Thekabarnews.com—What happens if someone puts off paying off their missed Ramadan fasts from last year until the next Ramadan?

My brothers in the Muslim faith, may Allah ﷻ have mercy on you.

Yes, cases like the one in the title above happen a lot.

What responsibilities should someone in this scenario fulfill?

Be aware that our scholars have different views on this issue. Here are some of them:

FIRST: His duty is to fast during the upcoming Ramadan. After that, he must make up for the fasts he missed last year. He must also give food to a poor person every day, equal to the number of fasts he missed last year that he has not yet made up for (i.e., paying fidyah).

This approach is the view of most Fuqoha’ (Islamic jurists), including Abu Hurairah, Ibn Abbas, and Umar ibn Al-Khattab. These were companions of the Messenger of Allah. May Allah ﷻ be pleased with them.

(See Al-Baihaqi (4/253) and Ad-Daruquthni (2/197); their chains of narration are legitimate, as is Al-Muhalla (no. 767); however, its chain of narration is stopped).

Al-Imam Ath-Thohawi cited Yahya bin Al-Aktsam, may Allah ﷻ have mercy on him, who stated, “I learned from six companions of the Prophet Muhammad ﷺ, and I am unaware of any dissent among them over this issue.”

Al-Jashshosh talks about this in Ahkamul Qur’an, 1/292.

SECOND: He must fast this Ramadan and make up for last year’s missed fasts. But he doesn’t have to pay fidyah.

Al-Hasan Al-Bashri, An-Nakho’i, and Ashhabur Ro’yi (Abu Hanifah and his friends) all agree with this.

They say things that go against the words of Allah the Exalted:

“Then an equal number of days [are to be made up].” (Quran | Al-Baqarah: 184).

Al-Imam Al-Bukhari, may Allah ﷻ have mercy on him, preferred this view. He said, “In the verse, Allah ﷻ doesn’t specify the command to feed those who are obligated to fasting; He merely says, Then let him replace his fasting debt on other days.'”

THIRD: His duty is to fast during Ramadan this year. Once it is finished, he can make up for the missed fasts from the previous year by paying fidyah (feeding one needy person each day) without needing to do qodho’ (in other words, simply fidyah is adequate, without qodho’).

This is the view of Sa’id bin Jubair and Qotadah, may Allah ﷻ have mercy on them.

However, this opinion is weak because it goes against what the Qur’an seems to say.

The second opinion is the strongest and most chosen of the three above.

In other words, he only needs to make up for the fasts he missed (pay off the debts from the last Ramadan fasts he didn’t do) when he has finished the current Ramadan fast.

This is the opinion that Al-Imam Ibn Hazm, Al-Shawkani, Al-Wadi’i (Sheikh Muqbil bin Hadi Al-Wadi’i, may Allah have mercy on him), and Sheikh Ibn Uthaymeen, may Allah have mercy on them all, prefer.

(See: Ithaaful Anam bi Ahkaami wa Masaailis Shiyaam, p. 173).

Our master, Sheikh Al-‘Allamah Yahya bin Ali Al-Hajuri, may Allah preserve him, likewise agrees with this view.

Someone asked him, may Allah ﷻ protect him, “Someone owes a fast, but he cannot do it till the next Ramadan. What should he do?”

He, may Allah ﷻ protect him, said, “If he sees the second Ramadan, he should fast for that second Ramadan. He should make up for the missed fasts from the last Ramadan right after Ramadan ends, according to the hadith:

“Do nice things quickly.”

Additionally, this is supported by the Holy Word of Allah ﷻ:

So hurry and do good things. “Then compete with each other in good actions.”

The words of Allah the Exalted are as follows:

And hurry to ask your Lord for forgiveness and a garden. “And hurry to ask your Lord for forgiveness and (towards) Paradise…”

He has to make up for his missed fasts since Allah the Exalted says the following:

(So if any of you are sick or traveling, then it’ll be a few days later.)

“Then anyone who is unwell or traveling and can not fast for these reasons should make up the fast on other days (not in the month of Ramadan).”

Most scholars agree that he doesn’t have to pay kaffarah or fidyah, as it is considered delaying the duty to pay off the fasting debt quickly.

Ibrohim An-Nakho’i, may Allah ﷻ have mercy on him, stated, “There is no expiation for such a guy.”

Al-Bukhari, may Allah ﷻ have mercy on him, said, “Allah just told that person to make up for it.”

Imam An-Nawawi, in his book Al-Majmu’ Syarh Al-Muhadzdzab, also endorses the view of An-Nakho’i and Al-Bukhari that no penalty (kaffarah) is necessary. Many scholars, including As-Sheikh Muqbil, also agree and state that he does not need to pay kaffarah (i.e., fidyah) because the Qur’an clearly explains it.

I have looked into the statement or opinion of Ath-Thohawi, may Allah ﷻ have mercy on him, and found it from six companions. None of them disputed it, as Al-Imam Ibn Batal wrote in Syarh Al-Bukhori.

Consequently, the lesson, regarded as a reference, serves as evidence, and the most exemplary guidance is that of Prophet Muhammad ﷺ. Anything he didn’t mention is okay. There has been a disagreement among academics on this issue. There is no consensus (ijma’) on this question. Furthermore, there is no proof that necessitates or requires giving kaffarah (compensation by paying fidyah).

Our instructor, Sheik Yahya bin Ali Al-Hajuri, may Allah ﷻ preserve him, wrote Ithaaful Kirom bi Ajwibati Ahkaami Az-Zakah wal Hajj was Shiyaam (pp. 385-386).

In conclusion, the following statements accurately reflect the truth about the aforementioned topic:

If he still owes fasting arrears from the last Ramadan when the new one starts, he must fast first in the new Ramadan.
He still has to pay off the debt from last year’s Ramadan fast after finishing this year’s fast. He does not have to do anything more.

And Allah ﷻ knows best.

This ends our talk. I hope it has given you more information that will help all of us.

Allah ﷻ bless you.

By: Abu Abdirrohman Yoyok WN Sby.

(References: Syarhus Sunnah (3/506-507) by Al-Baghowi, may Allah have mercy on him; Al-Majmu’ Syarh Al-Muhadzdzab (6/364) by An-Nawawi, may Allah have mercy on him; Al-Mughni (3/40) by Ibnu Qudamah, may Allah have mercy on him; Fathul Bari Syarh Shohih Al-Bukhori (no. 1950) by Al-Hafidz Ibnu Hajar Al-Asqolani, may Allah have mercy on him; Tafsir Al-Qurthubi (2/283) by Imam Al-Qurthubi, may Allah have mercy on him; Al-Muhalla (no. 767) by Ibnu Hazm, may Allah have mercy on him).