Qadha and Kaffarah of fasts

Answer 1

http://islamqa.org/hanafi/daruliftaa-birmingham/77162

Saaiduna Abu Huraira Radiallahu Anhu narrates that while we were sitting with the Prophet a man came and said, “O Allah’s Apostle! I have been ruined.” Allah’s Apostle asked what was the matter with him. He replied “I had sexual intercourse with my wife while I was fasting.” Allah’s Apostle asked him, “Can you afford to free a slave?” He replied in the negative. Allah’s Apostle asked him, “Can you fast for two successive months?” He replied in the negative. The Prophet asked him, “Can you afford to feed sixty poor persons?” He replied in the negative. The Prophet kept silent and while we were in that state, a big basket full of dates was brought to the Prophet. He asked, “Where is the questioner?” He replied, “I (am here).” The Prophet said (to him), “Take this (basket of dates) and give it in charity.” The man said, “Should I give it to a person poorer than I? By Allah; there is no family between its (i.e. Medina’s) two mountains who are poorer than I.” The Prophet smiled till his pre-molar teeth became visible and then said, ‘Feed your family with it.” (Sahih Bukhari p.259 v.1)

From the aforementioned hadith we can derive that if a person intentionally ate, drank or engaged in sexual intercourse during a fast in the month of Ramadhan, kaffarah will be obligatory. (Kitabul Fiqh p.906 v.1)

With regards to your first question, the ruling is that if the cause of breaking the fast is because of intentionally engaging in sexual intercourse then one is required to do a separate kaffarah for each breaking of the fast. However, if the cause is something else besides intentionally engaging in sexual intercourse then one kaffarah will be sufficient. (Ahsanul Fatawa p.444 v.4)

Answer 2

It is not necessary to keep the qadha fasts in order. One can keep it whenever he wishes. It is obligatory to keep a qadha fast for every single broken fast. (Ilmul Fiqh p.29 v.3)

Answer 3

Saaiduna Abu Hurairah Radiallahu Anhu narrates that the Prophet of Allah Sallallahu Alahi Wasalam forbade fasting on two days, the day of Fitr and the day of Adha.  (Muwatta Malik p.241)

Saaiduna Nubaisha al-Hudhali Radiallahu Anhu reports that the Prophet of Allah Sallallahu Alahi Wasalam saying, “The days of Tashriq are the days of eating and drinking.” (Sahih Muslim p.360 v.1)

It is not permissible to fast or to keep a qadha or kaffarah fast during these five days. They are the two days of Eid and the three days of Tashriq, which are the 11th, 12th and 13th of Zul Hijjah.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

http://islamqa.org/hanafi/daruliftaa-birmingham/19351

Allah (SWA) says “…And for him who is unable to do so, he should feed sixty of destitute.” (Surah Mujadalah v.4)

The upshot of the verse is that a person who is unable to fast due to ill health or is too old to fast; he or she will be allowed to feed sixty destitute instead of fasting for sixty days consecutively.

Therefore, the conclusion we can come to is that it is not permissible for a healthy person to forgo the kaffarah of fasting and feed sixty destitute instead. (Fatawa Darul Uloom Deoband p.456 v.6)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

http://islamqa.org/hanafi/seekersguidance-hanafi/32179

Answer: Bismi Llahir Rahmanir Rahimi

Only one expiation (kaffara) is owed for all the fasts vitiated in 2009 and 2010. If one purposely breaks a fast again in the future after performing the expiation, a new expiation is owed.  [Shurunbulali, Maraqi al-Falah]

The expiation is to fast sixty consecutive days in the year without any interruption. One must choose a time where one can fast these sixty days without the days of Eid or the three days after Eid al-Adha (al-Ayyam al-Tashriq) interrupting the fasts because of the prohibition of fasting on these days. [Shurunbulali, Maraqi al-Falah] If one does not fast them consecutively, then one must restart the 60 day period each time the continuity of the fasts is broken. [Tahtawi, Hashiyya al-Tahtawi]

It is important to note that one does not have a choice between fasting sixty days and feeding sixty poor people. Rather, one is obliged to fast sixty days, unless one is genuinely unable to perform all of these fasts based on reasonable surety. Reasonable surety is known by: 1) manifest signs, 2) a relevant past experience, or 3) the notification of an upright, Muslim doctor/expert.

If one is genuinely unable to perform the sixty consecutive fasts based on reasonable surety, then one must either:

a) feed the same sixty, poor people to their fill for two meals, or

b) feed one poor person to his fill for two meals a day for sixty days, or

c) give sixty poor people half a sa’* of wheat (or similar food grains) or its monetary value, or

d) give sixty poor people a sa’* of dates (or similar food grains) or its monetary value, or

e) give one poor person either c or d for sixty days.

[Shurunbulali, Maraqi al-Falah; Ala al-Din Abidin, al-Hadiyya al-Alaiyya; Shurunbulali Imdad al-Fattah]

*Half a sa’ is approximately 2 kilos (4.5 pounds). A full sa’ is approximately 4 kilos (9 pounds).

Barak Allah fikum

Naielah Ackbarali
Dhul Qa’dah 1 1431
October 9 2010

Checked & Approved by Faraz Rabbani

http://islamqa.org/hanafi/askimam/80212

What if someone when he was young, but has reached puberty, did not take his deen seriously and broke around thirty fasts intentionally over the years or did not keep some fast intentionally?

Does that mean sixty days of consecutive fast for each broken or missed fast?

Answer

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

As-salāmu ‘alaykumwa-rahmatullāhiwa-barakātuh. 

If a Muslim deliberately breaks his fast during Ramadan with no justifiable reason in Sharī῾āh, then he has to compensate by paying Kaffārah (expiation) for the sin.

The Kaffārah (expiation) for a broken fast, which is in addition to making up the fast for the missed day is sixty consecutive days. If the sixty days is interrupted without a legitimate Shar῾ī reason, then one has to recommence the sixty days.[1]

If one is unable to fast the sixty days for a legitimate Shar῾ī reason e.g., old age or a chronic illness that makes fasting very hard then the person can do one of the following:

• Feed sixty poor people two full meals a day
• Feed one poor person two meals a day for sixty days
• Give sixty poor people 3.5lbs, or 1.6kgs of wheat, flour, fine flour or its value in cash or feed one poor person for sixty days.
• Give sixty poor people 7.5lbs or 3.5kgs of dry dates, barley or its value in cash or feed one poor person for sixty days.[2]

All of this is based on one’s average consumption. The food should not be beyond one’s normal amount of consumed food, neither should it be extravagant or inferior.[3]

If a Muslim deliberately misses a fast during Ramadan, this results in compensating for the missed fast by fasting one day ONLY, no Kaffārah (expiation) will occur in this situation.

If more then one fast of Ramadan is broken by eating or drinking or copulating with the spouse, one will be required to compensate with one Kaffārah (expiation) by observing sixty consecutive fast and one qadhā῾.[4]

And Allah Ta’āla Knows Best

Mufti Zaid Mohammed Shelia,
Student Darul Iftaa

USA

Checked and Approved by,
MuftiEbrahim Desai.www.daruliftaa.net

http://islamqa.org/hanafi/seekersguidance-hanafi/32491

Also since his wife was also fasting does the same ruling applies to her, even though she was tempted into it by her husband? What is the ruling for the husband for tempting her ?

Answer: Assalamu alaikum wa rahmatullah,

I pray this finds you in the best of health states.

The first step for both spouses is to make sincere repentance (tawba) and ask Allah for forgiveness, as that act was sinful. Yet the doors of forgiveness are always open, by His unending grace, particularly in this blessed month.

Repentance entails:

(a) Immediately ceasing the act,
(b) Feeling sincere remorse and regret,
(c) Making the firm resolution to never repeat the act. [Nawawi, Riyad al-Salihin]

For this particular sin, expiation must also be performed by both spouses, even if the act was initiated and insisted upon by the husband. He would have a greater sin, but both are responsible for the act itself, as each did so willingly. Expiation is to fast 60 consecutive days, without missing a single day. This must be done in a time without any of the days of Id/Tashriq (Shawwal 1, Dhul Hijja 10-13), since it is sinful to fast on any of those five days.

If one does not fast the 60 days consecutively, one would have to restart the 60 days.

The only exception to this ruling is for a woman in menstruation or post-natal bleeding. She would abstain from fasting on the days of menstruation/lochia, and then resume immediately upon becoming pure. If she delayed the fast after becoming pure, she would have to restart the 60 days.

Lastly, aside from the expiation, the day on which this happened would need to be made up, as the fast for that day was broken. [Tahtawi/Shurunbulali, Hashiyat Tahtawi ala Maraqi al-Falah]

Please see this related answer:

The Expiation (Kaffara) for Having Sex While Fasting

And Allah knows best.
wassalam
Faraz

Checked & Approved by Faraz Rabbani


http://islamqa.org/hanafi/askimam/12291

1. A person broke his fast intentionally by eating, or drinking or intercourse on one day or many days in one Ramadhaan, then only one Kaffaarah is Waajib.

2. If he broke his fast intentionally by eating or drinking in different Ramadhans, then too only one Kaffaarah is Waajib

3. If he broke his fast intentionally by sexual intercourse in different Ramadhaan, then for each Ramadhan, a separate Kaffaarah has to be made. ()Aalamgiri)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

http://seekershub.org/ans-blog/2011/12/21/the-expiation-kaffara-for-having-sex-while-fasting/

Answered by Shaykh Faraz A. Khan

Question: 1. I was involved in a sexual activity while fasting during ramadhan with a woman. After having sex i discontinued my fast. At that time i was not married. Please suggest me kaffara.

2. During one Ramadhan i had sex with my wife while fasting. This happened several times in that month. That time we were newly married. Sometimes i use to fast and some times i was not but my wife continued her fasting whole month. We use to sleep together after offering fajr prayer. It was me who initiated that act and we use to continue our fast even after having sex. Can you please let me know the kaffara for in the light of Quran and Sunnah for both of us.

Answer: Assalamu alaikum wa rahmatullah,

I pray this finds you in the best of health and states. May Allah reward you for your desire to repent and make amends, and grant you ease in doing so.

Tawba: Repentance

Regarding the first question, this was a very grave sin in Sharia. You must make sincere repentance for it: seek Allah’s forgiveness while feeling real remorse, cease doing this act (if you still do it), and resolve never to do it again.

Regarding the second question, again both you and your wife must make sincere repentance for these acts.

[Nawawi, Riyad al-Salihin]

Kaffara: Expiation

In terms of kaffara, you and your wife each owe one kaffara, which is to fast for 60 consecutive days, without missing a single day. This must be done in a time without any of the days of Id/Tashriq (Shawwal 1, Dhul Hijja 10-13), since it is sinful to fast on any of those five days.

If one does not fast the 60 days consecutively, one would have to restart the 60 days.

The only exception to this ruling is for a woman in menstruation or post-natal bleeding. She would abstain from fasting on the days of menstruation/lochia, and then resume immediately upon becoming pure. If she delayed the fast after becoming pure, she would have to restart the 60 days.

Makeups

In addition to the kaffara, each of you must calculate the number of days on which this occurred, and then make up that number. This is because intercourse while fasting does break the fast, so those days did not count even if you both continued to abstain from food/drink the rest of the day.

As opposed to the kaffara however, these makeups do not have to be made up consecutively.

Both of these rulings — kaffara and makeups — pertain to both you and your wife, even if it was you who initiated the act.
[Tahtawi/Shurunbulali, Hashiyat Tahtawi ala Maraqi al-Falah]

And Allah knows best.

wassalam
Faraz

Checked & Approved by Faraz Rabbani

http://islamqa.org/hanafi/askimam/15789

Asalaamualaikum. I became Muslim just under 3 years ago (and just before ramadhan). I was told by a brother whom I believed to be reliable, that it did not matter if I broke my fast and that I simply had to make up the fast after ramadhan finished. On several occasions during my first ramadhan I weakened and deliberately broke my fast. I have already observed the qada fasts. Do I need to observe kaffarah?

Answer

In principle, one will be excused to break one?s fast if he/she suffers from such a sickness that he/she fears if he/she fasts, his/her illness will increase or he/she fears that he might get sick or will lose his/her life or a limb or suffer such hunger and thirst that he/she fears his/her life or losing his/her mind. (Aalamgiri vol.1 pg.207)

Hence, if your fast was not of the above nature, then Kaffaarah and Qadhaa will be necessary. However, we should bear in mind that the Kaffaarah is, a) Freeing a slave, b) Fasting for 2 consecutive months, and if one is unable to do so, then, c) Feeding 60 orphans 2 meals.

You should also remember that for all the fasts that have been broken by eating or drinking, only one Kaffaarah will be sufficient. You will not have to keep separate Kaffaarah for each broken fast.

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai 
FATWA DEP

Please go through the following details about Kaffarah for multiple broken fasts

http://islamqa.org/hanafi/askimam/15789

http://www.askimam.org/public/question_detail/26655

http://islamqa.org/hanafi/askimam/12291

http://islamqa.org/hanafi/daruliftaa-birmingham/77162

 According to these fatwas: 

If fast was broken due to intercourse, then a separate kaffarah will be required if this happened in separate Ramadans i.e. One kaffara for each Ramadan

If fast was broken due to eating/drinking, then one Kaffarah would be sufficient for all previous broken fasts, even in different Ramadans