As we all know the Prophet (saws) prayed the absentee prayer upon Najashee and there is a consensus on the authenticity of this event. This proves that it is legislated. The issue which scholars have differed over is that of why the Prophet (saws) prayed on him. The Hanafiyyah and Malikiyyah said that that was from the special charactersitics of the Propeht (saws) and thus not legislated for anyone else after that. Thier strongest opinion is that it has not been narrated that the Prophet (saws) prayed on anyone else who was absent. The rest of the the Shafiiyah and Hanabilah have a strong response to this which is that there has to be an authentic text indicating something to be from the special characteristics of the Prophet (saws) and without that text we are generally commanded to follow the Prophet (saws) who was sent as our example. This group made no difference between if the person had been prayed upon or not and accepted the generality of the najashi story and stated that their is no indication of restrianing the ruling upon those who weren’t prayed upon.

So now your saying so where did Shaikh Suhaib get his opinion? Well, I would say he has a well enough background to look at the texts and tell you, but he is likely impressed with the stronger (but not as famous of Imam Ahmad) which was chosen by shiakh al-Islam and his student Ibn al-Qayyim. They are saying that if the absentee dead Muslim wasn’t prayed upon then the fard-kifayyah moves to whoever will do it. Yet if he/she was prayed upon, then that fard kifayyah is removed.

This is one of the cases that the strongest opinion to most people of knowledge after comparison is one that wasn’t so famous in the previous authorized works of the madhahib.

And Allah knows best

I am looking forward to see you in Houston Inshallah.
Idd