Qadha, Kaffarah, Fidyah (Missed Fasts and Compensation)
(Shaykh Ashraf Ali Thanwi)
Smoking and Using the Inhaler Breaks the Fast According to Ijma’
(Hazrat Maulana Ahmad Sadeq Desai)
FATWASQ. I have a number of last year’s Ramadhaan fasts to make qadha. Is it compulsory to keep these fasts consecutively?
A. Qadha fasts (fasts which you had missed last year or any other year) may be discharged over a period. It is not incumbent to fast consecutively. It could be spread over a couple of weeks or months.
Q. During my youth I had missed many fasts almost every year. I do not remember the number. How should I make qadha of such fasts?
A. You have to reflect – think deeply and fix a number of fasts which had been broken in the past., then begin making qadha. After reflecting, whatever number your heart tells you, accept it as such and commence making qadha.
Q. A person mistakenly eats during Ramadhaan. Then, thinking that his fast is broken, intentionally eats. What is the ruling?
A. In this case only Qadha is incumbent. Kaffaarah is not waajib. However, if despite him being aware of the mas’alah, he intentionally eats, then Kaffaarah will also be compulsory. But if he is genuinely not aware of this mas’alah, then only Qadha is waajib.
Q. I continued eating while the Athaan for Fajr was being recited, but stopped a few seconds after commencement of the Athaan. Is my fast valid?
A. Your fast is not valid. You have to make qadha of one fast.
Q. My sickly mother was unable to fast during the Month of Ramadhaan. Does she have to pay Fidyah for the fasts she had not kept?
Q. Fidyah is paid only when a person will not be able to make qadha of the fasts which were missed due to illness, journey, etc. If the sickness of your mother is temporary and there is hope of her regaining her health, then Fidyah will not be valid. She will have to make qadha of the fasts when she is able to do so. However, if there is no hope of her recovering, then Fidyah has to be paid. The Fidyah for each missed fast is the same as the amount given as Sadqatul Fitr.
Q. Is the Fidyah for missing a Ramadhaan fast the same amount as Sadqatul Fitr?
A. Yes, the amount is the same. It should, however, be remembered that payment of Fidyah is valid only if there is no hope of the person regaining sufficient health to fast. If the sick person who misses fasts during Ramadhaan, recovers after Ramadhaan, then he/she will have to compulsorily make qadha of the missed fasts even if Fidyah was paid. The fidyah will then become Nafl Sadqah.
Q. After paying fidyah for fasts which could not be kept due to severe illness, a person recovers. Does he have to make qadha of the missed fasts?
Yes, he has to make qadha. The fidyah which he had given will become a Nafl Sadqah.
Q. What is the compensation for my inability to fast?
A. If you are unable to fast during Ramadhaan due to ill-health, then after Ramadhaan when you regain your health, you must make qadha of the missed fasts. If there is no hope of recovering from the sickness and you are truly unable to fast, then Fidyah has to be paid. For each missed fast the amount is the same as the amount of Sadaqatul Fitr. This amount should be given to the Muslim poor. However, even after having paid the Fidyah, if your health recovers and you are able to fast, qadha of the missed fasts has to be made.
Q. Is fidyah paid for only the Ramadhaan fasts which one is unable to keep or does it have to be kept for Nafl fasts which were broken but not discharged afterwards?
A. If a Nafl fast is broken, qadha of it is Waajib. If due to ill-health or extreme weakness and old age, one is unable to keep the qadha, then fidyah has to be paid for even such unkept qadha obligation
Q. How much fidyah is it for Namaaz and Ramadhaan Fasts? What is the correct word: fidyah or kaffaarah?
A. For Qadha Namaaz and Qadha Roza, the term Fidyah is used. If it is a 60 day Kaffaarah Roza, then the term Kaffaarah will be used. If it is the penalty for a violated oath, it will be Kaffaarah. The Fidyah for a Qadha Namaaz is the same amount as the Fitrah amount which is about R15 ($2). That is for one day’s Qadha it will be R90. This includes the Witr Namaaz. The same applies for each Qadha Roza.
Q. What is the Fidyah amount for a person who is unable to fast?
A. The fidyah amount is the same as Sadqatul Fitr, i.e. the price of about 2 kg flour. Whatever the price of the flour is at your end will be the Fidyah amount.
Q. I committed a heinous sin. I ruined two days of Ramadhaan by breaking the fast with sexual relations. What is the penalty for this sin?
A. Taubah – sincere repentance, and keeping 60 days consecutive fasting. In addition to the 60 days Kaffaarah, two days of Qadha have to be observed. The 60 days must be one after the other without missing even one day.
Q. I broke two rozas without valid reason. Do I have to fast 120 days to compensate for this sin? If yes, should the 120 days be kept altogether or could I keep 60 days, then after some time begin the second 60 days?
A. Only one 60 day Kaffaarah applies to the fasts nullified in one Ramadhaan. You don’t have to fast 120 days. You have to fast 62 days – 2 days are Qadha and 60 days is the Penalty. Two 60 day Kaffaarah would apply if the fasts were broken in different Ramadhaans.
Q. The wife was not fasting. The husband who was fasting indulged in sexual relations with his wife. Does the 60 day Kaffaarah apply to both?
A. The husband has to keep sixty consecutive days of fasting as the kaffaarah for destroying his fast of Ramadhaan. While there is no kaffaarah on the wife since she was not fasting, she still has to make qadha. She is also guilty of a very serious sin for having submitted to her husband’s evil/haraam desire. She is instrumental for this difficult kaffaarah which her husband has now to observe.
Q. I am confused regarding the kaffaarah of 60 days for intentionally breaking a fast during Ramadhaan. In one issue of The Majlis it is mentioned that if a Ramadhaan qadha fast is intentionally broken, there is no kaffaarah while in another issue the 60 day kaffaarah is mentioned. Please explain the conflict.
A. There is no conflict. You have confused Ramadhaan qadha with fasts which are kept during the month of Ramadhaan. If a person makes niyyat (intention) during the night time (i.e. before Subh Saadiq/Fajr time) to fast the next day of Ramadhaan, and he breaks this fast without valid reason, he is liable for the 60 day Kaffaarah penalty. This penalty applies if the fast is broken during the month of Ramadhaan. However, if one had not fasted for some reason during Ramadhaan, then one has to make Qadha of the missed fast. This Qadha will obviously be made after Ramadhaan. If a person begins the day making qadha of his fast, and then breaks this Qadha fast intentionally without valid reason, the 60 day penalty does not apply to this qadha fast. He still has to make only one qadha fast. The penalty applies only when breaking intentionally a fast during the month of Ramadhaan.
Q. When qadha fasts of Ramadhaan are made, should Taraaweeh also be performed?
A. Qadha of Taraaweeh is not made. When making qadha of missed fasts, there is no Qadha of Taraaweeh Salaat with it.
Q. Should qadha of Taraaweeh be made if one has abstained?
A. There is no Qadha for Taraaweeh. One should make taubah.
Q. A Shaafi has not made qadhaa of some of his Ramadhaan fasts which he had missed three years ago. What is the ruling of the Shaafi’ Math-hab?
A. Shaafis who delay their qadha fasting have to pay a penalty (Fidyah) for each fast. The Fidyah is the Sadqah Fitr amount. For each fast, in addition to making qadha, the Fidyah should be paid. Delay in this context means that the qadha was not made by the time the next Ramadhaan arrived.
Q. When a woman misses rozas (fasts) on account of pregnancy or breast-feeding, can she compensate by paying the Fidyah?
A. The woman who had missed her Rozas due to pregnancy or breastfeeding has to make qadha of the fasts. Paying fidyah will not compensate.
Q. A relative who has died could not fast due to severe illness nor did he make a wasiyyat for fidyah to be paid for the missed fasts. He died during this illness. Can we pay the fidyah for him?
A. If the deceased person had not recovered from the sickness to enable him/her to make qadha of the missed fasts, then Fidyah is not incumbent. The obligation is waived. However, if the sick person had recovered and was able to execute the Qadha, but had not done so, then Fidyah is imperative.
Q. A man while making qadha of a fast which he had missed in Ramadhaan, made a wasiyyat that if he dies, the Fidyah of the fast should be paid. Before the fast ended, he died. Is it Waajib to pay the Fidyah?
A. If before keeping the qadha fast, the person did have an opportunity of fulfilling the qadha, but had not done so, then in the case mentioned by you, the Fidyah must be made. Only if the person did not gain an opportunity to keep the qadha, will Fidyah not be Waajib. For example, a person due to severe illness was unable to keep a fast in Ramadhaan. His sickness continued for a few days after Ramadhaan. There was not a single day without the severe illness, hence he was not able to keep the qadha. He died during this sickness. In this case the qadha is waived, and Fidyah is not Waajib. However, after the sickness, he recovered for a day or two, and had sufficient health/strength to keep the qadha, but he did not. In this case Fidyah is Waajib. Thus, if this person after making wasiyyat, fasts and dies during the fast, then it is Waajib to pay the Fidyah as he had made wasiyyat.
Q. If the heirs are aware that their deceased parent is liable for many Qadha Salaat and Fasts, is it obligatory for them to pay fidyah or kaffaarah?
A. If the mayyit (deceased) had made a wasiyyat (bequest/directive) that fidyah, kaffaarah, etc. should be paid on his behalf, then it is compulsory to fulfil the wasiyyat and pay the fidyah, kaffaarah, etc. from one third of his/ her assets. If a wasiyyat was not made, then it is not incumbent on the heirs to pay fidyah, kaffaarah, etc. for the deceased. However, if they wish to do so, then each one should give from his/her share and it may not be imposed on any heir. Furthermore, nothing may be taken from the shares of minors.
Q. If a person dies without having discharged all his qadha Salaat and Saum, can his heirs perform the Salaat and fast on his behalf?
A. It is not valid to fast and perform Salaat on behalf of the mayyit or on behalf of anyone. Only Fidyah will absolve the mayyit (deceased) of his obligation. If the mayyit had made a wasiyyat (bequest) for the Fidyah (monetary compensation) of his Salaat and Saum to be paid, then it will devolve as an obligation on the heirs to pay the Fidyah from one third the value of all of his assets.
Q. After the death of a man who had not fasted for several years nor had he made a wasiyyat for Fidyah to be paid for his unkept fasts, will it be permissible for his sons or other relatives to fast on his behalf to fulfil his qadha obligation?
A. This is not permissible. The fasting by his relatives will not compensate for his obligation. They can only make dua of maghfirah (forgiveness) for him and perform acts of charity and ibaadat with the intention that Allah Ta’ala will bestow the thawaab to him and forgive him.
Q. A person while at home began the fast during the month of Ramadhaan. Then he went on a journey and along the journey he broke the fast. What is the penalty for this or was it permissible to break the fast?
A. It was not permissible to have broken the fast without valid reason. He was required to have completed the fast even whilst travelling. Kaffaarah is not Waajib for having broken the fast on the journey. He has to make qadha of that day.
Q. I became a baaligh during Ramadhaan just after Subh Saadiq. I did not fast on that day. Should I keep qadha of that day?
A. There is no qadha for that day when you had become baaligh since the time of your buloogh was after Subh Saadiq. When a person attains buloogh during the daytime, i.e. at any time after Subh Saadiq, the fast of that day is not compulsory. Nevertheless, it still is incumbent to refrain from eating and drinking and to remain like a fasting person. This is for observing the respect and honour of Ramadhaan. for which there will be much thawaab. (Subh Saadiq is the time when the time for Fajr Salaat commences. Buloogh is the occasion of attaining adulthood. This is either by emission of semen. If by the age of 15 this condition is not experienced, then buloogh has been attained. From 15 onwards a person is an adult in Islam even if none of the physical signs of adulthood had appeared.)
Q. A man was in a coma for 20 days during the month of Ramadhaan. Does he have to make qadha of the days he did not fast or will payment of Fidyah suffice?
A. He has to make qadha of the days he was in the coma. Fidyah will not be valid if he is able to fast.
Q. Throughout the month of Ramadhaan a man was in a coma. He regained conciousness after Ramadhaan. What is the law regarding the fasts which he had missed?
A. If he was unconcious the entire month, then the Ramadhaan obligation is waived. He need not make qadha of the missed fasts. If, however, a person becomes unconcious or goes into a coma during the month of Ramadhaan, then he has to make qadha of the fasts he had missed.
Q. On the 15th Sha’baan I fasted the whole day. I am breast-feeding my baby of 7 months. By 4 p.m. I had no milk. Yesterday (i.e. the 2nd of Ramadhaan) I fasted until 4.30 p.m.. I became dizzy and light-headed and I did not have enough milk to feed the baby. What should I do? My baby feeds every two hours and this is his only source of nourishment.
A. In the circumstances you are allowed to forgo fasting. After Ramadhaan, as soon as it becomes possible, make Qadha of the missed fasts.
Q. If masturbation is practiced during fasting, is the fast broken? What compensation has to be paid in order to make the fast good again?
A. Masturbating nullifies the fasting, and besides the destruction it inflicts on the fast, it brings great spiritual havoc in its wake. Masturbation by itself is a heinous sin. To practice it while fasting is sin aggravated. Like Thawaab for virtue practiced in Ramadhaan is multiplied manifold, so is the Wrath of Allah Ta`ala and His Punishment multiplied manifold for the perpetrators of sin during fasting. There is no compensation which could be offered to rectify this heinous wrong committed during Ramadhaan in so far as the Thawaab of fasting is concerned. Qaza of the fast has to be made to discharge the obligation, but such Qaza will not redeem the Thawaab of fasting annihilated by the evil act of masturbation. The perpetrators of this evil has only one hope. i.e. the Mercy of Allah Ta`ala. He should make Taubah and seek Allah Ta`ala’s forgiveness. Regret and sincere repentance will, Insha`Allah, obliterate the damage wrought by this sin. Allah Ta`ala says in the Holy Qur`aan: “And despair not of the Mercy of Allah. Verily, He forgives all sins.”
Q. A Muslim youth has signed a contract with a European sports club. He has to play soccer for the club. The daytime hours in Europe currently are very long. The fast is about 20 hours. Is it permissible for him to abstain from fasting and make qadha?
A. Abstention from the Fardh fasting of Ramadhaan for the satanic, haraam sports is tantamount to kufr. It is never permissible to abstain from fasting for this shaitaani reason.
Q. Is it permissible for a person travelling in comfort to abstain from fasting during Ramadhaan?
A. Whilst it is permissible for a traveller to abstain from fasting, if the journey is not arduous, it will be better to fast. If he avails himself of the concession and abstains from fasting, then he has to make qadha of the days he misses.
Q. Is it necessary for a traveller to abstain from fasting?
A. It is better to fast even when travelling. Only those who are weak, sick and very tired should not fast while travelling. It is not compulsory to abstain from fasting whilst on a journey. It is meritorious to fast even on a journey. Qadha of such missed fast has to be made.
Q. A woman due to sickness missed 15 days fasting of Ramadhaan. How much should she pay to compensate for the missed fasts?
A. Paying Fidyah for missed fasts is valid only when one has lost all hope of recovering from the sickness. If a person recovers sufficient health to fast, then paying Fidyah is not permissible. Qadha must be made. However, if a person has lost all hope in being cured, then the Fidyah for one day is the same as the Sadqatul Fitr which is the price of 2 kilograms of flour.
Q. Must a Nafl fast which was broken be kept again?
A. If Niyyat (intention) for the Nafl fast was made during or after Subh Saadiq (i.e. approximately 1 hour 30 minutes before sunrise Subh Saadiq commences) then Qadhaa will have to be kept for the fast broken. However, if Niyyat was made during the night, but before entry of Subh Saadiq, one decided not to keep the fast, then no Qadhaa is necessary. Hence, Qadhaa will have to be kept for a Nafl fast broken.
Q. If I keep my Ramadhaan qadha fasts in Shawwaal, will I also receive the reward of the six Nafl fasts of Shawwaal?
A. If the niyyat is Qadha, the thawaab of the Masnoon fast will not be received.
Q. At night I intended to fast the next day, but I overslept and did not wake up for Sehri. I therefore resolved not to fast. Do I have to make qadha?
A. As long as you did not commence the Nafl fast, there will be no qadha even if you had intended to fast. But if after Subh Saadiq you had begun the fast, then broke it, qadha will be Waajib.