The Fiqh of Fasting: 6.3 Qada’ and Kaffarah – Things which Necessitate a Make Up Fast or Fast of Expiation

Bismillahir Rahmanir Rahim
In the name of Allah, the Most Beneficent, the Most Merciful

Title

6.3 Qada’ and Kaffarah – Things which Necessitate a Make Up Fast or Fast of Expiation

If someone, during the fast of Ramadhan:

· has sexual intercourse, or is a willing partner in it;

· or drinks or eats food or takes medicine intentionally

his fast will be spoiled and he will have to redo the fast to make up for the spoiled one, qada’, and observe a fast of expiation, kaffarah, as atonement of his sin.

The fast of expiation is a day after fast [without break] for a period of two months, during which Ramadhan, the two ‘Id days, or the period of Tashriq [11^th, 12^th and 13^th of Dhul al-Hijjah] do not occur. If, at any given time during this period, a fast should be missed with or without an excuse, except in case of menstruation or post-childbirth bleeding, then the whole two months of fasting will have to be observed all over again from the beginning. If a person is not fit to observe a fast of expiation, kaffarah, one will have to feed sixty poor people instead, where each person receives a portion equal to that value given as sadaqah al-fitr [or to one poor person for sixty days].

According to Imams Shafi’i and Ahmad, there can be no fast of expiation, kaffarah, except as a consequence of sexual intercourse.

There is a general agreement that there is no fast of expiation for the deliberate spoiling of a make up fast, fast of expiation, or vow.

If, during Ramadhan, two or more fasts are spoiled in such a way as to necessitate a fast of expiation, kaffarah, then, if after spoiling the first fast, kaffarah is given immediately [in food or money to feed sixty poor people or one poor person for sixty days instead of fasting two months], a separate kaffarah will have to be given for the second spoiled fast; and so on and so forth with the third and fourth. But if the fast of expiation, kaffarah, is withheld after the first fast is spoiled until the end of the month, then one complete fast of expiation, kaffarah, will suffice for all fasts spoiled during the month.

According to Imams Malik and Shafi’i, a number of spoiled fasts require and equal number of expiation. There is general agreement, however, on the need for observing two separate fasts of expiations, kaffarahs, for two fasts spoiled in two different Ramadhan, even though the fast of expiation for the first remains undischarged when the second is spoiled.

6.3.1 Cases where the fast of expiation is not necessary

In each of the following cases the fast will break and make up fast will have to be made, but no fast of expiation is necessary if:

· by mistake, someone breaks their fast;

· or is forced to break it against there will [with food or sexual intercourse; for example]; or

· puts drops of medicine into the eyes, ears, wound of stomach or head, which then penetrate to the inside of the body, brain, or stomach; or

· if pebbles, iron, or something else other than food or medicine should go down the throat; or

· if one intentionally vomits a mouthful; or

· if one eats, thinking it is still night time, and then finds out in reality it had already dawned; or

· if one eats, thinking that the sun had set, hen in reality it had not; or

· if one should eat out of forgetfulness and then, thinking one’s fast to be spoiled anyway, eats intentionally; or

· if sexual intercourse was done, with a sleeping woman, or while she was temporarily insane or while otherwise unconscious.

The Prophet sal Allahu alayhi wa'sallam said:
"The Muslim is a unique Ummah among the whole of mankind:
Their Land is ONE, their War is ONE, their Peace is ONE,
Their Honour is ONE and their Trust is ONE."
[Ahmad]