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Tuesday, June 18, 2013

Dought - clear, - Her sister has Down’s syndrome; does she haveto offer expiation because of not fasting?.

I have a sister who has Down's syndrome. She reached puberty at the
beginning of this year and she cannot fast. Should we pay fidyah onher
behalf, or what? How much is it?
Praise be to Allah.
Firstly:
Down's syndrome is a genetic disorder; it includes delays in the
development of cognitive ability and physical growth. The external
signs of Down's syndrome include a crease in the eyelids, short neck
and hands, and poor muscle tone.
Secondly:
For fasting to be obligatory, it is stipulated that one should be of
sound mind, because of the words of the Prophet )blessings and peace
of Allah be upon him(: "… The Pen has been lifted from three: from the
insane person whose mind is deranged until he comes to his senses,
from the sleeper until heawakens and from the child until he reaches
maturity…" Narrated by Abu Dawood, 4399; classed as saheeh by
al-Albaani in Saheeh Sunan Abi Dawood.
If your sister is affected by a delay in cognitive ability to the
extent that she has not been able to reach the level of discernment,
and she does not understand theteachings of Islam, then in this case
she is not obliged to fast or to make up missed fasts, and you do not
have to pay the fidyah on her behalf, because she is not accountable
in the first place.
Shaykh Ibn 'Uthaymeen )may Allah have mercy on him( said in ash-Sharh
al-Mumti' )6/324(: Anyone who does not have cognitive ability is not
accountable, and none of the obligatory duties of Islam are binding
upon him, such as prayer, fasting and feeding the poor insteadof
fasting. In other words, he does not have to do anything at all, with
the exception of financial obligations. End quote.
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