Q 2: Before he died,
my brother had a car accident and ran over a lady who consequently died. (Part No. 21; Page No. 289) He decided to observe Sawm (Fast) for two months, but shortly after this he fell sick and died before he could fast the two months. Who has to perform the Sawm on his behalf?
It may be worth mentioning that his eldest child is a seventeen-year-old daughter.
A:
Your brother was accountable for the two months Sawm that were Wajib on him due to the involuntary manslaughter that he committed, but he died before he could observe this duty. It is not Wajib on his children or any body else to make up this Sawm on his behalf. However, if someone voluntarily makes up the Sawm of these days on behalf of your brother, they will be rewarded for it, and this will be sufficient for your brother In sha’a-Allah (if Allah wills). A proof for the foregoing is the Hadith in which the Prophet (peace be upon him) said:
If anyone dies in a state 'that they had to complete' some days of Sawm, their Waliy 'kin' must observe Sawm on their behalf.
(Agreed upon by Al-Bukhari and Muslim on the authority of
`Aishah, may Allah be pleased with her).May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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My brother had a car...
