Kitab al-Sawm: Pregnancy, Nursing, Permanent Inability and Fidya

1. Scope and distinctions

Three situations are treated in sequence: a temporary pregnancy or nursing-related excuse; permanent inability in old age; and a bequest concerning Ramadan make-up fasts outstanding at death. Each involves a fast not performed, but the legal outcome is not identical.

The first normally entails make-up after the excuse ends; the second substitutes feeding where inability is genuinely lasting; the third deals with giving effect to an authorized bequest from the estate. Identify the cause before selecting its ruling.

2. Original text: pregnancy and nursing

وَالْحَامِلُ وَالْمُرْضِعُ إِذَا خَافَتَا عَلَى وَلَدَيْهِمَا: أَفْطَرَتَا وَقَضَتَا، وَلَا فِدْيَةَ عَلَيْهِمَا.
Translation: If a pregnant woman and a nursing woman fear harm to their children, they may omit the fast and make it up later; no fidyah is due from them.

The phrase “ʿalā waladayhimā” explicitly identifies fear for their children. Where the stated concern warrants omitting fasting, the missed fasts are made up later and no additional fidyah is due under this Hanafi ruling.

This is postponement of performance, not replacement by a financial payment. Pregnancy or nursing in itself should not be treated as a universal authorization to miss every fast; the relevant harm must be credible.

3. Reading the legal terms

“Al-ḥāmil” means the pregnant woman; “al-murḍiʿ” is the nursing woman. “Khāfatā” is a dual feminine verb: the two women fear harm. “Walaydayhimā” refers to their children.

The same dual feminine ending appears in “afṭaratā wa-qaḍatā”—both may omit the fast and both perform later make-up. Grammatical agreement keeps the legal subjects clear.

4. Assessing fear for the child

The concession applies when concern for the child is credible, such as from a competent clinical assessment, relevant experience or evident signs. It is not equated with every unsubstantiated worry or ordinary inconvenience.

A particular pregnancy or infant-feeding situation requires individual evaluation. A qualified clinician can assess medical risk, while a qualified scholar can apply the legal ruling to that risk.

5. The self-harm case in Hanafi explanation

Quduri’s quoted wording refers explicitly to fear for the child. Later Hanafi commentaries and fatwas also discuss credible risk to the woman’s own health or life as a ground for omitting a fast with later make-up.

This supplementary self-risk case should not be presented as a verbatim quotation from Quduri’s stated clause. Under the Hanafi ruling, temporary pregnancy/nursing-related omission entails make-up rather than additional fidyah.

6. The two distinct verbs

“Afṭaratā” indicates using the present concession not to fast or to break a fast; “qaḍatā” indicates replacing missed fasts with fasting on later days. These are sequential legal consequences, not two competing options.

If three days are lawfully missed for a credible temporary risk, the resulting obligation is three make-up fasts when able—not six, and not substitution of a cash payment for those fasts.

7. What no fidyah means here

“No fidyah upon them” means that no additional feeding payment accompanies their make-up fasts in this stated Hanafi case. It does not abolish fidyah in other cases discussed later in the text.

The schools of law differ in some pregnancy/nursing scenarios, especially when concern is only for a child. This course follows Quduri’s Hanafi text while distinguishing other views from the source rule.

8. Returning to make-up fasts

When the excuse ends and fasting is possible, the missed fasts are made up. Count the actual days omitted, without doubling them or substituting a feeding payment.

Pregnancy, nursing or related care can delay when make-up is feasible. But temporary inability is not treated as permanent inability: payment by itself does not extinguish fasting that can later be performed.

9. Illustration: temporary excuse

A nursing woman misses five days because of a medically credible risk to her infant. Later, the risk passes and she is able to fast. Under the described Hanafi ruling, she makes up the five days without an additional fidyah payment.

The example illustrates the two stated consequences. It does not itself decide whether a particular nursing situation presents enough risk to use the concession.

10. Original text: permanent old-age inability

وَالشَّيْخُ الْفَانِي الَّذِي لَا يَقْدِرُ عَلَى الصِّيَامِ: يُفْطِرُ، وَيُطْعِمُ لِكُلِّ يَوْمٍ مِسْكِينًا، كَمَا يُطْعِمُ فِي الْكَفَّارَاتِ.
Translation: A very elderly person who cannot fast may omit fasting and must feed a poor person for every day, as feeding is done for expiations.

“Al-shaykh al-fānī” refers to a very elderly person who is unable to fast, where the inability is lasting rather than temporary. The limiting phrase is “lā yaqdiru ʿalā al-ṣiyām”—cannot perform the fast.

For such a person, Quduri prescribes feeding one poor person per day on the same measure used in expiatory feeding. This is a different rule from postponement followed by make-up during pregnancy or nursing.

11. Meaning of shaykh fānī

“Shaykh” means an elderly person; “fānī” describes severe decline of capacity. The legal label is not attached to everyone past a particular birthday; it concerns the degree and persistence of inability to fast.

Quduri does not set a numerical age threshold here. A person who remains able to fast is not classified as permanently incapable simply because of advanced age.

12. Lasting versus temporary inability

Temporary inability leaves a reasonable prospect of later fasting and ordinarily leads to make-up. Lasting inability means there is no reasonable prospect of regaining the capacity to fast; this is the context of the elderly person’s fidyah.

Hanafi discussions also apply the lasting-inability principle to certain chronic illnesses. A long illness is not automatically permanent: the prognosis must be assessed carefully.

13. One needy person for each day

The phrase “li-kulli yawmin miskīnan” assigns a poor person’s food allowance to each missed day. It does not make one day’s allowance sufficient for a whole month.

If a person with lasting inability misses four days, four daily fidyah allowances are due. Each daily amount is measured by the legal feeding standard referenced in the text.

14. Meaning of “as in expiations”

“As one feeds in expiations” refers here to the *feeding measure and method*. It does not allege that the elderly person sinned or owes a punitive expiation.

The quantities used for comparable feeding are explained elsewhere in Hanafi law. Their modern weight equivalents require an identified legal and local standard; this level does not claim one universally fixed kilogram conversion.

15. The ṣāʿ and half-ṣāʿ

A ṣāʿ is a classical measure and a half-ṣāʿ is half of it. The distinctions between wheat and other named foodstuffs are developed in the following bequest clause.

Conversion into modern kilograms, as well as cash equivalents in particular communities, depends on a qualified juristic standard. No unsupported fixed market rate or universal kilogram amount is asserted here.

16. If fasting capacity later returns

Fidyah substitutes for fasting where inability is regarded as permanent. If capability unexpectedly returns, the standard Hanafi elaboration requires make-up of the missed fasts; the earlier feeding does not remain a permanent replacement for fasts now performable.

This return-of-ability rule is explanatory Hanafi jurisprudence, not an additional verbatim line from Quduri’s quoted sentence. Actual capacity should be assessed case by case.

17. Example: a lasting inability

An elderly person cannot fast and has no reasonable prospect of regaining the capacity, based on a credible assessment. Seven days are missed. On the stated rule, seven daily fidyah allowances are due, using the appropriate food measure.

The critical condition is the lasting inability. If ability actually returns later, the additional Hanafi rule about making up fasts becomes relevant.

18. Original text: bequest for missed fasts

وَمَنْ مَاتَ وَعَلَيْهِ قَضَاءُ رَمَضَانَ، فَأَوْصَى بِهِ: أَطْعَمَ عَنْهُ وَلِيُّهُ لِكُلِّ يَوْمٍ مِسْكِينًا، نِصْفَ صَاعٍ مِنْ بُرٍّ، أَوْ صَاعًا مِنْ تَمْرٍ، أَوْ صَاعًا مِنْ زَبِيبٍ، أَوْ صَاعًا مِنْ شَعِيرٍ.
Translation: If someone dies owing Ramadan make-up fasts and bequeaths provision for them, the responsible representative feeds a poor person per day: a half-ṣāʿ of wheat, or a ṣāʿ of dates, or a ṣāʿ of raisins, or a ṣāʿ of barley.

This concerns someone who dies while owing Ramadan make-up fasts and who made a bequest for the obligation to be met by feeding. The responsible representative then arranges the prescribed food payments on the deceased’s behalf.

The scanned text differentiates wheat, dates, raisins and barley. This is not a general option for a living person who can fast to replace make-up with money.

19. An outstanding make-up obligation

“Wa-ʿalayhi qaḍāʾ Ramaḍān” identifies an existing outstanding make-up obligation. The previous level distinguished death while an excuse continued from death after an opportunity for make-up; the extent of outstanding liability can depend on that difference.

Do not assume that every death automatically generates a fidyah for an entire Ramadan. Establish what days were genuinely owed before applying the bequest rule.

20. Why a bequest matters

“Fa-awṣā bihi” means the deceased made a bequest concerning the remaining fasting obligation. Hanafi elaboration gives the bequest a particular role in authorizing the feeding arrangement from the estate.

Without such a bequest, heirs are not automatically personally liable to pay it from their own resources. Voluntary arrangements by heirs have their own juristic details and should not be confused with a binding will.

21. Who is the walī here?

“Walīyuhu” denotes the appropriate representative responsible for giving effect to the bequest and administering the relevant estate provision. That person arranges feeding according to the number of outstanding days.

Quduri says “aṭʿama ʿanhu”—feeds on the deceased’s behalf. The clause does not instruct this person personally to perform the dead person’s missed fasts.

22. Bequests and the one-third limit

Hanafi commentators apply the familiar one-third-of-estate limit to this type of bequest after the relevant prior estate obligations are dealt with. Any excess cannot automatically be imposed without the legally effective consent of competent heirs.

This limit is derived from Hanafi bequest rules rather than stated in Quduri’s quoted line. Actual estate administration must address funeral costs, debts, bequests and inheritance in their proper order.

23. The four stated food types

The checked printed witness expressly lists four foodstuffs: wheat—half a ṣāʿ; dates—one ṣāʿ; raisins—one ṣāʿ; and barley—one ṣāʿ. These are per outstanding day.

Some searchable transcriptions omit the raisins option, but the inspected printed source includes “aw ṣāʿan min zabīb.” It has therefore been retained rather than silently dropped.

24. Worked example: three outstanding days

Assume three validly outstanding make-up fasts and an effective bequest. Using wheat, three daily half-ṣāʿ allowances yield one and a half ṣāʿ of wheat in total.

Using any named one-ṣāʿ-per-day foodstuff yields three ṣāʿ in total. This is only the arithmetic of the food measure; validity of the bequest and available estate assets remain separate legal questions.

25. Make-up fasting versus fidyah

Qaḍāʾ is fasting later in place of a missed day. Fidyah is provision of a prescribed food allowance under particular conditions. Pregnancy/nursing-related temporary omission leads to make-up; lasting old-age inability leads to fidyah; a deceased person’s qualifying bequest leads to estate-funded feeding.

These are not interchangeable routes. A living person capable of fasting does not normally extinguish a make-up duty simply by donating food or money.

26. Compare the three scenarios

Pregnant or nursing person with credible temporary risk: a concession now, make-up later, no additional fidyah under the stated Hanafi rule.

Very elderly person with lasting inability: fasting may be omitted, with a prescribed daily food allowance.

Person dies owing make-up fasts after making an effective bequest: establish the outstanding days, then arrange feeding in accordance with bequest and estate rules. The diagnosis of the case comes before its legal outcome.

27. Common misreadings

Four errors to avoid: (1) Assuming every pregnancy or nursing period automatically justifies omitted fasts; assess credible harm. (2) Replacing make-up with fidyah when the excuse is temporary; make-up remains. (3) Treating everyone elderly as permanently incapable; capacity matters. (4) Assuming heirs must personally fast after a death; Quduri addresses feeding under a bequest.

28. How to reason from the text

For each rule, first isolate its condition: “if they fear for their children,” “cannot fast,” or “made a bequest.” Then identify the stated consequence: “they make it up,” “he feeds,” or “his representative feeds on his behalf.”

This procedure prevents a common error in legal reading: detaching a ruling from the condition that made it applicable.

29. Recap and transition

The selected three source clauses are complete: pregnancy/nursing-related omission requires later make-up without extra fidyah; lasting old-age inability requires daily feeding; and an effective bequest concerning the deceased’s outstanding make-up calls for feeding by the responsible representative.

The next original clause begins “wa-man dakhala fī ṣawm al-taṭawwuʿ,” concerning a voluntarily begun fast or prayer that is then broken. It is reserved for Level 073.