Missed Salaah and fasts of the deceased

If your mum left behind a ‘Shariah Will’, then the ‘Will’ document will comprise of a clause which makes provision for missed Salaah, Fasts, Zakaat etc. If the deceased had missed any Salaah or fasts in her lifetime then up to one third of the estate funds could be utilized to pay the Fidya of these outstanding Salaah or Fasts. The Fidya amount is approximately R26.00 at the moment. However, the executor may only pay for the outstanding religious obligations (from the estate) if the deceased had left behind a record of the number of Salaah and Fasts that are outstanding.

In the absence of such a record, the executor cannot pay for any outstanding religious obligations. Yes, if all the heirs agree to pay a certain amount (from the estate) towards the outstanding religious obligations of the estate based on their estimation, then there is no harm in doing so.

If all the heirs are not willing to pay towards the outstanding religious obligations of the deceased, then one is at liberty to pay from his/her personal funds on behalf of the deceased. The number of Salaah or Fasts may be estimated if the exact number of missed Salaah or Fasts are unknown.