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The question

What is the ruling regarding a woman whose infant died due to a car accident she suffered as a result of losing consciousness, and she is obligated to fast for two consecutive months, but her husband refuses to let her fast? Who is responsible for her fasting before Allah?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20262 min readAlso available in العربية
The answer

The husband should not prevent his wife from fasting for the expiation of unintentional killing to clear her conscience, as the expiation is obligatory for the woman and she is responsible for it.

Scholars have differed regarding the permissibility of a husband preventing his wife from performing obligatory fasting, and whether the expiation for an error is immediately due or can be delayed:

1. Voluntary fasting and obligatory fasting that can be delayed: Some scholars have interpreted the Prophet's prohibition of a woman fasting while her husband is present except with his permission as applying to voluntary fasting. They have extended this to obligatory fasting that can be delayed, such as making up for missed Ramadan fasts if time is not short, and expiatory fasts if we consider them to be delayed, which implies that the husband has the right to prevent her.

2. Immediately obligatory fasting: Another group of scholars holds that a woman must perform all obligatory fasts whether her husband likes it or not. This includes making up for missed Ramadan fasts, expiations, and vows if they were made before marriage or were time-bound. In such cases, her husband's permission is not needed for Ramadan fasting, and his prevention does not stop her, based on the verse: {And it is not for a believing man or a believing woman, when Allah and His Messenger have decided a matter, that they should have [any] option in their decision.}

Scholarly disagreement on fasting for the expiation of unintentional killing:

Can be delayed: The Shafi'is held that the expiation for unintentional killing can be delayed because the one who made the mistake is excused. Immediately due: Many scholars held that it is immediately obligatory.

Conclusion: The woman must obey her husband in delaying the fast if she adopts the view of the Shafi'is, who consider the expiation for unintentional killing to be delayable. Nevertheless, she should strive to convince her husband to permit her to fast.

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Source platform
Ftawy
Original fatwa ID
121930
Imported
Translation status
Source text, unreviewed
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