Fatwa ID: 06535
Answered by: Alimah Zakiratul Hoque
Question:
A woman made a vow about three years ago before she got married; she vowed to Allah, may He be exalted, that she would fast the first nine days of the month of Dhul-Hijjah every year. She was not aware that making vows is makrooh (disliked) and she does not remember whether she made an exception, saying that she would stop after she got married, or would refer the matter to her husband, or not.
But now she has got married and her husband does not let her fast, because it is a nafl (supererogatory) fast and it is not permissible for her to observe this fast without his approval. Moreover, she is not able to fast for health reasons. She is asking whether she is obliged to continue with this vow to fast in the face of her husband’s opposition and her poor health, or does she have to offer expiation for breaking an oath (kaffaarat yameen) and rid herself of this obligation, or does she have to make it up later on at some other time, not fasting the days consecutively, or what should she do?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
A specified Nazr fast is a Waajib fast, not a Nafl fast (Fatawa Tatarkhania, Vol 3, Pg 350)
Abu Huraira (RA) narrated: Allah’s Messenger ﷺ said, “It is not lawful for a lady to fast (Nawafil) without the permission of her husband when he is at home, and she should not allow anyone to enter his house except with his permission; and if she spends of his wealth (on charitable purposes) without being ordered by him, he will get half of the reward.”
A woman would need to ask for permission to fast Nafl fasts (or Wajib fasts that can be delayed). She does not need permission for Ramadhaan fasts or specified Waajib fasts (Fath Al Bari, Vol 9, Pg 207). This is a specified Wajib fast. Therefore, she can fast it without his permission.
If she does not fast, she will need to make Qadha (Raddul Mukhtar, Vol 3, Pg 421). Qadha will not need to be made consecutively.
In summary, she should fast according to her vow. If she is unable to, she will need to make Qadha of it later when she is able.
الصوم ضربان : واجب و نفل ، فالواجب ضربان : ما يتعلق بزمان بعينه كصوم شهر رمضان و نذر المعين ، و الضرب الثاني : ما يثبت في الذمة كقضاء رمضان و صوم الكفارة ، اعلم أن صوم شهر رمضان و النذر المعين فريضة
عَنْ أَبِي هُرَيْرَةَ، رضى الله عنه أَنَّ رَسُولَ اللَّهِ صلى الله عليه وسلم قَالَ “ لاَ يَحِلُّ لِلْمَرْأَةِ أَنْ تَصُومَ وَزَوْجُهَا شَاهِدٌ إِلاَّ بِإِذْنِهِ، وَلاَ تَأْذَنَ فِي بَيْتِهِ إِلاَّ بِإِذْنِهِ، وَمَا أَنْفَقَتْ مِنْ نَفَقَةٍ عَنْ غَيْرِ أَمْرِهِ فَإِنَّهُ يُؤَدَّى إِلَيْهِ شَطْرُهُ
يعني في غير صيام أيام رمضان ، و كذا في غير رمضان من الواجب إذا تضيق الوقت
لو أفطر يجب قضاء للنذر “
Only Allah knows best.
Written by Alimah Zakiratul Hoque
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
