Is Fulfilling a Vow (Nadhr) Obligatory on the Heirs?
By: Imran Ayyub Lahori
Scholarly Opinions
① Majority (Jumhūr):
- If the vow is financial, it is not obligatory on the heirs to fulfill it themselves; rather, it will be paid from the deceased’s estate, even if he did not make a will.
- If the vow is non-financial (e.g., fasting, prayer), the heirs are not obliged to fulfill it.
② Imām Mālik and Imām Abū Ḥanīfah (رحمهم الله):
- The vow will only be fulfilled by the heirs if the deceased had made a will regarding it.
③ Ibn Ḥazm and Ahl al-Ẓāhir:
- The heirs must fulfill the vow in all cases, regardless of whether the deceased made a will, provided there is no valid Sharʿi excuse preventing it.
References: Qafw al-Athar 5/1726, Fatḥ al-Bārī 11/593–594, Subul al-Salām 4/1905
Preferred Opinion (Rājiḥ):
The view of Ahl al-Ẓāhir is stronger — that fulfilling the vow is obligatory on the heirs (unless there is a Sharʿi impediment), because the command in the ḥadīth indicates obligation.
[Subul al-Salām 4/1905]
