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Miftah-ul-Janna (Booklet for way to Paradise)

managed. For,

managed. For, (completion of) kaffârat will be valid only with the property donated by the heir. If a deceased commanded kaffârat for all his namâzes throughout his life, in his will, and yet if it is not known how long he lived, (that part of) his will becomes bâtil (null and void). However, if the one-third is less than the amount estimated to be enough for all his namâzes throughout his lifetime, he will have commanded that all the one-third should be given, in which case (that part of) his will have been made for a certain amount, wherefore (that part of) his will becomes sahîh (valid). “[Even if the deceased commanded in his will (that kaffârat should be made), it is not wâjib for the walî, [i.e. for the heir or the wasî (executor),] to donate so that kaffârat be made. It is wâjib for the deceased to leave behind him the amount of property one-third of which will suffice for his kaffârats and to command in his will that his kaffârats should be made with that one-third. If he commands that kaffârat should be done with a part of the one-third and the remainder should be donated to his inheritors or to other people, he will have overstepped the wâjib, which is a sinful act. For that matter, it is not sahîh to command that a part of the one-third be spent making dawr and the remainder be spent making khatms of Qur’ân al-kerîm and tehlîls. Moreover, it is not permissible to read (or recite) the Qur’ân al-kerîm in return for a payment. Both the person who pays and the one who accepts it will be sinful. Although it has been stated (by some scholars) that it is permissible to teach the Qur’ân al-kerîm in return for payment, no one, (i.e. no scholar,) has said that it is permissible to read (or recite) it (for payment). “If a deceased person commanded in his will that his namâzes, (i.e. those which he had not performed,) should be performed by his heir, it is not sahîh (valid) for the heir to make qadâ of his, (i.e. the deceased’s) namâzes. However, it is sahîh for a person to perform namâz or to fast and donate the thawâb that he earns as a gift to the deceased. It is not permissible for a person on his deathbed to pay fidya for his own namâzes.” Here we end our rendition from Ibni ’Âbidîn. Ahmad Tahtâwî ‘rahmatullâhi ’alaih’ states in his annotation to the (the book entitled) Merâq-il-felâh: It is stated in the Nass, (i.e. âyat-i-kerîmas and hadîth-i-sherîfs with clear meanings,) to perform isqât of fasts failed to perform (within their prescribed times) by paying fidya for them. “Since namâz is more important than fasting, the same rule applies for namâz,” is a statement – 160 –

unanimously made by Islamic savants. Therefore, the statement, “Isqat for namâz is something without foundation,” on the part of (a person who passes for) a man of religion is an acknowledgement of ignorance. It is a statement contradicting a scholarly consensus. If an invalid is unable to perform namâz even by making signs with his head as he lies, he does not have to command them in his will even if the namâzes that he cannot perform are fewer than the (daily) five namâzes. Likewise, if a person unable to fast on account of a (long-distance journey termed) safar or illness cannot find a time of iqâmat, (i.e. being settled at a place,) or good health long enough to make qadâ of debts of fast, he does not (have to) command their isqât in his will. Wasiyyat, (i.e. command in one’s will,) is viable also for (failures pertaining to) sadaqa-i-fitr, [1] wife’s means of subsistence, [2] felonies committed after having assumed ihrâm for hajj, [3] alms pertaining to votive offerings. [4] If a person died intestate, it is, inshâ-Allah, permissible for his heir or any other person to donate for him. If a (deceased) person commanded hajj in his will, his wakîl (deputy) goes on hajj from the deceased’s city or from a place one-third of the property that he left will afford, whereas the donator has the option to choose the place from where he will set off for hajj. It is not sahîh for anybody to fast or to perform namâz on behalf of a deceased person, whether for a fee or gratis. The hadîth-i-sherîf concerning this matter is mansûkh. [5] On account of the alms paid as a kaffârat, Allâhu ta’âlâ will forgive the debts of the deceased (pertaining to acts of worship). It is stated in the Shâfi’î book entitled Anwâr: “It is not wâjib for the deceased to pay fidya for the namâzes that he did not perform. If it is paid, it will not be isqât.” Muslims in the Mâlikî or Shâfi’î Madhhab perform dawr by imitating the Hanafî Madhhab. If the amount of the property which the deceased commanded in his will does not suffice for the kaffârat or if one-third of the property he left is not sufficient or if he died intestate, dawr is made so that isqât of all his debts can be accomplished with a little [1] See third chapter of fifth fascicle of Endless Bliss. [2] See eighth chapter of sixth fascicle of Endless Bliss. [3] See seventh chapter of fifth fascicle of Endless Bliss. [4] See fifth chapter of fifth fascicle of Endless Bliss. [5] The fifteenth kind of hadîth-i-sherîf in the sixth chapter of the second fascicle of Endless Bliss. – 161 –

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