Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir
To the Questions of the Visitors of his Facebook Page "Fiqhi"
To Eenas Mohammed
Question:
Assalamu Alaikum, I would like to ask about making up for missed days of fasting...
In case I do not remember well my making up for missed days from years ago, meaning I used to make them up but some days remained that I did not complete. Some of my family members say that I used to make them up with them, and others say they do not remember that I was making them all up... In such a case, what should I do? I have asked many, and the answers were financial expiation (kaffarah), and some said I must pay and fast. If I must fast, I do not remember how many days I have to make up. So, what should I do?
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh,
We have previously answered a similar question on 13/05/2019, where we said:
[We do not adopt in matters of worship (ibadat); rather, we leave the matter to the Muslim to follow any madhhab (school of thought) in fasting, prayer, etc. Here, I will mention to you some jurisprudential opinions regarding making up the fast (qada’), and whatever brings peace to your chest and reassures your heart, you may follow:
1- It is stated in "Nihayat al-Matlab fi Dirayat al-Madhhab" by its author Abdul Malik al-Juwayni, known as Imam al-Haramayn (d. 478 AH), which is of the Shafi’i fiqh:
"(Whoever misses days of fasting in Ramadan and was able to make them up, it is not permissible for him to delay making them up until the month of Ramadan of the following year. What we mention is not merely recommended, but rather mandatory, given the ability and the removal of excuses. If we assume the delay of qada’ to the following year without an excuse, then along with making up the fast, a mudd of food must be given for each day. If he delays the qada’ for two years or several years, there are two views regarding doubling the fidyah: One is that it does not double, and nothing is obligatory due to the delay of years except what is obligatory for one year... The more correct view is the multiplicity of the fidyah and its renewal; thus, a mudd is obligatory for each year of delay. If he delays for two years, two mudds are obligatory along with making up each day, and so on as it increases; this is the position on fidyah...)"
*This means that making up the fast of Ramadan for someone who did not fast it must be done before the next Ramadan. If it is delayed until after the arrival of Ramadan, then he must perform the qada’ and pay the fidyah... He has another opinion that if the qada’ is delayed for two years, for example, then two fidyahs are required along with the qada’, and so on.*
*2- It is stated in "Kashshaf al-Qina’ ‘an Matn al-Iqna’" by its author Mansur bin Yunus al-Bahuti al-Hanbali (d. 1051 AH):*
"(Whoever misses the fast of Ramadan entirely, whether it was complete [30 days] or deficient [29 days]... shall make up the number of its days... It is permissible to delay its qada’ as long as its time has not passed, which is until the next Ramadan begins... It is not permissible to delay it until another Ramadan without an excuse... If he delays it until another Ramadan or several Ramadans, then he must perform the qada’ and feed a poor person for each day what suffices as kaffarah, and the fidyah is not repeated by the multiplicity of Ramadans; because the increase in delay does not increase the obligation, just as if he delayed the obligatory Hajj for years, he would not be required to do more than performing it.)"
This means that whoever misses a fast in Ramadan and does not make it up before the next Ramadan arrives, he must perform the qada’ and pay the fidyah.
*3- As for the madhhab of Abu Hanifa, no matter how long the qada’ is delayed, nothing is obligatory except the qada’. So, if another Ramadan comes... he makes up the missed days, and no fidyah is required for the delay:*
- It is stated in Al-Mabsut by Al-Sarkhasi (d. 483 AH) (Hanafi fiqh):
He said: "(A man has missed days of the month of Ramadan to make up, and he did not make them up until the next Ramadan entered... He must make up the past Ramadan and no fidyah is required of him according to us; while according to Ash-Shafi’i, may Allah the Exalted have mercy on him, he is required, along with the qada’, to feed a poor person for each day... For our evidence, there is the outward meaning of His words, the Exalted:
فَعِدَّةٌ مِنْ أَيَّامٍ أُخَرَ
'then a [prescribed] number of other days.' (Quran 2:184)
And there is no specification of time in it, and specifying the time to be between the two Ramadans would be an addition [to the text]. Furthermore, this is a timed worship whose qada’ is not timed...)"
- And it is stated in Bada’i’ as-Sana’i’ fi Tartib ash-Shara’i’ by its author Ala’ al-Din, al-Kasani al-Hanafi (d. 587 AH):
"(...The madhhab according to our companions is that the obligation of qada’ is not restricted by time, because we mentioned that the command for qada’ is absolute without specifying some times over others, so it proceeds upon its absoluteness. Based on this, our companions said: If he delays the qada’ of Ramadan until another Ramadan enters, no fidyah is required of him...)."
This means that according to the madhhab of Abu Hanifa, the obligation is the qada’ without fidyah, i.e., he only makes up the months he did not fast.
And as I mentioned to you at the beginning, we do not adopt in matters of worship; I have only mentioned to you some opinions of the madhhab of Abu Hanifa, Ash-Shafi’i, and the Hanbali jurist. Whatever your heart is at peace with, do it... May Allah grant you success to what He loves and is pleased with.
I hope this is sufficient, and Allah is All-Knowing and All-Wise. 08 Ramadan 1440 AH - 13/05/2019 CE] End of the quote from our previous answer.
In summary:
1- Estimate the days you did not fast according to what you most likely believe.
2- After that, study what is mentioned above and take the opinion of the madhhab whose view reassures you. Some of them, as you see, say to make up the fast along with the fidyah... and some say to make it up without fidyah...
As for the amount of one fidyah mentioned above, which is the (mudd), the weight of the (mudd) in grams is 544 (grams) of wheat. This is as stated in the book Al-Amwal:
[Mudd = 1 1/3 Baghdadi ratls. And the ratl = 408 grams.
Mudd = 1 1/3 ratls x 408 grams (weight of a ratl) = 544 grams (weight of a mudd of wheat).]
There are those who calculate it as slightly more or thereabouts.
I ask Allah Subhaanahu to accept the fasting and the night prayers.
Your brother, Ata Bin Khalil Abu Al-Rashtah
5 Sha'ban 1446 AH Corresponding to 04/02/2025 CE
Link to the answer from the Ameer's Facebook page (may Allah protect him): Facebook