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Islamic law about qadha salah of deceased brother

Q:

Q. While doing Namaze Walidain in between Magrib/Isha Namaz can I include my brother in it and how?

Q. My brother had some kind of depression since he became Balig in high school. Do we need to do his qaza Namaz and Roza for all those year he was alive e.g 70 yrs? But in between he was sometime alright and used to even work but he did not believe in religion, we do not know how long he was alright on and off we were all very young do we need to do his qaza namaz and roza?

A:

Salamun Alaykum

Thank you for your query.

The below rulings are according to Mujtahideen.

If the deceased person has made a Wasiyah(will) then the Salat and Fast should be performed from deceased’s wealth. If the deceased has sons, it will become wajib on the eldest son to perform the Qadha of his father, but if the deceased has only daughters or wasn’t married then it doesn’t become wajib on anyone.

It is very good if the brothers can make their brother’s Qadha performed even though it is not wajib on the brothers or parents but if this is done, it will decrease the punishment of the deceased soul.

Regarding how many years Qadha has to be performed, since it is unknown and not written in the Wasiyah by the deceased brother, you can count the number of years and the number you are certain let’s say 5 years, you can get someone to perform Qadha Salat and fast of 5 years. So, a certain number would be sufficient to perform the Qadha.

But if the brother had left Islam for any other religion or doesn’t believe in Salat or religion then it doesn’t become wajib on other to make his prayers and fasts.

According to Ayatullah al-Udhma Sayyid Ali Sistany:

Qadha prayers – Lapsed (qadāʾ) prayers of a father that are obligatory (wājib) on the eldest son

Ruling 1370. If one’s father has not performed his prayers and he could have made them up, in the event that he did not fail to perform them due to outright disobedience, then based on obligatory precaution, after the father’s death his eldest son must either perform them himself or hire someone to perform them. The qadāʾ prayers of one’s mother are not obligatory on him to perform, although it is better that he does.

Ruling 1371. If the eldest son doubts whether or not his father had any qadāʾ prayers, it is not obligatory on him to perform them.

Read more rulings in detail on: www.sistani.org/english/book/48/2251/

May Allah(swt) grant you success

Wassalam,

Syed Haider