Fatwa ID: 01746
Answered by Mufti Mohammed Tosir Miah
Question:
I have been unwell and have to take medication; therefore, I will miss some rozas. I am not working and have no savings of my own. Only my husband is working and has savings, so he will be paying for my missed rozas.
He has said that Islam says I should pay the money back to him if I should earn money or receive money because I am suppose to pay from my own pocket but as I only receive money from him to do the shopping and have no other access to money, I am unable to do so.
Should I in the future gain money, will I have to pay him back for the cost of my missed roza?
Answer:
If a person has a serious illness he falls under the category of a sick person. The Shariah permits such a person not to fast at this moment in time however; he will need to do qadha of the fast afterwards. He will not be allowed to give fidayh. (Ahsanul Fatawa p.432 v.4)
However, if a person is terminally ill such as cancer and there is no hope of ever getting better then such a person will give fidyah. (Ahsanul Fatawa p.432 v.4)
It should be borne in mind that the fidyah is in exchange for the fast the terminally ill person cannot keep. Therefore before the month of Ramadhan one will not be permitted to give the fidyah. As soon as the month of Ramadhan begins one will be allowed to give fidyah everyday for each fast or for the whole month if he wishes at once. (Ahsanul Fatawa p.436 v.4)
Regarding your question, in the Hanafi Fiqh it is said that every male and female are responsible individually themselves for their Zakat, Sadqatul Fitr and Qurbani. (See Fatawa Darul Uloom Deoband p.120 v.6) The same ruling also applies for fidyah. Hence, if your husband pays the fidyah on your behalf and he demands for the money to be repaid back to him, then it will be necessary for you to give it to him.
Remember this ruling will only be so if your husband is asking for the money. If he isn’t and you have given him either explicit or implicit consent to pay the fidyah, then that will be permissible. (See Fatawa Darul Uloom Deoband p.121 v.6)
Only Allah Knows Best
Mohammed Tosir Miah
Darul Ifta Birmingham
