Shaykh Muhammad Ibn Hizaam mentioned:
“The pregnant woman, if she fears upon her fetus or the breast feeding women upon her child, In the matter there are statements:
The first one:
That she doesn’t fast and (instead) feeds for every day a poor person. It is the statement of Ibn Abbas, Ibn Umar, Ikrimah, Saeed Ibn Jubayr, Al Qaasim Ibn Muhammad and it is the statement of Ishaaq Ibn Raahawayh
They used as evidence the verse
و على الذين يطيقونه فدية طعام مسكين
And as for those who can fast with difficulty, (e.g. an old man, etc.), they have (a choice either to fast or) to feed a Miskin (poor person) (for every day).
[2:184]
The speech upon the Ayat has preceded in the matter of the old weak man.
The second:
That they don’t fast and (instead) make up their fast without feeding any poor person.
It is the statement of Al Hassan, An Nakhaai, Ataa, Az Zuhree, Ad Dahaak, Al Awzaai, Rabeeah, Ath Thawri, Abu Hanifa and his companions, Al Layth, At Tabari, Abu Thawr, Abu Ubayd, and it is the statement of Maalik in regards to the breastfeeding woman and one of the statements of Ash Shafiee in regards to the pregnant woman.
They used as evidence the narration of
Anas Ibn Maalik Al Kaa’abi reported by the authors of the Sunan that the prophet صلى الله عليه و سلم said:
“Indeed Allah Aza Wa Jal has dropped fasting and half of the prayer from the traveller, and from the pregnant woman and breast feeding woman fasting”
Our Shaykh (Muqbil) declared it authentic in Al Jaami as Saheeh.
They also said:
It (meaning) not fasting is made permissible due to an unexpected excuse. Thus it an expiation (and it) isn’t obligatory in regards to it such as (for) the sick one.
This statement is the correct stance, it is the stance deemed correct by our Shaykh Muqbil Al Wadiee, Ash Shaykh Ibn Baaz and Ash Shaykh Ibn Uthaymeen may Allah have mercy upon all of them.
The third:
If they fear upon themselves, nothing else or upon themselves and their child, then they don’t fast and (instead) make up the days without having to feed the poor.
But if they fear upon their child – not upon themselves – then they don’t fast and make it up. However, upon them is also to feed the poor. It is the statement of Ash Shafiee and Ahmad and that was relayed from Mujaahid.
The fourth:
The pregnant woman doesn’t fast, (instead) makes it up and doesn’t have to feed the poor, whilst the one breastfeeding doesn’t fast, (instead) makes it up and feeds the poor.
It is the statement of Maalik, Al Layth and Ibn Abdul Barr deemed it correct.
The fifth:
They don’t have to make up their fast nor feed the poor. It is the statement of Ibn Hazm may Allah have mercy upon him.
They used as evidence the previous narration of Anas Radiallahu Anhu.
But they have been answered (in their stance) with that the intent of the narration is that performing it has been dropped, not making it up, with the proof that the traveller makes up his fast from other days.
فمن كان منكم مريضا او على سفر فَعِدَّة من أيام أخر
[Observing Saum (fasts)] for a fixed number of days, but if any of you is ill or on a journey, the same number (should be made up) from other days.
[2:184]
The correct stance is the second statement, Allah knows best.
Look at Al Majmoo’ 6/268-269, Al Mughni 3/37, Al Muhalaa 770, Al Istidhkaar 10/221-224, Ash Sharhul Mumtiaa 6/359-362″
End quote.
[Ittihaaful Anaam Bi Ahkaam wa Masaail As Siyaam, Page 137-138]
Translated by
Majid Jawed Al-Afghanee
Abu Layl
