Q: My husband passed away last year. His total missed salaah in his lifetime is 29 132. He asked to pay this from his estate. If I cannot afford to pay this amount. What should I do?
A: The fidya for each missed salaah of the deceased is the amount of Sadaqatul fitr (i.e. approx R 30).
Since the deceased made a bequest that fidya be paid for his missed salaah, after paying for the burial expenses of the deceased and settling his debts, one third of the estate will have to be reserved for paying the fidya of the deceased missed salaah. Thereafter, the remaining wealth of the estate will be distributed among the heirs according to their stipulated shares of inheritance.
Hence, the amount of salaah that can be paid from one third of the estate should be paid.
Thereafter, if there is still more salaah outstanding, then if the heirs wish to pay any amount from their wealth without any coercion and force, (and provided the heir is not a minor) then they may do so.
And Allah Ta'ala (الله تعالى) knows best.
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