Is the saying of a Companion (Sahabi) a proof (hujjah)? If so, why did a Companion allow a Successor (Tabi'i) to contradict him?

The question states:

> What is the ruling on someone who dies and has a debt to Allah, such as unperformed prayers, unfasted days, or unperformed Hajj? Is it permissible for their heirs to perform these on their behalf?

The answer is:

All praise is due to Allah, and prayers and peace be upon the Messenger of Allah, and upon his family, companions, and those who follow his guidance.

If a person dies and owes Allah obligations such as unperformed prayers, unfasted days from Ramadan, or unperformed Hajj, the ruling regarding each of these differs:

First: Regarding unperformed prayers:

The majority of scholars, including the four Imams (Abu Hanifa, Malik, Shafi'i, and Ahmad), are of the opinion that it is not permissible for the heirs to perform prayers on behalf of the deceased, nor is it permissible for them to pay expiation for the deceased, because prayer is a purely physical act of worship, and it cannot be performed by proxy during one's lifetime, so it certainly cannot be performed by proxy after death. Also, there is no sound and explicit evidence that permits performing prayers on behalf of the deceased.

However, Imam Ahmad and some other scholars hold the view that if the deceased had a vow to perform a prayer, it is permissible for their guardian to perform it on their behalf, based on the hadith narrated by Aisha (may Allah be pleased with her) that the Prophet (peace be upon him) said: "Whoever dies and owes a prayer of a vow, their guardian should pray it on their behalf." This hadith is considered weak by some scholars and interpreted by others to mean that if a person vows to perform a prayer, and then dies, their guardian should pay an expiation on their behalf. However, the stronger view is that it is not permissible to perform prayers on behalf of the deceased, whether they were obligatory or vowed, due to the lack of clear evidence.

Therefore, if a person dies and owes unperformed prayers, there is nothing for the heirs to do other than to seek forgiveness for them and make supplications for them, hoping that Allah will forgive them out of His mercy and grace.

Second: Regarding unfasted days from Ramadan:

There is a difference of opinion among scholars regarding someone who dies and owes unfasted days from Ramadan:

1. The view of the majority: This view, held by the Hanafis, Malikis, and some Hanbalis, is that if a person dies and has unfasted days from Ramadan, it is not permissible for their guardian to fast on their behalf, nor is it obligatory to feed the poor on their behalf from their estate. This is because fasting is a physical act of worship that cannot be performed by proxy, similar to prayer. However, if the deceased had the ability to fast but did not, and they died before being able to make up the days, then they are not liable. But if they neglected it out of procrastination and died before making it up, then it is preferable to feed a poor person for each day, as a form of expiation.

2. The view of the Shafi'is and some Hanbalis: This view is that if a person dies and has unfasted days from Ramadan, and they died before being able to make them up, then there is nothing due from them. But if they died after being able to make them up, but neglected to do so, then it is permissible for their guardian to fast on their behalf, or to feed a poor person for each day from their estate. This view is based on the hadith narrated by Aisha (may Allah be pleased with her) that the Prophet (peace be upon him) said: "Whoever dies and owes fasting, their guardian should fast on their behalf." (Agreed upon).

3. The view of Imam Ahmad: Imam Ahmad distinguished between two cases: If the deceased was ill or had an excuse that prevented them from fasting and died in that state, then nothing is due from them, and it is not obligatory for their heirs to do anything on their behalf. If the deceased was able to fast but did not make up the days and died in that state, then it is obligatory to feed a poor person for each day from their estate before distributing the inheritance, according to the opinion of the majority of his followers.

The most accurate view is the one that permits the guardian to fast on behalf of the deceased, based on the explicit sound hadith mentioned above. However, if they choose to feed the poor instead, that is also permissible, especially if fasting poses a difficulty for the guardian.

Third: Regarding unperformed Hajj:

If a person dies and has not performed the obligatory Hajj, and they were able to do so during their lifetime, then it is obligatory for their heirs to perform Hajj on their behalf from their estate, or to appoint someone to perform Hajj on their behalf, provided that the Hajj expense is taken from the deceased's estate before the distribution of the inheritance. This is based on the hadith narrated by Ibn Abbas (may Allah be pleased with them both) that a woman from Khath'am came to the Prophet (peace be upon him) and said: "O Messenger of Allah, my father has reached old age and is unable to ride, and the Hajj of Allah has become obligatory upon him. Can I perform Hajj on his behalf?" He said: "Yes." (Agreed upon). And the hadith narrated by Ibn Abbas that a man said: "O Messenger of Allah, my mother died and she had vowed to perform Hajj. Can I perform Hajj on her behalf?" He said: "Perform Hajj on her behalf. Do you not see that if your mother had a debt, would you pay it off for her?" He said: "Yes." He said: "Then pay off the debt of Allah, for the debt of Allah is more deserving of being paid off." (Narrated by Bukhari).

Therefore, if a person dies and owes the obligatory Hajj, it must be performed on their behalf from their estate before distributing the inheritance, as it is considered a debt to Allah and is more deserving of being paid off.

Summary of the Answer:

Unperformed prayers: The majority of scholars rule that it is not permissible to perform them on behalf of the deceased. The heirs should seek forgiveness and make supplications for the deceased. Unfasted days from Ramadan: The strongest view is that it is permissible for the guardian to fast on behalf of the deceased, or to feed a poor person for each day, especially if the deceased had the ability to make up the fasts but neglected to do so. Unperformed Hajj: It is obligatory for the heirs to perform Hajj on behalf of the deceased from their estate, or to appoint someone to do so, if the deceased was able to perform Hajj during their lifetime but did not.

And Allah knows best.