How to determine the Fidyah payable as an executor of the deceased

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Q. I have been appointed executor of an estate. How do we calculate the Fidyah amount payable for the missed salaah and fasts for the deceased, as no amount is included in the will? How do we determine the value of settling this from her estate?

Mufti Muhammed Hamza Farooqui · Accepted Answer

1. In the case of a will that has not made provision for paying for missed religious obligations, nothing may be paid from the estate. Any contribution in this regard must come voluntarily from the heirs.

In the case of a will where the executors are instructed to pay for missed religious obligations, the following applies:

a) If the deceased kept a record of the exact number of missed fasts and Salaahs, fidyah will be paid according to that record.

b) If no such record exists, the executors should make reasonable attempts to determine the number of missed fasts and salaah. If they can determine the number based on reliable evidence, they will accordingly pay for that number of missed fasts and salaah. If no evidence exists, they are not permitted to use the funds from the estate for fidyah.

c) The total fidyah amount may not exceed one-third of the value of the entire estate. [Hindiyyah 6:90]

And Allah Ta’ala Knows Best

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