Darul Ifta, Darul Uloom Azaadville

Revoking A Bequest

· 18 Dhuʻl-Qiʻdah 1442 AH1 min readEnglish

Question

If my grandma gave me £5000

When she she gave it she said give it back to me whenever you can there’s no time limit

Then later she said the moneys forgiven if I’m not alive anymore

3 months later she said to me you need to give half of it if I pass away to the masjid I’ve built she’s building in a country

(Once it’s been forgiven like that , do I still need to give half the money back after she passes away or it’s been forgiven )?

Answer

In principle the testator has the right to revoke, annul and renew the bequest.

Considering the above principle and the ruling that “forgiving a debt in such a way is considered as a bequest” the testator in the scenario mentioned has the right to revoke the bequest and make changes in it. Therefore, you will have to abide by her bequest by putting half of the money in the Masjid project, implying therefore that the loan was not entirely forgiven.

References (Arabic / Urdu sources)

(الهداية ) بشري – 341/4

) درر احلكام

في شرح مجلة الاحكام 1/77 – دار الكتب العلمية الطعة الثانية- 2018

Approved by
Mufti Muhammed Saeed Motara Saheb D.B.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/revoking-a-bequest/6582/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-6582

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