Question : A question was asked as to whether or not a person who, for many years neglected to fast in the month of Ramadan but has recently repented, must make up the fasts that s/he missed [as “delayed ritual performances”, or qada’].

Fatwa in Brief: He does not have to make up his/her fasts qada’; but s/he is obligated to ask repentance from God and to increase the number of righteous acts s/he performs.

Shaykh Ibn al-‘Uthaymin, Majmu‘ Fatawa wa Rasa’il, 19/87, p. 41

Response:

This opinion disagrees with the consensus of the scholars, and with the spirit of the fast, which demands asceticism from us. The scholars agree that it is mandatory for someone who has neglected to fast in previous Ramadan months to perform qada’ for all the days that s/he has missed.

Commentary:

If the time of an obligatory act of worship passes, and a Muslim has failed to perform this act on time, the obligation to do so remains until s/he makes up the missed act of worship as qada’. The scholars agree that all obligatory acts of worship that are missed should be performed as qada’. Al-Suyuti says that each person who misses an obligation has, for his own sake, to perform this act as qada’. While Sahib al-Talkhis argues that all obligatory acts of worship (‘ibada) that are not performed must be [made up as] qada’ or as acts of expiation (kaffarah). According the Indian legal opinions, the performance of qada’ is obligatory (fard) for [the neglect of] an act that is obligatory (fard); it (qada’) is mandatory (wajib) for [the neglect of] an act that is mandatory (wajib) [generally speaking, fard and wajib mean much the same in Sunni law, though some, predominantly Hanafi, jurists prioritise the fard above the wajib]; and it is merely recommended (Sunna) for [the neglect] of an act that is recommended (Sunna).[1]

The [main] evidence in support of the obligatory nature of making up one’s missed acts of worship is a hadith attributed to Abu Hurayra (r.a.). According to this, the Prophet (upon him be peace) ordered the person who commits a sexual act during Ramadan to fast an extra day to atone for breaking his/her fast. If the performance of qada’ is mandatory (wajib) for the one who neglects to perform an act of worship through forgetfulness, then it is even more necessary for the one who does so willingly.

Another piece of evidence in this debate is a hadith included in the collections of Bukhar and Muslim. According to this, a man asked the Prophet (upon him be peace) about his recently deceased mother, who had missed a month of fasting. The man wished to know whether it was possible to perform the fast on her [his mother’s] behalf. To this, the Prophet (upon him be peace) replied: “yes, as the most important thing is to meet one’s debt to God”. In another account, a woman asked the Prophet (upon him be peace) about her mother, who had intended to go on pilgrimage (hajj), yet had not managed to do so before her death. [As in the previous account] This woman wanted to know whether it was permitted for her to perform the hajj on behalf of her mother. He [the Prophet, upon him be peace] replied: “Do you not think that if she was in debt, you would pay it off for her?” She said, “Yes”. He said, “The debt owed to God is more deserving of being paid off”.

This hadith supports the obligatory nature of qada’ in meeting one’s debt to God.

There is more evidence in support of qada’ in these circumstances:

1.  God’s words:

 

“Fasting is prescribed for you”. (Q 2:183)

 

Here, God does not distinguish between the time of fasting, and after this time.

The logic is clear: one’s fast must be fulfilled during its time, or [if not then] afterwards.

 

2.  There is proof that the sick and traveling person, who are not sinners [and who have excuses not to perform their ritual obligations], are nevertheless commanded to perform the obligations as qada’. It is, therefore, even more incumbent upon the Muslim who, without a legitimate excuse, neglects to perform his/her obligatory acts of worship to make up these duties as qada’.

 

3.  We all are expected to meet our religious obligations on time. Yet, the obligation to perform qada’ does not expire. Rather, this can only be met through the remission of one’s debt (‘ibra’) [to God, regardless of when this happens]. This debt [like all debts] may only be waived by the aggrieved party; and, in this case, [when this party is God] such permission will not be granted.

 

4.  The scholars agree that abstaining from fasting during Ramadan is obligatory. If a Muslim does not do so, s/he should make up this lapse through the performance of qada’:

 

    In al-Mughni, Ibn Qudama declares that, if a Muslim abstains from fasting because of such and such reason (after which he lists all possible reasons to abstain), then he has to perform qada’. We do not know of any disagreements regarding this matter. This is because the act of fasting is a debt that must be paid; it will not disappear on its own.[2] And God the Almighty knows best.

 

From the book, Fatawa al-Islam Su’al wa Jawab: if a Muslim is capable of performing qada’ – in lieu of the act of worship s/he has missed – yet puts this [the performance of qada’] off, then s/he is a sinner. For, the [Sunni] Imams agree that a Muslim is obligated to perform qada’ [if s/he misses an act of worship].[3]

And God knows best.

Dr. ‘Ali Mansur