the month before his Islam, it is not mandatory. This is the opinion of Al-Sha'bi, Qatada, Malik, Al-Awza'i, Al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y). 'Ata' said: He is required to make it up. Regarding Al-Hasan, there are two narrations similar to the positions in the school of thought. Our evidence is that what has passed was an act of worship that took place during the state of his disbelief, so he is not required to make it up, just like the previous Ramadan.

Section: As for the day in which he embraced Islam, it is mandatory upon him to refrain [from food] and to make it up. This is the explicit statement from Ahmad. Ibn al-Majishun and Ishaq also held this view. Malik, Abu Thawr, and Ibn al-Mundhir said: There is no makeup upon him, because he did not witness during the time of the act of worship that which would allow him to engage in it, so it is similar to if he had embraced Islam after the day had passed. This has also been narrated from Ahmad. Our evidence is that he witnessed a portion of the time of the act of worship, so it becomes mandatory upon him, just as if he had witnessed a portion of the time of the prayer.

Section: As for the insane person, if he regains his sanity during the month, he is required to fast the remainder of the days, without disagreement. Regarding the makeup of the day in which he regained his sanity and refraining [from food] during it, there are two narrations. He is not required to make up what has passed. This is the opinion of Abu Thawr and Al-Shafi'i in the 'New' (al-jadid) school. Malik said: He must make it up, even if years have passed. From Ahmad, there is a similar report, and it is the opinion of Al-Shafi'i in the 'Old' (al-qadim) school; because it is a condition that removes the intellect, so it does not prevent the obligation of fasting, like fainting. Abu Hanifa said: If he was insane for the entire month, there is no makeup upon him, and if he regained his sanity during it, he makes up what has passed; because insanity does not contradict fasting, as evidenced by the fact that if one becomes insane during the fast, it does not become invalidated. So if it is found in part of the month, the makeup becomes obligatory, like fainting. Our evidence is that it is a condition that removes legal accountability, so the makeup is not mandatory during its time, just like childhood and disbelief. We distinguish for Abu Hanifa that it is a condition which, if found during the entire month, causes the requirement of makeup to drop, so if it is found in part of it, it causes it to drop, just like childhood and disbelief.