Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

acts of violation 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 books Durr-ul
mukhtâr, Marâqil-falâh and Jilâ-ul qulûb said that it is permissible.
Only in the Hanafî Madhhab; in lieu of wheat, flour, one sâ’ of
barley, dates or grapes can be calculated and given for the isqât of
kaffârat. [For, these things are more valuable than wheat, and they
are more useful to the poor.] Instead of any of these, gold or silver
of the same value can be given. It is permissible for (people
belonging to one of) the other three Madhhabs to imitate the
Hanafî Madhhab. [The isqât cannot be performed with paper
money.] It is not necessary to give fidya for sajda-i tilâwat.
If the money to be given for fidya exceeds one-third the
property, the walî cannot spend more than the one-third without
the inheritors’ consent. It is written in the book Qinya-t-ul-fatâwâ
that if the deceased had debts as well, it is not permissible to carry
out his will even if his creditors give approval for the execution of
the will. For, Islam commands that the debts must be paid first.
Paying the debt cannot be postponed with the creditor’s consent.
In case it is not known at what age the person who enjoined the
isqât of all his prayers of namâz died, his will is acceptable when
one-third of the property he has left does not suffice for the isqât
of his prayers of namâz. If one-third of the property equals and
even exceeds (the amount to be spent for) the isqât, his will is not
acceptable; it becomes bâtil. For, when the one-third does not
suffice for the isqât, the number of the prayers of namâz for which
the isqât has been performed with the one-third will be known,
and so his will will be sahîh (valid) for those prayers of namâz; and
(the part of) his will concerning his remaining prayers of namâz
will become laghw, that is, empty words. When the one-third is in
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