A deceased owes 8 days for Ramadhan 1439 H and 2 days for Ramadhan 1438 H. If it is permissible for the heir to replace the fast for 1439 H, is it also permissible for the heir to replace the fast for 1438 H. And how much is the fidyah for skipping a year?
Waalaikumussalam wrt, wbt.,
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
It is permissible for the heir to replace the 2 remaining days for the year 1438 H according to the general permissibility on the matter. However, fidyah is wajib which is a mudd for each missed day of fasting because the deceased skipped a year in replacing the fast. It is stated in al-Mu`tamad fi al-Fiqh al-Syafie (2/202) by Syeikh Muhammad al-Zuhaili:
“If it is obligated for a person to fast and he missed his fast until one Ramadhan passes, then he has to replace his fast before the start of another Ramadhan, then he dies, thus, two mudd (of the staple food) is obligated on him from his inheritance; one mudd for missing his fast and one mudd for delaying replacing the fast. If his heir fast on his behalf (then the fast is sufficient) and only the fidyah for the delay is wajib, the same if he is still alive; replacing the fast and fidyah is wajib.”
To conclude, it is permissible for the heir to replace the remaining two days from the year 1438 H and pay two mudd of fidyah taken from the inheritance of the deceased. If the deceased left no inheritance, then it is permissible for the heir to use his own property to settle the owed fast of the deceased. Wallahua’lam.