Can I give fidya for my deceased mum’s missed salaahs from my own share of inheritance?

Published as Fidya for missed Salaah

· 2 Shaʻban 1434 AH1 min readFatwa 25771English

Question

Can I give fidya for my deceased mum’s missed salaahs from my own share of inheritance? or is it obligatory for all brothers and sister to give fidya before sharing her inheritance?

How can I calculate her missing salahs?

How much do I need to pay for each day? I assume it will be for 5 Fardh salah + 1 Witr salah = Total 6 salah per day.

Answer

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

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

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

Checked and Approved by,
Mufti Ebrahim Desai.

References (Arabic / Urdu sources)

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)[

Checked & approved by
Mufti Ebrahim Desai
Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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