Must Heirs Pay Fidya If a Deceased Left No Will of Missed Fasts or Prayers?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
If a deceased person left no specific record of missed prayers or fasts, is it mandatory to estimate and allocate up to one-third of the inheritance for fidya? Can charity and good deeds be done instead without causing financial or legal issues for heirs?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
Wasiyya (Will)
Expiatory payments (fidya) are not automatically required of the heirs unless the deceased left a will (wasiyya) specifying that fidya should be given up to one-third of their estate. Without a will, the heirs are not obligated to pay fidya from the inheritance.
However, it is encouraged to voluntarily pay fidya with the agreement of all the heirs or perform acts of charity on behalf of the deceased, as this can benefit them in the Hereafter.
Estimating the Number of Missed Prayers and Fasts
If the deceased did not leave a record, the heirs can make a reasonable estimation based on their knowledge of the person’s health and life circumstances. However, precision is not required, and a sincere effort is sufficient. [Ibn ‘Abidin, Radd al-Muhtar]
Avoiding Legal or Financial Issues
If you believe that it may lead to financial and legal problems, it would be wise for the heirs to voluntarily give fidya from their own wealth, as using funds from the inheritance without the consent or agreement of the other heirs is not permissible.
Please go through the valuable answers and links below. Insha’Allah, they will provide you with guidance and direction.
Related
- Inheritance Law Archives
- Expiation and Not Fasting Due to a Chronic Illness
- What Is the Fidya (Expiatory Payment) for Someone …
- Fidyah– Ummah Welfare Trust
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
