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Ruling 2740

If a person makes a will that his khums, zakat, or other debts must be paid from the one-third of his estate and that someone should be hired to perform his lapsed prayers, fasts, and recommended acts such as feeding the poor, then, first his debts must be paid from the one-third of his estate, and if anything remains after that, it must be used for hiring someone to perform his lapsed prayers and fasts. If anything remains after that, it must be used for the recommended acts specified by the deceased. In the event that one-third of his estate is adequate only to pay for his debts and the heirs do not give permission for more than a third of his estate to be spent, then his will with regard to his lapsed prayers, fasts, and recommended acts is invalid (bāṭil).