If someone who is hired dies before performing all the qaḍāʾ prayers of the deceased, and if he has qaḍāʾ prayers of his own, then, after acting according to the instructions mentioned in the previous ruling, if anything is left over from his estate, and if he has made a will and his heirs give their consent, then someone must be hired to perform all his prayers.
However, if the heirs do not give their consent, then the one-third of his estate[7] must be used for [hiring someone to offer] his prayers. [1] The laws stated in this section are sometimes discussed under the heading ‘niyābah’, i.e. doing something on behalf of someone else. [2] A mujtahid is a person who has attained the level of ijtihād, qualifying him to be an authority in Islamic law. Ijtihād is the process of deriving Islamic laws from authentic sources.
[3] The laws of taqlīd are mentioned in the first chapter of the present work. [4] Therefore, if, for example, a man has been hired to perform the qaḍāʾ ṣubḥ prayers of a deceased woman, he must recite Sūrat al-Ḥamd and the other surah aloud. See