Praise be to Allaah.
If a person delays making
up missed Ramadaan fasts until the next Ramadaan begins, then if that was
for a reason such as sickness, pregnancy or breastfeeding and the like, then
he or she does not have to do anything except make up the missed days. But
if there was no excuse, then he or she has sinned and must make up the
missed days, but does he or she have to pay a fidyah or not? There is a
difference of opinion among the scholars. The majority are of the view that
the fidyah must be paid, and it is feeding one poor person for every day. In
the answer to question no. 26865 we stated that the more correct view is
that the fidyah is not obligatory, but the one who pays it in order to be on
the safe side has done well.
This fidyah – according to
those who say that it is required – becomes obligatory upon that person as
soon as the next Ramadaan begins, and he may offer it at that time, or delay
it until he makes up those fasts, but it is better to hasten to do it so as
to fulfil his obligation.
It says in al-Mawsoo’ah
al-Fiqhiyyah (28/76): Making up missed Ramadaan fasts may be done at any
time but the majority of scholars limited it to a specific time frame within
which they must be made up, which is before the next Ramadaan begins,
because of the words of ‘Aa’ishah (may Allaah be pleased with her): “I would
owe missed Ramadaan fasts but I would not be able to make them up except in
Sha’baan, because of my duties towards the Prophet (peace and blessings
of Allaah be upon him).” This is similar to prayer, which should not be
delayed until the time for the next prayer comes.
According to the majority
of scholars, it is not permissible to delay making up missed Ramadaan fasts
until the next Ramadaan comes without an excuse, and that doing so incurs
sin, because of this hadeeth of ‘Aa’ishah. If a person delays that then he
must offer the fidyah: feeding one poor person for each day, because of the
report narrated from Ibn ‘Abbaas, Ibn ‘Umar and Abu Hurayrah (may Allaah be
pleased with them) who said concerning the one who has to make up a missed
fast but does not do so until the next Ramadaan comes: “He must make it up
and feed one poor person for each day.” This fidyah is for delaying it. It
is permissible to offer the food before making up the fast, at the same
time, or afterwards. End quote.
Al-Mardaawi al-Hanbali (may
Allaah have mercy on him) said:
He should offer food that
is acceptable for expiation. It is permissible to give the food before
making up the fast, at the same time, or afterwards. al-Majd – meaning Ibn
Taymiyah, the grandfather of Shaykh al-Islam Ibn Taymiyah – said that the
best is to give it beforehand, in his view, so as to hasten to do good and
to rid oneself of the problem of postponing. End quote from al-Insaaf
And Allaah knows best.