Question and Answer:
Q. A person passed away and had outstanding Qadha Salaahs to be performed. He did not state in his will that the Fidyah should be paid for him. Is it permissible to pay the Kaffarah from the estate?
(Questions published as received)
A. If the deceased has made a bequest for this, then it may be deducted from his estate but should not exceed one third of his estate together with other bequests. If the deceased did not make a bequest for this, it will not be permissible to pay the Fidyah from his estate. One of the heirs or concerned people may pay from their own side on his behalf as a voluntary gesture if they so wish.
And Allah Knows Best
Mufti Suhail Tarmahomed
Jamiatul Ulama (KZN)
Council of Muslim Theologians