1398. If a father had not discharged his qaÃÁ prayers, and was able to offer their qaÃÁ, and based on obligatory precaution, even if he had failed to discharge them out of disobedience, or did not offer them correctly, it is obligatory on the eldest son to offer them after his demise, or hire someone for it. The qaÃÁ of prayers of the mother are not obligatory on him, although it is more precautionary to do so.
1399. If the eldest son doubts whether his father had qaÃÁ prayers so not, nothing is obligatory on him.
1400. If the eldest son knows his father had qaÃÁ prayers, but doubts whether he had offered them or not, obligatory precaution dictates that he should offer their qaÃÁ.
1401. If it is unknown which son is the eldest, the qaÃÁ prayers is not obligatory on either of the sons. However, recommended precaution dictates that they should offer it as a kifÁ’Ðyy obligation, or divide them amongst themselves, or cast a lot.
1402. If a deceased person has made a will that a person should be hired to offer his qaÃÁ prayers, the eldest son will be relieved from his duty after the person hired has offered them correctly.
1403. If the eldest intends to offer the qaÃÁ prayers of his mother or father, he should act in accordance to his own duty. For example, he should offer the qaÃÁ of his mother for fajr, maghrib and ishÁ aloud.
1404. If a person has qaÃÁ prayers, and intends to discharge the qaÃÁ prayers of his father and mother, he may offer any of them first.
1405. If the eldest son is not bÁligh or is insane at the time of his father’s death, he should offer the qaÃÁ of his father’s prayers after becoming bÁligh or sane.
1406. If the eldest son dies prior to discharging the qaÃÁ prayers of the father, nothing is obligatory on the second son.
