Darul Ifta, Darul Uloom Azaadville

A Bequest In Favour Of An Heir

· 6 Ramadan 1443 AH1 min readEnglish

Question

My mother was terminally ill, about two weeks before she passed away, she requested that her wealth be given to my father. She did not specify now or later she just said “Give my money to daddy” (he told her that he was in financial difficulties but after her death we see that he doesn’t have any debts). At the time some agreed to fulfill her wish and gave up their share, others were not so keen but also agreed.

What is the mas’ala regarding this wealth? Do we honour her dying wish? Or take back the money?

We are 5 sisters and no brothers.

Answer

To make a bequest in favour of the heirs is not permissible.

For this reason, by your mother saying that the wealth should go to your father will not entitle your father to get a greater portion from the wealth of inheritance than what is prescribed and allocated for him by Shari’ah, and it is not necessary to fulfil the wish of your mother.

If any or all of the sisters happily give their share/s to their father then she/they can do so.

References (Arabic / Urdu sources)

رد المحتار على الدر المختار٦/٦ ٦٥

اللباب في شرح الكتاب ١٦٨/٤

مجمع الأهر في شرح ملتقى الأعر١٧/٤ ٤

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/a-bequest-in-favour-of-an-heir/13306/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-13306

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“If a bequest is made in favour of non-heirs, then the bequest will be valid up to one-third of the estate, if they, i.e., the beneficiaries, are alive at the time of demise.”

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