Assalamualaikum, I am a born Muslim but just recently i started taking religion seriously, but i am afraid that i have more than 540 fasting pending which i will have to take and in between i had 3 pregnancy and for those i just did give fidya. Please advice whether i need to take the whole 540 of them?
All praise be to Allah, and may His blessings and peace be on the final messenger, Muhammad,
Allah said:
“وَعَلَى الَّذِينَ يُطِيقُونَهُ فِدْيَةٌ طَعَامُ مِسْكِينٍ فَمَن تَطَوَّعَ خَيْرًا فَهُوَ خَيْرٌ لَّهُ وَأَن تَصُومُوا خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ .”
“And upon those who are able [to fast, but with hardship] – a ransom [as substitute] of feeding a poor person [each day].”
Ibn ‘Abbas said in reference to this verse,
” كَانَتْ رُخْصَةً لِلشَّيْخِ الْكَبِيرِ وَالْمَرْأَةِ الْكَبِيرَةِ وَهُمَا يُطِيقَانِ الصِّيَامَ أَنْ يُفْطِرَا وَيُطْعِمَا مَكَانَ كُلِّ يَوْمٍ مِسْكِينًا وَالْحُبْلَى وَالْمُرْضِعُ إِذَا خَافَتَا قَالَ أَبُو دَاوُد يَعْنِي عَلَى أَوْلادِهِمَا أَفْطَرَتَا وَأَطْعَمَتَا.”
“This was meant to be a concession for old men and women, who fast with difficulty, to break their fast and feed in the stead one poor person per day. The same applied to the pregnant and nursing women if they feared [Abu Dawood: for their children,] they may break their fast and feed instead.”
This position of Ibn ‘Abbas is a minority position. According to the four schools of fiqh, you need to make up for the missed days during pregnancy and/or breastfeeding. Ibn ‘Abbas’s position is strong. However, if you want to stay on the side of caution, you may then need to make up for all the days you missed. If you feel it will be hard on you to make up all the days, then you may act upon the position of Ibn ‘Abbas and subtract the days during which you were pregnant or breastfeeding.
Here is a more detailed discussion of this position.
This is not the authorized view (al-mu’tamad) in any of the four madhâhib. However, it is attributed authentically by ad-Daraquṭni, al-Bazzar, and others to two companions Ibn ‘Abbâs and Ibn ‘Umar (may Allah be pleased with them). It is noteworthy to say here that Ibn ‘Abbâs’s understanding of the verse 2:184 “And upon those who are able [to fast, but with hardship] – a ransom of feeding a poor person,” and that it applies to old people that made all scholars demand the fidya (expiation) only from old people. He said in the same reports that it also applied to pregnant and nursing women. There are no traceable hadeeths to indicate otherwise.
Additionally, this was not only the position of those two great companions, it was also the position of al-Qâsim ibn Muhammad, Sa’eed ibn Jubair and others of the Tabi’een (Al-Istidhkâr by Ibn Abdul-Barr, Beirut: Dâr al-Kutub al-‘Ilmiyah, 3/365) and it was the position of Ishâq (rahimahullah) of the fuqahâ’. (Al-Istidhkâr by Ibn Abdul-Barr, Beirut: Dâr al-Kutub al-‘Ilmiyah, 3/365). It was also understood by some to be a report from Malik (rahimahullah), in al-Mudawwanah, through Ibn Wahb. Note: Ibn Hazm (rahimahullah) does not require make up or expiation.
Of the contemporary scholars who supported this position, here are some:
Dâr al-Iftâ’ al-Misriyyah issued by the late Sheikh ‘Atiya Saqr (rahimahullah) (where he mentions this position among others and doesn’t favor anyone).
The Fatwa Committee of Majma’ al-Buhooth al-Islamiyyah allowed those who find it difficult to make up the fast to take the position of Ibn Abbas and Ibn Umar.
This was also the position of Sh. Al-Albâni (rahimahullah) and Sh. Sayed Sâbiq (rahimahullah) in Fiqh-ul-Sunnah.
You may also refer to this fatwa of Sh. Al-Qaradâwi (hafizahullah).
N.B: Positions outside the four madhahib can only be accepted with stringent criteria. The position must be needed to relieve some ḥaraj (hardship), upheld by a mujtahid, substantiated by some proof(s), and sanctioned by collective ijtihad or widespread acceptance. You may refer to this article “Can there be truth outside the four madhâhib?” for a detailed discussion.
وصلى الله على محمد