Question:
If a person has days of fasting from Ramadan to make up is it permissible for him to fast the Six Days of Shawaal before he makes up his fast from Ramadan?
Answer:
The opinion of the majority of the scholars is that he makes up his fast for Ramadan then he can fast the Six Days of Shawaal. Because the debt of Allah (Ramadan) has more right that it be fullfiled. So he fast his days from Ramadan then he can fast the Six Days of Shawaal.
Then a group of scholars came and said for the one that has fasted something from Ramadan then had to break his fast for a legislative reason like traveling, sickness or the women that are on their menses or in post partum bleeding, then for anyone of them it is allowed to fast the Six Days of Shawaal then they can make up their fast from Ramadan. Because Allah made the expiation for this fast open and not restricted. When He the Most-High said:
{وَمَن كَانَ مَرِيضاً أَوْ عَلَى سَفَرٍ فَعِدَّةٌ مِّنْ أَيَّامٍ أُخَرَ يُرِيدُ اللّهُ بِكُمُ الْيُسْرَ وَلاَ يُرِيدُ بِكُمُ الْعُسْرَ}
That which translates as:
“And whoever is ill or on a journey – then an equal number (should be made up) from other days. Allah intends for you ease and does not intend for you hardship.” [Baqarah:185]
So Allah mentioned any other days. So they (the scholars) said like if a person has a debt to this person or that person and he has money but the time to repay his debt has not come, it is permissibile for him to utilize this money if he is sure he will be able to repay the debt when the time comes. (Say) a person has a debt that has to be paid off in three months and he wants to buy some food stock for his house, can we say he can not use that money and that he has to pay his debt with it now? The answer is no. If he wants to he can (use it) if he knows for sure that in a month or two he will have gathered up the money to pay the debt.
As is the case with making up missed days of fast from Ramadan, if he knows he will be able to make those days up later, then he can fast the Six Days of Shawaal because the time for fasting Shawaal is now and that fast is restricted to just that month. And he may not be able to fast all his days for Ramadan then fast the Six Days of Shawaal. It may be very difficult upon him. And this position is the simplest and easiest.
And also the one that fasted in Ramadan, it is not binding upon him to make up his fast right after Ramadan. Even if the person was to make up his fast in Sha’baan, would it not be as if he fasted all of Ramadan? Yes it would be as he fasted Ramadan. Because he has an excuse. And the made up fast carries the same ruling of the original fast. Even if he fasts the voluntary fast first which may have a restricted time, before making up the missed days of Ramadan. This position is the closest to that which is correct and the easiest and Allah knows best. And this matter the scholars differ as to its ruling, as was mentioned previously.
Answered by: Shaikh Abu Abdillah Muhammad Ba Jamaal (May Allah preserve him)
Source: https://t.me/OfficialChannelShaykhBaajammaal/64
Translated by: Abu Yusuf Bilal ibn Howard Robinson