5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

fidya out of that property. It is written in Fath-ul Qadîr that, if it
does not suffice, the heir can donate the deficit of the one-third.
Likewise, if the deceased person enjoined in his will the
performance of the hajj which was fard for him, it is not
acceptable for his heir or someone else to present the money
for hajj. If he does not enjoin it before dying and if his heir
performs the isqât or the hajj with his own money, his debt of
hajj will have been paid. Some (savants) say that these things
are not permissible with the money of someone other than the
heir. But the authors (rahmatullâhi ta’âlâ ’alaihim ajma’în) of the
book Durr-ul mukhtâr, Marâqil-falâh and Jilâ-ul qulûb said
that they are permissible.
Only in the Hanafî Madhhab; in lieu of wheat, flour, one sâ’
of barley, dates or grapes can be calculated and given for the
isqât of kaffârat. [Because these things are more valuable than
wheat, they are more useful to the poor]. Instead of any of
these, gold or silver of the same value can be given. It is
permissible for (people belonging to one of) the other three
Madhhabs to imitate the Hanafî Madhhab. [The isqât cannot be
performed with paper money]. It is not necessary to give fidya
for sajda-i tilâwat.
If the money to be given for fidya exceeds one-third of the
property, the walî cannot spend more than the one-third without
the inheritors’ consent. It is written in the book Qunya that if the
deceased had debts, it is not permissible to carry out his will
even if his creditors give approval for the fulfilment of the will.
For, the Sharî’a commands that the debts must be paid first.
Paying the debt cannot be postponed with the creditor’s
consent. In case it is not known at what age the person who
enjoined the isqât of all his prayers of namâz died, his will is
acceptable when one-third of the property he has left does not
suffice for the isqât of his prayers of namâz. If one-third of the
property equals and even exceeds (the amount to be spent for)
the isqât, his will is not acceptable; it becomes invalid. For,
when the one-third does not suffice for the isqât, the number of
the prayers of namâz for which the isqât is to be performed with
the one-third will be known, and so his will will be sahîh (valid)
for those prayers of namâz; and (the part of) his will concerning
his remaining prayers of namâz will become laghw, that is,
empty words. When the one-third is in excess, his lifetime, and
hence the number of his prayers of namâz, will not be known,
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