Hired FastsTo Perform Qaḍā’ Fasts on behalf of a Living Person
308. My father has some qaḍā’ prayers due but he cannot offer them and I am the family’s eldest son. Is it permissible — while he is still alive — that I perform his missed prayers or hire someone to perform them? A: It is not correct to perform the missed prayers and fast on behalf of a living person. To Pay from the Father's Estate for His Fasts
309. Someone dies while owning only a house where his children live and he has some missed prayers and fasts to perform. His oldest son cannot do so for him because of his daily occupations, is it obligatory to sell the house and have his missed prayers and fasts performed? A: In the given case, it is not obligatory to sell the house. But the performance of the missed prayers and fasting, which were obligatory for the father, is the duty of his eldest son in all cases except if the deceased person ordered in his will that someone be hired by the one-third of his estate for that purpose and that amount is sufficient for all of the prayers and fasts that are obligatory for him. In this case, it will be obligatory to spend one third of the property left for this purpose. Duty of the Eldest Son as to Willed Fasts
310. I am the eldest son of my father, hence I am responsible for performing any outstanding prayer and fast my father owed. However, my father has directed in his will that one-year of prayer and fast should be performed. How should I go about the fact that more than one year of prayer and fast is outstanding?A:The instructions of the deceased to clear any outstanding prayer and fast should be catered for from his share of one-third of the estate if he has directed thus. Accordingly, it is within your right to hire a person to perform the outstanding prayer and fast. Should the outstanding duration be more than what he directed in his will, you have to perform it on his behalf, albeit by hiring a person to do it with money paid from your own pocket.Estate's Insufficiency for Qaḍā’ Fasts
311. A person died while he had to perform the qaḍā’ of some fasts of Ramadan and some prayers. He has no son. However, he left behind a certain amount of wealth. If this wealth is spent for the performance of the qaḍā’ of his missed fasts, the qaḍā’ of his prayers will remain outstanding and vice versa. In this situation, which one of the two should be given priority over the other? A: None of the fasts and the prayers has any priority. It is not obligatory for the heirs to spend his wealth for making qaḍā’ of his fasts and prayers unless he left a will that someone is hired, out of the one third of his wealth, to perform of his qaḍā’ prayers and fasts as much as 1/3 of his wealth can afford. Elder Son's Hiring Someone for His Father's Qaḍā’ Fasts
312. If eldest son wants to hire someone to perform his father's qaḍā’ fasts, can he pay from his father's estate? A: No, he should perform them himself or pay from his own pocket to hire someone else to fast. He has no right to use his father's estate unless the father had made a will (to this effect). To Be Hired While Owing Kaffārah of Nadhr or Swear
313. A person owes some fasts due to kaffārah of nadhr or swear, can he accept the request to be hired to fast on behalf of another person? A: There is no objection to it.To Be Hired While Owing Kaffārah/ Qaḍā’ Fasts
314. A person owes kaffārah/qaḍā’ fasts, can he fast on behalf of others for free/for compensation? A: It is no problem to be hired to do so while doing so for free is problematic. Attorney's/Agent's Negligence in Performing Qaḍā’ Fasts/Prayers
315. Someone acted as an attorney in hiring other people to perform certain acts of worship, such as prayer and fasting, on behalf of the deceased. He betrayed the trust, i.e. he did not hire anybody and took the money for himself. Having shown remorse, he wants to pay back his dues. What should he do? Should he hire some people to do the job or return the money to the respective owners at the current rate? Or is he required to return only the amounts he originally received from the people who asked him to do the job? And what is the view if this person himself was hired to do the job, but died before getting it over and done with?A: If the contract of being attorney has already expired before hiring anybody to perform the prayer and fasting, he should be made to pay compensation equal to the amount of money he received for getting the job done. Otherwise, he has the choice between hiring someone to perform prayer and fasting with the money he received or canceling the contract and returning the money to the owners. In case, there was a change in money value, it is a caution that both parties reach reconciliation.
As for the hired person, if he was hired to do it himself, the contract is automatically cancelled with the death of the person. It would then be obligatory that the money he received be paid back from his estate. If he was hired either to do the job or to have it done, he would still be responsible for discharging the work itself. In this case, his inheritors have to hire someone to discharge the work with money set aside from his estate if he has such estate. Otherwise, they do not have to do anything.Kaffārah of Breaking Fast by a Hired Person
316. A person was hired to perform qaḍā’ fasts of the month of Ramadan for somebody else, and he breaks the fast in the afternoon. Does he have to pay the kaffārah? A: No kaffārah is required. To Make a Will as to Qaḍā’ Fast by Someone Other than One's Heirs
317. A martyr had made a will asking his friend to perform the qaḍā’ of some fasts on his behalf as caution. However, the martyr’s heirs do not give significance to such issues and it is not possible to put the matter before them. Moreover, fasting would involve hardship for that friend. Is there any other solution? A: If the martyr had made a will asking the very friend to fast on his behalf, the martyr’s heirs do not have any obligation in this regard. If it is too difficult for the friend to fast, he also does not have any obligation.