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Delaying making up fasts until after the next Ramadan due to hardship

Question

Assalamu Alaikum, during the two pregnancies, breast-feeding and brief illness of my small sons in the past decade, I had lost about 70 Ramadan fasts in all. My husband had always paid the fidya each year in time as and when I was unable to fast and it was our understanding at that time that this was sufficient, hence we didn't try to make up for the lost fasts. However, more recently, it has come to our knowledge that it would be best for me to make up these lost fasts and I have already started making up at various days of the month. However, I sense I may not be able to complete all 70 fasts before this coming Ramadan. If this is the case, can I fast as much as possible till Ramadan but put off any remaining fasts until next Ramadan? Am I sinful in doing this? Matters have not been in my control and my husband says I am unnecessarily taxing myself when I am trying to finish all these fasts in the next 6 months. Please advise the best option. I request you to please present me a personal answer to this query of mine instead of directing to various fatwas. Jazak Allahu Khairan and Wasalam

Answer

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

It is permissible for you to delay making up the fasts until after the coming Ramadan due to hardship. Allaah is merciful to His slaves and He does not overburden them with anything they cannot endure. Allaah says (what means): {Allaah does not charge a soul except [with that within] its capacity.} [Quran 2:286]

Therefore, you should hasten to make up what does not consist in hardship for you, and whatever you find difficult to make up now, you may delay it until after Ramadan.

Also, since you were unaware of the obligation of making up the fasts before the beginning of Ramadan, then you are not obliged to pay the compensation (Fidyah) because of the delay in making up the fasting of those years.

Ibn Hajar Al-Makki said in Tuhfatul-Muhtaaj: "Al-Athra‘i said: 'If one delays making up fasts due to forgetfulness or ignorance, then there is no compensation, as understood from the statements of the scholars'; and what he means is ignorance of the prohibition of delaying the fasts, even if one mixes with learned people, because this is a subtle matter." [End of quote]

For more benefit, please refer to Fataawa 116161 and 95501.

Allaah Knows best.

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