذِيْ يَتَضَرَّرُ بِهِ، وَالْمُسَافِرُ الَّذِيْ لَهُ الْقَصْرُ، فَالْفِطْرُ لَهُمَا أَفْضَلُ، وَعَلَيْهِمَا الْقَضَاءُ، وَإِنْ صَامَا، أَجْزَأَهُمَا.


543. Ill and Traveler

(A): Fasting is makrooh for the sick because of the potential harm, and for the traveler because the Prophet (SA) said:

“It is not righteousness that you fast while traveling.” He (SA) said that upon seeing a crowd of people who were providing shade to a man because he was fasting. (B – from Jâbir)

لَيْسَ مِنَ الْبِرِّ الصَّوْمُ فِي السَّفَرِ


(a/Furoo‘): It is not disliked for those who are not harmed by fasting while traveling.

The latter position is supported by this hadith:

“We used to go to battles with the Messenger of Allah (SA) during Ramadan, and some of us would be fasting and some would not. The ones who fasted and the ones who broke their fast did not condemn one another. They [the Companions] used to think it was better for one who finds sufficient strength in himself to fast, and it was better for one who feels weak to break the fast.” (M – from Abu Sa‘eed al-Khudri)

كنا نَغْزُو مع رسول اللَّهِ في رَمَضَانَ فَمِنَّا الصَّائِمُ وَمِنَّا الْمُفْطِرُ فلا يَجِدُ الصَّائِمُ على الْمُفْطِرِ ولا الْمُفْطِرُ على الصَّائِمِ. يَرَوْنَ أَنَّ من وَجَدَ قُوَّةً فَصَامَ فإن ذلك حَسَنٌ وَيَرَوْنَ أَنَّ من وَجَدَ ضَعْفًا فَأَفْطَرَ فإن ذلك حَسَنٌ


This may be even more relevant in our times when traveling is much easier.

2) A menstruating woman and one having postpartum bleeding. They break their fast and make up for [those days], and if they fast, it will not be valid. 544

الثَّانِيْ: الْحَائِضُ وَالنُّفَسَاءُ، تُفْطِرَانِ وَتَقْضِيَانِ، وَإِنْ صامتا لم يُجْزِئْهُمَا.

3) A pregnant woman and one who is breastfeeding. If they fear for themselves, they break their fast and make up for it. If they fear for their unborn children, they break their fast, 545 make up for it, and feed one poor individual per day.546 If they fast, it will be valid. 547

الثَّالِثُ: الْحَامِلُ وَالْمُرْضِعُ، إِذَا خَافَتَا عَلَى أَنْفُسِهِمَا، أَفْطَرَتَا، وَقَضَتَا، وَإِنْ خَافَتَا عَلَى وَلَدَيْهِمَا، أَفْطَرَتَا وَقَضَتَا، وَأَطْعَمَتَا عَنِ كُلِّ يَوْمٍ مِسْكِيْنًا. وَإِنْ صَامَتَا، أَجْزَأَهُمَا.


544.
This is all by consensus.


545.
Their fasting would be makrooh (disliked) according to (A/SM).


546.
The expiation is binding on the father of the child or the one responsible for the child’s maintenance. (A/SM) It is one mudd of wheat, which is the fill of two hands or 1/4 of a ṣâ‘ (slightly more than 500g) or 1/2 of a ṣâ‘ (slightly more than 1000g) of any other food, such as dates or barley. (A/SM)

(a/Furoo‘): Feeding the poor a meal that would be equal to or more than that would be sufficient.


547. Pregnant and Nursing Women: Do They Need to Make up Missed Fasts?

(A) + (+H, +M, +S): If she breaks her fast out of fear for herself, she makes up for it only.

(A) + (+S): If she breaks her fast out of fear for her unborn child only, she makes up for it and also feeds one poor individual for each day she did not fast.

(-H): Making up the fast is required, but feeding a poor person is only recommended.

(-M): Making up the fast is required, but feeding a poor person is only demanded from the breastfeeding woman.

The fourth type is the person who is incapable of fasting because of old age or an incurable disease. In this case, he should feed one poor individual per day. 548

الرَّابِعُ: الْعَاجِزُ عَنِ الصَّوْمِ، لِكِبَرٍ، أَوْ مَرَضٍ لاَ يُرْجَى بُرْؤُهُ، فَإِنَّهُ يُطْعِمُ لِكُلِّ يَوْمٍ مِسْكِيْنا.

[Make Up and Expiation]

As for the rest of those who break their fast, they should only make up [those days], 549 except for someone who breaks his fast by having intercourse. In this

وَعَلَى سَائِرِ مَنْ أَفْطَرَ الْقَضَاءُ لاَ غَيْرُ إِلاَّ مَنْ أَفْطَرَ بِجِمَاعٍ فِي الْفَرْجِ، فَإِنَّهُ يَقْضِيْ، وَيُعْتِقُ رَقَبَةً،


According to Ibn ‘Abbâs (RAHUMA), in all cases, the pregnant or nursing woman only needs to feed one person for each day of Ramadan that she did not fast, and she does not have to make up for those days. (al-Bazzâr – from Ibn ‘Abbâs. ad-Dâraquṭni: S)

This is also the position of Ibn ‘Umar, as ad-Dâraquṭni authentically reported from him. This latter position is kinder to women who may be nursing or pregnant for many consecutive years, making it difficult for them to make up the fasts. (Refer to the appendix on the agreement of the four madh-habs.)

"وكان ابن عباس يقول لأم ولد له حُبلى أنت بمَنزِلة الذي لا يُطيقه فعليك الفِداء ولا قَضاء عليك."


548. Old Age and Incurable Disease

Ibn ‘Abbâs (RAHUMA) recited the following verse:

{…And for those who can fast [but do not], there is a ransom: the feeding of a person in need.} (al-Baqarah 2: 184)

وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ


Then he said, “It has not been abrogated. This ruling applies to elderly men and women who are not able to fast. Instead, they must feed one poor person for each day they do not fast.” (B)

This ruling applied to everyone in the beginning, but was then kept only for those who could fast, albeit with hardship, such as the ones mentioned by Ibn ‘Abbâs and those whose work involves hard labor, according to (A/SM).


549.
This is in general. In some cases, as he will explain, (A) requires expiation in addition to making up for it.

case, he must make it up and free a slave. If he cannot do that, he should fast two consecutive months; if he cannot, he should feed sixty individuals; and if he cannot, then the burden is lifted from him. 550

فَإِنْ لَمْ يَجِدْ، فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ، فَإِنْ لَمْ يَسْتَطِعْ، فَإِطْعَامُ سِتِّيْنَ مِسْكِيْنًا، فَإِنْ لَمْ يَجِدْ، سَقَطَتْ عَنْهُ.

If he had intercourse and did not expiate

فَإِنْ جَامَعَ وَلَمْ يُكَفِّرْ حَتَّى جَامَعَ


550.
These alternatives are to be taken in the order shown, based on the following report:

“A man came to the Prophet (SA) and said, ‘I am doomed.’ The Prophet (SA) asked why. He said, ‘I had intercourse with my wife in Ramadan.’ The Prophet (SA) said, ‘Free a slave.’ He said, ‘I cannot afford it.’ The Prophet (SA) then said, ‘Fast for two consecutive months.’ He said, ‘I cannot.’ The Prophet (SA) said, ‘Feed sixty poor persons.’ He said, ‘I cannot afford it.’ Then a large container of dates was brought to the Prophet (SA), and he said, ‘Where is the one who was asking?’ He answered, ‘Here I am.’ The Prophet (SA) said, ‘Take these and give them in charity.’ The man said, ‘Is there anyone needier than us, O Messenger of Allah? I swear by Him Who sent you with the truth, there is no household between the two lava hills (in Madinah) that is needier than my household.’ The Messenger of Allah (SA) smiled until his canine teeth were visible, and then he said, ‘Then it is for you.’” (Ag – from Abu Hurayrah)

عن أبي هُرَيْرَةَ قال: أتى النبي رَجُلٌ فقال هَلَكْتُ. قال: وَلِمَ؟ قال: وَقَعْتُ على أَهْلِي في رَمَضَانَ. قال: >>فَأَعْتِقْ رَقَبَةً. قال: ليس عِنْدِي. قال: >>فَصُمْ شَهْرَيْنِ مُتَتَابِعَيْنِ.قال: لَا أَسْتَطِيعُ. قال: فَأَطْعِمْ سِتِّينَ مِسْكِينًا. قال: لَا أَجِدُ. فَأُتِيَ النبي بِعَرَقٍ فيه تَمْرٌ، فقال: أَيْنَ السَّائِلُ؟ قال: هَا أنا ذَا. قال: تَصَدَّقْ بهذا. قال: على أَحْوَجَ مِنَّا يا رَسُولَ اللَّهِ! فَوَالَّذِي بَعَثَكَ بِالْحَقِّ ما بين لَابَتَيْهَا أَهْلُ بَيْتٍ أَحْوَجُ مِنَّا. فَضَحِكَ النبي حتى بَدَتْ أَنْيَابُهُ، قال: فَأَنْتُمْ إِذًا.


May Allah’s (ST) blessings be on the Prophet of mercy (SA).

it before he had intercourse again, then only one expiation is due on him. 551 If he expiated it and had intercourse a second time, then a second expiation is mandatory on him.

جَامَعَ ثَانِيَةً، فَكَفَّارَةٌ وَاحِدَةٌ. وَإِنْ كَفَّرَ، ثُمَّ جَامَعَ، فَكَفَّارَةٌ ثَانِيَةٌ.

Anyone who is required to abstain [from the nullifiers of fasting] in Ramadan, 552 and has intercourse, should expiate.

جَامَعَ ثَانِيَةً، فَكَفَّارَةٌ وَاحِدَةٌ. وَإِنْ كَفَّرَ، ثُمَّ جَامَعَ، فَكَفَّارَةٌ ثَانِيَةٌ.

If one delays making up the days until the next Ramadan comes, and he has an excuse, then nothing is required of him except making them up. If he procrastinated without an excuse, then he should feed one poor individual per day. 553

وَمَنْ أَخَّرَ الْقَضَاءَ؛ لِعُذْرٍ حَتَّى أَدْرَكَهُ رَمَضَانُ آخَرُ، فَلَيْسَ عَلَيْهِ غَيْرُهُ، وَإِنْ فَرَّطَ، أَطْعَمَ مَعَ الْقَضَاءِ لِكُلِّ يَوْمٍ مِسْكِيْنًا.


551.
This is only if he has intercourse twice in the same day. If he has intercourse on two different days, he is liable for two expiations, whether or not he has expiated for the first day. (A/SM)


552.
Even if the day will not count, as for those who are traveling and arrive home before maghrib, a sick person who gets better, or menstruating women whose period ends during the day, they should still abstain from the nullifiers of fasting ̶ eating, drinking, and sex ̶ out of respect. This is the correct position for (A) + (+H), yet there is another strong position (a) + (-M, -S) that they do not have to abstain from the nullifiers, but that if they do eat or drink, they should refrain from doing so in public, in order to show respect for Ramadan. This also applies to a child who reaches puberty during the day, a person who accepts Islam, and an insane person who recovers.


553.
This is the fatwa of Ibn ‘Abbâs, Abu Hurayrah, and Ibn ‘Umar (RAHUM), as reported by ad-Dâraquṭni and ‘Abdur-Razzâq. It is the position of (A) + (+M, +S).

(a) + (-H): He only needs to make up for the missed days.

If he deferred making it up (for a valid excuse) until he died, then there is nothing required of him.554 If it was without an excuse, then one poor individual should be fed per day on his behalf – unless the obligatory fasting was because of a vow, in which case someone should fast on his behalf. 555 Likewise is the ruling for [making up on someone's behalf] every vow to do a righteous deed.

وَإِنْ تَرَكَ الْقَضَاءَ حَتَّى مَاتَ لِعُذْرٍ، فَلاَ شَيْءَ عَلَيْهِ. وَإِنْ كَانَ لِغَيْرِ عُذْرٍ، أُطْعِمَ عَنْهُ لِكُلِّ يَوْمٍ مِسْكِيْنٌ، إِلاَّ أَنْ يَكُوْنَ الصَّوْمُ مَنْذُوْرًا، فَإِنَّهُ يُصَامُ عَنْهُ، وَكَذٰلِكَ كُلُّ نَذْرِ طَاعَةٍ.


554.
This is the position of (A) + (+H, +M, +S).


555. Fasting on Behalf of the Deceased

(A) + (+H, +M, +S): The obligatory fasting of Ramadan is like the obligatory prayer; it cannot be done on behalf of someone else. This is because of reports from Ibn ‘Umar and Ibn ‘Abbâs in which they said, “No one may pray on behalf of someone else, and no one may fast on behalf of someone else.”

(s, Abu Thawr, and some contemporary scholars) argue that it is recommended (Z: wâjib) for the responsible heir of the deceased to fast on his or her behalf, whether it is the fast of Ramadan or a vowed fast, because it is owed to Allah the Almighty, and because of the generality of the following hadith:

“Whoever dies while owing some fasting (to Allah), let his responsible heir fast on his behalf.” (Ag – from ‘Â’ishah)

من مَاتَ وعلَيهِ صِيَام صَامَ عَنهُ وَليُّه.


(A): It is recommended for the responsible heir(s) to make up only the vowed fasts on behalf of the deceased. To reconcile the reports, they qualified the general reports with those in which the Prophet (SA) permitted the make-up of vowed fasts. As for voluntary fasting on behalf of the deceased, this is prescribed according to (A).