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5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

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performed today are incompatible with the Sharî’a” instead of<br />

being opposed to isqât and dawr, they would be doing well, and<br />

we would be supporting them; by saying so, they would both be<br />

safe against a great danger and be serving Islam. Ibn Abidîn<br />

explains how to perform isqât and dawr as prescribed by the<br />

Sharî’a at the end of the subject about the namâz of qadâ.<br />

If a person has fâita salât, [that is, prayers of salât which he<br />

left to qadâ because he could not perform them for some ’udhr],<br />

and if he has still not performed them even with signs though he<br />

could have, it is wâjib for him to enjoin in his will that the isqât<br />

should be done for their kaffârat when he is about to die. But he<br />

does not have to enjoin the isqât if he has not had the power to<br />

perform them. Likewise, if a musâfir or a sick person who did<br />

not fast in Ramadân-i sherîf dies before having time to make<br />

qadâ, he does not have to enjoin the isqât. Allâhu ta’âlâ will<br />

accept the ’udhrs of such people. [The isqât for a sick person’s<br />

kaffârat is performed by his walî after his death. It is not<br />

performed before he dies. It is not permissible for a living<br />

person to have the isqât performed for himself. It is stated in the<br />

Shâfi’î book Anwâr, “It is not wâjib according to the Shâfi’î<br />

Madhhab to give fidya for the prayers of namâz omitted by a<br />

dead Muslim. The fidya given, if any, will not stand for isqât.”<br />

Imâm-i-birgivî ‘rahmatullâhi ta’âlâ ’aleyh’, a Hanafî scholar,<br />

states in his book Jilâ-ul qulûb that if a person owes debts to<br />

Allâhu ta’âlâ or to people it is wâjib for him to say his will in the<br />

presence of two witnesses or to read to them what he has<br />

written. And (to say or write) a will is mustahab for a person<br />

without debts].<br />

For the isqât of kaffârat, the deceased person’s walî, that is,<br />

the person to whom he has instructed to distribute his property<br />

to the appropriate places, or his heir, gives alms as much as the<br />

fitra amount, that is, half a sâ’ [five hundred and twenty dirhams<br />

or seventeen hundred and fifty grams] of wheat for each prayer<br />

of salât and the same amount for each salât of witr and the<br />

same amount for a day’s fasting for which qadâ is necessary,<br />

as fidya to the poor [or to their deputy], from the third part of this<br />

property.<br />

If the deceased person did not enjoin in his will that the isqât<br />

of kaffârat be done, his walî does not have to perform the isqât<br />

of kaffârat in Hanafî Madhhab. It is stated in Naf’ul-anâm fî<br />

isqât-is-salâti wa-s-siyâm, a book (written by scholars) in<br />

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