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Guidance Note On Circumstances When Fidyah Is Payable As Expiation Payment, In Respect Of Missed Ramadaan Fasts As A Result Of Illness 

22 June 2016

The correct position in the Hanafi school is as follows:

1. A severely ill person who does not hope to recover at all, and who accordingly cannot fast at any time of the year, and is not expected to ever regain the ability to make up the missed fasts, must by consensus pay the Fidyah, as a substitute in place of the missed fasts. His or her situation of permanent illness is similar to the very elderly who have lost the strength to fast and who progressively become weaker, and who must pay the Fidyah by feeding a poor person for every day that he or she has missed.

المريض اذا تحقق الياس من الصحة فعليه الفدية لكل يوم من المرض ( رد المحتار)

2. On the other hand, a person who missed his or her fast due to an illness from which he or she is expected to recover is obliged to make up the fasts by way of Qada. In this situation of temporary illness, there is no scope for paying Fidyah in accordance with the Quranic verse :

من كان مريضا ( يرجوا شفاء ) ... فَعِدَّة من ايام اخر.

لان فى إيجاب الفدية مع القضاء زيادة فى النص ( الجصاص )

3. In the situation of temporary illness contemplated in paragraph 2 above, if the sick person dies during the illness before recovery, then there is no obligation of Qada in respect of the past missed fasts. On the other hand, if he or she recovers, after the illness, but then whilst in normal health, fails to make Qada , then he or she is obliged to make a wasiyah  directing the executors and heirs to pay Fidyah out of one thirds of one's estate, after payment of debts, as a substitute to make up for the missed fasts.

فان ماتو في ذالك العذر فلا تجب عليهم الوصية بالفدية لعدم ادراكهم عدة من ايام اخر ( الدر المختار)

AND ALLAH KNOWS BEST

M S OMAR

Website: www.msolaw.co.za

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I personally know the honourable Shaykh Mahomed Shoaib Omar for over thirty years. I found him to be an ardent seeker of knowledge, quick of mind &  constantly devoted to the study of the books of fiqh &  has written himself a number of papers. He has been amongst the foremost participants in drafting the Muslim Personal Law for S.Africa, so that it may be enforced there; and the majority of local Ulama have endorsed this.

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