The word isqat literally means "to cause to fall; to discharge". As a religious term, isqat al-salat means discharging the unperformed prayer debts of a person from his liability by paying a fidyah (redemption payment) for each prayer left unperformed and not made up. The same procedure applies to fasting debts that were never made up, and the isqat of fasting is established directly by a Qur'anic verse.
Performing and Making Up Worship Are Both Obligatory
The acts of worship that Allah the Exalted has commanded are obligatory both to perform (ada) and to make up (qada). Just as performing the obligatory acts of worship at their appointed times is fard, making up — after its time has passed — any act of worship that could not be performed on time for whatever reason is also fard. But what must be done when the person charged with an act of worship is incapable of both performing it and making it up? The subject of isqat and dawr is precisely the answer to this question.
Worship Is of Two Kinds: Bodily and Monetary
In the religion of Islam, acts of worship divide into two principal categories:
- Bodily worship (ibadah badaniyyah): acts performed with the body itself, such as prayer (salat) and fasting (sawm). Whether performed on time or made up, the responsible person must carry these out personally.
- Monetary worship (ibadah maliyyah): acts performed with wealth, such as zakat, sadaqat al-fitr (fitrah), vows (nadhr), expiations (kaffarah) and the sacrificial offering (qurbani/udhiyyah). These are always discharged with wealth — whether performed on time or made up, whether the person is able-bodied or incapacitated.
When their owner passes away, monetary worship debts must, with even greater priority, be paid out of the estate of the deceased. As for bodily worship, the issue arises when incapacity becomes permanent (ajz da'im): if a person becomes permanently unable to perform prayer and fasting bodily, discharging those debts by fidyah comes onto the agenda.
The Fidyah for Fasting Is Established by Explicit Text
"And upon those who are able [to fast, but with hardship] — a ransom (fidyah): the feeding of a poor person." Surah al-Baqarah, verse 184
This noble verse commands that it is wajib for one who has no strength to fast at its time nor to make it up later, to give — for each day of fasting — one day's food of a poor person.
How Is the Isqat of Prayer Established?
In the report narrated by al-Nasa'i from Ibn Abbas (may Allah be pleased with them both): "No one may pray on behalf of another, and no one may fast on behalf of another; but (the guardian, for the debts of the deceased) feeds — that is, gives fidyah and feeds the poor" (al-Durar and Ibn Abidin, vol. 2, p. 122). By the indication of this report it is established that prayer is exactly like fasting, and that giving fidyah for prayer debts, just as for fasting debts, is wajib and necessary.
The leading scholars and jurists (fuqaha) have agreed unanimously that the obligation of fidyah for prayer debts is, by juristic preference (istihsan), like that of fasting. For prayer, like fasting, is a bodily act of worship — indeed more important than fasting. Since the fidyah for fasting is established by explicit text (nass), prayer has been judged by analogy (qiyas) with fasting through the istihsan of the scholars. Because it is valid that the like of the like of a thing is also its like, the ruling established by nass concerning fasting may validly serve as the ruling for prayer, which resembles fasting. This is established by the consensus (ijma) and agreement of the scholars and jurists of the Ummah.
An Important Difference Between Prayer and Fasting
There is this much difference between fasting and prayer: the shaykh fani (a person of very advanced age) whose permanent inability to fast in summer or winter is certain, and the sick person who has lost all hope of recovery, may pay the fidyah for their fasts before death; this is permissible and valid.
But paying fidyah for prayer before death is not permissible or valid for anyone, in any way whatsoever. For prayer can — and must — be performed even sitting or lying down, if need be by gesture (ima).
"Those who remember Allah standing, sitting, and upon their sides." Surah Al Imran, verse 191 — According to the verifying exegetes, the remembrance of Allah meant here is the ritual prayer.
The Prophet (peace and blessings be upon him) also said in a noble hadith: "The sick person prays standing; if he cannot, then sitting; if he cannot pray sitting either, then lying on his back, gesturing; and if he cannot even do that, then Allah is most worthy of accepting his excuse." (al-Zayla'i, Nasb al-Rayah)
Which Prayers and Fasts Require Qada and Fidyah?
The prayers and fasts whose qada is required — and whose fidyah becomes wajib when they cannot be made up — are these: those abandoned without a valid legal excuse, or those postponed with a valid excuse but then not made up although time and strength to do so were found afterwards.
By contrast, for prayers omitted in a state of incapacity: if the person dies without escaping that incapacity and without finding time to make them up, then by unanimous agreement no qada is due for them. The ruling for fasting is the same: one who broke the fast in Ramadan because of illness or travel over the legal distance, and died before finding the time and strength to make it up, owes neither qada nor fidyah for those fasts (Maraqi al-Falah with al-Tahtawi, pp. 236-237).
Making a Will (Wasiyyah) Is Wajib and Necessary
For those who are permanently incapable of making up their worship debts, it is wajib and necessary to discharge their debts by fidyah and, to that end, to declare their debts during their illness and bequeath that they be paid out of one third of their estate.
- If the estate of the deceased is small and its third does not suffice for the worship debts, or if there is no estate at all, the worship debts are discharged by dawr.
- If the deceased left no bequest: when all the heirs consent, the fidyah debts are paid from the estate of the deceased.
- If not all the heirs consent, it is permissible for some of them to donate from their own shares to pay the fasting and prayer debts.
- As for an unrelated person voluntarily donating fidyah for the prayer and fasting debts of the deceased — although there is some difference of opinion, it is, God willing, permissible and valid.
- If the deceased made no bequest and set aside no money, and there is an orphan among the heirs: since ownership passes to the heirs at death, no fidyah may be paid nor dawr performed from wealth shared with the orphan. In that case the adult heirs may validly donate from their own shares.
→ Read the Qur'anic and hadith evidences in detail
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