Is there a place for devir and isqat in our religion?

Isqat refers to the act of paying a ransom (fidya) after a person's death to absolve them from religious obligations such as fasting, sacrifice, vows, or expiations that they were unable to fulfill during their lifetime for various reasons. In the Qur'an, it is stated: “But those who are unable [to fast] must pay a ransom of feeding a poor person.” (al-Baqara, 2/184). According to this verse, those who are unable to fast due to incapacity or valid excuses during Ramadan or at other times must pay a fidya for each missed day of fasting. The majority of jurists have ruled that the reason for the ruling in this verse—paying fidya instead of fasting—is “incapacity.” Therefore, they have stated that fidya should also be paid for the missed fasts of those who, with or without an excuse, did not fast and died before making them up, and that such individuals should even make a will regarding this matter. The situation of a deceased person who was unable to fast can be analogized to those who are unable to fast due to an excuse. If the deceased left a will regarding this, the analogy becomes even stronger. If there is no will, the heirs are not obliged to do this. If the deceased left no inheritance or the estate is insufficient, the heirs may give from their own wealth as a voluntary act (tabarru‘). Performing isqat for fasting in this manner is in accordance with religious rulings.

As for the isqat of prayers, there is neither evidence nor indication in the Qur'an or Sunnah that a person's missed prayers can be absolved by paying fidya. Therefore, it cannot be said that prayer debts are absolved by fidya. However, giving charity to those in need on behalf of the deceased is considered a form of charity (sadaqah) and it is hoped that it will be a means for the forgiveness of sins and the manifestation of Allah’s mercy. As stated in the Qur'an: “Indeed, good deeds erase bad deeds.” (Hud, 11/114). However, the practice of “devir,” which involves giving a certain amount of money to a poor person, who then supposedly acts charitably by gifting the money back to the giver, and repeating this process until the required amount is completed, has no rational or textual basis.

Within one’s means, giving charity to the poor, commissioning charitable works, and supporting charitable organizations are the most appropriate actions that survivors can do for the deceased. However, if there are children among the heirs of the deceased (apart from the deceased’s will), it is not permissible to use their share of the inheritance for isqat or charity, thereby causing them harm. (Ibn Nujaym, al-Bahr, 4/117; Ibn Abidin, Radd al-Muhtar, 2/240-241)

The predominant view in the Shafi‘i school is that it is neither valid for the relatives of a deceased person who owed prayers or a vowed i‘tikaf to perform these acts of worship on their behalf nor to absolve these debts by paying fidya. (Nawawi, al-Majmu‘, 6/372)

Source: T.C. Diyanet İşleri Başkanlığı, Din İşleri Yüksek Kurulu