Category: Riba, Loans and Working in Banks

The ruling on a Contract of Payment for a Deed to be performed from the Deeds of Worship, like Prayer and similar Deeds

Question :

A man died who was generous and had good character, however he did not pray or fast. After his death his family paid a sum of money to another person to perform the prayers that he did not himself offered and fast the fasts that he did not fast. Is this correct Islamically and what is the ruling on taking money for that?

Answer:

This man who died while he did not pray and he did not fast, he died upon disbelief- and Allâh's refuge is sought from that. This is because the correct view from the opinions of the people of knowledge and that which is supported by the texts of the Book, the Sunnah and the statements of the Companions is that the person who abandons the prayer is a disbeliever (Kafir). In reference to the person who rejects the obligation of prayer, then he is a disbeliever even if he prays. The reported texts have only mentioned abandoning the prayer and not rejecting its obligation. Therefore, it is not possible for us to cast aside this description which the Islamic law has given consideration or say that it merely means rejection as some of the people of knowledge have done. They claim that the meaning of the reported texts that declare the disbelief of the one who abandons the prayer is concerning the one who abandons it while rejecting its obligation. Verily, this meaning casts aside the description that the Islamic law has attached the ruling to while considering another description that has not been mentioned.

Also, this meaning is contradictory! This is because the person who rejects the obligation of the prayer is a disbeliever even if he prays-even if he prays in congregation and goes to the Masjid. He is a disbeliever if he believes that the five prayers are not obligatory upon him and he only performs them as a voluntary deed. From this it becomes clear that claiming that the meaning of the texts that allude to the disbelief of the person who abandons the prayer is regarding whoever abandons it while rejecting its necessity is a claim that is not correct and it is misplaced.

In reference to what they (the family) gave to this man, it is not correct, because it is not correct to make a contract of payment for any deed from the deeds of drawing near to Allâh (i.e., worship). It is not appropriate for a person to say to another person: "I will pay you to pray and fast for me." The scholars have only differed concerning Hajj (in this matter) and this is not the place to discuss their difference. This money that the man took, he took it without a right to do so. Therefore, what is obligatory upon him is to return it to its people, because he took it without the right to do so. The prayers that he offered do not benefit this deceased person because he was not a Muslim and no deed benefits the non-Muslim. Even his deed that he performs for himself does not benefit him. This is due to Allâh's Statement:
"And nothing prevents their contributions from being accepted from them except that they disbelieved in Allah and in His Messenger (Muhammad), and that they came not to As-Salah (the prayer) except in a lazy state, and that they do not offer contributions except unwillingly."

And His Statement:
"And We shall turn to whatever deeds they (disbelievers, polytheists, sinners) did, and We shall make such deeds as scattered floating particles of dust."
Source:
Fatawa Islamiyah, Vol. 3 Pages

Ash-Shaykh Ibn 'Uthaimin

The ruling on harming the Renter so that he will leave

Some owners of properties make up excuses to evict renters from their property. Maybe he (the owner) will prevent the ground's keeper from cleaning the home, and on another occasion he will shut off the renter's water and other similar things from those acts that cause hardships. Does the Islamic law allow him to commit these harms or not?

It is obligatory upon the owner to fulfill the rights of the renter according to what they agreed to, such as turning the place over to him and maintaining the necessities of the legislated conditions that they agreed upon or that the custom dictates. That should be during the time period that is written in the contract, due to the Statement of Allâh:

طريت أيها الذين ما منوا أوفوا بالعقوبو

"O you who believe! Fulfill your contracts."

And the Prophet's statement:
"The believers are bound to their conditions, except a condition that allows something that is forbidden or forbids something that is allowed."

So, when the period of the contract ends, if the two parties agree to renew the period it is obligatory on each of them to fulfill what is in it for the other just like what preceded. If the owner refuses to renew the period, it is obligatory upon the renter to turn the place over to him and not harm him by staying in it. For verily, the property of the Muslim is not permissible to take except if he himself is willing to give it.

Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 3 Pages 437-438