The condition he put in his vow came to pass, but it was not exactly what he had in mind

A person vowed that if his work contract was renewed, he would give a certain amount in charity. In his mind he meant that this was if it was renewed for a year, but it turned out that his contract was renewed for three months. He did not utter the words “one year”. Is he under any obligation?

Praise be to Allaah.

We put this question to Shaykh Muhammad ibn Saalih al-‘Uthaymeen, may Allaah preserve him, who answered as follows:

No, he is not under any obligation. And Allah knows best.

Delaying making up Ramadaan fasts until the next Ramadaan begins

I did not fast some days in Ramadaan because of my period. This happened a few years ago, and I have not fasted these days until now. What do I have to do?.

Praise be to Allaah.  

The imams are agreed that whoever does not fast some days of Ramadaan has to make up those days before the next Ramadaan comes. 

They quoted as evidence for that the hadeeth narrated by al-Bukhaari (1950) and Muslim (1146) from ‘Aa’ishah (may Allaah be pleased with her) who said: “I used to have fasts that I still owed from Ramadaan, and I could not make them up until Sha’baan, and that was because of the position of the Messenger of Allaah (peace and blessings of Allaah be upon him) [as a husband].” 

Al-Haafiz said: 

It may be understood from her keenness to fast them in Sha’baan that it is not permissible to delay making up fasts until the next Ramadaan begins. 

If a person delays making up fasts until Ramadaan begins, one of the following two scenarios must apply.  

1 – The delay is for a reason, such as being sick and the sickness lasting until the following Ramadaan begins. There is no sin on a person for delaying in this case, because he has an excuse, and he only has to make up the days missed. So he should make up the number of days that he did not fast. 

2 – There is no reason for the delay, such as when a person was able to make up the fasts but he did not do so before the following Ramadaan began. 

This person is sinning by failing to make up the fasts with no excuse. The imams are agreed that he must make up the fasts, but they differed as to whether along with making up the fasts he must also feed one poor person for each day or not. 

Maalik, al-Shaafa’i and Ahmad said that he must feed a poor person, and they quoted as evidence for that the reports narrated from some of the Sahaabah such as Abu Hurayrah and Ibn ‘Abbaas (may Allaah be pleased with them). 

Imam Abu Haneefah (may Allaah have mercy on him) was of the view that he does not have to feed a poor person as well as making up the fasts. 

He quoted as evidence the fact that Allaah commands the one who does not fast in Ramadaan only to make up the missed fasts, and He did not mention feeding a poor person. Allaah says (interpretation of the meaning): 

“and whoever is ill or on a journey, the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”

[al-Baqarah 2:185] 

See al-Majmoo’, 6/366; al-Mughni, 4/400 

This second view was also favoured by Imam al-Bukhaari (may Allaah have mercy on him). He said in his Saheeh: 

Ibraaheem (i.e., al-Nakha’i) said: If a person neglects (to make up missed fasts) until the next Ramadaan comes, he should fast the missed days of both months. But he did not think that he has to feed a poor person. There was also a mursal report from Abu Hurayrah and Ibn ‘Abbaas which says that he should also feed a poor person. Then al-Bukhaari said: But Allaah does not mention feeding a poor person, rather He says (interpretation of the meaning): 

“…the same number [of days which one did not observe Sawm (fasts) must be made up] from other days”

[al-Baqarah 2:185] 

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said, when noting that it is not obligatory to feed a poor person: 

With regard to the words of the Sahaabah, their use as evidence is subject to further discussion if it goes against the apparent meaning of the Qur’aan. In this case, saying that it is obligatory to feed a poor person goes against the apparent meaning of the Qur’aan, because Allaah only enjoined making up the same number from other days, and He did not mention more than that. Based on this, we should not oblige the slaves of Allaah to do any more than they need to fulfil their duty. But what was narrated from Ibn ‘Abbaas and Abu Hurayrah may be interpreted as referring to what is mustahabb, not what is obligatory. The correct view with regard to this issue is that a person does not have to do anything more than making up the missed fasts, but he is sinning if he delays doing so. 

Al-Sharh al-Mumti’, 6/451. 

Based on this, then what is obligatory is to make up the fasts only, but if a person wants to be on the safe side and feed one poor person for each day missed, then that is good. 

The woman who asked this question – if she delayed making up the fasts with no excuse, has to repent to Allaah and resolve not to repeat this mistake in the future. 

And Allaah is the One Whom we ask to help us to do that which He loves and which pleases Him. 

And Allaah knows best.

Delaying making up fasts

One year I did not fast the days when I had my monthly period, and I have not been able to fast them until now. Many years have gone by and I want to make up the fasts that I owe, but I do not know how many days I have to make up. What should I do?.

Praise be to Allaah.  

You have to do three things: 

1 – You have to repent to Allaah for this delay, and regret your past negligence; you must also resolve not to do such a thing again, because Allaah says (interpretation of the meaning): 

“And all of you beg Allaah to forgive you all, O believers, that you may be successful”

[al-Noor 24:31] 

This delay is a sin, so it is essential to repent to Allaah from that. 

2 – You must hasten to fast the number of days you think you missed, and (remember that) Allaah does not burden any person beyond his scope. However many days you think you missed, you have to fast that number of days. So if you think that it was ten days, then fast for ten days; if you think that it was more or less than that, fast as many days as you think, because Allaah says (interpretation of the meaning): 

“Allaah burdens not a person beyond his scope”

[al-Baqarah 2:286] 

“So keep your duty to Allaah and fear Him as much as you can”

[al-Taghaabun 64:16]  

3 – Feed one poor person for each day if you can afford to do that, even if you give it all to one poor person. But if you are poor and cannot feed another person, then you do not have to do anything apart from fasting and repenting. 

What is meant by feeding a poor person here is giving half a saa’ of the local staple food for each day; half a saa’ is equivalent to one and a half kilograms.

Fasting on the Day of Doubt with the intention of making up a missed Ramadaan fast

I know that the Prophet (peace and blessings of Allaah be upon him) did not allow fasting on the Day of Doubt, and he forbade fasting two days before Ramadaan, but is it permissible for me to make up missed Ramadaan fasts on these two days?.

Praise be to Allaah.  

Yes, it is permissible to make up missed Ramadaan fasts on the day of doubt and one or two days before Ramadaan. 

It was proven that the Prophet (peace and blessings of Allaah be upon him) forbade fasting the day of doubt, and he forbade anticipating Ramadaan by fasting one or two days before it begins, but this prohibition does not apply to a person who has a habitual pattern of fasting, because the Prophet (peace and blessings of Allaah be upon him) said: “Do not anticipate Ramadaan by fasting one or two days before it begins, but if a man habitually fasts, then let him fast.” Narrated by al-Bukhaari, 1914; Muslim, 1082. So if a person is used to fasting on Mondays, for example, and that coincides with the last day of Sha’baan, then it is permissible for him to observe that as a voluntary fast and it is not forbidden for him to do so. 

If it is permissible to observe a voluntary fast that one does regularly, then it is more appropriate that it should be permissible to make up a missed Ramadaan fast, because that is obligatory, and because it is not permissible to delay making up missed fasts until after the following Ramadaan. 

Al-Nawawi said in al-Majmoo’, 6/399: 

Our companions said: It is not correct to fast on the day of doubt when it is uncertain that Ramadaan has begun, and there is no difference of scholarly opinion on this point… But if a person fasts it to make up for a missed fast, or in fulfillment of a vow, or as an act of expiation (kafaarah), then it is permissible, because if it is permissible to observe a voluntary fast on that day for one who has a reason to do so, then it is more appropriate that one should be allowed to observe an obligatory fast.  This is like the time when it is forbidden to pray (when one may nevertheless offer a prayer for which there is a reason). And if a person still owes some missed Ramadaan fasts, then he has to observe those fasts, because the time for making it up has become very short.

Ruling on one who forgets to make up missed fasts before the next Ramadaan comes

What is the ruling on one who forgets to make up missed fasts before the next Ramadaan comes?.

Praise be to Allaah.

The fuqaha’ are unanimously agreed that forgetting is an excuse which means that there is no sin or accountability in all matters, because of a great deal of evidence in the Qur’aan and Sunnah, but they differed as to whether the fidyah is still required in cases of forgetfulness. 

With regard to the issue of forgetting to make up missed Ramadaan fasts before the next Ramadaan comes, the scholars are also unanimously agreed that they must still be made up after the second Ramadaan, and they are not waived as a result of forgetting. 

But they differed as to whether the fidyah (which is feeding a poor person) is required when making up the missed fast (after the second Ramadaan has come and gone). There are two points of view: 

1 – That the fidyah is not required, because forgetting is an excuse that means there is no sin and the fidyah is waived. 

This was the view of most of the Shaafa’is and some of the Maalikis. 

See: Tuhfat al-Muhtaaj by Ibn Hajar al-Haytami (3/445); Nihaayat al-Muhtaaj (3/196); Minah al-Jaleel (2/154); Sharh Mukhtasar Khaleel (2/263). 

2 – That the fidyah is required, and forgetting is an excuse that means there is no sin only. 

This was the view of al-Khateeb al-Sharbeeni among the Shaafa’is, who said in Mughni al-Muhtaaj (2/176): 

It seems that it means there is no sin only, and that the fidyah is not waived. 

This was also stated by some of the Maalikis. 

See: Mawaahib al-Jaleel Sharh Mukhtasar Khaleel (2/450). 

The more correct view is the former, in sha Allaah, for three reasons: 

1 – The general meaning of the verses and ahaadeeth which say that people are not held accountable for forgetting, such as the verse in which Allaah says (interpretation of the meaning): 

“Our Lord! Punish us not if we forget or fall into error”

[al-Baqarah 2:286] 

2 – The basic principle that one is not subject to any expiation or fidyah except with evidence, and there is no reliable evidence in this case.                                

3 – There is a difference of opinion as to whether this fidyah is required in the first place, even in the case of one who delays making up the fasts deliberately. The Hanafis and Zaahiris are of the view that it is not obligatory and Shaykh Ibn ‘Uthaymeen was of the view that it is only mustahabb, because there is no report to suggest that it is prescribed except from the actions of some of the Sahaabah, which is not strong enough to suggest that people be obliged to follow it, let alone oblige them to do it in a case where Allaah has granted an excuse. 

See the answer to question no. 26865. 

To sum up, he only has to make up the missed fasts, and he does not have to feed the poor, so he should make them up after Ramadaan. 

And Allaah knows best.

He did not fast Ramadan because of sickness 25 years ago and he has not made it up until now

My husband was bitten by a snake twenty-five years ago, one day before Ramadan, and he was in a critical state for two months. The following year he did not fast for ten days, until the doctor allowed him to fast. And my husband was not able to feed poor people because he was very poor. Does he have to make up the fast and feed poor people because now he is well off, praise be to Allah?.

Praise be to Allaah.

Firstly: 

Putting off asking about the Islamic ruling on this matter for such a long time is clear heedlessness. Your husband should have asked about that immediately after he was bitten by that snake, especially since it was only one day before Ramadan. 

Your husband has to repent to Allah for this delay, and he has to regret it and resolve not to do such a thing again. And we ask Allah to accept his repentance. 

Secondly: 

Sickness is one of the excuses that make it permissible not to fast during Ramadan, based on the text of the Holy Qur’aan and the consensus of the scholars. 

Ibn Qudaamah said in al-Mughni (1/42-43): 

The scholars are unanimously agreed that it is permissible in general for sick people not to fast. The basis for that is the verse in which Allah says (interpretation of the meaning):

“But if any of you is ill or on a journey, the same number (should be made up) from other days”

[al-Baqarah 2:184]. 

This sickness that makes it permissible not to fast is severe sickness that will be made worse by fasting or there is the fear that fasting will delay recovery. End quote. 

If a person breaks the fast because of sickness, his case should be examined further. 

If it was a sickness for which there was no hope of healing or recovery, then he has to pay the fidyah (ransom), which is to feed one poor person for each day that he did not fast. Then the scholars differed if the person is poor and not well off – does he have to pay the fidyah if he becomes well off or is it waived in his case? 

But if there was the hope of healing and recovery from his sickness, then he should wait until he recovers and make up the days that he missed, and he does not have to pay the fidyah. Also it is not permissible for him to move from making up the fast to paying the fidyah instead. 

Al-Nawawi said in al-Majmoo‘, 6/261-262: 

If a person is sick and is unable to fast because of sickness that he hopes to recover from, he does not have to fast at present, but he has to make it up. This applies if he will face considerable difficulty in fasting. End quote. 

Ibn Qudaamah said in al-Mughni, 3/82: 

The sick person who has no hope of recovery may not fast, and he should feed one poor person for each day… this is understood to apply to the one who has no hope of becoming able to make up the fasts. If he does hope to become able to do so, then he does not have to offer the fidyah, and he has to delay making up the fasts and do that when he becomes able to do it, because Allah says (interpretation of the meaning):

“But if any of you is ill or on a journey, the same number (should be made up) from other days”

[al-Baqarah 2:184].

He only moves on to paying the fidyah instead if he loses hope of becoming able to make up the fasts. End quote. 

What seems to us to be the case -- and Allaah knows best -- is that what befell your husband was a temporary sickness from which he hoped to recover, and indeed Allah healed him. So he has to make up the days that he did not fast because of that sickness; it is not sufficient for him to feed the same number of poor people as the days he missed. 

But, if he feeds poor people as well as making up those days, this is on the safe side, especially since you say that he is now well off, praise be to Allah. 

See also the answer to question no. 26865 

And Allah knows best.

How to start fair treatment between two wives

 

If a man marries a second wife, how should he start fair treatment between his two wives?

Praise be to Allaah.

Ibn Qudaamah said: If he marries a virgin, he should stay with her for seven nights, then start alternating (between his wives). If he marries a previously-married woman, then he should stay with her for three nights. That is because Abu Qulaabah narrated that Anas (may Allaah be pleased with him) said: “It is part of the Sunnah, if a man marries a virgin after marrying a previously-married woman, that he should stay with her for seven days, then start sharing his time, and if he marries a previously-married woman, he should stay with her for three days, then start sharing his time.” Abu Qulaabah said: If you wish, you may say that Anas attributed this to the Prophet (peace and blessings of Allaah be upon him) and it is agreed upon.  If the previously-married woman wants him to stay with her for seven days, then he should do that, and make it up to the other wives later on , because Umm Salamah narrated that the Messenger of Allaah (peace and blessings of Allaah be upon him) stayed with her for three days, and he said, “You are not unimportant; if you want I can stay seven nights with you, but if I do that, I have to do likewise with the rest of my wives.” According to another version, “If you wish, I will stay with you for three nights, then I will alternate among you.” According to another report: “If you wish, I will stay with you for three nights exclusively for you.”