1713. If a person fails to fast in the month of Ramadan owing to an excuse, and the excuse is removed after the month of Ramadan, but he deliberately fails to observe the qaÃÁ of the missed fasts until the next month of Ramadan, he must observe the qaÃÁ of the missed fasts, and for each missed fast he must give one mudd of food to a needy person.
1714. If a person is negligent in observing the qaÃÁ of a fast until the remaining days become constrained, and he develops an excuse during those days, he must offer its qaÃÁ and give one mudd of staple food to a needy person for each day. Similarly, if a person has the intention of observing the qaÃÁ of his missed fasts after his excuse is removed, but before he is able to fast its qaÃÁ, he develops an excuse once the time becomes constrained, he must observe the qaÃÁ of those fasts, and based on obligatory precaution, he should also give one mudd of food for each day.
1715. If the illness of a person persists for some years, after he recovers from his illness, he will have to fast the qaÃÁ of the preceding month of Ramadan. For each day from the previous years, he will have to give one mudd of staple food to a needy person for each day.
1716. A person who must give one mudd of staple food to a needy person for one day may also give the kaffÁrah of several days to one needy person.
1717. If a person delays fasting the qaÃÁ of the fast of the month of Ramadan for a few years, he must observe its qaÃÁ and must also give one mudd of staple food to a needy person for each day, for failing to observe its qaÃÁ in the first year. However, as for delaying its qaÃÁ in the subsequent years, nothing extra will be obligatory on him.
1718. If a person deliberately fails to fast a fast of the month of Ramadan, he must offer the qaÃÁ of that fast and for each day he must free a slave, or feed sixty needy persons, or fast for two months. Should he fail to fast its qaÃÁ before the next month of Ramadan, then for each day he must give one mudd of food to a needy person.
1719. If a person deliberately fails to observe the fast of the month of Ramadan, and masturbates or engages in intercourse multiple times during the day, based on obligatory precaution his kaffÁrah will also get multiplied equivalently. However, if he repetitively commits another act which invalidates the fast, such as eating food a number of times, then only one kaffÁrah will suffice.
1720. After the death of a father, his eldest son must fast the qaÃÁ of his fasts according to the details elaborated in article 1398.
1721. If a father fails to observe a fast other than the fast of the month of Ramadan, such as the fast of a nadhr, then it will be obligatory on his eldest son to observe its qaÃÁ. However, if he was hired to observe some fasts, and failed to do so, the eldest son will not have to observe its qaÃÁ.
1722. A traveler who has to offer two rak‘ah for every four rak‘ah prayer, should not fast. As for a traveler who offers his prayer in full, such as someone whose profession is travelling, or has embarked on a sinful journey, he must fast while travelling.
1723. There is not problem in travelling during the month of Ramadan, albeit it is makrÙh, even if it is not for the purpose of avoiding the fasts, unless his journey is borne out of necessity, or—according to some narrations—is for going to Hajj or ‘umrah.
1724. If a person is obligated to fast on a particular day, other than the fast of the month of Ramadan, and if that obligation is borne out of a person’s right over him, such as someone who has been hired to fast on a particular day, then he cannot travel on that day. The same will apply, based on obligatory precaution, to a date-specific obligatory fast other than the fast of a nadhr, such as the fast for the third day of i‘tikÁf. However, if the fast has become obligatory on a particular day due to a nadhr, then the stronger opinion is that the person can travel on that day, and fast on a day other than that day.
1725. If a person makes a nadhr to fast without specifying its exact day, he cannot observe it while travelling. However, if he makes a nadhr to fast on a particular date while travelling, he will have to observe it while travelling. Similarly, if he makes a nadhr to fast on a particular day, be he traveling or not, then he must fast on that day even if he is traveling.
1726. A traveler can fast recommended fasts for three days in Madina, for seeking the fulfillment of his needs. The obligatory precaution in this case is that the three days should be Wednesday, Thursday and Friday.
1727. If a person does not know that the fast of a traveler is not valid, and fasts while travelling, but realizes during the day, his fast will be invalidated. However, if he does not find out until maghrib, his fast will be in order.
فراموش کردن سفر و اینکه روزه مسافر باطل است
مسأله 1728 ـ اگر فراموش كند كه مسافر است ، يا فراموش كند كه روزه مسافر باطل مى باشد و در سفر روزه بگيرد ، روزه او باطل است.
1729. If a person who is fasting embarks on a journey after zuhr, he must complete his fast. If he travels before zuhr, his fast will be invalidated the moment he reaches the limit of permissibility. Should he commit an act which invalidates the fast prior to reaching it, the kaffÁrah will become obligatory on him.
1730. If a traveler reaches his hometown prior to zuhr in the month of Ramadan, regardless of whether he was journeying before fajr or he embarked on his journey whilst fasting, and has not committed any act which invalidates the fast, then he must observe the fast of that day. If he has committed such an act, the fast of that day will be void. The same will apply to a person who reaches a place where he intends to stay for ten days.
1731. If a traveler reaches his hometown after zuhr, or a place where he intends to reside for ten days, his fast for that day will not be valid.
1732. It is makrÙh for a traveler or one who is excused from fasting to engage in intercourse during days of the month of Ramadan, eat more than his fill or completely quench his thirst.
1733. A person who cannot fast due to old age, or because it entails hardship for him, is excused from fasting. In the latter case, he must give fidyah for each missed fast, which is one mudd of staple food. The recommended precaution is that he give wheat in particular.
1734. If a person who did not fast due to old age, is able to fast after the month of Ramadan, he will not have to observe the qaÃÁ of the missed fasts.
1735. If a person is afflicted with an illness that makes him extremely thirsty, and he is unable to bear the thirst, or it entails hardship for him, then he is excused from fasting. However, in the latter case, he must give one mudd of staple food to a needy person for each missed fast. The recommended precaution is that he avoid drinking more than what he is compelled to consume. If he develops the ability to fast after the month of Ramadan, there is no qaÃÁ for the missed fasts.
1736. If a pregnant woman is close to her delivery date, and fasting is harmful for her or her baby, her fast is not valid. In the latter case, she should give one mudd of staple food to a needy person. The same applies to the first case as well, based on recommended precaution. She must also observe the qaÃÁ of the fasts that she missed.
1737. If a woman is nursing a child, and her milk supply is less, regardless of whether she is the mother of the child or not, and regardless of whether she is being hired to give milk or not provided that fasting is harmful for the baby she is nursing or for herself, her fast is not valid. In the first case (harm to the baby), she must give one mudd of staple food to a needy person, and similarly in the latter case, based on recommended precaution. She must also observe the qaÃÁ of the fasts that she missed.
The above ruling only applies in the case where the child cannot be milk-fed in any other manner. If it is possible, then it is obligatory for her to fast.
1738. The first of the lunar month can be established in a few ways:
1. A person himself sights the crescent
2. A group of people whose word brings about certainty or satisfaction, state that they have sighted the crescent. The same applies to anything through which one attains certainty or satisfaction.
3. Two just persons state that they have sighted the crescent on the same night. However if the characteristics that they claim for the crescent contradict each other, the first of the month will not be established. The same will apply if their claim is not verifiable, such as a case wherein the skies are clear and a large number of observers—besides these two—attempt to sight the crescent, but despite all their efforts, they fail to do so.
4. Thirty days elapse after the beginning of the month of ShaÞbÁn, which then heralds the beginning of the month of Ramadan. Similarly, if thirty days pass after the beginning of the month of Ramadan, it will herald the beginning of the month of ShawwÁl.
1739. It is problematic that the first of the month be proven through declaration of a ÎÁkim shara’.
1740. The first of the month is not established by the calculations of the astronomers. However if a person attains certainty or satisfaction in their calculations, he will have to act according to it.
1741. The altitude of the moon, or the time it takes to set, is not proof that the previous night was the first night of the month. However, if the crescent is sighted before zuhr time, then that day will be considered the first of the month. And whether seeing a halo tablet around the moon proves that the previous night was the first eve of the month is problematic.
1742. If the first of the month of Ramadan is not established for a person, and he does not fast on that day, only to realize later on that the previous night was in fact the first night of the month, he will have to observe the qaÃÁ of that day.
