Questions Answers About Fast Accroding to Ayatollah Khamenei s Fatwa [Electronic resources] نسخه متنی

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Questions Answers About Fast Accroding to Ayatollah Khamenei s Fatwa [Electronic resources] - نسخه متنی

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Section 7: Rulings of making up for missed fast (qada) and kaffarah

1- Due to a journey made for an important religious mission,
I became liable to qada of 18 days of Ramadan. What
is my duty? Is it obligatory for me to perform qada
of the missed fasting?



A: You must perform qada of the Ramadan fasting days
missed due to traveling.


2- A person is hired to perform qada fasts of the
month of Ramadan for somebody else. However, he breaks the fast in the
afternoon. Does he have to pay the kaffarah?


A: No kaffarah is required.


3- Those who could not fast due to their journey for religious mission during
the month of Ramadan, and now want to make up after years of delay; do they
have to pay any kaffarah?


A: If delaying the qada of fasting of Ramadan until
the next Ramadan was due to a continuing legitimate excuse, then they should
perform only qada of the missed fasting days and no
redemption money [fiidyah] is required, although
caution lies in giving fediyah as well. But, if the
delay was for no legitimate reason and a result of negligence, then they are
liable both to their qada as well as redemption money
[fediyah].


4- A person did not perform prayers or fast for about 10 years due to
ignorance. Now he has repented, turning to God, the Exalted, and decided to
compensate for his past. But he cannot perform qada
of all the days he did not fast, nor has the means to pay for the kaffarah. Is it enough for him to ask for forgiveness [istighfar] alone?


A: He is not relieved from the duty of performing qada
of the missed fasting by any means. As to the kaffarah
for each day that he did not fast, if he is not able to fast for 60 days and
also unable to feed 60 needy persons, he must give as much as he can to the
poor and if he could not do that, as well, he would ask Allah for forgiveness.


5- What is the duty of a person who did not know that performing qada of missed fasting is required before the next Ramadan,
and so did not do it?



A: Ignorance of the obligation to perform qada before
next Ramadan does not relieve one of the redemption money [fediyah]
for the delay.


6- A person did not fast for 120 days. What must he do? Does he have to fast
for 60 days for every day missed, and does he have to pay kaffarah?



A: He has to perform qada for the Ramadan fasting
days he missed. If he broke the fast intentionally and not for some legitimate
reason, then he has, in addition to performing their qada,
to pay the kaffarah, which is fasting for sixty days
or feeding 60 needy persons, or giving one mudd (750
grams) of food to each of the sixty.


7- I fasted almost for one month with the intention of carrying out the qada of any fast that I might have missed, or to be counted
as a means of nearness to God. Is this month of fasting counted as qada for the fasting that I missed?



A: If you fasted with the intention of carrying out whatever counts as your
present duty, an obligatory or a recommended fast, it would be counted as the qada of the fasts missed if you were liable to any.


8- A person, not knowing the number of fasts he missed, performs fasts with the
intention of performing a recommended fast believing that he is not liable to
any qada. Is this fasting counted as qada for missed fasting days if he is liable to qada of some fasts?


A: The fasting days kept with the intention of recommended fasting do not count
as qada for fasts whose qada
one is liable to perform.


9- Due to ignorance of the rules, a person intentionally breaks his fast
out of hunger or thirst. Does he only have to perform qada
of the fast or should he pay the kaffarah as
well?


A: If his ignorance was due to negligence, then as per caution, he should pay kaffarah in addition to performing its qada
as well.


10- A person at the outset of the age of legal maturity [taklif] was not able to fast due to physical weakness and
inability. Is it enough for him to perform the qada
of the fast, or is he required to offer the kaffarah
as well?



A: If fasting did not cuase unbearable hardship for
him and he did not fast intentionally, then he has to offer qada
as well as paying kaffarah.


11- A person does not know the exact number of days he has failed to fast in
the past nor the prayers he missed. What should he do? And what rule applies if
he does not know whether be missed the fast intentionally or due to a
legitimate excuse?


A: It is permissible for him to confine to performing the qada
of the prayers and fasting he is sure of having missed. When there is doubt as
to whether the fast was broken intentionally or not, kaffarah
is not required.


12- A person fasting during Ramadan did not wake up one day to eat the meal
taken before the dawn. Therefore, he could not continue fasting until sunset.
During the day there happened an event that caused him to break his fast. Does
he have to give the single or the twofold kaffarah?



A: If he kept the fast until the time he broke it when it was harmful for him
to continue, due to severe hunger and thirst or some other reason, he has only
to perform qada of the fast and no kaffarah is required.


13- If one is not sure whether one has done qada
of all the missed fasting settled in his debt, what is one's duty?



A: If one is sure of having missed some fasting days in the past, then it is
obligatory to ascertain that has done qada for those
days.


14- A person did not fast on reaching maturity [bulugh].
He had fasted for 11 days then broke the fast one day at noon and did not fast for
the remaining 18 days. Also, he did not know that kaffarah
was obligatory for the days not fasted. What is the ruling concerning
him?



A: If he intentionally and voluntarily failed to fast in the month of Ramadan,
he has to perform qada and pay kaffarah
as well, regardless of whether he knew he had to give a kaffarah
or not.


15- The physician told a patient that fasting is harmful for his health.
However, after a few years, he realized that fasting was not harmful for him
and the physician was wrong in excusing him from fasting. Does he have to pay kaffarah in addition to performing qada?


A: If he had refrained from fasting due to fear for his health on the basis of
an experienced and reliable physician's diagnosis or some other reasonable
basis, he has to only perform qada of the missed
fasting.


16- While going on a trip someone who is fasting breaks his fast before
crossing the allowance border [hadd al-tarakhkhus] with the notion that he is a traveler, without
knowing that he may break his fast before noon only when he has gone beyond the
hadd al-tarakhkhus. What is
the rule concerning his fast? Does he have to perform its qada
or is he liable to something else as well?



A: The rule that applies to him is same as that for one who intentionally
breaks the fast.


The Atonement for fasting and its
amount


1- Is it sufficient to give a needy person the money to buy the one mudd (750 grams) of food instead of giving him the food
itself?



A: If one is sure that the needy person receiving the money will buy the food
on one's behalf and then take it as kaffarah, there
is no problem in it.


2- A person was appointed as a representative [wakil]
to take charge of feeding a group of needy persons. Can he take his wages for
the work and cooking he does from the kaffarah money
he was entrusted with?



A: He can demand the wages for his work and for the cooking. But he cannot
count it as part of the kaffarah or obtain it from
the money that must be given to the needy persons as a kaffarah.


3- A woman could not fast due to pregnancy and the approaching delivery.
She knew that after delivery she must perform qada
for the days she did not fast before the next Ramadan, If she did not fast
after delivery, intentionally or otherwise, for several years, does she have to
pay only the kaffarah for that year or for all the
years she delayed the fasting?


A: The redemption money [fediyah] for delaying the qada, even if it is for several years, is required only
once. It is one mudd (750 grams) of food for each day,
and is required only if the qada was delayed until
another Ramadan without any legitimate excuse. If one had an excuse for the
delay preventing one from performing valid fasts, no redemption money [fediyah] is required.


4- A women could not fast due to illness. Also, she could not perform
their qada until the next Ramadan. Does she or her
husband have to pay the kaffarah?


A: In this case, the redemption money [fediyah], one mudd (750 grams) of food for each day, has to be given by
her, not her husband.


5- A person was liable to perform qada of ten
Ramadan fasting days and he started them on 20th of Sha'ban. Can he break the
fast intentionally before or after the noon? And, if he does, what is the kaffarah for breaking it before or after the noon?


A: It is not permissible for him to break his fast intentionally in this case.
However, if he does break his fast intentionally before noon, he does not have
to pay any kaffarah. But if he breaks it
intentionally in the afternoon, his kaffarah is to
feed ten needy persons. If he cannot afford to do so, he should fast for three
days.


6- A woman was pregnant during two consecutive Ramadans
and could not fast during those two years. Now, that she is able to fast; what
is her duty? Does she only have to perform the qada
for the two months, or does she have to carry out the twofold kaffarah as well? What is the rule concerning her delaying
the fasting?



A: If she did not fast during the month of Ramadan due to a legitimate reason,
then she is only liable for their qada. However, if
she did not fast because she feared it might harm the fetus or the baby, she
has to give the redemption money [fiidyah], one mudd (750 grams) of food for each day, in addition to
making their qada and if she delays the qada beyond the next Ramadan without a legitimate excuse,
then she shall also give its redemption money [fiidyah],
one mudd (750 grams) of food for each day.


7- If someone has to perform qada and give kaffarah for the days that he did not fast, must he observe
their sequence?



A: It is not obligatory.


8- If a sa`im, on the
same day, does repeatedly something which breaks the fast, would this entail
the repeating of kaffarah?



A: This does not necessitate repetition of kaffarah.
However, if he breaks fasting by repeated masturbation or sexual intercourse,
there is an obligatory caution to repeat the kaffarah.


9- In doing qada of the month of Ramadan, what is the
kaffarah of breaking the fast after zawal?



A: Its kaffarah is to feed ten needy persons (1 mudd for each) and if he cannot afford it, he should fast
for 3 days.


10- If a person is to fast for a certain nadhr but he
breaks the fast intentionally, what is the kaffarah?



A: Its kaffarah is equal to that of breaking the fast
of the sawm of Ramadan intentionally.


11- Is it obligatory to hasten to pay the kaffarah or
is the time is open?



A: Hastening is not obligatory unless one is afraid of the passing of time.


12- If a man had sexual intercourse with his wife during the day of Ramadan
while both were sa`ims, what
is the ruling regarding the kaffarah?



A: If she agreed, the kaffarah of
intentionally breaking the fast would rest upon her as well as the husband, in
addition both would submit to ta`zir.


13- One has a kaffarah and he did not pay it until 2
years had lapsed, would it be repeated?


A: It would not be repeated by the passage of time.


14- If a man was not fasting [muftir], for a travel
or a disease, is he allowed to force his wife to have sexual intercourse?



A: He is not allowed to do so and if he did so, he would have to pay the kaffarah on her behalf according to obligatory caution.


15- Is it sufficient to feed one or two needy person(s) with the share of 60?


A: If one is able to feed 60 needy persons, feeding one, two, or more with the
share of 60 would then be invalid.


16- Is it permissible to volunteer to pay the kaffarah
on behalf of the dead?



A: Yes, it is permissible and it would be valid.


Situations in which only qada (not kaffarah) is obligatory


1- Is kaffarah obligatory for a person who had a
nocturnal seminal emission and he slept the second sleep until the fajr time while he was used to waking up before?



A: In the given question only qada is obligatory and
he is not obliged to pay the kaffarah.


2- If a sa`im had invalidated his sawm
by showing the act of, or with the intention of, breaking the sawm (e.g. he intended to neglect the sawm
of that day) and he did not take any thing, or do any practice, that would
break the fast, then is kaffarah obligatory in
addition to the qada?



A: It is sufficient to do qada only.


3- If the sa`im had taken something which would break
the fast before paying attention to the time of fajr
and later it appeared that the fajr had already
arrived and he had the power to pay attention to it, then what is the ruling?



A: In the given question, only qada is obligatory.


4- If a sa`im had eaten
something depending on someone who told him that it was still night while the fajr had already arrived, then would kaffarah
rest upon him in the given question?


A: There is no kaffarah upon him.


5- If a sa`im had broken his sawm
before the time of maghrib due to the darkness which
he suspected to be maghrib although there were no
clouds or other things in the sky, then what is ruling of his sawm?



A: He is obliged to do qada and kaffarah,
as well, unless he had broken the fast because he was certain that the maghrib had arrived, in such a
case only qada would rest upon him.


6- If two people, or one person, just had told the sa`im
that maghrib had arrived because they were certain
about it, and he broke his fast depending on this and it appeared later that maghrib had not arrived yet. What is the ruling of this?



A: There is nothing upon him (neither qada nor kaffarah) in the given question.


7- A mukallaf with whom it rests to perform an
obligatory sawm (like qada
of Ramadan or something else) and he wants to fast a mustahabb
sawm. Is this sawm correct?


A: Sawm al- mustahabb is
not acceptable from those with whom it rests to perform an obligatory [wajib] sawm like the qada of Ramadan, kaffarah, etc.
Then, if he fasts it and then remembered during the day, his sawm would be considered void and if this was before zawal, he could shift to the niyyah
of qada, and his sawm would
be correct.


8- If a mukallaf who is ignorant of the ruling, fasts
during his journey, what is the ruling of his fasting?



A: Sawm during a journey is incorrect.


9- If an elderly man or woman is unable to fast or it is difficult for them,
are they allowed to break the fast?



A: If they were unable to fast, they are allowed to break the fast and nothing
would be upon them, while if the sawm was difficult
for them, then they should pay kaffarah of one mudd for each day.


10- What is the kaffarah for every elderly man and
woman and those with parching thirst?


A: For each day they should pay one mudd of food only
in cases where if the sawm was difficult for them and
not if they were unable to fast.


11- Is one, who was unintentionally unconscious, obliged to do qada of the missed sawm during
the period of unconsciousness?



A: There is no qada upon him for the missed sawm during unconsciousness.


12- Should a person who was originally a non-believer (kafir),
do qada of the missed sawm
during his non-belief?



A: There is no qada upon him after he had converted
to Islam.


13- Is the Sunni obliged to do qada of his previous sawm when he becomes Shiite?


A: If he was observing his sawm according to the
rulings of his previous school of thought, there would no qada
upon him after he had converted, otherwise, the qada
would rest upon him.


14- Is it obligatory to hasten to do qada?



A: It is not obligatory, but it is not permissible to delay it without an
excuse until the next month of Ramadan.


15- If a person, who broke his fast for an excuse, died before the end of the
month of Ramadan, is it obligatory to do qada on his
behalf?



A: In the given question, doing qada on his behalf is
not obligatory.


16- If a person had broken his sawm in the month of
Ramadan due to an excuse and then the excuse continued to the next Ramadan,
what is the ruling?


A: If the excuse was a disease which continued till the next Ramadan, the qada would fall from his debt and he should pay the kaffarah of a mudd for each day.
And if the excuse was not a disease, whether the delaying of doing qada was due to an illness or another excuse, there would
be nothing upon him other than observing qada.


17- What it would be the consequences if one had delayed doing qada till the next month of Ramadan?



A: If the delaying did not have an excuse, he is obliged to pay the kaffarah of one mudd of food for
each day in addition to the qada.


18- Would the kaffarah [fediyah]
be repeated with the repetition of the delay?



A: It would not be repeated.


19- Is it permissible to break the fast before zawal
in the sawm of the qada of
the month of Ramadan?


A: It is permissible if the time is sufficient.


20- Is it obligatory for the oldest son to do qada on
behalf of his dead parents regarding the sawm days
they had missed?



A: He is obliged to do the qada of those days of the qada which was obligatory on his parents.


21- Is it permissible to pay the kaffarah of several
days of Ramadan to one needy person?


A: There is no objection in doing so.


22- We are a great number of those who remained on the taqlid
of Imam Khomeini (q.) and who refer to you in the new issues but we are waiting
for your permission to change to your taqlid
completely. There is another group of those who follow Sayyid
Khu'i and Ayatullah Araki,
and all of us are mujahidin in the army corps of Badr.


When we were under the corrupt and oppressive regime of Iraq, we had missed the
sawm of the month of Ramadan for a period ranging
approximately, from 5 to 15 months due to ignorance and harassment on the side of
the regime especially for those involved in official, namely military, jobs,
and it seems that we have to do qada and pay kaffarah. Some of us had finished their qada
and some others were still doing it but the problem is with paying the kaffarah because we could not pay the kaffarah
of 15 or more months due to our economic conditions and low income. So, is
there a way to escape the payment of kaffarah?



A: For the kaffarah of the intentional breaking of
the sawm of Ramadan, if a person is not able to fulfill
any of the three options (i.e. releasing a slave, doing sawm
of 60 days, or the feeding of 60 needy persons); he can suffice with paying
alms [sadaqah] of any amount he can afford. In case
he cannot pay at all, he should ask Allah for forgiveness.


23- One had attained puberty but he was ignorant of his obligations regarding ghusl al-janabah and its method,
and 10 years had passed before he became aware about the matter of taqlid and the obligation of ghusl.
What would be the consequences related to him regarding the qada
of sawm and salat?



A: He is obliged to do the qada of the salats he prayed in a state of janabah.
The same rule is applied to the sawm if he was aware
of the occurrence of janabah (whether by nocturnal
seminal emission or other practices which entail its occurrence) but he was
ignorant of the obligation of ghusl for the junub for his salat and sawm. It is even more likely that kaffarah
would be obligatory on him if his ignorance was due to negligence. While if he
originally did not know whether janabah had happened
or not and he was not aware that he was junub at the
time of fajr, then neither kaffarah nor qada is obligatory
upon him.


24- If one had made a nadhr to fast a certain day or
to pray a certain salat or he had made an oath of
that, then he broke his oath or nadhr, is he obliged
to do qada of that sawm or salat in addition to the kaffarah?
And is there a difference between an oath and a nadhr
in this regard?



A: In breaking one's nadhr of sawm
or salat, in addition to the kaffarah,
qada is more likely to be obligatory in sawm and a precautionary obligation with respect to salat. It is not remote, as well, in this case, to append
breaking an oath with breaking a nadhr.


25- A mukallaf was ignorant of the obligation of
paying zakat al-fitrah. Is
he obliged to do qada of its payment for the period
in which he was ignorant? And how is the amount to be calculated for each year?



A: It is based on obligatory caution to pay and the standard is the present
price.


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