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سنن دارمي
Darimi
من كتاب الصومFrom the Book of Fasting
باب الرَّجُلِ يَمُوتُ وَعَلَيْهِ صَوْمٌ:Chapter: A Person Dies Owing Fasts
Hadith 1806
اُردوEn
حَدَّثَنَا سَهْلُ بْنُ حَمَّادٍ، حَدَّثَنَا شُعْبَةُ، عَنْ أَبِي بِشْرٍ، عَنْ سَعِيدِ بْنِ جُبَيْرٍ، عَنْ ابْنِ عَبَّاسٍ، أَنَّ امْرَأَةً نَذَرَتْ أَنْ تَصُومَ، فَمَاتَتْ، فَجَاءَ أَخُوهَا إِلَى رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ فَسَأَلَهُ عَنْ ذَلِكَ، فَقَالَ لَهُ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: "لَوْ كَانَ عَلَيْهَا دَيْنٌ أَكُنْتَ قَاضِيَهُ ؟"قَالَ: نَعَمْ . قَالَ: "فَاقْضُوا اللَّهَ، فَاللَّهُ أَحَقُّ بِالْوَفَاءِ" . قَالَ: فَصَامَ عَنْهَا.
It is narrated from Sayyiduna Ibn Abbas (may Allah be pleased with them both) that a woman made a vow to perform Hajj but she passed away. Her brother came to the Messenger of Allah (peace and blessings be upon him) and asked about this matter. The Messenger of Allah (peace and blessings be upon him) said to him: "If she had a debt, would you pay it off?" He replied: Yes. He said: "Fulfill Allah’s debt, for Allah is more deserving of fulfillment." The narrator said: So the brother fasted on behalf of his sister.
Brief Explanation
(Commentary on Hadith 1805)
In this hadith, the question concerns fulfilling a vow (nadhar) of Hajj, while the answer mentions making up (qada) for fasts. Most likely, these are separate incidents that have been combined by a narrator. In the books of hadith, the mention is of making up fasts, and in [مسلم 1149], in a separate hadith, Hajj is mentioned. In any case, there is a difference of opinion among the scholars regarding this matter: if a fast or Hajj becomes obligatory (wajib al-ada) upon a deceased person, what should the heir (wali) do? If it is a vowed (nadhar) Hajj or fast, then the heir should fulfill it. And if it is the fasts of Ramadan or the obligatory Hajj that became due upon the deceased, then some of the imams have said that the compensation (fidya) for the fasts should be paid from the inheritance, and Hajj should also be performed with the deceased’s money. However, the correct view is that, under «مَنْ مَاتَ وَ عَلَيْهِ صِيَامٌ صَامَ عَنْهُ وَلِيُّهّ.» [بخاري 1952], for any fast that was due upon the deceased, the closest heir should fast on his behalf, and he may also perform Hajj on his behalf, as is clarified in the ahadith.
(See: Hadith number: 1874).
In this hadith, the question concerns fulfilling a vow (nadhar) of Hajj, while the answer mentions making up (qada) for fasts. Most likely, these are separate incidents that have been combined by a narrator. In the books of hadith, the mention is of making up fasts, and in [مسلم 1149], in a separate hadith, Hajj is mentioned. In any case, there is a difference of opinion among the scholars regarding this matter: if a fast or Hajj becomes obligatory (wajib al-ada) upon a deceased person, what should the heir (wali) do? If it is a vowed (nadhar) Hajj or fast, then the heir should fulfill it. And if it is the fasts of Ramadan or the obligatory Hajj that became due upon the deceased, then some of the imams have said that the compensation (fidya) for the fasts should be paid from the inheritance, and Hajj should also be performed with the deceased’s money. However, the correct view is that, under «مَنْ مَاتَ وَ عَلَيْهِ صِيَامٌ صَامَ عَنْهُ وَلِيُّهّ.» [بخاري 1952], for any fast that was due upon the deceased, the closest heir should fast on his behalf, and he may also perform Hajj on his behalf, as is clarified in the ahadith.
(See: Hadith number: 1874).
