This extract also deals with its method. The translation has also been given in the initial part of this discussion. Allama Shaami رضی اللہ تعالٰی عنہ commentating on this extract of Durre-Mukhtaar, also clearly explains the method of Isqaat, “والا قرب ان یحسب ما علی المیت ویستقرض بقدرہ بان یقدر عن کل شھر اوسنۃ او بحسب مدۃ عمرہ بعد اسقاط اثنی عشر سنۃ للذکر وتسع سنین للا نثٰی لانھا اقل مدۃ بلوغھما فیجب عن کل شھر نصف عزارۃ فتح القدیر بالمد الدمشقی مد زماننا ولکل سنۃ شمسیۃ ست عزائر فیستقرض قیمتھا ویدفعھا لفقیر ثم یستوھبھا منہ ویستلمھا منہ لتتم الھبۃ ثم یدفعھا لذٰلک الفقیر او لفقیر اٰخرو ھٰکذا فیسقط فی کل مرۃ کفارۃ سنۃ بعد ذٰلک یعید الدور لکفارۃ الصیام ثم الاضحیۃ ثم الایمان لکن لا بد فی کفارۃ لایمان من عشرۃ مسٰکین بخلاف فدیۃ الصلوٰۃ فانہ یجوز اعطاء فدیۃ صلوٰات للواحد” - Raddul-Muhtaar

And Allama Ibn Nujaim Misri رضی اللہ تعالٰی عنہ writes “اراد الفدیۃ عن صوم ابیہ اوصلٰوتہ وھو فقیر یعطی منوین من الحنطۃ فقیرا ثم یستوھبہ ثم یعطیہ وھٰکذا الٰی ان یتم” AI-Ashbaah wan­Nazaair

The translation of both of these extracts is the same as the procedure of Isqaat which we have already mentioned. Alamghiri states, “وان لم یترک مالا یستقرض ورثتہ نصف صاع ویدفع الٰی مسکین ثم یتصدق مسکین علٰی بعض ورثتہ ثم یصدق حتّٰی یتم الکل کذا فی الخلاصۃ ” Bahrur-Raaiq, Aini, Kanzud-Daqaaiq, Jaamiur-Rumooz, Mutamud Zaheeria Sharah Mukhtasar Naqaayah, Fataawa Qaadhi Khan, Faraaid, Jawaahir, Al-Qawlul-Mukhtasar and several other books of Fiqh all explain this procedure. We have not quoted them, but whatever we have presented is sufficient for people who are fair in their judgments.

Now read the verdict of the leader of the dissenters, Maulwi Rashid Ahmed Gangohi, "The Ulama have instituted the Heela-e-Isqaat for the need of a person with little wealth. It is now used by people to acquire a few cents of the world. Allahعزوجل knows well the condition of the intention. This Heela is not beneficial in such a situation. However, on condition of a good intention, Heela is for inheritors of a person with little wealth. Only then will it be beneficial. Otherwise, it will be absurd and used to attain the dunya." - Fataawa Rashidia, Vol. 1, Pg. 103, Kitaabul-Bidaai

Even though there is much diversion in this verdict, Maulwi Rashid Ahmed has accepted Heela-e-Isqaat to be permissible. Thus, no Deobandi has the right now to raise objections against it. Maulwi Rashid has emplaced the restriction of a poor person on his own part. We have already presented extracts of Fiqh which do not have this restriction. If the complete amount of payment (fidya) has to be given even for a person with wealth, his entire estate will be exhausted and there will be nothing left for his inheritors. Even if a person stated in his will (wasiyat) that, at the time of death, his payment to be given, wasiyat is not permitted for more than a third of the estate. So if the payment of all the Salaah cannot be completed with a third, what harm is there in using the procedure of Heela? With regards to the Heela of Heel a, this is absolutely absurd.

OBJECTIONS & ANSWERS TO HEELA-E-ISQAAT (REDUCING THE RESPONSIBILITIES ON THE DECEASED)

OBJECTION 1: Performing Heela is a deception to Allahعزوجل and the Muslims, Allahعزوجل states, "These Hypocrites cheat Allahعزوجل and the Muslims and do not deceive except themselves, and they do not understand." 2l.11 How can it be possible that the Namaaz of an entire lifespan is forgiven in exchange for a small amount of money?!

Answer - Calling Heela deception is ignorance. Heela is a plan of the Shariah to fulfill a need of Shariah. It has been taught to us by Allahعزوجل and His Rasoolصلی اللہ علیہ وسلم, and proof of this has already been given in the previous chapter. The quotation of Alamghiri has also been presented, that performing Heela to deceive someone is a sin, but to make a plan to complete a need of Shariah or to be saved from Haraam is a means of reward.

Consider a Musjid being constructed somewhere and money is needed for this project. Money of Zakaat cannot be used for it. So if Zakaat is given to a worthy recipient and, after becoming the owner of it, he willingly spends it on this project, whose money was stolen? Who was deceived by this? It's only a need of Shariah that has been fulfilled.

Performing Heela to take is incorrect, but performing it to give is good. Heela of giving to the poor is found in this. The mercy of Allahعزوجل is also attained through Heela, "The mercy of Allahعزوجل does not ask for a price. It seeks a pretext." 22.14

The ayat you have quoted has been revealed about Hypocrites who made the Kalima of Imaan a shield for themselves but were truly Kaafirs at heart. To base the noble and Islamic practices of Muslims on it is a severe crime. Namaaz doesn't lose its obligation due to the money of Isqaat. Rather, Isqaat is a strategy to help any faults of Namaaz during one's lifetime to be pardoned, because after death, it is not possible for the deceased to fulfill its compensation. Giving out charity cools Divine anger, “الصدقۃ یطفی غضب الرب”.

A Hadith states that the person who misses out a Jumua Salaah should give out a dinaar in charity. - Mishkaat, Baabul-Imaan

Another also states that the person who has sexual intercourse with his wife while she is in the state of menstruation (haiz) should give out one or ½ a dinaar in charity.-Mishkaat, Baabul-Haiz

What is this charity given for? It serves as a compensation (kafaarah) for the sin which cannot be altered. If we had said that while living, a person may give out payment to forgive a future Namaaz of his so that he does not have to perform it, only then can it be said that Salaah is being made excusable and we are , committing a crime by this.

OBJECTION 2: Namaaz and fasting is physical worship and fidya is money. Never, in any way, can money be the compensation for physical worship (ibaadat). Thus, this is absolutely baseless.

Answer - This deduction opposes the Quranic ayat which states, "Those who don't have the strength to keep these fasts are obligated to give payment (fidya) in the form of food to a needy person." 22.16 - Surah Baqarah, Verse 184

Making deductions against the command of Allahعزوجل is the practice of Shaitaan. This wretch was divinely instructed to prostrate to Hadrat Adam علیہ السلام but used his reasoning against His command. Thus, he was rejected. From a rational point of view, physical effort being comparable to money is accepted. When we make a person work, we compensate him for his effort with money, and in some cases, the exchange of a life even occurs through payment. Compensation (kafaarah) in the Shariah is against normal deduction: if a Namaazi forgets the first At· Tahiyaat, he should make Sajda-e-Sahw; if a husband performs zihaar with his wife, he must fast for 60 days as a compensation for it; if a Haaji hunted in the state of Ihraarn, he must give out the price of the hunted animal in charity should he have the money, otherwise he must fast. All of these forms of compensation are contrary to our logical reasoning, but the Shariah has emplaced them. Thus, we accept them wholeheartedly.