السَّلاَمُ عَلَيْكُمْ وَرَحْمَةُ اللهِ وَبَرَكَاتُهُ
I would like to know what’s the rule regarding a female that has to pay back fast. Say she broke a fast and now has to keep 60 – but she has menstruation in between. What should she do in that case ?
جَزَاكَ اللّهُ خير
Answer
Assalaamu alaykum
See below.
And Allah Ta'ala knows best
Was salaam
Emraan Vawda
The Qada or Missed Fasts
1. The fasts that have been missed for some reason or the other have to be kept after Ramadaan as soon as possible. One should not delay in keeping these missed fasts. It is a sin to delay in keeping these missed fasts without any reason.
2. When keeping the qada fasts, it is not necessary to specify the date by saying: "I am keeping a qada fast for so-and-so day". Instead, one should merely keep the fasts that have been missed. However, if one has missed a few fasts of two Ramadaans and has to keep the qada for both the years, it will be necessary to specify the year for which he is keeping the qada. That is, he should make the intention in the following way: "I am keeping this qada fast for so-and-so year".
3. When keeping a qada fast, it is necessary to make the intention at night (i.e. before subah saadiq). If the intention is made in the morning (i.e. after subah saadiq), the qada fast will not be valid and it will be regarded as a nafl fast. The person will have to keep the qada fast again.
4. The same rule applies to the kaffarah fasts, i.e. the intention has to be made at night. If the intention is made the following morning, the kaffarah fast will not be valid.
5. When keeping the qada fasts, one has the choice of either keeping them consecutively or at random. Both options are permissible.
6. If a person has not kept the qada fasts of Ramadaan and the following Ramadaan commences without his having made the qada, he should keep the fasts of the present Ramadaan and keep the qada fasts of the previous Ramadaan after Eid. However, it is an evil practice to delay in this manner.
7. In the month of Ramadaan a person became unconscious during the day. This unconsciousness continued for more than a day. Apart from the day on which he fell unconscious, he will have to keep qada of all the other days in which he remained unconscious. Qada of the first day on which he fell unconscious is not wajib because due to his intention of fasting, that fast has become valid. However, if the person was not fasting on that day, or, if he took some medication on that day and this medication went down his throat, qada of this first day will also be wajib on him.
8. If the person fell unconscious at night, it is not wajib on him to make qada of the fast of the following day as well. However, he will have to make qada of the remainder of the days in which he remained unconscious. But if he did not make the intention of fasting on that night for the following day, or if he took some medication the following morning, then he will also have to make qada of that first day.
9. If a person remains unconscious for the entire month of Ramadaan, even then he should make qada of these fasts. He should not think that he is absolved from keeping all these fasts. However, if he became a lunatic, and this lunacy remained for the entire month, he does not have to keep qada for any of the days of this Ramadaan. If his lunacy disappears on any day in the month of Ramadaan and he comes back to his senses, he should commence fasting and keep qada of the days in which he experienced this lunacy.
Acts which Break or do not Break the Fast
1. If a fasting person forgetfully eats, drinks or has sexual intercourse, the fast will not break. If he eats and drinks a full-stomach, even then the fast will not break. If he forgetfully eats or drinks several times in the day, the fast will still not break.
2. A person saw a fasting person eating or drinking something. If this fasting person is quite strong and is not greatly affected by fasting, it will be wajib to remind him that he is fasting. But if he is a weak person and is greatly affected by fasting, he should not be reminded that he is fasting. Instead, he should be allowed to continue eating.
3. A person slept away during the day. He saw a dream which made ghusl compulsory on him. (i.e. he had a wet-dream) In such a case, the fast does not break.
4. During the day, it is permissible to apply surmah (antimony), oil, and to inhale any fragrance. The fast is not affected by such acts irrespective of when this is done. In fact, after applying surmah, if the colour of the surmah appears in one's saliva or mucus in the nose, even then the fast will not break nor will it become makruh.
5. It is permissible for a man to sleep next to his wife, to touch her and to kiss her. However, if, due to the passions of youth, there is the fear that these acts would lead to sexual intercourse, they should be abstained from. It will then be makruh to carry out such acts.
6. A fly went down the throat, or some smoke or dust went down the throat on it's own. In such a case, the fast will not break. However, if one did this intentionally, the fast will break.
7. Incense sticks were burnt and the person went and sat near them and inhaled the smoke. The fast will break. In the same way, the fast breaks by smoking cigarettes, cigars, etc. Apart from this smoke, it is permissible to inhale the fragrance of perfumes which do not have any smoke.
8. A fibre of meat or fragments of betel-leaf, etc. was stuck in the teeth. Due to cleansing the teeth, this fibre released itself from in between the teeth and the person ate it. However, he did not remove it from his mouth. It went down his throat on its own. If this fibre is less than the size of a gram-seed, the fast will not break. If it is equal to or more than the size of a gram-seed, the fast will break. However, if the person removed this fibre from his mouth and thereafter swallowed it, his fast will break irrespective of whether it was smaller or larger than a gram-seed. In both cases the fast will break.
9. By swallowing one's saliva, the fast does not break irrespective of the amount swallowed.
10. After eating some betel-leaves, the person washed and gargled his mouth thoroughly. Despite this, the redness of the saliva did not disappear. There is no harm in this. The fast will still be valid.
11. Ghusl became compulsory at night. However, the person did not have a bath and only took a bath during the day. The fast will be valid. In fact, even if he does not bath the entire day, the fast will still be valid. However, he will still be sinning for not bathing.
12. A person sniffed in such a way that the mucus of his nose went down his throat. His fast will not break. Similarly, the fast does not break by sniffing and swallowing the saliva that is in the mouth.
13. A person placed betel-leaves in his mouth and slept away. His eyes only opened the following morning. His fast will not be valid. He will have to make qada of this fast but there will be no kaffarah on him.
14. While rinsing the mouth, water went down the throat and the person knew that he was fasting. His fast will break, qada will be wajib, but there will be no kaffarah on him.
15. A person vomitted unintentionally. The fast will not break irrespective of the amount. However, if he vomitted intentionally, his fast will break if the vomit was a full-mouth. But if it is less than a mouth full, the fast will not break.
16. A small amount of vomit came out but it returned down the throat on its own. The fast will not break. However, if the person swallows it intentionally, his fast will break.
17. A person ate a pebble, a piece of steel or some other object which is not normally eaten nor is it consumed for medicinal purposes. His fast will break but there will be no kaffarah on him. And if he eats or drinks something that is normally consumed, or, it is not normally consumed but is used for medicinal purposes, his fast will break and qada and kaffarah will be wajib on him.
18. When a person has sexual intercourse, the fast will break, qada will become wajib, and it will also be wajib to observe kaffarah. Once the head of the penis enters the vagina, the fast breaks and qada and kaffarah become wajib. This is irrespective of whether ejaculation takes place or not.
19. If the man inserts the head of his penis into the anus of the woman, even then, the fast of both the man and woman will break. Qada and kaffarah will also be wajib on them.
20. When a fast is broken, kaffarah only becomes wajib when the fast of Ramadaan is broken. Kaffarah does not become wajib by breaking any other fast irrespective of the manner in which the fast is broken. This applies even if the fast is a qada of a Ramadaan fast. However, if the intention was not made at night (i.e before dawn) for such a fast, or, a woman gets her haid on that very day after breaking her fast; then by breaking the fast, kaffarah will not become wajib.
21. While fasting, a person took snuff, put some oil in his ears or took an enema without taking any medicine orally. The fast will break. However, only qada will be wajib and not kaffarah. If he puts water in his ears, the fast will not break.
22. While fasting, it is not permissible for a woman to insert any medicine, oil, etc. in her vagina. If she inserts any medicine into the vagina, the fast will break, qada will be wajib but not kaffarah.
23. Because of some reason, the doctor inserts his finger into the vagina, or, the woman inserts her own finger. Thereafter, he or she removes part of the finger or the entire finger and then re-inserts the finger. The fast will break but kaffarah will not be wajib. If the finger was not re-inserted, the fast will not break. However, if the finger was wet or moist before inserting it the first time, and then it is inserted, the fast will break the first time it is inserted.
24. Blood comes out from the mouth. It is then swallowed together with saliva. The fast will break. However, if the quantity of blood is less than that of the saliva and its taste is not felt when it goes down the throat, the fast will not break.
25. If a person tastes something with his mouth and thereafter spits it out, the fast will not break. However, it is makruh to do so unnecessarily. But if one's husband is very hot-tempered and there is the fear that if the salt or water content in the gravy is not in order, he will become extremely angry, it will be permissible to taste and will no longer be makruh.
26. It is makruh to soften any food with one's mouth and feed it to a child. However, if this becomes necessary and there is no alternative, it will not be makruh.
27. It is makruh to cleanse the teeth with coal or tooth-powder. If any of these things go down the throat, the fast will break. It is permissible to clean the teeth with a miswaak. This is irrespective of whether it is a dry miswaak or a fresh one. If the miswaak is obtained from the neem (margosa) tree and one perceives it's bitterness in the mouth, even then it will not be makruh to use such a miswaak.
28. A woman was sleeping or lying down unconscious. A person came and had sexual intercourse with her. Her fast will break, qada will become wajib but she does not have to give any kaffarah. As for the man, qada and kaffarah will be wajib on him.
29. A person ate something forgetfully and thought that since he has eaten, his fast is now broken. He therefore ate something intentionally. His fast will now break, qada will be wajib on him, but not kaffarah.
30. A person vomited involuntarily and thought that his fast is now broken. He therefore consumed some food. His fast will break, qada will be wajib, and not kaffarah.
31. A person applied surmah, underwent blood-letting or applied some oil and thereafter thought that his fast has broken because of any of these causes. He therefore ate some food intentionally. In this case, both qada and kaffarah will be wajib on him.
32. If a person's fast coincidentally breaks in the month of Ramadaan, he cannot eat or drink anything for the rest of the day. It is wajib on him to abstain from consuming anything for the rest of the day just like a normal fasting person.
33. A person had no intention of fasting on any day in the month of Ramadaan. He therefore continued eating and drinking the entire day. Kaffarah will not be wajib on such a person. Kaffarah only becomes wajib when one makes an intention to fast and thereafter breaks the fast.
Kaffarah
1. The kaffarah for breaking the fast of Ramadaan is that the person must fast for two consecutive months. It is not permissible to keep a few fasts, stop fasting for a few days, and recommence fasting. If for some reason or the other, one or two fasts in-between are missed out, then the fast for two months will have to be restarted. However, the fasts that a woman misses due to her monthly haid, are forgiven. By not fasting on these days, no harm is caused to the kaffarah. However, once she is purified from her haid, she should immediately recommence with the fasting and complete the sixty days.
2. If a few fasts are missed because of nifaas, and the full sixty days could not be kept consecutively, the kaffarah will still not be correct. The fasts will have to be started all over again.
3. If a few fasts of kaffarah are missed due to some problem or sickness, even then the fasts will have to be re-started once the person is cured from that sickness.
4. If the month of Ramadaan comes in-between the kaffarah fasts, the kaffarah will not be valid.
5. If a person does not have the strength to keep the fasts, he should feed sixty poor persons twice a day with a full meal. They must be allowed to eat as much as possible.
6. If there are a few children included among these poor persons, this will not be permissible. One will have to feed additional poor persons in place of these children.
7. If there is bread made of wheat, it is permissible to feed it to them even if it is dry. If the bread is made of barley, millet, corn, etc. they should also be given some gravy with which they could eat the bread.
8. If the person does not feed them with any food, but instead he gives grain to sixty poor persons, this will also be permissible. He should give each poor person grain equal to the value of sadaqatul fitr (which is approximately one and a half to two kilos of wheat). Rules concerning sadaqatul fitr will Insha Allah be discussed in the chapter on zakaat.
9. It is also permissible to give money equal to the value of the grain.
10. If a person asks someone else to fulfil this kaffarah on his behalf by feeding sixty poor persons and the person fulfils his request or he gives the grain, the kaffarah will be fulfilled. But if the person gives the kaffarah without being asked to do so, it will not be valid.
11. If a person feeds one poor person for sixty days every morning and evening, or continues giving him grain for the next sixty days, or gives him money that equals the value of that grain, the kaffarah will be valid.
12. If the person did not feed the poor person for sixty consecutive days, but missed out a few days in between, there is no harm in this. This is also permissible (as long as he completes the sixty days).
13. If a person gives the poor person grain that will last him for sixty days at one time, the kaffarah will not be valid. Similarly, if he gives one poor person sixty times in one day, it will still be regarded as giving for one day only. He will then have to give to 59 additional poor persons. The same rule applies when giving money. That is, it is not permissible to give money to one poor person in one day as a compensation for more than one fast.
14. If he gives a poor person kaffarah that is less than the sadaqatul fitr, the kaffarah will not be valid.
15. If a person breaks a few fasts in the same Ramadaan, only one kaffarah will be wajib. But if two fasts are for the Ramadaans of two different years, he will have to give kaffarah for each fast.
Conditions which Permit the Breaking of the Fast
1. A person suddenly falls ill and fears that if the fast is not broken his life will be in danger or that his health will deteriorate. In such a case it will be permissible to break the fast. For example, a person experiences severe pains in the stomach and becomes extremely restless, or he was bitten by a snake. In such instances, it will be permissible to break the fast and take some medicine. Similarly, if a person feels extremely thirsty and fears for his life, it will be permissible to break the fast.
2. A pregnant woman encounters certain difficulty and thereby fears for her or her child's life. It will be permissible for her to break her fast.
3. On account of her being preoccupied in cooking, a woman feels extremely thirsty and she feels so restless that she fears for her life. It will be permissible to break the fast. But if she intentionally carried out such strenuous work which caused her to feel this way, she will be sinning.
Conditions which Permit one not to Fast
1. A person experiences a sickness which could be aggravated by fasting and he fears that if he had to fast, his sickness would worsen or that his recovery would be delayed or that he would die. In all these instances he should not fast. Once he recovers from his sickness, he must keep qada for the fasts which he missed. However, this concession cannot be obtained by mere thinking and the fast cannot be left out merely on this basis. Instead, when a pious Muslim doctor says that fasting would be detrimental to the sickness, only then will it be permissible to leave out a fast.
2. If the doctor is a kaafir or he is not religiously minded, his advice cannot be relied upon. One cannot leave out a fast merely on his advice.
3. If the doctor did not say anything, and the person has some past experience or noticed certain signs whereby his heart says that fasting will be detrimental to his health, he should not fast. But if he has no past experience, nor does he know anything about this sickness, then his mere thinking is not considered. If a person breaks his fast without consulting a pious doctor or without having any past experience, he will have to give kaffarah. And if he does not fast at all, he will be sinning.
4. A person recovered from his sickness but continued feeling weak and he feels that if he fasts, he will fall ill again. It will be permissible not to fast.
5. If a person is travelling, it is permissible for him not to fast. He must make qada of the missed fast whenever possible. "Travelling" in this context is the same as that mentioned in the chapter on offering salaat while travelling, i.e. one must have the intention of travelling approximately 77 kilometres or more.
6. If by travelling, a person will not experience any difficulties by fasting, e.g. he is travelling by train and feels that he will reach his destination by the evening or he has all the necessary items which will give him comfort during the course of the journey, in such a case it will be preferable to fast even though he is still regarded as a musafir. But if he does not fast despite all these comforts, even then there will be no sin on him. However, he will be deprived of the virtue of fasting in the month of Ramadaan. If a person experiences difficulties because of fasting during the course of his journey, in such a case it will be better not to fast.
7. A person did not fast due to some sickness and passed away in that very sickness, or a traveller did not fast and passed away before he could reach his destination or before he could return home - in both cases they will be absolved from making qada and will not be taken to task for this on the day of judgement. This is because they did not get the opportunity to make qada of the fasts which they had left out.
8. A person left out 10 fasts on account of sickness. Thereafter his health returned to normal for 5 days and he passed away. However, he did not keep any of the missed fasts in these 5 days. He will therefore be accountable for not keeping qada for 5 days of missed fasts and will be absolved from the other 5 days. If the person returned to normal for 10 days but did not make qada of the 10 fasts which he had missed, he will be accountable for all 10 days. It is therefore necessary for the person to advise his near ones before he can pass away to pay fidyah on his behalf for all the fasts which he will be accountable for. This is if he has any money to be given as fidyah. The masa'il related to fidyah will be mentioned in a later chapter - Insha Allah.
9. Similarly, if a person misses a few fasts on account of travelling and passes away after reaching his house, he will only be accountable for the number of days that he was at his house. It is also necessary on this person to make a bequest that fidyah be paid on his behalf. If the number of fasts missed are more than the duration of his stay at home, there is no accountability for them (i.e. for the number of fasts which exceed the duration of his stay at home).
10. During the course of his journey, a person stopped over at a place with the intention of staying there for 15 days or more. It will not be permissible for him to miss out any fast because he is no more regarded as a musafir according to the Shariah. However, if he made the intention of stopping over for less than 15 days, it will be permissible for him not to fast.
11. A pregnant or a breast-feeding woman is permitted not to fast if she fears for the life of her child or her own life. She must make qada of the missed fasts at a later date. However, if her husband is wealthy and he can afford to pay a wet nurse to breast-feed his child, it will not be permissible for her to miss out any fast on account of breast-feeding. However, if the child is such that he refuses to drink the milk of anyone other than his mother's, it will be permissible for the woman not to fast on account of breast-feeding.
12. A wet nurse accepted the job of breast-feeding before Ramadaan. When Ramadaan commenced, she feared over the life of the child by her fasting. It will also be permissible for this wet nurse not to fast.
13. A woman experienced the monthly haid or gave birth and was therefore in a state of nifaas. As long as the state of haid or nifaas remains, it will not be permissible for such a woman to fast.
14. If a woman becomes pure from her haid or nifaas during the night, she should not leave out fasting the following day. Even if she did not have a bath at night, she should fast and have a bath in the morning. If a woman becomes pure after dawn, it will not be permissible for her to make the intention of fasting. In addition to this, it will not be permissible for her to eat or drink anything. She will have to spend her entire day like normal fasting persons.
15. Similarly, when a person accepts Islam during the day or reaches the age of puberty during the day, he should abstain from eating or drinking anything for the rest of the day. If such a person eats or drinks something during the day, qada fast will not be wajib on him.
16. A traveller had the intention of not fasting. However, he reached his house one hour before noon, or, one hour before noon he made the intention of staying over at a place for 15 days or more. In addition to this, he had not consumed any food or drink since dawn. Such a person should make the intention of fasting and fast for the rest of the day.
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