Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

kaffârat be done, his walî does not have to perform the isqât of
kaffârat in the Hanafî Madhhab. It is stated in Naf’ul-anâm fî
isqât-is-salâti wa-s-siyâm [1] , a book in the Shâfi’î Madhhab:
“Bâjûrî [2] states in his annotation to Ibni Qâsim’s commentary to
Abû Shûjâ: Fidya is not paid for the prayers of namâz missed by
the deceased person. There is yet another report saying that it is
paid. It will be good to do isqât for them by imitating the Hanafî
Madhhab. According to an earlier report in the Shafi’î Madhhab,
the deceased person’s walî (guardian) makes qadâ of the prayers
of namâz and fasts missed by the deceased person.” In all (four)
Madhhabs, the guardian 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 access to 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 execute it. For, it is a commandment of Islam. If the
deceased person did not enjoin it, his inheritor can perform it with
his own property. If he enjoined (the payment for) namâz (which
he had missed), it is permissible, but not wâjib, to pay 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 devil, 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 [3]
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 safekeeping, extortion,
theft, employment and purchase, physical rights proceeding from
[1] It was written by Khalîl Sihrîdî Shâfi’î ‘rahmatullâhi ta’âlâ ’alaih’.
[2] Bâjûrî Ibrâhîm was a professor in Jâmi’ul az-har. He passed away in
1276 [A.D. 1859].
[3] A commentary written by Abû-l-berekât Hâfiz-ud-dîn ’Abdullah bin
Ahmad Nasafî ‘rahmatullâhi ta’âlâ ’alaih’, (d. 710 [1310 A.D.],
Baghdâd,) to the book entitled Manzûma, which in turn was written
by Najm-ud-dîn Abû Hafs ’Umar bin Muhammad Nasafî
‘rahmatullâhi ta’âlâ ’alaih’, (461 [1068 A.D.], Nasaf, Fâris, Iran – 537
[1143 A.D.], Samarkand.)
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