In the name of Allah,
Scholars agree that a guardian or heir cannot pray on behalf of a dead person who missed some prayers. In the same way, no one should fast for someone who is unable fast while he is still alive. There is disagreement about the situation of an individual who passes without making up some fasting days despite being able to.
Abu Hanifah, Malik, and the Shaf’iyyah advise the guardian or heir to feed one person a day rather than fast on their behalf. However, the preferred view among the Shaf’iyyah is that the guardian should fast in place of the deceased, thus satisfying his obligation. Thus, he need not feed anyone.
The classical Hanafi book Al Hidaya stated:
‘If one dies with a debt for the qada’ and leaves a bequest, the wali must feed the poor.[ paraphrased][i]
The definition of guardian is a close relative, be it an agnate, an heir, or another individual. A non-relative can only fast for the dead if he has permission from the deceased’s guardian.
Narrated Ibn ‘Abbas:
A woman came to the Prophet (ﷺ) and said (to him) that one month’s fast was due from her mother who had died. May I fulfill them on her behalf? He asked: Suppose some debt was due from your mother, would you pay it? She replied: Yes. He said: So the debt due to Allah is the one which most deserves to be paid’[ii].
One of the most learned followers of the Shaf’iyyah, An-Nawawi, says, “That statement is the most accurate, and we follow it[iii].
If an ill person recovers and can make up the lost fasts but dies before doing so, his assets should be used to feed a poor person. If any of his relatives want to fast for him, that’s fine, because it was written in Sahihayn that the Prophet of Allah (peace and blessings of Allah be upon him) said:: “Whoever dies owing some fasts, let his heir fast on his behalf.[iv]”
Shaykh Uthaymeen (may Allah have mercy on him) was asked about a sick lady who couldn’t fast for eight days during Ramadan. Three months after Ramadan, she died.
The reply was:
The Prophet (peace and blessings of Allaah be upon him) said, “Whoever dies owing fasts, his heir should fast on his behalf.” After Ramadaan, if your mother recovered and had enough time to make up the eight days she missed, you or another relative must fast those eight days for her. The fasts may be postponed, but if possible, observe them as soon as possible.
However, if she remained ill and died without being able to make up the fasts, they do not have to be made up due to Allah’s Word[v]:
(interpretation of the meaning):
“Allaah burdens not a person beyond his scope”
[al-Baqarah 2:286]
and
“So keep your duty to Allaah and fear Him as much as you can”
[al-Taghaabun 64:16]
End quote.
Ibn Qudamah stated in Al Mughni[vi]:
In conclusion, if someone dies without making up Ramadan fasts, one of two things must be true:
The first possibility is that he died before he could fast, either because he was ill, traveling, or unable to fast. The majority of scholars think that nothing needs to be done in this case. Tawoos and Qataadah recommended feeding the needy on his behalf.
The second possibility is that he died after he was able to make up for the fasts. One needy person must be fed daily. Most scholars agree with this, and ‘Aaishah and Ibn ‘Abbaas stated it[vii]. Click here for more on this.
Click here to know Islamic ruling on fasting during pregnancy, differing opinions, and their evidences
May Allah’s peace and blessings be on the last and final prophet
Sources:
[i] Al-Hidayah THE GUIDANCE, Burhan Al Din Al Farghani Al Marghinani, Book of Fasting, page 328
[ii] Sunan Abi Dawud 3310, Grade:Sahih (Al-Albani)
[iii] Fiqh us sunnah, Sayed Sabiq, Chapter Fasting, Page 266
[iv] Rulings pertaining to Ramadan, A Collection of Works by Sheikh Muhammad Salih Al-Munajjid, Islamfuture, page 38
[vi] p. 241, vol. 3 of the Dar al-Manaar edition