A legal device (hila) for paying the fidya of prayers

Question

(1) A man made a bequest: “Some of my prayers remained which I was unable to make up, so pay the fidya for my prayers.” Now, if the proper fidya is paid for him, there is not that much wealth in his house, and the heirs are also unable to pay it from their own means. So, if the fidya is paid by means of a legal device (hila) — that is, a copy of the Qur’an is sold to a poor person (miskin)

Answer

In a state of destitution (iflas) a device of this kind is permitted; however, there is no need to sell this copy of the Qur’an. Rather, one third of the deceased’s estate should be given to someone eligible for zakat, and it should be calculated for how many prayers the fidya has been paid by it; then that poor person should give that third of the estate as a gift (hiba)

Source: Fatawa Mahmudiyya

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