Book of Namaz

enjoin it. In the Hanafî Madhhab as well, the walî 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 fulfill it. For it is a commandment
of Islam. If he did not enjoin (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 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.
In lieu of wheat, flour, one sâ’ of barley, dried dates or raisins
can be calculated and given for the isqât of kaffârat. [Because
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