The jurists agreed that it is permissible for the pregnant woman and the breastfeeding woman to break the fast if they fear harm for themselves or for their children, or face real hardship. (This is recorded in the Hanafi, Maliki, Shafii and Hanbali works such as Al Bahr ar Raiq 2/302, Kifayat at Talib ar Rabbani 1/394, al Majmu 6/267, al Mughni 4/394, Nail al Awtar 4/258 and Mawsuat al Ijma 2/732.)

The ruling is linked to the verses:

“Allah does not burden any being beyond its capacity.” (al Baqarah 286)

“Allah does not want to place hardship upon you.” (al Maidah 6)

Ibn Abi Zayd al Qayrawani (d. 386 AH) explained that if the pregnant woman fears for herself or for what is in her womb, she must break the fast, even in Ramadan, when she fears destruction or severe harm, and it is recommended for her to break it where the harm is less than that. According to the well known Maliki position she only makes up the days of Ramadan; she does not give food to the poor, because she is in the ruling of one who is ill. (al Fawakih ad Dawani 2/711)

In al Thamar ad Dani it is noted that the apparent sense of his words might suggest that if she does not fear, she cannot break the fast even if fasting exhausts her. The author corrects this and, following the understanding of Ibn Arafah (d. 803 AH), explains that the pregnant woman, the breastfeeding woman and the ill person are permitted to break the fast whenever fasting is difficult, even if they do not fear the start of illness or an increase of illness.

An Nawawi (d. 676 AH) summarised that the pregnant woman and the breastfeeding woman, when they fear harm for themselves from fasting, may break the fast and must make up the days, with no fidyah, just like the ill person, and that this is an issue with no disagreement among the Shafii companions. (al Majmu 6/267)

Ibn Qudamah (d. 620 AH) gave a similar summary for the Hanbali madhhab: if the pregnant woman and the breastfeeding woman fear for themselves, they may break the fast and only have to make up the days, and he reports no known disagreement about this among the people of knowledge, because they are like the ill person who fears for himself. If they fear for their children, they break the fast, make up the days and feed one poor person for each day. (al Mughni 4/394)

Ash Shawkani (d. 1250 AH) reports that it is permissible for the pregnant woman and the breastfeeding woman to break the fast when the pregnant woman fears for her foetus and the breastfeeding woman fears for the child, and that this is the position of Ahl al Bayt and the jurists.

They even said that breaking the fast is then obligatory. Abu Talib reported that there is no disagreement about permissibility, and at Tirmidhi said that this is the practice of the people of knowledge. (al Majmu 6/267; al Mughni 4/394; Nayl al Awtar 4/258)

In light of all this, the author concludes that the stronger view is that when the pregnant woman fears for herself, she must break the fast, and it is obligatory upon her to make up the days, with no fidyah, by clear evidence and by analogy with the ill person and the traveller. Reports about feeding the poor refer to the case of fear for the child.

When the Pregnant Woman Fears for Herself

When fear for the mother herself is the reason for breaking the fast, the rulings are simpler and closer to agreement.

An Nawawi mentions that the whole issue of permissibility for them to break the fast and the duty of making up the days without fidyah is an issue where there is no disagreement. (al Majmu 6/220)

The majority of the jurists, including the Hanafis, Malikis, Shafiis and Hanbalis, held that in this situation the pregnant woman may break the fast and only has to make up the days, without feeding the poor. (This is recorded in Tabyin al Haqa’iq 1/336, Sharh al Khurashi 1/413, al Majmu 6/273 and al Mughni 3/347.)

Among the Hanbalis it is disliked for her to fast while this fear is present. Among the Shafiis the wording of the authors also covers other related cases, such as the hired wet nurse, and they make subtle distinctions in detailed scenarios, but they keep the main ruling that if the fear relates to herself, she breaks the fast and only makes up the days. (This is discussed in Kitab al Umm 2/103, al Wasit 2/553, al Bayan 3/473 and al Hawi al Kabir 3/436.)

Ibn Abi Zayd al Qayrawani repeats that if the pregnant woman fears for herself or what is in her womb, she must break the fast, even in Ramadan, in case of destruction or severe harm, and it is recommended in lesser harm, and that according to the well known Maliki position she only makes up the days of Ramadan without feeding the poor, because she is in the ruling of one who is ill. (al Fawakih ad Dawani 2/711)

Al Mirdawi (d. 885 AH) reports a Hanbali narration that mentions feeding the poor as well as making up the days, but he explains that the Hanbali madhhab is that, if they fear for themselves, they break the fast and make up the days without feeding the poor, and that most of the Hanbali companions decisively state this, while only some report the other narration. (al Insaf 3/202)

The main proofs for this ruling are:

The verse: “So whoever among you is ill or on a journey, then a number of other days must be made up.” (al Baqarah 184)

The pregnant woman who fears for herself is placed in the same ruling as the ill person and the traveller, so she breaks the fast and must make up the days, with no fidyah, exactly as in their case. (al Mughni 3/38; Hashiyat ar Rawd al Murbi 4/390)

The hadith of Anas ibn Malik al Ka’bi that the Prophet ﷺ said: “Allah has removed half the prayer from the traveller, and from the traveller and the pregnant woman and the breastfeeding woman the fast.” (Sunan Ibn Majah 1667)

The jurists understand the “removal” here in the same way as for the traveller: the duty to fast during the time of travel is lifted, but the duty to make up the days remains, and there is no fidyah, so the same applies to the pregnant woman when she fears for herself.

There are also narrations from the companions. Abu Ubayd narrated that a pregnant woman fasted, became very thirsty in Ramadan, and Ibn Umar ordered her to break the fast and to feed one poor person for every day a mudd, then said that this would not suffice her, and that when she becomes healthy she must make up the days.

Abdul Razzaq narrated from Ibn Abbas through Ata that he said: the pregnant woman and the breastfeeding woman break the fast in Ramadan, make up the days and do not feed the poor. (al Musannaf of Abdul Razzaq 4/168; al Muhalla 4/411)

Ibn Qudamah states that in this case it is upon them only to make up the days, and he knows of no disagreement about that, because they take the ruling of the ill person who fears for himself.

When the Pregnant Woman Fears for Her Child Only

When a pregnant woman does not fear for herself but fears harm for her foetus, such as miscarriage or harm to its growth, the jurists differed about what is obligatory if she breaks the fast for this reason.

Reasons for the Ikthilaaf (Differing)

The author, drawing on Bidayat al Mujtahid 1/506, notes two main reasons.

The first reason is the difference of the companions and their students about these women and how to understand the reports from Ibn Abbas and Ibn Umar.

The second is hesitation about which other group they are most similar to. Those who said only making up the days is upon them attached them to the ill person, because both break the fast due to fear for a self that is respected.

Those who said only feeding the poor is upon them attached them to the extremely elderly person, who breaks the fast due to weakness that does not go away.

Those who said that both making up the days and feeding the poor are upon them saw a likeness to both these cases. Those who distinguished between the pregnant woman and the breastfeeding woman attached the pregnant woman to the ill person and considered the breastfeeding woman closer to the extremely elderly person. (Bidayat al Mujtahid 1/506)

First Saying: Only Making Up the Days, No Fidyah

The first saying is that if the pregnant woman breaks the fast out of fear for her child, she only has to make up the days, with no fidyah. This is the madhhab of the Hanafis, a narration from Imam Malik, and the saying of some Shafiis. (It is recorded in al Mabsut 3/100, Ahkam al Qur’an of al Jassas 2/253, Bada’i as Sana’i 2/98, Fath al Qadir 2/355–356, al Mudawwanah 1/210, al Qawanin al Fiqhiyyah p.92, al Muntaka 2/71, al Umm 2/114, al Hawi al Kabir 3/437 and al Majmu 6/395.)

In al Majmu it is reported that Ata ibn Abi Rabah, al Hasan, ad Dahhak, an Nakha’i, az Zuhri, Rabiah, al Awza’i, Abu Hanifah, ath Thawri, Abu Ubayd, Abu Thawr and the companions of opinion said: they break the fast and make up the days and there is no fidyah, just like the ill person. (al Istidhkar 10/222; al Hawi al Kabir 3/437; al Majmu 6/395; Nail al Ma’arib 1/424; al Mughni 3/38)

Ibn al Mundhir (d. 318 AH) reports this conclusion as well. (al Iqna’ of Ibn al Mundhir p.125; al Majmu 6/395)

In al ‘Inayah it is explained that the pregnant woman and the breastfeeding woman, if they fear for themselves or their children, break the fast and make up the days to remove hardship, and there is no kaffarah upon them, because this is breaking the fast for an excuse, so there is no fidyah, just as with illness. (al ‘Inayah 3/320)

Their main proofs are the same evidences that were mentioned for fear for the self. They rely on the verse about the ill person and the traveller, and on attaching the pregnant woman to the ill person, since harm to the foetus is linked to harm to her state. (al Mughni 3/38)

They also argue from the nature of fidyah. Allah, the Exalted, says: “And upon those who are able to fast, but with hardship, is a ransom: feeding one poor person.” (al Baqarah 184)

Al Kassani (d. 587 AH) comments that Allah made making up the days obligatory upon the ill person, and whoever adds feeding the poor has added to the text without proof.

He adds that when Allah did not make anything else obligatory, it shows this is the full ruling for this case, because delaying explanation beyond the time of need is not permissible, and that what is meant by “ill” includes every state that places a person in the ruling of one who is ill. (Bada’i as Sana’i 4/225)

They reply to the use of the verse about fidyah by saying that this verse is abrogated for those other than the pregnant and breastfeeding women, but that Ibn Abbas explained that the verse remains concerning the pregnant woman and the breastfeeding woman when they fear. (Tafsir Ibn Jarir 2/135; Sunan Abi Dawud 2318)

They explain that the reports from Ibn Abbas and Ibn Umar about feeding the poor refer to the case when they fear for the child and are either recommendations or specific judgements of those companions.

They also say that fidyah is a substitute for fasting, and combining the substitute and the original is not correct. If making up the days is obligatory, that is the substitute; so there is no place for fidyah. If the fidyah replaces the fast, then making up the days is not obligatory, because the fidyah has taken its place. (Ahkam al Qur’an of al Jassas 1/181)

They add that excuses which permit breaking the fast either lead to making up the days and drop fidyah, like travel and illness, or lead to fidyah and drop making up the days, like the extremely elderly person. The coming together of both rulings because of one excuse is contrary to the normal pattern of the Sharia. (al Hawi al Kabir 3/437; Ahkam al Fidyah fi as Salah was Siyam p.342)

Second Saying: Making Up the Days and Feeding One Poor Person per Day

The second saying is that if the pregnant woman breaks the fast out of fear for her child, she must make up the days and feed one poor person per day. This is one saying among the Malikis and is the madhhab of the Shafiis and the Hanbalis. (It is discussed in al Mudawwanah 1/279, al Muntaka Sharh al Muwatta 2/72, al Umm 2/113–114, al Bayan 3/473, Fath al Aziz 6/460, al Hawi al Kabir 3/436, Rawdat at Talibin 2/383, Mughni al Muhtaj 1/440, al Mustaw’ab 3/386, al Mughni 4/347, al Muharrar 1/230, at Tawdih 1/449, Ma’unat Uli an Nuha 3/35 and Matali Uli an Nuha 2/138.)

Ash Shafi’i said that the pregnant woman and the breastfeeding woman, if they fear for their children, break the fast, and it is upon each of them to make up the days and to give charity for every day to one poor person, a mudd of wheat, and that this applies to Ramadan, not to other obligatory fasts such as kaffarah or a specified vow. (al Hawi al Kabir 3/436)

Among the Hanbalis, al Majd in his Sharh, followed by the author of al Furu’, explains that if the child of the breastfeeding woman accepts the breast of another woman and she is able to hire a wet nurse for him, or the child has wealth from which a wet nurse can be hired, then she must do that and fast. If this is not possible she has the concession to break the fast. He suggests that this is what those who speak generally intended. (Nayl al Ma’arib 1/424)

This is also the choice of Shaykh al Islam Ibn Taymiyyah (d. 728 AH) and Ibn al Qayyim (d. 751 AH). (Nayl al Ma’arib 1/424)

Their main proofs combine two sets of verses.

The verse about illness and travel: “So whoever among you is ill or on a journey, then a number of other days must be made up.” (al Baqarah 184)

shows the duty of making up the days.

The verse: “And upon those who are able to fast, but with hardship, is a ransom: feeding one poor person.” (al Baqarah 184)

is taken to include the pregnant woman and the breastfeeding woman who fear for their children. They are considered among those who are able to fast only with hardship, so by the apparent meaning of the verse feeding the poor is obligatory upon them as well. (al Mughni 3/38; al Hawi al Kabir 3/437)

They also use narrations from Ibn Abbas and Ibn Umar that speak about the pregnant woman and the breastfeeding woman breaking the fast and feeding the poor, and they understand these to show the duty of fidyah in addition to making up the days. Ibn Qudamah explains that the verse speaks of feeding and does not mention making up the days, so the duty of making up the days is taken from other proofs, and the two are combined. (al Mughni 3/38; ash Sharh al Mumti’ 6/360)

The critics of this saying reply that fidyah is a substitute for the fast, and therefore combining it with the fast or its make up is unusual, and that the normal pattern is that either making up the days is obligatory, or fidyah is obligatory, but not both together for one excuse. (al Hawi al Kabir 3/437; Ahkam al Fidyah fi as Salah was Siyam p.342)

Third Saying: Feeding the Poor Only, No Making Up the Days

The third saying is that when the pregnant woman or the breastfeeding woman fear for their children, they must feed one poor person for every day and do not make up the days. This is the saying of Sa’id ibn Jubayr, Sa’id ibn al Musayyab and Ishaq ibn Rahwayh, and Ibn Wahb narrated it from Malik concerning the pregnant woman. (It is recorded in an Nasikh wal Mansukh of Abu Ubayd p.64, al Majmu 6/295, Hilyat al ‘Ulama 3/177, al Mughni 3/38, al Furu’ 3/34–35 and ‘Umdat al Qari 8/320.)

They rely mainly on the reports from Ibn Abbas and Ibn Umar that connect the verse about fidyah with the pregnant woman and the breastfeeding woman and speak of feeding the poor without clearly mentioning making up the days.

They understand these reports in the light of the verse about those who can only fast with extreme difficulty, and they attach the pregnant and breastfeeding women who fear for their children to the extremely elderly person, whose excuse does not usually go away, and for whom feeding the poor stands in place of fasting.

The author notes that this analogy is weak, because pregnancy and breastfeeding are temporary states after which the woman normally regains her ability to fast, in contrast to the extremely elderly person.

Fourth Saying: Pregnant Woman Makes Up the Days Only, Breastfeeding Woman Makes Up and Feeds

The 4th saying is that the pregnant woman who breaks the fast out of fear for her child must make up the days and has no fidyah upon her, while the breastfeeding woman must both make up the days and feed one poor person for every day.

Malik said that regarding the breastfeeding woman, if the child does not accept the breast of any woman other than his mother, then she breaks the fast, makes up the days and feeds one mudd for every day. (al Mudawwanah 1/210)

Az Zaraqani mentions that this is the well known saying in his madhhab. (Sharh az Zaraqani ‘ala al Muwatta 2/192)

Al Layth held the same view, and it is also a saying among the Shafiis. (al Mughni 3/38; Mukhtasar Ikhtilaf al ‘Ulama 2/17; al Hawi al Kabir 3/436; Fath al Aziz 6/460; al Majmu 6/295)

In al Mudawwanah it is recorded that Malik was asked about the pregnant woman and the breastfeeding woman if they fear for their children and break the fast.

He replied that the breastfeeding woman feeds, breaks the fast and makes up the days if she fears for her child, while he said about the pregnant woman that there is no feeding upon her; when she becomes healthy and strong she makes up what she broke. When asked about the difference, he replied that the pregnant woman is in the ruling of the ill person, while the breastfeeding woman is not in the ruling of the ill person. (al Mudawwanah 1/278)

They also state that this fidyah is specific to Ramadan and not to other obligatory fasts from kaffarah or a specified vow.

The author shows that this view separates between two cases that are in fact very close, since both pregnancy and breastfeeding are temporary and both involve fear for the child, and that the argument for this separation is not strong.

Fifth Saying: Neither Making Up the Days nor Fidyah

The 5th saying is that there is neither making up the days upon them nor fidyah. This is the madhhab of Ibn Hazm (d. 456 AH). (Bada’i as Sana’i 2/102–1023; an Nasikh wal Mansukh p.67; al Mabsut 3/99–100)

Ibn Hazm said that if the breastfeeding woman fears a decrease in milk and loss for the child, and he has no other nurse or does not accept another, or if the pregnant woman fears for the foetus, or the elderly man is unable to fast because of age, they all break the fast and there is no making up the days and no feeding the poor.

Allah has only made making up the fast obligatory upon the ill person, the traveller, the menstruating woman, the woman in nifas and the one who vomits deliberately, and whoever transgresses the limits of Allah has wronged himself. (al Muhalla 6/263; 4/411)

The author notes that this saying conflicts with the clear proofs that attach the pregnant woman who fears for herself to the ruling of the ill person and with the analogies to the traveller and the ill person, and that it is weaker than the other views.

When the Pregnant Woman Fears for Herself and Her Child Together

If the pregnant woman fears from fasting both for herself and for her child together, the ruling returns to the ruling of fear for herself.

An Nawawi says that the pregnant woman and the breastfeeding woman, if they fear from fasting for themselves, break the fast and make up the days and there is no fidyah upon them, just as in the case of the ill person, and that if they fear for themselves and their children together, then the ruling is the same, without disagreement. (al Majmu 6/256)

So when fear covers both mother and child, the stronger view is that she breaks the fast, makes up the days and there is no fidyah, by agreement in the Shafii madhhab and by the dominant positions in the other madhhabs.

Pregnant Woman Who Is Also Travelling or Ill

An Nawawi also treats the case where the pregnant woman or breastfeeding woman is travelling or ill. He says that if they are travelling or ill and break the fast intending to use the concession of illness or travel, then there is no fidyah upon them without disagreement.

If they do not intend the concession of travel or illness, but break the fast out of fear for the child only, then there are two Shafii views concerning fidyah, like the two views regarding the traveller who has intercourse without intending the concession.

Al Baghawi and others mention this. The stronger view concerning the traveller is that no kaffarah is upon him, and the stronger view here is that no fidyah is upon the pregnant or breastfeeding woman, and this is also the case if they had no specific intention of which concession they were using. (al Majmu 6/256)

Fidyah (The Mandatory Charitable Compensation) and Multiple Children

Among those who obligate fidyah upon the pregnant woman and the breastfeeding woman, there is another question: does the fidyah multiply with the number of children?

An Nawawi mentions that there are two methods of presentation in the Shafii madhhab. The more correct method, decisively stated by al Baghawi, is that it does not multiply: they feed one poor person for each day of fasting, regardless of how many children they fear for, because the fidyah is in place of the fast, and the fast for that day is one.

The second method is that there are two sayings, as ar Rafi’i notes.

The relied upon view is that the fidyah does not multiply. Ar Ramli says that fidyah does not multiply with the number of children, because it is in place of the fast, unlike the aqiqah, which is a ransom for each child. (Nihayat al Muhtaj 3/195)

Who Must Pay the Fidyah

Those jurists who say that fidyah is obligatory upon the pregnant woman and the breastfeeding woman when they break the fast for their children have differed about who must bear this fidyah.

The 1st saying is that the fidyah is upon the pregnant woman and the mother who breastfeeds, from their own wealth. This is the madhhab of the Shafiis and a narration among the Hanbalis. Among the Shafiis, even if the breastfeeding woman is hired, the fidyah is upon her.

Ibn Aqil (d. 513 AH) says that it can be placed upon the mother, and that this is more fitting, because the child follows her, and this explains why there is only one kaffarah (al Insaf 7/383). Their proof is that this is the apparent sense of the reports from the companions, and that the child follows the mother in many rulings.

The 2nd saying is that the fidyah is divided between the mother and the one upon whom the child’s maintenance is obligatory from the relatives, or is taken from the wealth of the child if he has wealth. This is a narration among the Hanbalis, based on the understanding that the concession in fasting is connected to both the mother and the child. (al Insaf 7/384)

The 3rd and correct view in the Hanbali madhhab is that the fidyah is upon the one who maintains the child. Their proof is that the concession in breaking the fast is for the benefit of the child, so the cost of the fidyah is linked to the one who holds his maintenance responsibility. (al Insaf 7/383)

In summary, this discussion presents a full map of the rulings that relate to the pregnant woman’s fasting: the general obligation to fast when she is able, the shared concession with the breastfeeding woman to break the fast in fear for herself or for her child, and the different juristic paths on making up the days and feeding the poor, with their madhhabs and proofs.

Full Article

Fasting of the Pregnant and Breastfeeding Woman

If a pregnant woman is able to fast, and fasting does not cause her hardship, nor harm her foetus, then she must fast, because of His saying:

فمن شهد منكم الشهر فليصمه

“Whoever among you witnesses the month must fast it.” (al Baqarah 185)

and because she has no excuse for leaving the fast.

The jurists are agreed that it is permissible for the pregnant woman and the breastfeeding woman to break the fast if they fear for themselves or for their children. (Al Bahr ar Raiq 2/302; Kifayat at Talib ar Rabbani 1/394; al Majmu 6/267; al Mughni 4/394; Nail al Awtar 4/258; Mawsuat al Ijma 2/732)

The same ruling applies when there is hardship, because of His saying:

لا يكلف الله نفسا إلا وسعها

“Allah does not burden any being beyond its capacity. (al Baqarah 286)

۝ ما يريد الله ليجعل عليكم من حرج

“Allah does not burden any being beyond its capacity. Allah does not want to place hardship upon you.” (al Maidah 6)

Ibn Abi Zayd al Qayrawani (d. 386 AH) said: If the pregnant woman fears for herself, or for what is in her womb, then she must break the fast, even if it is in the fast of Ramadan, when she fears destruction or severe harm; and it is recommended for her to break it in what is less than that. She does not give food to the poor according to the well known position, rather she only makes up the days in the case of breaking the fast of Ramadan; and she does not give food to the poor because she is in the ruling of one who is ill. (al Fawakih ad Dawani 2/711)

In al Thamar ad Dani it says: The apparent sense of his words is that if she does not fear, she does not break the fast even if fasting exhausts her.

That is not so; rather, if fasting exhausts her, she may choose to break the fast. The meaning of the words of Ibn Arafah (d. 803 AH) is that the pregnant woman, and likewise the breastfeeding woman and the one who is ill, are permitted to break the fast whenever fasting is difficult for them, even if they do not fear that illness will occur or increase.

An Nawawi (d. 676 AH) said: Our companions said: The pregnant woman and the breastfeeding woman, if they fear from fasting for themselves, then they break the fast and make up the days, and there is no fidyah upon them, just as is the case with the one who is ill, and all of this is a matter in which there is no disagreement. (al Majmu 6/267)

He also said: And if they fear for themselves and their children together, then the ruling is the same, without disagreement, as ad Darimi and as Sarkhasi and others have clearly mentioned. If they fear for their children but not for themselves, then they break the fast and make it up, without disagreement; and regarding the fidyah there are the opinions that the author has mentioned. (al Bahr ar Raiq 2/302; Kifayat at Talib ar Rabbani 1/394; al Majmu 6/267; al Mughni 4/394; Nail al Awtar 4/258; Mawsuat al Ijma 2/732)

Ibn Qudamah (d. 620 AH) said: In summary, the pregnant woman and the breastfeeding woman, if they fear for themselves, then they may break the fast, and it is upon them only to make up the days, and we do not know of any disagreement among the people of knowledge in this, because they are in the position of the one who is ill who fears for himself. If they fear for their children, then they break the fast, and they must make up the days and feed one poor person for every day. (al Mughni 4/394)

Ash Shawkani (d. 1250 AH) said: It is permissible for the pregnant woman and the breastfeeding woman to break the fast, and to this have gone the Ahl al Bayt and the jurists, when the breastfeeding woman fears for the one she is breastfeeding and the pregnant woman fears for the foetus.

They said: She breaks the fast as an obligation.

Abu Talib said: There is no disagreement about permissibility. At Tirmidhi said: Acting on this is what the people of knowledge are upon. (al Majmu 6/267; al Mughni 4/394; Nayl al Awtar 4/258)

When They Fear for Themselves

An Nawawi said: This whole matter, meaning the permissibility for them to break the fast and the obligation of making up the days without fidyah, is an issue in which there is no disagreement. (al Majmu 6/220)

Ibn Qudamah said: In summary, the pregnant woman and the breastfeeding woman, if they fear for themselves, then they may break the fast, and it is upon them only to make up the days, and we do not know of any disagreement among the people of knowledge in this, because they are in the position of the one who is ill who fears for himself. Thus it is obligatory upon them to make up the days.

The jurists differed about feeding the poor in this situation, and there are two sayings.

The first saying: That it is upon them only to make up the days, without feeding the poor.

This is the saying of the majority of the jurists: the Hanafis, the Malikis, the Shafiis and the Hanbalis. (Tabyin al Haqa’iq 1/336; Sharh al Khurashi 1/413; al Majmu 6/273; al Mughni 3/347)

Among the Hanbalis it is disliked for them to fast in this state.

Among the Shafiis, the wording of the author also includes the hired wet nurse. If a breastfeeding woman cannot be found who is breaking her fast, or one who is fasting and breastfeeding does not harm her, then the fidyah does not multiply with the multiplication of the children, because it is in place of fasting.

Even if the pregnancy is from zina, or from a non human foetus, there is no difference in the case of the infant between whether it is human or an animal whose life is respected, or if a Muslim woman is hired to breastfeed the child of a non Muslim at war. (al Umm 2/103; al Wasit 2/553; al Bayan 3/473; al Hawi al Kabir 3/436)

Ibn Nujaym (d. 970 AH) said: I have not seen anyone who clearly stated that if the pregnant woman and the breastfeeding woman die before the fear upon their children or upon themselves passes, that making up the days is not obligatory upon them. (Tabyin al Haqa’iq 1/336)

Ar Rafi’i (d. 623 AH) said: The pregnant woman and the breastfeeding woman, if they fear for themselves, break the fast and make up the days, and there is no fidyah upon them, just as in the case of the one who is ill. (al Majmu 6/273)

Ibn Abi Zayd al Qayrawani (d. 386 AH) said: If the pregnant woman fears for herself, or for what is in her womb, then she must break the fast, even in the fast of Ramadan, when she fears destruction or severe harm; and it is recommended for her to break it in what is less than that.

She does not give food to the poor upon the well known position, rather she only makes up the days in the case of breaking the fast of Ramadan; and she does not give food to the poor because she is in the ruling of one who is ill. (al Fawakih ad Dawani 2/711)

Al Mirdawi (d. 885 AH) related from some of the Hanbalis a narration about feeding the poor, meaning along with making up the days. This is a narration in the Hanbali madhhab. Al Mirdawi said: His saying, meaning the author: “And the pregnant woman and the breastfeeding woman, if they fear for themselves, break the fast and make up the days” means without feeding the poor. This is the madhhab, and upon it are the majority of the companions, and most of them have decisively stated it, and some of them have mentioned a narration that there is feeding the poor. (al Insaf 3/202)

Proofs for the first saying

His saying, the Exalted:

فمن كان منكم مريضا أو على سفر فعدة من أيام أخر

“So whoever among you is ill or on a journey, then a number of other days must be made up.” (al Baqarah 184)

The pregnant woman and the breastfeeding woman, when they fear for themselves, take the ruling of the one who is ill and the traveller, so it is obligatory upon them to make up the days, just as in the case of the one who is ill and the traveller. (al Mughni 3/38; Hashiyat ar Rawd al Murbi 4/390)

The hadith of Anas ibn Malik al Ka’bi that the Messenger of Allah ﷺ said: “Allah has removed half the prayer from the traveller, and from the traveller and the pregnant woman and the breastfeeding woman the fast.”

What Abu Ubayd narrated through the route of Ibn Abi Labiya from Abdullah ibn Amr ibn Uthman that a pregnant woman fasted and became very thirsty in Ramadan, and Ibn Umar was asked about her, so he ordered her to break the fast and to feed one poor person for every day a mudd, then he said that this would not suffice her, and that when she becomes healthy she must make up the days.
What Abdul Razzaq narrated from ath Thawri and from Ibn Jurayj, from Ata, from Ibn Abbas that he said: The pregnant woman and the breastfeeding woman break the fast in Ramadan, and they make up the fast, and they do not give food to the poor. (al Musannaf of Abdul Razzaq 4/168; al Muhalla 4/411)

Ibn Qudamah said: It is upon them only to make up the days, and we do not know of any disagreement among the people of knowledge in this, because they are in the position of the one who is ill who fears for himself.

Proofs for the second saying

His saying, the Exalted:

وعلى الذين يطيقونه فدية طعام مسكين

“And upon those who are able to fast, but with hardship, is a ransom: feeding one poor person.” (al Baqarah 184)

This verse includes them, and in it there is mention of feeding the poor. The discussion of this is that the feeding mentioned from the companions is when she fears for the child.

The hadith of Anas ibn Malik al Ka’bi that the Messenger of Allah ﷺ said: “Allah has removed from the traveller the fast and half the prayer, and from the pregnant woman and the breastfeeding woman the fast.” (Sunan Ibn Majah 1667)

The way they use it as proof is what the word “removed” suggests in the wording of the hadith, and the removal of a matter implies that it is not obligatory, and that there is no making up of the act.

This line of reasoning has been discussed from two angles.

The first angle: What at Turkamani said in al Jawhar an Naqi, that the hadith has inconsistency in its chain and its wording, as has been mentioned earlier. (al Jawhar an Naqi with as Sunan al Kubra 4/231)

The second angle: That the ruling of the removal of fasting from the pregnant woman and the breastfeeding woman is the very same ruling as the removal of fasting from the traveller; there is no difference between them.

It is known that the removal of fasting from the traveller is only in the sense of obligating him to make it up when he breaks the fast, without any fidyah; so it is necessary that this be the ruling of the pregnant woman and the breastfeeding woman.

What Abdul Razzaq narrated from Ma’mar, from Ayyub, from Nafi, from Ibn Umar that he said: The pregnant woman, if she fears for herself in Ramadan, breaks the fast and feeds the poor and does not make up the fast. (al Musannaf of Abdul Razzaq 4/167–168; Sunan ad Daruqutni 3/199; al Muhalla 4/411)
What Imam Malik narrated, that it reached him that Abdullah ibn Umar was asked about the pregnant woman if she feared for her child and fasting was very hard for her, and he said: She breaks the fast and feeds in place of every day a poor person, a mudd of wheat by the mudd of the Prophet ﷺ. (al Muwatta 1/204; al Istidhkar 3/364; Ma’rifat as Sunan wal Athar 3/378)
What ad Daruqutni narrated through the route of Sufyan from Ayyub from Sa’id ibn Jubayr, from Ibn Abbas or from Ibn Umar that they both said: The pregnant woman and the breastfeeding woman break the fast and do not make up the days.

He also narrated it through the route of Abi Salih al Asbahani from Abi Mas’ud, from al Hajjaj, from Hammad, from Ayyub, from Nafi, from Ibn Umar with the wording: His wife asked him when she was pregnant, so he said: Break the fast and feed one poor person for every day and do not make up the days.

What Musaddad narrated through the route of Ibn Abi Arubah from Qatadah, from Azrah, from Sa’id ibn Jubayr, from Ibn Abbas that he said: The pregnant woman and the breastfeeding woman, if they fear, break the fast and feed and do not make up the days. (al Matali’ al Aliyah 6/102; Sunan Abi Dawud 2320; al Bahr az Zakhkhar of al Bazzar 11/227–228; al Muntaka of Ibn al Jarud 381; Tafsir Ibn Jarir 2/135; as Sunan al Kubra 4/230)

This proof has been discussed from two angles.

The first angle: That there is ‘an’anah of Qatadah in the chain, and he practised tadlis.

The second angle: That the wording of Rawh in Ibn al Jarud does not mention the lack of making up the days.

The wording of Rawh is: There was a concession for the elderly man and elderly woman who are able to fast, that if they wish they may break the fast and feed in place of every day a poor person, and they do not have to make up the days. Then this was abrogated in this verse:

فمن شهد منكم الشهر فليصمه

“So whoever among you witnesses the month must fast it.” (al Baqarah 185)

and that remained for the elderly man and elderly woman when they are not able to fast, and for the pregnant woman and the breastfeeding woman when they fear. They break the fast and feed in place of every day a poor person.

What Abdul Razzaq narrated from Ibn at Taymi, from his father, from Qatadah, from Sa’id ibn Jubayr, from Ibn Abbas that he used to order a slave girl of his who was pregnant to break the fast in the month of Ramadan, and he said: You are in the position of one who is elderly and does not have the ability to fast, so break the fast and feed in place of every day half a sa’ of wheat. (al Musannaf of Abdul Razzaq 4/168; Tafsir Ibn Jarir 2/136; Sunan ad Daruqutni 2/165–166; al Muhalla 6/263)

These reports from the companions about feeding the poor have been discussed by saying that they refer to the situation of fear for the child.

Some have made an analogy of the pregnant woman and breastfeeding woman with the very elderly man in that the making up of the days is dropped, and this has been discussed by saying that this analogy is not sound, because there is a difference between the one being compared and the one compared to him.

The one compared to, the very elderly man, there is no hope that his excuse will go away, in contrast to the one compared, which is the pregnant woman and the breastfeeding woman, because the removal of their excuse is certain.

The stronger view, and Allah knows best, is the saying that it is obligatory upon the pregnant woman and the breastfeeding woman to make up the days if they fear for themselves, because the proofs in this are clear, and by analogy with the one who is ill and the traveller, and there is no feeding the poor, and the reports from the companions about feeding the poor relate to the situation of fear for the child.

When They Fear for Their Children

If they fear for their children, such as the pregnant woman fearing miscarriage, and the breastfeeding woman fearing that her milk will decrease and the child will be harmed, the jurists, may Allah have mercy on them, have differed about what is upon the pregnant woman and the breastfeeding woman if they fear for the foetus or the child only, and they break the fast, and what is then obligatory upon them. There are a number of sayings.

Reasons for the difference of the jurists about the fidyah of the pregnant woman and the breastfeeding woman

The difference of the companions and the followers about them.
The hesitation about whether their case is closer to that of the one who is ill, or closer to that of the one for whom fasting is very hard such as the extremely elderly person. Those who said that only making up the days is upon them attached their case to that of the one who is ill, because of the common factor of fear for the self. Those who said that only feeding the poor is upon them attached their case to that of the extremely elderly person, because of the common factor of breaking the fast for an excuse that permits breaking the fast and is customary, which is the weakness of the self from fasting by nature, not because of an illness. Those who said that both making up the days and feeding the poor are upon them attached them to the one who is ill from one angle, and to the extremely elderly person from another angle. Those who distinguished between the pregnant woman and the breastfeeding woman attached the pregnant woman to the one who is ill, and kept the ruling of the breastfeeding woman as a combination of the ruling of the one who is ill and the ruling of the one for whom fasting is very hard. (Bidayat al Mujtahid 1/506)

The first saying: They must only make up the days, without kaffarah.

This is the madhhab of the Hanafis, and a narration from Imam Malik, and it is the saying of some of the Shafiis. (al Mabsut 3/100; Ahkam al Qur’an of al Jassas 2/253; Bada’i as Sana’i 2/98; Fath al Qadir 2/355–356; al Mudawwanah 1/210; al Qawanin al Fiqhiyyah p.92; al Muntaka 2/71; al Umm 2/114; al Hawi al Kabir 3/437; al Majmu 6/395)

In al Majmu it says: Ata ibn Abi Rabah, al Hasan, ad Dahhak, an Nakha’i, az Zuhri, Rabiah, al Awza’i, Abu Hanifah, ath Thawri, Abu Ubayd, Abu Thawr and the companions of opinion said: They break the fast and make up the days and there is no fidyah, just like the one who is ill. (al Istidhkar 10/222; al Hawi al Kabir 3/437; al Majmu 6/395; Nail al Ma’arib 1/424; al Mughni 3/38)

Ibn al Mundhir (d. 318 AH) said the same. (al Iqna’ of Ibn al Mundhir p.125; al Majmu 6/395)

In al ‘Inayah it says: The pregnant woman and the breastfeeding woman, if they fear for themselves or their children, break the fast and make up the days to remove hardship, and there is no kaffarah upon them, because this is breaking the fast for an excuse, so there is no fidyah upon them. (al ‘Inayah 3/320)

The second saying: It is obligatory upon them to make up the days and to feed the poor.

This is one saying among the Malikis, and it is the madhhab of the Shafiis and the Hanbalis. (al Mudawwanah 1/279; al Muntaka Sharh al Muwatta 2/72; al Umm 2/113–114; al Bayan 3/473; Fath al Aziz 6/460; al Hawi al Kabir 3/436; Rawdat at Talibin 2/383; Mughni al Muhtaj 1/440; al Mustaw’ab 3/386; al Mughni 4/347; al Muharrar 1/230; at Tawdih 1/449; Ma’unat Uli an Nuha 3/35; Matali’ Uli an Nuha 2/138)

Ash Shafi’i said: The pregnant woman and the breastfeeding woman, if they fear for their children, break the fast, and it is upon each of them to make up the days and to give charity for every day to one poor person, a mudd of wheat. (al Hawi al Kabir 3/436)

They also defined that this fidyah is specific to Ramadan and not to any other obligatory fast from kaffarah or a specified vow.

Among the Hanbalis: Al Majd in his Sharh, followed by the author of al Furu’, said: If the child of the breastfeeding woman accepts the breast of another woman, and she is able to hire one for him, or the child has wealth from which a wet nurse can be hired, then she must do that and fast; otherwise she has the concession to break the fast. That is perhaps what is meant by those who speak generally. (Nayl al Ma’arib 1/424)

This is the choice of Shaykh al Islam Ibn Taymiyyah (d. 728 AH) and Ibn al Qayyim (d. 751 AH). (Nayl al Ma’arib 1/424)

The third saying: They feed one poor person for every day and do not make up the days.

This is the saying of Sa’id ibn Jubayr, Sa’id ibn al Musayyab and Ishaq ibn Rahwayh, and Ibn Wahb narrated it from Malik concerning the pregnant woman. (an Nasikh wal Mansukh of Abu Ubayd p.64; al Majmu 6/295; Hilyat al ‘Ulama 3/177; al Mughni 3/38; al Furu’ 3/34–35; ‘Umdat al Qari 8/320)

The fourth saying: The pregnant woman breaks the fast, makes up the days and has no fidyah upon her, and the breastfeeding woman breaks the fast, makes up the days and gives fidyah.

Malik said regarding the breastfeeding woman: If the child does not accept other than his mother, then she breaks the fast, makes up the days and feeds for every day one mudd. (al Mudawwanah 1/210)

Az Zaraqani said: This is the well known of his sayings. (Sharh az Zaraqani ‘ala al Muwatta 2/192)

Al Layth said the same, and it is a saying among the Shafiis. (al Mughni 3/38; Mukhtasar Ikhtilaf al ‘Ulama 2/17; al Hawi al Kabir 3/436; Fath al Aziz 6/460; al Majmu 6/295)

Malik said: Regarding the breastfeeding woman, if the child accepts a woman other than his mother from the wet nurses, and she is able to hire one for him, or the child has wealth from which a wet nurse is hired, then she must fast.

In al Mudawwanah it says: I said: What about the pregnant woman and the breastfeeding woman if they fear for their children and break the fast? He said: The breastfeeding woman feeds, breaks the fast and makes up the days if she fears for her child.

Malik said about the pregnant woman: There is no feeding the poor upon her, but when she becomes healthy and strong she makes up what she broke.

I said: What is the difference between the pregnant woman and the breastfeeding woman? He said: Because the pregnant woman is in the ruling of one who is ill, and the breastfeeding woman is not in the ruling of one who is ill. (al Mudawwanah 1/278)

They also defined that this fidyah is specific to Ramadan and not to any other obligatory fast from kaffarah or a specified vow.

The fifth saying: There is neither making up of the days upon them, nor kaffarah.

This is the madhhab of Ibn Hazm (d. 456 AH). (Bada’i as Sana’i 2/102–1023; an Nasikh wal Mansukh p.67; al Mabsut 3/99–100)

Ibn Hazm said: If the breastfeeding woman fears for the one she is breastfeeding a decrease of milk and his loss because of that, and he has no other nurse, or he does not accept the breast of another, or the pregnant woman fears for the foetus, or the elderly man is unable to fast because of his old age, they all break the fast and there is no making up of the days upon them and no feeding the poor.

If they break the fast because of an illness that comes upon them, then it is upon them to make up the days. When fasting has fallen away from them, to make the obligation of making up the days upon them would be legislation that Allah has not permitted, and Allah has not made the making up of the fast obligatory except upon the one who is ill, the traveller, the menstruating woman, the woman in nifas, and the one who vomits deliberately only; and whoever transgresses the limits of Allah has wronged himself. (al Muhalla 6/263; 4/411)

He also said: When fasting has fallen away from them, to make the obligation of making up the days upon them would be legislation that Allah has not permitted; and Allah has not made the making up of the fast obligatory except upon the one who is ill, the traveller, the menstruating woman, the woman in nifas, and the one who vomits deliberately only; and whoever transgresses the limits of Allah has wronged himself. (al Muhalla 4/411)

Proofs for the first saying

First: Their proof for the obligation of making up the days is what has already been mentioned of proofs in the previous issue.

Second: Their proof for the absence of the obligation of feeding the poor:

His saying, the Exalted:

فمن كان منكم مريضا أو على سفر فعدة من أيام أخر

“So whoever among you is ill or on a journey, then a number of other days must be made up.” (al Baqarah 184)

Al Kassani (d. 587 AH) said: He made making up the days obligatory upon the one who is ill. Whoever adds feeding the poor to that has added to the text, and that is not permissible except with proof.

Moreover, when He did not make anything other than that obligatory, it shows that this is the whole of the ruling for this case, because delaying clarification beyond the time of need is not permissible; and we have mentioned that what is meant by illness is every state which brings them into the ruling of one who is ill. (Bada’i as Sana’i 4/225)

This line of reasoning has been discussed: that the analogy of the pregnant woman and the breastfeeding woman with the one who is ill and the traveller is reasoning with the implied meaning, and we are using the explicit wording of His saying:

وعلى الذين يطيقونه فدية طعام مسكين

“And upon those who are able to fast, but with hardship, is a ransom: feeding one poor person.” (al Baqarah 184)

and they are able to fast.

The answer is that the verse has been abrogated. The reply to this is that the abrogation is specific to those other than the pregnant woman and the breastfeeding woman, because of the statement of Ibn Abbas: The verse remains for the pregnant woman and the breastfeeding woman when they fear. (Tafsir Ibn Jarir 2/135; Sunan Abi Dawud 2318)

When the explanation of a companion conflicts with the explanation of others, the explanation of the companion is given preference, especially when there is no companion who differs from him. (al Mughni 3/39; ash Sharh al Mumti’ 6/348)

The hadith of Anas ibn Malik al Ka’bi that has preceded.

The way they use it as proof is that the Messenger of Allah ﷺ joined the traveller with the pregnant woman and the breastfeeding woman in the ruling of the removal of fasting from them, and the thing removed from the traveller is the performance of the fast during travel, and it is obligatory upon him to make up the days.

Thus the removal of fasting from the pregnant woman and the breastfeeding woman during pregnancy and breastfeeding means they must make up the days afterwards, and there is no fidyah upon them, just as there is no fidyah upon the traveller and the one who is ill.

Thus the apparent sense of the report is that all the rulings of the fast, of both kaffarah and making up the days, are removed except what an independent proof establishes, which is making up the days. (al Hawi al Kabir 3/437)

This line of reasoning has been discussed from two angles.

The first angle: That the hadith does not provide proof in the way used, because the falling away of the obligation of fasting does not imply the falling away of kaffarah. Do you not see that the extremely elderly person, if the obligation of fasting falls away from him, kaffarah is still obligatory upon him. (al Hawi al Kabir 3/437; Ahkam al Fidyah fi as Salah was Siyam p.234)

The intended meaning of the removal of fasting in the hadith is its removal during the time of their excuse, which is the period of pregnancy and breastfeeding. (al Mughni 3/38; Ahkam al Fidyah fi as Salah was Siyam p.342)

The second angle: That the absence of mention of a ruling in one proof does not indicate that the ruling is not established by another proof. Do you not see that making up the days is obligatory upon them according to those who use this proof, yet the proof they mention does not refer to making up the days; and this case is like that.

What has come from Ibn Abbas that he said: The pregnant woman and the breastfeeding woman break their fast in Ramadan, and they make up the fast and do not feed the poor.
What has been reported from Ali that he said: It is upon them to make up the days if they break the fast, and there is no fidyah upon them.
That the fidyah is legislated as a substitute for the fast, and to combine the substitute with the original is not correct. It is a substitute that is not understood by reason, rather it is established by text in the case of those who cannot fast, so it is not correct in the case of those who can fast. It is also not correct that it should be obligatory because of the child, because fasting is not obligatory upon the child, so how can what is a substitute for it be obligatory on his behalf. It is also not correct that it be obligatory from the wealth of the child; if it were on his behalf, it would be obligatory from his wealth, as is the case with his maintenance, and it would multiply with the multiplicity of children. (al Mabsut 3/100)
That Allah has named this food a fidyah, and the fidyah is something that stands in place of something else and suffices in its place. It is not correct, in the original ruling, that making up the fast and the fidyah would be combined; because if making up the fast is obligatory, it has taken the place of the fast that was missed, so the fidyah cannot be that which replaces it. If the fidyah replaces the fast, then making up the fast is not obligatory, because the fidyah has sufficed in its place. (Ahkam al Qur’an of al Jassas 1/181)
The excuses that permit breaking the fast are of two groups. One group makes making up the days obligatory and drops the fidyah, like travel and illness. Another group makes fidyah obligatory and drops making up the days, like the case of the extremely elderly person. As for the coming together of both rulings because of one excuse, that is contrary to the normal pattern of the Sharia. (al Hawi al Kabir 3/437; Ahkam al Fidyah fi as Salah was Siyam p.342)
The child is joined to his mother like one of her limbs, so she takes the ruling of the one who is ill.
It is breaking the fast that is permitted because of an excuse, so no kaffarah is obligatory for it, just as in the case of breaking the fast for illness and travel. (al Mughni 3/38)

This analogy has been criticised: It is not sound, because the one who is ill is in a lighter position than them; he breaks the fast because of his own self, whereas in this case breaking the fast is because of another.

Al Muzani from the Shafiis said: If the one who eats deliberately is not obliged to offer kaffarah, while he is sinful and disobedient, then the pregnant woman and the breastfeeding woman, who are neither sinful nor disobedient, are even more clearly not required to offer kaffarah. (al Hawi al Kabir 3/437)

This has been discussed by saying that kaffarahs are not judged by the abundance of sins and disobedience, rather their wisdom is with Allah, the Exalted. Do you not see that apostasy in Ramadan is more serious than intercourse, yet there is no kaffarah in it. (al Hawi al Kabir 3/438)

That the lawgiver joined the traveller with the pregnant woman and the breastfeeding woman, and it is known that the traveller is only obligated to make up the days without kaffarah. The same applies to the pregnant woman and the breastfeeding woman.

Proofs for the second saying

His saying, the Exalted:

فمن كان منكم مريضا أو على سفر فعدة من أيام أخر

“So whoever among you is ill or on a journey, then a number of other days must be made up.” (al Baqarah 184)

The verse indicates that making up the days is obligatory.

His saying, the Exalted:

وعلى الذين يطيقونه فدية طعام مسكين

“And upon those who are able to fast, but with hardship, is a ransom: feeding one poor person.” (al Baqarah 184)

The way they use this verse as proof is that they say: The pregnant woman and the breastfeeding woman are among those who are able to fast, so by the apparent meaning of this verse, feeding the poor is obligatory upon them. (al Mughni 3/38; al Hawi al Kabir 3/437)

Some have narrated from the Prophet ﷺ: “The pregnant woman and the breastfeeding woman, if they fear for their children, break the fast and offer fidyah.” Ibn Hajar said: This hadith, with this wording, is not known.

This proof has been discussed from two angles.

The first angle: What has come from Ibn Abbas that he said about His saying, the Exalted:

وعلى الذين يطيقونه فدية طعام مسكين

“It was a concession for the extremely elderly man and extremely elderly woman who are able to fast that they may break the fast and feed in place of every day a poor person.”

Abu Dawud said that he said: The verse remains for the pregnant woman and the breastfeeding woman. (Sunan Abi Dawud 2318; Tafsir Ibn Jarir 2/139)

According to this, the verse does not show the obligation of kaffarah upon the pregnant woman and the breastfeeding woman, because the ruling of the verse is specific to those mentioned in the words of Ibn Abbas, and the kaffarah is obligatory upon those who are not able to fast.

The answer to this is that the reports from Ibn Abbas in this matter differ.

The second angle: That the verse cannot be used as proof for the obligation of kaffarah upon them, because Allah said afterwards:

وأن تصوموا خير لكم

“But to fast is better for you.” (al Baqarah 184)

It is clear that this is an address connected with what is in the beginning of the verse, and it is not their ruling, because if the pregnant woman and the breastfeeding woman fear harm, then fasting is not better for them; rather, it is forbidden for them to fast. If they do not fear harm for themselves or their children, then it is not permissible for them to break the fast. So this shows clearly that they are not the ones intended by the verse.

That Ibn Abbas said about His saying, the Exalted:

وعلى الذين يطيقونه فدية طعام مسكين

” For those who can only fast with extreme difficulty,² compensation can be made by feeding a needy person ˹for every day not fasted˺.” (Baqarah 184)

“It was a concession for the extremely elderly man and extremely elderly woman who are able to fast that they may break the fast and feed in place of every day a poor person, and the pregnant woman and the breastfeeding woman, if they fear for their children” – Abu Dawud said: meaning for their children – “break the fast and feed.” He said: “The verse remains for the pregnant woman and the breastfeeding woman.” (Sunan Abi Dawud 2318; Tafsir Ibn Jarir 2/139)

Abu Dawud narrated and said: Musa ibn Isma’il narrated to us, Aban narrated to us, Qatadah narrated to us that Ikrimah narrated to him that Ibn Abbas said: “The verse was confirmed for the pregnant woman and the breastfeeding woman.” (Sunan Abi Dawud 2318; Tafsir Ibn Jarir 2/139; as Sunan al Kubra 4/230)

Ibn Qudamah said: The verse entails feeding the poor and does not mention making up the days, so we took making up the days from another proof. (al Mughni 3/38; ash Sharh al Mumti’ 6/360)

What has preceded from Ibn Umar of reports showing the obligation of fidyah upon the pregnant woman and the breastfeeding woman.

Ibn Qudamah said: There is no known companion who disagreed with them.

Ibn al Qayyim said: Ibn Abbas and others of the companions gave a legal opinion concerning the pregnant woman and the breastfeeding woman, if they fear for their children, that they break the fast and feed in place of every day a poor person, making feeding stand in place of fasting.

This proof has been discussed from two angles.

The first angle: That there are reports from Ibn Abbas that differ with this. Al Khattabi said: The madhhab of Ibn Abbas is that the concession remains for the pregnant woman and the breastfeeding woman. Ibn Hajar said: As for the fidyah, the preserved words about it are from Ibn Abbas. (Ma’alim as Sunan 3/208; at Talkhis al Habir 1/221)

The second angle: That this is carried upon recommendation, not obligation, because of the proofs of the first saying.

That breaking the fast here is a benefit obtained for a self that is incapable of fasting by nature, not because of illness, and so the fidyah is obligatory, like the case of the extremely elderly man. The benefit here is for two persons, the woman and her child. Because of the benefit for her own self, making up the days is obligatory; and because of the benefit for her child, breaking the fast is permitted. (al Mabsut 3/100; al Hawi al Kabir 3/437; al Mughni 3/38)

This proof has been discussed by saying that it is, in summary, an analogy with the extremely elderly man.

Ibn al Humam said: Analogy is not permissible here, because the legislation of fidyah is contrary to analogy; no resemblance is intelligible between fasting and feeding such that one is placed in the position of the other.

Therefore, basing analogy on it is not correct, because the elderly man is first obligated to fast by the general texts, then he moves to fidyah because of his inability to fast. The child, however, is not obligated to fast at all; fasting is obligatory upon his mother.

She has not been legislatively moved from fasting to a substitute such as fidyah; rather she has only been permitted to delay fasting out of mercy for the child, to a substitute which is making up the days, in contrast to the elderly man, for whom there is no making up of the days, and fidyah replaces fasting in his case. (Fath al Qadir 2/272)

That fasting is an act of worship in which, when it is invalidated, both making up the days and the greater kaffarah can be obligatory. Thus it is possible that both making up the days and the lesser kaffarah be obligatory, like in the case of Hajj. (al Muntaka of al Baji 2/71)

This proof has been discussed by saying that, in summary, the pregnant woman and the breastfeeding woman are not required to pay fidyah because they have violated the sanctity of worship, but rather for another reason, which is the permission for them to break the fast because of fear for the child, unless it is meant from another angle: the weakness of the excuse that permits breaking the fast and their ability to make up the days. Because they are able to make up the days, making up the days is obligatory upon them, like the menstruating woman and the woman in nifas.

Because breaking the fast here is a benefit obtained for two persons, it is more deserving of kaffarah than where it is for one.

Because it is breaking the fast by an excuse, making up the days alone is not sufficient, unlike the one who is ill and the traveller, because breaking the fast of each of them is for his own self; the excuse is not detached from them, the pregnant woman and the breastfeeding woman, when they fear for their children; in that situation the excuse is detached from them and attached to the benefit of another. (al Bayan 3/474)

Because in the case of fear for the child, the excuse is detached from them and attached to the benefit of another, making up the days and feeding the poor together are both obligatory upon them, like the one for whom fasting is very hard.

This proof has been discussed by saying that the completion of the deficiency is obtained by making up the days in their case, so there is no need for feeding the poor.

When They Fear for Themselves and Their Children Together

The ruling in this topic is the ruling of the first topic, giving precedence to the side of the mother. This is the madhhab of the majority of the jurists, as has preceded in the first topic, and the sayings of the people of knowledge and their proofs have already been mentioned.

An Nawawi said: Our companions said: The pregnant woman and the breastfeeding woman, if they fear from fasting for themselves, break the fast and make up the days, and there is no fidyah upon them, just as in the case of the one who is ill, and all of this is an issue in which there is no disagreement. If they fear for themselves and their children together, then likewise without disagreement. (al Majmu 6/256)

A Related Case: Pregnant or Breastfeeding While Also Travelling or Ill

An Nawawi said: If the breastfeeding woman and the pregnant woman are travelling or ill and break the fast intending to use the concession of illness or travel, then there is no fidyah upon them without disagreement.

If they do not intend the concession, but break the fast out of fear for the child and not for themselves, then in the obligation of fidyah there are two views, like the two views regarding the traveller who has intercourse without intending the concession.

This is how al Baghawi and others have mentioned it. The more correct view concerning the traveller is that no kaffarah is upon him, and we shall explain that, if Allah wills. Likewise, the more correct view here is that no fidyah is upon them, and this is also the case if they were not intending anything specific. (al Majmu 6/256)

Does the Fidyah Multiply with the Multiplication of Children

An Nawawi said: If we obligate them to give fidyah, does it multiply with the multiplication of children? There are two methods of presentation in the madhhab.

The more correct, which al Baghawi has decisively stated, is that it does not multiply. The second method is that there are two sayings, which ar Rafi’i has mentioned.

The madhhab among the Shafiis is that it does not multiply. Ar Ramli said: The fidyah does not multiply with the multiplication of children, because it is in place of the fast, in contrast to the aqiqah, because it is a ransom for each child. (Nihayat al Muhtaj 3/195)

On Whom Is the Fidyah of the Pregnant Woman and the Breastfeeding Woman

The jurists who say that the fidyah of the pregnant woman and the breastfeeding woman is obligatory have differed about on whom this fidyah is obligatory.

The first saying: It is obligatory upon the pregnant woman and the mother who breastfeeds, from their own wealth.

This is the saying of the Shafiis and a narration among the Hanbalis. Among the Shafiis, even if the breastfeeding woman is hired, the fidyah is upon her. Ibn Aqil (d. 513 AH) said: It is possible that it is upon the mother, and this is more fitting, because the child follows her, and for that reason there is one kaffarah only. (al Insaf 7/383)

Their proof is that this is the apparent sense of what has been narrated from the companions, and that the child follows the mother.

The second saying: It is divided between the mother and the one upon whom the maintenance of the child is obligatory from the relatives, or from the wealth of the child.

This is a narration among the Hanbalis. Their proof is that the concession is for both of them. (al Insaf 7/384)

The third saying: The fidyah is upon the one who maintains the child.

This is the correct view in the Hanbali madhhab. Their proof is that the concession is for the benefit of the child. (al Insaf 7/383)

Al-Jami’ li Ahkam as Siyam by Khalid bin Ali al-Mushayqih (1/581–610)

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ISHAQ. K

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Summary

Fasting Rulings for Pregnant Women

General Principle and Basic Concession

When the Pregnant Woman Fears for Herself

When the Pregnant Woman Fears for Her Child Only

Reasons for the Ikthilaaf (Differing)

First Saying: Only Making Up the Days, No Fidyah

Second Saying: Making Up the Days and Feeding One Poor Person per Day

Third Saying: Feeding the Poor Only, No Making Up the Days

Fourth Saying: Pregnant Woman Makes Up the Days Only, Breastfeeding Woman Makes Up and Feeds

Fifth Saying: Neither Making Up the Days nor Fidyah

When the Pregnant Woman Fears for Herself and Her Child Together

Pregnant Woman Who Is Also Travelling or Ill

Fidyah (The Mandatory Charitable Compensation) and Multiple Children

Who Must Pay the Fidyah

Full Article

Fasting of the Pregnant and Breastfeeding Woman

When They Fear for Themselves

Proofs for the first saying

Proofs for the second saying

When They Fear for Their Children

Reasons for the difference of the jurists about the fidyah of the pregnant woman and the breastfeeding woman

Proofs for the first saying

Proofs for the second saying

When They Fear for Themselves and Their Children Together

A Related Case: Pregnant or Breastfeeding While Also Travelling or Ill

Does the Fidyah Multiply with the Multiplication of Children

On Whom Is the Fidyah of the Pregnant Woman and the Breastfeeding Woman

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