The World Federation One Stop Fiqh

Ruling 1527

If someone who is hired to perform the prayers of a deceased person dies before completing the prayers, and if he had taken wages for all of them, in the event that it was a condition that he would perform all the prayers himself, the person who hired him can take back the wages, based on the agreed rate (al‐ujrat al‐musammā), for the prayers that were not performed; alternatively, he can rescind (faskh) the contract and [for the prayers that were not performed] he can take back the wages based on the standard rate (ujrat al‐mithl) for performing such prayers. However, if it was not a condition that he would perform the prayers himself, then his heirs must hire someone from his estate; and if he does not have any estate, then nothing is obligatory on his heirs.