Can a guardian (Wali) perform vowed acts of obedience (Nudhur al-Ta'ah) on behalf of a deceased person?
General Chapter
Al-Mughni
Book of Vows
Primary text
The guardian of the deceased, related by kinship, may perform vowed acts of obedience on the deceased's behalf, including Hajj, fasting, charity, manumission, or seclusion (I'tikaf), if the deceased died before fulfilling them. This permissibility is supported by actions attributed to Ibn Abbas, who advised a daughter to walk to Quba' on behalf of her mother who vowed it, and a narration that Aisha performed I'tikaf for her brother Abdurrahman after his death. Furthermore, evidence suggests that if a person dies owing a fast, their guardian should fast for them, supported by the analogy made by the Prophet, peace be upon him, comparing the vow to a debt: 'The debt of Allah is more deserving of being paid.' This principle applies broadly to vows, except for acts like prayer which have no substitute.
Supporting text
Imam Ahmad stated that prayer cannot be performed for the deceased as it has no substitute. Malik held that no one may perform physical acts like walking, praying, or fasting on behalf of another. Imam Al-Shafi'i maintained that Hajj is performed for the deceased, but prayer is not, and regarding fasting, one opinion is that the guardian should feed a poor person for each day of the missed fast, citing a tradition where the Prophet, peace be upon him, commanded feeding the poor for a missed vow of fasting. The Zahiris necessitate that the guardian must make up the vows based on the literal interpretation of related traditions.