𝗪𝗼𝗺𝗲𝗻'𝘀 𝗕𝗲𝗻𝗲𝗳𝗶𝘁𝘀 (44)

Do I need permission from my husband to make up missed fasts? ● If the husband is ABSENT (i.e. travelling, working the whole day, with another wife), the woman does not need to seek permission whatever the fast. ● If husband is PRESENT, then it is forbidden for a woman to fast without his permission. The proof for these two cases is the ḥadīth of Abū Hurairah raḍhiyallāhu ’anhu: that the Messenger of Allah ﷺ said: ((لاَ يَحِلُّ لِلْمَرْأَةِ أَنْ تَصُومَ وَزَوْجُهَا شَاهِدٌ إِلاَّ بِإِذْنِهِ)). “It is not permissible for a woman to fast without the permission of her husband when he is at home.” [Reported by Bukhari (5195) and Muslim (1026)] Imām An-Nawawi raḥimahullāh explained (Sharḥ Muslim (7/115)]: «هذا محمول على صوم التطوع والمندوب الذي ليس له زمن معين، وهذا النهي للتحريم صرح به أصحابنا، وسببه أن الزوج له حق الاستمتاع بها في كل الأيام، وحقه فيه واجب على الفور فلا يفوته بتطوع ولا بواجب على التراخي» “This (seeking permission) applies with voluntary and recommended fasts that do not have a specific time (as opposed to fasting Arafah, Ashooraa', etc), and this prevention indicates prohibition as has been stated by our companions (i.e. the Shaafi'iyyah), and the reason for this is that the husband has the right to enjoy her everyday, and fulfilling his right is an immediate obligation which must not be abandoned for voluntary or non-immediate obligatory [acts of worship].” ● Non-immediate obligatory fasting would include: 1. Fasting in fulfilment of a vow (as long as it's not constricted by time) 2. Repayment of missed Ramadhan fasts (as long as she doesn't delay it till Sha'ban) Al-Haytami rahimahullah stated: «ويحرم على الزوجة أن تصوم تطوعًا أو قضاءً موسعًا وزوجُها حاضرٌ إلا بإذنه، أو عِلْمِ رضاه» “It is forbidden for a wife to fast voluntarily or make up obligatory fasts which have an extended timeframe (i.e. Non-immediate) while her husband is present, except with his permission, or knowledge of his approval.” [تحفة المحتاج في شرح المنهاج] Similarly, Ibn Ḥajar mentioned [Fatḥul Bāri] that: «قوله إلا بإذنه في غير صيام أيام رمضان وكذا في غيره من الواجب إذا تضايق الوقت» “His saying (ﷺ) <Except with His permission> does not apply to Ramaḍhan fasts and obligatory fasts which have a limited timeframe.” NOTE 1: If a woman fasts without her husband's permission, what's correct is that her fast is valid, but she is sinful. NOTE 2: If the husband prohibits his wife from fasting obligatory fasts, she must not obey him in this.