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Resolutions of Iftaa' Board

Resolution No. (317): "Ruling on Deducting the Expenses of Receiving Mourners from the Estate of the Deceased"

Date Added : 04-01-2023

Resolution No. (317): "Ruling on Deducting the Expenses of Receiving Mourners from the Estate of the Deceased"

Date: (21 Jumada al-Ula, 1444 AH), corresponding to (15/12/2022 AD).

 

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

In its fifteenth meeting held on the above date, the Board of Iftaa` reviewed question No.(224170) sent to the electronic website of the Iftaa` Department. It reads as follows:

Are the expenses of hospitality for receiving mourners, such as dates, water, chairs, and the like, to be taken from the estate of the deceased?

After deliberating, the Board decided what follows:

Expenses for preparing the deceased for burial should be paid from the estate whether he/she left wealth or not. As of the debts, they should be paid off from the deceased`s estate if he/she left any. If he/she didn`t , then it is recommended for the heirs to pay off the debts to clear the deceased from liability before Allah.

Other hospitality expenses-rented chairs, dates, water, food-shouldn`t be deducted from the estate of the deceased save with the approval of the adult discerning heirs since the approval of the minor heirs isn`t considerable. Otherwise, such expenses are to be covered by those receiving mourners and treating them with hospitality. In fact, honoring mourners isn`t among the rights to be collected from the estate of the deceased. However, it is part of good character and the strongest form of dutifulness to the deceased. The evidence on this is that the Abdullah b. Umar reported Allah's Apostle (PBUH) as saying: "The finest act of goodness is that a person should treat kindly the loved ones of his father." {Transmitted by Muslim}.

In any case, we recommend economizing expenses of receiving mourners so as not to make things difficult for the family of the deceased and deprive them from gifting the reward of good deeds to the deceased. And Allah The Almighty Knows Best.

 

Grand Mufti of Jordan, Sheikh Abdulkareem Al-Khasawneh

Dr. Mohammad Al-Khalayleh/ Member

Prof. Mahmoud Al-Sartawi/ Member

Sheikh Sa`eid Hijjawi/ Member

Prof. Amjad Rasheed/ Member

Prof. Adam Nooh Al-Qhodah/ Member

Dr. Jameel Khatatbeh/ Member

Dr. Ahmad Al-Hasanat/ Member

Dr. Mohammad Younes al-Zou`bi/ Member

 

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Summarized Fatawaa

What is required of one who doubts the number of rakʿāt during prayer?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a person doubts the number of rakʿāt he has prayed, he should build upon the lesser number, as that is what he is certain of. He should then perform the prostration of forgetfulness (sujūd al-sahw) before the final salām at the end of the prayer. ʿAṭāʾ ibn Yasār narrated that the Messenger of Allah ﷺ said: "When any one of you is in doubt during his prayer and does not know whether he has prayed three rakʿāt or four, let him pray one more rakʿah and then perform two prostrations while seated before the salām. If the rakʿah he prayed was a fifth, these two prostrations will make it even; and if it was the fourth, then the two prostrations serve as a humiliation for the devil." (Reported by Abū Dāwūd.)
It is stated in al-Muqaddimah al-Ḥaḍramiyyah — one of the foundational texts of the Shāfiʿī school: "If one doubts whether he has prayed three rakʿāt or four, he is obliged to build upon the lesser number."
However, if such doubt recurs repeatedly and reaches the level of obsessive whispering (waswasah), he should not build upon the lesser number in that case — rather, he should build upon the greater number. And Allah the Almighty knows best.

When is a child instructed to fast?

A child is instructed to fast at the age of seven if they are capable of fasting and have reached the age of discernment, by analogy to prayer. They should be encouraged but not forced, so they can become accustomed to it. It is obligatory for their guardian, whether a father or another, to instruct them.

What is required of a traveler or a sick person if they broke their fast and then their excuse ceased?

If a traveler settles or a sick person recovers after having broken their fast, it is recommended for them to refrain from eating and drinking for the rest of the day, but it is not obligatory.

What is the Islamic ruling on one who was unable to fast and then regained the ability?

 
He is not required to make up the fast (Qada) even if he becomes capable of it; whether he regained the ability to fast after paying the fidya (feeding a needy person for each day of missed fasting) or before it, because he was liable for paying it in the first place, so it remains binding upon him. However, if he delayed paying it beyond the first year, nothing is required of him due to the delay. If he is unable to pay it, it does not remain as a debt upon him. And Allah the Exalted knows best.

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