Book of Namaz

second poor person, after saying, ‘I take and accept them,’ gives
them to a third poor person by saying, “I give these to you the same
way.” Thus, dawrs must be done for prayers of namâz, for fasts, for
zakâts, for qurbâns, for sadaqa fitrs, for adak (votive offerings), for
(violated) human and all other creature rights. Fâsid and bâtil
buying, and selling are among (violated) human rights. It is not
permissible to do dawr for the kaffârats of an oath or fasting.
After the dawr is finished, the last poor person taking
possession of the gold coins shows kindness and presents them to
the walî of his own volition and of his own will. The guardian takes
them, saying, “I accept them.” If he (the poor person) does not
present them, they cannot be taken by force, for they are his own
property. The guardian gives these poor people some gold coins or
some paper money or some of the deceased person’s property and
presents the thawâb for the alms to the deceased person’s soul. A
poor person who is in debt or a child who has not reached puberty
must not join the dawr. For, it would be fard for him to pay his
debts as soon as he took possession of the gold coins. It would not
be permissible for him to give the gold coins to the next person for
the deceased person’s kaffârat instead of paying his debt. The
dawr would be acceptable, but he himself, let alone earning any
thawâb, would become sinful.
If a deceased person without any property, enjoined in his will
the performance of dawr, it is not wâjib for the walî 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 onethird
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 onethird
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 grown 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.”
– 182 –