What if the kaffarah namazes works out less than 1/3rd?
Published as A Wasiyyat (Bequest) Made For Less Than A Third Of The Value Of An Estate
Question
A person makes wasiyyat that one third of his kaffarah namaazes be paid from the estate.
What if the kaffarah namazes works out less than 1/3rd? What will be done with the balance of the one third?
Answer
If the Fidyah calculated turns out to be less than one third of the deceased’s estate, then that which is left from the one third will be added to the rest of the estate and then distributed among the surviving heirs, according to the shares.
References (Arabic / Urdu sources)
الدر المختار مع رد المحتار ج ٩ ص ٦٥٠-٦٥٢ سعيد
الدر المختار مع رد المحتار ج ٢ ص ٧٢-٧٣ سعيد
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/a-wasiyyat-bequest-made-for-less-than-a-third-of-the-value-of-an-estate/19727/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-19727
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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.”
Jamiat KZN · 117 fatawa from 6 Darul Iftas on this
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