Breaking Sawm in Ramadan for a shepherd

Q: A man observed Sawm (Fast) fifteen days of Ramadan only, justifying his deed by being a hired shepherd. Asking a person who claims to be a knowledge seeker, he was given a Fatwa (legal opinion) by the latter that he should give in charity a quarter dinar for each day he missed to fast. In issuing this Fatwa, he cited the following Ayah (Qur'anic verse): And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskîn (poor person) (for every day). I witnessed the dialogue between the inquirer and the answerer.

A: First: It is permissible for a shepherd not to observe Sawm in Ramadan only in case of being forced by severe hunger, where he can just have what maintains his life and then abstain from having anything else until Maghrib (sunset). He must make up for the days he missed later.Second: With regard to the answer given by the person he asked that he should give in charity a quarter dinar for each day he missed to fast, this is incorrect. Rather, he should make up for these days because Allah (Exalted be He) says: O you who believe! Observing As-Saum (the fasting) is prescribed for you as it was prescribed for those before you, that you may become Al-Muttaqûn (the pious - See V.2: 2). [Observing Saum (fasts)] for a fixed number of days, but if any of you is ill or on a journey, the same number (should be made up) from other days. And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskîn (poor person) (for every day). But whoever does good of his own accord, it is better for him. And that you fast is better for you if only you know. The month of Ramadan in which was revealed the Qur’ân, a guidance for mankind and clear proofs for the guidance and the criterion (between right and wrong). So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Saum (fasts) that month (Part No. 10; Page No. 229) It was stated by Imam Ibn Jarir (may Allah be merciful to him) after he had quoted a number of exegeses regarding Allah's saying: And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskîn (poor person) (for every day). That the most preponderant opinion regarding the exegesis of the Ayah is that of who opined that And as for those who can fast with difficulty, (e.g. an old man), they have (a choice either to fast or) to feed a Miskîn (poor person) (for every day). Is abrogated by Allah's saying: So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Saum (fasts) that month This is because the Ayah: And as for those who can fast with difficulty should read: And as for those who can observe Sawm is a Fidyah (ransom), which is feeding one Miskin (needy) person. When given that and when knowing that the whole Muslim community agree unanimously that it is obligatory for a resident healthy man who is not traveling to observe Sawm in Ramadan, then it is not permissible for such a person not to observe Sawm in this month and, in place of this, feed a Miskin for each day. Accordingly, this denotes that the Ayah is abrogated.Furthermore, this opinion can be substantiated by the reports that we have mentioned previously about Mu`adh ibn Jabal, Ibn `Umar and Salamah ibn Al-Akwa` that after the revelation of the above-mentioned Ayah during the lifetime of Allah's Messenger (peace be upon him) regarding observing Sawm during the month of Ramadan, they had the choice either to observe Sawm and thus be exempted from paying Fidyah or not to observe Sawm and offer Fidyah through feeding a needy person for each day on which they do not observe Sawm. They used to choose the latter option until the following Ayah was revealed: So whoever of you sights (the crescent on the first night of) the month (of Ramadan i.e. is present at his home), he must observe Saum (fasts) that month Upon this, they deemed it (Part No. 10; Page No. 230) obligatory to observe Sawm in Ramadan and deemed the choice of offering Fidyah as abrogated.May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.