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Fatwa CenterForgetfulness does not break consecutiveness of two-month expiation fast
Question
Someone who is fasting two consecutive months as an expiation for accidental killing broke his fast one day out of forgetfulness. Should he resume the required period of fasting or start the fast all over again?
Answer
All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
If someone forgetfully breaks a fast during a series of fasts that are required to be done consecutively, then this does not interrupt the consecutiveness that is required for the fasting of the two months provided that he makes up for that day continuously with the two months. This is according to the preponderant scholarly opinion, and it is the opinion adopted by Maliki scholars, as stated in Haashiyat Ad-Disooqi and Minah Al-Jaleel.
Hanbali scholars also hold that this consecutiveness is not broken by forgetfully breaking the fast. Unlike the Maliki scholars, Hanbali scholars have not stipulated that one should observe the day that they missed out of forgetfulness immediately after the two months. The Maliki view, however, is more substantiated because Allah has commanded the fasting of the respective two months in succession, and this command will not be fulfilled unless the person makes up for the day that he missed in conjunction with the two months that he has already started. This is the only way to maintain the required consecutiveness.
That forgetfulness does not break consecutiveness is supported by the Prophet’s saying: "Allah has forgiven my community for their mistakes, their forgetfulness, and what they do under duress." [Al-Bayhaqi] Forgetfulness is hard to avoid. Allah says (what means): {Allah does not charge a soul except [with that within] its capacity...} [Quran 2: 286]
Allaah Knows best.
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