Making up missed days of Ramadan is an obligation that need not be fulfilled immediately
because the time for fulfilling is very wide and one may perform it at any time.
This is also the case with the fast of expiation. It has been authentically reported
that 'Aishah would make up her missed days during the month of Sha'ban (the month
preceding Ramadan), and that she did not perform them immediately even if she had
the ability to do so.
Observing the fast of Ramadan and making up the days are the same with respect to
the fact that if one day of Ramadan is missed, then only one day needs to be made
up. There is no additional penalty. They differ about the fact that when a person
makes up the missed days he need not do so on consecutive days. This is because
Allah says: "For him who is sick or on a journey, [the same] number of other days"--that
is, whoever is sick or traveling and breaks the fast must fast the same number of
days that he missed, consecutively or unconsecutively.
Allah has ordered the fast in a general manner without any restricting clauses.
As for making up the missed days of Ramadan, ad-Daraqutni recorded from Ibn 'Umar
that the Prophet said: "If you wish, make them on nonconsecutive days and if you
wish on consecutive days."
If one delays performing the missed days of fasting until the next Ramadan comes,
he is to fast the present Ramadan and then make up the days from the previous Ramadan.
There is no ransom payment to be made, regardless of whether the person delayed
the fasting due to some acceptable excuse or not. This is the opinion of the Hanafiyyah
and al-Hassan al-Basri. Malik, ash-Shaf'i, Ahmad, and Ishaq agree that there is
no ransom payment if the fasting was delayed due to some excuse, but they differ
when the fasting was delayed without any acceptable excuse. In such a case, according
to them, the person should fast the present Ramadan and then make up the days he
missed from the previous Ramadan along with a ransom payment of a mudd of food given
in charity each day. It should be noted that they have no acceptable evidence for
that opinion. Apparently, the correct opinion is that of the Hanafiyyah, as there
is no lawmaking without an authentic legal text to support it (that is, a Qur'anic
verse or hadith).
The scholars agree that if an individual dies and has missed some prayers during
his life, his guardian or heir is not to perform those prayers on his behalf. Similarly,
if one does not have the ability to fast, no one is to fast for him while he is
alive. There is a difference of opinion over the case of one who dies and has not
made up some days of fasting although he had the ability to do so.
Most scholars, including Abu Hanifah, Malik, and the Shaf'iyyah, say that the guardian
or heir is not to fast on such a person's behalf, but is to feed one person a day
for the missed days. The chosen opinion, however, among the Shaf'iyyah is that it
is preferred for the guardian to fast on the deceased's behalf, thus fulfilling
his duty. There is therefore no need for him to feed anyone.
The meaning of guardian is near relative, whether it be an agnate or an heir or
someone else. If a non-relative fasts for the deceased, it will only be valid if
he got the permission of the guardian.
The proof for the preceding is what Ahmad, al-Bukhari, and Muslim recorded from
'Aishah. The Messenger of Allah, upon whom be peace, said: "If one dies and has
some fasts to make up, then his guardian' should fast on his behalf." Al-Bazzar
added the words: "If he wishes to do so, while Ibn 'Abbas related that a man came
to the Prophet and said: "O Messenger of Allah, my mother died and a month's fasting
was due from her. Should I fast on her behalf?" The Prophet asked: "If your mother
had a debt would you fulfill it for her?" He said, "Yes." The Prophet observed:
"A debt to Allah has more of a right to be fulfilled." This is related by Ahmad,
atTirmizhi, an-Nasa'i, Abu Dawud, and Ibn Majah.
An-Nawawi [one of the most knowledgeable of the Shaf'iyyah] says: "That statement
is the most authentic one, and we follow it. This is the opinion that has been determined
to be correct according to our companions in both hadith and fiqh."
Scholars differ about what the Muslims who are in areas where the day is extremely
long and the night is short should do. What timings should they follow? Some say
they should follow the norms of the areas where the Islamic legislation took place--that
is, Makkah or Madinah. Others say they should follow the timings of the area that
is closest to them which has normal days and nights.
ICTruth.info