Fatwa ID: 07863

 

 

Answered by Maulana Sibghat Ullah

 

Question:

 

Is it permissible for a person who is unable to perform Salah due to incapacitation to pay a fee or fidya for the missed Salah while they are still alive? Or must they wait until after they have passed away? In other words, can a person who is unable to perform Salah due to illness or disability pay a fidya or compensation for the missed Salah during their lifetime, similar to how a person who is unable to fast can pay a fidya for the missed fasts?”

 

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

 

Answer:

 

Salah is an act of worship that is directly connected to the physical and spiritual performance of the individual. It is not permissible for a living person to pay fidya for missed Salah[i] during their lifetime, even if they are incapacitated due to illness or disability.

 

The obligation of Salah remains on the individual until death, and fidya for missed Salah only becomes an option after the person passes away.

 

If they are unable to pray in the usual manner, they are required to perform it in whatever way they can i.e. by sitting, lying down, or even with gestures.

 

The Prophet (peace be upon him) said:

 

Pray standing, and if you cannot, then sitting, and if you cannot, then on your side[ii].

 

Fidya for missed Salah can be arranged after the person’s death if they left behind a bequest (wasiyyah). If the illness is such that it will last till his death and there is no hope of recovery, then you can give fidyah when alive. 

 

In this case, fidya can be paid from up to one-third of their estate for each missed Salah, provided the deceased intended this arrangement during their lifetime[iii].

 

 

 

Only Allah knows best.

Written by Maulana Sibghat Ullah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 

 

[i] Radd ul Mukhtar, Book of fasting, Chapter of qada and fidya.

وأما الصلاة فلا تجب فيها الفدية، لأن مبناها على المناجاة، فلا يقوم المال مقامها.

As for Salah, fidya is not obligatory for it because its foundation is direct worship [munaajaat with Allah], and money cannot substitute for it.

 

 

[ii] Sahih Bukhari, Book of Jummah, Chapter, if you can’t pray sitting the lie down on side.

عن النبي صلى الله عليه وسلم: صل قائما فإن لم تستطع فقاعدا، فإن لم تستطع فعلى جنب

 

 

[iii] Radd ul Mukhtar, Book of Salah.

 

وفي الصلاة إذا تركها ومات ولم يوص يقضى عنه في ظاهر الرواية، وإن أوصى أخرج من الثلث.

For Salah, if a person neglected it and passed away without leaving a will, fidya cannot be paid on their behalf according to the apparent narration. If they made a will, fidya is paid from one-third of their estate.