The Vow to Fast, and Fasting on behalf of the Dead

42 Yahya related to me from Malik that he had heard that Sa'id ibn al-Musayyab was asked whether a man who had vowed to fast a month could fast voluntarily, and Sa'id said, " He should fulfil his vow before he does any voluntary fasting."

Malik said, " I have heard the same thing from Sulayman ibn Yasar."

Malik said, " If someone dies with an unfulfilled vow to free a slave or to fast or to give sadaqa or to give away a camel, and makes a bequest that his vow should be fulfilled from his estate, then the sadaqa or the gift of the camel is taken from one third of his estate. Preference is given to it over other bequests, except things of a similar nature, because by his vow it has become incumbent on him, and this is not the case with something he donates voluntarily. They (vows and voluntary donations) are settled from one-third of his estate, and not from the whole of it, since if the dying man were free to dispose of all of his estate, he might delay settling what had become incumbent on him (i.e. his vows), so that when death came and the estate passed into the hands of his heirs, he would have bequeathed such things (i.e. his vows) that were not claimed by anyone (like debts). If that (i.e. to dispose freely of his property) were allowed him, he would delay these things (i.e. his vows) until when he was near death, he would designate them and they might take up all of his estate. He must not do that."

43 Yahya related to me from Malik that he had heard that 'Abdullah ibn 'Umar used to be asked, " Can someone fast for someone else, or do the prayer for someone else? " and he would reply, " No one can fast or do the prayer for anyone else."

18.17 Making up Days Missed in Ramadan, and the Kaffara

44 Yahya related to me from Malik from Zayd ibn Aslam from his brother Khalid ibn Aslam that 'Umar ibn al-Khattab once broke the fast on a cloudy day thinking that evening had come and the sun had set. Then a man came to him and said, " Amir al-Muminin, the sun has come out, " and 'Umar said, " That's an easy matter. It was our deduction (ijtihad)."

Malik commented, " According to what we think, Allah knows best, what he was referring to when he said, 'That's an easy matter' was making up the fast, and how slight the effort involved was and how easy it was. He was saying (in effect), 'We will fast another day in its place.' "

45 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to say, " Someone who breaks the fast in Ramadan because he is ill or travelling should make up the days he has missed consecutively."

46 Yahya related to me from Malik from Ibn Shihab that 'Abdullah ibn 'Abbas and Abu Hurayra differed about making up days missed in Ramadan. One of them said that they were done separately and the other said that they were done consecutively. He did not know which one of them it was who said that they were done separately.

47 Yahya related to me from Malik from Nafi' that 'Abdullah ibn 'Umar used to say, " If someone makes himself vomit while he is fasting he has to make up a day, but if he cannot help vomiting he does not have to make up anything."

48 Yahya related to me from Malik from Yahya ibn Sa'id that he heard Sa'id ibn al-Musayyab being asked about making up days missed in Ramadan, and Sa'id said, " What I like best is for days missed in Ramadan to be made up consecutively, and not separately."

Yahya said that he had heard Malik say, about someone who made up the days he had missed in Ramadan separately that he did not have to repeat them. (What he had done) was enough for him. It was, however, preferable to do them consecutively.

Malik said, " Whoever eats or drinks thoughtlessly or forgetfully in Ramadan, or during any other obligatory fast that he must do, has to fast another day in its place."

49 Yahya related to me from Malik that Humayd ibn Qays al-Makki told him, " I was with Mujahid while he was performing tawaf around the Ka'ba, and a man came to him and asked whether the days (of fasting) for kaffara (making amends) had to be fasted consecutively, or whether they could be split up. I said to him, 'Yes, they can be split up, if the person so wishes.' Mujahid said, 'He should not split them up, because in Ubayy ibn Ka'b's recitation they are referred to as three consecutive days."

Malik said, " What I like most is what Allah has specified in the Qur'an, that is that they are fasted consecutively."

Malik was asked about a woman who began the day fasting in Ramadan and though it was outside of the time of her period, fresh blood (i.e. not menstrual blood) flowed from her. She then waited until evening to see the same, but did not see anything. Then, on the next day in the morning she had another flow, though less than the first. Then, some days before her period, the flow stopped completely. Malik was asked what she should do about her fasting and prayer, and he said, " This blood is like menstrual blood. When she sees it she should break her fast, and then make up the days she has missed. Then, when the blood has completely stopped, she should have a ghusl and fast."

Malik was asked whether someone who became Muslim on the last day of Ramadan had to make up all of Ramadan or whether he just had to make up the day when he became Muslim, and he said, " He does not have to make up any of the days that have passed. He begins fasting from that day onwards. What I like most is that he makes up the day on which he became Muslim."

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