Category: Inheritance
Fatwa#: 24542
Asked Country: United Kingdom

Answered Date: Feb 26,2013

Title: Fidya for missed Salaahs

Question

Assalamoalaikum w.w.

 

What is the fidya for salat? and how much?

My mum passed away few weeks back at the age of 75. (Innalillahi wainna ilyahi rajeoon).

During the stage of health we didn't notice her preforming all her salats on time. However, she used to pray Jumma salat and some other salats (Fajr etc.) regularly. May Allah (s.w.t.) forgive her for this or any other short coming.

I have following questions:

  1. Can I give fidya for my mum's missed salats from my own share of inheritance? or is it obligatory for all brothers and sister to give fidya before sharing her inheritance?
  2. How can I calculate her missing salats?
  3. How much do I need to pay for each day? I assume it will be for 5 Fardh salat + 1 Witr salat = Total 6 salat per day.

Please make dua-e-maghfirah for both my parents who passed away in a very short period of time.

Jazakallah-khair.

Wassalam

 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

May Allah (Subhanahu Wa Ta’ala) grant your mother Jannatul Firdaus. Aameen.

1. In principle, if the mayyit (deceased) bequeathed that the Fidya be given from his/her estate, then the heirs are obligated to discharge the Fidya on behalf of the deceased from one third of the estate after burial expenses and paying of debts. However, if the deceased did not make such a bequest, then the heirs are not obligated to give any amount of money as Fidya on behalf of the deceased.

Nevertheless, the Fuqahaa (jurists) have ruled that it is permissible for any of the heirs to discharge the Fidya on behalf of the deceased from their own money.[1]

2. Kindly contact your local Ulama Body for the current Fidya amount. If one cannot ascertain the total amount of Salaahs missed, one should determine a rough estimation of Salaahs missed.

3. You should pay for the five Fardh (obligatory) Salaahs including the Witr Salaah which is Wajib.[2]

And Allah Ta’āla Knows Best                                       

Ismail Desai,
Student Darul Iftaa
Durban, South Africa

Checked and Approved by,
Mufti Ebrahim Desai.



1  و عليه الوصية بما قدر عليه و بقي بذمته فيخرج عنه وليه من ثلث ما ترك لصوم كل يوم و لصلوة كل وقت، حتي الوتر، نصف صاع من بر أو قيمته، و ان لم يوص و تبرع عنه وليه جاز (نور الايضاح، ص 132-133)

 

  فيخرج عنه وليه من ثلث ما ترك لصوم كل يوم و لصلوة كل وقت، حتي الوتر (نور الايضاح، ص 132) [2]

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