Fasting

                                         2^nd December 2013

السلام عليكم و رحمة الله و بركاته

Question: For the past three years, Alhamdulillah I have started fasting properly and I am 21 years of age. However, when I was young (but past puberty from 14-18 years of age) I never used to practice properly and missed some Ramadhān fasts; approximately 6-10 fasts although I do not know for certain the exact amount. I broke my fasts in school and college secretly by eating and drinking and also later on when I was 18 through physical relationship on one of the days. Unfortunately, back then I was very ignorant but now Alhamdulillah I realise the severity of missing fasts and want to make up for them. I have read that you have to make up for each fast missed with sixty consecutive days with no breaks in the in between. So does that mean I have to fast for around 600 days in total if I missed or broke 10 fasts intentionally? As I go to relatives house obviously they offer food and if you reject they become offended so how would I go about this without allowing anyone to find out family or friends as I live with family at home and my mother cooks food for me and I don’t want anyone wondering why for 600 days I am suddenly fasting. Please help me as I am really worried and want to make up my fasts as soon as possible.

الجواب حامداًَ و مصلياًَ

In the name of Allāh, the Most Gracious, the Most Merciful

Answer

In reference to your query, you have rightly stated that breaching a Ramadhān fast intentionally that is, without a valid shar’ee excuse necessitates Kaffarah of sixty days consecutive fasting. However, the ruling on observing multiple Kaffarahs with respect to each fast broken depends on how the fast was broken. Be mindful that Kaffarah does not apply to missing a fast intentionally during Ramadhān – as in no intention was made to fast at all on any of the days which makes only Qadha necessary.

The manner in which the fast was intentionally broken can be classified as follows;

1: To break one’s Ramadhān Fast by eating or drinking something that is naturally nourishing.

Breaking multiple fasts in this manner in one or more Ramadhān months necessitates only one Kaffarah. The scholars state that this single Kaffarah incorporates the necessary penalty for all of the previously broken fasts. This only applies however, if no Kaffarah was observed in between the two Ramadhān months. If a Kaffarh was observed for the previous Ramadhān and one deliberately broke their fast in the following Ramadhān then another Kaffarah becomes necessary.[1] In this case, the previous Kaffarah will not suffice nor incorporate the fasts broken in the subsequent months. 

 2: Breaking the Ramadhān Fast due to sexual relationship

The classical Hanafi Jurists state that one Kaffarah suffices for breaking multiple fasts in this manner in a single Ramadhān only. However, to break it in two (or more) Ramadhān months then observing a separate Kaffarah per Ramadhān becomes necessary irrespective if a Kaffarah was made in the interim of two Ramadhān months or not.[2]

[Allāh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

[1] Durrul Mukhtar, Chapter on those things that break the fast and those that don’t, p.391, vol 3

وَلَوْ تَكَرَّرَ فِطْرُهُ وَلَمْ يُكَفِّرْ لِلْأَوَّلِ يَكْفِيه وَاحِدَةٌ وَلَوْ فِي رَمَضَانَيْنِ عِنْدَ مُحَمَّدٍ وَعَلَيْهِ الِاعْتِمَادُ بَزَّازِيَّةٌ وَمُجْتَبَى وَغَيْرُهُمَا وَاخْتَارَ بَعْضُهُمْ لِلْفَتْوَى أَنَّ الْفِطْرَ بِغَيْرِ الْجِمَاعِ تَدَاخَلَ وَإِلَّا لَا

Allamah Ibn Abideen As-Shami comments,

(قَوْلُهُ: وَلَمْ يُكَفِّرْ لِلْأَوَّلِ) أَمَّا لَوْ كَفَّرَ فَعَلَيْهِ أُخْرَى فِي ظَاهِرِ الرِّوَايَةِ لِلْعِلْمِ بِأَنَّ الزَّجْرَ لَمْ يَحْصُلْ بِالْأُولَى بَحْرٌ

[2] Bahrrur Raiq, Chapter on those things that break the fast and those that don’t, p.484, vol 2

وَلَوْ جَامَعَ مِرَارًا فِي أَيَّامِ رَمَضَانَ وَاحِدٍ، وَلَمْ يُكَفِّرْ كَانَ عَلَيْهِ كَفَّارَةٌ وَاحِدَةٌ؛ لِأَنَّهَا شُرِعَتْ لِلزَّجْرِ، وَهُوَ يَحْصُلُ بِوَاحِدَةٍ فَلَوْ جَامَعَ وَكَفَّرَ ثُمَّ جَامَعَ مَرَّةً أُخْرَى فَعَلَيْهِ كَفَّارَةٌ أُخْرَى فِي ظَاهِرِ الرَّاوِيَةِ لِلْعِلْمِ بِأَنَّ الزَّجْرَ لَمْ يَحْصُلْ بِالْأَوَّلِ وَلَوْ جَامَعَ فِي رَمَضَانَيْنِ فَعَلَيْهِ كَفَّارَتَانِ، وَإِنْ لَمْ يُكَفِّرْ لِلْأُولَى فِي ظَاهِرِ الرِّوَايَةِ، وَهُوَ الصَّحِيحُ كَذَا فِي الْجَوْهَرَة

12th November 2013

السلام عليكم و رحمة الله و بركاته

 Question: I acknowledge the ruling that when you break multiple fasts intentionally during Ramadhān then you must pay Kaffarah for it either by fasting sixty days consecutively or feeding sixty poor people. However, if you have missed many fasts intentionally in the month of Ramadhān I know that you are allowed to just fast sixty days consecutively for the whole month, rather than fast sixty days for each fast missed. What I would like to know is whether that also applies to feeding poor people too? Can I feed sixty poor people just once even though I missed many fasts when I was younger in Ramadhān or must I feed sixty poor people per fast I have missed? By doing that, it would prove to be almost impossible – money-wise. Fasting sixty days in a row is not impossible but at the moment I am not in a position to fast sixty days in a row as I still live at home and it would be difficult to explain to my parents or family members.

الجواب حامداًَ و مصلياًَ

In the name of Allah, the Most Gracious, the Most Merciful

Answer

In respect to the obligation of Kaffarah – legal penalty, just to clarify an important point that Kaffarah is not necessary for missing a Ramadhān fast even if it was intentional, rather just Qadha is necessary as well as sincere repentance as an atonement for the sin of intentionally missing a fast. Kaffarah is only necessary if a Muslim deliberately breaks a Ramadhān fast without a valid shar’ee excuse, after making the intention to keep it, during the hours of fasting from the break of dawn (Subhu Sadiq) until sunset (time of maghrib) by eating or drinking something that is considered nourishing or by engaging in actual intimate relationship with one’s spouse.[1] In such a case, the person must make Qadha for each fast broken in addition to Kaffarah.

According to a sound hadeeth, the sequence of priority in relation to Kaffarah is to primarily emancipate a slave. If he is unable to emancipate then to observe sixty days of consecutive fasting and if unable to do so whereby all hope is lost in fasting due to some genuine reason, only then can he feed sixty poor people. This sequence of priority is compulsory.[2]

In light of the above explanation, you must now determine as to whether the ruling of Kaffarah applies to you or not. If Kaffarah does apply and you are able to fast then you must fast for sixty days consecutively. Resorting to feeding the poor is not allowed. If someone breaches a number of fasts in a single Ramadhān by eating or drinking intentionally then one Kaffarah would suffice regardless of how many days and Ramadhān months this occurred. But if it was breached intentionally through intercourse multiple times during a single Ramadhān then only one Kaffarah is sufficient but if this happened in two or more Ramadhāns, then one Kaffarah per Ramadhān becomes necessary.[3]

[Allāh Knows Best]

Written by (Mufti) Abdul Waheed

Answer Attested by Shaykh Mufti Saiful Islam

JKN Fatawa Department

[1] Bahrur Ra’iq, Chapter on those things that break the fast and those that don’t, p.482, vol 2

(قَوْلُهُ وَمَنْ جَامَعَ أَوْ جُومِعَ أَوْ أَكَلَ أَوْ شَرِبَ عَمْدًا غِذَاءً أَوْ دَوَاءً قَضَى وَكَفَّرَ كَكَفَّارَةِ الظِّهَارِ) أَمَّا الْقَضَاءُ فَلِاسْتِدْرَاكِ الْمَصْلَحَةِ الْفَائِتَةِ، وَأَمَّا الْكَفَّارَةُ فَلِتَكَامُلِ الْجِنَايَةِ أَطْلَقَهُ فَشَمِلَ مَا إذَا لَمْ يُنْزِلُ

[2] Bahrur Ra’iq, Chapter on those things that break the fast and those that don’t, p.484, vol 2

وَأَفَادَ بِالتَّشْبِيهِ أَنَّ هَذِهِ الْكَفَّارَةَ مُرَتَّبَةٌ فَالْوَاجِبُ الْعِتْقُ، فَإِنْ لَمْ يَجِدْ فَعَلَيْهِ صِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ، فَإِنْ لَمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِينًا لِحَدِيثِ الْأَعْرَابِيِّ الْمَرْوِيِّ فِي الْكُتُبِ السِّتَّةِ

[3] Durrul Mukhtar, Chapter on those things that break the fast and those that don’t, p.391, vol 3

وَلَوْ تَكَرَّرَ فِطْرُهُ وَلَمْ يُكَفِّرْ لِلْأَوَّلِ يَكْفِيه وَاحِدَةٌ وَلَوْ فِي رَمَضَانَيْنِ عِنْدَ مُحَمَّدٍ وَعَلَيْهِ الِاعْتِمَادُ بَزَّازِيَّةٌ وَمُجْتَبَى وَغَيْرُهُمَا وَاخْتَارَ بَعْضُهُمْ لِلْفَتْوَى أَنَّ الْفِطْرَ بِغَيْرِ الْجِمَاعِ تَدَاخَلَ وَإِلَّا لَا