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