the next Ramadaan comes?.
Praise be to Allaah.
The fuqaha' are unanimously agreed that forgetting is an excuse which
means that there is no sin or accountability in all matters, because
of a great deal of evidence in the Qur'aan and Sunnah, but they
differed as to whether the fidyah is still required in cases of
forgetfulness.
With regard to the issue offorgetting to make up missed Ramadaan fasts
before the next Ramadaancomes, the scholars are also unanimously
agreed that they must still be made up after the second Ramadaan, and
they are not waived as a result of forgetting.
But they differed as to whether the fidyah (whichis feeding a poor
person) is required when making up the missed fast (after the second
Ramadaan has come and gone). There aretwo points of view:
1 – That the fidyah is not required, because forgetting is an excuse
that means there is no sin and the fidyah is waived.
This was the view of most of the Shaafa'is and some of the Maalikis.
See: Tuhfat al-Muhtaaj by Ibn Hajar al-Haytami (3/445); Nihaayat
al-Muhtaaj (3/196); Minah al-Jaleel (2/154); Sharh Mukhtasar Khaleel
(2/263).
2 – That the fidyah is required, and forgetting is an excuse that
means there is no sin only.
This was the view of al-Khateeb al-Sharbeeni among the Shaafa'is, who
said in Mughni al-Muhtaaj (2/176):
It seems that it means there is no sin only, and that the fidyah is not waived.
This was also stated by some of the Maalikis.
See: Mawaahib al-Jaleel Sharh Mukhtasar Khaleel (2/450).
The more correct view is the former, in sha Allaah, for three reasons:
1 – The general meaning of the verses and ahaadeeth which say that
people are not held accountable for forgetting,such as the verse in
which Allaah says (interpretation of the meaning):
"Our Lord! Punish us not if we forget or fall into error"
[al-Baqarah 2:286]
2 – The basic principle thatone is not subject to any expiation or
fidyah except with evidence, and there isno reliable evidence in
thiscase.
3 – There is a difference of opinion as to whether thisfidyah is
required in the first place, even in the caseof one who delays
makingup the fasts deliberately. The Hanafis and Zaahiris are of the
view that it is not obligatory and ShaykhIbn 'Uthaymeen was of the
view that it is only mustahabb, because there is no report to suggest
that it is prescribed exceptfrom the actions of some of the Sahaabah,
which is not strong enough to suggest that people be obliged to follow
it, let alone oblige them to do it in a case where Allaah has granted
an excuse.
See the answer to question no. 26865 .
To sum up, he only has to make up the missed fasts, and he does not
have to feed the poor, so he should make them up after Ramadaan.
And Allaah knows best.
--
- - - - - - -