THE CHAPTER OF FASTING · 41 – THE SITUATION OF A PERSON WHO DIES OWING A FASTING DEBT
Aisha (may Allah be pleased with her) related:
The Messenger of Allah (peace and blessings upon him) said, “Whoever dies owing a debt of fasting, his guardian fulfills it.”
Abu Dawud said: This oath pertains to the vow-fasting, and is the view of Ahmad bin Hanbal. [295]
EXPLANATION
The guardian does not fulfill the deceased’s obligation of fasting. The opinion of Imam al-Shafi'i, Imam Malik, and Imam al-Azam is also like this.
If the debt is a vow (nezr), then Ahmad bin Hanbal has stated that his guardian may fulfill it on his behalf. Regarding obligatory fasts owed, none of these four jurists hold that the guardian can fulfill them. A ransom for each day is paid instead.
According to a narration from Ibn Abbas (may Allah be pleased with him), he said: “If someone is ill in Ramadhan and then dies without being able to fast, then a food-ransom is given for his fasts; there is no obligation upon him to make up the fasts. And if he had made a vow, his guardian fulfills it.”
COMMENTARY
In one manuscript, instead of (lem yesum), it reads (lem yasıhha), and “wa in nazara kaza ‘anhu waliyyuhu,” while another reads “wa in nazara nazran kaza ‘anhu waliyyuhu”. In a new manuscript, it states that he does not fast the ransoms he has paid; whereas another manuscript says if he does not recover. One manuscript says his guardian fulfills his vow, while another says if he makes a vow, his guardian fulfills it.