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Heelah to generate funds for fidyah

Fatwaa ID: 1398

Question:
Question regarding paying fidya for prayers on behalf of deceased when amount due is more than what one is capable of giving

Asalamualaikum wrwb dear mufti saab

My 41 year old cousin passed away in his sleep a few weeks ago. (please make Dua for him).

He did not leave a will to pay fidya for his missed prayers, but his sister would like to voluntarily give fidya for his missed prayers on his behalf.

However the amt which she has estimated for his fidya is quite a lot and she cannot afford to give the total amount.

On one of the hanafi fatwa sites, it was mentioned that ….
“… one will pay what he has to a poor person to cover that amount of what was due of the expiation. The poor person then gifts him the money which he again gives to the poor person who again gifts it back and so on until they have covered what was due of the expiation.”

Question –
Is it required to physically give the specific amount to the poor person, and the poor person physically hand it back to the giver? and this putting of the money in hands is repeated?

or

can there be an agreement with the poor person that “i will give you the money, and you give it back to me, and we will intend to repeat this process X number of times”

The poor person is in Pakistan and my cousin in US so it would be difficult to carry out the first method.

Can mufti saab please advise regarding this matter?

Jazakumullah Khairan Katheeran for your time and help

Answer:
In the Name of Allaah, the Most Gracious, the Most Merciful.
As-salaamu ‘alaykum wa-rahmatullaahi wa-barakaatuh.

May Allaah Ta’aala overlook his shortcomings and elevate his status in Jannah.

While the sister’s thoughts and wishes are commendable, she must realize that the voluntary sadaqah she wishes to give as fidyah should not cause a burden on herself. Depending on the amount of missed salaahs, the fidyah can be high. The fidyah for each missed salaah, including Witr according to the Hanafi legal school, is equivalent to the Sadaqatul Fitr amount. She should be considerate of her finances and situations.

The method mentioned in the query from the “fatwa site” is a legal stratagem, also known as heelah. Using heelahs is not permissible unless necessary. You cannot fool and play Allaah Ta’aala. Nevertheless, if one employs the above mechanism, a physical transfer of ownership will have to take place to the eligible pauper each time. The recipient must assume physical possession of it. Thereafter, if he/she voluntarily and willingly gifts it to the donor, then it will come back into the ownership of the donor. The donor may then do as he wishes. The money cannot be demanded back from the pauper, nor can a formal agreement be made such. The pauper may do as he wishes with the money. If he chooses not to gift it to the donor, then he does not have to. No demands or claims may be made from him. Again, you cannot trick Allaah Ta’aala. It may be better to consider other reasonable alternatives.

And Allaah Ta’aala knows best.
Mufti Muajul I. Chowdhury
Darul Iftaa New York
https://askthemufti.us/

12/15/1444 AH – 07/03/2023 CE | AML1-7987

وصل اللهم وسلم وبارك على سيدنا محمد وعلى ءاله وصحبه أجمعين

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