A person known for his generosity passed away, but he had been neglecting prayer and fasting. After his death, his family paid 3,000 dinars to a man to pray and fast on his behalf for what he had missed.
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The questioner : You said: A man who was characterized by generosity and good character passed away, but he did not pray or fast. After his death, his family paid 3,000 dinars to another man to pray on his behalf to make up the prayers he missed and to fast on his behalf. Is this valid according to the Shari'ah, and what is the ruling on taking the money for this?
The Shaykh : This man who died while not praying or fasting died, may Allah protect us from that, in a state of disbelief, because the stronger opinion among the views of the scholars, which is supported by the texts of the Book and the Sunnah and the statements of the Companions (may Allah be pleased with them), is that one who neglects prayer is a disbeliever. As for one who denies the obligation of prayer, he is a disbeliever even if he prays. The transmitted texts specifically address neglect, not denial. Therefore, it is not possible to negate the description that the Shari'ah considered by interpreting it as denial, as some scholars did by interpreting the texts regarding the declaration of disbelief for one who neglects prayer as applying to one who neglects it out of denial. This interpretation necessitates negating the description upon which the Lawgiver based the ruling and considering another description that was not mentioned. Furthermore, this interpretation is contradictory, because one who denies the obligation is a disbeliever even if he prays; even if he prays with the congregation and goes to the mosque while believing that the five prayers are not obligatory upon him and that he is only doing them as voluntary acts, he is still a disbeliever. This makes it clear that interpreting the texts indicating the disbelief of one who neglects prayer as applying to one who neglects it out of denial is an incorrect interpretation and is not in its proper place. Consequently, this man who died while not praying is a disbeliever who will be gathered on the Day of Resurrection with Pharaoh, Haman, Qarun, and Abu Jahl, may Allah protect us from that.
As for what they offered to this man to fast and pray on his behalf, this is not valid, because a lease contract is not valid for any act of worship. Therefore, it is not valid for a person to say to another, "I hire you to pray for me or fast for me." The scholars differed regarding Hajj, but that is a disagreement not to be discussed here. This money that he took, he took it without right. It is obligatory for him to return it to the family because he took it without right. The prayers he prayed do not benefit this deceased person because he is not a Muslim, and a non-Muslim is not benefited by any deed, even his own deed, as Allah the Exalted said:[At-Tawbah 9:54] and as Allah the Exalted said: [Al-Furqan 25:23]. Yes.
The questioner : Is this because he is not a Muslim, or is it also because a lease for acts of worship is not permissible?
The Shaykh : We mentioned both aspects.
The questioner : Yes.
The Shaykh : Both aspects, because this is...
The questioner : ...even if he were a Muslim, it is not permissible...
The Shaykh : Even if he were a Muslim, it is not permissible to hire someone to pray or fast on his behalf.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah reward you.
The Shaykh : This man who died while not praying or fasting died, may Allah protect us from that, in a state of disbelief, because the stronger opinion among the views of the scholars, which is supported by the texts of the Book and the Sunnah and the statements of the Companions (may Allah be pleased with them), is that one who neglects prayer is a disbeliever. As for one who denies the obligation of prayer, he is a disbeliever even if he prays. The transmitted texts specifically address neglect, not denial. Therefore, it is not possible to negate the description that the Shari'ah considered by interpreting it as denial, as some scholars did by interpreting the texts regarding the declaration of disbelief for one who neglects prayer as applying to one who neglects it out of denial. This interpretation necessitates negating the description upon which the Lawgiver based the ruling and considering another description that was not mentioned. Furthermore, this interpretation is contradictory, because one who denies the obligation is a disbeliever even if he prays; even if he prays with the congregation and goes to the mosque while believing that the five prayers are not obligatory upon him and that he is only doing them as voluntary acts, he is still a disbeliever. This makes it clear that interpreting the texts indicating the disbelief of one who neglects prayer as applying to one who neglects it out of denial is an incorrect interpretation and is not in its proper place. Consequently, this man who died while not praying is a disbeliever who will be gathered on the Day of Resurrection with Pharaoh, Haman, Qarun, and Abu Jahl, may Allah protect us from that.
As for what they offered to this man to fast and pray on his behalf, this is not valid, because a lease contract is not valid for any act of worship. Therefore, it is not valid for a person to say to another, "I hire you to pray for me or fast for me." The scholars differed regarding Hajj, but that is a disagreement not to be discussed here. This money that he took, he took it without right. It is obligatory for him to return it to the family because he took it without right. The prayers he prayed do not benefit this deceased person because he is not a Muslim, and a non-Muslim is not benefited by any deed, even his own deed, as Allah the Exalted said:
And what prevents their expenditures from being accepted from them but that they have disbelieved in Allah and in His Messenger and that they come not to prayer except while they are lazy and that they do not spend except while they are unwilling.
وما منعهم أن تُقبل منهم نفقاتهم إلا أنهم كفروا بالله وبرسوله ولا يأتون الصلاة إلا وهم كسالى ولا يُنفقون إلا وهم كارهونAnd We will regard what they have done of deeds and make them as dust dispersed.
وقدمنا إلى ما عملوا من عمل فجعلناه هباءً منثوراًThe questioner : Is this because he is not a Muslim, or is it also because a lease for acts of worship is not permissible?
The Shaykh : We mentioned both aspects.
The questioner : Yes.
The Shaykh : Both aspects, because this is...
The questioner : ...even if he were a Muslim, it is not permissible...
The Shaykh : Even if he were a Muslim, it is not permissible to hire someone to pray or fast on his behalf.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah reward you.