19th December 2016
السلام عليكم و رحمة الله و بركاته
Question: A sister was involved in a terrible car accident, leaving her in a terrible state. For three weeks she was coming in and out of consciousness. The question is must she to make up for her missed Salah of those three weeks when she recovers?
الجواب حامداً و مصلياً
In the name of Allāh, the Most Gracious, the Most Merciful
Answer
In reference to the above case, it is unclear as to what you mean by coming in and out of consciousness. There is the possibility that the patient was falling in and out of consciousness either during the day or during the week, resulting in missing a few Salāhs during the day in the former case or missing a complete days Salāh in the latter. The general rule is that if the patient fell unconscious over a day (resulting in missing six Salāhs consecutively) then it would not be necessary to make Qadha of those Salāhs because the rule of Takleef (liability) is now uplifted due to the condition.[1] If this was not the case, but only was in and out of consciousness in between the five Salāhs then they must make Qadha of those missed Salāhs. So remember that the obligation of Qadha is uplifted if the patient missed six Salāhs all at once. Anything less than that or more but intermittently enough time to pray Salāh then Qadah is still necessary.
[Allãh Knows Best]
Written by (Mufti) Abdul Waheed
Answer Attested by Shaykh Mufti Saiful Islam
JKN Fatawa Department
[1] Fatawa Hindiyyah, Kitābus Salāh, Qadha al-Fawait p. 134 vol 1
فَلَا قَضَاءَ عَلَى مَجْنُونٍ حَالَةَ جُنُونِهِ لِمَا فَاتَهُ فِي حَالَةِ عَقْلِهِ كَمَا لَا قَضَاءَ عَلَيْهِ فِي حَالَةِ عَقْلِ+هِ لِمَا فَاتَهُ حَالَةَ جُنُونِهِ وَلَا عَلَى مُرْتَدٍّ مَا فَاتَهُ زَمَنَ رِدَّتِهِ وَلَا عَلَى مُسْلِمٍ أَسْلَمَ فِي دَارِ الْحَرْبِ وَلَمْ يُصَلِّ مُدَّةً لِجَهْلِهِ بِوُجُوبِهَا وَلَا عَلَى مُغْمًى عَلَيْهِ وَمَرِيضٍ عَجَزَ عَنْ الْإِيمَاءِ مَا فَاتَهُ فِي تِلْكَ الْحَالَةِ وَزَادَتْ الْفَوَائِتُ عَلَى يَوْمٍ وَلَيْلَةٍ