Power of Attorney: Repaying Misused Funds for Acts of Worship Performed on Behalf of the Deceased

Practical Laws of Islam as per the teachings of Imam Khamenei

Power of Attorney: Repaying Misused Funds for Acts of Worship Performed on Behalf of the Deceased

English:

Question #1800:

Someone acted as an attorney in hiring other people to perform certain acts of worship, such as prayer and fasting, on behalf of the deceased. He betrayed the trust, i.e. he did not hire anybody and took the money for himself. Having shown remorse, he wants to pay back his dues. What should he do? Should he hire some people to do the job or return the money to the respective owners at the current rate? Or is he required to return only the amounts he originally received from the people who asked him to do the job? And what is the view if this person himself was hired to do the job, but died before getting it over and done with?

Answer #1800:

If the contract of being attorney has already expired before hiring anybody to perform the prayer and fasting, he should pay the amount of money he received for getting the job done plus compensation for the decrease in purchasing power of the money. Otherwise, he has the choice between hiring someone to perform prayer and fasting with the money he received or canceling the contract and returning the owners the money plus compensation for the decrease in purchasing power of the money. As for the hired person, if he was hired to do it himself, the contract is automatically cancelled with the death of the person. It would then be obligatory that the money he received be paid back from his estate plus compensation for the decrease in purchasing power of the money. If he was hired to do the job or to have it done, he would still be responsible for discharging the work itself. In this case, his inheritors have to hire someone to discharge the work with money set aside from his estate if he has such estate. Otherwise, they do not have to do anything.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Power of Attorney