The book Zakheera and Alamghiri, Kitaabul-Hiyal, state, “Any Heela that is done to snatch away the rights of another or create a confusion or deceit in these rights is Makrooh. However, the Heela which is done for a person to be saved from Haraam or so that he may attain Halaal is good. The proof of this is the command of Allahعزوجل to Hadrat Ayub علیہ السلام , “Take a broom in your hand and hit her.”

This instruction was to save Hadrat Ayub علیہ السلام from the oath he took. The general body of Mashaaikh has the opinion that the command of this ayat is not annulled (mansookh), and this is the correct ruling.” 22.4

Fataawa Taa’taar Khaaniya and Hamawi, the Sharah of Ashbaah wan-Nazaair, have very clearly discussed the permissibility of Heela. They state, “Hadrat Ibn Abbas رضی اللہ تعالٰی عنہ states that once, a dispute arose between Sayyidah Saarah رضی اللہ تعالٰی عنہا and Sayyidah Haajarah رضی اللہ تعالٰی عنہا, Sayyidah Saarah رضی اللہ تعالٰی عنہا vowed that if she gained power over Haajarah she would sever a part of a her body. Hadrat Jibrael علیہ السلام was sent by Allahعزوجل to Hadrat Ibrahim علیہ السلام to tell him to reconcile them. When Sayyidah Saarah رضی اللہ تعالٰی عنہاasked what the Heela to her vow will be, revelation (wahi) was made to Hadrat Ibrahim علیہ السلام in which he was instructed to tell her to pierce Sayyidah Haajarah’s رضی اللہ تعالٰی عنہا. The practice of women piercing their ears originated from this.”22.4a

These Quranic ayats, Ahadith and rulings of Fiqh prove the permissibility of Heela-e-Shar’I

Section 2

PAYMENT (FIDYA) OF FASTING & NAMAAZ

Payment (fidya) for fasting is proven from the Holy Quran, “Those who do not have the ability and power to keep the fast should give payment (fidya) in exchange of it by feeding a poor person.22.5- Surah Baqarah, Verse 184

We learn from this that those who don’t have the strength to keep fast due to being compelled to by old age or illness, even by the sickness of death, are to feed a needy person in exchange for every day the fast cannot be kept. In comparison to fasting, Salaah is more glorified and prominent. This is why Namaaz has been kept in its order. Mulla Jeewan رضی اللہ تعالٰی عنہ writes under the same ayat, “Namaaz is the likeness of fasting (roza). In fact, it is more important. Thus, for the sake of safety, we have given the command of payment (fidya) to it as well and hope that Allah’s عزوجل accepts it through His grace. The obligation of fidya being for Namaaz is based on caution.” 226 Tafseeraat-e-Ahmadia

Sharah Waqaaya states, “The payment of each Namaaz is similar to that of a single day of fasting, and this is the correct ruling.” 22.7

The book Sharah Ilyaas states, “The payment (fidya) of every Namaaz missed is equal to the compensation of a day of fasting (i.e. equal to one day of fasting).”

Allama Ibn Hamaarn رضی اللہ تعالٰی عنہ writes, “Concerning any person who dies but has the responsibility of the Qadaa of Ramadaan and has willed (wasiyat) for it to be settled, his guardian (wali) must give a poor person, in payment of every day, ½ a saa’ of wheat or 1 saa’ of barley or dates because the deceased does not have any means to now fulfill this responsibility. Likewise, in the case when the deceased willed (wasat) for food to be given for his missed Salaah, the guardian has to fulfill it.” 22. –Fathul-Qadeer

These quotations prove that giving the payment (fidya) of Namaaz and Roza is permissible and acceptance of the payment is hoped. In fact, the Hadith corroborates this. Sayyiduna Abdullah ibn Abbas رضی اللہ تعالٰی عنہ, narrates the following Hadith, “None of’ you should perform Salaah or keep fast on behalf of another but give half a saa’ of wheat in charity for every day missed.” 22.10 – Nasaai, Sunan-e­Kubra & Abdur-Rozack, Kitaabul-Wasaaya

The Holy Prophetصلی اللہ علیہ وسلم is reported to have said, “If a person dies whilst having the responsibility of the fasting of Ramadaan, a needy person should be fed in compensation for each day missed by the deceased.” 2 .12 – Mishkaat, Kitaabus-­Saum, Baabul-Qadaa

In short, giving the payment (fidya) of Namaaz and Roza through the form of money is established by the Shariah. Rejecting this is ignorance.

Section 3

PROOF OF ISQAAT (REDUCING THE RESPONSIBILITIES ON THE DECEASED)

The procedure of Isqaat has already been presented. Proof of it is found in almost every book of Jurisprudence (Fiqh). The book Noorul-Idaah discusses this rule of Isqaat in an entire section called “فصل فی اسقاط الصوم والصلوٰۃ” It deals with the Isqaat of Namaaz and Roza.

In it, Allama Shurumbulaali رضی اللہ تعالٰی عنہ, writes, “ولایصح ان یصوم ولا ان یصلّٰی عنہ وان لم یف ما اوصٰی بہ عما علیہ یدفع ذٰلک المقدار للفقیر فیسقط عن المیت بقدرہ ثم یھبہ الفقیر وھٰکذا حتی یسقط ما کان علی المیت من صیام وصلوٰۃ ویجوز اعطاء فدیۃ صلوٰت لواحد جملۃ بخلاف کفارۃ الیمین” l1.l5..”­Noorul-Idaah

Here, the procedure of Isqaat is shown. We have already mentioned its translation in the beginning of this chapter. Allama Haskafi رضی اللہ تعالٰی عنہ writes, “ولو لم یترک مالا یستقرض وارثہ نصف صاع مثلا ویدفعہ لفقیر ثم یدفعہ الفقیر للوارث ثم وثم حتٰی یتم”.Durre-Mukhtaar, Baabu Qadhaail-Fawaait