5-Endless Bliss Fifth Fascicle - Hakikat Kitabevi

will the performance of dawr, it is not wâjib for the guardian to
do the dawr. It is wâjib for the dying person to will as much of
his property as sufficient for the isqât, provided that it shall not
be more than one-third of the inheritance. Thus, the isqât will be
performed without dawr being necessary. He will be sinful if he
enjoins that the dawr should be done with less than one-third of
his property while one-third of his property would suffice for the
isqât. It is written in the two hundred and seventy-third page of
the fifth volume of Ibn Âbidîn, “If a sick person has small
children or poor big children who will need his inheritance, who
have reached the age of puberty and who are pious, it is better
for him to leave his property to his pious children instead of
willing it for (the performance of) supererogatory pious deeds
and services.” The book Bezzâziyya writes in its discourse on
presents, “One should spend one’s property on pious deeds
and services instead of leaving it to one’s sinful children (if they
are so). For, it would mean to support sins. And one should not
give one’s sinful child money or property more than his
subsistence.”
If a person has numerous debts of salât, fasting, zakât,
qurbân and oath, it is not permissible for him to enjoin in his will
that dawr should be done with less than one-third of the
inheritance he leaves behind and that the rest of the property
should be spent on pious deeds such as reading Qur’ân alkerîm,
khatm-i tehlîl and mawlîd. A person who pays or takes
money for such religious services becomes sinful. It is
permissible to pay or take money to learn or teach (how to read)
Qur’ân al-kerîm. Yet it is not permissible for reading it.
It is not permissible for the inheritors or for any other person
to make qadâ of the deceased’s omitted prayers of namâz or
fasts. Yet it is permissible and even good to perform
supererogatory salât and fasts and to present the thawâbs to
the deceased’s soul.
It is permissible for the deputy appointed by the deceased to
make qadâ of the deceased’s debt of hajj with the deceased’s
money; this will relieve the deceased from his debt (of hajj). For,
hajj is a worship which is done both with body and with
property. Supererogatory hajj can always be performed on
someone else’s behalf. But the hajj which is fard can be
performed by a deputy only on behalf of a person who will not
be able to perform it in person till his death.
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