The Fidyaĥ for Missed Ṣalāĥ: Calculation, Ḥīlaĥ, and Qurānic Precedent

The "Fidyaĥ" (Compensation) for Missed Ṣalāĥ

[Those whose relatives have passed away must read the following account]

Ask about age of the deceased person. If the deceased is a female, subtract 9 years and if the deceased is a male subtract 12 years as the period of minority. Now, for the remaining years, make a calculation as to how long the deceased person missed Ṣalāĥ or fasts of Ramaḍān i.e. find out the number of Ṣalāĥ and fasts of Ramaḍān whose Qaḍā is due on him. Make an over-estimate preferably. Rather make a computation for the whole life excluding the period of minority. Now donate one Ṣadaqa-e-Fiṭr (to Faqīr) for each Ṣalāĥ. One Ṣadaqa-e-Fiṭr amounts to 2.050 Kg of wheat or its flour or its price. The number of Ṣalāĥ is six for each day; five Farḍ Ṣalāĥ and one Witr Wājib. For example, if the price of 2.050 Kg wheat is Rs. 12, the amount of one day's Ṣalāĥ will be Rs. 72 and that of 30 days' Ṣalāĥ, will be Rs. 2160. For 12 months, the amount will be Rs. 25920. Now if the Ṣalāĥ of 50 years are due on a deceased person, Rs. 1296000 will have to be donated as Fidyaĥ. Obviously, everybody does not possess enough money to donate this much amount. To resolve this problem, our scholars have devised a Shar'ī Ḥīlaĥ (a way out) e.g. Rs.2160 may be donated to some Faqīr (Definition of Faqīr and Miskīn may be seen on page. 207-208) with the intention of Fidyaĥ for all the Ṣalāĥ of 30 days. In this way, Fidyaĥ of Ṣalāĥ of 30 days would get paid off. Now, that Faqīr should gift that amount to the payer. Having received the amount, the payer should again donate it to the Faqīr with the intention of Fidyaĥ of another 30 days in such a way that the amount again comes in the custody of the Faqīr. This exchange should continue till Fidyaĥ of all Ṣalāĥ gets paid off.

It is not necessary to perform Ḥīlaĥ with the amount of 30 days; it has been stated just as an example. Suppose that the amount for Fidyaĥ of 50 years is available, a single exchange will be sufficient. It should also be noted that the computation for the amount of Fidyaĥ will have to be made as per latest price of wheat. Similarly, there is one Ṣadaqa-e-Fiṭr for each fast. Having paid Fidyaĥ of Ṣalāĥ, the Fidyaĥ of Fasts may also be paid off in the same way. Poor and rich both may avail the facility of Ḥīlaĥ. If heirs carry out this deed, it would be a great help for their deceased. In this way, the deceased person will be relieved from the obligations إِنْ شَاۤءَاللّٰہ عَزَّوَجَلَّ and the heirs will also deserve Šawāb and recompense. Some people donate a volume of the Holy Qurān to a Masjid etc. assuming that they have paid Fidyaĥ of all Ṣalāĥ of the deceased person; it is their misconception.

(For details see: Fatāwā-e-Razavīyyaĥ, V8, P168, Razā Foundation Lahore)

صَلُّوْا عَلَى الْحَبِيْبِ ۞ صَلَّى اللّٰہ تَعَالٰی عَلٰی مُحَمَّد

A Ruling Concerning the Fidyaĥ for a Deceased Woman

If the (monthly) habitual duration of the deceased woman's menstrual period is known, the days equal to the total period of menses may be subtracted from the age of 9 years, and if it is not known, 3 days per month may be subtracted as per above-mentioned way. However, the days of menstrual period would not be subtracted from the months of pregnancy. Moreover, if the duration of woman's post-natal bleeding is known, the days equal to the total period of post-natal bleeding may be subtracted for each pregnancy, and if it is not known, nothing should be subtracted as there is no limit on minimum side for post-natal bleeding. It is possible that the bleeding would stop in a minute and she would become pure.

(Fatāwā Raḍawiyyaĥ (Jad Ūd), pp. 154, vol. 8)

Ḥilaĥ for 100 Whips

Dear Islamic brothers! I have not mentioned the Ḥīlaĥ of Ṣalāĥ on the basis of my personal opinion. The justification for Shar'ī Ḥīlaĥ is present in the Holy Qurān, Ḥadīš and renowned books of Ḥanafi Doctrine. For example, once, the noble wife of Ḥaḍrat Sayyidunā Ayyūb عَلَيْهِ السَّلَام got late in getting to his blessed court during the period of his illness, so he swore to hit her one hundred whips after recovering from the illness. When he recovered, Allāĥ عَزَّوَجَلَّ ordered him to strike her with a broom made of 100 straws. The Holy Qurān says:

وَخُذْ بِيَدِكَ ضِغْثًا فَاضْرِبْ بِّهٖ وَلَا تَحْنَثْ

And We said, 'Take a broom in your hand, strike it and do not break your oath'.

(Section 23, Rukū' 13) (Kanzul Īmān [Translation of Quran])

There is a complete chapter on the topic of Ḥīlaĥ entitled "Kitāb-ul-Ḥīl" in the famous Ḥanafī book "'Alamgīrī." It is stated in the same book: "It is Makrūh to do a Ḥīlaĥ to deprive someone of his rights, or create doubt in it, or deceive by something false, but the Ḥīlaĥ aimed at preventing someone from committing Ḥarām, or in order to attain something Ḥalāl is commendable. The following Qurānic verse is a proof for the permissibility of such types of Ḥīlaĥ:

وَخُذْ بِيَدِكَ ضِغْثًا فَاضْرِبْ بِّهٖ وَلَا تَحْنَثْ

And We said, 'Take a broom in your hand, strike it and do not break your oath.'

(Section 23, Rukū' 13) (Fatāwa-e-'Alamgīrī, pp. 390, vol. 6) (Kanzul Īmān [Translation of Quran])

When did the Tradition of Ear-Piercing Initiate?

There is another evidence for the permissibility of Ḥīlaĥ; Sayyidunā Abdullah ibn 'Abbās رَضِیَ اللّٰہ تَعَالٰی عَنْهُمَا reports: Once, there was a discord between Ḥaḍrat Sayyidatunā Sāraĥ رَضِیَ اللّٰہ تَعَالٰی عَنْهَا and Ḥaḍrat Sayyidatunā Ĥājirah رَضِیَ اللّٰہ تَعَالٰی عَنْهَا. Ḥaḍrat Sayyidatunā Sāraĥ رَضِیَ اللّٰہ تَعَالٰی عَنْهَا swore that if she got a chance, she would cut an organ of Ḥaḍrat Sayyidatunā Ĥājirah رَضِیَ اللّٰہ تَعَالٰی عَنْهَا. Allāĥ عَزَّوَجَلَّ sent Ḥaḍrat Sayyidunā Jibrāīl عَلَيْهِ الْقَشَاوَةُ وَالسَّلَام in the court of Ḥaḍrat Sayyidunā Ibrāhīm عَلَيْهِ الْقَشَاوَةُ وَالسَّلَام for reconciliation between them. Ḥaḍrat Sayyidatunā Sāraĥ رَضِیَ اللّٰہ تَعَالٰی عَنْهَا asked, "مَا حِيْلَتِيْ يَمِيْنِيْ (i.e. what about my vow?)." A revelation descended upon Ḥaḍrat Sayyidunā Ibrahim عَلَيْهِ السَّلَام for advising Ḥaḍrat Sayyidatunā Sāraĥ رَضِیَ اللّٰہ تَعَالٰی عَنْهَا to pierce the ear of Ḥaḍrat Sayyidatunā Ĥājirah رَضِیَ اللّٰہ تَعَالٰی عَنْهَا. Since then the tradition of piercing ears commenced.

(Ghamzu 'Uyun-il-Basair lil Hamavi, vol. 3, pp. 295, Idara-tul-Qurān)