Dought & clear, - Ruling on fasting the days of al-tashreeq

A man fasted on the eleventh and twelfth of Dhu'l-Hijjah. What is the
ruling on his fast?.
Praise be to Allaah.
The eleventh, twelfth and thirteenth of Dhu'l-Hijjah are known as the
days of al-Tashreeq. It is proven that the Prophet(peace and blessings
of Allaah be upon him) forbade fasting on these days, and he did not
give any concession allowing fasting on these days except to those
pilgrims doing tamattu' or qiraan who could not find an animal to
sacrifice.
Muslim (1141) narrated that Nubayshah al-Hudhali (may Allaah be
pleased with him) said: The Messenger of Allaah(peace and blessings of
Allaah be upon him) said: "The days of al-Tashreeq are the days of
eating, drinking and remembering Allaah."
Ahmad (16081) narrated from Hamzah ibn 'Amr al-Aslami (may Allaah be
pleased with him) that he saw a man on a camel following the people in
Mina, and the Prophet of Allaah(peace and blessings of Allaah be upon
him) was present, and the man was saying, "Do not fast on these days
for they are the days of eating and drinking." Classed as saheeh by
al-Albaani inSaheeh al-Jaami', 7355.
Ahmad (17314) and Abu Dawood (2418) narrated from Abu Murrah the freed
slave of Umm Haani' that he entered with 'Abd-Allaah ibn 'Amr upon his
father 'Amr ibn al-'Aas. He offered them food and said, "Eat." He
said: "I am fasting." 'Amr said: "Eat, for these are the days on which
the Messenger of Allaah(peace and blessings of Allaah be upon him)
commanded us not to fast, and he forbade fasting on these days."
Maalik said: "Those are the days of al-Tashreeq." Classed as saheeh by
al-Albaani inSaheeh Abi Dawood.
Ahmad (1459) narrated that Sa'd ibn Abi Waqqaas (may Allaah be pleased
with him) said: The Messenger of Allaah(peace and blessings of Allaah
be upon him) commanded me to call out on the days of Mina: "These are
the days of eating and drinking, and there is no fasting on these
days," meaning the days of al-Tashreeq. The editor of theMusnadsaid it
is saheeh li ghayrihi.
Al-Bukhaari (1998) narrated that 'Aa'ishah and Ibn 'Umar (may Allaah
be pleased with them) said: "No concession was granted allowing anyone
to fast on the days of al-Tashreeq, except for the (pilgrim) who could
not find a sacrificial animal."
These ahaadeeth and others indicate that it is forbidden to fast on
the days of al-Tashreeq.
Hence most of the scholars are of the view that it is not valid to
observe voluntary fasts on these days.
But if one is fasting to make up a missed Ramadaan fast, some of the
scholars are of the view that that is permissible, but the correct
view is that it is not permissible.
Ibn Qudaamah (may Allaah have mercy on him) said inal-Mughni(3/51):
It is not permissible to observe a voluntary fast on these days,
according to the majority of scholars. It was narrated from Ibn
al-Zubayr that he used to fast on these days, and something similar
was narrated from Ibn 'Umar and al-Aswad ibn Yazeed. It was narrated
from Abu Talhah that he used not to break his fast except on the two
Eid days. It seems that these people had not heard that the Messenger
of Allaah(peace and blessings of Allaah be upon him) forbade fasting
on these days, and if they had heard of that, they would not have done
that again.
As for observing an obligatory fast on those days, there are two
views. One is that it is not permitted, because it is forbidden to
fast on those days, and they are likened to the day of Eid.
The other view is that an obligatory fast observed on those days is
valid, because it was narrated that Ibn 'Umar and 'Aa'ishah said: "No
concession was granted allowing anyone to fast on the days of
al-Tashreeq, except for the (pilgrim) who could not find a sacrificial
animal" – i.e., for pilgrims doing tamattu' if they cannot find a
sacrificial animal. This is a saheeh hadeeth which was narrated by
al-Bukhaari and is applied by analogy to all obligatory fasts. End
quote.
The view adopted by the Hanbali madhhab is that fasts observed on
these days to make up for missed Ramadaan fasts are not valid.
SeeKashshaaf al-Qinaa', 2/342
With regard to pilgrims doing qiraan and tamattu' on these days if
they cannot find a sacrificial animal, the evidence for that is the
hadeeth of 'Aa'ishah and Ibn 'Umar quoted above. This is the also the
view of the Maalikis, Hanbalis and the older Shaafa'i madhhab.
The Hanafis and Shaafa'is are of the view that it is not permissible
to fast on these days.
Seeal-Mawsoo'ah al-Fiqhiyyah, 7/323
The most correct view is the first view, which is that it is
permissible to fast on these days for the (pilgrim) who cannot find a
sacrificial animal.
Al-Nawawi said inal-Majmoo'(6/486):
It should be noted that the more correct view according to our
companions is the later view that it is not valid to fast on these
days at all, either for the pilgrim doing tamattu' or for anyone else.
The most correct view based on the evidence is that it is valid for
the pilgrim doing tamattu' and it is permissible for him, because the
hadeeth which grants this concession is saheeh as we have explained,
and it clearly states that so it cannot be ignored." End quote.
To sum up: it is not valid to fast on the days of al-Tashreeq, whether
that is a voluntary fast or an obligatory fast, except for pilgrims
doing tamattu' or qiraan, if they cannot find a sacrificial animal.
Shaykh Ibn Baaz (may Allaah have mercy on him) said: It is not
permissible to fast on the thirteenth of Dhu'l-Hijjah, whether that is
a voluntary fast or an obligatory fast, because these are the days of
eating and drinking and remembering Allaah. The Prophet(peace and
blessings of Allaah be upon him) forbade fasting on these days and did
not grant a concession to anyone except for pilgrims doing tamattu'
who could not find a sacrificial animal.
Majmoo' Fataawa Ibn Baaz(15/381)
Shaykh Ibn 'Uthaymeen said:
The days of al-Tashreeq are the three days after Eid al-Adha. They are
called the days of al-Tashreeq because the people used to dry
(yusharriqoon) the meat in the sun so that it would not turn rotten
when they stored it. The Messenger of Allaah(peace and blessings of
Allaah be upon him) said concerning these three days: "The days of
al-Tashreeq are the days of eating, drinking and remembering Allaah."
As that is the case, i.e., their prescribed purpose in sharee'ah is
for eating and drinking and remembering Allaah, then this is not a
time for fasting. Hence Ibn 'Umar and 'Aa'ishah (may Allaah be pleased
with them) said: "No concession was granted allowing anyone to fast on
the days of al-Tashreeq, except for the (pilgrim) who could not find a
sacrificial animal" – i.e., those pilgrims who are doing tamattu' and
qiraan; they should fast for three days during Hajj and seven days
when they go back home. If the pilgrim doing qiraan or tamattu' cannot
find a sacrificial animal, it is permissible for him to fast on these
three days, so that the Hajj season will not end before he can fast
them. Apart from that, it is not permissible to fast on these days;
even if a person is obliged to fast two consecutive months, he must
break his fast on the day of Eid and the three days after that, then
he must resume his fast. End quote.
Majmoo' Fataawa Ibn 'Uthaymeen, 20/question no. 419
Based on the above, whoever fasted on the days of al-Tashreeq, all or
some of them, and was not a pilgrim doing tamattu or qiraan who could
not find a sacrificial animal, must ask Allaah for forgiveness for
doing something that the Prophet(peace and blessings of Allaah be upon
him) forbade. If he fasted on those days to make up for missed
Ramadaan fasts, that does not count and he must make it up again.
And Allaah knows best.