Question:
Assalamualaikum wbt,
What is the ruling of replacing the fast of a deceased? A deceased still has several days of fasting which haven’t been replaced but has passed away before being able to do so.
Answer:
Waalaikumussalam wrt, wbt.,
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
For the above question, if a person is in a continuous debilitation until he dies such as he is suffering from a chronic disease, continuously travelling, unconscious, pregnant, breastfeeding or others, then it is not considered as a sin. It is not wajib for him nor his heirs for the obligation of fasting is abrogated until he dies. [1]
If a person is able to replace his missed face regardless of whether it is because of an excuse permitted or not, however, it is not replaced before he dies, then according to the madhhab al-Qadim (and it is the rajih and sahih opinion by the muhaqqiq), in this situation, it is permissible for the heir to replace the fast of the deceased however this is not wajib. This is according to a hadith from ‘Aisyah RA, where the Prophet PBUH said:
مَنْ مَاتَ وَعَلَيْهِ صِيَامٌ صَامَ عَنْهُ وَلِيُّهُ
"Whoever dies while he still has some fasts to make up (of the days of Ramadan), then his heir (any of them) should fast on his behalf.”
Sahih al-Bukhari (1952) and Sahih Muslim (1147)
Al-Imam al-Nawawi Rahimahullah in his book al Minhaj stated that for those who break their face because of continuous debilitation or illness, then there is no fasting on them and it is unnecessary to pay fidyah on their behalf, nor should others fast for them. [2]
In another hadith from Ibn ‘Abbas R.Anhuma, a man came to the Messenger of Allah (ﷺ) and said: Messenger of Allah, my mother has died (in a state) that she had to observe fasts of a month (of Ramadan). Should I complete (them) on her behalf? thereupon he (the Holy Prophet) said: Would you not pay the debt if your mother had died (without paying it)? He said: Yes. He (the Holy Prophet) said:
فَدَيْنُ اللَّهِ أَحَقُّ أَنْ يُقْضَى
“The debt of Allah deserves more that it should he paid.”
Sunan Abu Daud (3310)
It is permissible for the heirs of the deceased to replace his fast or it is also permissible to pay others to fast on the behalf of the deceased. If there are outsiders (not from among the deceased’s heirs) who fasts on the deceased’s behalf without the permission or will from the deceased then the fast is invalid. [3]
If the heirs of the deceased do not replace the face of the deceased nor did others, then fidyah is paid using the inheritance left by the deceased of one mudd for each day missed. If the deceased did not leave any inheritance, then it is permissible for others to pay it from their property to settle the debt of the fast of the deceased in the form of fidyah. Wallahua’lam.
Endnotes:
[1] See Al-Mu`tamad fi al-Fiqh al-Shafi`e. Dar al-Qalam, 2/201.
[2] See al-Minhaj Syarh Sahih Muslim. Dar Ihya’ al-Turath al-`Arabiy, 8/23.
[3] See Al-Mu`tamad fi al-Fiqh al-Shafi`e. Dar al-Qalam, 2/202.