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Hiring A Person To Offer Salat

Rule 167

After the death of a person, another person can be contracted to offer those prayers and other acts of worship that the deceased did not offer during his lifetime on the payment of wages. In addition, it is in order if a person offers the services without taking payment for it.

Rule 168

A person can accept payment to perform some Mustahab acts such as Ziyarat, ‘Umrah, Hajj, on behalf of living people. Also, one can perform Mustahab acts and dedicate their reward to a living or deceased.

Rule 169

A person who is hired to offer the Qadha prayers of the deceased should be a Mujtahid, or should know the rules of the prayers correctly according to Taqlid, or should act according to precaution, provided that he knows fully on what occasions precaution is to be observed.

Rule 170

At the time of making the intention, the hired person must specify the deceased, although it is not necessary that he should know his or her name. Hence, it is enough if one intends: “I am offering prayers for the person on behalf of whom I was hired”.

Rule 171

The hired person should act with the intention that he is discharging the obligation of the deceased. It will not be enough if he performs a deed and dedicates its reward to the deceased.

Rule 172

One who hires a person, should be satisfied that the hired person will perform the act for which he will be hired.

Rule 173

If it transpires that the person hired for offering prayers for the deceased has not performed them, or has performed them incorrectly, then another person must be hired for the purpose.

Rule 174

If a person doubts whether or not the hired person has performed the act, and in spite of the hired person’s assurance he is not satisfied, then he must hire another person. However, if he doubts whether the hired person has performed them correctly or not, then he should assume that it was correct.

Rule 175

A person who has some excuse (for example, if he offers prayers with Tayammum or in a sitting position) should never be hired for offering prayers for the deceased, even if the prayers of the deceased may have become Qadha in that way as well.

Rule 176

A man can be hired on behalf of a woman, and a woman can be hired on behalf of a man; and in the matter of offering prayers loudly or in a quite whisper, the hired person should act according to his or her own obligation.

Rule 177

Observing order is not obligatory for the Qadha prayers of the deceased, except in the case of prayers whose performance is prescribed in an order such as Ẓuhr and ‘Asr prayers or Maghrib and ‘Isha prayers of one day.

Rule 178

If it was agreed with the hired person that he will accomplish it in a particular manner, then the hired person should follow that agreement. If nothing was agreed upon, then he can perform the Salat according to his own obligation.

According to Ihtiyat Mustahab, between his own obligation and that of the deceased, he should choose that which is nearer to precaution - for example if the obligation of the deceased was to say Tasbihat Arba’ah: (Recitation of: in the third and fourth Rak’at while standing) three times, and his own obligation is to say it once, then he should recite it three times.

Rule 179

If it was not agreed with the hired person how many Mustahab acts he will perform, then he should perform as many as is common.

Rule 180

If a person hires several people for offering the Qadha prayers of the deceased, then it is necessary, as explained in rule number 177, that he should fix a time for each one of them.

Rule 181

If a hired person agrees to offer the prayers of the deceased within one year, but he dies before the year ends, then another person must be hired to offer the uncompleted prayers. Further, if he feels that the hired person probably did not offer some of the prayers, then according to Ihtiyat wajib, another person must be hired.

Rule 182

If a person hired for offering the prayers of the deceased dies before offering all the prayers, and if he had taken wages for all the prayers, and the hirer has placed a condition that he would offer all the prayers himself, then the hirer can take back the proportionate amount of wages for the remaining prayers. He can also cancel the contract and pay an adequate sum. If it was not agreed that whether the hired person would offer all the prayers himself or not, then the heirs of the deceased should take the money from his estate and hire another person to complete the task. If there is nothing in the estate, then it is not obligatory upon the heirs.

Rule 183

If a hired person dies before offering all the Qadha prayers of the deceased, and if he himself has some Qadha of his own, and there is any wealth remaining from his estate, then after acting according to the above rule, someone must be hired to perform all his Qadha if he had willed and if his heirs give permission. If they do not permit, then his one-third must be spent for the Qadha prayers.