a month (to fulfill), then a poor person should be fed on his behalf in place of each day." It was reported by Ibn Majah (4). The literalists (Ahl al-Zahir) said: It is obligatory for his guardian to make it up, based on the apparent meaning of the reports narrated concerning it. The majority of scholars hold that this is not obligatory upon the guardian, unless it is a financial right and the deceased has an estate. The Prophet's (peace and blessings of Allah be upon him) command in this regard is interpreted as recommendation and desirability, based on indications within the report; among them is that the Prophet (peace and blessings of Allah be upon him) compared it to a debt, and the repayment of a debt on behalf of a deceased person is not obligatory upon the heir unless he leaves an estate from which it can be paid. Another indication is that the questioner asked the Prophet (peace and blessings of Allah be upon him): Does one do that or (5) not? His answer differs according to the requirement of the question. If the requirement was asking about [permissibility, then the command in his answer signifies permissibility; if the question was about] (6) sufficiency, then his command signifies sufficiency, like their saying: Shall we pray in sheepfolds? He said: "Pray in sheepfolds" (7). And if their question was about obligation, then his command signifies obligation, like their saying: Shall we perform ablution after eating camel meat? He said: "Perform ablution after eating camel meat" (8). The questioner's inquiry in our issue was about sufficiency, so the Prophet's (peace and blessings of Allah be upon him) command to perform the act signifies only that. Our evidence for the permissibility of fasting on behalf of the deceased is what 'A'ishah narrated, that the Messenger of Allah (peace and blessings of Allah be upon him) said: "Whoever dies while having a fast to fulfill, his guardian should fast on his behalf." From Ibn 'Abbas, he said: A man came to the Prophet (peace and blessings of Allah be upon him) and said: O Messenger of Allah, my mother has died and she owes a month of fasting, shall I fast on her behalf? He said: "Do you see that if your mother had a debt, would you be the one to pay it?" He said: Yes. He said: "Then the debt of Allah is more deserving to be paid." In a narration it says: A woman came to the Messenger of Allah (peace and blessings of Allah be upon him) and said: O Messenger of Allah, my mother has died and she owes a fast, shall I fast on her behalf? He said: "Do you see that if your mother had a debt and you paid it, would that suffice on her behalf?" She said: Yes. He said: "Then fast on behalf of your mother." These are agreed upon (9). From Ibn 'Abbas, that Sa'd ibn 'Ubadah al-Ansari asked the Prophet (peace and blessings of Allah be upon him) for a legal opinion regarding a vow that was upon his mother, and she died before fulfilling it, so he advised him to fulfill it, and it became a Sunnah thereafter. From him also that a man came to the Prophet (peace and blessings of Allah be upon him) and said: My sister vowed to perform Hajj, and she has died. The Prophet (peace and blessings of Allah be upon him) said: "If she had a debt, would you be the one to pay it?" He said: Yes. He said: "Then fulfill the (vow to) Allah, for He is more deserving of fulfillment." These were reported by Al-Bukhari (10). This is explicit regarding fasting and Hajj, and general regarding a vow; and everything other than what is mentioned in the Hadith is analogized to it. The Hadith of Ibn 'Umar concerns fasting that is obligatory by the original law, and it is necessary to interpret it in that light to reconcile the two Hadiths. If conflict were assumed, our Hadiths are more authentic, more numerous, and more worthy of being given precedence. Once this is established, it is better that his heir fulfill the vow on his behalf, but if someone else fulfills it, it suffices on his behalf, just as if he had paid his debt; for the Prophet (peace and blessings of Allah be upon him) compared it to a debt and used it as an analogy (11). Furthermore, what the heir fulfills is merely a voluntary act from him, and others (12) are the same as him in this voluntary act. If the vow concerns property, it attaches to his estate.
(4) Its verification was presented previously, in: 4/398, 399. (5) In [B]: "or". (6) Omitted from: [B]. Transferred thought. (7) Its verification was presented previously, in: 2/469. It is added to it: Reported by Al-Tirmidhi, in: The Chapter on What Has Been Related Concerning Prayer in Sheepfolds and Camel Resting Places, from the Chapters on Prayer. 'Aridat al-Ahwadhi 2/145. (8) Its verification was presented previously, in: 1/251.