505 - Issue: He said: (If it was possible for her to make up the fast, but she did not do so until she died, then a poor person should be fed on her behalf for every day.)
The general principle regarding this is that whoever dies while owing fasts from Ramadan falls into one of two states. The first is that he dies before the possibility of fasting, whether due to a lack of time, an excuse such as sickness or travel, or an inability to fast; in this case, there is nothing due from him according to the statement of the majority of scholars. It has been narrated from Tawus and Qatadah that they both said: Feeding [a poor person] is required on his behalf, because it is an obligatory fast that lapsed due to inability, so feeding became mandatory on his behalf, like the very elderly person when he abandons fasting due to his inability. Our argument is that it is a right of Allah, the Exalted, which became mandatory by the Sharia, and he who was obligated to perform it died before the possibility of doing so, so it lapsed without a substitute, like Hajj. He differs from the very elderly person, for in the latter case the initial obligation is permissible [to be replaced by feeding], unlike the deceased.
The second state is that he dies after the possibility of making up the fast has elapsed; the requirement is that a poor person be fed on his behalf for every day. This is the opinion of the majority of scholars. This is narrated from 'A'ishah and Ibn 'Abbas. It is also the opinion of Malik, al-Layth, al-Awza'i, al-Thawri (1), al-Shafi'i, [al-Hasan ibn Hayy] (2), Ibn 'Ulayyah, and Abu 'Ubayd, based on authentic narrations from them. Abu Thawr said: It is to be fasted on his behalf. This is [also] the opinion of al-Shafi'i, due to what 'A'ishah narrated, that the Prophet, peace and blessings of Allah be upon him, said: "Whoever dies while owing fasts, his guardian shall fast on his behalf." Agreed upon (3). [And Ibn 'Abbas narrated from him] (4) the like of it. Our argument is what Ibn Majah narrated (5), from Ibn 'Umar, that the Prophet, peace and blessings of Allah be upon him,
(1) Omitted from the original. (2) In M: "al-Khazdaji", a corruption. (3) Recorded by al-Bukhari, in: The Chapter of Whoever Dies While Owing Fasts, from the Book of Fasting. Sahih al-Bukhari 3/46. And Muslim, in: The Chapter of Making Up Fasts on Behalf of the Deceased, from the Book of Fasting. Sahih Muslim 2/803. It was also recorded by Abu Dawud, in: The Chapter of Whoever Dies While Owing Fasts, from the Book of Fasting. Sunan Abi Dawud 1/559. And Imam Ahmad, in: al-Musnad 6/69. (4) In A, B, and M: "and it was narrated from Ibn 'Abbas". The hadith of Ibn 'Abbas was recorded by al-Bukhari in the aforementioned location, and Muslim, in the aforementioned chapter. Sahih Muslim 2/804. (5) In: The Chapter of Whoever Dies While Owing Fasts of Ramadan and Has Been Negligent Regarding It, from the Book of Fasting. Sunan Ibn Majah 1/558.
