Expiatory payments for missed ibadah (FIDYA)

http://seekershub.org/ans-blog/2010/09/12/brief-overview-of-expiatory-payments-fidya/

Question: Can you explain the rules of expiatory payments (fidya) and who it applies to?

Answer: Asslamu Alaykum Warahmatullah,

The expiatory payment is a special form of charity given to a poor person where one has to pay for each day of missed fasts during Ramadan.

For every day of missed fasting one has to pay the value of approximately 2 kg of wheat. Please consult a local scholar on what the amount exactly is in your area.

In the Hanafi-school, the expiatory payment for Ramadan is only paid by “a person who is not able to fast at all.” This entails that fthe expiatory payment only applies for people whom, due to health considerations:

1.       Cannot fast in Ramadan and

2.       Cannot make up for the missed fasts at any other time of the year and

3.       Are not expected to ever regain the ability to make up for the missed fasts

All three conditions must be fulfilled. Otherwise one does not pay expiatory payments but has to perform the missing fasts.

This entails that:

• Someone who misses out on a few days of fasting due to a temporary illness does not pay any expiatory payment.
• Someone who accidentally or deliberately broke the fast does not pay any expiatory payment.
• Someone who is unable to fast this year due to surgery or the like, but is expected to be able to fast next year does not pay any expiatory payment.
• Someone who is unable to fast during the summer-months (long days), but can perform the make-up fasts in the winter moths (shorter days) does not pay any expiatory payment

If expiatory payment is given then it is a condition that the inability to fast remains until death. If someone was to regain his ability to fast after having paid then the expiatory payment will be rendered charity and one will have to perform make-up fasts instead.

Thus, in the Hanafi-school there is no expiatory payment for a pregnant or nursing woman who does not fast during Ramadan. She only has to perform make-up fasts. Similarly there is no expiatory payment if one was to delay making-up missed fasts for the current Ramadan until the next Ramadan entered.

As for your specific questions

– If one pays fidyah are they still supposed to make up the fast that was missed?

No. The expiatory payment is only paid when one is not able to fast at all.

– Is the expiatory payment for the old and the young alike?

Yes. If a young person due to health considerations is neither able to fast nor expected to regain the ability to fast, then he can pay the expiatory payment. The amount is the same as for an old person.

– If someone misses a day of the fasting and intends to make it up for sure are they exempt from paying the expiatory payment since they will be making up the missed days of fasting?

The expiatory payment is only due when one is not able to fast at all. Since one has the ability to perform a make-up fast then there is no expiatory payment.

– What is the amount to be paid for fidyah and does this amount differ depending on the madhab?

There is some difference of opinion on some of the details relating to the expiatory payment within different schools of though.

And Allah knows best,

[ref: Haskafi, Durr al-Mukhtar; Ibn Abidin, Radd al-Muhtar; Shaykhi Zadah, Majma al-Anhur; Shurunbulali, Imdad al-Fattah; Tahtawi, Hashiyat Maraqi; Zailai, Tabyeen al-Haqa’iq]

Waseem Hussain

Checked & Approved by Faraz Rabbani

http://www.askimam.org/public/question_detail/24542

Assalamoalaikum w.w.

What is the fidya for salat? and how much?

My mum passed away few weeks back at the age of 75. (Innalillahi wainna ilyahi rajeoon).

During the stage of health we didn't notice her preforming all her salats on time. However, she used to pray Jumma salat and some other salats (Fajr etc.) regularly. May Allah (s.w.t.) forgive her for this or any other short coming.

I have following questions:

1. Can I give fidya for my mum's missed salats from my own share of inheritance? or is it obligatory for all brothers and sister to give fidya before sharing her inheritance?
2. How can I calculate her missing salats?
3. How much do I need to pay for each day? I assume it will be for 5 Fardh salat + 1 Witr salat = Total 6 salat per day.

Please make dua-e-maghfirah for both my parents who passed away in a very short period of time.

Jazakallah-khair.

Wassalam

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

May Allah (Subhanahu Wa Ta’ala) grant your mother Jannatul Firdaus. Aameen.

1. In principle, if the mayyit (deceased) bequeathed that the Fidya be given from his/her estate, then the heirs are obligated to discharge the Fidya on behalf of the deceased from one third of the estate after burial expenses and paying of debts. However, if the deceased did not make such a bequest, then the heirs are not obligated to give any amount of money as Fidya on behalf of the deceased.

Nevertheless, the Fuqahaa (jurists) have ruled that it is permissible for any of the heirs to discharge the Fidya on behalf of the deceased from their own money.[1]

2. Kindly contact your local Ulama Body for the current Fidya amount. If one cannot ascertain the total amount of Salaahs missed, one should determine a rough estimation of Salaahs missed.

3. You should pay for the five Fardh (obligatory) Salaahs including the Witr Salaah which is Wajib.[2]

And Allah Ta’āla Knows Best                                        

Ismail Desai,
Student Darul Iftaa
Durban, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.

http://askimam.org/public/question_detail/31339

An elderly person missed an estimated amount of two years of salah and fasts, please can mufti email me the complete amount of fidya that has to be payed for both the missed salahs and fasts.It will be appreciated if mufti can please email me as soon as possible.شكرا جزيلا

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

In principle, the value of a fidya for each missed Salah and missed Fast will be calculated at the average rate of 1.6kgs of wheat in the area that you live in. [1]

Therefore, the fidya for each Salah will be the average price of 1.6kgs of wheat multiplied by six Salahs for each day (including witar) which is equal to:…………..multiplied by two years (730 days) which will give you the total amount.[2]

The fidya for each Fast will be the average price of 1.6kgs of wheat multiplied by 60 missed fasts for two years (2 Ramadhans) which will give you the total amount.

The method of calculating the average market rate of wheat is as follows:

1. Calculate the wholesale price of wheat in your area of both whole grain wheat and refined wheat.
2. Calculate the retail price of wheat in your area of both whole grain wheat and refined wheat.
3. Add all four prices together and work out the average to give you the price that you should use to calculate the fidya with.

And Allah Ta’āla Knows Best

Ismail Dawoodjee

Student Darul Iftaa
Zambia

Checked and Approved by,
Mufti Ebrahim Desai.

http://www.askimam.org/public/question_detail/27094

I did not practice islam well. I missed many years of prayers which I cannot calculate and many years of fast. Rarely I do, but only when I felt. But now after learning more about my duties, really I am scared. I have lost all my life doing nothing. But now I am really particular of my prayers and fasts and am sincerely repenting. But what about years of missed prayers and fasts? What should I do? Also give me a beautiful dua to stick on my tongue for Allah to accept my Tawbah.  

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh. 

Sister in Islam,

At the outset, we would like to commend you on the steps you have taken to turn away from your past life of disobedience. You should consider it a great bounty that you were granted the tawfīq (opportunity) to repent and connect yourself to the Deen of Allah Ta‘ālā. Many unfortunate people do not make tawbah (repentance) until it is too late. Remain steadfast, and make du‘ā to Allah to keep you firm on His Deen.

Allah Ta‘ālā is All-Forgiving and Compassionate. When a person turns back to Him with sincere tawbah, He will most assuredly forgive. If you have made sincere tawbah, be sure of forgiveness. Allah Ta‘ālā says:

قُلْ يَا عِبَادِيَ الَّذِينَ أَسْرَفُوا عَلَى أَنفُسِهِمْ لَا تَقْنَطُوا مِن رَّحْمَةِ اللَّهِ إِنَّ اللَّهَ يَغْفِرُ الذُّنُوبَ جَمِيعًا إِنَّهُ هُوَ الْغَفُورُ الرَّحِيم

“Say: O my slaves who have transgressed against their souls! Do not despair of the Mercy of Allah! Verily, Allah forgives all sins. Verily, He is All-Forgiving, Merciful.” (39:53)

And Rasūlullāh (sallAllāhu ‘alayhi wasallam) said:

التائب من الذنب كمن لا ذنب له

“The one who repents from sin is like the one who has no sin.” [1]

As far as your missed prayers and fasts are concerned, you must make up the Fard (compulsory) prayers, Witr prayers and the compulsory fasts of Ramadan which you missed since the age of maturity. If you are not able to calculate the precise number of missed prayers and fasts, make an overestimate until you are convinced that you have missed no more than that number. [2] Once you have done so, begin making up the prayers and fasts. For each prayer, make the intention of the first missed prayer of that particular Salāh that is due in your responsibility. For example, for each Zuhr prayer that you make up, make the intention of the first Zuhr that you missed that yet remains in your responsibility. [3] Do this for all the prayers until you have completed the number that you arrived at in your estimate. Do the same for the missed fasts.

One method you can use to help you complete this obligation is to offer each make-up (qadā’) prayer with the present prayer; for example, offer one missed Fajr immediately following the present Fajr, one missed Zuhr immediately following the present Zuhr, and so on. Alternatively, you can spare a portion of each day to make up the missed prayers of one whole day. You may also select certain days of the week to complete your missed fasts. Keep strict count of how many prayers and fasts you have made up until the number in your estimate is complete.

The following is a beautiful du‘ā taught to us by Rasūlullāh (sallAllāhu ‘alayhi wasallam) for seeking forgiveness:

أَسْتَغْفِرُ اللَّهَ الَّذِي لَا إِلَهَ إِلَّا هُوَ الْحَيّ الْقَيُّوم وَأَتُوبُ إِلَيْهِ

Astaghfirullah alladhee laa ilaaha illaa huwal hayyul qayyoom wa atoobu ilayh

“I seek forgiveness of Allah, the One besides Whom there is no deity, the Ever-Living, the All-Sustaining, and I turn (in repentance) to Him.” [4]

 [1]

السنن لابن ماجه، دار الرسالة العالمية، ٥:٣٢٠

 [2]

من لا يدري كمية الفوائت يعمل بأكبر رأيه فإن لم يكن له رأي يقض حتى يتيقن أنه لم يبق عليه شيء

حاشية الطحطاوي على مراقي الفلاح، دار الكتب العلمية، ٤٤٧ 

فتاوى محمودية، ٧:٣٦٤  

[3]

فإذا كثرت الفوائت يحتاج لتعيين كل صلاة يقضيها...فإذا أراد تسهيل الأمر عليه نوى أول ظهر عليه أدرك وقته ولم يصله

مراقي الفلاح مع حاشية الدر، ٤٤٦

فتاوى محمودية، ٧:٣٦٥

[4]

سنن أبي داود، مؤسسة الريان، ٢:٢٩٥

And Allah Ta‘ālā Knows Best

Zameelur Rahman

Student Darul Iftaa
UK

Checked and Approved by,
Mufti Ebrahim Desai.

www.daruliftaa.net


http://islamqa.org/hanafi/daruliftaa-birmingham/19334

Please can you advise me on fasting/fidya if you are unable to keep fast because of medical condition.

I have to take medication for high blood pressure,enlarged heart, diabetes and water retention 3 times a day. So far Alhamdolillah,I have been able to complete full month’s fasts. However, as the days are getting longer I am finding it harder to keep them as I cannot take my medication on time.

My questions are.
1) Do I keep as many fast as I can and pay Fidya for those I cannot keep, OR make up the fasts,(I missed),later on when I can?

2) What is the current price I have to pay per fast in Fidya?

In the name of Allah, Most Compassionate, Most Merciful, 

Answer

Individuals who are exempted from fasting in the month of Ramadhan are required to make the fast up later without making the compensatory payment. (Raddul Muhtar, Vol 2, P127)

However if the illness is of such a nature or the illness has reached such a state that recovery is unlikely for such a period of time in which the person can make up the fast then the individual may pay compensation. (Raddul Muhtar, Vol 2, P130)

In your situation if you are unable to fast in the days of Ramadhan then you should, if possible, fast in the shorter days rather than pay compensation. However if you are unable to keep fast even in those days and you are not likely to recover from the illness then you may pay compensation.

The compensation for each days fast is the same as Sadaqatul Fitr, which is 1.6 kg of wheat or its market related value. (Hidaya, Vol1, P210) Currently priced approximately in between £2.50 to £3.00.

Only Allah knows best.

Sayeedur Rahman

Darul Ifta, Birmingham





http://islamqa.org/hanafi/qibla-hanafi/36564

Answered by Shaykh Sohail Hanif, SunniPath Academy Teacher

This is to request you to send me the details on the expiatory payments to be made when a person passes away without performing his compulsory prayers or fard fasts.

Answer:

Assalamu alaykum

The basis of the expiatory payment

Linguistically the word fidya means ‘property given as a substitute or a ransom for a captive’. So it is something paid to earn someone freedom, and in the case of religious duties it is to earn freedom from being brought to task for one’s short comings.

It is established from the Qur’an that feeding the poor is an expiation for those unable to fast, interpreted by Ibn ‘Abbas as referring to the aged. [Ahkam al-Qur’an, Zafar al-‘Uthmani, 191]

As for those who missed fasts without such an excuse, Imam al-Sarakhsi explains the basis for expiation on their behalf,

In the hadith of Abu Malik al-Ash’ari (Allah be pleased with him) a man asked the Messenger of Allah about someone who was sick during Ramadan [such that he was unable to fast] and subsequently died. The Messenger of Allah (Allah bless him and give him peace) said “If he died before being able to fast then there is nothing upon him, and if he was able to fast [thereafter] and did not fast until he died then it should be made up on his behalf.” i.e. made up by feeding on his behalf…[This is because of the] hadith related by Ibn ‘Umar (Allah be pleased with him) stating that “No one can fast on anyone’s behalf and no one can pray on anyone’s behalf”. Furthermore, the fast is an act of worship and there can be no substitution in performing it whilst one is alive so likewise after death, like the prayer. This is because the meaning of worship is it’s being strenuous on the body and that is not attained by being performed on someone’s behalf but rather food is fed to a poor person for every day missed…the paying of the expiation taking the place of the fast as it does for the weak aged man. And it is only obligatory on the inheritors to pay this out of a third of his wealth if he directs them to do so, not otherwise. [Al-Mabsut]

 As for how the fuqaha deduced that the prayer should also be made up by an expiation, this was mentioned by Ibn ‘Abidin, quoting Fath al-Qadir of Kamal ibn al-Humam,

 The prayer being like the fast [in paying the expiation] was legally deduced by the fuqaha. It’s basis is that a similarity has been established by the sacred law between fasting and feeding the poor [as feeding makes up for missed fasts for the weak aged man] and the similarity between the prayer and the fast is also established [both being obligatory acts of worship] and the like of a like of something is permissible to be the like of that something [i.e. if A=B and B=C then A=C, where A is prayers, B fasts and C feeding the poor]. Based on affirming this relation then feeding the poor would be obligatory for missed prayers and if the relation is not affirmed then it would not be obligatory. The precaution is in obligating it, for if the reasoning is accurate then the purpose has been attained which is the making up for the missed duty and if not then it is a good deed to start with and is able to wipe away sins [from the deceased. Based on the hadith “Charity wipes out sins like water puts out a fire”]. This is why Imam Muhammad said concerning it “it will suffice him [in making up his missed duty], Allah willing” without being certain about it, just as he said concerning the inheritors voluntarily feeding the poor on the deceased behalf, as opposed to the case where the deceased specifically directed that an expiation be paid on behalf of missed fasts for in that case Imam Muhammad was certain that it would make up for them. [Radd al-Muhtar, 2:119, Bulaq ed.]

The fiqh of paying the expiation

It is obligatory for the deceased to make a direction from a third of his wealth that it be paid in expiation for missed prayers and fasts. If he doesn’t have inheritors then it must be paid by more than a third of the wealth if the third does not suffice. 

The expiation is paid by someone appointed by the deceased person or an inheritor. For each obligatory prayer missed as well as the witr prayer and for each obligatory fast missed, one pays the equivalent of half a sa’ of wheat. This amount has been measured to be equivalent to 2.25 Kg. [The relative price of this will depend on where one is.]

It is permissible to pay the expiation for the prayers and the fasts to a single person in one bulk payment. If the wealth that the deceased person had directed be used to pay for the expiation is not enough or if the deceased didn’t leave any direction but the inheritor wishes to pay but is not able to cover the complete amount, he pays what he has to a poor person to cover that amount of what was due of the expiation. The poor person then gifts him the money which he again gives to the poor person who again gifts it back and so on until they have covered what was due of the expiation. [This might seem a strange thing to do. It’s basis is in displaying one’s slavehood and resolve. As if to say ‘O Allah, if I had enough money I certainly would pay the full amount’. It is hoped that based on this, Allah Most High will accept it as though paid in full]

One also pays to make up for missed zakats, for someone to offer the hajj on his behalf [which unlike other acts of worship, is permissible to offer on the deceased’s behalf], for supererogatory prayers and fasts that were not completed, for not having slaughtered on ‘id, for the sadaqa al-fitr, and other missed financial obligations. [al-Hadiyya al-‘Ala’iyya, 117; Radd al-Muhtar, 5:415]

What we can all learn from this is the extreme seriousness of having missed our religious obligations. We must all strive to calculate exactly what we have missed of our prayers, fasts and other duties, and then form an effective plan to make these up while we still can. In addition a record should be kept of what remains of one’s make-ups so that inheritors will know how much expiation is to be paid. 

We ask Allah for tawfiq in offering that which is due of us and in making up that which we owe and acceptance for that which we have offered.

Sohail Hanif



http://islamqa.org/hanafi/seekersguidance-hanafi/85478

Answered by Ustadh Salman Younas

Question: I have a long term stomach ailment which prevents me from eating properly, the result of which is that I have a very low BMI (approximately 15.9). Also I am currently unemployed and have not been able to find a stable job for the last 5 years and I am in a very weak state financially. Also I owe money as a result of student loans.

1. Do I need to fast? – I fasted last year, and lost approximately 4lb in weight, which to the best of my knowledge I have not put back on again.

2. If I don’t fast what are my options? – I don’t feel that I have enough money to pay the expiation i.e. to feed a poor person by current standards of my location for every fast missed, as I myself am not able to eat to that standard as a norm.

3. I did not fast in 2011 and paid expiation, but in 2012 by the mercy of Allah I managed to make up for 10 of those fasts. Alhamdulillah! I’m considering fasting this year and making up for another 10 fasts, but would such an action be permissible if it could cause me harm? I keep on thinking to myself that I should have Imaan in Allah and fulfil my obligation and If I do this i.e. have Imaan then no harm will come to me and Inshallah I will earn the good pleasure of Allah — are these the thoughts of a sound rational mind? — or should I follow the advice of my doctor and not fast?

Answer: assalamu `alaykum

May Allah give you health and well-being.

In answer to your questions:

1. The default is that one is obliged to fast. However, if one is unable to do so due to an illness then there are two possible scenarios:

a. the illness is not chronic, namely it is likely that one will recover from it, or

b. the illness is chronic, namely it it highly unlikely that one will recover from it.

In the first case, one can miss fasts while they are in the state of illness but will have to make such missed fasts up later. No expiation (fidya) is due in this scenario.

In the second case, one can miss fasts and will pay expiation (fidya) for each missed fast. In other words, fidya is due only for those that have chronic illnesses that are not likely to be cured.

In order to determine whether you are suffering from a chronic illness, a reliable doctor needs to be consulted regarding the specifics of your health situation. Even if the illness is not deemed chronic, in which case you would have to make up the fasts rather than pay the expiatory payment (fidya), you should still consult a reliable doctor on what your body can reasonably handle, when the appropriate time is to undertake such make-ups, and how often it can be done (a schedule). To force yourself to make-up fasts when there are clear signs and warnings of bodily harm is to ignore the dispensation that Allah has blessed us with.

2. The expiatory payment (fidya) for missed fasts during Ramadan only applies to someone who has an illness that prevents him from fasting and he does not have any hope of recovering from it. The expiatory payment is the monetary equivalent of 2.2 kg of wheat per fast. One should consult a reliable local scholar to determine how much the monetary value of this would be.

A condition for this is that one possess sufficient wealth to actually pay these expiatory payments. If one is considered poor and unable to pay the expiatory payment then he should seek Allah’s forgiveness and have remorse for the non-fulfillment of such an obligation. [Haskafi, Durr al-Mukhtar; Ibn `Abidin, Hashiya]

However, it should be noted here that the expiatory payment is a very meager sum. One should take all means to try and pay it or some of it, even if it means spreading out such payments or attempting to save some wealth over a duration of time. Resorting to the ruling mentioned previously should only be done as a last resort when one is certain that one simply does not have the means to fulfill such payments or if such payments would lead to hardship in one’s life.

I hope this answers your questions, and we ask Allah to grant you a speedy recovery.

Salman