Mufti Online — Madrasah Ta'leemuddeen

Wasiyyat for an heir

· 3 Rabiʻ II 1434 AH1 min readEnglish

Question

A lady passes away she leaves behind four children two sons and two daughters and a husband, after she passes away it is realised that she has some money in the bank,so after her demise the husband states that during her lifetime she told one person that if she passes away her husband should use the money for haj, I would like to know is one persons statement sufficient to prove that that she really said this and two what is the manner of fulfilling the bequest of the deceased according to shariah?

Answer

The extra money will form part of the estate and will have to be distributed among the heirs according to the prescribed laws of inheritance. Making a bequest for an heir is impermissible and invalid in Islam.

And Allah Ta'ala knows best.

References (Arabic / Urdu sources)

ويروى عن ابن عباس رضي الله عنهما عن النبي صلى الله عليه وسلم قال : " لا وصية لوارث إلا أن يشاء الورثة " منقطع هذا لفظ المصابيح . وفي رواية الدارقطني : قال : " لا تجوز وصية لوارث إلا أن يشاء الورثة " (مشكاة رقم 3074)

Answered by
Mufti Zakaria Makada
Checked & approved by
Mufti Ebrahim Salejee (Isipingo Beach)
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Questions about this ruling, answered only from the archive with sources.

Where scholars differ, it’s safer to take the more cautious view.

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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/1971
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-1971

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