Q 1: An old woman broke her fast during the daytime in Ramadan four years prior to her death due to an illness. She had intended to make up for the missed days of fast for this period by giving woolen rugs worth 3000 dirhams to the Masjid (mosque). She has also given out in charity some 4000 dirhams but we do not know her intention toward the Masjid concerning that sum. She passed away in 1993 (may Allah have mercy on her). Is this sum sufficient to compensate for the missed days of fast or must we, i.e. her relatives, do this on her behalf? We need a detailed answer.

A: If this woman broke her fast due to an illness that continued until she passed away or recovered but could not make up the missed days of fasting due to a Shar`y (Islamically lawful) excuse, then there is nothing due upon her or upon her heirs, whether making up for the missed days of fast or giving out food. This is because fast was not obligatory on her. Therefore, she is absolved of any fast or compensation.However, if she recovered from her illness and was able to make up the missed days of fast but was negligent in this regard until she passed away without making them up, then her relatives are to make up for the number of missed fasting days on her behalf. This is based on an authenticated report narrated by `Aishah (may Allah be pleased her) who said that the Messenger of Allah (peace be upon him) said: If anyone dies in a state (that he had to complete) some missed days of fasting, his heir must fast on his behalf. The term "heir" in the Hadith means a relative. If none of her relatives makes up for her missed fast days on her behalf, then they are to feed a Miskin (needy person) half a Sa` (1 Sa`= 2.172 kg) of the staple food of the country for each missed day of fast. This is to be paid from her estate. (Part No. 9; Page No. 286) The fact that this woman gave money in Sadaqah (voluntary charity) during her lifetime, or her intention to compensate her missed days of fasting by giving woolen rugs to the Masjid neither fulfills her obligation to make up for the missed days of fast nor equals the Kaffarah (expiation) of feeding the poor, which becomes obligatory in this case if none of her heirs volunteers to make up for them on her behalf.