Question:
A man says that his father passed away and didn’t fast the previous Ramadhan.
What is upon his family to do?
Answer:
The ‘Allāmah, Ibn Bāz, may Allah have mercy upon him, said:
“If a Muslim died while sick after Ramadhan then there is no expiation of that fast nor feeding; because he is excused legislatively, similarly the traveler if he passed away while travelling or as soon as he returned, it’s not obligated to fast on their behalf nor to feed the poor, because they are legislatively excused.
If they were to recover from their illness and were negligent in fasting it.
Or they returned from their travels and were negligent in making up the fast, up until they passed away.
Then it’s legislated for their heirs – and they are their near kindred – to fast on their behalf, due to the statement of the of the Prophet ﷺ:
من مات وعليه صيام صام عنه وليه
Whoever dies while still owing fasts to be repaid, their heirs should fast on their behalf.
[Agreed upon]
If there wasn’t anyone who took the initiative to fast on their behalf or nobody fasted for whatever reason, then for every day they didn’t fast, a half a Saa’ of food, is paid from the inheritance, it measures roughly one and a half kilo.
It’s similar to what the elderly expiate at incapability in fasting and the sick who’s inflicted with what’s thought to be an incurable sickness.
Also the menstruating and those that have postnatal bleeding, if they were negligent in repaying the fasts until the point they pass away.
For everyday one poor person is fed, that is if nobody fasted for them.
And if they didn’t have anything which they left behind which could be used to pay for food for the poor then there is nothing upon them.
Due to the statement of the Allah, the Majesty and Majestic:
(لا يُكَلِّفُ اللَّهُ نَفْساً إِلَّا وُسْعَهَا)
“Allah burdens not a person beyond his scope.”
[Al-Baqara:286]
And that of His, the Exalted:
(فَاتَّقُوا اللَّهَ مَا اسْتَطَعْتُمْ)
“So keep your duty to Allah and fear Him as much as you can.”
[At-Taghābun:16]
And Allah is the granter of success.”
[End of speech]
Relayed from his website.
Answered by:
Shaykh Abu Hatim Yusuf Al-‘Inaabi Al-Jazaa’iree – may Allah preserve him.
Source:
t.me/abouhatem/296
Answered on:
27th, Rabē’l Ākhir, 1438H.
Translated by:
Abu ‘Abdirrahman ‘Abdullaah bin Ahmed Ash-Shingaani.