A man while making qadha of a fast which he had missed in Ramadhaan, made a wasiyyat that if he dies, the Fidyah of the fast should be paid.

Answer

If before keeping the qadha fast, the person did have an opportunity of fulfilling the qadha, but had not done so, then in the case mentioned by you, the Fidyah must be made. Only if the person did not gain an opportunity to keep the qadha, will Fidyah not be Waajib. For example, a person due to severe illness was unable to keep a fast in Ramadhaan. His sickness continued for a few days after Ramadhaan. There was not a single day without the severe illness, hence he was not able to keep the qadha. He died during this sickness. In this case the qadha is waived, and Fidyah is not Waajib. However, after the sickness, he recovered for a day or two, and had sufficient health/strength to keep the qadha, but he did not. In this case Fidyah is Waajib. Thus, if this person after making wasiyyat, fasts and dies during the fast, then it is Waajib to pay the Fidyah as he had made wasiyyat.

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