5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

Shâfi’î Madhhab: “Bâjûrî [1] states in his explanation of Ibni
Qâsim’s explanation of Abû Shûjâ: Fidya is not given for the
prayers of namâz missed by the deceased person. There is yet
another report saying that it is given. It will be good to do isqât
for them by imitating Hanafî Madhhab. According to an earlier
report in Shafi’î Madhhab, the deceased person’s walî
(guardian) makes qadâ of the prayers of namâz and fasts
missed by the deceased person.” In all the (four) Madhhabs, the
guardian has to pay the deceased person’s debts to creatures
(people) from the property he has left behind even if the
deceased did not enjoin it in his last request. In fact, the
creditors may appropriate their dues without a law court
decision if they can obtain the property. If he enjoined the fidya
for the fasts he had left to qadâ, i.e. that they must be paid by
giving property, it is wâjib to fulfil it. For it is a commandment of
the Sharî’at. If the deceased person did not enjoin it, his
inheritor can perform it with his own property. If he enjoined (the
payment for) namâz (which he had missed), it is permissible,
but not wâjib, to give fidya for it. Even if these last two
performances are not accepted (by Allâhu ta’âlâ), they will at
least produce thawâb of alms, which in turn will help
forgiveness for the deceased person’s sins. Hadrat Imâm-i-
Muhammad also said so. It is written in Majma’ul-anhur, “If a
person, being deceived by his nafs and the shaytân, did not
perform his prayers of salât and then, towards the end of his
life, became penitent [and began to perform his daily prayers of
salât and make qadâ of the past ones], it is written in Mustasfâ
that it is permissible for this person to enjoin the isqât for his
prayers of salât which he has not been able to make qadâ of.”
It is written in Jilâ ul-qulûb: “Other’s rights include debts to
be paid, dues resulting from practices such as consignment,
extortion, theft, employment and purchase, physical rights
proceeding from acts of encroachment such as battery, injury
and unjust employment, and spiritual rights ensuing from acts of
wrongdoing such as blackguardism, mockery, backbiting and
slander.
If one-third of the property of the deceased person who has
made a will suffices for the isqât, the guardian has to give the
[1] Bâjûrî Ibrâhîm was a professor in Jâmi’ul az-har. He passed away in
1276 [A.D. 1859].
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